Subchapter C—Broadcast Radio Services

Home , 216 AM, 252 AM, FM broadcast band

SUBCHAPTER C—BROADCAST RADIO SERVICES

PARTS 70–72 [RESERVED] 73.151 Field strength measurements to establish performance of directional antennas. PART 73—RADIO BROADCAST 73.152 Modification of directional antenna SERVICES data. 73.153 Field strength measurements in sup- Subpart A—AM Broadcast Stations port of applications or evidence at hearings. Sec. 73.154 AM directional antenna partial proof 73.1 Scope. of performance measurements. 73.14 AM broadcast definitions. 73.155 Directional antenna performance recertification. 73.21 Classes of AM broadcast channels and 73.157 Antenna testing during daytime. stations. 73.158 Directional antenna monitoring 73.23 AM broadcast station applications af- points. fected by international agreements. 73.160 Vertical plane radiation characteris- 73.24 Broadcast facilities; showing required. tics, f(q). 73.25 Clear channels; Class A, Class B and 73.182 Engineering standards of allocation. Class D stations. 73.183 Groundwave signals. 73.26 Regional channels; Class B and Class D 73.184 Groundwave field strength graphs. stations. 73.185 Computation of interfering signal. 73.27 Local channels; Class C stations. 73.186 Establishment of effective field at 73.28 Assignment of stations to channels. one kilometer. 73.29 Class C stations on regional channels. 73.187 Limitation on daytime radiation. 73.30 Petition for authorization of an allot- 73.189 Minimum antenna heights or field ment in the 1605–1705 kHz band. strength requirements. 73.31 Rounding of nominal power specified 73.190 Engineering charts and related for- on applications. mulas. 73.33 Antenna systems; showing required. 73.35 Calculation of improvement factors. Subpart B—FM Broadcast Stations 73.37 Applications for broadcast facilities, showing required. 73.201 Numerical designation of FM broad- 73.44 AM transmission system emission lim- cast channels. itations. 73.202 Table of Allotments. 73.45 AM antenna systems. 73.203 Availability of channels. 73.49 AM transmission system fencing re- 73.204 International agreements and other quirements. restrictions on use of channels. 73.51 Determining operating power. 73.205 Zones. 73.207 Minimum distance separation be- 73.53 Requirements for authorization of an- tween stations. tenna monitors. 73.208 Reference points and distance com- 73.54 Antenna resistance and reactance putations. measurements. 73.209 Protection from interference. 73.57 Remote reading antenna and common 73.210 Station classes. point ammeters. 73.211 Power and antenna height require- 73.58 Indicating instruments. ments. 73.61 AM directional antenna field strength 73.212 Administrative changes in authoriza- measurements. tions. 73.62 Directional antenna system operation 73.213 Grandfathered short-spaced stations. and tolerances. 73.215 Contour protection for short-spaced 73.68 Sampling systems for antenna mon- assignments. itors. 73.220 Restrictions on use of channels. 73.69 Antenna monitors. 73.232 Territorial exclusivity. 73.72 Operating during the experimental pe- 73.239 Use of common antenna site. riod. 73.258 Indicating instruments. 73.88 Blanketing interference. 73.267 Determining operating power. 73.99 Presunrise service authorization 73.277 Permissible transmissions. (PSRA) and Postsunset service author- 73.293 Use of FM multiplex subcarriers. ization (PSSA). 73.295 FM subsidiary communications serv- 73.127 Use of multiplex transmission. ices. 73.128 AM stereophonic broadcasting. 73.297 FM stereophonic sound broadcasting. 73.132 Territorial exclusivity. 73.310 FM technical definitions. 73.150 Directional antenna systems. 73.311 Field strength contours.

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73.312 Topographic data. 73.615 Administrative changes in authoriza- 73.313 Prediction of coverage. tions. 73.314 Field strength measurements. 73.616 Post-transition DTV station inter- 73.315 FM transmitter location. ference protection. 73.316 FM antenna systems. 73.621 Noncommercial educational TV sta- 73.317 FM transmission system require- tions. ments. 73.622 Digital television table of allotments. 73.318 FM blanketing interference. 73.623 DTV applications and changes to 73.319 FM multiplex subcarrier technical DTV allotments. standards. 73.624 Digital television broadcast stations. 73.322 FM stereophonic sound transmission 73.625 DTV coverage of principal commu- standards. nity and antenna system. 73.333 Engineering charts. 73.626 DTV distributed transmission systems. Subpart C—Digital Audio Broadcasting 73.635 Use of common antenna site. 73.641 Subscription TV definitions. 73.401 Scope. 73.642 Subscription TV service. 73.402 Definitions. 73.643 Subscription TV operating require- 73.403 Digital audio broadcasting service re- ments. quirements. 73.644 Subscription TV transmission sys- 73.404 Interim hybrid IBOC DAB operation. tems. 73.646 Telecommunications Service on the Subpart D—Noncommercial Educational Vertical Blanking Interval and in the FM Broadcast Stations Visual Signal. 73.501 Channels available for assignment. 73.653 Operation of TV aural and visual 73.502 [Reserved] transmitters. 73.503 Licensing requirements and service. 73.658 Affiliation agreements and network 73.504 Channel assignments in the Mexican program practices; territorial exclusivity border area. in non-network program arrangements. 73.505 Zones. 73.659–73.663 [Reserved] 73.506 Classes of noncommercial edu- 73.664 Determining operating power. cational FM stations and channels. 73.665 Use of TV aural baseband subcarriers. 73.507 Minimum distance separations be- 73.667 TV subsidiary communications serv- tween stations. ices. 73.508 Standards of good engineering prac- 73.669 TV stereophonic aural and multiplex tice. subcarrier operation. 73.509 Prohibited overlap. 73.670 Commercial limits in children’s pro- 73.510 Antenna systems. grams. 73.511 Power and antenna height require- 73.671 Educational and informational pro- ments. gramming for children. 73.512 Special procedures applicable to Class 73.672 [Reserved] D noncommercial educational stations. 73.673 Public information initiatives regard- 73.513 Noncommercial educational FM sta- ing educational and informational pro- tions operating on unreserved channels. gramming for children. 73.514 Protection from interference. 73.681 Definitions. 73.515 NCE FM transmitter location. 73.682 TV transmission standards. 73.525 TV Channel 6 protection. 73.683 Field strength contours and presump- 73.558 Indicating instruments. tive determination of field strength at 73.561 Operating schedule; time sharing. individual locations. 73.567 Determining operating power. 73.684 Prediction of coverage. 73.593 Subsidiary communications services. 73.685 Transmitter location and antenna 73.597 FM stereophonic sound broadcasting. system. 73.599 NCE-FM engineering charts. 73.686 Field strength measurements. 73.687 Transmission system requirements. Subpart E—Television Broadcast Stations 73.688 Indicating instruments. 73.691 Visual modulation monitoring. 73.601 Scope of subpart. 73.698 Tables. 73.602 Cross reference to rules in other 73.699 TV engineering charts. parts. 73.603 Numerical designation of television Subpart F—International Broadcast Stations channels. 73.606 Table of allotments. 73.701 Definitions. 73.609 Zones. 73.702 Assignment and use of frequencies. 73.612 Protection from interference. 73.703 Geographical zones and areas of re- 73.613 Protection of Class A TV stations. ception. 73.614 Power and antenna height require- 73.712 Equipment tests. ments. 73.713 Program tests.

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73.731 Licensing requirements. 73.871 Amendment of LPFM broadcast sta- 73.732 Authorizations. tion applications. 73.733 Normal license period. 73.872 Selection procedure for mutually ex- 73.751 Operating power. clusive LPFM applications. 73.753 Antenna systems. 73.873 LPFM license period. 73.754 Frequency monitors. 73.875 Modification of transmission sys- 73.755 Modulation monitors. tems. 73.756 System specifications for double-side- 73.877 Station logs for LPFM stations. band (DBS) modulated emissions in the 73.878 Station inspections by FCC; avail- HF broadcasting service. ability to FCC of station logs and 73.757 System specifications for single-side- records. band (SSB) modulated emissions in the 73.879 Signal retransmission. HF broadcasting service. 73.881 Equal employment opportunities. 73.758 System specifications for digitally modulated emissions in the HF broad- Subpart H—Rules Applicable to All casting service. Broadcast Stations 73.759 Auxiliary transmitters. 73.760 Alternate main transmitters. 73.1001 Scope. 73.761 Modification of transmission sys- 73.1010 Cross reference to rules in other tems. parts. 73.762 Time of operation. 73.1015 Truthful written statements and responses to Commission inquiries and cor- 73.765 Determining operating power. respondence. 73.766 [Reserved] 73.1020 Station license period. 73.781 Logs. 73.1030 Notifications concerning inter- 73.782 Retention of logs. ference to radio astronomy, research and 73.787 Station identification. receiving installations. 73.788 Service; commercial or sponsored 73.1120 Station location. programs. 73.1125 Station telephone number. 73.1150 Transferring a station. Subpart G—Low Power FM Broadcast 73.1201 Station identification. Stations (LPFM) 73.1202 [Reserved] 73.1206 Broadcast of telephone conversa- 73.801 Broadcast regulations applicable to tions. LPFM stations. 73.1207 Rebroadcasts. 73.805 Availability of channels. 73.1208 Broadcast of taped, filmed, or re- 73.807 Minimum distance separation be- corded material. tween stations. 73.1209 References to time. 73.808 Distance computations. 73.1210 TV/FM dual-language broadcasting 73.809 Interference protection to full service in Puerto Rico. FM stations. 73.1211 Broadcast of lottery information. 73.810 Third adjacent channel interference. 73.1212 Sponsorship identification; list re- 73.811 LPFM power and antenna height retention; related requirements. quirements. 73.1213 Antenna structure, marking and 73.812 Rounding of power and antenna lighting. heights. 73.1215 Specifications for indicating instru- 73.813 Determination of antenna height ments. above average terrain (HAAT). 73.1216 Licensee-conducted contests. 73.816 Antennas. 73.1217 Broadcast hoaxes. 73.825 Protection to reception of TV chan- 73.1225 Station inspection by FCC. nel 6. 73.1226 Availability to FCC of station logs 73.827 Interference to the input signals of and records. FM translator or FM booster stations. 73.1250 Broadcasting emergency informa- 73.840 Operating power and mode toler- tion. ances. 73.1300 Unattended station operation. 73.845 Transmission system operation. 73.1350 Transmission system operation. 73.850 Operating schedule. 73.1400 Transmission system monitoring 73.853 Licensing requirements and service. and control. 73.854 Unlicensed operations. 73.1515 Special field test authorizations. 73.855 Ownership limits. 73.1520 Operation for tests and mainte- 73.858 Attribution of LPFM station inter- nance. ests. 73.1530 Portable test stations [Definition]. 73.860 Cross-ownership. 73.1540 Carrier frequency measurements. 73.865 Assignment and transfer of LPFM li- 73.1545 Carrier frequency departure toler- censes. ances. 73.870 Processing of LPFM broadcast sta- 73.1560 Operating power and mode toler- tion applications. ances.

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73.1570 Modulation levels: AM, FM, TV and 73.3525 Agreements for removing applica- Class A TV aural. tion conflicts. 73.1580 Transmission system inspections. 73.3526 Local public inspection file of com- 73.1590 Equipment performance measure- mercial stations. ments. 73.3527 Local public inspection file of non- 73.1610 Equipment tests. commercial educational stations. 73.1615 Operation during modification of fa- 73.3533 Application for construction permit cilities. or modification of construction permit. 73.1620 Program tests. 73.3534 [Reserved] 73.1635 Special temporary authorizations 73.3536 Application for license to cover con- (STA). struction permit. 73.1650 International agreements. 73.3537 Application for license to use former 73.1660 Acceptability of broadcast transmit- main antenna as an auxiliary. ters. 73.3538 Application to make changes in an 73.1665 Main transmitters. existing station. 73.1670 Auxiliary transmitters. 73.3539 Application for renewal of license. 73.1675 Auxiliary antennas. 73.3540 Application for voluntary assign- 73.1680 Emergency antennas. ment or transfer of control. 73.1690 Modification of transmission sys- 73.3541 Application for involuntary assign- tems. ment of license or transfer of control. 73.1692 [Reserved] 73.3542 Application for emergency author- 73.1695 Changes in transmission standards. ization. 73.1700 Broadcast day. 73.3543 Application for renewal or modifica- 73.1705 Time of operation. tion of special service authorization. 73.1710 Unlimited time. 73.3544 Application to obtain a modified sta- 73.1715 Share time. tion license. 73.1720 Daytime. 73.3545 Application for permit to deliver 73.1725 Limited time. programs to foreign stations. 73.1730 Specified hours. 73.3549 Requests for extension of time to op- 73.1735 AM station operation pre-sunrise erate without required monitors, indi- and post-sunset. cating instruments, and EAS encoders 73.1740 Minimum operating schedule. and decoders. 73.1745 Unauthorized operation. 73.3550 Requests for new or modified call 73.1750 Discontinuance of operation. sign assignments. 73.1800 General requirements related to the 73.3555 Multiple ownership. station log. 73.3556 Duplication of programming on com- 73.1820 Station log. monly owned or time brokered stations. 73.1835 Special technical records. 73.3561 Staff consideration of applications 73.1840 Retention of logs. requiring Commission action. 73.1870 Chief operators. 73.3562 Staff consideration of applications 73.1940 Legally qualified candidates for pub- not requiring action by the Commission. lic office. 73.3564 Acceptance of applications. 73.1941 Equal opportunities. 73.3566 Defective applications. 73.1942 Candidate rates. 73.3568 Dismissal of applications. 73.1943 Political file. 73.3571 Processing of AM broadcast station 73.1944 Reasonable access. applications. 73.2080 Equal employment opportunities 73.3572 Processing of TV broadcast, Class A (EEO). TV broadcast, low power TV, TV trans- 73.2090 Ban on discrimination in broadcast lators, and TV booster applications. transactions. 73.3573 Processing FM broadcast station ap- 73.3500 Application and report forms. plications. 73.3511 Applications required. 73.3574 Processing of international broad- 73.3512 Where to file; number of copies. cast station applications. 73.3513 Signing of applications. 73.3578 Amendments to applications for re- 73.3514 Content of applications. newal, assignment or transfer of control. 73.3516 Specification of facilities. 73.3580 Local public notice of filing of 73.3517 Contingent applications. broadcast applications. 73.3518 Inconsistent or conflicting applica- 73.3584 Procedure for filing petitions to tions. deny. 73.3519 Repetitious applications. 73.3587 Procedure for filing informal objec- 73.3520 Multiple applications. tions. 73.3521 Mutually exclusive applications for 73.3588 Dismissal of petitions to deny or low power television, television trans- withdrawal of informal objections. lators and television booster stations. 73.3589 Threats to file petitions to deny or 73.3522 Amendment of applications. informal objections. 73.3523 Dismissal of applications in renewal 73.3591 Grants without hearing. proceedings. 73.3592 Conditional grant.

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73.3593 Designation for hearing. 73.4154 Network/AM, FM station affiliation 73.3594 Local public notice of designation agreements. for hearing. 73.4157 Network signals which adversely af- 73.3597 Procedures on transfer and assign- fect affiliate broadcast service. ment applications. 73.4163 Noncommercial nature of edu- 73.3598 Period of construction. cational broadcast stations. 73.3601 Simultaneous modification and re- 73.4165 Obscene language. newal of license. 73.4170 Obscene broadcasts. 73.3603 Special waiver procedure relative to 73.4180 Payment disclosure: Payola, applications. plugola, kickbacks. 73.3605 Retention of applications in hearing 73.4185 Political broadcasting and tele- status after designation for hearing. casting, the law of. 73.3612 Annual employment report. 73.4190 Political candidate authorization 73.3613 Availability to FCC of station con- notice and sponsorship identification. tracts. 73.4195 Political advertising by UHF trans- 73.3615 Ownership reports. lators. 73.3617 Information available on the Inter- 73.4210 Procedure Manual: ‘‘The Public and net. Broadcasting’’. 73.3700 Post-incentive auction licensing and 73.4215 Program matter: Supplier identifica- operation. tion. 73.3701 Reimbursement under the Reim- 73.4242 Sponsorship identification rules, ap- bursement Expansion Act. plicability of. 73.3800 Full power television channel shar- 73.4246 Stereophonic pilot subcarrier use ing outside the incentive auction. during monophonic programming. 73.3801 Full power television simulcasting 73.4247 STV: Competing applications. during the ATSC 3.0 (Next Gen TV) tran- 73.4250 Subliminal perception. sition. 73.4255 Tax certificates: Issuance of. 73.3999 Enforcement of 18 U.S.C. 1464 (re- 73.4260 Teaser announcements. strictions on the transmission of obscene 73.4265 Telephone conversation broadcasts and indecent material). (network and like sources). 73.4000 Listing of FCC policies. 73.4266 Tender offer and proxy statements. 73.4005 Advertising—refusal to sell. 73.4267 Time brokerage. 73.4015 Applications for AM and FM con- 73.4275 Tone clusters; audio attention-get- struction permits, incomplete or defec- ting devices. tive. 73.4280 Character evaluation of broadcast 73.4017 Application processing: Commercial applicants. FM stations. 73.4045 Barter agreements. Subpart I—Procedures for Competitive Bid- 73.4050 Children’s TV programs. ding and for Applications for Non- 73.4055 Cigarette advertising. commercial Educational Broadcast 73.4060 Citizens agreements. Stations on Non-Reserved Channels 73.4075 Commercials, loud. 73.4082 Comparative broadcast hearings— 73.5000 Services subject to competitive bid- specialized programming formats. ding. 73.4091 Direct broadcast satellites. 73.5001 [Reserved] 73.4094 Dolby encoder. 73.5002 Application and certification proce- 73.4095 Drug lyrics. dures; return of mutually exclusive ap- 73.4097 EBS (now EAS) attention signals on plications not subject to competitive bid- automated programing systems. ding procedures; prohibition of collusion. 73.4099 Financial qualifications, certifi- 73.5003 Submission of full payments. cation of. 73.5004 [Reserved] 73.4100 Financial qualifications; new AM 73.5005 Filing of long-form applications. and FM stations. 73.5006 Filing of petitions to deny against 73.4101 Financial qualifications, TV sta- long-form applications. tions. 73.5007 Designated entity provisions. 73.4102 FAA communications, broadcast of. 73.5008 Definitions applicable for designated 73.4104 FM assignment policies and proce- entity provisions. dures. 73.5009 Assignment or transfer of control. 73.4107 FM broadcast assignments, increasing availability of. Subpart J—Class A Television Broadcast 73.4108 FM transmitter site map submis- Stations sions. 73.4110 Format changes of stations. 73.6000 Definitions. 73.4135 Interference to TV reception by FM 73.6001 Eligibility and service requirements. stations. 73.6002 Licensing requirements. 73.4140 Minority ownership; tax certificates 73.6003–73.6005 [Reserved] and distress sales. 73.6006 Channel assignments.

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73.6007 Power limitations. Subpart A—AM Broadcast Stations 73.6008 Distance computations. 73.6010 Class A TV station protected con- § 73.1 Scope. tour. 73.6012 Protection of Class A TV, low power This subpart contains those rules TV, and TV translator stations. which apply exclusively to the AM 73.6013 Protection of DTV stations. broadcast service and are in addition to 73.6014 Protection of digital Class A TV sta- those rules in Subpart H which are tions. common to all AM, FM and TV broad- 73.6017 Digital Class A TV station protec- cast services, commercial and non- tion of Class A TV and digital Class A TV commercial. stations. [47 FR 8587, Mar. 1, 1982] 73.6018 Digital Class A TV station protection of DTV stations. § 73.14 AM broadcast definitions. 73.6019 Digital Class A TV station protection of low power TV, TV translator, dig- AM broadcast band. The band of fre- ital low power TV and digital TV trans- quencies extending from 535 to 1705 lator stations. kHz. 73.6020 Protection of stations in the land AM broadcast channel. The band of mobile radio service. frequencies occupied by the carrier and 73.6022 Negotiated interference and reloca- the upper and lower sidebands of an tion agreements. AM broadcast signal with the carrier 73.6023 Distributed transmission systems. frequency at the center. Channels are 73.6024 Transmission standards and system designated by their assigned carrier requirements. frequencies. The 117 carrier frequencies 73.6025 Antenna system and station loca- assigned to AM broadcast stations tion. begin at 540 kHz and progress in 10 kHz 73.6026 Broadcast regulations applicable to steps to 1700 kHz. (See § 73.21 for the Class A television stations. classification of AM broadcast chan- 73.6027 Class A TV notifications concerning interference to radio astronomy, re- nels). search and receiving installations. AM broadcast station. A broadcast sta- 73.6028 Class A television channel sharing tion licensed for the dissemination of outside the incentive auction. radio communications intended to be 73.6029 Class A television simulcasting dur- received by the public and operated on ing the ATSC 3.0 (Next Gen TV) transi- a channel in the AM broadcast band. tion. Amplitude modulated stage. The radio- frequency stage to which the modu- Subpart K—Application and Selection Pro- lator is coupled and in which the car- cedures for Reserved Noncommercial rier wave is modulated in accordance Educational Channels, and for Certain with the system of amplitude modula- Applications for Noncommercial Edu- tion and the characteristics of the cational Stations on Non-Reserved modulating wave. Channels Amplitude modulator stage. The last amplifier stage of the modulating wave 73.7000 Definition of terms (as used in subpart K only). amplitude modulates a radio-frequency 73.7001 Services subject to evaluation by stage. point system. Antenna current. The radio-frequency 73.7002 Fair distribution of service on re- current in the antenna with no modu- served band FM channels. lation. 73.7003 Point system selection procedures. Antenna input power. The product of 73.7004 Petitions to deny tentative se- the square of the antenna current and lectee(s). the antenna resistance at the point 73.7005 Holding period. where the current is measured. Antenna resistance. The total resist- Subpart L—Incorporated Standards ance of the transmitting antenna system at the operating frequency and at 73.8000 Incorporation by reference. the point at which the antenna current ALPHABETICAL INDEX—PART 73 is measured. AUTHORITY: 47 U.S.C. 154, 155, 301, 303, 307, Auxiliary facility. An auxiliary facil- 309, 310, 334, 336, 339. ity is an AM antenna tower(s) separate

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from the main facility’s antenna Frequency departure. The amount of tower(s), permanently installed at the variation of a carrier frequency or cen- same site or at a different location, ter frequency from its assigned value. from which an AM station may broad- Incidental phase modulation. The peak cast for short periods without prior phase deviation (in radians) resulting Commission authorization or notice to from the process of amplitude modula- the Commission while the main facil- tion. ity is not in operation (e.g., where Input power. Means the product of the tower work necessitates turning off the direct voltage applied to the last radio main antenna or where lightning has stage and the total direct current flow- caused damage to the main antenna or ing to the last radio stage, measured transmission system) (See § 73.1675). without modulation. Blanketing. The interference which is Intermittent service area. Means the caused by the presence of an AM broad- area receiving service from the cast signal of one volt per meter (V/m) groundwave of a broadcast station but or greater strengths in the area adja- beyond the primary service area and cent to the antenna of the transmit- subject to some interference and fad- ting station. The 1 V/m contour is re- ing. ferred to as the blanket contour and Last radio stage. The radio-frequency the area within this contour is referred power amplifier stage which supplies to as the blanket area. power to the antenna. Carrier-amplitude regulation (Carrier Left (or right) signal. The electrical shift). The change in amplitude of the output of a microphone or combination carrier wave in an amplitude-modu- of microphones placed so as to convey lated transmitter when modulation is the intensity, time, and location of applied under conditions of symmet- sounds originated predominately to the rical modulation. listener’s left (or right) of the center of Combined audio harmonics. The arith- the performing area. metical sum of the amplitudes of all Left (or right) stereophonic channel. the separate harmonic components. The left (or right) signal as electrically Root sum square harmonic readings reproduced in reception of AM stereo- may be accepted under conditions pre- phonic broadcasts. scribed by the FCC. Main channel. The band of audio fre- Critical hours. The two hour period quencies from 50 to 10,000 Hz which am- immediately following local sunrise plitude modulates the carrier. and the two hour period immediately Maximum percentage of modulation. preceding local sunset. The greatest percentage of modulation Daytime. The period of time between that may be obtained by a transmitter local sunrise and local sunset. without producing in its output, Effective field; Effective field strength. harmonics of the modulating frequency The root-mean-square (RMS) value of in excess of those permitted by these the inverse distance fields at a distance regulations. (See § 73.1570) of 1 kilometer from the antenna in all Maximum rated carrier power. The directions in the horizontal plane. The maximum power at which the trans- term ‘‘field strength’’ is synonymous mitter can be operated satisfactorily with the term ‘‘field intensity’’ as con- and is determined by the design of the tained elsewhere in this Part. transmitter and the type and number Equipment performance measurements. of vacuum tubes or other amplifier de- The measurements performed to deter- vices used in the last radio stage. mine the overall performance charac- Model I facility. A station operating teristics of a broadcast transmission in the 1605–1705 kHz band featuring system from point of program origina- fulltime operation with stereo, com- tion to sampling of signal as radiated. petitive technical quality, 10 kW day- (See § 73.1590) time power, 1 kW nighttime power, Experimental period. the time between non-directional antenna (or a simple 12 midnight local time and local sun- directional antenna system), and sepa- rise, used by AM stations for tests, rated by 400–800 km from other co- maintenance and experimentation. channel stations.

