Audio Division cracks down on permittees who construct non-compliant, less-than-permanent facilities.
A broadcast construction permit comes with conventional expectations. The permittee is expected to build the facilities specified in the permit and to do so by the deadline specified in the permit; once constructed (presumably on a permanent basis), those facilities are to be utilized in the ongoing, continuous operation of the station; and a license application reporting the successful and timely completion of the construction is to be filed. Many permittees, probably the vast majority, do what they’re expected to. Others, however, try to get around the construction requirement by setting up facilities that don’t meet the specs of the permit and are at best temporary; those permittees crank up their here-today-gone-tomorrow gear briefly, so they can at least say it was operational for a while; and they then file an application for a covering license based on those facilities.
Faced with a permittee who had sought a license apparently based on the construction of temporary, non-compliant facilities, the Audio Division has made unequivocally clear that “temporary facilities fail to satisfy” the relevant rule regarding construction. As a result, if the staff determines that only temp facilities have been constructed prior to a construction permit’s expiration date, the permit will be deemed to have expired automatically as of that date and the erstwhile permittee will be left empty-handed.
The permittee in this case held a noncommercial FM permit issued in December, 2010, with an expiration date of December 8, 2013. On December 9, 2013, the permittee filed its license application certifying that the facilities had been built and the station as operating pursuant to program test authority.
But the Audio Division must have smelled a rat.Continue Reading...