**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

DTV Build-out )

)

Requests for Extension of the )

Digital Television Construction Deadline )

)

Noncommercial Educational Television Stations )

With May 1, 2003 Deadline )

ORDER

**Adopted: March 10, 2005 Released: March 15, 2005**

By the Commission:

1.  The Commission has before it 45 applications submitted by
    noncommercial educational television stations seeking extensions of
    the May 1, 2003, deadline for construction of their digital
    television (DTV) facilities pursuant to Section 73.624(d)(3)(iii) of
    the Commission's rules.[^1] The applications are unopposed. For the
    reasons set forth below, we grant 43 of the applications and extend
    the DTV construction deadline for these stations to six months from
    the release date of this Order. We admonish 2 stations for their
    continuing failure to timely construct, deny their applications, and
    afford them six months from the release date of this Order to comply
    with the DTV construction rule. These stations will also be subject
    to the remedial measures for DTV construction we have previously
    adopted.[^2]

    **I. Background**

2.  To further the rapid implementation of a nationwide system of DTV,
    we adopted in 1997 an aggressive DTV construction schedule.[^3] We
    determined that television stations affiliated with the ABC, CBS,
    Fox, and NBC television networks would be required to build DTV
    facilities in the ten largest television markets by May 1, 1999.
    Stations affiliated with these networks in television markets eleven
    through thirty were required to construct their DTV facilities by
    November 1, 1999. All other commercial stations were required to
    construct their DTV facilities by May 1, 2002, and all noncommercial
    stations were to have constructed their stations by May 1, 2003.

3.  A total of 1,680 television stations in all markets (representing
    approximately 98% of all stations) have been granted a DTV
    construction permit or license. There are a total of 1,491 stations
    now on the air broadcasting a digital signal, 682 with licensed
    facilities or program test authority and 809 operating pursuant to
    special temporary authority ("STA") or experimental DTV authority.

4.  In the top thirty television markets, all 119 network-affiliated
    television stations are on the air in digital, 110 with licensed DTV
    facilities or program test authority and nine with STAs. In markets
    1-10, of the 40 network affiliates due to be on the air by May 1,
    1999, all are providing digital service, 38 with licensed DTV
    facilities and two with STAs. In markets 11-30, all 79 network
    affiliate stations required to be on the air by November 1, 1999,
    are providing digital service. Seventy-two have constructed their
    licensed DTV facilities and seven are on the air with STAs.

5.  Approximately 1,230 commercial television stations were due to
    commence digital broadcasts by May 1, 2002. As of March 7, 2005,
    1,059 of these stations (86 percent) are broadcasting a digital
    signal. In addition, approximately 373 noncommercial educational
    television stations were required to commence digital operations by
    May 1, 2003. As of March 7, 2005, 313 (84 percent) of these stations
    are broadcasting a digital signal.

6.  The noncommercial stations in this proceeding were required to
    construct their DTV facilities by May 1, 2003, and have been granted
    at least two extensions by the staff. Their current extension must
    be considered by the Commission.[^4]

    **II. Discussion**

    **A. Stations Granted Six Month Extensions**

7.  *Stations with Uncontrollable or Unforeseeable Delays*. A number of
    stations have encountered unforeseen or uncontrollable delays
    concerning the construction of their DTV facilities including late
    delivery of equipment, unexpected equipment failures, natural
    disasters, and weather related delays.

8.  KMEB-DT, Wailuku, Hawaii, and KHET-DT, Honolulu, Hawaii, cite to
    difficulties they have experienced trying to site a new tower on the
    island of Oahu. They cite to the fact that local ordinances have
    restricted their ability to construct a new tower structure. To
    overcome these problems, these stations have joined with other area
    broadcasters to form a limited liability company seeking to
    construct a single tower to house their collocated DTV facilities.
    The group has located a common transmitter site, negotiated its
    organizational documents, and is continuing to work to obtain
    federal and local governmental approval for its proposed site.

