Form FCC Form 337 FCC Form 337 Application for Extension of Time to Construct a Digital

Federal Communications Commission
Washington, D. C. 20554

Not Approved by OMB
3060-0407

INSTRUCTIONS FOR FCC 337
APPLICATION FOR EXTENSION OF TIME TO CONSTRUCT
A DIGITAL TELEVISION BROADCAST STATION
may sign the application for his or her client, but only in
cases of the applicant’s disability or absence from the
United States. If the application is filed electronically,
the signature will consist of the electronic equivalent of
the typed name of the individual. See Report and Order
in MM Docket No. 98-43. 13 FCC Rcd 23056, 23064
(1998), on reconsideration, 14 FCC Rcd 17525 (1999).

GENERAL INSTRUCTIONS
A.

This FCC Form is to be used by all permittees to apply
for an extension of time within which to construct a
commercial or noncommercial educational digital
television (DTV) broadcast station.
The DTV
construction timetable established by the Commission is
set forth in 47 C.F.R. Section 73.624(d)(1). FCC Form
337 should be filed at least 60 days, but no more than 90
days, prior to the applicable construction deadline. See
47 C.F.R. Section 73.624(d)(3).

QUESTION-BY-QUESTION INSTRUCTIONS
A.

B.

This FCC Form must be filed electronically. Paper
versions of FCC Form 337 will not be accepted for
filing, unless accompanied by an appropriate request for
waiver of the electronic filing requirement. Filers can
access the electronic filing system via the Internet from
the
Media
Bureau’s
Web
site
at:
http://www.fcc.gov/mb.

C.

Applicants should provide all information requested by
this application. If any portions of the application are not
applicable, the applicant should so state. Defective or
incomplete applications will be returned without
consideration. Inadvertently accepted applications are
also subject to dismissal.

D.

In accordance with 47 C.F.R. Section 1.65, applicants
have a continuing obligation to advise the Commission,
through amendments, of any substantial and material
changes in the information furnished in this application.
This requirement continues until the FCC action on this
application is no longer subject to reconsideration by the
Commission or review by any court.

E.

A copy of the completed application and all related
exhibits shall be made available for inspection by the
public in the applicant’s public inspection file pursuant
to 47 C.F.R. Sections 73.3526 or 73.3527, unless the
applicant requests confidentiality consistent with 47
C.F.R. Section 0.459.

F.

The applicant must sign the application. Depending
on the nature of the applicant, the application should be
signed as follows: if a sole proprietorship, personally; if
a partnership, by a general partner; if a corporation, by
an officer; for an unincorporated association, by a
member who is an officer; if a governmental entity, by
such duly elected or appointed official as is competent
under the laws of the particular jurisdiction. Counsel

All previous editions obsolete.

Item 1: Applicant Name. The legal name of the
applicant must be stated exactly in Item 1. If the
applicant is a corporation, the applicant should list the
exact corporate name; if a partnership, the name under
which the partnership does business; if an unincorporated
association, the name of an executive officer, his/her
office, and the name of the association; and, if an
individual applicant, the person’s full legal name.
Applicants should use only those state abbreviations
approved by the U.S. Postal Service.
FCC Registration Number (FRN). To comply with the
Debt Collection Improvement Act of 1996, the applicant
must enter its FRN number, a ten-digit unique entity
identifier for anyone doing business with the
Commission. The FRN can be obtained through the
FCC webpage at http://www.fcc.gov or by manually
submitting FCC Form 160. FCC Form 160 is available
for downloading from http://www.fcc.gov/formpage.
html or by calling 1-800-418-3676.
Questions
concerning the FCC Registration Number can be directed
to the Commission’s Registration System help desk at
http://[email protected] or by calling 1-877-4803201.
Facility ID Number. TV Facility ID Numbers can be
obtained at the FCC’s Internet Website at
www.fcc.gov/mb. Once at this website, scroll down and
select CDBS Public Access. You can also obtain your
TV Facility ID Number by calling (202) 418-1600.
Further, the Facility ID Number is now included on all
TV authorizations and postcards.

B.

Item 2: Contact Representative. If the applicant is
represented by a third party (for example, legal counsel),
that person’s name, firm or company, mailing address
and telephone/electronic mail address may be specified
in Item 2.

FCC 337 Instructions
Draft

C.

Item 3. Facility Information. This question asks the
applicant to specify:
(1) whether commercial or
noncommercial educational DTV operation is proposed;
and (2) the community to which the station will be
licensed.

D.

