DTV Buildout Order Published

The Public Notice reminded licensees that the freeze on maximization remains in effect. However, stations that have a pending petition for reconsideration in the Seventh Report and Order may file their CP applications for post-transition facilities now.
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The FCC this week published the Third DTV Periodic Report and Order—originally released Dec. 31—in the Federal Register. In addition to several new OMB-approved application forms, the report also provided deadline details.

Stations wanting to take advantage of expedited processing must file by March 17, 2008. Stations with a post-transition deadline of Aug. 18, 2008 must also file no later than that date. Stations with a deadline of Feb. 17, 2009 must file applications no later than June 19, 2008.

The FCC also received OMB approval for the new and modified FCC forms listed in the Report and Order. These include Form 301 (application to construct or modify post-transition Appendix B facilities; Form 337 (request for extension to construct DTV facilities); Form 340 (application for noncommercial educational stations to file applications to construct or modify post-transition facilities); and Form 387 (DTV transition status reports).

The Public Notice reminded licensees that the freeze on maximization remains in effect. However, stations that have a pending petition for reconsideration in the Seventh Report and Order may file their CP applications for post-transition facilities now. The FCC encouraged these stations to file applications if they can obtain their desired post-transition facilities under the filing freeze waiver policy. These applications, however, will not qualify for expedited processing.

Stations with DTV facilities that match their Appendix B facilities do not need to file any additional CP applications. Some stations may have facilities that are close to, but not exactly the same as their Appendix B facilities. These stations must use Form 387 to notify the FCC of the discrepancy.

Extension requests must be filed no earlier than 90 days and no later than 60 days before the relevant construction deadline.

The Public Notice (DA 08-172) provides additional information and an excellent summary of TV broadcasters’ filing requirements as we approach the end of the DTV transition.