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Saturday, August 26, 2023

Is it possible for another group to assume responsibility for a granted construction permit that was never utilized and is now on the verge of expiring, with the intention of completing the construction?

The FCC allows the assignment of a construction permit to a different organization provided that at least 18 months have passed since the permit was initially granted. However, there’s an important caveat to consider: if the construction permit is assigned to a different organization, they will have only the remaining time from the original 3-year permit. Extensions are generally not permitted unless there are exceptional circumstances like a natural disaster or other events that qualify for tolling.

It’s crucial to be aware that the assignment process typically takes around 45 to 60 days to receive FCC approval. Therefore, there must be sufficient time remaining to secure the assignment grant, complete the transaction, and proceed with building the facility. If the intention is to construct the facility at a different location, a modification of the construction permit must be sought, and this can occur concurrently with the assignment process.

If the permit has only about 3 months left, pursuing an assignment may not be a feasible option.

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