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email: anthony @ radiotvlaw.net
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www.radiotvlaw.net

May 18th, 2020
Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
VIA FEDEX
RE: W241CW – Facility ID#203170 – BNPFT-20180418ACP (“Construction
Permit”) – Tolling Request
Dear Ms. Dortch:
I am writing on behalf of Turabo Radio Corporation (“TRC”), the permittee of
W241CW, Facility #203170, licensed to Caguas, PR, in connection with the above captioned
Construction Permit which was granted on May 14, 2018, to request tolling of the CP due to an
“Acts of God” as specified in 47 C.F.R. §73.3598(b)(i). As the Commission is aware, the
Governor of Puerto Rico on March 15, 20201 which ordered the closure of most businesses and
commercial activity within the commonwealth and instituting a curfew in response to COVID19, which continues to remain in place2. Preceding the lockdown, Puerto Rico was rocked by a
series of earthquakes that began on December 28, 2019 with a magnitude 4.7 and included a 6.4
magnitude on January 7, 2020 and a 5.9 magnitude on January 11, 2020 (see attached graphic
from USGS as Exhibit “B”) which had reversed any gains made in electrical infrastructure
availability.3 Puerto Rico’s infrastructure was already diminished because of the lingering
effects of Hurricane Maria which devastated the island of Puerto Rico on September 20, 2017 as
a Category 5 storm that remained over the island for over 30 hours, reducing the island’s
1

OE 2020-023 Executive Order of the Governor of Puerto Rico. The Order permits residents of the Commonwealth
to leave their homes between 5 am and 9 pm only for the following purposes:
- Purchasing food, pharmaceuticals, and basic necessity products;
- Keeping medical appointments or visiting a hospital, laboratory, or healthcare facility;
- Going to or coming from a workplace whose closure has not been ordered;
- Returning to a usual place of residence from an allowed activity;
- To provide assistance, care, transportation of senior citizens, children, dependents, people with disabilities or people who
require any type of medical or professional attention; or
- Visiting financial institutions.
2

Most recently extended and modified through May 25, 2020 by OE 2020-038.
The Commission recognized the grave issues faced in Puerto Rico as a result of the recent earthquakes in its Public
Notice DA 20-28, released January 7, 2020.
3

infrastructure to rubble. As is further common knowledge, the electrical infrastructure on the
island had been seriously damaged and disrupted by Hurricane Maria and resulted in a federal
oversight panel to monitor the island’s financial stability.
As a result of all of the foregoing issues, TRC has been unable to continue any work to
construct the facility authorized by the Construction Permit since March 15, 2020 and is
concerned that it will not be able to complete the work needed to commence licensed operations
by the May 14, 2021 expiry date of the Construction Permit.
Pursuant to Section 73.3598 of the Rules, the Commission has established procedures for
tolling, which include natural disasters and zoning/permitting issues. In addition to the express
circumstances described hereinabove that would qualify the instant Construction Permit for
tolling, there are a myriad number of additional issues which while not specifically articulated in
the Rule, further warrant grant of this tolling request (See 1998 Biennial Regulatory Review –
Streamlining of Mass Media Applications, Rules, and Processes; Policies and Rules Regarding
Minority and Female Ownership of Mass Media Facilities, M,O & O, MM Docket 98-43, 14
FCC Rcd 17525, 17541 (1999)(“Streamlining Order”). As part of the adoption of the three-year
construction period and associated tolling provisions, the Commission stated that:
“We realize that there may be rare and exceptional circumstances other than those
delineated here which would warrant the tolling of construction time, i.e. circumstances in
which, for reasons not discussed here, a permittee is prevented from completing construction
within three years for reasons beyond its control such that the permittee would be entitled to
tolling of the construction time under Section 319(b). In these very limited circumstances, we
will entertain request for waiver of our strict tolling provisions.”
Streamlining Order at 17541. The Commission has waived the three-year construction period
required by Section 73.3598 in acknowledgment of exceptional circumstances beyond a
licensee’s control. See Letter to Cary S. Tepper, Esq., In Re W216BI, Lexington, NC from Peter
H. Doyle, Chief, Audio Division, Media Bureau, dated April 8th, 2002 permitting tolling where
transmitter site was lost due to circumstances beyond permittee’s control. Both the applicable
provisions of Section 73.3598 described hereinabove together with the other circumstances
described which fall within the penumbras of the tolling provisions, demonstrate circumstances
beyond the control of TRC which currently prevent completion of construction associated with
the aforementioned Construction Permit.
Furthermore, 47 C.F.R. Section 1.3 permits waiver of any of the Commission’s rules
upon a showing of good cause and where the waiver will serve the public interest. See WAIT
Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) cert. denied, 409 U.S. 1027 (1972)). A
Declaration of TRC’s president attesting to the foregoing is attached hereto as Exhibit “A”.
For all of the foregoing reasons, TRC respectfully requests the tolling of BNPFT20180418ACP a minimum of six (6) months until such time that commercial activity including
construction of W241CW can presumably resume.

Of course, TRC will notify the Commission as soon as conditions permit resumption of
the work necessary to complete the Construction Permit.

Sincerely,

Anthony T. Lepore, Esq.
ATL:ms
Cc:

Victoria McCauley, Esq. (via email)
Rodolfo Bonacci (via email)

EXHIBIT “B”