FCC Rejects Appeal Of New Hampshire AM CP Expiration
September 2, 2008 at 11:33 AM (PT)
The FCC has denied a petition for reconsideration of its denial of the tolling of the construction permit for KOOR COMMUNICATIONS' WQTH-A/CLAREMONT, NH.
The station was granted the CP in 1997 and failed to build the facility by the expiration of its permit, which remained due in 2007 despite granting of a change of transmitter site and community of license in MARCH 2006. The Commission upheld a staff rejection of KOOR's arguments, including that the denial was a "taking" of property under the Fifth Amendment, that a waiver was appropriate due to NEW HAMPSHIRE's harsh winters, and that the complexity of the facility warranted additional time to build.