9.  KOAB-DT, Bend, Oregon, has experienced difficulties obtaining local
    approval for its proposed DTV facilities. The station only recently
    received the necessary local approvals and is currently involved in
    the appeals process. Once the appeal process is successfully
    completed, the station states that it will begin construction of its
    DTV facilities. In the interim, the station has purchased and
    installed its transmitter and has undertaken modifications to its
    transmitter building.

10. KRMJ-DT, Grand Junction, Colorado, did not receive a grant of a
    necessary application for modification of construction permit until
    May 2004. Following that action, the station states that there was a
    heavy snowfall at its tower location that delayed construction of
    its DTV facilities. The station has commenced construction and has
    taken delivery of its DTV transmitter and antenna.

11. KGTF-DT, Agana, Guam, did not receive a grant of a necessary
    application for modification of construction permit until
    April 2004. Following that action, the station obtained CPB funding
    and purchased its DTV equipment. The station states that it will
    commence installation of the equipment upon receipt.

12. WMTJ-DT, Fajardo, Puerto Rico, and WIPM-DT, Mayaguez, Puerto Rico,
    are pursuing the construction of new tower structures in
    environmentally-sensitive areas. These stations are working to
    obtain the necessary approvals from local officials. In the interim,
    these stations have purchased their DTV equipment.

13. WQTO-DT, Ponce, Puerto Rico, has completed the installation of its
    DTV transmitter and antenna, but experienced a last-minute delay in
    completion of the station's master control system. The station had
    to order additional equipment and is awaiting its arrival.

14. WELU-DT, Aguadilla, Puerto Rico, did not receive a grant of a
    necessary application for modification of construction permit until
    March 2004. Since that action, the station has been seeking approval
    of its proposed tower site from local authorities. Approval has been
    delayed and the station has been unable to begin construction. In
    the interim, the station has ordered all of its equipment and it has
    been delivered.

15. KRSC-DT, Claremore, Oklahoma, began operating its DTV facilities,
    but experienced last-minute problems with certain of its DTV
    equipment. The station was forced to order replacement equipment and
    its awaiting its arrival so that it can once again begin operating
    digitally.

16. WLCB-DT, Leesburg, Florida, did not receive a grant of its DTV
    construction permit until November 2003. Since that time, the
    station has made progress on construction of its DTV facilities.
    Construction was delayed in the late summer and early fall of 2004
    by the several hurricanes that hit the Florida area. The licensee of
    the station states that these hurricanes caused disruption of
    service to its other analog stations and diverted attention and
    resources from the WLCB-DT construction project. The station states
    that it has completed a lease for its tower site, purchased its
    equipment and is continuing to work with its tower company to
    complete construction of its collocated DTV facilities.

17. We recognize that the siting of DTV facilities remains a challenge
    for many broadcasters. Construction and tower siting delays of the
    type outlined above qualify as uncontrollable and unforeseeable
    delays that warrant extension of these stations' DTV construction
    deadlines.

18. *Stations Awaiting Commission Action*. The following stations only
    recently received a grant of a construction permit application,
    modification application, request for STA, or petition for
    rulemaking:

    KAKM-DT, Anchorage, Alaska

    KWSE-DT, Williston, North Dakota

    WDPB-DT, Seaford, Delaware

    WEDY-DT, New Haven, Connecticut

    WEIU-DT, Charleston, Illinois

    WIPB-DT, Muncie, Indiana

    WPPB-DT, Boca Raton, Florida

19. We find that in each of the above cases the stations took the
    necessary steps to complete the processing of their proposal, but,
    because of their recent grant, the stations had insufficient time to
    complete construction.

20. *Financial Limitations*. Noncommercial educational stations face a
    unique challenge in the construction of their DTV facilities. Many
    of these stations have limited budgets and rely on state or federal
    funding for construction projects. Some must wait through lengthy
    budget cycles in order to secure the necessary financing in order to
    purchase and install equipment. These limitations provide additional
    obstacles and unique delays for successful DTV construction. In
    addition, in our *DTV MO&O*, we recognized that some stations may
    not be in the financial position to provide DTV service by their
    respective deadline.[^5] We announced a policy of allowing stations
    to seek an extension of their DTV construction deadline based upon
    the fact that the cost to construct their facility may exceed the
    station's financial resources. A number of stations have sought
    extensions based upon their financial difficulties.

