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Item 3. Facility Information. This question asks the

of the station.

Such circumstances may include, for

applicant to specify:

(1) whether commercial or

example, where a station is awaiting Commission action

noncommercial educational DTV operation is proposed;

on an application for a DTV construction permit and

and (2) the community to which the station will be

action is delayed for reasons beyond the station’s control

licensed.

(e.g., obtaining required governmental approvals such as

FAA, Canadian and Mexican clearance) or where the

Item 4: Purpose of Application. This question asks

Commission’s action on the application is the subject of

whether FCC Form 337 is being filed for additional time

a court appeal.

within which to construct a new DTV station or to

modify the facilities authorized in an outstanding

In addition, the Commission will continue to consider

construction permit. It also requires that the applicant

other circumstances that are either unforeseeable or

identify the permit covered.

beyond the station’s control. Such circumstances may

include, for example, acts of God, terrorism, and such

Item 5: Reason for Delay in Construction. In the

natural disasters as floods, tornadoes, hurricanes,

Fifth Report and Order in MM Docket No. 87-268, 12

earthquakes and other calamities that are unforeseeable

FCC Rcd 12809 (1997), on reconsideration, 13 FCC Rcd

events warranting additional time to construct.

6860 (1998), the Commission announced its willingness

to grant, on a case-by-case basis, an extension to the

In responding to this question, the applicant should attest

applicable

DTV

construction

deadline

where

to the nature of the problem(s) preventing the timely

broadcaster has been unable to complete construction

completion of construction and provide a detailed

due to circumstances that are either unforeseeable or

explanation of the reason(s) requiring an additional time

beyond the permittee’s control, provided the broadcaster

to construct its station’s DTV facilities.

has taken all reasonable steps to resolve the problem

expeditiously. The Commission also stated that it would

NOTE: Underlying documentation need not be filed

modify its existing policies regarding extensions, taking

with FCC Form 337.

However, such documentation

into account problems encountered that are unique to the

fully detailing and supporting the representations and

DTV conversion.

descriptions provided in response to question 5 and, if

applicable, question 6 below shall be kept at the station

In the Report and Order in MB Docket No. 07-91, __

for as long as the extension of time is in effect and shall

FCC Rcd __ (2007), the Commission adopted a stricter

be made available upon request by the Commission.

standard for the grant of an extension of the applicable

With respect to a station’s claimed financial condition,

DTV construction deadline.

See 47 C.F.R. §

the applicant should have available an audited profit and

73.624(d)(3) (2007).

loss statement for its most recent fiscal year at the time

of the filing of FCC Form 337 or similar probative

First, stations may no longer obtain an extension because

financial documentation.

of technical reasons, such as equipment delays. Second,

the Commission tightened the financial showing required

Item 6: Most Recent Construction Period. Where the

for an extension. While previously requiring a showing

station had previously received an extension of time to

that the cost of meeting the minimum build-out

construct, the “most recent construction period” is the

requirements exceeded the station’s financial resources,

period between the grant date and the expiration date of

the Commission now requires a showing that the station

the latest extension. This application for extension of

is (1) the subject of a bankruptcy or receivership

time will be evaluated according to the progress and

proceeding, or (2) experiencing severe financial

efforts made, or circumstances which occurred, during

hardship, as defined by negative cash flow for the past

the most recent construction period.

See, Rainbow

three years. In order to be considered for an extension

Broadcasting Company, 11 FCC Rcd 1167 (1995).

due to financial hardship, a station must: (1) submit

proof that they have filed for bankruptcy or that a

Item 7: Construction Completion Date. In accordance

receiver has been appointed, or (2) submit an audited

with its station’s DTV construction plan, the applicant

financial statement for the previous three years.

should set forth the date by which it reasonably expects,

addition, the station must submit a schedule that outlines

under its circumstances, to complete construction.

the time period for the completion of construction. To

Pursuant to the Commission’s rules, the staff may grant

the extent that an applicant’s description of its financial

no more than two, six-month extensions of time to

condition sets forth information that is proprietary and

construct DTV facilities. See 47 C.F.R. 73.624(d)(3).

not customarily disclosed to the public, the applicant

Where the applicant is unable now to project its

may request that the Commission treat the information as

anticipated construction completion date, it should

confidential. See 47 C.F.R. Section 0.459.

describe the reasonable, good faith measures it is and

will be taking to expeditiously resolve its incapacity to

The Commission will continue to consider extension

construct the station’s DTV facilities.

requests where the station is facing legal obstacles,

where resolution of the issue is truly beyond the control

Form 337 - Application For Extension Of Time To Construct A Digital Television Broadcast Station Page 2

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