Item 4: Purpose of Application. This question asks
whether FCC Form 337 is being filed for additional time
within which to construct a new DTV station or to
modify the facilities authorized in an outstanding
construction permit. It also requires that the applicant
identify the permit covered.

E.

of the station. Such circumstances may include, for
example, where a station is awaiting Commission action
on an application for a DTV construction permit and
action is delayed for reasons beyond the station’s control
(e.g., obtaining required governmental approvals such as
FAA, Canadian and Mexican clearance) or where the
Commission’s action on the application is the subject of
a court appeal.
In addition, the Commission will continue to consider
other circumstances that are either unforeseeable or
beyond the station’s control. Such circumstances may
include, for example, acts of God, terrorism, and such
natural disasters as floods, tornadoes, hurricanes,
earthquakes and other calamities that are unforeseeable
events warranting additional time to construct.

Item 5: Reason for Delay in Construction. In the
Fifth Report and Order in MM Docket No. 87-268, 12
FCC Rcd 12809 (1997), on reconsideration, 13 FCC Rcd
6860 (1998), the Commission announced its willingness
to grant, on a case-by-case basis, an extension to the
applicable DTV construction deadline where a
broadcaster has been unable to complete construction
due to circumstances that are either unforeseeable or
beyond the permittee’s control, provided the broadcaster
has taken all reasonable steps to resolve the problem
expeditiously. The Commission also stated that it would
modify its existing policies regarding extensions, taking
into account problems encountered that are unique to the
DTV conversion.

In responding to this question, the applicant should attest
to the nature of the problem(s) preventing the timely
completion of construction and provide a detailed
explanation of the reason(s) requiring an additional time
to construct its station’s DTV facilities.
NOTE: Underlying documentation need not be filed
with FCC Form 337. However, such documentation
fully detailing and supporting the representations and
descriptions provided in response to question 5 and, if
applicable, question 6 below shall be kept at the station
for as long as the extension of time is in effect and shall
be made available upon request by the Commission.
With respect to a station’s claimed financial condition,
the applicant should have available an audited profit and
loss statement for its most recent fiscal year at the time
of the filing of FCC Form 337 or similar probative
financial documentation.

In the Report and Order in MB Docket No. 07-91, __
FCC Rcd __ (2007), the Commission adopted a stricter
standard for the grant of an extension of the applicable
DTV construction deadline.
See 47 C.F.R. §
73.624(d)(3) (2007).
First, stations may no longer obtain an extension because
of technical reasons, such as equipment delays. Second,
the Commission tightened the financial showing required
for an extension. While previously requiring a showing
that the cost of meeting the minimum build-out
requirements exceeded the station’s financial resources,
the Commission now requires a showing that the station
is (1) the subject of a bankruptcy or receivership
proceeding, or (2) experiencing severe financial
hardship, as defined by negative cash flow for the past
three years. In order to be considered for an extension
due to financial hardship, a station must: (1) submit
proof that they have filed for bankruptcy or that a
receiver has been appointed, or (2) submit an audited
financial statement for the previous three years. In
addition, the station must submit a schedule that outlines
the time period for the completion of construction. To
the extent that an applicant’s description of its financial
condition sets forth information that is proprietary and
not customarily disclosed to the public, the applicant
may request that the Commission treat the information as
confidential. See 47 C.F.R. Section 0.459.
The Commission will continue to consider extension
requests where the station is facing legal obstacles,
where resolution of the issue is truly beyond the control

2

F.

Item 6: Most Recent Construction Period. Where the
station had previously received an extension of time to
construct, the “most recent construction period” is the
period between the grant date and the expiration date of
the latest extension. This application for extension of
time will be evaluated according to the progress and
efforts made, or circumstances which occurred, during
the most recent construction period. See, Rainbow
Broadcasting Company, 11 FCC Rcd 1167 (1995).

G.

Item 7: Construction Completion Date. In accordance
with its station’s DTV construction plan, the applicant
should set forth the date by which it reasonably expects,
under its circumstances, to complete construction.
Pursuant to the Commission’s rules, the staff may grant
no more than two, six-month extensions of time to
construct DTV facilities. See 47 C.F.R. 73.624(d)(3).
Where the applicant is unable now to project its
anticipated construction completion date, it should
describe the reasonable, good faith measures it is and
will be taking to expeditiously resolve its incapacity to
construct the station’s DTV facilities.

H.