21. KDIN-DT, Des Moines, Iowa, is licensed to a state-funded public
    broadcasting board that is the licensee of a state-wide system of
    television stations. The board is awaiting action from the State of
    Iowa on the final portion of the funding needed to complete
    construction of its DTV facilities. The station has already
    undertaken construction of some of its DTV facilities and has
    purchased some of its DTV equipment. The station expects to receive
    the remainder of its state funding and to complete its DTV
    construction.

22. KGFE-DT, Grand Forks, North Dakota, is also licensed to state-wide
    public broadcasting organization. The station has been unable to
    secure the funding necessary to complete construction of all of its
    DTV facilities. With an out-of-core DTV allotment (Channel 56), the
    station faces the difficult task of constructing a DTV facility that
    must later be modified to an in-core channel. The station is seeking
    different alternatives to construction of KGFE-DT's out-of-core DTV
    facilities, including allotment of alternative noncommercial
    educational DTV stations to cover the Grand Forks area.

23. KMTP-DT, San Francisco, California, was forced to pursue an
    alternative method of funding -- a combination of funding from
    viewers, supporters and governmental agencies. That funding was not
    secured until April 2004. The station then ordered its DTV equipment
    and began construction of its DTV facilities.

24. WILL-DT, Urbana, Illinois, is licensed to the University of
    Illinois. The station experienced delays in completion of its DTV
    facilities due to what it describes as drastic staff and budget cuts
    in the University's Operations and Maintenance Division.
    Construction has once again commenced and the station expects to
    complete construction shortly.

25. WPBS-DT, Watertown, New York, and WNPI-DT, Norwood, New York, only
    recently received outside funding to purchase their DTV equipment.
    Additional funds are needed and the stations are working to obtain
    funding from the State of New York. These stations are currently
    working on reinforcing their tower structure.

26. State funding limits have prevented WSBE-DT, Providence, Rhode
    Island, licensed to the state public telecommunications authority,
    from completing construction of its DTV facilities. The station
    states that almost all of the major equipment for digital conversion
    have been delivered and installed. The station is awaiting state
    funding for its encoding equipment.

27. WLAE-DT, New Orleans, has also been unable to complete construction
    of its DTV facilities because its licensee must comply with state
    public bid laws in order to purchase equipment. The station states
    that this has delayed purchase of the station's DTV antenna and
    transmission line. Problems with the bid process caused certain bids
    to be thrown out and new bids were sought. The station states that
    the problems have been resolved and that it is in the process of
    purchasing the necessary equipment.

28. The South Carolina Educational Television Commission (SCETV) is the
    licensee of WEBA-DT, Allendale, South Carolina; WJWJ-DT, Beaufort,
    South Carolina; WNEH-DT, Greenwood, South Carolina; and WRET-DT,
    Spartanburg, South Carolina. SCETV has had to complete construction
    of eleven DTV facilities. To date, they have completed the DTV
    facilities of seven stations. SCETV continues to press forward with
    the construction of its remaining four stations. It has acquired
    some of the DTV equipment for these stations and has completed some
    construction of the proposed tower locations. In addition to state
    budget delays, SCETV has experienced construction and installation
    delays. SCETV continues to press forward and diligently construct
    its remaining DTV facilities.

29. Central Michigan University (CMU), the licensee of WCMU-DT, Mount
    Pleasant, Michigan; WCML-DT, Alpena, Michigan; WCMW-DT, Manistee,
    Michigan; and WCMV-DT, Cadillac, Michigan; has faced similar
    problems trying to complete construction of all of its stations' DTV
    facilities. These delays include attempts to comply with the
    University's purchasing policies. The station has also experienced
    construction delays at the stations' tower sites. Construction
    continues on each of the station's DTV facilities. Most of the DTV
    equipment has been obtained. In addition, CMU is seeking additional
    funding from federal sources to obtain the necessary money for the
    remaining portions of its conversion projects.