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Model II facility. A station operating tionable interference or objectionable in the 535–1605 kHz band featuring fading. fulltime operation, competitive tech- Proof of performance measurements or nical quality, wide area daytime cov- antenna proof of performance measure- erage with nighttime coverage at least ments. The measurements of field 15% of the daytime coverage. strengths made to determine the radi- Modulation dependent carrier level ation pattern or characteristics of an (MDCL) control technologies. Trans- AM directional antenna system. mitter control techniques that vary ei- Secondary service area. Means the ther the carrier power level or both the service area of a broadcast station carrier and sideband power levels as a served by the skywave and not subject function of the modulation level. to objectionable interference and in Nighttime. The period of time between which the signal is subject to intermit- local sunset and local sunrise. tent variations in strength. Nominal power. The antenna input Stereophonic channel. The band of power less any power loss through a audio frequencies from 50 to 10,000 Hz dissipative network and, for directional containing the stereophonic informa- antennas, without consideration of ad- tion which modulates the radio fre- justments specified in paragraphs (b)(1) quency carrier. and (b)(2) of § 73.51 of the rules. How- Stereophonic crosstalk. An undesired ever, for AM broadcast applications signal occurring in the main channel granted or filed before June 3, 1985, from modulation of the stereophonic nominal power is specified in a system channel or that occurring in the of classifications which include the fol- stereophonic channel from modulation lowing values: 50 kW, 25 kW, 10 kW, 5 of the main channel. kW, 2.5 kW, 1 kW, 0.5 kW, and 0.25 kW. Stereophonic pilot tone. An audio tone The specified nominal power for any of fixed or variable frequency modu- station in this group of stations will be lating the carrier during the trans- retained until action is taken on or mission of stereophonic programs. after June 3, 1985, which involves a Stereophonic separation. The ratio of change in the technical facilities of the the electrical signal caused in the right station. (or left) stereophonic channel to the Percentage modulation (amplitude) electrical signal caused in the left (or In a positive direction: right) stereophonic channel by the transmission of only a right (or left) M = MAX¥C × 100 signal. ————––—––— Sunrise and sunset. For each par- c ticular location and during any par- In a negative direction: ticular month, the time of sunrise and sunset as specified in the instrument of M = C¥MIN × 100 authorization (See § 73.1209). ————–—––— White area. The area or population c which does not receive interference- Where: free primary service from an author- M = Modulation level in percent. ized AM station or does not receive a MAX = Instantaneous maximum level of the signal strength of at least 1 mV/m from modulated radio frequency envelope. an authorized FM station. MIN = Instantaneous minimum level of the modulated radio frequency envelope. [47 FR 8587, Mar. 1, 1982, as amended at 47 FR C = (Carrier) level of radio frequency enve- 13164, Mar. 29, 1982; 47 FR 13812, Apr. 1, 1982; lope without modulation. 50 FR 18821, May 2, 1985; 50 FR 47054, Nov. 14, 1985; 56 FR 64856, Dec. 12, 1991; 62 FR 51058, Plate modulation. The modulation Sept. 30, 1997; 66 FR 20755, Apr. 25, 2001; 81 FR produced by introduction of the modu- 2759, Jan. 19, 2016; 82 FR 57882, Dec. 8, 2017] lating wave into the plate circuit of any tube in which the carrier fre- § 73.21 Classes of AM broadcast chan- quency wave is present. nels and stations. Primary service area. Means the serv- (a) Clear channel. A clear channel is ice area of a broadcast station in which one on which stations are assigned to the groundwave is not subject to objec- serve wide areas. These stations are

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protected from objectionable inter- level as will comply with NARBA require- ference within their primary service ments for protection of stations in the Ba- areas and, depending on the class of hama Islands and the Dominican Republic station, their secondary service areas. against objectionable interference. Stations operating on these channels (c) Local channel. A local channel is are classified as follows: one on which stations operate unlim- (1) Class A station. A Class A station ited time and serve primarily a com- is an unlimited time station that oper- munity and the suburban and rural ates on a clear channel and is designed areas immediately contiguous thereto. to render primary and secondary serv- (1) Class C station. A Class C station is ice over an extended area and at rel- a station operating on a local channel atively long distances from its trans- and is designed to render service only mitter. Its primary service area is pro- over a primary service area that may tected from objectionable interference be reduced as a consequence of inter- from other stations on the same and ference in accordance with § 73.182. The adjacent channels, and its secondary power shall not be less than 0.25 kW, service area is protected from inter- nor more than 1 kW. Class C stations ference from other stations on the that are licensed to operate with 0.1 same channel. (See § 73.182). The oper- kW may continue to do so. ating power shall not be less than 10 kW nor more than 50 kW. (Also see [56 FR 64856, Dec. 12, 1991, as amended at 81 FR 2759, Jan. 19, 2016] § 73.25(a)). (2) Class B station. Class B stations § 73.23 AM broadcast station applica- are authorized to operate with a min- tions affected by international imum power of 0.25 kW (or, if less than agreements. 0.25 kW, an equivalent RMS antenna (a) Except as provided in paragraph field of at least 107.5 mV/m at 1 kilo- (b) of this section, no application for an meter) and a maximum power of 50 kW, AM station will be accepted for filing if or 10 kW for stations that are author- authorization of the facilities re- ized to operate in the 1605–1705 kHz quested would be inconsistent with band. international commitments of the (3) Class D station. A Class D station United States under treaties and other operates either daytime, limited time international agreements, arrange- or unlimited time with nighttime ments and understandings. (See list of power less than 0.25 kW and an equiva- such international instruments in lent RMS antenna field of less than § 73.1650(b)). Any such application that 107.5 mV/m at 1 kilometer. Class D sta- is inadvertently accepted for filing will tions shall operate with daytime pow- be dismissed. ers not less than 0.25 kW nor more than (b) AM applications that involve con- 50 kW. Nighttime operations of Class D flicts only with the North American stations are not afforded protection Regional Broadcasting Agreement and must protect all Class A and Class (NARBA), but that are in conformity B operations during nighttime hours. with the remaining treaties and other New Class D stations that had not been international agreements listed in previously licensed as Class B will not § 73.1650(b) and with the other require- be authorized. (b) Regional Channel. A regional ments of this part 73, will be granted channel is one on which Class B and subject to such modifications as the Class D stations may operate and serve FCC may subsequently find appro- primarily a principal center of popu- priate, taking international consider- lation and the rural area contiguous ations into account. thereto. (c) In the case of any application designated for hearing on issues other NOTE: Until the North American Regional than those related to consistency with Broadcasting Agreement (NARBA) is termi- international relationships and as to nated with respect to the Bahama Islands which no final decision has been ren- and the Dominican Republic, radiation toward those countries from a Class B station dered, whenever action under this sec- may not exceed the level that would be pro- tion becomes appropriate because of in- duced by an omnidirectional antenna with a consistency with international rela- transmitted power of 5 kW, or such lower tionships, the applicant involved shall,

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notwithstanding the provisions where the number of persons within §§ 73.3522 and 73.3571, be permitted to the 1 V/m contour is 300 or less the pro- amend its application to achieve con- visions of this paragraph are not appli- sistency with such relationships. In cable. such cases the provisions of § 73.3605(c) (h) That, in the case of an application will apply. for a Class B or Class D station on a (d) In some circumstances, special clear channel, the proposed station international considerations may re- would radiate, during two hours fol- quire that the FCC, in acting on appli- lowing local sunrise and two hours pre- cations, follow procedures different ceding local sunset, in any direction from those established for general use. toward the 0.1 mV/m groundwave con- In such cases, affected applicants will be informed of the procedures to be fol- tour of a co-channel United States lowed. Class A station, no more than the maximum value permitted under the provi- [56 FR 64856, Dec. 12, 1991] sions of § 73.187. (i) That, for all proposals for new sta- § 73.24 Broadcast facilities; showing required. tions, applications to modify a construction permit for an unlicensed sta- An authorization for a new AM tion, and all applications to change a broadcast station or increase in facilities of an existing station will be station’s community of license, the issued only after a satisfactory show- daytime 5 mV/m contour encompasses ing has been made in regard to the fol- the entire principal community to be lowing, among others: served. That, for all other applications (a) That the proposed assignment for modification of licensed stations, will tend to effect a fair, efficient, and the daytime 5 mV/m contour encom- equitable distribution of radio service passes either 50 percent of the area, or among the several states and commu- 50 percent of the population, of the nities. principal community to be served. (b) That a proposed new station (or a That, for all proposals for new stations proposed change in the facilities of an in the 535–1605 kHz band, applications authorized station) complies with the to modify a construction permit for an pertinent requirements of § 73.37 of this unlicensed station, or applications to chapter. change a station’s community of li- (c) That the applicant is financially cense, either 50 percent of the area, or qualified to construct and operate the 50 percent of the population of the proposed station. principal community is encompassed (d) That the applicant is legally by the nighttime 5 mV/m contour or qualified. That the applicant (or the the nighttime interference-free con- person or persons in control of an ap- tour, whichever value is higher. That, plicant corporation or other organiza- for stations in the 1605–1705 kHz band, tion) is of good character and possesses 50 percent of the principal community other qualifications sufficient to pro- is encompassed by the nighttime 5 mV/ vide a satisfactory public service. m contour or the nighttime inter- (e) That the technical equipment pro- ference-free contour, whichever value posed, the location of the transmitter, is higher. That Class D stations with and other technical phases of operation comply with the regulations governing nighttime authorizations need not the same, and the requirements of good demonstrate such coverage during engineering practice. nighttime operation. (f) That the facilities sought are sub- (j) That the public interest, conven- ject to assignment as requested under ience, and necessity will be served existing international agreements and through the operation under the pro- the rules and regulations of the Com- posed assignment. mission. [28 FR 13574, Dec. 14, 1963, as amended at 38 (g) That the population within the 1 FR 5874, Mar. 5, 1973; 49 FR 43960, Nov. 1, 1984; V/m contour does not exceed 1.0 per- 50 FR 40014, Oct. 1, 1985; 52 FR 11654, Apr. 10, cent of the population within the 25 1987; 53 FR 1031, Jan. 15, 1988; 56 FR 64857, mV/m contour: Provided, however, That Dec. 12, 1991; 81 FR 2759, Jan. 19, 2016]

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§ 73.25 Clear channels; Class A, Class B 1600, 1610, 1620, 1630, 1640, 1650, 1660, 1670, and Class D stations. 1680, 1690, and 1700 kHz. The frequencies in the following tab- (b) Additionally, in Alaska, Hawaii, ulations are designated as clear chan- Puerto Rico, and the U.S. Virgin Is- nels and assigned for use by the Classes lands the frequencies 1230, 1240, 1340, of stations given: 1400, 1450, and 1490 kHz are designated (a) On each of the following channels, as Regional channels, and are assigned one Class A station may be assigned, for use by Class B stations. Stations operating with power of 50 kW: 640, 650, formerly licensed to these channels in 660, 670, 700, 720, 750, 760, 770, 780, 820, those locations as Class C stations are 830, 840, 870, 880, 890, 1020, 1030, 1040, redesignated as Class B stations. 1100, 1120, 1160, 1180, 1200, and 1210 kHz. [56 FR 64857, Dec. 12, 1991] In Alaska, these frequencies can be used by Class A stations subject to the § 73.27 Local channels; Class C sta- conditions set forth in § 73.182(a)(1)(ii). tions. On the channels listed in this para- Within the conterminous 48 states, graph, Class B and Class D stations the following frequencies are des- may be assigned. ignated as local channels, and are as- (b) To each of the following channels signed for use by Class C stations: 1230, there may be assigned Class A, Class B 1240, 1340, 1400, 1450, and 1490 kHz. and Class D stations: 680, 710, 810, 850, 940, 1000, 1060, 1070, 1080, 1090, 1110, 1130, [56 FR 64857, Dec. 12, 1991] 1140, 1170, 1190, 1500, 1510, 1520, 1530, 1540, 1550, and 1560 kHz. § 73.28 Assignment of stations to channels. NOTE: Until superseded by a new agreement, protection of the Bahama Islands shall (a) The Commission will not make an be in accordance with NARBA. Accordingly, AM station assignment that does not a Class A, Class B or Class D station on 1540 conform with international require- kHz shall restrict its signal to a value no ments and restrictions on spectrum use greater than 5 μV/m groundwave or 25 μV/m- that the United States has accepted as 10% skywave at any point of land in the Ba- a signatory to treaties, conventions, hama Islands, and such stations operating nighttime (i.e., sunset to sunrise at the loca- and other international agreements. tion of the U.S. station) shall be located not See § 73.1650 for a list of pertinent trea- less than 650 miles from the nearest point of ties, conventions and agreements, and land in the Bahama Islands. § 73.23 for procedural provisions relating to compliance with them. (c) Class A, Class B and Class D stations may be assigned on 540, 690, 730, (b) Engineering standards now in 740, 800, 860, 900, 990, 1010, 1050, 1220, force domestically differ in some re- 1540, 1570, and 1580 kHz. spects from those specified for international purposes. The engineering [28 FR 13574, Dec. 14, 1963, as amended at 33 standards specified for international FR 4410, Mar. 12, 1968; 35 FR 18052, Nov. 25, purposes (see § 73.1650, International 1970; 47 FR 27862, June 28, 1982; 49 FR 43960, Agreements) will be used to determine: Nov. 1, 1984; 50 FR 24520, June 11, 1985; 52 FR 47568, Dec. 15, 1987; 53 FR 1031, Jan. 15, 1988; (1) The extent to which interference 54 FR 39736, Sept. 28, 1989; 56 FR 64857, Dec. might be caused by a proposed station 12, 1991] in the United States to a station in another country; and § 73.26 Regional channels; Class B and (2) whether the United States should Class D stations. register an objection to any new or (a) The following frequencies are des- changed assignment notified by an- ignated as regional channels and are other country. The domestic standards assigned for use by Class B and Class D in effect in the United States will be stations: 550, 560, 570, 580, 590, 600, 610, used to determine the extent to which 620, 630, 790, 910, 920, 930, 950, 960, 970, interference exists or would exist from 980, 1150, 1250, 1260, 1270, 1280, 1290, 1300, a foreign station where the value of 1310, 1320, 1330, 1350, 1360, 1370, 1380, 1390, such interference enters into a calcula- 1410, 1420, 1430, 1440, 1460, 1470, 1480, 1590, tion of:

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(i) The service to be rendered by a (4) When it has been determined that, proposed operation in the United in accordance with the above steps, no States; or channel is available for the subject sta- (ii) the permissible interfering signal tion, that station is no longer consid- from one station in the United States ered and the process continues to the to another United States station. station with the next lowest improvement factor. [28 FR 13574, Dec. 14, 1963, as amended at 29 FR 9499, July 11, 1964; 49 FR 32358, Aug. 14, (c) If awarded an allotment, a peti- 1984; 50 FR 18821, May 2, 1985; 54 FR 39736, tioner will have sixty (60) days from Sept. 28, 1989; 56 FR 64857, Dec. 12, 1991] the date of public notice of selection to file an application for construction § 73.29 Class C stations on regional permit on FCC Form 301. (See §§ 73.24 channels. and 73.37(e) for filing requirements). No license will be granted for the op- Unless instructed by the Commission eration of a Class C station on a re- to do otherwise, the application shall gional channel. specify Model I facilities. (See § 73.14). Upon grant of the application and sub- [ 56 FR 64857, Dec. 12, 1991] sequent construction of the authorized facility, the applicant must file a li- § 73.30 Petition for authorization of an cense application on FCC Form 302. allotment in the 1605–1705 kHz band. NOTE 1: Until further notice by the Com- (a) Any party interested in operating mission, the filing of these petitions is lim- an AM broadcast station on one of the ited to licensees of existing AM stations (excluding Class C stations) operating in the ten channels in the 1605–1705 kHz band 535–1605 kHz band. First priority will be as- must file a petition for the establish- signed to Class D stations located within the ment of an allotment to its community primary service contours of U.S. Class A sta- of license. Each petition must include tions that are licensed to serve communities the following information: of 100,000 or more for which there exists no (1) Name of community for which al- local fulltime aural service. lotment is sought; NOTE 2: Selection among competing peti- (2) Frequency and call letters of the tions will be based on interference reduction. Notwithstanding the exception contained in petitioner’s existing AM operation; and Note 5 of this section, within each oper- (3) Statement as to whether or not ational category, the station demonstrating AM stereo operation is proposed for the the highest value of improvement factor will operation in the 1605–1705 kHz band. be afforded the highest priority for an allot- (b) Petitions are to be filed during a ment, with the next priority assigned to the filing period to be determined by the station with next lowest value, and so on, Commission. For each filing period, eli- until available allotments are filled. NOTE 3: The Commission will periodically gible stations will be allotted channels evaluate the progress of the movement of based on the following steps: stations from the 535–1605 kHz band to the (1) Stations are ranked in descending 1605–1705 kHz band to determine whether the order according to the calculated im- 1605–1705 kHz band should continue to be ad- provement factor. ministered on an allotment basis or modified (2) The station with the highest im- to an assignment method. If appropriate, the provement factor is initially allotted Commission will later develop further proce- the lowest available channel. dures for use of the 1605–1705 kHz band by existing station licensees and others. (3) Successively, each station with NOTE 4: Other than the exception specified the next lowest improvement factor, is in note 1 of this section, existing fulltime allotted an available channel taking stations are considered first for selection as into account the possible frequency described in note 2 of this section. In the and location combinations and rela- event that an allotment availability exists tionship to previously selected allot- for which no fulltime station has filed a rel- ments. If a channel is not available for evant petition, such allotment may be the subject station, previous allot- awarded to a licensed Class D station. If more than one Class D station applies for ments are examined with respect to an this migration opportunity, the following alternate channel, the use of which priorities will be used in the selection proc- would make a channel available for the ess: First priority—a Class D station located subject station. within the 0.5 mV/m–50% contour of a U.S.

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Class A station and licensed to serve a com- § 73.33 Antenna systems; showing re- munity of 100,000 or more, for which there quired. exists no local fulltime aural service; Second priority—Class D stations ranked in order of (a) An application for authority to improvement factor, from highest to lowest, install a broadcast antenna shall speci- considering only those stations with im- fy a definite site and include full de- provement factors greater than zero. tails of the antenna design and ex- NOTE 5: The preference for AM stereo in pected performance. the expanded band will be administered as (b) All data necessary to show com- follows: when an allotment under consider- pliance with the terms and conditions ation (candidate allotment) conflicts with of the construction permit must be one or more previously selected allotments filed with the license application. If (established allotments) and cannot be ac- the station is using a directional an- commodated in the expanded band, the can- tenna, a proof of performance must didate allotment will be substituted for the also be filed. previously established allotment provided that: the petitioner for the candidate allot- [28 FR 13574, Dec. 14, 1963, as amended at 37 ment has made a written commitment to the FR 25840, Dec. 5, 1972] use of AM stereo and the petitioner for the § 73.35 Calculation of improvement established allotment has not; the difference factors. between the ranking factors associated with the candidate and established allotments A petition for an allotment (See does not exceed 10% of the ranking factor of § 73.30) in the 1605–1705 kHz band filed the candidate allotment; the substitution by an existing fulltime AM station li- will not require the displacement of more censed in the 535–1605 kHz band will be than one established allotment; and both the ranked according to the station’s cal- candidate allotment and the established al- culated improvement factor. (See lotment are within the same priority group. § 73.30). Improvement factors relate to [58 FR 27949, May 12, 1993] both nighttime and daytime interference conditions and are based on § 73.31 Rounding of nominal power two distinct considerations: (a) Service specified on applications. area lost by other stations due to interference caused by the subject sta- (a) An application filed with the FCC tion, and (b) service area of the subject for a new station or for an increase in station. These considerations are rep- power of an existing station shall resented by a ratio. The ratio consists, specify nominal power rounded to two where applicable, of two separate addi- significant figures as follows: tive components, one for nighttime and one for daytime. For the nighttime Rounded down to component, to determine the numer- Nominal power (kW) nearest ator of the ratio (first consideration), figure (kW) calculate the RSS and associated service area of the stations (co- and adja- Below 0.25 ...... 0.001 cent channel) to which the subject sta- 0.25 to 0.99 ...... 0.01 tion causes nighttime interference. 1 to 9.9 ...... 0.1 10 to 50 ...... 1 Next, repeat the RSS and service area calculations excluding the subject sta- (b) In rounding the nominal power in tion. The cumulative gain in the above accordance with paragraph (a) of this service area is the numerator of the ratio. The denominator (second consid- section the RMS shall be adjusted ac- eration) is the subject station’s inter- cordingly. If rounding upward to the ference-free service area. For the day- nearest figure would result in objec- time component, the composite tionable interference, the nominal amount of service lost by co-channel power specified on the application is to and adjacent channel stations, each be rounded downward to the next near- taken individually, that are affected by est figure and the RMS adjusted ac- the subject station, excluding the ef- cordingly. fects of other assignments during each [50 FR 18821, May 2, 1985, as amended at 53 study, will be used as the numerator of FR 1031, Jan. 15, 1988] the daytime improvement factor. The denominator will consist of the actual

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daytime service area (0.5 mV/m con- creasing daytime power, the provisions tour) less any area lost to interference of this paragraph shall not be con- from other assignments. The value of strued to permit an increase in power this combined ratio will constitute the to more than 500 watts, if prohibited petitioner’s improvement factor. Not- overlap would be involved, even if suc- withstanding the requirements of cessive applications should be ten- § 73.153, for uniform comparisons and dered. simplicity, measurement data will not (d) In addition to demonstrating be used for determining improvement compliance with paragraphs (a), and, as factors and FCC figure M-3 ground con- appropriate, (b), and (c) of this section, ductivity values are to be used exclu- an application for a new AM broadcast sively in accordance with the pertinent station, or for a major change (see provisions of § 73.183(c)(1). § 73.3571(a)(1)) in an authorized AM broadcast station, as a condition for its [56 FR 64858, Dec. 12, 1991] acceptance, shall make a satisfactory § 73.37 Applications for broadcast fa- showing, if new or modified nighttime cilities, showing required. operation by a Class B station is pro- (a) No application will be accepted posed, that objectionable interference for a new station if the proposed oper- will not result to an authorized sta- ation would involve overlap of signal tion, as determined pursuant to strength contours with any other sta- § 73.182(1). tion as set forth below in this para- (e) An application for an authoriza- graph; and no application will be action in the 1605–1705 kHz band which cepted for a change of the facilities of has been selected through the petition an existing station if the proposed process (See § 73.30) is not required to change would involve such overlap demonstrate compliance with para- where there is not already such overlap graph (a), (b), (c), or (d) of this section. between the stations involved: Instead, the applicant need only comply with the terms of the allotment au- Contour of thorization issued by the Commission proposed Frequency sepa- station Contour of any other station in response to the earlier petition for ration (kHz) (classes B, (mV/m) establishment of a station in the 1605– C and D) (mV/m) 1705 kHz band. Within the allotment authorization, the Commission will 0 ...... 0.005 0.100 (Class A). specify the assigned frequency and the 0.025 0.500(Other classes). 0.500 0.025 (All classes). applicable technical requirements. 10 ...... 0.250 0.500(All classes). (f) Stations on 1580, 1590 and 1600 kHz. 0.500 0.250 (All classes). In addition to the rules governing the 20 ...... 5 5 (All classes). authorization of facilities in the 535– 5 5 (All classes). 30 ...... 25 25 (All classes). 1605 kHz band, stations on these frequencies seeking facilities modifica- (b) In determining overlap received, tions must protect assignments in the an application for a new Class C sta- 1610–1700 kHz band. Such protection tion with daytime power of 250 watts, shall be afforded in a manner which or greater, shall be considered on the considers the spacings that occur or assumption that both the proposed op- exist between the subject station and a eration and all existing Class C sta- station within the range 1605–1700 kHz. tions operate with 250 watts and utilize The spacings are the same as those non-directional antennas. specified for stations in the frequency (c) If otherwise consistent with the band 1610–1700 kHz or the current sepa- public interest, an application request- ration distance, whichever is greater. ing an increase in the daytime power of Modifications that would result in a an existing Class C station on a local spacing or spacings that fails to meet channel from 250 watts to a maximum any of the separations must include a of 1kW, or from 100 watts to a max- showing that appropriate adjustment imum of 500 watts, may be granted not- has been made to the radiated signal withstanding overlap prohibited by which effectively results in a site-to- paragraph (a) of this section. In the site radiation that is equivalent to the case of a 100 watt Class C station in- radiation of a station with standard

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Model I facilities (10 kW-D, 1 kW-N, Emissions shall be measured using a non-DA, 90 degree antenna ht. & properly operated and suitable swept- ground system) operating in compli- frequency RF spectrum analyzer using ance with all of the above separation a peak hold duration of 10 minutes, no distances. In those cases where that ra- video filtering, and a 300 Hz resolution diation equivalence value is already ex- bandwidth, except that a wider resolu- ceeded, a station may continue to tion bandwidth may be employed above maintain, but not increase beyond that 11.5 kHz to detect transient emissions. level. Alternatively, other specialized receiv- NOTE 1: In the case of applications for ers or monitors with appropriate char- changes in the facilities of AM broadcast sta- acteristics may be used to determine tions covered by this section, an application compliance with the provisions of this will be accepted even though overlap of field section, provided that any disputes strength contours as mentioned in this sec- over measurement accuracy are re- tion would occur with another station in an solved in favor of measurements ob- area where such overlap does not already tained by using a calibrated spectrum exist, if: (1) The total area of overlap with that sta- analyzer adjusted as set forth above. tion would not be increased; (b) Emissions 10.2 kHz to 20 kHz re- (2) There would be no net increase in the moved from the carrier must be at- area of overlap with any other station; and tenuated at least 25 dB below the (3) There would be created no area of over- unmodulated carrier level, emissions 20 lap with any station with which overlap does kHz to 30 kHz removed from the carrier not now exist. must be attenuated at least 35 dB NOTE 2: The provisions of this section concerning prohibited overlap of field strength below the unmodulated carrier level, contours will not apply where: emissions 30 kHz to 60 kHz removed (1) The area of overlap lies entirely over from the carrier must be attenuated at sea water: or least [5 + 1 dB/kHz] below the (2) The only overlap involved would be that unmodulated carrier level, and emis- caused to a foreign station, in which case the sions between 60 kHz and 75 kHz of the provisions of the applicable international carrier frequency must be attenuated agreement, as identified in § 73.1650, will apply. When overlap would be received from at least 65 dB below the unmodulated a foreign station, the provisions of this sec- carrier level. Emissions removed by tion will apply, except where there would be more than 75 kHz must be attenuated overlap with a foreign station with a fre- at least 43 + 10 Log (Power in watts) or quency separation of 20 kHz, in which case 80 dB below the unmodulated carrier the provisions of the international agree- level, whichever is the lesser attenu- ment will apply in lieu of this section. ation, except for transmitters having NOTE 3: In determining the number of ‘‘authorized’’ aural transmission facilities in a power less than 158 watts, where the at- given community, applications for that com- tenuation must be at least 65 dB below munity in hearing or otherwise having pro- carrier level. tected status under specified ‘‘cut-off’’ proce- (c) Should harmful interference be dures shall be considered as existing sta- caused to the reception of other broad- tions. In the event that there are two or cast or non-broadcast stations by out more mutually exclusive protected applica- of band emissions, the licensee may be tions seeking authorization for the proposed directed to achieve a greater degree of community it will be assumed that only one is ‘‘authorized.’’ attentuation than specified in para- NOTE 4: A ‘‘transmission facility’’ for a graphs (a) and (b) of this section. community is a station licensed to the com- (d) Measurements to determine community. Such a station provides a ‘‘trans- pliance with this section for transmission service’’ for that community. mitter type acceptance are to be made [56 FR 64858, Dec. 12, 1991; 57 FR 43290, Sept. using signals sampled at the output 18, 1992] terminals of the transmitter when operating into an artificial antenna of § 73.44 AM transmission system emis- substantially zero reactance. Measure- sion limitations. ments made of the emissions of an op- (a) The emissions of stations in the erating station are to be made at AM service shall be attenuated in ac- ground level approximately 1 kilo- cordance with the requirements speci- meter from the center of the antenna fied in paragraph (b) of this section. system. When a directional antenna is

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used, the carrier frequency reference performance must be filed. See §§ 73.150 field strength to be used in order of through 73.157. preference shall be: (b) The simultaneous use of a com- (1) The measure non-directional field mon antenna or antenna structure by strength. more than one AM station or by a sta- (2) The RMS field strength deter- tion of any other type or service may mined from the measured directional be authorized provided: radiation pattern. (1) Engineering data are submitted (3) The calculated expected field showing that satisfactory operation of strength that would be radiated by a each station will be obtained without non-directional antenna at the station adversely affecting the operation of the authorized power. other station(s). (e) Licensees of stations complying (2) The minimum field strength for with the ANSI/EIA–549–1988, NRSC–1 each AM station complies with AM Preemphasis/Deemphasis and § 73.189(b). Broadcast Transmission Bandwidth (c) Should any changes be made or Specifications (NRSC–1), prior to June otherwise occur which would possibly 30, 1990 or from the original commence- alter the resistance of the antenna sys- ment of operation will, until June 30, tem, the licensee must commence the 1994, be considered to comply with determination of the operating power paragraphs (a) and (b) of this section, by a method described in § 73.51(a)(1) or absent any reason for the Commission (d). (If the changes are due to the addi- to believe otherwise. Such stations are tion of antennas to the AM tower, see waived from having to make the peri- § 1.30003.) Upon completion of any nec- odic measurements required in essary repairs or adjustments, or upon § 73.1590(a)(6) until June 30, 1994. How- completion of authorized construction ever, licensees must make measure- or modifications, the licensee must ments to determine compliance with make a new determination of the an- paragraphs (a) and (b) of this section tenna resistance using the procedures upon receipt of an Official Notice of described in § 73.54. Operating power Violation or a Notice of Apparent Li- should then be determined by a direct ability alleging noncompliance with method as described in § 73.51. Notifica- those provisions, or upon specific re- tion of the value of resistance of the quest by the Commission. antenna system must be filed with the [47 FR 8588, Mar. 1, 1982, as amended at 49 FR FCC in Washington, DC as follows: 3999, Feb. 1, 1984] (1) Whenever the measurements show that the antenna or common point re- § 73.45 AM antenna systems. sistance differs from that shown on the (a) All applicants for new, additional, station authorization by more than 2%, or different AM station facilities and FCC Form 302 must be filed with the all licensees requesting authority to information and measurement data change the transmitting system site of specified in § 73.54(d). an existing station must specify an an- (2) Whenever AM stations use direct tenna system, the efficiency of which reading power meters pursuant to complies with the requirements for the § 73.51, a letter notification to the FCC class and power of station. (See §§ 73.186 in Washington, DC, Attention: Audio and 73.189.) Division, Media Bureau, must be filed (1) An application for authority to in- in accordance with § 73.54(e). stall an AM broadcast antenna must [43 FR 53735, Nov. 17, 1978, as amended at 45 specify a definite site and include full FR 28141, Apr. 28, 1980; 47 FR 8589, Mar. 1, details of the antenna system design 1982; 50 FR 32416, Aug. 12, 1985; 51 FR 2707; and expected performance. Jan. 21, 1986; 51 FR 26250, July 22, 1986; 63 FR (2) All data necessary to show com- 33875, June 22, 1998; 67 FR 13231, Mar. 21, 2002; pliance with the terms and conditions 78 FR 66298, Nov. 5, 2013] of the construction permit must be filed with the application for the sta- § 73.49 AM transmission system fenc- tion license to cover the construction. ing requirements. If the station has constructed a direc- Antenna towers having radio fre- tional antenna, a directional proof of quency potential at the base (series

