This information sheet is sent to AM and FM applicants at the time a construction permit application for a new or modified radio broadcast station is granted. It provides basic information as to FCC requirements and policies that the new permittee should be aware of. Permittees of new AM or FM radio broadcast stations are also sent the Information Sheet entitled Your Initial Construction Permit for A New Radio Station.
Your new construction permit is enclosed. Listed below is some additional general information which will help you to understand Commission policies and regulations pertaining to your construction permit.
First of all, please examine the construction permit to make sure that
all information is correct. If any errors are found, please contact
the Audio Division's Technical
Processing Group immediately so that the error can be corrected.
Please note the expiration date on the construction permit. If the construction permit is an initial permit, with a file number prefix of BPH- or BPED- for FM stations or BP- for AM stations, then the expiration date is three years from the date of grant. If the construction permit is a modification, with a BMPH-, BMPED-, or BMP file number prefix, no expiration date may be shown on the new authorization. In this case, the expiration date of the original BPH- or BPED- construction permit remains in effect for the modification permit.
Before this date has passed, construction MUST be completed and a license application electronically filed to cover this permit unless the construction period has been approved for tolling. See 47 CFR 73.3598(b).
Please be aware that the filing of a modification
section below) will not extend the expiration
date of a construction
permit. Similarly, the filing of a petition for
rulemaking to change an allotment in the FM commercial band will not
extend the expiration date of a construction permit.
Once a license application is electronically filed to cover a construction permit, that pending license application automatically extends the expiration date of the construction permit until the staff acts on the license application. See 47 CFR 73.1620(c).
If construction is not completed and a license application not electronically filed prior to the expiration date, the construction permit is automatically forfeited and becomes null and void. The Commission's rules no longer require the staff to mail a letter to formally cancel a construction permit. See 47 CFR 73.3598(e)
CONSTRUCT IN ACCORDANCE WITH THE
The Commission expects that construction will be completed in strict
accordance with the
terms and conditions of the construction permit. Where circumstances
necessitate deviations from the construction permit parameters, these
changes must first be approved
via the grant of a modification construction permit application on FCC Form
301 for commercial AM and FM stations or FCC Form 340 for
noncommercial educational AM and FM stations (see the next section).
Please note that the Commission's rules and
policies do not authorize deviant construction before grant of a modification
application, and any such construction may subject the licensee or
permittee to sanctions which may include (but are not limited to) monetary
forfeitures. Furthermore, it is staff policy to deny requests for special
temporary authority to operate a station not built in compliance with the
terms and conditions of the construction permit.
In some cases, it may be necessary for an applicant to modify the technical
parameters specified in its construction permit before construction commences.
Such modifications may be applied for in a new construction permit application
on FCC Form 301 for
commercial AM and FM stations (with the appropriate application filing fee,
or FCC Form 340 for noncommercial educational AM
and FM stations. Upon grant of the modification application, construction
of the changed facilities may commence.
Be aware that the filing or grant of a modification application does NOT extend the expiration date of the original construction permit.
Please be aware that unless the main studio rule was waived on the granted construction permit or in a separate letter from the staff , the location of the main studio must comply with the requirements of 47 CFR 73.1125. The requirements of this section pertain to noncommercial educational AM and FM stations as well as commercial AM and FM stations.
At the completion of construction, FM permittees may engage in equipment test operations pursuant to 47 CFR 73.1610 of the Commission's rules. FM nondirectional and directional permittees may conduct equipment tests at full power.
AM station permittees must review 47 CFR 73.1610(a) for applicable limits on AM equipment test operations before conducting equipment tests.
Brief messages may be radiated from the authorized constructed facilities for purposes of testing the antenna and transmission line.
When equipment tests commence, the permittee should send a letter to the Technical Processing Group, Mail Stop 1800B3, FCC 445 12th Street SW, Washington, DC 20554 indicating the call sign of the station, construction permit file number, station Facility ID number, and the date on which equipment tests began.
Once equipment tests are satisfactorily completed, and provided that no
condition on the construction permit prohibits it,
program test operations pursuant to 47 CFR 73.1620(a)(1) may
begin immediately for nondirectional AM and FM stations. These stations
must then file a license application on FCC Form 302-AM for AM stations or FCC
Form 302-FM for FM stations within 10 days of commencing operations on program
For directional AM stations, the permittee must submit the completed license application form, along with the appropriate exhibits and application filing fee (see next section) , at least 10 days prior to the date on which program tests are desired to commence. Program test operations for directional stations may not commence until the staff has reviewed the license application and issued a letter granting program test authority.
Directional FM stations may commence program test operations at one-half (50½) of the authorized effective radiated power (ERP) (see 47 CFR 73.1620(a)(2). At the start of program test operations at half power, the permittee must submit the completed license application form, along with the appropriate exhibits and application filing fee (see next section). This application should be submitted at least 10 days before the date on which full power operations are desired to commence. Program test operations at the full authorized ERP may not commence until the staff has reviewed the license application and issued a letter granting program test authority. It should be noted that, if desired, the licensee of an operating station may continue to operate with its currently licensed facilities (in lieu of commencing operations with half power on the construction permit facilities) until program tests at the full ERP are authorized.
To minimize delays in receiving program test authority, we encourage directional AM and FM license applicants to submit an additional courtesy copy of the license application in a separate envelope to Ms. Faith Hodge, Mail Stop 1800B3, FCC, 445 12th Street SW, Washington, D.C. 20554 (fax 202-418-1411 or 202-418-1410).
When program tests commence, the permittee should send a letter to the Technical Processing Group, Mail Stop 1800B3, FCC, 445 12th Street SW, Washington, DC 20554 (fax 202-418-1411 or 202-418-1410) indicating the date on which program tests began.
AM and FM commercial applicants are required to submit application filing fees along with construction permit applications on FCC Form 301 for initial or modification permits or license applications on Form 302 (AM stations) or Form 302-FM (FM stations). Noncommercial educational applicants are exempt from application filing fees. See the Mass Media Services Fee Filing Guide for additional information on fees and where applications with fees must be sent.
Directional AM and FM commercial stations are cautioned that an additional filing fee is required with the application for license to cover a construction permit. See Fee Code MOR for AM directional license applications and Fee Code MLR for commercial FM license applications in the Mass Media Services Fee Filing Guide. (AM and FM noncommercial educational applicants are not required to submit a fee.)
If the information provided here did not answer your question, we encourage you to contact the Audio Division at the phone numbers listed below so that we may provide the correct answer to your inquiry.
Application forms (Forms 301, 302-AM, 302-FM, and 340) and the Mass Media Services Fee Filing Guide may be obtained by calling (202)-418-3676 or 1-(800)-418-3676 and leaving a message on the answering machine provided for that purpose. Forms may also be obtained by mail from the FCC Forms Distribution Center, 9300 E. Hampton Drive, Capitol Heights, MD 20743. Most forms may also be obtained through the Internet at http://www.fcc.gov/formpage.html.
All Status Inquiries for construction permit applications, license applications, program test authority, or special temporary authority should be directed to (202)-418-2730. [ Other status information is available in the Internet at http://www.fcc.gov/mb/audio/status/index.html. ]
For technical questions concerning your
construction permit, the construction permit or
license application process, equipment or program test authority, please
contact the Technical Processing Group
of the Audio Division at (202)-418-2700. Legal questions may be
referred to the Legal Processing
Group of the Audio Division at (202)-418-2700.
The Audio Division has also placed a large amount of information on the Internet for your use. The Internet address is http://www.fcc.gov/mb/audio/.