30. The Georgia Public Telecommunications Commission (GPTC) is the
    licensee of the following nine stations:

    WABW-DT, Pelham, Georgia

    WACS-DT, Dawson, Georgia

    WCES-DT, Wrens, Georgia

    WCLP-DT, Chatsworth, Georgia

    WDCO-DT, Cochran, Georgia

    WGTV-DT, Athens, Georgia

    WJSP-DT, Columbus, Georgia

    WVAN-DT, Savannah, Georgia

    WXGA-DT, Waycross, Georgia

31. GPTC has experienced a delay in obtaining state funding for its DTV
    construction. It has been working with the state legislature to
    obtain authority to sell bonds for DTV construction. GPTC first
    obtained approval from the state to sell the bonds but the approval
    was later rescinded. GPTC is unable to move forward with
    construction until the funding issue has been resolved.

32. We find that these stations have met the requirements for further
    extension of the DTV construction deadline as stations experiencing
    financial delays and hardships. The stations have provided
    documentary evidence to establish that the "costs of meeting the
    minimum build-out requirements exceed the station's financial
    resources."[^6] Despite these setbacks, the stations have taken
    steps to further their DTV construction. Therefore, we grant these
    stations an extension to six months from the release date of this
    Order to complete their DTV facilities.

33. Although we grant these extension requests, we take this opportunity
    to remind television stations that timely implementation of DTV is
    the key to the success of a nationwide DTV system. We have found
    that expedited construction promotes DTV's competitive strength
    internationally, as well as domestically. We have also determined
    that rapid build-out ensures that the recovery of broadcast spectrum
    for future uses occurs as quickly as possible. We continue to expect
    stations seeking extensions to submit detailed justifications as to
    why they have been unable to complete construction of their
    facilities. As before, each station will be required to demonstrate
    that its failure to construct has been due to financial hardship, or
    circumstances that were either unforeseeable or beyond its control
    and that the station has taken all reasonable steps to resolve the
    problem expeditiously. We continue to expect such requests to be
    supported by documentation, and for stations to be able to
    demonstrate each step that was taken to complete construction or to
    outline each unforeseeable or uncontrollable delay or event. Only
    when we receive a fully supported request, will we allow an
    additional extension of the construction period.

    **C. Stations Admonished For Failure To Timely Construct**

34. In our *Remedial DTV* *R&O*, we announced a series of measures that
    we would employ whenever we determined that a television station had
    failed to complete construction of its DTV facilities and had failed
    to adequately justify an extension of its DTV construction
    permit.[^7] Upon examination of their extension applications, we
    have determined that 2 stations have not justified their failure to
    complete construction of their DTV facilities.

35. WYDN-DT, Worcester, Massachusetts, and KWDK-DT, Tacoma, Washington,
    claimed that they were unable to complete construction because of
    delays by a third-party installation company. These stations,
    however, failed to explain why they did not take steps to expedite
    construction or to force the installation company to timely complete
    their DTV facilities. As required by our rules, these stations
    failed to adequately demonstrate that their inability to complete
    construction of their DTV facilities in a timely fashion was due to
    circumstances that were unforeseeable or beyond their control. These
    stations also did not adequately address whether they had taken all
    necessary steps to further their DTV construction.

36. We, therefore, deny these stations' requests for an unqualified
    extension and admonish them for their continuing failure to comply
    with their DTV construction obligation. These stations are provided
    six months to comply with the DTV construction rule. These stations
    must submit a report (in letter form with the Secretary's office),
    within thirty days of the release date of this Order, outlining the
    steps they intends to take to complete construction and the
    approximate date that they expects to reach each of these
    construction milestones. Sixty days after the initial report, these
    stations must submit a report (once again in letter form with the
    Secretary's office), detailing their progress on meeting their
    proposed construction milestones and justifying any delays they may
    have encountered. If at any time during this six-month period, these
    stations fail to comply with the reporting requirements or fail to
    demonstrate that they are taking all reasonable steps to complete
    construction, or we otherwise find that these stations have acted in
    bad faith, we will consider the imposition of additional sanctions.