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fed, folded unipole, and insulated base antenna input power shall be deter- antennas) must be enclosed within ef- mined at the input terminals of the fective locked fences or other enclo- dissipative network. sures. Ready access must be provided (ii) Where the authorized antenna to each antenna tower base for meter input power is less than the nominal reading and maintenance purposes at power, subject to the conditions set all times. However, individual tower forth in paragraph (c) of this section, fences need not be installed if the tow- the transmitter may be operated at the ers are contained within a protective reduced power level necessary to sup- property fence. ply the authorized antenna input [51 FR 2707, Jan. 21, 1986] power. (c) Applications for authority to op- § 73.51 Determining operating power. erate with antenna input power which (a) Except in those circumstances de- is less than nominal power and/or to scribed in paragraph (d) of this section, employ a dissipative network in the the operating power shall be deter- antenna system shall be made on FCC mined by the direct method. The direct Form 302. The technical information method consists of either: supplied on section II-A of this form (1) using a suitable instrument for shall be that applying to the proposed determining the antenna’s input power conditions of operation. In addition, directly from the RF voltage, RF cur- the following information shall be fur- rent, and phase angle; or nished, as pertinent: (2) calculating the product of the li- (1) Full details of any network em- censed antenna or common point re- ployed for the purpose of dissipating sistance at the operating frequency radio frequency energy otherwise deliv- (see § 73.54), and the square of the indi- ered to the antenna (see § 73.54). cated unmodulated antenna current at (2) A showing that the transmitter that frequency, measured at the point has been type accepted or notified for where the resistance has been deter- operation at the proposed power output mined. level, or, in lieu thereof: (b) The authorized antenna input (i) A full description of the means by power for each station shall be equal to which transmitter output power will be the nominal power for such station, reduced. with the following exceptions: (ii) Where the proposed transmitter (1) For stations with nominal powers power output level(s) is less than 90% of 5 kW, or less, the authorized antenna of the rated power of the transmitter, input power to directional antennas equipment performance measurements shall exceed the nominal power by 8 must be made to confirm that the sta- percent. tion transmissions conform to the (2) For stations with nominal powers emission limitation specified in § 73.44, in excess of 5 kW, the authorized an- under all conditions of program oper- tenna input power to directional anten- ation. nas shall exceed the nominal power by (iii) A showing that, at the proposed 5.3 percent. power output level, means are provided (3) In specific cases, it may be nec- for varying the transmitter output essary to limit the radiated field to a within a tolerance of ±10 percent, to level below that which would result if compensate for variations in line volt- normal power were delivered to the an- age or other factors which may affect tenna. In such cases, excess power may the power output level. be dissipated in the antenna feed cir- (d) When it is not possible or appro- cuit, the transmitter may be operated priate to use the direct method of with power output at a level which is power determination due to technical less than the rated carrier power, or a reasons, the indirect method of deter- combination of the two methods may mining operating power (see para- be used, subject to the conditions given graphs (e) and (f) of this section) may in paragraph (c) of this section. be used on a temporary basis. A nota- (i) Where a dissipative network is tion must be made in the station log employed, the authorized antenna cur- indicating the dates of commencement rent and resistance, and the authorized and termination of measurement using

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the indirect method of power deter- Fac- Method of Maximum rated carrier Class of mination. tor(F) modulation power amplifier (e) The antenna input power is deter- 0.70 Plate ...... 1 kW or less ...... mined indirectly by applying an appro- .80 Plate ...... 2.5 kW and over ...... 35 Low level ..... 0.25 kW and over ...... B priate factor to the input power to the .65 Low level ..... 0.25 kW and over ...... BC1 last radio-frequency power amplifier .35 Grid ...... 0.25 kW and over ...... stage of the transmitter, using the fol- 1 All linear amplifier operation where efficiency approaches lowing formula: that of class C operation. Where: [37 FR 7516, Apr. 15, 1972, as amended at 42 × × FR 36827, July 18, 1977; 42 FR 61863, Dec. 7, Antenna input power = Ep Ip F 1977; 44 FR 36036, June 20, 1979; 47 FR 28387, Ep = DC input voltage of final radio stage. June 30, 1982; 48 FR 38477, Aug. 24, 1983; 48 FR 44805, Sept. 30, 1983; 49 FR 3999, Feb. 1, 1984; Ip = Total DC input current of final radio 49 FR 4210, Feb. 3, 1984; 49 FR 49850, Dec. 24, stage. 1984; 50 FR 24521, June 11, 1985; 52 FR 10570, F= Efficiency factor. Apr. 2, 1987; 83 FR 48963, Sept. 28, 2018] (1) If the above formula is not appro- § 73.53 Requirements for authorization priate for the design of the transmitter of antenna monitors. final amplifier, use a formula specified by the transmitter manufacturer with (a) Antenna monitors shall be approved with Supplier’s Declaration of other appropriate operating param- Conformity that demonstrates compli- eters. ance with the technical requirements (2) The value of F applicable to each in this section. The procedure for Sup- mode of operation must be determined plier’s Declaration of Conformity is and a record kept thereof with a nota- specified in subpart J of part 2 of this tion as to its derivation. This factor is chapter. to be established by one of the methods NOTE 1 TO PARAGRAPH (a): The verification described in paragraph (f) of this sec- procedure has been replaced by Supplier’s tion and retained in the station Declaration of Conformity. Antenna mon- records. itors previously authorized under subpart J of part 2 of this chapter may remain in use. (f) The value of F is to be determined See § 2.950 of this chapter. by one of the following procedures list- (b) An antenna monitor shall meet ed in order of preference: the following specifications: (1) If the station had previously been (1) The monitor shall be designed to authorized and operating by deter- operate in the 535–1705 kHz band. mining the antenna input power by the (2) The monitor shall be capable of direct method, the factor F is the ratio indicating any phase difference be- of the antenna input power (deter- tween two RF voltages of the same fre- mined by the direct method) to the cor- quency over a range of from 0 to 360°. responding final radio frequency power (3) The monitor shall be capable of amplifier input power. indicating the relative amplitude of (2) If a station has not been pre- two RF voltages. viously in regular operation with the (4) The device used to indicate phase differences shall indicate in degrees, power authorized for the period of indi- and shall be graduated in increments of rect power determination, if a new 2°, or less. If a digital indicator is pro- transmitter has been installed, or if, vided, the smallest increment shall be for any other reason, the determina- 0.5°, or less. tion of the factor F by the method de- (5) The device used to indicate rel- scribed in paragraph (f)(1) of this sec- ative amplitudes shall be graduated in tion is impracticable: increments which are 1 percent, or less, (i) The factor F as shown in the of the full scale value. If a digital indi- transmitter manufacturer’s test re- cator is provided, the smallest incre- port, if such a test report specifies a ment shall be 0.1 percent, or less, of the unique value of F for the power level full scale value. and frequently used; or (6) The monitor shall be equipped (ii) The value determined by ref- with means, if necessary, to resolve erence to the following table: ambiguities in indication.

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(7) If the monitor is provided with to 1:1, and ±2°, or better, for signal am- more than one RF input terminal in plitude ratios in excess of 2:1 and up to addition to a reference input terminal, 5:1. appropriate switching shall be provided (ii) The repeatability of indication of in the monitor so that the signal at any difference in the phases of the ap- each of these RF inputs may be se- plied signals shall be ±1°, or better. lected separately for comparison with (iii) The accuracy with which the rel- the reference input signal. ative amplitudes of the applied signals (8) Each RF input of the monitor is indicated, over a range in which the shall provide a termination of such ratio of these amplitudes is between 2:1 characteristics that, when connected and 1:1, shall be ±2 percent of the am- to a sampling line of an impedance plitude ratio, or better, and for ampli- specified by the manufacturer the volt- tude ratios in excess of 2:1 and up to age reflection coefficient shall be 3 per- 5:1, ±5 percent of the ratio, or better. cent or less. (iv) The repeatability of indication of (9) The monitor, if intended for use the relative amplitudes of the applied by stations operating directional an- signals, over a range where the ratio of tenna systems by remote control, shall these amplitudes is between 5:1 and 1:1, be designed so that the switching func- shall be ±2 percent of the amplitude tions required by paragraph (b)(7) of ratio, or better. this section may be performed from a (v) The modulation of the RF signals point external to the monitor, and by a sinusoidal wave of any frequency phase and amplitude indications be between 100 and 10,000 Hz, at any ampli- provided by external meters. The indi- tude up to 90 percent shall cause no de- cations of external meters furnished by viation in an indicated phase difference the manufacturer shall meet the speci- from its value, as determined without fications for accuracy and repeat- modulation, greater than ±0.5°. ability of the monitor itself, and the (12) The performance specifications connection of these meters to the mon- set forth in paragraph (b)(11) of this itor, or of other indicating instruments section, shall be met when the monitor with electrical characteristics meeting is operated and tested under the fol- the specifications of the monitor man- lowing conditions. ufacturer shall not affect adversely the (i) After continuous operation for 1 performance of the monitor in any re- hour, the monitor shall be calibrated spect. and adjusted in accordance with the (10) Complete and correct schematic manufacturer’s instructions. diagrams and operating instructions (ii) The monitor shall be subjected to shall be retained by the party respon- variations in ambient temperature be- sible for Supplier’s Declaration of Con- tween the limits of 10 and 40 °C; exter- formity of the equipment and sub- nal meters furnished by the manufac- mitted to the FCC upon request. For turer will be subjected to variations be- the purpose of equipment authoriza- tween 15 and 30 °C. tion, these diagrams and instructions (iii) Powerline supply voltage shall shall be considered as part of the mon- be varied over a range of from 10 per- itor. cent below to 10 percent above the (11) When an RF signal of an ampli- rated supply voltage. tude within a range specified by the (iv) The amplitude of the reference manufacturer is applied to the ref- signal shall be varied over the oper- erence RF input terminal of the mon- ating range specified by the manufac- itor, and another RF signal of the same turer, and in any case over a range of frequency and of equal or lower ampli- maximum to minimum values of 3 to 1. tude is applied to any other selected (v) The amplitude of the comparison RF input terminal, indications shall be signal shall be varied from a value provided meeting the following speci- which is 0.2 of the amplitude of the ref- fications. erence signal to a value which is equal (i) The accuracy with which any dif- in amplitude to the reference signal. ference in the phases of the applied sig- (vi) Accuracy shall be determined for nals is indicated shall be ±1°, or better, the most adverse combination of condi- for signal amplitude ratios of from 2:1 tions set forth above.

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(vii) Repeatability shall be deter- reau, when determining power by the mined as that which may be achieved direct method pursuant to § 73.51. The under the specified test conditions over letter must specify the antenna or a period of 7 days, during which no common point resistance at the oper- calibration or adjustment of the inating frequency. The following infor- strument, subsequent to the initial mation must also be kept on file at the calibration, shall be made. station: (viii) The effects of modulation of the (1) A full description of the method RF signal shall be separately deter- used to make measurements. mined, and shall not be included in es- (2) A schematic diagram showing tablishing values for accuracy and re- clearly all components of coupling cir- peatability. cuits, the point of resistance measure- NOTE 1 TO PARAGRAPH (b): In paragraph ment, the location of the antenna am- (b)(1) of this section, the requirement that meter, connections to and characteris- monitors be capable of operation in the 535– tics of all tower lighting isolation cir- 1705 kHz band shall apply only to equipment manufactured after July 1, 1992. Use of a cuits, static drains, and any other fix- monitor in the 1605–1705 kHz band which is tures connected to and supported by not approved for such operation will be per- the antenna, including other antennas mitted pending the general availability of and associated networks. Any network 535–1705 kHz band monitors if a manufac- or circuit component used to dissipate turer can demonstrate, in the interim, that its monitor performs in accordance with the radio frequency power shall be specifi- standards in this section on these 10 chan- cally identified, and the impedances of nels. all components which control the level (Secs. 4, 5, 303, 48 Stat., as amended, 1066, of power dissipation, and the effective 1068, 1082 (47 U.S.C. 154, 155, 303)) input resistance of the network must be indicated. [38 FR 1917, Jan. 19, 1973, as amended at 49 FR 3999, Feb. 1, 1984; 49 FR 29069, July 18, (d) AM stations using direct reading 1984; 50 FR 32416, Aug. 12, 1985; 50 FR 47054, power meters in accordance with Nov. 14, 1985; 51 FR 2707, Jan. 21, 1986; 56 FR § 73.51, can either submit the informa- 64859, Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992; tion required by paragraph (c) of this 60 FR 55480, Nov. 1, 1995; 63 FR 36604, July 7, section or submit a statement indi- 1998; 66 FR 20755, Apr. 25, 2001; 82 FR 50835, cating that such a meter is being used. Nov. 2, 2017] Subsequent station licenses will indi- § 73.54 Antenna resistance and react- cate the use of a direct reading power ance measurements. meter in lieu of the antenna resistance (a) The resistance of an value in such a situation. omnidirectional series fed antenna is [66 FR 20755, Apr. 25, 2001,as amended at 67 measured at either the base of the an- FR 13231, Mar. 21, 2002] tenna without intervening coupling or tuning networks, or at the point the § 73.57 Remote reading antenna and transmission line connects to the out- common point ammeters. put terminals of the transmitter. The Remote reading antenna and com- resistance of a shunt excited antenna mon point ammeters may be used with- may be measured at the point the radio out further authority according to the frequency energy is transferred to the following conditions: feed wire circuit or at the output terminals of the transmitter. (a) Remote reading antenna or com- (b) The resistance and reactance of a mon point ammeters may be provided directional antenna shall be measured by: at the point of common radiofrequency (1) Inserting second radio frequency input to the directional antenna sys- current sensing device directly in the tem after the antenna has been finally antenna circuit with remote leads to adjusted for the required radiation pat- the indicating instruments. tern. (2) Inductive coupling to radio fre- (c) A letter of notification must be quency current sensing device for pro- filed with the FCC in Washington, DC, viding direct current to indicating in- Attention: Audio Division, Media Bu- strument.

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(3) Capacity coupling to radio fre- method using alternative procedures as quency current sensing device for pro- described in § 73.51. viding direct current to indicating in- [41 FR 36817, Sept. 1, 1976, as amended at 48 strument. FR 38477, Aug. 24, 1983; 49 FR 49850, Dec. 24, (4) Current transformer connected to 1984; 50 FR 32416, Aug. 12, 1985; 60 FR 55480, radio frequency current sensing device Nov. 1, 1995] for providing direct current to indicating instrument. § 73.58 Indicating instruments. (5) Using transmission line current (a) Each AM broadcast station must meter at transmitter as remote reading be equipped with indicating instru- ammeter. See paragraph (c) of this sec- ments which conform with the speci- tion. fications described in § 73.1215 for deter- (6) Using the indications of the an- mining power by the direct and indi- tenna (phase) monitor, provided that rect methods, and with such other in- when the monitor is used to obtain re- struments as are necessary for the mote reading indication of non-direc- proper adjustment, operation, and tional antenna base current, the mon- maintenance of the transmitting sys- itor calibration can be independently tem. However, auxiliary transmitters made and maintained for each mode of with a nominal power rating of 100 operation. watts or less are not required to be (b) Devices used for obtaining remote equipped with instruments to deter- reading antenna or common point cur- mine power by the indirect method rent indications, except antenna mon- provided that the licensee can deter- itor coupling elements, shall be located mine the antenna input power at all at the same point as, but below (trans- times. mitter side) the associated main am- (b) Since it is usually impractical to meter. measure the actual antenna current of (c) In the case of shunt-excited an- a shunt excited antenna system, the tennas, the transmission line current current measured at the input of the meter at the transmitter may be con- excitation circuit feed line is accepted sidered as the remote antenna amme- as the antenna current. ter provided the transmission line is (c) The function of each instrument terminated directly into the excitation shall be clearly and permanently circuit feed line, which shall employ shown on the instrument itself or on series tuning only (no shunt circuits of the panel immediately adjacent there- any type shall be employed) and inso- to. far as practicable, the type and scale of (d) In the event that any one of these the transmission line meter should be indicating instruments becomes defec- the same as those of the excitation cir- tive when no substitute which con- cuit feed line meter (meter in slant forms with the required specifications wire feed line or equivalent). is available, the station may be oper- (d) Each remote reading ammeter ated without the defective instrument shall be accurate to within 2 percent of pending its repair or replacement for a the value read on its corresponding period not in excess of 60 days without regular ammeter. further authority of the Commission. If (e) All remote reading ammeters the defective instrument is the an- shall conform with the specifications tenna current meter of a nondirec- for regular antenna ammeters. tional station which does not employ a (f) Meters with arbitrary scale divi- remote antenna ammeter, or if the de- sions may be used provided that cali- fective instrument is the common bration charts or curves are provided point meter of a station which employs at the transmitter control point show- a directional antenna and does not em- ing the relationship between the arbi- ploy a remote common point meter, trary scales and the reading of the the operating power shall be deter- main meters. mined by a method described in (g) If a malfunction affects the re- § 73.51(a)(1) or § 73.51(d) during the en- mote reading indicators of the antenna tire time the station is operated with- or common point ammeter, the oper- out the antenna current meter or com- ating power may be determined by a mon point meter. However, if a remote

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meter is employed and the antenna tion that the antenna is not operating current ammeter or common point as authorized. meter becomes defective, the remote [50 FR 47054, Nov. 14, 1985, as amended at 73 meter can be used to determine oper- FR 64560, Oct. 30, 2008] ating power pending the return to service of the regular meter. § 73.62 Directional antenna system op- (e) If conditions beyond the control eration and tolerances. of the licensee prevent the restoration (a) Each AM station operating a di- of the meter to service within the rectional antenna must maintain the above allowed period, information re- relative amplitudes of the antenna cur- quested in accordance with § 73.3549 rents, as indicated by the antenna may be filed by letter with the FCC in monitor, within 5% of the values speci- Washington, DC, Attention: Audio Di- fied on the instrument of authoriza- vision, Media Bureau, to request addition. Directional antenna relative tional time as may be required to com- phases must be maintained within 3 de- plete repairs of the defective instru- grees of the values specified on the in- ment. strument of authorization. [41 FR 36817, Sept. 1, 1976, as amended at 48 (b) In the event of a failure of system FR 38477, Aug. 24, 1983; 49 FR 49850, Dec. 24, components, improper pattern switch- 1984; 50 FR 32416, Aug. 12, 1985; 51 FR 2707, ing or any other event that results in Jan. 21, 1986; 53 FR 2498, Jan. 28, 1988; 63 FR operation substantially at variance 33876, June 22, 1998; 66 FR 20755, Apr. 25, 2001; from the radiation pattern specified in 67 FR 13231, Mar. 21, 2002] the instrument of authorization for the pertinent time of day, operation must § 73.61 AM directional antenna field strength measurements. be terminated within three minutes unless power can be reduced suffi- (a) Each AM station using a direc- ciently to eliminate any excessive radi- tional antenna with monitoring point ation. See § 73.1350(e). locations specified in the instrument of (1) Any variation of operating param- authorization must make field eters by more than ±15 percent sample strength measurements as often as nec- current ratio or ±10 degrees in phase, essary to ensure that the field at each any monitor point that exceeds 125 per- of those points does not exceed the cent of the licensed limit, or any oper- value specified in the station author- ation at variance that results in com- ization. Additionally, stations not hav- plaints of interference shall be consid- ing an approved sampling system must ered operation substantially at vari- make the measurements once each cal- ance from the license and will require endar quarter at intervals not exceed- immediate corrective action. ing 120 days. The provision of this para- (2) [Reserved] graph supersedes any schedule specified (c) In the event of minor variations on a station license issued prior to Jan- of directional antenna operating pa- uary 1, 1986. The results of the meas- rameters from the tolerances specified urements are to be entered into the in paragraph (a) of this section, the fol- station log pursuant to the provisions lowing procedures will apply: of § 73.1820. (1) The licensee shall measure and log (b) If the AM license was granted on every monitoring point at least once the basis of field strength measure- for each mode of directional operation. ments performed pursuant to § 73.151(a), Subsequent variations in operating pa- partial proof of performance measure- rameters will require the remeasuring ments using the procedures described and logging of every monitoring point in § 73.154 must be made whenever the to assure that the authorized moni- licensee has reason to believe that the toring point limits are not being ex- radiated field may be exceeding the ceeded. The licensee will be permitted limits for which the station was most 24 hours to accomplish these actions; recently authorized to operate. provided that, the date and time of the (c) A station may be directed to failure to maintain proper operating make a partial proof of performance by parameters have been recorded in the the FCC whenever there is an indica- station log.

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(2) Provided each monitoring point is curate and stable signals to the mon- within its specified limit, operation itor (e.g., rigidly mounted and non-ro- may continue for a period up to 30 days tatable loops and all system compo- before a request for Special Temporary nents protected from physical and en- Authority (STA) must be filed, pursu- vironmental disturbances). ant to paragraph (c)(4) of this section, (2) Sampling lines for directional an- to operate with parameters at variance tennas may be of different lengths pro- from the provisions of paragraph (a) of vided the phase difference of signals at this section. the monitor are less than 0.5 degrees (3) If any monitoring point exceeds between the shortest and longest cable its specified limit, the licensee must ei- lengths due to temperature variations ther terminate operation within three to which the system is exposed. hours or reduce power in accordance (3) Other configurations of sampling with the applicable provisions of systems may be used upon demonstra- § 73.1350(d), in order to eliminate any tion of stable operation to the FCC. possibility of interference or excessive (b) An AM station permittee author- radiation in any direction. ized to construct a directional antenna (4) If operation pursuant to para- system which will be subject to a proof graph (c)(3) of this section is necessary, of performance based on moment meth- or before the 30-day period specified in od modeling, as described in § 73.151(c), paragraph (c)(2) of this § expires, the licensee must request a Special Tem- shall install a sampling system con- porary Authority (STA) in accordance forming to the requirements set forth with section 73.1635 to continue oper- in that section. ation with parameters at variance and/ (c) A station having an antenna sam- or with reduced power along with a pling system constructed according to statement certifying that all moni- the specifications given in paragraph toring points will be continuously (a) of this section may obtain approval maintained within their specified lim- of that system by submitting an infor- its. mal letter request to the FCC in Wash- (d) In any other situation in which it ington, DC, Attention: Audio Division, might reasonably be anticipated that Media Bureau. The request for ap- the operating parameters might vary proval, signed by the licensee or au- out of tolerance (such as planned array thorized representative, must contain repairs or adjustment and proofing pro- sufficient information to show that the cedures), the licensee shall, before such sampling system is in compliance with activity is undertaken, obtain a Spe- all requirements of paragraph (a) of cial Temporary Authority (STA) in ac- this section. cordance with § 73.1635 in order to oper- NOTE TO PARAGRAPH (c): A public notice ate with parameters at variance and/or dated December 9, 1985 giving additional in- with reduced power as required to formation on approval of antenna sampling maintain all monitoring points within systems is available through the Internet at their specified limits. http://www.fcc.gov/mb/audio/decdoc/letter/1985- 12-09-sample.html. [72 FR 44422, Aug. 8, 2007] (d) In the event that the antenna § 73.68 Sampling systems for antenna monitor sampling system is tempo- monitors. rarily out of service for repair or re- (a) Each AM station permittee au- placement, the station may be oper- thorized to construct a new directional ated, pending completion of repairs or antenna system which will be subject replacement, for a period not exceeding to a proof of performance based on field 120 days without further authority strength measurements, as described in from the FCC if all other operating pa- § 73.151(a) or (b), must install the sam- rameters and the field monitoring pling system in accordance with the point values are within the limits spec- following specifications: ified on the station authorization. (1) Devices used to extract or sample (e) If the antenna sampling system is the current and the transmission line modified or components of the sam- connecting the sampling elements to pling system are replaced, the fol- the antenna monitor must provide ac- lowing procedure shall be followed:

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(1) Special Temporary Authority (see EDITORIAL NOTE: For FEDERAL REGISTER ci- § 73.1635) shall be requested and ob- tations affecting § 73.68, see the List of CFR tained from the Commission’s Audio Sections Affected, which appears in the Finding Aids section of the printed volume Division, Media Bureau in Washington and at www.govinfo.gov. to operate with parameters at variance with licensed values pending issuance § 73.69 Antenna monitors. of a modified license specifying param- (a) Each station using a directional eters subsequent to modification or re- antenna must have in operation at the placement of components. transmitter site an FCC authorized an- (2) Immediately prior to modification tenna monitor. or replacement of components of the (b) In the event that the antenna sampling system, and after a monitor sampling system is tempo- verification that all monitoring point rarily out of service for repair or re- values and operating parameters are placement, the station may be oper- within the limits or tolerances speci- ated, pending completion of repairs or fied in the rules, the following indica- replacement, for a period not exceeding tions must be recorded for each radi- 120 days without further authority ation pattern: Final plate current and from the FCC if all other operating pa- plate voltage, common point current, rameters, and the field monitoring antenna monitor phase and current in- point values are within the limits spec- dications, and the field strength at ified on the station authorization. each monitoring point. Subsequent to (c) If conditions beyond the control these modifications or changes the proof the licensee prevent the restoration cedure must be repeated. of the monitor to service within the al- (3) If monitoring point field strengths lowed period, an informal letter re- or antenna monitor parameters exceed quest in accordance with § 73.3549 of the allowable limits following the replace- Commission’s rules must be filed with ment or modification of that portion of the FCC, Attention: Audio Division, the sampling system above the base of Media Bureau in Washington, DC for the towers, a partial proof of perform- such additional time as may be re- ance shall be executed in accordance quired to complete repairs of the defec- with § 73.154 . The partial proof of per- tive instrument. formance shall be accompanied by (d) If an authorized antenna monitor common point impedance measure- is replaced by another antenna mon- ments made in accordance with § 73.54. itor, the following procedure shall be (4) Request for modification of li- followed: cense shall be submitted to the FCC in (1) Temporary authority shall be re- Washington, DC, within 30 days of the quested and obtained from the Com- date of sampling system modification mission in Washington to operate with or replacement. Such request shall parameters at variance with licensed specify the transmitter plate voltage values, pending issuance of a modified and plate current, common point cur- license specifying new parameters. rent, base currents and their ratios, an- (2) Immediately before the replace- tenna monitor phase and current indi- ment of the antenna monitor, after a cations, and all other data obtained verification that all monitoring point pursuant to this paragraph. values and the common point current reading are within the limits or toler- (f) If an existing sampling system is ances specified in the rules, the fol- found to be patently of marginal con- lowing indications must be recorded for struction, or where the performance of each radiation pattern: Final plate cur- a directional antenna is found to be un- rent and plate voltage, common point satisfactory, and this deficiency rea- current, antenna monitor phase and sonably may be attributed, in whole or current indications, and the field in part, to inadequacies in the antenna strength at each monitoring point. monitoring system, the FCC may re- (3) With the new monitor substituted quire the reconstruction of the sam- for the old, all indications specified in pling system in accordance with re- paragraph (d)(2) of this section, again quirements specified above. must be read. If no change has occurred [41 FR 7405, Feb. 18, 1976] in the indication for any parameter

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other than the indications of the an- (c) The licensee of an AM station tenna monitor, the new antenna mon- shall operate or refrain from operating itor indications must be deemed to be its station during the experimental pe- those reflecting correct array adjust- riod as directed by the FCC to facili- ments. tate frequency measurements or for (4) If it cannot be established by the the determination of interference. observations required in paragraph (d)(2) of this section that the common [43 FR 32780, July 28, 1978, as amended at 56 point current reading and the moni- FR 64859, Dec. 12, 1991] toring point values are within the tol- § 73.88 Blanketing interference. erances or limits prescribed by the rules and the instrument of authoriza- The licensee of each broadcast station, or if the substitution of the new tion is required to satisfy all reason- antenna monitor for the old results in able complaints of blanketing inter- changes in these parameters, a partial ference within the 1 V/m contour. proof of performance shall be executed NOTE: For more detailed instructions con- and analyzed in accordance with cerning operational responsibilities of licens- § 73.154. ees and permittees under this section, see (5) An informal letter request for § 73.318 (b), (c) and (d). modification of license shall be submitted to the FCC, Attention: Audio [28 FR 13574, Dec. 14, 1963, as amended at 56 FR 64859, Dec. 12, 1991] Division, Media Bureau in Washington, DC within 30 days of the date of mon- § 73.99 Presunrise service authoriza- itor replacement. Such request shall tion (PSRA) and postsunset service specify the make, type, and serial num- authorization (PSSA). ber of the replacement monitor, phase and sample current indications, and (a) To provide maximum uniformity other data obtained pursuant to this in early morning operation compatible paragraph (d). with interference considerations, and (e) The antenna monitor must be to provide for additional service during calibrated according to the manufac- early evening hours for Class D sta- turer’s instructions as often as nec- tions, provisions are made for essary to ensure its proper operation. presunrise service and postsunset service. The permissible power for [38 FR 1918, Jan. 19, 1973] presunrise or postsunset service au- EDITORIAL NOTE: For FEDERAL REGISTER ci- thorizations shall not exceed 500 watts, tations affecting § 73.69, see the List of CFR or the authorized daytime or critical Sections Affected, which appears in the hours power (whichever is less). Cal- Finding Aids section of the printed volume culation of the permissible power shall and at www.govinfo.gov. consider only co-channel stations for § 73.72 Operating during the experi- interference protection purposes. mental period. (b) Presunrise service authorizations (PSRA) permit: (a) An AM station may operate dur- (1) Class D stations operating on ing the experimental period (the time between midnight and sunrise, local Mexican, Bahamian, and Canadian pri- time) on its assigned frequency and ority Class A clear channels to com- with its authorized power for the rou- mence PSRA operation at 6 a.m. local tine testing and maintenance of its time and to continue such operation transmitting system, and for con- until the sunrise times specified in ducting experimentation under an ex- their basic instruments of authoriza- perimental authorization, provided no tion. interference is caused to other stations (2) Class D stations situated outside maintaining a regular operating sched- 0.5 mV/m-50% skywave contours of co- ule within such period. channel U.S. Class A stations to com- (b) No station licensed for ‘‘daytime’’ mence PSRA operation at 6 a.m. local or ‘‘specified hours’’ of operation may time and to continue such operation broadcast any regular or scheduled pro- until sunrise times specified in their gram during this period. basic instruments of authorization.

