Export Compliance Daily is a service of Warren Communications News.

FCC Seen Issuing DTV Licenses Soon to Stations Seeking Delays

DTV licenses could be issued soon to stations in line for 6-month waivers of an FCC “use it or lose it” deadline for DTV compliance, said 2 attorneys for companies involved. The FCC hasn’t acted publicly on the waivers. The stations say they're now compliant. They finished building antennas and other DTV gear after seeking waivers on a July 7 deadline to be sending digital signals to at least 80% of viewers (CD July 18 p1). Stations usually operate at full digital power about a week to take signal and other measurements before seeking licenses, another broadcast lawyer said.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

“The license applications are usually turned around pretty quickly,” lawyer Stuart Shorenstein said: “I think that you're accomplishing what the Commission intended to accomplish,” he said, adding “it would be routine” for a license to be granted. Shorenstein’s firm, Wolf Block, works for WSWB Scranton/Wilkes-Barre, Pa., which sought an extension July 3. Less than 3 weeks later, the station completed its digital facilities and sought a license, a July 27 filing said: “Accordingly, further waiver of the replication deadline is unnecessary.”

At least 6 other stations finished license submissions after seeking more time to meet the July deadline, our review of the Commission docket (03-15) found. The stations: KALB- TV Alexandria, La.; KENS-TV San Antonio; WCBD-TV Charleston, S.C.; WGFL High Springs, Fla.; WMCN, a DTV-only station in Atlantic City; and WPXT Portland, Me.

The FCC fielded about 320 DTV waiver requests, an agency staffer said. The Media Bureau declined comment on a possible timeframe for deciding on them. The Commission may be mum out of desire to avoid publicizing the extent to which stations aren’t fully providing DTV, broadcast sources said.

A challenge for stations shifting to DTV has been getting FCC construction permits, said Davis Wright Tremaine’s Brendan Holland: “The more difficult hurdle is the construction permit. Once you have that in hand, by the time you get to the license application stage, it’s just a matter of confirming you did what you were supposed to do” regarding the construction permit. Seeking a license “is usually a simpler and quicker process,” said Holland, who represents WACY Appleton, Wis. That station wants a deadline extension as it awaits word from the FCC on a modification request for its DTV building permit, according to a July 25 filing.

In other TV license action, the Media Bureau delayed to Aug. 11 a filing deadline for Cal. stations to seek renewals. The FCC Consolidated Database System (CDBS), which processes such requests, hasn’t been working at full capacity, a bureau notice said: “The filing extension is designed to provide a reasonable opportunity for impacted licensees and CDBS users to timely file these forms.”