37. These stations should understand that, as a result of being placed
    in the remedial program, the burden will be greater to demonstrate
    the propriety of any failure to complete its DTV construction. If at
    the end of the six-month period, these stations have not completed
    construction, we will issue a Notice of Apparent Liability unless
    these stations can demonstrate that their inability to complete
    construction was due to extraordinary and compelling circumstances,
    such as a new, unanticipated, intervening event. These stations will
    be required to fully detail and document the delays they have
    experienced and must show that they took every reasonable step to
    prevent such delays.

    **III. Conclusion**

38. ACCORDINGLY, IT IS ORDERED That, pursuant to Section
    73.624(d)(3)(iii) of the Commission's Rules, 47 C.F.R. §
    73.624(d)(3)(iii), the applications of the television stations set
    forth in Appendix A of this Order for extension of the digital
    television construction deadline ARE GRANTED and the digital
    television construction deadline IS EXTENDED to six months from the
    release date of this Order.

39. IT IS FURTHER ORDERED, That the television stations set forth in
    Appendix B of this Order ARE ADMONISHED for their continuing failure
    to comply with its DTV construction obligation, that their
    application for extension of its DTV construction deadline ARE
    DENIED, and that these stations ARE AFFORDED until six months from
    the release date of this Order to come into compliance with the
    Commission's DTV construction rule. These stations must submit a
    report (in letter form with the Secretary's office), within thirty
    days of the release date of this Order, outlining the steps they
    intend to take to complete construction and the approximate date
    that they expect to reach each of these construction milestones.
    Sixty days after the initial report, these stations must submit a
    report (once again in letter form with the Secretary's office),
    detailing their progress on meeting their proposed construction
    milestones and justifying any delays they have encountered.

    FEDERAL COMMUNICATIONS COMMISSION

    Marlene H. Dortch

    Secretary

    APPENDIX A

**Stations Granted Sixth-Month Extension**

  ----------- ------- --------------------- ---- -------------------- ----
  CALL        FAC ID  FILE NUMBER           CH   CITY                 ST

                                                                      