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(3) Class D stations located within (1) Class D stations located on Mexi- co-channel 0.5 mV/m-50% skywave con- can, Bahamian, and Canadian priority tours of U.S. Class A stations, to com- Class A clear channels to commence mence PSRA operation either at 6 a.m. PSSA operation at sunset times speci- local time, or at sunrise at the nearest fied in their basic instruments of au- Class A station located east of the thorization and to continue for two Class D station (whichever is later), hours after such specified times. and to continue such operation until (2) Class D stations situated outside the sunrise times specified in their 0.5 mV/m-50% skywave contours of co- basic instruments of authorization. channel U.S. Class A stations to com- (4) Class B and Class D stations on re- mence PSSA operations at sunset gional channels to commence PSRA times specified in their basic instru- operation at 6 a.m. local time and to ments of authorization and to continue continue such operation until local for two hours after such specified sunrise times specified in their basic times. instruments of authorization. (3) Class D stations located within (c) Extended Daylight Saving Time co-channel 0.5 mV/m-50% skywave con- Pre-Sunrise Authorizations: tours of U.S. Class A stations to com- (1) Between the first Sunday in April mence PSSA operation at sunset times and the end of the month of April, specified in their basic instruments of Class D stations will be permitted to authorization and to continue such op- conduct pre-sunrise operation begin- eration until two hours past such spec- ning at 6 a.m. local time with a max- ified times, or until sunset at the near- imum power of 500 watts (not to exceed est Class A station located west of the the station’s regular daytime or crit- Class D station, whichever is earlier. ical hours power), reduced as necessary Class D stations located west of the to comply with the following require- Class A station do not qualify for ments: PSSA operation. (i) Full protection is to be provided (4) Class D stations on regional chan- as specified in applicable international nels to commence PSSA operation at agreements. sunset times specified on their basic in- (ii) Protection is to be provided to struments of authorization and to con- the 0.5 mV/m groundwave signals of co- tinue such operation until two hours channel U.S. Class A stations; protec- past such specified times. tion to the 0.5 mV/m-50% skywave con- (e) Procedural Matters. (1) Applica- tours of these stations is not required. tions for PSRA and PSSA operation (iii) In determining the protection to are not required. Instead, the FCC will be provided, the effect of each inter- calculate the periods of such operation fering signal will be evaluated sepa- and the power to be used pursuant to rately. The presence of interference the provisions of this section and the from other stations will not reduce or protection requirements contained in eliminate the required protection. applicable international agreements. (iv) Notwithstanding the require- Licensees will be notified of permis- ments of paragraph (c)(1) (ii) and (iii) sible power and times of operation. of this section, the stations will be per- Presunrise and Postsunset service au- mitted to operate with a minimum thority permits operation on a sec- power of 10 watts unless a lower power ondary basis and does not confer li- is required by international agreement. cense rights. No request for such au- (2) The Commission will issue appro- thority need be filed. However, stations priate authorizations to Class D sta- intending to operate PSRA or PSSA tions not previously eligible to operate shall submit by letter, signed as speci- during this period. Class D stations au- fied in § 73.3513, the following informa- thorized to operate during this tion: presunrise period may continue to op- (i) Licensee name, station call letters erate under their current authoriza- and station location, tion. (ii) Indication as to whether PSRA (d) Postsunset service authorizations operation, PSSA operation, or both, is (PSSA) permit: intended by the station,

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(iii) A description of the method (5) Class D stations on regional chan- whereby any necessary power reduc- nels operating PSSA beyond 6 p.m. tion will be achieved. local time are required to fully protect (2) Upon submission of the required U.S. Class B stations. information, such operation may begin (6) The protection that Class D sta- without further authority. tions on regional channels are required (f) Technical criteria. Calculations to to provide when operating PSSA until determine whether there is objection- 6 p.m. local time is as follows. able interference will be determined in (i) For the first half-hour of PSSA accordance with the AM Broadcast operation, protection will be calculated Technical Standards, §§ 73.182 through at sunset plus 30 minutes at the site of 73.190, and applicable international the Class D station; agreements. Calculations will be per- (ii) For the second half-hour of PSSA formed using daytime antenna sys- operation, protection will be calculated tems, or critical hours antenna sys- at sunset plus one hour at the site of tems when specified on the license. In the Class D station; performing calculations to determine (iii) For the second hour of PSSA op- assigned power and times for com- eration, protection will be calculated mencement of PSRA and PSSA oper- at sunset plus two hours at the site of ation, the following standards and cri- the Class D station; teria will be used: (iv) Minimum powers during the pe- (1) Class D stations operating in ac- riod until 6 p.m. local time shall be cordance with paragraphs (b)(1), (b)(2), permitted as follows: (d)(1), and (d)(2) of this section are re- Calculated power Adjusted minimum power quired to protect the nighttime 0.5 mV/ m-50% skywave contours of co-channel From 1 to 45 watts ...... 50 watts. Above 45 to 70 watts ...... 75 watts. Class A stations. Where a 0.5 mV/m-50% Above 70 to 100 watts ...... 100 watts. skywave signal from the Class A station is not produced, the 0.5 mV/m (7) For protection purposes, the groundwave contour shall be protected. nighttime 25% RSS limit will be used (2) Class D stations are required to in the determination of maximum per- fully protect foreign Class B and Class missible power. C stations when operating PSRA and (g) Calculations made under para- PSSA; Class D stations operating graph (d) of this section may not take PSSA are required to fully protect U.S. outstanding PSRA or PSSA operations Class B stations. For purposes of deter- into account, nor will the grant of a mining protection, the nighttime RSS PSRA or PSSA confer any degree of in- limit will be used in the determination terference protection on the holder of maximum permissible power. thereof. (3) Class D stations operating in ac- (h) Operation under a PSRA or PSSA cordance with paragraphs (d)(2) and is not mandatory, and will not be in- (d)(3) of this section are required to re- cluded in determining compliance with strict maximum 10% skywave radi- the requirements of § 73.1740. To the ex- ation at any point on the daytime 0.1 tent actually undertaken, however, mV/m groundwave contour of a co- presunrise operation will be considered channel Class A station to 25 μV/m. The by the FCC in determining overall location of the 0.1 mV/m contour of the compliance with past programming Class A station will be determined by representations and station policy con- use of Figure M3, Estimated Ground cerning commercial matter. Conductivity in the United States. When (i) The PSRA or PSSA is secondary the 0.1 mV/m contour extends beyond to the basic instrument of authoriza- the national boundary, the inter- tion with which it is to be associated. national boundary shall be considered The PSRA or PSSA may be suspended, the 0.1 mV/m contour. modified, or withdrawn by the FCC (4) Class B and Class D stations on re- without prior notice or right to hear- gional channels operating PSRA and ing, if necessary to resolve interference PSSA (Class D only) are required to conflicts, to implement agreements provide full protection to co-channel with foreign governments, or in other foreign Class B and Class C stations. circumstances warranting such action.

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Moreover, the PSRA or PSSA does not (a) Such use does not disrupt or de- extend beyond the term of the basic au- grade the station’s own programs or thorization. the programs of other broadcast sta- (j) The Commission will periodically tions. recalculate maximum permissible (b) AM carrier services that are com- power and times for commencing PSRA mon carrier in nature are subject to and PSSA for each Class D station op- common carrier regulation. Licensees erating in accordance with paragraph operating such services are required to (c) of this section. The Commission apply to the FCC for the appropriate will calculate the maximum power at authorization and to comply with all which each individual station may con- policies and rules applicable to the duct presunrise operations during ex- service. Responsibility for making the tended daylight saving time and shall initial determinations of whether a issue conforming authorizations. These particular activity is common carriage original notifications and subsequent rests with the AM station licensee. Ini- notifications should be associated with tial determinations by licensees are the station’s authorization. Upon noti- subject to FCC examination and may fication of new power and time of commencing operation, affected stations be reviewed at the FCC’s discretion. shall make necessary adjustments AM carrier services that are private within 30 days. carrier in nature must notify the Li- (k) A PSRA and PSSA does not re- censing Division of the Private Radio quire compliance with §§ 73.45, 73.182 Bureau at Gettysburg, Pennsylvania and 73.1560 where the operation might 17325, by letter, prior to initiating serv- otherwise be considered as technically ice certifying compliance with 47 CFR substandard. Further, the require- parts 90 and 94. ments of paragraphs (a)(5), (b)(2), (c)(2), (c) AM carrier services are of a sec- and (d)(2) of § 73.1215 concerning the ondary nature under the authority of scale ranges of transmission system in- the AM station authorization, and the dicating instruments are waived for authority to provide such communica- PSRA and PSSA operation except for tions services may not be retained or the radio frequency ammeters used in transferred in any manner separate determining antenna input power. from the station’s authorization. The (1) A station having an antenna mon- grant or renewal of an AM station per- itor incapable of functioning at the au- mit or license is not furthered or pro- thorized PSRA and PSSA power when moted by proposed or past service. The using a directional antenna shall take permittee or licensee must establish the monitor reading using an that the broadcast operation is in the unmodulated carrier at the authorized public interest wholly apart from the daytime power immediately prior to subsidiary communications services commencing PSRA or PSSA oper- provided. ations. Special conditions as the FCC (d) The station identification, de- may deem appropriate may be included layed recording, and sponsor identifica- for PSRA or PSSA to insure operation of the transmitter and associated tion announcements required by equipment in accordance with all §§ 73.1201, 73.1208, and 73.1212 are not ap- phases of good engineering practice. plicable to leased communications services transmitted via services that [56 FR 64860, Dec. 12, 1991; 57 FR 43290, Sept. are not of a general broadcast program 18, 1992, as amended at 58 FR 27950, May 12, nature. 1993] (e) The licensee or permittee must § 73.127 Use of multiplex transmission. retain control over all material transmitted in a broadcast mode via the sta- The licensee of an AM broadcast station’s facilities, with the right to re- tion may use its AM carrier to trans- ject any material that it deems inap- mit signals not audible on ordinary propriate or undesirable. consumer receivers, for both broadcast and non-broadcast purposes subject to the following requirements:

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(f) Installation of the multiplex mented test procedures that are to be transmitting equipment must conform fully described in the application for with the requirements of § 73.1690(e). type acceptance and the transmitting equipment instruction manual. (See [47 FR 25345, June 11, 1982, as amended at 49 FR 34015, Aug. 28, 1984; 51 FR 41629, Nov. 18, § 2.983(d)(8) and (j)). 1986; 51 FR 44478, Dec. 10, 1986] (i) Main channel (L + R) under all conditions of amplitude modulations § 73.128 AM stereophonic broad- for the stereophonic system but not ex- casting. ceeding amplitude modulation on nega- (a) An Am broadcast station may, tive peaks of 100%. without specific authority from the (ii) Stereophonic (L¥R) modulated FCC, transmit stereophonic programs with audio tones of the same amplitude upon installation of type accepted at the transmitter input terminals as stereophonic transmitting equipment in paragraph (b)(i) of this section but and the necessary measuring equip- with the phase of either the L or R ment to determine that the stereo- channel reversed. phonic transmissions conform to the (iii) Left and Right Channel only, modulation characteristics specified in under all conditions of modulation for paragraphs (b) and (c) of this section. the stereophonic system in use but not Stations transmitting stereophonic exceeding amplitude modulation on programs prior to March 21, 1994 may negative peaks of 100%. continue to do so until March 21, 1995 (c) Effective on December 20, 1994, as long as they continue to comply stereophonic transmissions shall con- with the rules in effect prior to March form to the following additional modu- 21, 1994. lation characteristics: (b) The following limitations on the (1) The audio response of the main (L transmitted wave must be met to in- + R) channel shall conform to the re- sure compliance with the occupied quirements of the ANSI/EIA–549–1988, bandwidth limitations, compatibility NRSC–1 AM Preemphasis/Deemphasis with AM receivers using envelope de- and Broadcast Transmission Band- tectors, and any applicable inter- width Specifications (NRSC–1). national agreements to which the FCC (2) The left and right channel audio is a party: signals shall conform to frequency re- (1) The transmitted wave must meet sponse limitations dictated by ANSI/ the occupied bandwidth specifications EIA–549–1988. of § 73.44 under all possible conditions (3) The stereophonic difference of program modulation. Compliance (L¥R) information shall be trans- with requirement shall be dem- mitted by varying the phase of the car- onstrated either by the following spe- rier in accordance with the following cific modulation tests or other docu- relationship:

− ⎛ mL(()tt− R ())⎞ φ=tan 1⎜ ⎟ ⎝1++mL(()tt R ())⎠

where: signal causes the transmitter envelope L(t) = audio signal left channel, to be modulated in a positive direction. R(t) = audio signal right channel, The carrier phase shall likewise retard m = modulation factor, and (negative phase change) when a right mpeak(L(t) + R(t)) = 1 for 100% amplitude mod- channel signal causes the transmitter ulation, envelope to be modulated in a positive ¥ mpeak(L(t) R(t)) = 1 for 100% phase modula- direction. The phase modulation shall tion. be symmetrical for the condition of dif- (4) The carrier phase shall advance in ference (L¥R) channel information a positive direction when a left channel

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sent without the presence of envelope (7) The composite signal shall con- modulation. tain a pilot tone for indication of the (5) Maximum angular modulation, presence of stereophonic information. which occurs on negative peaks of the The pilot tone shall consist of a 25 Hz left or right channel with no signal tone, with 3% or less total harmonic present on the opposite channel distortion and a frequency tolerance of (L(t)=¥0.75, R(t) = 0, or R(t)=¥0.75, ±0.1 H2, which modulates the carrier L(t) = 0) shall not exceed 1.25 radians. phase ±0.05 radians peak, corresponding (6) A peak phase modulation of ±0.785 to 5% L¥R modulation when no other radians under the condition of dif- modulation is present. The injection ference (L¥R) channel modulation and the absence of envelope (L + R) modu- level shall be 5%, with a tolerance of + ¥ lation and pilot signal shall represent 1, 1%. 100% modulation of the difference (8) The composite signal shall be de- channel. scribed by the following expression:

⎡ ∞ ⎤ =+ωφ +⋅ EAc c⎢1 mC∑ sncos() sn t sn ⎥ ⎣ n=1 ⎦

⎡ ∞ ⎤ ωφ+ + π ⎢ mC∑ dncos() dn t dn .05 sin 50 t⎥ − cos⎢ω t + tan 1 n=1 ⎥ ⎢ c ∞ ⎥ ++ωφ ⎢ 1 mC∑ sncos() sn t sn ⎥ ⎣ n=1 ⎦

where: Cdn = the magnitude of the nth term of the A = the unmodulated carrier voltage difference signal = the nth order angular velocity of the m = the modulation index wsn sum signal Csn = the magnitude of the nth term of the wdn = the nth order angular velocity of the sum signal difference signal wc = the angular velocity of the carrier

⎡ ⎤ φ = -1 Bsn sn the angle of the nth order term = tan ⎢ ⎥ ⎣Asn ⎦

⎡ ⎤ φ = -1 Bdn dn the angle of the nth order term = tan ⎢ ⎥ ⎣Adn ⎦

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th Asn and Bsn are the n sine and cosine coeffi- § 73.150 Directional antenna systems. cients of Csn th Adn and Bdn are the n sine and cosine coeffi- (a) For each station employing a di- cients of Cdn rectional antenna, all determinations [58 FR 66301, Dec. 20, 1993] of service provided and interference caused shall be based on the inverse § 73.132 Territorial exclusivity. distance fields of the standard radi- No licensee of an AM broadcast sta- ation pattern for that station. (As ap- tion shall have any arrangement with a plied to nighttime operation the term network organization which prevents ‘‘standard radiation pattern’’ shall in- or hinders another station serving sub- clude the radiation pattern in the hori- stantially the same area from broad- zontal plane, and radiation patterns at casting the network’s programs not angles above this plane.) taken by the former station, or which (1) Parties submitting directional an- prevents or hinders another station tenna patterns pursuant to this section serving a substantially different area and § 73.152 (Modified standard pattern) from broadcasting any program of the must submit patterns which are tab- network organization: Provided, how- ulated and plotted in units of ever, That this section does not pro- millivolts per meter at 1 kilometer. hibit arrangements under which the station is granted first call within its NOTE: Applications for new stations and for primary service area upon the net- changes (both minor and major) in existing work’s programs. The term ‘‘network stations must use a standard pattern. organization’’ means any organization (b) The following data shall be sub- originating program material, with or without commercial messages, and fur- mitted with an application for author- nishing the same to stations inter- ity to install a directional antenna: connected so as to permit simultaneous (1) The standard radiation pattern for broadcast by all or some of them. How- the proposed antenna in the horizontal ever, arrangements involving only sta- plane, and where pertinent, tabulated tions under common ownership, or only values for the azimuthal radiation pat- the rebroadcast by one station or pro- terns for angles of elevation up to and gramming from another with no com- including 60 degrees, with a separate pensation other than a lump-sum pay- section for each increment of 5 degrees. ment by the station rebroadcasting, (i) The standard radiation pattern are not considered arrangements with shall be based on the theoretical radi- a network organization. The term ‘‘aration pattern. The theoretical radi- rangement’’ means any contract, aration pattern shall be calculated in ac- rangement or understanding, expressed cordance with the following mathe- or implied. matical expression: [42 FR 16422, Mar. 28, 1977]

n ()φθ=∫() θ θ() φ− φ+ ψ EkFS,th ∑ i ii / cos cos i i (Eq. 1) i=1

where: tion that nominal station power (see § 73.14) is delivered to the directional E(j,q)th Represents the theoretical inverse distance fields at one kilometer for the array, and that a lumped loss resistance given azimuth and elevation. of one ohm exists at the current loop of k Represents the multiplying constant each element of the array, or at the base which determines the basic pattern size. of each element of electrical height It shall be chosen so that the effective lower than 0.25 wavelength, and no less field (RMS) of the theoretical pattern in than the value required by § 73.189(b)(2) of the horizontal plane shall be no greater this part for a station of the class and than the value computed on the assump-

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nominal power for which the pattern is PkW is the nominal station power expressed designed. in kilowatts, see § 73.14. If the nominal n Represents the number of elements (tow- power is less than one kilowatt, PkW = 1. ers) in the directional array. i Represents the ith element in the array. (ii) Where the orthogonal addition of th the factor Q to E( , ) results in a Fi Represents the field ratio of the i ele- j q th ment in the array. standard pattern whose minimum q Represents the vertical elevation angle fields are lower than those found nec- measured from the horizontal plane. essary or desirable, these fields may be fi (q) represents the vertical plane radiation increased by appropriate adjustment of characteristic of the ith antenna. This the parameters of E(j, q)th. value depends on the tower height, as (2) All patterns shall be computed for well as whether the tower is top-loaded or sectionalized. The various formulas integral multiples of five degrees, be- for computing fi (q) are given in § 73.160. ginning with zero degrees representing Si Represents the electrical spacing of the true north, and, shall be plotted to the ith tower from the reference point. largest scale possible on unglazed let- ji Represents the orientation (with respect ter-size paper (main engraving approxi- to true north) of the ith tower. mately 7′ × 10′) using only scale divi- j Represents the azimuth (with respect to sions and subdivisions of 1,2,2.5, or 5 true north). times 10nth. The horizontal plane pat- yi Represents the electrical phase angle of tern shall be plotted on polar coordi- the current in the ith tower. The standard radiation pattern shall nate paper, with the zero degree point be constructed in accordance with the corresponding to true north. Patterns following mathematical expression: for elevation angles above the horizontal plane may be plotted in polar or rectangular coordinates, with the pat- 2 EEQ()φθ,.= 105 []() φθ ,+ 2 tern for each angle of elevation on a std th separate page. Rectangular plots shall (Eq. 2) begin and end at true north, with all azimuths labelled in increments of not where: less than 20 degrees. If a rectangular E(j,q)std represents the inverse distance fields plot is used, the ordinate showing the at one kilometer which are produced by scale for radiation may be logarithmic. the directional antenna in the horizontal Such patterns for elevation angles and vertical planes. E(j,q)th represents the theoretical inverse distance fields at above the horizontal plane need be sub- one kilometer as computed in accordance mitted only upon specific request by with Eq. 1, above. Commission staff. Minor lobe and null Q is the greater of the following two quan- detail occurring between successive tities: 0.025g(q) Erss or 10.0g(q) √ PkW patterns for specific angles of elevation where: need not be submitted. Values of field g(q) is the vertical plane distribution fac- strength on any pattern less than ten tor, f(q), for the shortest element in the percent of the maximum field strength array (see Eq. 2, above; also see § 73.190, Fig- plotted on that pattern shall be shown ure 5). If the shortest element has an elec- on an enlarged scale. Rectangular plots trical height in excess of 0.5 wavelength, g(q) with a logarithmic ordinate need not shall be computed as follows: utilize an expanded scale unless necessary to show clearly the minor lobe 2 {}∫()θ + 0. 0625 and null detail. g()θ = (3) The effective (RMS) field strength 1. 030776 in the horizontal plane of E(j,q)std,

Erss is the root sum square of the amplitudes E(j,q)th and the root-sum-square (RSS) of the inverse fields of the elements of value of the inverse distance fields of the array in the horizontal plane, as used the array elements at 1 kilometer, de- in the expression for E(j,q) (see Eq. 1, th rived from the equation for E(j,q)th. above), and is computed as follows: These values shall be tabulated on the page on which the horizontal plane pat- n = 2 tern is plotted, which shall be specifi- Ekrss∑ F i cally labelled as the Standard Hori- i=1 zontal Plane Pattern.

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(4) Physical description of the array, cision; greater precision may be used showing: only upon showing that the monitoring (i) Number of elements. equipment to be installed gives accu- (ii) Type of each element (i.e., guyed rate readings with the specified preci- or self-supporting, uniform cross sec- sion. tion or tapered (specifying base dimen- (i) Field Ratio: 3 significant figures. sions), grounded or insulated, etc.) (ii) Phasing: to the nearest 0.1 degree. (iii) Details of top loading, or sec- (iii) Orientation (with respect to a tionalizing, if any. common point in the array, or with re- (iv) Height of radiating portion of spect to another tower): to the nearest each element in feet (height above base 0.1 degree. insulator, or base, if grounded). (v) Overall height of each element (iv) Spacing (with respect to a com- above ground. mon point in the array, or with respect (vi) Sketch of antenna site, indi- to another tower): to the nearest 0.1 de- cating its dimensions, the location of gree. the antenna elements, thereon, their (v) Electrical Height (for all param- spacing from each other, and their ori- eters listed in Section 73.160): to the entation with respect to each other and nearest 0.1 degree. to true north, the number and length of (vi) Theoretical RMS (to determine the radials in the ground system about pattern size): 4 significant figures. each element, the dimensions of ground (vii) Additional requirements relat- screens, if any, and bonding between ing to modified standard patterns ap- towers and between radial systems. pear in § 73.152(c)(3) and (c)(4). (5) Electrical description of the (7) Any additional information re- array, showing: quired by the application form. (i) Relative amplitudes of the fields (c) Sample calculations for the theo- of the array elements. retical and standard radiation follow. (ii) Relative time phasing of the Assume a five kilowatt (nominal fields of the array elements in degrees power) station with a theoretical RMS leading [ + ] or lagging [¥]. of 685 mV/m at one kilometer. Assume (iii) Space phasing between elements that it is an in-line array consisting of in degrees. three towers. Assume the following pa- (iv) Where waiver of the content of rameters for the towers: this section is requested or upon request of the Commission staff, all as- Rel- Rel- sumptions made and the basis therefor, Field Relative ative ative Tower ratio phasing spac- orienta- particularly with respect to the elec- ing tion trical height of the elements, current distribution along elements, efficiency 1 ...... 1 .0 ¥128 .5 0 .0 0 .0 of each element, and ground conduc- 2 ...... 1 .89 0 .0 110 .0 285.0 tivity. 3 ...... 1 .0 128 .5 220.0 285.0 (v) Where waiver of the content of Assume that tower 1 is a typical this section is requested, or upon re- tower with an electrical height of 120 quest of the Commission staff, those degrees. Assume that tower 2 is top- formulas used for computing E(j,q) th loaded in accordance with the method and E(j,q)std. Complete tabulation of final computed data used in plotting described in § 73.160(b)(2) where A is 120 patterns, including data for the deter- electrical degrees and B is 20 electrical mination of the RMS value of the pat- degrees. Assume that tower 3 is sec- tern, and the RSS field of the array. tionalized in accordance with the (6) The values used in specifying the method described in § 73.160(b)(3) where parameters which describe the array A is 120 electrical degrees, B is 20 elec- must be specified to no greater preci- trical degrees, C is 220 electrical de- sion than can be achieved with avail- grees, and D is 15 electrical degrees. able monitoring equipment. Use of The multiplying constant will be greater precision raises a rebuttable 323.6. presumption of instability of the array. Following is a tabulation of part of Following are acceptable values of pre- the theoretical pattern:

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ment of the effective measured field Azimuth 0 30 60 Vertical angle strength (RMS). Measurements shall be 0 ...... 15.98 62.49 68.20 made in the following directions: 105 ...... 1225.30 819.79 234.54 (i) Those specified in the instrument 235 ...... 0.43 18.46 34.56 of authorization. 247 ...... 82.62 51.52 26.38 (ii) In major lobes. Generally, one ra- If we further assume that the station dial is sufficient to establish a major has a standard pattern, we find that Q, lobe; however, additional radials may for q = 0, is 22.36. be required. Following is a tabulation of part of (iii) Along additional radials to es- the standard pattern: tablish the shape of the pattern. In the case of a relatively simple directional Azimuth 0 30 60 Vertical antenna pattern, a total of six radials angle is sufficient. If two radials would be 0 ...... 28.86 68.05 72.06 more than 90° apart, then an additional 105 ...... 1286.78 860.97 246.41 radial must be specified within that 235 ...... 23.48 26.50 37.18 247 ...... 89.87 57.03 28.87 arc. When more complicated patterns are involved, that is, patterns having The RMS of the standard pattern in several or sharp lobes or nulls, meas- the horizontal plane is 719.63 mV/m at urements shall be taken along as many one kilometer. as 12 radials to definitely establish the pattern(s). Pattern symmetry may be [36 FR 919, Jan. 20, 1971, as amended at 37 FR assumed for complex patterns which 529, Jan. 13, 1972; 41 FR 24134, June 15, 1976; 46 might otherwise require measurements FR 11991, Feb. 12, 1981; 48 FR 24384, June 1, 1983; 51 FR 2707, Jan. 21, 1986; 52 FR 36877, on more than 12 radials. Oct. 1, 1987; 56 FR 64861, Dec. 12, 1991; 57 FR (2) A tabulation of: 43290, Sept. 18, 1992] (i) The phase difference of the current in each element with respect to § 73.151 Field strength measurements the reference element, and whether the to establish performance of direc- current leads (+) or lags (¥) the cur- tional antennas. rent in the reference element, as indi- The performance of a directional an- cated by the station’s antenna mon- tenna may be verified either by field itor. strength measurement or by computer (ii) The ratio of the amplitude of the modeling and sampling system radio frequency current in each ele- verification. ment to the current in the reference (a) In addition to the information re- element, as indicated on the station’s quired by the license application form, antenna monitor. the following showing must be sub- (3) A monitoring point shall be estab- mitted to establish, for each mode of lished on each radial for which the con- directional operation, that the effec- struction permit specifies a limit. The tive measured field strength (RMS) at 1 following information shall be supplied kilometer (km) is not less than 85 per- for each monitoring point: cent of the effective measured field (i) Measured field strength. strength (RMS) specified for the stand- (ii) An accurate and detailed descrip- ard radiation pattern, or less than that tion of each monitoring point. The de- specified in § 73.189(b) for the class of scription may include, but shall not be station involved, whichever is the high- limited to, geographic coordinates de- er value, and that the measured field termined with a Global Positioning strength at 1 km in any direction does System receiver. not exceed the field shown in that di- (iii) Clear photographs taken with rection on the standard radiation pat- the field strength meter in its meas- tern for that mode of directional oper- uring position and with the camera so ation: located that its field of view takes in (1) A tabulation of inverse field as many pertinent landmarks as pos- strengths in the horizontal plane at 1 sible. km, as determined from field strength (b) For stations authorized to operate measurements taken and analyzed in with simple directional antenna sys- accordance with § 73.186, and a state- tems (e.g., two towers) in the 1605–1705

