FAQ: Can we start building the station/tower even though the construction permit has not yet been granted?

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No.  That is considered "premature construction".  Premature construction is prohibited pursuant to Section 319(a) of the Communications Act.

However,  the FCC does tolerate certain activities prior to a construction permit grant, including:

  • Site clearance,
  • Pouring of concrete footings for a tower,
  • Installation of a tower base and anchors,
  • Installation of a new power line,
  • Purchase and on-site storage (but not installation) of radio equipment, and
  • other preliminary steps having no intrinsic broadcast use.

Pre-authorization construction of towers or installation of radio antennas, however, is strictly prohibited.  

 

Topics: 
LPFM enhancements and change applications
LPFM station planning and construction
LPFM during the filing window
Answer Date: 
Friday, August 4, 2023