  KAKM-DT     804     BEPEDT-20040528ABE    24   ANCHORAGE            AK

  KDIN-DT     29102   BEPEDT-20040412ABA    50   DES MOINES           IA

  KGFE-DT     53320   BEPEDT-20040803ABO    56   GRAND FORKS          ND

  KGTF-DT     25511   BEPEDT-20040618AAU    5    AGANA                GU

  KHET-DT     26431   BEPEDT-20040428AAM    18   HONOLULU             HI

  KMEB-DT     26428   BEPEDT-20040428AAL    30   WAILUKU              HI

  KMTP-DT     43095   BEPEDT-20040616AAG    33   SAN FRANCISCO        CA

  KOAB-DT     50588   BEPEDT-20040409ABL    11   BEND                 OR

  KRMJ-DT     14042   BEPEDT-20040608AAL    17   GRAND JUNCTION       CO

  KRSC-DT     57431   BEPEDT-20040610AAM    36   CLAREMORE            OK

  KSWE-DT     53318   BEPEDT-20040412ACW    51   WILLISTON            ND

  WABW-DT     23917   BEPEDT-20040603ABE    5    PELHAM               GA

  WACS-DT     23930   BEPEDT-20040603ABF    8    DAWSON               GA

  WCES-DT     23937   BEPEDT-20040603ABH    2    WRENS                GA

  WCLP-DT     23942   BEPEDT-20040603ABI    33   CHATSWORTH           GA

  WCML-DT     9917    BEPEDT-20040528ADQ    57   ALPENA               MI

  WCMU-DT     9908    BEPEDT-20040528ADP    56   MOUNT PLEASANT       MI

  WCMV-DT     9922    BEPEDT-20040528ADO    17   CADILLAC             MI

  WCMW-DT     9913    BEPEDT-20040528ADN    58   MANISTEE             MI

  WDCO-DT     23935   BEPEDT-20040603ABJ    7    COCHRAN              GA

  WDPB-DT     72335   BEPEDT-20040604ABJ    44   SEAFORD              DE

  WEBA-DT     61003   BEPEDT-20040601BGK    33   ALLENDALE            SC

  WEDY-DT     13595   BEPEDT-20040604ABH    39   NEW HAVEN            CT

  WEIU-DT     18301   BEPEDT-20040621ACP    50   CHARLESTON           IL

  WELU-DT     26602   BEPEDT-20040903ABH    34   AGUADILLA            PR

  WGTV-DT     23948   BEPEDT-20040603ABK    12   ATHENS               GA

  WILL-DT     68939   BEPEDT-20040726ACL    9    URBANA               IL

  WIPB-DT     3646    BEPEDT-20040804AFO    52   MUNCIE               IN

  WIPM-DT     53863   BEPEDT-20040712AAA    35   MAYAGUEZ             PR

  WJSP-DT     23918   BEPEDT-20040603ABM    23   COLUMBUS             GA

  WJWJ-DT     61007   BEPEDT-20040601BGL    44   BEAUFORT             SC

  WLAE-DT     18819   BEPEDT-20040629AAP    31   NEW ORLEANS          LA

  WLCB-DT     9881    BEPEDT-20040603ACD    46   LEESBURG             FL

  WMTJ-DT     2174    BEPEDT-20040804AAK    16   FAJARDO              PR

  WNEH-DT     60931   BEPEDT-20040601BGH    18   GREENWOOD            SC

  WNPE-DT     62137   BEPEDT-20040804AAP    23   NORWOOD              NY

  WPBS-DT     62136   BEPEDT-20040804AAQ    41   WATERTOWN            NY

  WPPB-DT     51349   BEPEDT-20040910AAQ    44   BOCA RATON           FL

  WQTO-DT     2175    BEPEDT-20040803ABM    25   PONCE                PR

  WRET-DT     61011   BEPEDT-20040601BGP    43   SPARTANBURG          SC

  WSBE-DT     56092   BEPEDT-20040628AAD    21   PROVIDENCE           RI

  WVAX-DT     23947   BEPEDT-20040603ABN    13   SAVANNAH             GA

  WXGA-DT     23929   BEPEDT-20040813AAE    9    WAYCROSS             GA
  ----------- ------- --------------------- ---- -------------------- ----

**APPENDIX B**

**Stations Admonished For Failure To Timely Construct**

  ----------- ------- --------------------- ---- -------------------- ----
  CALL        FAC ID  FILE NUMBER           CH   CITY                 ST

                                                                      

  KWDK-DT     35419   BEPEDT-20040709ACU    42   TACOMA               WA

  WYDN-DT     18783   BEPEDT-20040709ACW    47   WORCESTER            MA
  ----------- ------- --------------------- ---- -------------------- ----

[^1]: 47 C.F.R. § 73.624(d)(3)(iii). A complete list of stations is
    included in Appendix A.

[^2]: *See* Remedial Measures For Failure to Comply with Digital
    Television Construction Schedule*, Report and Order*, 18 FCC Rcd
    7174 (2003) (*Remedial R&O*).

[^3]: *See* Advanced Television Systems and Their Impact Upon the
    Existing Television Broadcast Service, 12 FCC Rcd 12809 (1997)
    (*Fifth Report and Order*).

[^4]: *See* 47 C.F.R. § 73.624(d)(3)(iii).

[^5]: *See* Review of the Commission's Rules and Policies Affecting the
    Conversion to Digital Television, 16 FCC Rcd 20594, 20610-12 (2001)
    (*DTV MO&O*).

[^6]: ^?^ *Id.*

[^7]: *See DTV Remedial R&O*, *supra*.