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kHz band, the measurements to sup- equal to the sum of the widths of the port pattern RMS compliance referred tower sides. to in paragraphs (a)(1)(ii) and (a)(1)(iii) (ii) For arrays using multiple wires of this section are not required. In such to represent leg and cross-member sec- cases, measured radials are required tions, the individual legs of the tower only in the direction of short-spaced al- may be modeled at their actual diame- lotments, or in directions specifically ters with appropriate interconnecting identified by the Commission. segments representing cross-members (c) Computer modeling and sample sys- at regular intervals. tem verification of modeled parameters to (iii) No less than one segment for establish operation of a directional an- each 10 electrical degrees of the tower’s tenna consistent with the theoretical pat- physical height shall be used for each tern. Each element of the directional element in the array. array shall be modeled by use of a method of moments computer program, (iv) Base calculations shall be made using the physical characteristics of for a reference point at ground level or each element to establish a model that within one electrical degree elevation does not violate any of the internal of the actual feed point. constraints of the computer program. (v) For uniform cross-section towers Only arrays consisting of series-fed ele- represented by vertical wires, each ments may have their performance wire used for a given tower shall be be- verified by computer modeling and tween 75 to 125 percent of the physical sample system verification. length represented. (1) A matrix of impedance measure- (vi) For self-supporting towers, ments at the base and/or feed point of stepped-radius wire sections may be each element in the array, with all employed to simulate the physical tow- other elements shorted and/or open er’s taper, or the tower may be mod- circuited at their respective measure- eled with individual wire sections rep- ment locations, shall be made. The resenting the legs and cross members. physical model of the individual an- (vii) The lumped series inductance of tenna elements used in the computer the feed system between the output program may be varied to match the port of each antenna tuning unit and measured impedance matrix, but the the associated tower shall be no great- actual spacings and orientations of the er than 10 μH unless a measured value array elements must be used. Towers from the measurement point to the may be modeled using individual tower base with its insulator short vertical wires to represent them, or circuited is used. with multiple wires representing their (viii) The shunt capacitance used to leg and cross-member sections. The re- model the base region effects shall be sulting model description (consisting no greater than 250 pF unless the meas- of the length, radius, and number of segments of each wire for arrays using ured or manufacturer’s stated capaci- vertical wire sections to represent the tance for each device other than the towers, or the length, end-point coordi- base insulator is used. The total capac- nates, and radius of each wire used to itance of such devices shall be limited represent leg and cross-member sec- such that in no case will their total cations for arrays using detailed tower pacitive reactance be less than five structure representations) as well as times the magnitude of the tower base the assumed input feed and base region operating impedance without their ef- stray reactances shall be used to gen- fects being considered. This ‘‘five erate the drive impedances and sample times’’ requirement only applies when system parameter values for the oper- the total capacitance used to model ating directional antenna pattern pa- base region effects exceeds 250 pF and rameters. when base current sampling is used. (i) For arrays using vertical wires to (ix) The orientation and distances represent each tower, the radii of cyl- among the individual antenna towers inders shall be no less than 80 percent in the array shall be confirmed by a and no more than 150 percent of the ra- post-construction certification by a dius of a circle with a circumference land surveyor (or, where permitted by

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local regulation, by an engineer) li- same fraction of the total tower height censed or registered in the state or ter- as the minimum in tower current with ritory where the antenna system is lo- the tower detuned in the model. Sam- cated. Stations submitting a moment ple lines from the sensing element to method proof for a pattern using tow- the antenna monitor must be equal in ers that are part of an authorized AM both length (within one electrical de- array are exempt from the requirement gree) and characteristic impedance to submit a surveyor’s certification, (within two ohms), as established by provided that the tower geometry of impedance measurements, including at the array is not being modified and the open-circuit resonant frequency that no new towers are being added to closest to carrier frequency to estab- the array. lish length, at frequencies cor- (x) An AM station that verified the responding to odd multiples of 1⁄8 wave- performance of its directional antenna length immediately above and below system using computer modeling and the open circuit resonant frequency sampling system verification under closest to carrier frequency, while open this rule section, that makes modifica- circuited, to establish characteristic tions to tower or system components impedance, and at carrier frequency or, above the base insulator, shall follow if necessary, at nearby frequencies the procedures set forth in section where the magnitude of the measured 1.30003(b)(2) of this chapter. impedance is no greater than 200 ohms (2)(i) The computer model, once with the sampling devices connected. verified by comparison with the meas- Samples may be obtained from current ured base impedance matrix data, shall transformers at the output of the an- be used to determine the appropriate tenna coupling and matching equip- antenna monitor parameters. The moment for base-fed towers whose actual ment method modeled parameters shall electrical height is 120 degrees or less, be established by using the verified or greater than 190 electrical degrees. moment method model to produce Samples may be obtained from base tower current distributions that, when voltage sampling devices at the output numerically integrated and normalized of the antenna coupling and matching to the reference tower, are identical to equipment for base-fed towers whose the specified field parameters of the actual electrical height is greater than theoretical directional antenna pat- 105 degrees. Samples obtained from tern. The samples used to drive the an- sample loops located as described tenna monitor may be current trans- above can be used for any height of formers or voltage sampling devices at tower. For towers using base current or the outputs of the antenna matching base voltage sampling derived at the networks or sampling loops located on output of the antenna coupling and the towers. If sample loops are used, matching equipment, the sampling de- they shall be located at the elevation vices shall be disconnected and cali- where the current in the tower would brated by measuring their outputs with be at a minimum if the tower were a common reference signal (a current detuned in the horizontal plane, as de- through them or a voltage across them, termined by the moment method as appropriate) and the calibration model parameters used to determine must agree within the manufacturer’s the antenna monitor parameters. Sam- specifications. A complete description ple loops may be employed only when of the sampling system, including the the towers are identical in cross-sec- results of the measurements described tional structure, including both leg and in this paragraph, shall be submitted cross member characteristics; if the with the application for license. towers are of unequal height, the sam- (ii) Proper adjustment of an antenna ple loops shall be mounted identically pattern shall be determined by correla- with respect to tower cross members at tion between the measured antenna the appropriate elevations above the monitor sample indications and the pa- base insulator. If the tower height used rameters calculated by the method of in the model is other than the physical moments program, and by correlation height of the tower, the sampling loop between the measured matrix shall be located at a height that is the impedances for each tower and those

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calculated by the method of moments pattern, in order to allow additional program. The antenna monitor sample tolerance for monitoring point limits. indications must be initially adjusted (b) If, following a partial proof of per- to agree with the moment method formance, a licensee discovers that ra- model within ±5 percent for the field diation exceeds the standard pattern ratio and ±3 degrees in phase. The on one or more radials because of cir- measured matrix impedances must cumstances beyond the licensee’s con- agree with the moment method model trol, a modified standard pattern may within ±2 ohms and ±4 percent for re- be requested. The licensee shall sub- sistance and reactance. mit, concurrently, Forms 301–AM and (3) When the application for an ini- 302–AM. Form 301–AM shall include an tial license for a directional antenna exhibit demonstrating that no inter- system is submitted that is based on ference would result from the aug- computer modeling and sample system mentation. Form 302–AM shall include verification, reference field strength the results of the partial proof, along measurement locations shall be estab- with full directional and nondirec- lished in the directions of pattern tional measurements on the radial(s) minima and maxima. On each radial to be augmented, including close-in corresponding to a pattern minimum points and a determination of the in- or maximum, there shall be at least verse distance field in accordance with three measurement locations. The field § 73.186. strength shall be measured at each ref- (c) Normally, a modified standard erence location at the time of the proof pattern is not acceptable at the initial of performance. The license application construction permit stage, before a shall include the measured field proof-of-performance has been com- strength values at each reference pleted. However, in certain cases, point, along with a description of each where it can be shown that modifica- measurement location, including GPS tion is necessary, a modified standard coordinates and datum reference. New pattern will be acceptable at the initial reference field strength measurements construction permit stage. Following is are not required for subsequent license a non-inclusive list of items to be con- applications for the same directional sidered in determining whether a modi- antenna pattern and physical facilities. fication is acceptable at the initial construction permit stage: [36 FR 919, Jan. 20, 1971, as amended at 42 FR 36828, July 18, 1977; 49 FR 23348, June 6, 1984; (1) When the proposed pattern is es- 50 FR 32416, Aug. 12, 1985; 56 FR 64862, Dec. 12, sentially the same as an existing pat- 1991; 63 FR 33876, June 22, 1998; 66 FR 20756, tern at the same antenna site. (e.g., A Apr. 25, 2001; 73 FR 64561, Oct. 30, 2008; 82 FR DA-D station proposing to become a 51165, Nov. 3, 2017] DA–1 station.) (2) Excessive reradiating structures, § 73.152 Modification of directional an- which should be shown on a plat of the tenna data. antenna site and surrounding area. (a) If, after construction and final ad- (3) Other environmental factors; they justment of a directional antenna, a should be fully described. measured inverse distance field in any (4) Judgment and experience of the direction exceeds the field shown on engineer preparing the engineering the standard radiation pattern for the portion of the application. This must pertinent mode of directional oper- be supported with a full discussion of ation, an application shall be filed, the pertinent factors. specifying a modified standard radi- (d) The following general principles ation pattern and/or such changes as shall govern the situations in para- may be required in operating param- graphs (a), (b), and (c) in this section: eters so that all measured effective (1) Where a measured field in any di- fields will be contained within the rection will exceed the authorized modified standard radiation pattern. standard pattern, the license applica- Permittees may also file an application tion may specify the level at which the specifying a modified standard radi- input power to the antenna shall be ation pattern, even when measured ra- limited to maintain the measured field diation has not exceeded the standard at a value not in excess of that shown

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on the standard pattern, and shall E(j,q)th at any azimuth or vertical elevation specify the common point current cor- angle. responding to this power level. This g(q) is defined in § 73.150(b)(1)(i). value of common point current will be S is the angular range, or ‘‘span’’, over which specified on the license for that sta- augmentation is applied. The span is cen- tion. tered on the central azimuth of aug- (2) Where any excessive field does not mentation. At the limits of the span, the result in objectionable interference to augmented pattern merges into the un- augmented pattern. Spans may overlap. another station, a modification of con- DA is the absolute horizontal angle between struction permit application may be the azimuth at which the augmented pat- submitted with a modified standard tern value is being computed and the pattern encompassing all augmented central azimuth of augmentation. (DA fields. The modified standard pattern cannot exceed 1/2 S.) shall supersede the previously submitted standard radiation pattern for In the case where there are spans that station in the pertinent mode of which overlap, the above formula shall directional operation. Following are be applied repeatedly, once for each the possible methods of creating a augmentation, in ascending order of modified standard pattern: central azimuth of augmentation, beginning with zero degrees representing (i) The modified pattern may be com- true North. Note that, when spans puted by making the entire pattern overlap, there will be, in effect, an aug- larger than the original pattern (i.e., mentation of an augmentation. And, if have a higher RMS value) if the meas- the span of an earlier augmentation ured fields systematically exceed the overlaps the central azimuth of a later confines of the original pattern. The augmentation, the value of ‘‘A’’ for the larger pattern shall be computed by later augmentation will be different using a larger multiplying constant, k, than the value of ‘‘A’’ without the in the theoretical pattern equation overlap of the earlier span. (Eq. 1) in § 73.150(b)(1). (iii) A combination of paragraphs (ii) Where the measured field exceeds (d)(2)(i) and (d)(2)(ii), of this section, the pattern in discrete directions, but with (d)(2)(i) being applied before objectionable interference does not re- (d)(2)(ii) is applied. sult, the pattern may be expanded over (iv) Where augmentation is allowable sectors including these directions. under the terms of this section, the re- When this ‘‘augmentation’’ is desired, quested amount of augmentation shall it shall be achieved by application of be centered upon the measured radial the following equation: and shall not exceed the following: 2 E(j,q)aug = √{ E(j,q)std } + A{g(q) cos (180 (A) The actual measured inverse dis- 2 DA/S } tance field value, where the radial does not involve a required monitoring where: point. E(j,q)std is the standard pattern field at some (B) 120% of the actual measured in- particular azimuth and elevation angle, verse field value, where the radial has before augmentation, computed pursuant to Eq. 2, § 73.150(b)(1)(i). a monitoring point required by the instrument of authorization. E(j,q)aug. is the field in the direction specified above, after augmentation. Whereas some pattern smoothing can 2 2 A = E(j, O) aug¥E(j, O) std in which j is the be accommodated, the extent of the re- central azimuth of augmentation. E(j, quested span(s) shall be minimized and O)aug and E(j, O)std are the fields in the in no case shall a requested augmenta- horizontal plane at the central azimuth tion span extend to a radial azimuth of augmentation. for which the analyzed measurement NOTE: ‘‘A’’ must be positive, except during data does not show a need for aug- the process of converting non-standard pat- mentation. terns to standard patterns pursuant to the (3) A Modified Standard Pattern shall Report and Order in Docket No. 21473, and in making minor changes to stations with pat- be specifically labeled as such, and terns developed during the conversion. How- shall be plotted in accordance with the ever, even when ‘‘A’’ is negative, ‘‘A’’ cannot requirements of paragraph (b)(2) of be so negative that E(j,a)aug is less than § 73.150. The effective (RMS) field 42

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strength in the horizontal plane of [46 FR 11992, Feb. 12, 1981, as amended at 56 FR 64862, Dec. 12, 1991; 66 FR 20756, Apr. 25, E(j,a)std, E(j,a)th, and the root sum square (RSS) value of the inverse fields 2001] of the array elements (derived from the § 73.153 Field strength measurements equation for E(j,a)th), shall be tabulated in support of applications or evi- on the page on which the horizontal dence at hearings. plane pattern is plotted. Where sector In the determination of interference, augmentation has been employed in de- groundwave field strength measure- signing the modified pattern, the direc- ments will take precedence over theo- tion of maximum augmentation (i.e., retical values, provided such measure- the central azimuth of augmentation) ments are properly taken and pre- shall be indicated on the horizontal sented. When measurements of plane pattern for each augmented sec- groundwave signal strength are pre- tor, and the limits of each sector shall sented, they shall be sufficiently com- also be shown. Field values within an plete in accordance with § 73.186 to de- augmented sector, computed prior to termine the field strength at 1 mile in augmentation, shall be depicted by a the pertinent directions for that sta- broken line. tion. The antenna resistance measure- (4) There shall be submitted, for each ments required by § 73.186 need not be modified standard pattern, complete taken or submitted. tabulations of final computed data used in plotting the pattern. In addi- [44 FR 36037, June 20, 1979, as amended at 56 tion, for each augmented sector, the FR 64862, Dec. 12, 1991] central azimuth of augmentation, span, and radiation at the central azimuth of § 73.154 AM directional antenna partial proof of performance measure- augmentation (E(j,a)aug) shall be tab- ments. ulated. (5) The parameters used in computing (a) A partial proof of performance the modified standard pattern shall be consists of at least 8 field strength specified with realistic precision. Fol- measurements made on each of the lowing is a list of the maximum ac- radials that includes a monitoring ceptable precision: point. (b) The measurements are to be made (i) Central Azimuth of Augmenta- within 3 to 15 kilometers from the cen- tion: to the nearest 0.1 degree. ter of the antenna array. When a moni- (ii) Span: to the nearest 0.1 degree. toring point as designated on the sta- (iii) Radiation at Central Azimuth of tion authorization lies on a particular Augmentation: 4 significant figures. radial, one of the measurements must (e) Sample calculations for a modi- be made at that point. One of the fol- fied standard pattern follow. First, as- lowing methods shall be used for the sume the existing standard pattern in partial proof: § 73.150(c). Then, assume the following (1) Measurement points shall be se- augmentation parameters: lected from the points measured in latest full proof of performance provided Central Radiation Augmentation number azi- Span at central that the points can be identified with muth azimuth reasonable certainty, and that land de- 1 ...... 110 40 1,300 velopment or other factors have not 2 ...... 240 50 52 significantly altered propagation char- 3 ...... 250 10 130 acteristics since the last full proof. At each point, the licensee shall measure Following is a tabulation of part of directional field strength for compari- the modified standard pattern: son to either the directional or the nondirectional field strength measured Vertical Azimuth 0 30 60 angle at that point in the last full proof. (2) In the event that a meaningful 0 ...... 28.86 68.05 72.06 ...... comparison to full proof measurements 105 ...... 1,299.42 872.14 254.21 ...... cannot be made, the licensee shall 235 ...... 39.00 35.74 38.71 ...... measure both directional and nondirec- 247 ...... 100.47 66.69 32.78 ...... tional field strength at eight points on

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each radial. The points need not be shall be retained in the station’s public limited to those measured in the last inspection file. full proof of performance. [82 FR 51162, Nov. 3, 2017] (c) The results of the measurements are to be analyzed as follows. Either § 73.157 Antenna testing during day- the arithmetic average or the loga- time. rithmic average of the ratios of the field strength at each measurement (a) The licensee of a station using a point to the corresponding field directional antenna during daytime or strength in the most recent complete nighttime hours may, without further proof of performance shall be used to authority, operate during daytime establish the inverse distance fields. hours with the licensed nighttime di- (The logarithmic average for each ra- rectional facilities or with a nondirec- dial is the antilogarithm of the mean tional antenna when conducting moni- of the logarithms of the ratios of field toring point field strength measure- strength (new to old) for each measurements or antenna proof of performance ment location along a given radial). measurements. When new nondirectional measure- (b) Operation pursuant to this sec- ments are used as the reference, as de- tion is subject to the following condi- scribed in paragraph (b)(2) of this sections: tion, either the arithmetic or loga- (1) No harmful interference will be rithmic averages of directional to non- caused to any other station. directional field strength on each ra- (2) The FCC may notify the licensee dial shall be used in conjunction with to modify or cease such operation to the measured nondirectional field from resolve interference complaints or the last proof to establish the inverse when such action may appear to be in distance field. the public interest, convenience and (d) The result of the most recent par- necessity. tial proof of performance measure- (3) Such operation shall be under- ments and analysis is to be retained in taken only for the purpose of taking the station records available to the monitoring point field strength meas- FCC upon request. Maps showing new urements or antenna proof of perform- measurement points, i.e., points not ance measurements, and shall be re- measured in the last full proof, shall be stricted to the minimum time required associated with the partial proof in the to accomplish the measurements. station’s records, and shall be provided (4) Operating power in the nondirec- to the FCC upon request. tional mode shall be adjusted to the same power as was utilized for the [66 FR 20756, Apr. 25, 2001, as amended at 82 most recent nondirectional proof of FR 51165, Nov. 3, 2017] performance covering the licensed fa- § 73.155 Directional antenna perform- cilities. ance recertification. [50 FR 30947, July 31, 1985] A station licensed with a directional antenna pattern pursuant to a proof of § 73.158 Directional antenna moni- performance using moment method toring points. modeling and internal array param- (a) When a licensee of a station using eters as described in § 73.151(c) shall re- a directional antenna system finds that certify the performance of the antenna a field monitoring point, as specified monitor sampling system only in the on the station authorization, is no case of repair to or replacement of af- longer accessible or is unsuitable be- fected system components, and then cause of nearby construction or other only as to the repaired or replaced sys- disturbances to the measured field, an tem components. Any recertification of application to change the monitoring repaired or replaced system compo- point location, including FCC Form nents shall be performed in the same 302–AM, is to be promptly submitted to manner as an original certification of the FCC in Washington, DC. the affected system components under (1) If the monitoring point has be- § 73.151(c)(2)(i) of this part. The results come inaccessible or otherwise unsuit- of the recertification measurements able, but there has been no significant

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construction or other change in the vi- (a)(3) and (4) of this section, and a copy cinity of the monitoring point which of the station’s current license. may affect field strength readings, the [66 FR 20757, Apr. 25, 2001, as amended at 84 licensee shall select a new monitoring FR 2758, Feb. 8, 2019] point from the points measured in the last full proof of performance. A recent § 73.160 Vertical plane radiation char- field strength measurement at the new acteristics, f(q). monitoring point shall also be pro- (a) The vertical plane radiation char- vided. acteristics show the relative field being (2) Alternatively, if changes in the radiated at a given vertical angle, with electromagnetic environment have af- respect to the horizontal plane. The fected field strength readings at the vertical angle, represented as q, is 0 de- monitoring point, the licensee shall grees in the horizontal plane, and 90 de- submit the results of a partial proof of grees when perpendicular to the hori- performance, analyzed in accordance zontal plane. The vertical plane radi- with § 73.154, on the affected radial. ation characteristic is referred to as (3) The licensee shall submit an accu- f(q). The generic formula for f(q) is: rate, written description of the new f(q) = E(q)/E(O) monitoring point in relation to nearby where: permanent landmarks. (4) The licensee shall submit a photo- E(q) is the radiation from the tower at angle q. graph showing the new monitoring E(O) is the radiation from the tower in the point in relation to nearby permanent horizontal plane. landmarks that can be used in locating (b) Listed below are formulas for f( ) the point accurately at all times q for several common towers. throughout the year. Do not use sea- (1) For a typical tower, which is not sonal or temporary features in either top-loaded or sectionalized, the fol- the written descriptions or photo- lowing formula shall be used: graphs as landmarks for locating field points. cos (GG sinθ )− cos (b) When the description of the moni- f()θ = toring point as shown on the station li- (1− cosG ) cos θ cense is no longer correct due to road where: or building construction or other G is the electrical height of the tower, not changes, the licensee must prepare and including the base insulator and pier. (In file with the FCC, in Washington, DC, a the case of a folded unipole tower, the request for a corrected station license entire radiating structure’s electrical showing the new monitoring point de- height is used.) scription. The request shall include the (2) For a top-loaded tower, the fol- information specified in paragraphs lowing formula shall be used:

cosBA cos ( sinθθ )−−+ sin sin BA sin ( sin θ ) cos ( AB ) f()θ = cosθ (cosBAB−+ cos ( ))

where: based on current distribution) and the A is the physical height of the tower, in elec- actual physical height. trical degrees, and G is the apparent electrical height: the sum of A and B; A + B. B is the difference, in electrical degrees, between the apparent electrical height (G, See Figure 1 of this section.

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(3) For a sectionalized tower, the following formula shall be used:

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{sinΔ [cosBA cos ( sinθ )−+ cos G ] sinBDC [cos cos ( sinθθ )−− sin sin DC sin ( sin θ ) cosΔ cos ( A sin θ )]} f()θ = cosθ [sinΔΔ (cosBG−+ cos ) sin BD (cos − cos )]

where: D is the difference between the apparent electrical height of the tower (based on A is the physical height, in electrical de- current distribution of the upper section) grees, of the lower section of the tower. and the physical height of the entire B is the difference between the apparent tower. D will be zero if the sectionalized electrical height (based on current dis- tower is not top-loaded. tribution) of the lower section of the G is the sum of A and B; A + B. tower and the physical height of the H is the sum of C and D; C + D. lower section of the tower. Δ is the difference between H and A; H¥A. C is the physical height of the entire tower, in electrical degrees. See Figure 2 of this section.