Item 8: Anti-Drug Abuse Act Certification. This
question requires the applicant to certify that neither it
nor any party to the application is subject to denial of
federal benefits pursuant to the Anti-Drug Act of 1988,
21 U.S.C. Section 862.
Section 5301 of the Anti-Drug Abuse Act of 1988
provides federal and state court judges the discretion to
deny federal benefits to individuals convicted of offenses
consisting of the distribution or possession of controlled
substances. Federal benefits within the scope of the
statute include FCC authorizations. A “Yes” response to
Item 8 constitutes a certification that neither the
applicant nor any party to this application has been
convicted of such an offense or, if it has, it is not
ineligible to receive the authorization sought by this
application because of Section 5301.
NOTE: With respect to this question, the term “party to
the application” includes if the applicant is an individual,
that individual; if the applicant is a corporation or
unincorporated association, all officers, directors, or
persons holding 5 percent or more of the outstanding
stock or shares (voting and/or non-voting) of the
applicant; all members if a membership association; and
if the applicant is a partnership, all general partners and
all limited partners, including both insulated and noninsulated limited partners, holding a 5 percent or more
interest in the partnership.

FCC NOTICE REQUIRED BY THE PAPERWORK
REDUCTION ACT
We have estimated that each response to this collection of
information will take 1 hour. Our estimate includes the time to
read the instructions, look through existing records, gather and
maintain the required data, and actually complete and review
the form or response. If you have any comments on this burden
estimate, or on how we can improve the collection and reduce
the burden that it causes you, please e-mail them to
[email protected] or send them to the Federal Communications
Commission, AMD-PERM, Paperwork Reduction Project
(3060-0407), Washington, DC 20554. Please DO NOT SEND
COMPLETED APPLICATIONS TO THIS ADDRESS.
Remember - you are not required to respond to a collection of
information sponsored by the Federal government, and the
government may not conduct or sponsor this collection, unless it
displays a currently valid OMB control number of if we fail to
provide you with this notice. This collection has been assigned
an OMB control number of 3060-0407.
THE FOREGOING NOTICE IS REQUIRED BY THE
PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13,
OCTOBER 1, 1995, 44 U.S.C. Section 3507.

3

Federal Communications Commission
Washington, D. C. 20554

Not Approved by OMB
3060-0407

FCC 337
APPLICATION FOR EXTENSION OF TIME
TO CONSTRUCT A DIGITAL TELEVISION
BROADCAST STATION

1.

FOR
FCC
USE
ONLY

FOR COMMISSION USE ONLY
FILE NO.

Legal Name of the Applicant

Mailing Address

2.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

FCC Registration Number

Facility Identifier

Call Sign

Contact Representative (if other than Applicant)

ZIP Code

Firm or Company Name

Mailing Address

3.

City

State or Country (if foreign address)

Telephone Number (include area code)

E-Mail Address (if available)

Facility Information.
a.

Commercial

Noncommercial Educational

b.

c. Community of License:

4.

ZIP Code

City

State

Purpose of Application. Applicant requests an extension of time in which to complete the construction authorized pursuant
to (check one):
a permit for a new DTV station

Permit No.

Expiration Date

a modification of a DTV construction permit

Permit No.

Expiration Date

FCC Form 337
Draft

5.

Applicant certifies that construction cannot be completed due to (check all that apply):
legal reasons beyond station's control (e.g., litigation, international coordination).
severe financial hardship (e.g., bankruptcy, negative cash flow).
other reasons (e.g., natural disasters).
Exhibit No. 1

Describe in an Exhibit the specific reason(s) requiring additional time to construct, including the steps
taken by the applicant to solve or mitigate the problem(s).
6.

Has the construction period for this station been previously extended?
a.

7.

No

Exhibit No. 2

Applicant requests that the time within which to complete construction be extended until:
a.

8.

If Yes, describe in an Exhibit the applicant's diligent efforts during the most recent construction
period to overcome the circumstance(s) preventing construction.

Yes

If applicant is not able to state now when construction is expected to be completed, describe in an
Exhibit the reasonable steps it is taking to resolve the problem(s) preventing timely construction.

Anti-Drug Abuse Act Certification. Applicant certifies that neither applicant nor any party to the
application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of
1988, 21 U.S.C. Section 862.

Exhibit No. 3

Yes

No

I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are made
in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive
any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of
the same, whether by license or otherwise, and request an authorization in accordance with this application. (See Section 304 of the
Communications Act of 1934, as amended.)
Typed or Printed Name of Person Signing

Typed or Printed Title of Person Signing

Signature

Date

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001),
AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)),
AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

FCC Form 337 (Page 2)
Draft