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FCC Lifts Freeze on Maximization Applications and Petitions for Digital Channel Substitutions, Effective Immediately

Since 2004, a freeze has been in effect that prevents stations from seeking FCC approval to maximize facilities or change digital television (DTV) channels. Although the Federal Communications Commission (FCC) previously reported plans to lift the freeze in August, it announced in a May 30 public notice that it would lift the freeze early. Stations may file such applications effective immediately, and are encouraged to do so promptly. Stations also may file petitions for rulemaking for channel substitutions to the DTV Table at this time. The FCC will not, however, accept petitions for allotment of DTV channels for new stations, or for changes in community of license.

The FCC's public notice also reminds stations that have filed for further reconsideration in the DTV Table of Allotments Proceeding that they may now file applications for maximization if needed to obtain authorization for the facilities they sought in Docket 87-268. The FCC urges stations to "take this opportunity to file maximization applications, rather than rely on the pendency of their petitions for reconsideration to preserve their ability to maximize in the future."

The public notice released today also provides application processing guidelines. In addition, the FCC clarified the exact time of day for expiration of post-transition construction permits, extending the deadline for all permits to 11:59:59 p.m. on February 17, 2009.

More information is available in the public notice, or by calling Ann Bobeck or Erin Dozier, in NAB's Legal department at (202) 429-5430.


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