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(c) One of the above f(q) formulas ticular type of antenna. If a special for- must be used in computing radiation in mula is submitted, it must be accom- the vertical plane, unless the applicant panied by a complete derivation and submits a special formula for a par-

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sample calculations. Submission of val- (1) Class A stations operate on clear ues for f(q) only in a tabular or graph- channels with powers no less than ical format (i.e., without a formula) is 10kW nor greater than 50 kW. These not acceptable. stations are designed to render primary (d) Following are sample calcula- and secondary service over an extended tions. (The number of significant fig- area, with their primary services areas ures shown here should not be inter- protected from objectionable interpreted as a limitation on the number of ference from other stations on the significant figures used in actual cal- same and adjacent channels. Their sec- culations.) ondary service areas are protected (1) For a typical tower, as described from objectionable interference from in paragraph (b)(1) of this section, as- co-channel stations. For purposes of sume that G = 120 electrical degrees: protection, Class A stations may be divided into two groups, those located in q f(q) any of the contiguous 48 States and 0 ...... 1.0000 those located in Alaska in accordance 30 ...... 0.7698 with § 73.25. 60 ...... 0.3458 (i) The mainland U.S. Class A stations are those assigned to the chan- (2) For a top-loaded tower, as de- nels allocated by § 73.25. The power of scribed in paragraph (b)(2) of this sec- these stations shall be 50 kW. The Class tion, assume A = 120 electrical degrees, A stations in this group are afforded B = 20 electrical degrees, and G = 140 protection as follows: electrical degrees, (120 + 20): (A) Daytime. To the 0.1 mV/m groundwave contour from stations on q f(q) the same channel, and to the 0.5 mV/m 0 ...... 1.0000 groundwave contour from stations on 30 ...... 0.7364 adjacent channels. 60 ...... 0.2960 (B) Nighttime. To the 0.5 mV/m-50% skywave contour from stations on the (3) For a sectionalized tower, as de- same channels. scribed in paragraph (b)(3) of this sec- (ii) Class A stations in Alaska oper- tion, assume A = 120 electrical degrees, ate on the channels allocated by § 73.25 B = 20 electrical degrees, C = 220 elec- with a minimum power of 10 kW, a trical degrees, D = 15 electrical de- maximum power of 50 kW and an an- grees, G = 140 electrical degrees (120 + tenna efficiency of 215 mV/m/kW at 1 20), H = 235 electrical degrees (220 + 15), kilometer. Stations operating on these and Δ = 115 electrical degrees (235¥120): channels in Alaska which have not q f(q) been designated as Class A stations in response to licensee request will con- 0 ...... 1.0000 tinue to be considered as Class B sta- 30 ...... 0.5930 tions. During daytime hours a Class A 60 ...... 0.1423 station in Alaska is protected to the 100 μV/m groundwave contour from co- [46 FR 11993, Feb. 12, 1981] channel stations. During nighttime hours, a Class A station in Alaska is § 73.182 Engineering standards of allo- μ cation. protected to the 100 V/m-50 percent skywave contour from co-channel sta- (a) Sections 73.21 to 73.37, inclusive, tions. The 0.5 mV/m groundwave con- govern allocation of facilities in the tour is protected both daytime and AM broadcast band 535–1705 kHz. § 73.21 nighttime from stations on adjacent establishes three classes of channels in channels. this band, namely, clear, regional and local. The classes and power of AM NOTE: In the Report and Order in MM broadcast stations which will be as- Docket No. 83–807, the Commission des- signed to the various channels are set ignated 15 stations operating on U.S. clear channels as Alaskan Class A stations. Eleven forth in § 73.21. The classifications of of these stations already have Alaskan Class the AM broadcast stations are as fol- A facilities and are to be protected accord- lows: ingly. Permanent designation of the other

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four stations as Alaskan Class A is condi- (3) Class C stations operate on local tioned on their constructing minimum Alas- channels, normally rendering primary kan Class A facilities no later than Decem- service to a community and the subur- ber 31, 1989. Until that date or until such fa- ban or rural areas immediately contig- cilities are obtained, these four stations uous thereto, with powers not less than shall be temporarily designated as Alaskan Class A stations, and calculations involving 0.25 kW, nor more than 1 kW, except as these stations should be based on existing fa- provided in § 73.21(c)(1). Such stations cilities but with an assumed power of 10 kW. are normally protected to the daytime Thereafter, these stations are to be pro- 0.5 mV/m contour. On local channels tected based on their actual Alaskan Class A the separation required for the daytime facilities. If any of these stations does not protection shall also determine the obtain Alaskan Class A facilities in the pe- nighttime separation. Where direc- riod specified, it is to be protected as a Class tional antennas are employed daytime B station based on its actual facilities. These by Class C stations operating with four stations may increase power to 10 kW more than 0.25 kW power, the separa- without regard to the impact on co-channel Class B stations. However, power increases tions required shall in no case be less by these stations above 10 kW (or by existing than those necessary to afford protec- Alaskan Class A stations beyond their cur- tion, assuming nondirectional oper- rent power level) are subject to applicable ation with 0.25 kW. In no case will 0.25 protection requirements for co-channel Class kW or greater nighttime power be au- B stations. Other stations not on the original thorized to a station unable to operate list but which meet applicable requirements nondirectionally with a power of 0.25 may obtain Alaskan Class A status by seek- kW during daytime hours. The actual ing such designation from the Commission. nighttime limitation will be cal- If a power increase or other change in facilities by a station not on the original list is culated. For nighttime protection pur- required to obtain minimum Alaskan Class A poses, Class C stations in the 48 contig- facilities, any such application shall meet uous United States may assume that the interference protection requirements ap- stations in Alaska, Hawaii, Puerto plicable to an Alaskan Class A proposal on Rico, and the U.S. Virgin Islands oper- the channel. ating on 1230, 1240, 1340, 1400, 1450, and (2) Class B stations are stations 1490 kHz are Class C stations. which operate on clear and regional (4) Class D stations operate on clear channels with powers not less than 0.25 and regional channels with daytime kW nor more than 50 kW. These sta- powers of not less than 0.25 kW (or tions render primary service only, the equivalent RMS field of 107.5 mV/m at 1 kilometer if less than 0.25 kW) and area of which depends on their geo- not more than 50 kW. Class D stations graphical location, power, and fre- that have previously received night- quency. It is recommended that Class B time authority to operate with powers stations be located so that the inter- of less 0.25 kW (or equivalent RMS ference received from other stations fields of less than 107.5 mV/m at 1 kilo- will not limit the service area to a meter) are not required to provide groundwave contour value greater than nighttime coverage in accordance with 2.0 mV/m nighttime and to the 0.5 mV/ § 73.24(i) and are not protected from in- m groundwave contour daytime, which terference during nighttime hours. are the values for the mutual protec- Such nighttime authority is permitted tion between this class of stations and on the basis of full nighttime protec- other stations of the same class. tion being afforded to all Class A and NOTE: See §§ 73.21(b)(1) and 73.26(b) con- Class B stations. cerning power restrictions and classifica- (b) When a station is already limited tions relative to Class B, Class C, and Class by interference from other stations to D stations in Alaska, Hawaii, Puerto Rico a contour value greater than that nor- and the U.S. Virgin Islands. Stations in the mally protected for its class, the indi- above-named places that are reclassified vidual received limits shall be the es- from Class C to Class B stations under § 73.26(b) shall not be authorized to increase tablished standard for such station power to levels that would increase the with respect to interference from each nighttime interference-free limit of co-chan- other station. nel Class C stations in the conterminous (c) The four classes of AM broadcast United States. stations have in general three types of

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service areas, i.e., primary, secondary strength that is required for primary and intermittent. (See § 73.14 for the service. Secondary service is subject to definitions of primary, secondary, and some interference and extensive fading intermittent service areas.) Class A whereas the primary service area of a stations render service to all three station is subject to no objectionable areas. Class B stations render service interference or fading. Only Class A to a primary area but the secondary stations are assigned on the basis of and intermittent service areas may be rendering secondary service. materially limited or destroyed due to interference from other stations, de- NOTE: Standards have not been established pending on the station assignments infor objectionable fading because of the relationship to receiver characteristics. Selec- volved. Class C and Class D stations tive fading causes audio distortion and sig- usually have only primary service nal strength reduction below the noise level, areas. Interference from other stations objectionable characteristics inherent in may limit intermittent service areas many modern receivers. The AVC circuits in and generally prevents any secondary the better designed receivers generally main- service to those stations which operate tain the audio output at a sufficiently con- at night. Complete intermittent serv- stant level to permit satisfactory reception ice may still be obtained in many cases during most fading conditions. depending on the station assignments (h) Intermittent service is rendered involved. by the groundwave and begins at the (d) The groundwave signal strength outer boundary of the primary service required to render primary service is 2 area and extends to a distance where mV/m for communities with popu- the signal strength decreases to a value lations of 2,500 or more and 0.5 mV/m that is too low to provide any service. for communities with populations of This may be as low as a few μV/m in less than 2,500. See § 73.184 for curves certain areas and as high as several showing distance to various millivolts per meter in other areas of groundwave field strength contours for high noise level, interference from different frequencies and ground con- other stations, or objectionable fading ductivities, and also see § 73.183, at night. The intermittent service area ‘‘Groundwave signals.’’ may vary widely from day to night and (e) A Class C station may be author- generally varies over shorter intervals ized to operate with a directional an- of time. Only Class A stations are pro- tenna during daytime hours providing tected from interference from other the power is at least 0.25 kW. In com- stations to the intermittent service puting the degrees of protection which area. such antenna will afford, the radiation produced by the directional antenna (i) Broadcast stations are licensed to system will be assumed to be no less, in operate unlimited time, limited time, any direction, than that which would daytime, share time, and specified result from non-directional operation hours. (See §§ 73.1710, 73.1725, 73.1720, using a single element of the direc- 73.1715, and 73.1730.) Applications for tional array, with 0.25 kW. new stations shall specify unlimited (f) All classes of broadcast stations time operation only. have primary service areas subject to (j) Section 73.24 sets out the general limitation by fading and noise, and in- requirements for modifying the facili- terference from other stations to the ties of a licensed station and for estab- contours set out for each class of sta- lishing a new station. Sections 73.24(b) tion. and 73.37 include interference related (g) Secondary service is provided dur- provisions that be considered in con- ing nighttime hours in areas where the nection with an application to modify skywave field strength, 50% or more of the facilities of an existing station or the time, is 0.5 mV/m or greater (0.1 to establish a new station. Section mV/m in Alaska). Satisfactory sec- 73.30 describes the procedural steps re- ondary service to cities is not consid- quired to receive an authorization to ered possible unless the field strength operate in the 1605–1705 kHz band. of the skywave signal approaches or ex- (k) Objectionable nighttime inter- ceeds the value of the groundwave field ference from a broadcast station occurs

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when, at a specified field strength con- which at the same time is not greater tour with respect to the desired sta- than the smallest signal included in tion, the field strength of an undesired the RSS value of interference from ex- station (co-channel or first adjacent isting stations. channel, after application of proper (5) It is recognized that application of protection ratio) exceeds for 10% or the above ‘‘50% exclusion’’ method (or more of the time the values set forth in any exclusion method using a per cent these standards. The value derived value greater than zero) of calculating from the root-sum-square of all inter- the RSS interference may result in ference contributions represents the some cases in anomalies wherein the extent of a station’s interference-free addition of a new interfering signal or coverage. the increase in value of an existing (1) With respect to the root-sum- interfering signal will cause the exclu- square (RSS) values of interfering field sion of a previously included signal and strengths referred to in this section, may cause a decrease in the calculated calculation of nighttime interference- RSS value of interference. In order to free service is accomplished by consid- provide the Commission with more re- ering the signals on the three channels alistic information regarding gains and of concern (co- and first adjacencies) in losses in service (as a basis for deter- order of decreasing magnitude, adding mination of the relative merits of a the squares of the values and extract- proposed operation) the following al- ing the square root of the sum, exclud- ternate method for calculating the pro- ing those signals which are less than posed RSS values of interference will 50% of the RSS values of the higher be employed wherever applicable. signals already included. (6) In the cases where it is proposed (2) With respect to the root-sum- to add a new interfering signal which is square values of interfering field not less than 50% (or 25%, depending on strengths referred to in this section, which study is being performed) of the calculation of nighttime interference RSS value of interference from exist- for non-coverage purposes is accom- ing stations or which is greater that plished by considering the signals on the smallest signal already included to the three channels of concern (co- and obtain this RSS value, the RSS limita- first adjacencies) in order of decreasing tion after addition of the new signal magnitude, adding the squares of the shall be calculated without excluding values and extracting the square root any signal previously included. Simi- of the sum, excluding those signals larly, in cases where it is proposed to which are less than 25% of the RSS val- increase the value of one of the exist- ues of the higher signals already in- ing interfering signals which has been cluded. included in the RSS value, the RSS (3) With respect to the root-sum- limitation after the increase shall be square values of interfering field calculated without excluding the inter- strengths referred to in this section, ference from any source previously in- calculation is accomplished by consid- cluded. ering the signals on the three channels (7) If the new or increased signal proof concern (co- and first adjacencies) in posed in such cases is ultimately au- order of decreasing magnitude, adding thorized, the RSS values of inter- the squares of the values and extract- ference to other stations affected will ing the square root of the sum. The 0% thereafter be calculated by the ‘‘50% exclusion method applies only to the exclusion’’ (or 25% exclusion, depend- determination of an improvement fac- ing on which study is being performed) tor value for evaluating a station’s eli- method without regard to this alter- gibility for migration to the band 1605– nate method of calculation. 1705 kHz. (8) Examples of RSS interference cal- (4) The RSS value will not be consid- culations: ered to be increased when a new inter- (i) Existing interferences: fering signal is added which is less than Station No. 1—1.00 mV/m. the appropriate exclusion percentage Station No. 2—0.60 mV/m. as applied to the RSS value of the in- Station No. 3—0.59 mV/m. terference from existing stations, and Station No. 4—0.58 mV/m.

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The RSS value from Nos. 1, 2 and 3 is 1.31 posite such class in paragraph (q) of mV/m; therefore interference from No. 4 is this section. excluded for it is less than 50% of 1.31 mV/m. (m) For the purpose of estimating the (ii) Station A receives interferences coverage and the interfering effects of from: stations in the absence of field strength measurements, use shall be Station No. 1—1.00 mV/m. made of Figure 8 of § 73.190, which de- Station No. 2—0.60 mV/m. Station No. 3—0.59 mV/m. scribes the estimated effective field It is proposed to add a new limitation, 0.68 (for 1 kW power input) of simple mV/m. This is more than 50% of 1.31 mV/m, vertical omnidirectional antennas of the RSS value from Nos. 1, 2 and 3. The RSS various heights with ground systems value of Station No. 1 and of the proposed having at least 120 quarter-wavelength station would be 1.21 m/Vm which is more radials. Certain approximations, based than twice as large as the limitation from on the curve or other appropriate the- Station No. 2 or No. 3. However, under the ory, may be made when other than above provision the new signal and the three such antennas and ground systems are existing interferences are nevertheless calculated for purposes of comparative studies, employed, but in any event the effec- resulting in an RSS value of 1.47 mV/m. How- tive field to be employed shall not be ever, if the proposed station is ultimately less than the following: authorized, only No. 1 and the new signal are Effective included in all subsequent calculations for Class of station field the reason that Nos. 2 and 3 are less than (at 1 km) 50% of 1.21 mV/m, the RSS value of the new signal and No. 1. All Class A (except Alaskan) ...... 275 mV/m. Class A (Alaskan), B and D ...... 215 mV/m. (iii) Station A receives interferences Class C ...... 180 mV/m. from: Note (1): When a directional antenna is employed, the radiated signal of a broadcasting station will vary in strength in Station No. 1—1.00 mV/m. different directions, possibly being greater than the above val- Station No. 2—0.60 mV/m. ues in certain directions and less in other directions depending upon the design and adjustment of the directional antenna Station No. 3—0.59 mV/m. system. To determine the interference in any direction, the No. 1 proposes to increase the limitation it measured or calculated radiated field (unattenuated field strength at 1 kilometer from the array) must be used in con- imposes on Station A to 1.21 mV/m. Although junction with the appropriate propagation curves. (See the limitations from stations Nos. 2 and 3 § 73.185 for further discussion and solution of a typical direc- are less than 50% of the 1.21 mV/m limita- tional antenna case.) Note (2): For Class B stations in Alaska, Hawaii, Puerto tion, under the above provision they are nev- Rico, and the U.S. Virgin Islands, 180 mV/m shall be used. ertheless included for comparative studies, and the RSS limitation is calculated to be (n) The existence or absence of objec- 1.47 mV/m. However, if the increase proposed tionable groundwave interference from by Station No. 1 is authorized, the RSS value stations on the same or adjacent chan- then calculated is 1.21 mV/m because Sta- nels shall be determined by actual tions Nos. 2 and 3 are excluded in view of the measurements made in accordance fact that the limitations they impose are with the method described in § 73.186, or less than 50% of 1.21 mV/m. in the absence of such measurements, NOTE: The principles demonstrated in the by reference to the propagation curves previous examples for the calculation of the of § 73.184. The existence or absence of 50% exclusion method also apply to calcula- objectionable interference due to tions using the 25% exclusion method after skywave propagation shall be deter- appropriate adjustment. mined by reference to Formula 2 in (l) Objectionable nighttime inter- § 73.190. ference from a station shall be consid- (o) Computation of skywave field ered to exist to a station when, at the strength values:—(1) Fifty percent field strength contour specified in skywave field strength values (clear chan- paragraph (q) of this section with re- nel). In computing the fifty percent spect to the class to which the station skywave field strength values of a belongs, the field strength of an inter- Class A clear channel station, use shall fering station operating on the same be made of Formula 1 of § 73.190, enti- channel or on a first adjacent channel tled ‘‘Skywave Field Strength’’ for 50 after signal adjustment using the prop- percent of the time. er protection ratio, exceeds for 10% or (2) Ten percent skywave field strength more of the time the value of the per- values. In computing the 10% skywave missible interfering signal set forth op- field strength for stations on a single

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signal or an RSS basis, Formula 2 in any frequency may be determined from § 73.190 shall be used. the appropriate curves in § 73.184 enti- (3) Determination of angles of depar- tled ‘‘Ground Wave Field Strength vs. ture. In calculating skywave field Distance.’’ strength for stations on all channels, (q) Normally protected service con- the pertinent vertical angle shall be tours and permissible interference sig- determined by use of the formula in nals for broadcast stations are as fol- § 73.190(d). lows (for Class A stations, see also (p) The distance to any specified paragraph (a) of this section): groundwave field strength contour for

Signal strength contour of area protected from Permissible interfering signal objectionable interference [remove footnote reference] (μV/m) Class of chan- μ Class of station nel used ( V/m) Day 1 Night 2 Day 1 Night

A ...... Clear ...... SC 100 ...... SC 500 50% SW ...... SC 5 ...... SC 25. AC 500 ...... AC 500 GW ...... AC 250 ...... AC 250. A (Alaskan) ...... do ...... SC 100 ...... SC 100 50% SW ...... SC 5 ...... SC 5...... AC 500 ...... AC 500 GW ...... AC 250 ...... AC 250. B ...... Clear ...... 500 ...... 2000 1 ...... 25 ...... 25. Regional ...... AC 250 ...... 250. C ...... Local ...... 500 ...... No presc.3 ...... SC 25 ...... Not presc. D ...... Clear ...... 500 ...... Not presc...... SC 25 ...... Not presc. Regional ...... AC 250. 1 Groundwave. 2 Skywave field strength for 10 percent or more of the time. 3 During nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400, 1450, and 1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations.

NOTE: SC = Same channel; AC = Adjacent ratio of the field strength of a desired channel; SW = Skywave; GW = Groundwave to an undesired signal. This table shall (r) The following table of logarithmic be used in conjunction with the pro- expressions is to be used as required for tected contours specified in paragraph determining the minimum permissible (q) of this section.

Desired Groundwave to: Frequency separation of desired to undesired Desired 50% Skywave signals (kHz) Undesired groundwave Undesired 10% to Undesired 10% (dB) Skywave (dB) Skywave (dB)

0 ...... 26 26 26 10 ...... 6 6 not presc.

(s) Two stations, one with a fre- consideration when authorizing sta- quency twice of the other, should not tions. be assigned in the same groundwave (t) The groundwave service of two service area unless special precautions stations operating with synchronized are taken to avoid interference from carriers and broadcasting identical pro- the second harmonic of the station op- grams will be subject to some distor- erating on the lower frequency. Addi- tion in areas where the signals from tionally, in selecting a frequency, con- the two stations are of comparable sideration should be given to the fact strength. For the purpose of estimating that occasionally the frequency assign- coverage of such stations, areas in ment of two stations in the same area may bear such a relation to the inter- which the signal ratio is between 1:2 mediate frequency of some broadcast and 2:1 will not be considered as receiv- receivers as to cause ‘‘image’’ inter- ing satisfactory service. ference, However, since this can usu- NOTE: Two stations are considered to be ally be rectified by readjustment of the operated synchronously when the carriers intermediate frequency of such receivers, the Commission, in general, will not take this kind of interference into

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are maintained within 0.2 Hz of each other ceptable measurements have not been and they transmit identical program s. made. [56 FR 64862, Dec. 12, 1991; 57 FR 43290, Sept. (2) For determinations of inter- 18, 1992, as amended at 58 FR 27950, May 12, ference and service requiring a knowl- 1993; 81 FR 2759, Jan. 19, 2016] edge of ground conductivities in other countries, the ground conductivity § 73.183 Groundwave signals. maps comprising Appendix 1 to Annex 2 (a) Interference that may be caused of each of the following international by a proposed assignment or an exist- agreements may be used: ing assignment during daytime hours (i) For Canada, the U.S.-Canada AM Agreement, 1984; should be determined, when possible, (ii) For Mexico, the U.S.-Mexico AM by measurements on the frequency in- Agreement, 1986; and volved or on another frequency over (iii) For other Western Hemisphere the same terrain and by means for the countries, the Regional Agreement for curves in § 73.184 entitled ‘‘Ground the Medium Frequency Broadcasting Wave Field Strength versus Distance.’’ Service in Region 2. NOTE: Groundwave field strength measure- Where different conductivities appear ments will not be accepted or considered for in the maps of two countries on oppo- the purpose of establishing that interference site sides of the border, such dif- to a station in a foreign country other than ferences are to be considered as real, Canada, or that the field strength at the bor- even if they are not explained by geo- der thereof, would be less than indicated by physical cleavages. the use of the ground conductivity maps and (c) Example of determining inter- engineering standards contained in this part and applicable international agreements. ference by the graphs in § 73.184: Satisfactory groundwave measurements of- It is desired to determine whether objec- fered for the purpose of demonstrating val- tionable interference exists between a pro- ues of conductivity other than those shown posed 5 kW Class B station on 990 kHz and an by Figure M3 in problems involving protec- existing 1 kW Class B station on first adja- tion of Canadian stations will be considered cent channel, 1000 kHz. The distance between only if, after review thereof, the appropriate the two stations is 260 kilometers and both agency of the Canadian government notifies stations operate nondirectionally with an- the Commission that they are acceptable for tenna systems that produce a horizontal ef- such purpose. fective field of 282 in mV/m at one kilometer. (See § 73.185 regarding use of directional an- (b)(1) In all cases where measure- tennas.) The ground conductivity at the site ments taken in accordance with the re- of each station and along the intervening quirements are not available, the terrain is 6 mS/m. The protection to Class B groundwave strength must be deter- stations during daytime is to the 500 μV/m mined by means of the pertinent map (0.5 Vm) contour using a 6 dB protection fac- of ground conductivity and the tor. The distance to the 500 μV/m groundwave curves of field strength groundwave contour of the 1 kW station is determined by the use of the appropriate versus distance. The conductivity of a curve in § 73.184. Since the curve is plotted given terrain may be determined by for 100 mV/m at a 1 kilometer, to find the measurements of any broadcast signal distance of the 0.5 mV/m contour of the 1 kw traversing the terrain involved. Figure station, it is necessary to determine the dis- M3 (See Note 1) shows the conductivity tance to the 0.1773 m/Vm contour. throughout the United States by gen- (100 × 0.5 / 282 = 0.1773) eral areas of reasonably uniform con- Using the 6 mS/m curve, the estimated ra- ductivity. When it is clear that only dius of the 0.5 mV/m contour is 62.5 kilo- one conductivity value is involved, meters. Subtracting this distance from the Figure R3 of § 73.190, may be used. It is distance between the two stations leaves a replica of Figure M3, and is contained 197.5 kilometers. Using the same propagation in these standards. In all other situa- curve, the signal from the 5 kW station at tions Figure M3 must be employed. It this distance is seen to be 0.059 mV/m. Since is recognized that in areas of limited a protection ratio of 6 dB, desired to undesired signal, applies to stations sepa- size or over a particular path, the con- rated by 10 kHz, the undesired signal could ductivity may vary widely from the have had a value of up to 0.25 mV/m without values given; therefore, these maps are causing objectionable interference. For co- to be used only when accurate and ac- channel studies, a desired to undesired signal

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ratio of no less than 20:1 (26 dB) is required nearer to the transmitter. Continuing on the to avoid causing objectionable interference. propagation curve, the distance to a field strength of 0.5 mV/m is found to be 36.11 kilo- (d) Where a signal traverses a path meters. over which different conductivities The actual length of the path travelled, exist, the distance to a particular however, is 41.19 (36.11 + 5.08) kilometers. groundwave field strength contour Continuing on this propagation curve to the shall be determined by the use of the conductivity change at 44.92 (50.00¥5.08) kil- equivalent distance method. Reason- ometers, the field strength is found to be ably accurate results may be expected 0.304 mV/m. On the 15 mS/m propagation in determining field strengths at a dis- curve, the equivalent distance to this field tance from the antenna by application strength is 82.94 kilometers, which changes of the equivalent distance method the effective path length by 38.02 (82.94¥44.92) kilometers. Continuing on this when the unattenuated field of the an- propagation curve, the distance to a field tenna, the various ground conductiv- strength of 0.025 mV/m is seen to be 224.4 kil- ities and the location of discontinuities ometers. The actual length of the path trav- are known. This method considers a elled, however, is 191.46 (224.4 + 5.08¥38.02) wave to be propagated across a given kilometers. conductivity according to the curve for [28 FR 13574, Dec. 14, 1963, as amended at 44 a homogeneous earth of that conduc- FR 36037, June 20, 1979; 48 FR 9011, Mar. 3, tivity. When the wave crosses from a 1983; 50 FR 18822, May 2, 1985; 50 FR 24522, region of one conductivity into a re- June 11, 1985; 51 FR 9965, Mar. 24, 1986; 54 FR gion of a second conductivity, the 39736, Sept. 28, 1989; 56 FR 64866, Dec. 12, 1991; equivalent distance of the receiving 57 FR 43290, Sept. 18, 1992] point from the transmitter changes abruptly but the field strength does § 73.184 Groundwave field strength not. From a point just inside the sec- graphs. ond region the transmitter appears to (a) Graphs 1 to 20 show, for each of 20 be at that distance where, on the curve frequencies, the computed values of for a homogeneous earth of the second groundwave field strength as a func- conductivity, the field strength equals tion of groundwave conductivity and the value that occurred just across the distance from the source of radiation. boundary in the first region. Thus the The groundwave field strength is con- equivalent distance from the receiving sidered to be that part of the vertical point to the transmitter may be either component of the electric field which greater or less than the actual dis- has not been reflected from the tance. An imaginary transmitter is ionosphere nor from the troposphere. considered to exist at that equivalent These 20 families of curves are plotted distance. This technique is not in- on log-log graph paper and each is to be tended to be used as a means of evalu- used for the range of frequencies shown ating unattenuated field or ground con- thereon. Computations are based on a ductivity by the analysis of measured dielectric constant of the ground (re- data. The method to be employed for ferred to air as unity) equal to 15 for such determinations is set out in land and 80 for sea water and for the § 73.186. ground conductivities (expressed in (e) Example of the use of the equiva- mS/m) given on the curves. The curves lent distance method; show the variation of the groundwave field strength with distance to be ex- It is desired to determine the distance to the 0.5 mV/m and 0.025 mV/m contours of a pected for transmission from a vertical station on a frequency of 1000 kHz with an antenna at the surface of a uniformly inverse distance field of 100 mV/m at one kil- conducting spherical earth with the ometer being radiated over a path having a groundwave constants shown on the conductivity of 10 mS/m for a distance of 20 curves. The curves are for an antenna kilometers, 5 mS/m for the next 30 kilo- power of such efficiency and current meters and 15 mS/m thereafter. Using the ap- distribution that the inverse distance propriate curve in § 73.184, Graph 12, at a dis- (unattenuated) field is 100 mV/m at 1 tance of 20 kilometers on the curve for 10 mS/m, the field strength is found to be 2.84 kilometer. The curves are valid for dis- mV/m. On the 5mS/m curve, the equivalent tances that are large compared to the distance to this field strength is 14.92 kilo- dimensions of the antenna for other meters, which is 5.08 (20¥14.92 kilometers than short vertical antennas.

