FAQ: I am on the air with a compliant facility, I have not filed a Form 319 yet and now my construction permit is expired. What can I do?
DISCLAIMER: The following should not be considered legal advice as REC does not retain any person who is licensed to practice law in any state. Any advice given is where-is with no warranty. By following this advice, you agree to hold REC harmless.
NOTE: THIS ANSWER RELATES TO ORIGINAL CONSTRUCTION PERMITS AND NOT MODIFICATIONS.
REC is aware of case law that may permit you to file a Form 319 as long as:
- It is within 30 days of the expiration of the permit.
- On the day of expiration, your compliant facility was on the air.
Please contact REC if you need a Form 319 filed applying the case law because of a recently expired construction permit. You can not use EZforms for this request.
Please note! If you file a 319 under this case law, your station must be on the air at the time of expiration. Filing a 319 for a station that is not constructed is considered misrepresentation intended to decieve the FCC and can impact your organization's fitness to be a Commission licensee. In other words, if you are issued a license, it can be revoked. You are also subject to forfeitures.
Also please note, that any time you were broadcasting after your CP expired may be seen by the Commission as unauthorized operation and subject to either a forfeiture (fine) or an admonishment (slap on the wrist) or they will just do nothing.
Also keep in mind that the FCC requires stations that have been constructed and running under Program Test Authority to file Form 319 within 10 days of construction completion. Requesting the license may put this into question if it has been more than 10 days since the station has been on the air and could subject you to forfeitures, admonishments or no enforcement action.
The moral of the story is to be truthful to the FCC, even if you may be in the wrong.
This is why it is very important to request an extension of your construction permit, two months prior to your expiration date. It can be done by e-mail with a postal mail follow-up.