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(b) The inverse distance field (100 mV/ Graph with the 1 kilometer abscissa on m divided by the distance in kilo- the plotted graph determines the in- meters) corresponds to the groundwave verse distance field strength at 1 kilo- field intensity to be expected from an meter. For other values of dielectric antenna with the same radiation effi- constant, the following procedure may ciency when it is located over a per- be used to determine the dielectric fectly conducting earth. To determine constant of the ground, the ground the value of the groundwave field in- conductivity and the inverse distance tensity corresponding to a value of in- field strength at 1 kilometer. Graph 21 verse distance field other than 100 mV/ gives the relative values of groundwave m at 1 kilometer, multiply the field field strength over a plane earth as a strength as given on these graphs by function of the numerical distance p the desired value of inverse distance and phase angle b. On graph paper with field at 1 kilometer divided by 100; for coordinates similar to those of Graph example, to determine the groundwave 21, plot the measured values of field field strength for a station with an in- strength as ordinates versus the cor- verse distance field of 2700 mV/m at 1 responding distances from the antenna kilometer, simply multiply the values in kilometers as abscissae. The data given on the charts by 27. The value of should be plotted only for distances the inverse distance field to be used for greater than one wavelength (or, when a particular antenna depends upon the this is greater, five times the vertical power input to the antenna, the nature height of the antenna in the case of a of the ground in the neighborhood of nondirectional antenna or 10 times the the antenna, and the geometry of the spacing between the elements of a di- antenna. For methods of calculating rectional antenna) and for distances the interrelations between these vari- less than 80f1/3 MHz kilometers (i.e., 80 ables and the inverse distance field, see kilometers at 1 MHz). Then, using a ‘‘The Propagation of Radio Waves Over light box, place the plotted graph over the Surface of the Earth and in the Graph 21 and shift the plotted graph Upper Atmosphere,’’ Part II, by Mr. vertically and horizontally (making K.A. Norton, Proc. I.R.E., Vol. 25, Sep- sure that the vertical lines on both tember 1937, pp. 1203–1237. sheets are parallel) until the best fit NOTE: The computed values of field with the data is obtained with one of strength versus distance used to plot Graphs the curves on Graph 21. When the two 1 to 20 are available in tabular form. For in- sheets are properly lined up, the value formation on obtaining copies of these tab- of the field strength corresponding to ulations call or write the Consumer Affairs the intersection of the inverse distance Office, Federal Communications Commis- line of Graph 21 with the 1 kilometer sion, Washington, DC 20554, (202) 632–7000. abscissa on the data sheet is the in- (c) Provided the value of the dielec- verse distance field strength at 1 kilo- tric constant is near 15, the ground meter, and the values of the numerical conductivity curves of Graphs 1 to 20 distance at 1 kilometer, p1, and of b are may be compared with actual field also determined. Knowing the values of strength measurement data to deter- b and p1 (the numerical distance at one mine the appropriate values of the kilometer), we may substitute in the ground conductivity and the inverse following approximate values of the distance field strength at 1 kilometer. ground conductivity and dielectric con- This is accomplished by plotting the stant. measured field strengths on transparent log-log graph paper similar to π ⎛ R⎞ x ≅⋅ ⋅ cosb (Eq. 1) that used for Graphs 1 to 20 and super- ⎝ λ ⎠ imposing the plotted graph over the p 1 Graph corresponding to the frequency (R/λ)1 = Number of wavelengths in 1 of the station measured. The plotted kilometer, graph is then shifted vertically until the plotted measurement data is best * * * * * aligned with one of the conductivity curves on the Graph; the intersection fMHz = frequency expressed in mega- of the inverse distance line on the hertz,

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NOTE: The referenced graphs are not pub- εχ≅−tan b 1 (Eq. 3) lished in the CFR, nor will they be included in the Commission’s automated rules sys- e = dielectric constant on the ground tem. For information on obtaining copies of referred to air as unity. the graphs call or write the Consumer Af- First solve for c by substituting the fairs Office, Federal Communications Com- known values of p1, (R/λ)1, and cos b in mission, Washington, DC 20554, Telephone: equation (1). Equation (2) may then be (202) 632–7000. solved for d and equation (3) for e. At [28 FR 13574, Dec. 14, 1963, as amended at 50 distances greater than 80/f1/3 MHz kilo- FR 18823, May 2, 1985; 51 FR 45891, Dec. 23, meters the curves of Graph 21 do not 1986; 52 FR 36878, Oct. 1, 1987; 56 FR 64866, give the correct relative values of field Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992] strength since the curvature of the earth weakens the field more rapidly § 73.185 Computation of interfering than these plane earth curves would in- signal. dicate. Thus, no attempt should be (a) Measured values of radiation are made to fit experimental data to these not to be used in calculating overlap, curves at the larger distances. interference, and coverage. (1) In the case of an antenna which is NOTE: For other values of dielectric constant, use can be made of the computer pro- intended to be non-directional in the gram which was employed by the FCC in horizontal plane, an ideal non-direc- generating the curves in Graphs 1 to 20. For tional radiation pattern shall be used information on obtaining a printout of this in determining interference, overlap, program, call or write the Consumer Affairs and coverage, even if the antenna is Office, Federal Communications Commis- not actually non-directional. sion, Washington, DC 200554, (202) 632–7000. (2) In the case of an antenna which is (d) At sufficiently short distances directional in the horizontal plane, the (less than 55 kilometers at AM broad- radiation which shall be used in deter- cast frequencies), such that the cur- mining interference, overlap, and cov- vature of the earth does not introduce erage is that calculated pursuant to an additional attenuation of the waves, § 73.150 or § 73.152, depending on whether the curves of Graph 21 may be used to the station has a standard or modified determine the groundwave field standard pattern. strength of transmitting and receiving (3) In the case of calculation of inter- antennas at the surface of the earth for ference or overlap to (not from) a for- any radiated power, frequency, or set eign station, the notified radiation of ground constants. First, trace the shall be used, even if the notified radi- straight inverse distance line cor- ation differs from that in paragraphs responding to the power radiated on (a) (1) or (2) of this section. transparent log-log graph paper similar (b) For skywave signals from stations to that of Graph 21, labelling the operating on all channels, interference ordinates of the chart in terms of field shall be determined from the appro- strength, and the abscissae in terms of priate formulas and Figure 6a con- distance. Next, using the formulas tained in § 73.190. given on Graph 21, calculate the value (c) The formulas in § 73.190(d) de- of the numerical distance, p, at 1 kilo- picted in Figure 6a of § 73.190, entitled meter, and the value of b. Then super- ‘‘Angles of Departure versus Trans- impose the log-log graph paper over mission Range’’ are to be used in deter- Graph 21, shifting it vertically until mining the angles in the vertical pat- both inverse distance lines coincide tern of the antenna of an interfering and shifting it horizontally until the station to be considered as pertinent to numerical distance at 1 kilometer on transmission by one reflection. To pro- Graph 21 coincides with 1 kilometer on vide for variation in the pertinent the log-log graph paper. The curve of vertical angle due to variations of Graph 21 corresponding to the cal- ionosphere height and ionosphere scat- culated value of b is then traced on the tering, the curves 2 and 3 indicate the log-log graph paper giving the field upper and lower angles within which strength versus distance in kilometers. the radiated field is to be considered. (e) This paragraph consists of the fol- The maximum value of field strength lowing Graphs 1 to 20 and 21. occurring between these angles shall be

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used to determine the multiplying fac- (f) In performing calculations to de- tor to apply to the 10 percent skywave termine permissible radiation from field intensity value determined from stations operating presunrise or Formula 2 in § 73.190. The multiplying postsunset in accordance with § 73.99, factor is found by dividing the max- calculated diurnal factors will be mul- imum radiation between the pertinent tiplied by the values of skywave field angles by 100 mV/m. strength for such stations obtained (d) Example of the use of skywave from Formula 1 or 2 of § 73.190. curves and formulas: Assume a pro- (1) The diurnal factor is determined posed new Class B station from which using the time of day at the mid-point interference may be expected is located of path between the site of the inter- at a distance of 724 kilometers from a fering station and the point at which licensed Class B station. The proposed interference is being calculated. Diur- nal factors are computed using the for- station specifies geographic coordi- mula D = a + bF + cF2 + dF3 where: nates of 40°00′00″ N and 100°00′00″ W and f the station to be protected is located Df represents the diurnal factor, at an azimuth of 45° true at geographic F is the frequency in MHz, ° ′ ″ ° ′ ″ a,b,c, and d are constants obtained from the coordinates of 44 26 05 N and 93 32 54 tables in paragraph (k)(2) W. The critical angles of radiation as determined from Figure 6a of § 73.190 A diurnal factor greater than one will for use with Class B stations are 9.6° not be used in calculations and inter- and 16.6°. If the vertical pattern of the polation is to be used between cal- antenna of the proposed station in the culated values where necessary. For direction of the existing station is such reference purposes, curves for that, between the angles of 9.6° and presunrise and postsunset diurnal fac- 16.6° above the horizon the maximum tors are contained in Figures 13 and 14 radiation is 260 mV/m at one kilometer, of § 73.190. the value of the 50% field, as derived (2) Constants used in calculating di- from Formula 1 of § 73.190, is 0.06217 urnal factors for the presunrise and mV/m at the location of the existing postsunset periods are contained in station. To obtain the value of the 10% paragraphs (f)(2) (i) and (ii) of this sec- field, the 50% value must be adjusted tion respectively. The columns labeled by a factor derived from Formula 2 of Tmp represent the number of hours be- § 73.190. The value in this case is 8.42 fore and after sunrise and sunset at the dB. Thus, the 10% field is 0.1616 mV/m. path midpoint. Using this in conjunction with the co- (i) PRESUNRISE CONSTANTS channel protection ratio of 26 dB, the

resultant nighttime limit from the pro- Tmp a b c d posed station to the licensed station is ¥2 ...... 1.3084 .0083 ¥.0155 .0144 3.232 mV/m. ¥1.75 ...... 1.3165 ¥.4919 .6011 ¥.1884 (e) In the case of an antenna which is ¥1.5 ...... 1.0079 .0296 .1488 ¥.0452 ¥1.25 ...... 7773 .3751 ¥.1911 .0736 non-directional in the horizontal plane, ¥1 ...... 6230 .1547 .2654 ¥.1006 the vertical distribution of the relative ¥.75 ...... 3718 .1178 .3632 ¥.1172 fields should be computed pursuant to ¥.5 ...... 2151 .0737 .4167 ¥.1413 ¥.25 ...... 2027 ¥.2560 .7269 ¥.2577 § 73.160. In the case of an antenna which SR ...... 1504 ¥.2325 .5374 ¥.1729 is directional in the horizontal plane, + .25 ...... 1057 ¥.2092 .4148 ¥.1239 the vertical pattern in the great circle + 5...... 0642 ¥.1295 .2583 ¥.0699 + .75 ...... 0446 ¥.1002 .1754 ¥.0405 direction toward the point of reception + 1...... 0148 .0135 .0462 .0010 in question must first be calculated. In cases where the radiation in the (ii) POSTSUNSET CONSTANTS vertical plane, at the pertinent azi-

muth, contains a large lobe at a higher Tmp a b c d angle than the pertinent angle for one 1.75 ...... 9495 ¥.0187 .0720 ¥.0290 reflection, the method of calculating 1.5 ...... 7196 .3583 ¥.2280 .0611 interference will not be restricted to 1.25 ...... 6756 .1518 .0279 ¥.0163 that just described; each such case will 1.0 ...... 5486 .1401 .0952 ¥.0288 .75 ...... 3003 .4050 ¥.0961 .0256 be considered on the basis of the best .5 ...... 1186 .4281 ¥.0799 .0197 knowledge available. .25 ...... 0382 .3706 ¥.0673 .0171

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Tmp a b c d (1) Beginning as near to the antenna as possible without including the in- SS ...... 0002 .3024 ¥.0540 .0086 ¥.25 ...... 0278 .0458 .1473 ¥.0486 duction field and to provide for the fact ¥.5 ...... 0203 .0132 .1166 ¥.0340 that a broadcast antenna is not a point ¥.75 ...... 0152 ¥.0002 .0786 ¥.0185 source of radiation (not less than one ¥1.0 ...... ¥.0043 .0452 ¥.0040 .0103 wave length or 5 times the vertical ¥1.25 ...... 0010 .0135 .0103 .0047 height in the case of a single element, ¥1.5 ...... 0018 .0052 .0069 .0042 ¥1.75 ...... ¥.0012 .0122 ¥.0076 .0076 i.e., nondirectional antenna or 10 times ¥2.0 ...... ¥.0024 .0141 ¥.0141 .0091 the spacing between the elements of a directional antenna), measurements shall be made on six or more radials, at EDITORIAL NOTE: At 56 FR 64867, Dec. 12, 1991, § 73.185 was amended by redesignating intervals of approximately 0.2 kilo- paragraphs (d), (e), (h), and (k) as (c), (d), (e), meter up to 3 kilometers from the an- and (f), resulting in two consecutive para- tenna, at intervals of approximately graph (f)’s. These paragraphs will be cor- one kilometer from 3 kilometers to 5 rectly designated by a Federal Communica- kilometers from the antenna, at inter- tion Commission document published in the vals of approximately 2 kilometers FEDERAL REGISTER at a later date. from 5 kilometers to 15 kilometers (f) For stations operating on regional from the antenna, and a few additional and local channels, interfering measurements if needed at greater dis- skywave field intensities shall be de- tances from the antenna. Where the an- termined in accordance with the proce- tenna is rurally located and unob- dure specified in (d) of this section and structed measurements can be made, illustrated in (e) of this section, except there shall be at least 15 measurements that Figure 2 of § 73.190 is used in place on each radial. These shall include at of Figure 1a and 1b and the formulas of least 7 measurements within 3 kilo- § 73.190. In using Figure 2 of § 73.190, one meters of the antenna. However, where additional parameter must be consid- the antenna is located in a city where ered, i.e., the variation of received field unobstructed measurements are dif- with the latitude of the path. ficult to make, measurements shall be (g) Figure 2 of § 73.190, ‘‘10 percent made on each radial at as many unob- Skywave Signal Range Chart,’’ shows structed locations as possible, even the signal as a function of the latitude though the intervals are considerably of the transmission path, which is de- less than stated above, particularly fined as the geographic latitude of the within 3 kilometers of the antenna. In midpoint between the transmitter and cases where it is not possible to obtain receiver. When using Figure 2 of accurate measurements at the closer § 73.190, latitude 35° should be used in distances (even out to 8 or 10 kilo- case the mid-point of the path lies meters due to the character of the in- below 35° North and latitude 50° should tervening terrain), the measurements be used in case the mid-point of the at greater distances should be made at path lies above 50° North. closer intervals. [30 FR 13783, Oct. 29, 1965, as amended at 33 (2) The data required by paragraph FR 15420, Oct. 17, 1968; 46 FR 11995, Feb. 12, (a)(1) of this section should be plotted 1981; 48 FR 42958, Sept. 20, 1983; 50 FR 18843, for each radial in accordance with ei- May 2, 1985; 56 FR 64867, Dec. 12, 1991] ther of the two methods set forth below: § 73.186 Establishment of effective (i) Using log-log coordinate paper, field at one kilometer. plot field strengths as ordinate and dis- (a) Section 73.189 provides that cer- tance as abscissa. tain minimum field strengths are ac- (ii) Using semi-log coordinate paper, ceptable in lieu of the required min- plot field strength times distance as or- imum physical heights of the antennas dinate on the log scale and distance as proper. Also, in other situations, it abscissa on the linear scale. may be necessary to determine the ef- (3) However, regardless of which of fective field. The following require- the methods in paragraph (a)(2) of this ments shall govern the taking and subsection is employed, the proper curve mission of data on the field strength to be drawn through the points plotted produced: shall be determined by comparison

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with the curves in § 73.184 as follows: (6) Antenna current or currents Place the sheet on which the actual maintained during field strength meas- points have been plotted over the ap- urements. propriate Graph in § 73.184, hold to the (c) Maps showing each measurement light if necessary and adjust until the point numbered to agree with the re- curve most closely matching the points quired tabulation shall be retained in is found. This curve should then be the station records and shall be avail- drawn on the sheet on which the points able to the FCC upon request. were plotted, together with the inverse [28 FR 13574, Dec. 14, 1963, as amended at 41 distance curve corresponding to that FR 44178, Oct. 7, 1976; 46 FR 11995, Feb. 12, curve. The field at 1 kilometer for the 1981; 49 FR 49851, Dec. 24, 1984; 50 FR 18843, radial concerned shall be the ordinate May 2, 1985; 50 FR 47055, Nov. 14, 1985; 51 FR on the inverse distance curve at 1 kilo- 2707, Jan. 21, 1986; 52 FR 10570, Apr. 2, 1987; 66 FR 20757, Apr. 25, 2001] meter. (4) When all radials have been ana- § 73.187 Limitation on daytime radi- lyzed in accordance with paragraph ation. (a)(3) of this section, a curve shall be (a)(1) Except as otherwise provided in plotted on polar coordinate paper from paragraphs (a)(2) and (3) of this section, the fields obtained, which gives the in- no authorization will be granted for a verse distance field pattern at 1 kilo- Class B or Class D station on a fre- meter. The radius of a circle, the area quency specified in § 73.25 if the proof which is equal to the area bounded posed operation would radiate during by this pattern, is the effective field. the period of critical hours (the two (See § 73.14.) hours after local sunrise and the two (5) The antenna power of the station hours before local sunset) toward any shall be maintained at the authorized point on the 0.1 mV/m contour of a co- level during all field measurements. channel U.S. Class A station, at or The power determination will be made below the pertinent vertical angle de- using the direct method as described in termined from Curve 2 of Figure 6a of § 73.51(a) with instruments of accept- § 73.190, values in excess of those ob- able accuracy specified in § 73.1215. tained as provided in paragraph (b) of (b) Complete data taken in conjunc- this section. tion with the field strength measure- (2) The limitation set forth in para- ments shall be submitted to the Com- graph (a)(1) of this section shall not mission in affidavit form including the apply in the following cases: following: (i) Any Class B or Class D operation (1) Tabulation by number of each authorized before November 30, 1959; or point of measurement to agree with (ii) For Class B and Class D stations the maps required in paragraph (c) of authorized before November 30, 1959, this section, the date and time of each subsequent changes of facilities which measurement, the field strength (E), do not involve a change in frequency, the distance from the antenna (D) and an increase in radiation toward any the product of the field strength and point on the 0.1 mV/m contour of a co- channel U.S. Class A station, or the distance (ED) (if data for each radial move of transmitter site materially are plotted on semilogarithmic paper, closer to the 0.1 mV/m contour of such see paragraph (a)(2)(ii) of this section) Class A station. for each point of measurement. (3) A Class B or Class D station au- (2) Description of method used to thorized before November 30, 1959, and take field strength measurements. subsequently authorized to increase (3) The family of theoretical curves daytime radiation in any direction to- used in determining the curve for each ward the 0.1 mV/m contour of a co- radial properly identified by conduc- channel U.S. Class A station (without a tivity and dielectric constants. change in frequency or a move of trans- (4) The curves drawn for each radial mitter site materially closer to such and the field strength pattern. contour), may not, during the two (5) The antenna resistance at the op- hours after local sunrise or the two erating frequency. hours before local sunset, radiate in

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such directions a value exceeding the fkHz K500 K1000 higher of: 940 ...... 0.120 0.880 (i) The value radiated in such direc- 990 ...... 0.020 0.980 tions with facilities last authorized before November 30, 1959, or (2) Frequencies above 1000 kHz. (ii) The limitation specified in paragraph (a)(1) of this section. f′kHz K′1000 K′1600 (b) To obtain the maximum permis- 1010 ...... 0.983 0.017 sible radiation for a Class B or Class D 1020 ...... 0.967 0.033 station on a given frequency from 640 1030 ...... 0.950 0.050 1040 ...... 0.933 0.067 through 990 kHz, multiply the radi- 1050 ...... 0.917 0.083 ation value obtained for the given dis- 1060 ...... 0.900 0.100 tance and azimuth from the 500 kHz 1070 ...... 0.883 0.117 1080 ...... 0.867 0.133 chart (Figure 9 of § 73.190) by the appro- 1090 ...... 0.850 0.150 priate interpolation factor shown in 1100 ...... 0.833 0.167 1110 ...... 0.817 0.183 the K500 column of paragraph (c) of this 1120 ...... 0.800 0.200 section; and multiply the radiation 1130 ...... 0.783 0.217 value obtained for the given distance 1140 ...... 0.767 0.233 and azimuth from the 1000 kHz chart 1160 ...... 0.733 0.267 1170 ...... 0.717 0.283 (Figure 10 of § 73.190) by the appropriate 1180 ...... 0.700 0.300 interpolation factor shown in the K1000 1190 ...... 0.683 0.317 column of paragraph (c) of this section. 1200 ...... 0.667 0.333 1210 ...... 0.650 0.350 Add the two products thus obtained; 1220 ...... 0.633 0.367 the result is the maximum radiation 1500 ...... 0.167 0.833 value applicable to the Class B or Class 1510 ...... 0.150 0.850 D station in the pertinent directions. 1520 ...... 0.133 0.867 1530 ...... 0.117 0.883 For frequencies from 1010 to 1580 kHz, 1540 ...... 0.100 0.900 obtain in a similar manner the proper 1550 ...... 0.083 0.917 radiation values from the 1000 and 1600 1560 ...... 0.067 0.933 1570 ...... 0.050 0.950 kHz charts (Figures 10 and 11 of 1580 ...... 0.033 0.967 § 73.190), multiply each of these values by the appropriate interpolation fac- [28 FR 13574, Dec. 14, 1963, as amended at 49 ′ ′ tors in the K 1000 and K 1600 columns in FR 43962, Nov. 1, 1984; 56 FR 64868, Dec. 12, paragraph (c) of this section, and add 1991] the products. (c) Interpolation factors. (1) Fre- § 73.189 Minimum antenna heights or quencies below 1000 kHz. field strength requirements. (a) Section 73.45 requires that all ap- 500 1000 fkHz K K plicants for new, additional, or dif- 640 ...... 0.720 0.280 ferent broadcast facilities and all li- 650 ...... 0.700 0.300 censees requesting authority to move 660 ...... 0.680 0.320 670 ...... 0.660 0.340 0the transmitter of an existing station, 680 ...... 0.640 0.360 shall specify a radiating system, the ef- 690 ...... 0.620 0.380 ficiency of which complies with the re- 700 ...... 0.600 0.400 710 ...... 0.580 0.420 quirements of good engineering prac- 720 ...... 0.560 0.440 tice for the class and power of the sta- 730 ...... 0.540 0.460 tion. 740 ...... 0.520 0.480 750 ...... 0.500 0.500 (b) The specifications deemed nec- 760 ...... 0.480 0.520 essary to meet the requirements of 770 ...... 0.460 0.540 good engineering practice at the 780 ...... 0.440 0.560 present state of the art are set out in 800 ...... 0.400 0.600 810 ...... 0.380 0.620 detail below. 820 ...... 0.360 0.640 (1) The licensee of a AM broadcast 830 ...... 0.340 0.660 station requesting a change in power, 840 ...... 0.320 0.680 850 ...... 0.300 0.700 time of operation, frequency, or trans- 860 ...... 0.280 0.720 mitter location must also request au- 870 ...... 0.260 0.740 thority to install a new antenna sys- 880 ...... 0.240 0.760 890 ...... 0.220 0.780 tem or to make changes in the existing 900 ...... 0.200 0.800 antenna system which will meet the

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minimum height requirements, or sub- radials evenly spaced as practicable mit evidence that the present antenna and in no event less than 90. (120 system meets the minimum require- radials of 0.35 to 0.4 of a wave length in ments with respect to field strength, length and spaced 3° is considered an before favorable consideration will be excellent ground system and in case of given thereto. (See § 73.186.) In the high base voltage, a base screen of suit- event it is proposed to make substan- able dimensions should be employed.) tial changes in an existing antenna (5) In case it is contended that the re- system, the changes shall be such as to quired antenna efficiency can be ob- meet the minimum height require- tained with an antenna of height or ments or will be permitted subject to ground system less than the minimum the submission of field strength meas- specified, a complete field strength sur- urements showing that it meets the vey must be supplied to the Commis- minimum requirements with respect to sion showing that the field strength at effective field strength. a mile without absorption fulfills the (2) These minimum actual physical minimum requirements. (See § 73.186.) vertical heights of antennas permitted This field survey must be made by a to be installed are shown by curves A, qualified engineer using equipment of B, and C of Figure 7 of § 73.190 as fol- acceptable accuracy. lows: (6) The main element or elements of (i) Class C stations, and stations in a directional antenna system shall Alaska, Hawaii, Puerto Rico and the meet the above minimum requirements U.S. Virgin Islands on 1230, 1240, 1340, with respect to height or effective field 1400, 1450 and 1490 kHz that were for- strength. No directional antenna sys- merly Class C and were redesignated as tem will be approved which is so de- Class B pursuant to § 73.26(b), 45 meters signed that the effective field of the or a minimum effective field strength array is less than the minimum pre- of 180 mV/m for 1 kW at 1 kilometer (90 scribed for the class of station con- mV/m for 0.25 kW at 1 kilometer). (This cerned, or in case of a Class A station height applies to a Class C station on a less than 90 percent of the ground wave local channel only. Curve A shall apply field which would be obtained from a to any Class C stations in the 48 perfect antenna of the height specified conterminous States that are assigned by Figure 7 of § 73.190 for operation on to Regional channels.) frequencies below 1000 kHz, and in the (ii) Class A (Alaska), Class B and case of a Class B or Class D station less Class D stations other than those cov- than 90 percent of the ground wave ered in § 73.189(b)(2)(i), a minimum ef- field which would be obtained from a fective field strength of 215 mV/m for 1 perfect antenna of the height specified kW at 1 kilometer. by Figure 7 of § 73.190 for operation on (iii) Class A stations, a minimum ef- frequencies below 750 kHz. fective field strength of 275 mV/m for 1 kW at 1 kilometer. [28 FR 13574, Dec. 14, 1963, as amended at 31 FR 8069, June 8, 1966; 33 FR 15420, Oct. 17, (3) The heights given on the graph for 1968; 44 FR 36038, June 20, 1979; 50 FR 18844, the antenna apply regardless of wheth- May 2, 1985; 51 FR 2707, Jan. 21, 1986; 51 FR er the antenna is located on the ground 4753, Feb. 7, 1986; 52 FR 10570, Apr. 2, 1987; 56 or on a building. Except for the reduc- FR 64868, Dec. 12, 1991; 81 FR 2760, Jan. 19, tion of shadows, locating the antenna 2016] on a building does not necessarily increase the efficiency and where the § 73.190 Engineering charts and re- height of the building is in the order of lated formulas. a quarter wave the efficiency may be (a) This section consists of the fol- materially reduced. lowing Figures: 2, r3, 5, 6a, 7, 8, 9, 10, 11, (4) At the present development of the 12, and 13. Additionally, formulas that art, it is considered that where a are directly related to graphs are in- vertical radiator is employed with its cluded. base on the ground, the ground system (b) Formula 1 is used for calculation should consist of buried radial wires at of 50% skywave field strength values. least one-fourth wave length long. FORMULA 1. Skywave field strength, 50% of There should be as many of these the time (at SS + 6):

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The skywave field strength, Fc(50), for a characteristic field strength of 100 mV/m at 1 km is given by:

⎛ D ⎞ ()=−()−+πφ2 () μ() FDcM50 97. 5 20 log() 2 4.95 tan ⎜ ⎟ dB V/ m Eq. 1 ⎝ 1000⎠

The slant distance, D, is given by: Where:

aT is the geographic latitude of the transmit- Ddkm=+40, 000 2 (Eq. 2) ting terminal (degrees) aR is the geographic latitude of the receiving The geomagnetic latitude of the midpoint of terminal (degrees) the path, FM, is given by: bT is the geographic longitude of the trans- ° ° FM = arcsin[sin aM sin 78.5 + cos aM cos 78.5 mitting terminal (degrees) cos(69 + bM)]degrees (Eq. 3) bR is the geographic longitude of the receiv- The short great-circle path distance, d, is ing terminal (degrees) given by: aM is the geographic latitude of the midpoint ° of the great-circle path (degrees) and is d=111.18 d km (Eq. 4) given by:

Where: bM is the geographic longitude of the midpoint of the great-circle path (degrees) d° = arccos[sin aT sin aR + cos aT cos aR cos(bR ¥ bT)]degrees (Eq.5) and is given by:

⎡ ⎤ ⎛ d°⎞ ⎛ daad°⎞⎛ sin−° sin cos ⎞ aa=−90 arccos⎢sin cos⎜ ⎟ + cosa sin⎜ ⎟⎜ TR⎟ ⎥ () Eq. 6 MRR⎢ ⎝ ⎠ ⎝ ⎠ ° ⎥ ⎣ 22⎝ cosadR sin ⎠ ⎦

⎡ ⎛ ⎛ d°⎞ ⎞ ⎤ ⎢ cos⎜ ⎟ − sinaa sin ⎥ ⎜ ⎝ ⎠ RM⎟ =+⎢ ⎜ 2 ⎟ ⎥ () bbkMR⎢arccos ⎥ Eq. 7 ⎜ cosaa cos ⎟ ⎢ ⎜ RM ⎟ ⎥ ⎣⎢ ⎝ ⎠ ⎦⎥

Note (1): If |FM| is greater than 60 degrees, The skywave field strength, Fc(10), is given equation (1) is evaluated for | FM| = 60 de- by:

grees. Fc(10) = Fc(50) + D dB(μV/m) Note (2): North and east are considered Where: positive; south and west negative. D = 6 when | FM| <40 ¥ Note (3): In equation (7), k = 1 for west to D = 0.2 | FM| ¥ 2 when 40 ≤| FM| ≤60 east paths (i.e., bR >bT), otherwise k = 1. D = 10 when | FM| >60 (c) Formula 2 is used for calculation (d) Figure 6a depicts angles of depar- of 10% skywave field strength values. ture versus transmission range. These FORMULA 2. Skywave field strength, 10% of angles may also be computed using the the time (at SS + 6): following formulas:

⎛ ⎞ θ°= −1 d − d tan⎜ kn cot ⎟ ⎝ 444.54⎠ 444.54

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Where: NOTE: Computations using these formulas d = distance in kilometers should not be carried beyond 0.1 degree. n = 1 for 50% field strength values (e) In the event of disagreement be- n = 2 or 3 for 10% field strength values tween computed values using the for- and where mulas shown above and values obtained K1 = 0.00752 directly from the figures, the computed K2 = 0.00938 K3 = 0.00565 values will control.

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[28 FR 13574, Dec. 14, 1963, as amended at 30 FR 12720, Oct. 6, 1965; 33 FR 15420, Oct. 17, 1968; 48 FR 42959, Sept. 20, 1983; 49 FR 43963, Nov. 1, 1984; 50 FR 18844, May 2, 1985; 51 FR 4753, Feb. 7, 1986; 52 FR 36879, Oct. 1, 1987; 56 FR 64869, Dec. 12, 1991]

Subpart B—FM Broadcast Stations quencies available for FM broadcasting (including those assigned to non- § 73.201 Numerical designation of FM commercial educational broadcasting) broadcast channels. are given numerical designations which The FM broadcast band consists of are shown in the table below: that portion of the radio frequency Frequency (Mc/s) Channel spectrum between 88 MHz and 108 MHz. No. It is divided into 100 channels of 200 88.1 ...... 201 kHz each. For convenience, the fre- 88.3 ...... 202

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Channel Channel Frequency (Mc/s) No. Frequency (Mc/s) No.

88.5 ...... 203 103.1 ...... 276 88.7 ...... 204 103.3 ...... 277 88.9 ...... 205 103.5 ...... 278 89.1 ...... 206 103.7 ...... 279 89.3 ...... 207 103.9 ...... 280 89.5 ...... 208 104.1 ...... 281 89.7 ...... 209 104.3 ...... 282 89.9 ...... 210 104.5 ...... 283 90.1 ...... 211 104.7 ...... 284 90.3 ...... 212 104.9 ...... 285 90.5 ...... 213 105.1 ...... 286 90.7 ...... 214 105.3 ...... 287 90.9 ...... 215 105.5 ...... 288 91.1 ...... 216 105.7 ...... 289 91.3 ...... 217 105.9 ...... 290 91.5 ...... 218 106.1 ...... 291 91.7 ...... 219 106.3 ...... 292 91.9 ...... 220 106.5 ...... 293 92.1 ...... 221 106.7 ...... 294 92.3 ...... 222 106.9 ...... 295 92.5 ...... 223 107.1 ...... 296 92.7 ...... 224 107.3 ...... 297 92.9 ...... 225 107.5 ...... 298 93.1 ...... 226 107.7 ...... 299 107.9 ...... 300 93.3 ...... 227 93.5 ...... 228 NOTE: The frequency 108.0 MHz may be assigned to VOR 93.7 ...... 229 test stations subject to the condition that interference is not 93.9 ...... 230 caused to the reception of FM broadcasting stations, present 94.1 ...... 231 or future. 94.3 ...... 232 94.5 ...... 233 [28 FR 13623, Dec. 14, 1963, as amended at 30 94.7 ...... 234 FR 4480, Apr. 7, 1965; 52 FR 10570, Apr. 2, 1987] 94.9 ...... 235 95.1 ...... 236 § 73.202 Table of Allotments. 95.3 ...... 237 95.5 ...... 238 (a) General. The following Table of 95.7 ...... 239 Allotments contains the channels 95.9 ...... 240 (other than noncommercial edu- 96.1 ...... 241 96.3 ...... 242 cational Channels 201–220) designated 96.5 ...... 243 for use in communities in the United 96.7 ...... 244 States, its territories, and possessions, 96.9 ...... 245 97.1 ...... 246 and not currently assigned to a li- 97.3 ...... 247 censee or permittee or subject to a 97.5 ...... 248 pending application for construction 97.7 ...... 249 permit or license. All listed channels 97.9 ...... 250 98.1 ...... 251 are for Class B stations in Zones I and 98.3 ...... 252 I–A and for Class C stations in Zone II 98.5 ...... 253 unless otherwise specifically des- 98.7 ...... 254 ignated. Channels to which licensed, 98.9 ...... 255 99.1 ...... 256 permitted, and ‘‘reserved’’ facilities 99.3 ...... 257 have been assigned are reflected in the 99.5 ...... 258 Media Bureau’s publicly available Con- 99.7 ...... 259 99.9 ...... 260 solidated Data Base System. 100.1 ...... 261 (1) Channels designated with an as- 100.3 ...... 262 terisk may be used only by non- 100.5 ...... 263 commercial educational broadcast sta- 100.7 ...... 264 100.9 ...... 265 tions. The rules governing the use of 101.1 ...... 266 those channels are contained in part 73, 101.3 ...... 267 subpart C of this chapter. An entity 101.5 ...... 268 that would be eligible to operate a non- 101.7 ...... 269 101.9 ...... 270 commercial educational broadcast sta- 102.1 ...... 271 tion can, in conjunction with an initial 102.3 ...... 272 petition for rulemaking filed pursuant 102.5 ...... 273 102.7 ...... 274 to part 1, subpart C of this chapter, re- 102.9 ...... 275 quest that a nonreserved FM channel

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(channels 221 through 300) be allotted TABLE 1 TO PARAGRAPH (b)—Continued as reserved only for noncommercial [U.S. States] educational broadcasting by demonstrating the following: Channel No. (i) No reserved channel can be used Tusayan ...... 222C1 without causing prohibited inter- Wickenburg ...... 229C3 ference to TV channel 6 stations or for- ARKANSAS eign broadcast stations; or (ii) The applicant is technically pre- Dermott ...... 224A cluded from using the reserved band by Heber Springs ...... 270C3 Hermitage ...... 300A existing stations or previously filed ap- Rison ...... 255A plications and the proposed station Strong ...... 296C3 would provide a first or second non- CALIFORNIA commercial educational radio service to 2,000 or more people who constitute Alturas ...... 277C 10% of the population within the pro- Barstow ...... 267A Boonville ...... 300A posed allocation’s 60 dBu (1 mV/m) Cartago ...... 233A service contour. Cedarville ...... 238A (2) Each channel listed in the Table Coalinga ...... 247B1 Cottonwood ...... 221A of Allotments reflects the class of sta- Earlimart ...... 228A tion that is authorized to use it based Essex ...... 280B on the minimum and maximum facility Ft. Bragg ...... 253B1 Hemet ...... *273A requirements for each class contained Lake Isabella ...... 239A in § 73.211. Ludlow ...... 261B1 Portola ...... 258A NOTE: The provisions of this paragraph Randsburg ...... 275A [(a)(2) of this section] become effective [3 Sacramento ...... 300B years from the effective date of the Report Shasta Lake ...... 224A and Order in BC Docket 80–90]. Sutter Creek ...... *298A Westley ...... *238A (b) Table of FM Allotments. Wofford Heights ...... 251A

TABLE 1 TO PARAGRAPH (b) COLORADO [U.S. States] Akron ...... 279C1 Battlement Mesa ...... 275C3 Channel No. Dinosaur ...... 262C1 Dotsero ...... 261A ALABAMA Dove Creek ...... 229C3 Eckley ...... 257C1 Camden ...... 230A Hugo ...... 222A Hamilton ...... 221A Lake City ...... 247A Maplesville ...... 292A Olathe ...... *270C2, *293C Thomaston ...... 280C3 Stratton ...... 246C1 Waverly ...... 262A Walden ...... 226A

ALASKA CONNECTICUT

Kotzebue ...... 280A DELAWARE Yakutat ...... 280A DISTRICT OF COLUMBIA ARIZONA FLORIDA Aguila ...... 297C2 Bagdad ...... 299C3 Cross City ...... 249C3 Desert Hills ...... 292A Fort Walton Beach ...... 295A Ehrenberg ...... 228C2 Horseshoe Beach ...... *234C3 First Mesa ...... 281C Otter Creek ...... *240A Leupp ...... 293C1 Overgaard ...... 234C1 GEORGIA Parker ...... 257C2 Paulden ...... 228C3 Maysville ...... 265A Peach Springs ...... †265A Pembroke ...... 257C1 Pima ...... *296A Plains ...... 290A Quartzsite ...... 275C3 Tignall ...... 287A Rough Rock ...... 258C2 Salome ...... 231A HAWAII Sells ...... 285A Snowflake ...... 259C2 Kualapuu ...... 296C2 Somerton ...... *260C3

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TABLE 1 TO PARAGRAPH (b)—Continued TABLE 1 TO PARAGRAPH (b)—Continued [U.S. States] [U.S. States]

Channel No. Channel No.

IDAHO MISSISSIPPI

McCall ...... 280A Bruce ...... 233A Cleveland ...... 226C2 ILLINOIS Drew ...... 237A McLain ...... 245A Abingdon ...... 291A Mound Bayou ...... 270A Cedarville ...... *258A New Albany ...... 268A Greenup ...... *230A New Augusta ...... 269A Pinckneyville ...... *282A Summit ...... 228A INDIANA MISSOURI Fowler ...... *291A Madison ...... *265A Bourbon ...... 231A Terre Haute ...... *298B Columbia ...... 252C2 Eminence ...... 281A IOWA Laurie ...... 265C3 Maryville ...... 285C3 Asbury ...... *238A Dunkerton ...... 280A MONTANA Keosauqua ...... *271C3 Rockford ...... 225A Bozeman ...... *240C3 Rudd ...... *268A Cut Bank ...... 265C2 Lima ...... 265C2 KANSAS Valler ...... 289C1

Council Grove ...... *281C3 NEBRASKA

KENTUCKY Bayard ...... 251A Irvington ...... 261A NEVADA Perryville ...... 298A Caliente ...... 264A LOUISIANA Owyhee ...... 247C3 Bastrop ...... 228A Silver Springs ...... 273C Florien ...... 222A Tonopah ...... 224A Golden Meadow ...... *289C2 Haynesville ...... 286A NEW HAMPSHIRE Hornbeck ...... 269A Oil City ...... 285A Enfield ...... 282A Rosepine ...... 281A Groveton ...... 268A Wisner ...... 300C3 Jefferson ...... 247A Stratford ...... 254A MAINE NEW JERSEY MARYLAND NEW MEXICO Newark ...... 235A Animas ...... 279C1 MASSACHUSETTS Chama ...... 241C3 Crownpoint ...... †297A Orange ...... 247A Des Moines ...... 287C West Tisbury ...... *282A Lovington ...... 269C3 Roswell ...... 237C0 MICHIGAN Skyline-Ganipa ...... 240A Carney ...... 260A Tohatchi ...... 268C2 Custer ...... 260A Virden ...... 228C1 Houghton ...... 242C1 Lake Isabella ...... 255A NEW YORK Lexington ...... *256A Onekama ...... 227C3 Amherst ...... *221A Pigeon ...... 267A Keeseville ...... 231A Livingston Manor ...... 296A MINNESOTA Narrowsburg ...... 275A Rhinebeck ...... *273A Baudette ...... 233C1 Rosendale ...... 255A Grand Marais ...... 245C3 Sagaponack ...... 233A Grand Portage ...... 224C, 274C Shelter Island ...... 277A Red Lake ...... 287C1 Westfield ...... 265A

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TABLE 1 TO PARAGRAPH (b)—Continued TABLE 1 TO PARAGRAPH (b)—Continued [U.S. States] [U.S. States]

Channel No. Channel No.

NORTH CAROLINA Big Lake ...... 246A, 252C2, 281C1, 296C3 Dillsboro ...... *237A Big Spring ...... 265C3 Bogata ...... 247A NORTH DAKOTA Bruni ...... 293A Canadian ...... 235C1 Gackle ...... 256C1 Carbon ...... 238A Medina ...... 222C1 Carrizo Springs ...... 228A, 295A Sarles ...... 290C1 Centerville ...... 274A Christine ...... 245C3 OHIO Cotulla ...... 264A, 289A Crosbyton ...... 264C3 OKLAHOMA Crystal Beach ...... 268A Cuney ...... 259A Arnett ...... 293C2 Dalhart ...... 261C2 Cheyenne ...... 247C2 Dickens ...... 240A, 294A Clayton ...... 262A Dilley ...... 291A Coalgate ...... 242A Early ...... 294A Connerville ...... 247A Eden ...... 294A Cordell ...... *229A El Indio ...... 236A Covington ...... 290A Encinal ...... 259A, 286A Hennessey ...... 249A Encino ...... 250A, 283A Millerton ...... 265C2 Estelline ...... 263C3 Savanna ...... 275A Fort Stockton ...... 263C Vici ...... 249A Freer ...... 288A Wayne ...... 266A Garwood ...... 247A Waukomie ...... 292A George West ...... 292A Wright City ...... 295A Goldwaithe ...... 297A Goree ...... 277A OREGON Groom ...... 223A, 273A Guthrie ...... 252A Altamont ...... 235C1 Hale Center ...... 236C1 Arlington ...... 295C2 Hamlin ...... 283C2 Boardman ...... 231C3 Harper ...... 256C3 Dallas ...... *252C3 Hawley ...... 269A Diamond Lake ...... 251A Hebbronville ...... 282A Huntington ...... 228C1 Hico ...... 293A Manzanita ...... 248C3 Iraan ...... 269C2 Merrill ...... 289A Jacksonville ...... 236A Moro ...... 283C2 Jayton ...... 231C2 Powers ...... 293C2 Junction ...... 277C3, 297A Prineville ...... 267C1 Knox City ...... 293A, 297A Vale ...... 288C Leakey ...... 257A, 275A, 299A Waldport ...... 229C2 Llano ...... 242C3 Lockney ...... 271C3 PENNSYLVANIA Lometa ...... 253A Liberty ...... *298A Longview ...... 300C2 Lovelady ...... 288A RHODE ISLAND Marathon ...... 276C1 Marquez ...... 296A SOUTH CAROLINA Mason ...... 281C2, 239C2 Matador ...... 244C2, 276C3 SOUTH DAKOTA Matagorda ...... 291A McCamey ...... 233C3, 237C3 Eagle Butt ...... 228C1 McLean ...... 298C3 Edgemont ...... 289C1 Memphis ...... 283A, 292A Menard ...... 265A, 292A TENNESSEE Meyersville ...... 261A Midway ...... 251A Englewood ...... 250A Milano ...... 274A Moody ...... 256A TEXAS Moran ...... 281A Mount Enterprise ...... 279A Albany ...... 255A Muleshoe ...... 227C1 Annona ...... 263A Mullin ...... 224A, 277A Asherton ...... 284A Munday ...... 270C1 Aspermont ...... 226C2 Newcastle ...... 263A Austwell ...... 290A O’Donnell ...... 249A Balmorhea ...... 283C Olney ...... 282A Batesville ...... 250A Oakwood ...... 233A Benjamin ...... 237C3 Paducah ...... 234C3

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TABLE 1 TO PARAGRAPH (b)—Continued TABLE 1 TO PARAGRAPH (b)—Continued [U.S. States] [U.S. States]

Channel No. Channel No.

Paint Rock ...... 296C3 Basin ...... 299C1 Palacios ...... 264A Cora ...... 274C2 Pearsall ...... 277A Dubois ...... 242A Port Isabel ...... 288A Jackson ...... *294C2 Premont ...... 264C3, 287A Lusk ...... 242A Presidio ...... 292C1 Manville ...... 255C1 Quanah ...... 251C3 Marbleton ...... 257C1 Richland Springs ...... 235A, 299A Medicine Bow ...... 259C3 Rising Star ...... 290C3 Meeteetse ...... 259C Roaring Springs ...... 227A, 249C3 Pine Bluffs ...... 287A Roby ...... 290A Rawlins ...... 298C2 Rocksprings ...... 291A Rozet ...... 256C3 Roscoe ...... 228A Wamsutter ...... 285A Rule ...... 253A Wheatland ...... 286A, 293A San Isidro ...... 255A, 278A Sanderson ...... 274C1, 286C2 U.S. TERRITORIES Sanger ...... 281C3 Seymour ...... 222C2 AMERICAN SAMOA Sheffield ...... 224C2 Silverton ...... 221A CENTRAL MARIANAS Smiley ...... 280A Spur ...... 260C3 GARAPAN Teague ...... 237C3 GUAM Trinity ...... 251A Turkey ...... 221C2, 269A PUERTO RICO Van Alstyne ...... *260A Wellington ...... 248C3, 253C3 VIRGIN ISLANDS Wells ...... 254A Westbrook ...... 272A Charlotte Amalie ...... 237B Zapata ...... 292A

UTAH [30 FR 12711, Oct. 6, 1965]

Huntington ...... 287C3 EDITORIAL NOTES: 1. For FEDERAL REGISTER Milford ...... 288C citations affecting § 73.202, see the List of Paragonah ...... 258A CFR Sections Affected, which appears in the Toquerville ...... 281C Finding Aids section of the printed volume VERMONT and at www.govinfo.gov. 2. At 77 FR 50053, Aug. 20, 2012, § 73.202(b), Hardwick ...... 290A the Table of FM Allotments under Cali- West Rutland ...... 298A fornia, was amended; however, the amend- VIRGINIA ment could not be incorporated due to inaccurate amendatory instruction. Chincoteague ...... 233A § 73.203 Availability of channels. WASHINGTON (a) Except as provided for in para- Coupeville ...... 266A graph (b) of this section and § 1.401(d) of Dayton ...... 272A Kahlotus ...... 283A this chapter and 73.3573(a)(1), applica- Oak Harbor ...... *233A, 277A tions may be filed to construct new FM Raymond ...... 300A broadcast stations only at the commu- Trout Lake ...... 236A nities and on the channels contained in WEST VIRGINIA the Table of Allotments (§ 73.202(b)). (b) Applications filed on a first come, WISCONSIN first served basis for the minor modi- Ashland ...... *275A fication of an existing FM broadcast Crandon ...... 276A station may propose any change in Hayward ...... *232C2 Laona ...... 272C3 channel and/or class and/or community New Holstein ...... 258A not defined as major in § 73.3573(a). Ap- Tomahawk ...... 265C3 plications for a change in community WYOMING of license must comply with the requirements set forth in § 73.3573(g). Albin ...... 282C3 Baggs ...... 277A NOTE TO § 73.203: This section is limited to Bairoil ...... 235C3 non-reserved band changes in channel and/or

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class and/or community. Applications re- through a city, the city shall be consid- questing such changes must meet either the ered to be located in Zone I. (See Fig- minimum spacing requirements of § 73.207 at ure 1 of § 73.699.) the site specified in the application, without (b) Zone I-A consists of Puerto Rico, resort to the provisions of the Commission’s rules permitting short spaced stations as set the Virgin Islands and that portion of forth in §§ 73.213 through 73.215, or dem- the State of California which is located onstrate by a separate exhibit attached to south of the 40th parallel. the application the existence of a suitable al- (c) Zone II consists of Alaska, Hawaii lotment site that fully complies with §§ 73.207 and the rest of the United States which and 73.315 without resort to §§ 73.213 through is not located in either Zone I or Zone 73.215. I-A. [71 FR 76219, Dec. 20, 2006] [29 FR 14116, Oct. 14, 1964, and 31 FR 10125, § 73.204 International agreements and July 27, 1966, as amended at 48 FR 29504, June other restrictions on use of chan- 27, 1983] nels. § 73.207 Minimum distance separation See §§ 73.207, 73.220 and 73.1650. between stations. [49 FR 10264, Mar. 20, 1984] (a) Except for assignments made pursuant to § 73.213 or 73.215, FM allot- § 73.205 Zones. ments and assignments must be sepa- For the purpose of allotments and as- rated from other allotments and assignments, the United States is divided signments on the same channel (co- into three zones as follows: channel) and five pairs of adjacent (a) Zone I consists of that portion of channels by not less than the minimum the United States located within the distances specified in paragraphs (b) confines of the following lines drawn and (c) of this section. The Commission on the United States Albers Equal Area will not accept petitions to amend the Projection Map (based on standard par- Table of Allotments unless the ref- allels 291/2° and 451/2°; North American erence points meet all of the minimum datum): Beginning at the most easterly distance separation requirements of point on the State boundary line be- this section. The Commission will not tween North Carolina and Virginia; accept applications for new stations, or thence in a straight line to a point on applications to change the channel or the Virginia-West Virginia boundary location of existing assignments unless line located at north latitude 37°49′ and transmitter sites meet the minimum west longitude 80°12′30″; thence west- distance separation requirements of erly along the southern boundary lines this section, or such applications con- of the States of West Virginia, Ohio, form to the requirements of § 73.213 or Indiana, and Illinois to a point at the 73.215. However, applications to modify junction of the Illinois, Kentucky, and the facilities of stations with short- Missouri State boundary lines; thence spaced antenna locations authorized northerly along the western boundary pursuant to prior waivers of the dis- line of the State of Illinois to a point tance separation requirements may be at the junction of the Illinois, Iowa, accepted, provided that such applica- and Wisconsin State boundary lines; tions propose to maintain or improve thence easterly along the northern that particular spacing deficiency. State boundary line of Illinois to the Class D (secondary) assignments are 90th meridian; thence north along this subject only to the distance separation meridian to the 43.5° parallel; thence requirements contained in paragraph east along this parallel to the United (b)(3) of this section. (See § 73.512 for States-Canada border; thence southerly rules governing the channel and loca- and following that border until it again tion of Class D (secondary) assign- intersects the 43.5° parallel; thence east ments.) along this parallel to the 71st meridian; (b) The distances listed in Tables A, thence in a straight line to the inter- B, and C apply to allotments and as- section of the 69th meridian and the signments on the same channel and 45th parallel; thence east along the each of five pairs of adjacent channels. 45th parallel to the Atlantic Ocean. The five pairs of adjacent channels are When any of the above lines pass the first (200 kHz above and 200 kHz

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below the channel under consider- TABLE A—MINIMUM DISTANCE SEPARATION RE- ation), the second (400 kHz above and QUIREMENTS IN KILOMETERS (MILES)—Contin- below), the third (600 kHz above and ued below), the fifty-third (10.6 MHz above 10.6/ and below), and the fifty-fourth (10.8 Relation Co- 200 kHz 400/600 10.8 MHz above and below). The distances in channel kHz MHz the Tables apply regardless of whether C2 to C1 ...... 224 158 (98) 79 (49) 27 (17) the proposed station class appears first (139) or second in the ‘‘Relation’’ column of C2 to C0 ...... 239 176 89 (55) 31 (19) the table. (148) (109) C2 to C ...... 249 188 105 (65) 35 (22) (1) Domestic allotments and assign- (155) (117) ments must be separated from each C1 to C1 ...... 245 177 82 (51) 34 (21) other by not less than the distances in (152) (110) C1 to C0 ...... 259 196 94 (58) 37 (23) Table A which follows: (161) (122) C1 to C ...... 270 209 105 (65) 41 (25) TABLE A—MINIMUM DISTANCE SEPARATION (168) (130) REQUIREMENTS IN KILOMETERS (MILES) C0 to C0 ...... 270 207 96 (60) 41 (25) (168) (129) 10.6/ C0 to C ...... 281 220 105 (65) 45 (28) Relation Co- 200 kHz 400/600 10.8 (175) (137) channel kHz MHz C to C ...... 290 241 105 (65) 48 (30) (180) (150) A to A ...... 115 (71) 72 (45) 31 (19) 10 (6) A to B1 ...... 143 (89) 96 (60) 48 (30) 12 (7) (2) Under the Canada-United States A to B ...... 178 113 (70) 69 (43) 15 (9) (111) FM Broadcasting Agreement, domestic A to C3 ...... 142 (88) 89 (55) 42 (26) 12 (7) U.S. allotments and assignments with- A to C2 ...... 166 106 (66) 55 (34) 15 (9) in 320 kilometers (199 miles) of the (103) A to C1 ...... 200 133 (83) 75 (47) 22 (14) common border must be separated from (124) Canadian allotments and assignments A to C0 ...... 215 152 (94) 86 (53) 25 (16) by not less than the distances given in (134) Table B, which follows. When applying A to C ...... 226 165 95 (59) 29 (18) (140) (103) Table B, U.S. Class C2 allotments and B1 to B1 ...... 175 114 (71) 50 (31) 14 (9) assignments are considered to be Class (109) B; also, U.S. Class C3 allotments and B1 to B ...... 211 145 (90) 71 (44) 17 (11) (131) assignments and U.S. Class A assign- B1 to C3 ...... 175 114 (71) 50 (31) 14 (9) ments operating with more than 3 kW (109) ERP and 100 meters antenna HAAT (or B1 to C2 ...... 200 134 (83) 56 (35) 17 (11) equivalent lower ERP and higher an- (124) B1 to C1 ...... 233 161 77 (48) 24 (15) tenna HAAT based on a class contour (145) (100) distance of 24 km) are considered to be B1 to C0 ...... 248 180 87 (54) 27 (17) Class B1. (154) (112) B1 to C ...... 259 193 105 (65) 31 (19) (161) (120) TABLE B—MINIMUM DISTANCE SEPARATION B to B ...... 241 169 74 (46) 20 (12) REQUIREMENTS IN KILOMETERS (150) (105) B to C3 ...... 211 145 (90) 71 (44) 17 (11) Co- Adjacent Channels I.F. (131) Rela- Channel B to C2 ...... 241 169 74 (46) 20 (12) 10.6/ tion 200 kHz 400 kHz 600 kHz 10.8 (150) (105) 0 kHz MHz B to C1 ...... 270 195 79 (49) 27 (17) (168) (121) A-A .. 132 85 45 37 8 B to C0 ...... 272 214 89 (55) 31 (19) A-B1 180 113 62 54 16 (169) (133) A-B .. 206 132 76 69 16 B to C ...... 274 217 105 (65) 35 (22) A-C1 239 164 98 90 32 (170) (135) A-C .. 242 177 108 100 32 C3 to C3 ...... 153 (95) 99 (62) 43 (27) 14 (9) B1-B1 197 131 70 57 24 C3 to C2 ...... 177 117 (73) 56 (35) 17 (11) B1-B 223 149 84 71 24 (110) B1-C1 256 181 106 92 40 C3 to C1 ...... 211 144 (90) 76 (47) 24 (15) B1-C 259 195 116 103 40 (131) B-B .. 237 164 94 74 24 C3 to C0 ...... 226 163 87 (54) 27 (17) ...... (140) (101) B-C1 271 195 115 95 40 C3 to C ...... 237 176 96 (60) 31 (19) B-C .. 274 209 125 106 40 (147) (109) C1- C2 to C2 ...... 190 130 (81) 58 (36) 20 (12) C1 292 217 134 101 48 (118) C1-C 302 230 144 111 48

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TABLE B—MINIMUM DISTANCE SEPARATION TABLE C—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS—Continued REQUIREMENTS IN KILOMETERS—Continued

Co- Adjacent Channels I.F. Co-Chan- 400 kHz 10.6 or Channel Relation 200 kHz or 600 10.8 MHz Rela- nel kHz (I.F.) tion 10.6/ 0 kHz 200 kHz 400 kHz 600 kHz 10.8 MHz C1 to C1 .... 245 177 82 34 C1 to C ...... 270 209 102 41 C-C .. 306 241 153 113 48 C to C ...... 290 228 105 48

(3) Under the 1992 Mexico-United (c) The distances listed below apply States FM Broadcasting Agreement, only to allotments and assignments on domestic U.S. assignments or allot- Channel 253 (98.5 MHz). The Commis- ments within 320 kilometers (199 miles) sion will not accept petitions to amend of the common border must be sepa- the Table of Allotments, applications rated from Mexican assignments or al- for new stations, or applications to lotments by not less than the distances change the channel or location of exist- given in Table C in this paragraph ing assignments where the following (b)(3). When applying Table C— minimum distances (between trans- (i) U.S. or Mexican assignments or al- mitter sites, in kilometers) from any lotments which have been notified TV Channel 6 allotment or assignment internationally as Class A are limited are not met: to a maximum of 3.0 kW ERP at 100 meters HAAT, or the equivalent; MINIMUM DISTANCE SEPARATION FROM TV (ii) U.S. or Mexican assignments or CHANNEL 6 (82–88 MHZ) allotments which have been notified TV Zones II internationally as Class AA are limited FM Class TV Zone I & III to a maximum of 6.0 kW ERP at 100 A ...... 17 22 meters HAAT, or the equivalent; B1 ...... 19 23 (iii) U.S. Class C3 assignments or al- B ...... 22 26 lotments are considered Class B1; C3 ...... 19 23 C2 ...... 22 26 (iv) U.S. Class C2 assignments or al- C1 ...... 29 33 lotments are considered Class B; and C ...... 36 41 (v) Class C1 assignments or allotments assume maximum facilities of [48 FR 29504, June 27, 1983, as amended at 49 100 kW ERP at 300 meters HAAT. How- FR 10264, Mar. 20, 1984; 49 FR 19670, May 9, ever, U.S. Class C1 stations may not, in 1984; 49 FR 50047, Dec. 26, 1984; 51 FR 26250, any event, exceed the domestic U.S. July 22, 1986; 54 FR 14963, Apr. 14, 1989; 54 FR limit of 100 kW ERP at 299 meters 16366, Apr. 24, 1989; 54 FR 19374, May 5, 1989; HAAT, or the equivalent. 54 FR 35338, Aug. 25, 1989; 56 FR 27426, June 14, 1991; 56 FR 57293, Nov. 8, 1991; 62 FR 50256, TABLE C—MINIMUM DISTANCE SEPARATION Sept. 25, 1997; 65 FR 79776, Dec. 20, 2000] REQUIREMENTS IN KILOMETERS § 73.208 Reference points and distance 400 kHz 10.6 or computations. Relation Co-Chan- 200 kHz or 600 10.8 MHz nel kHz (I.F.) (a)(1) The following reference points must be used to determine distance A to A ...... 100 61 25 8 separation requirements when peti- A to AA ...... 111 68 31 9 A to B1 ...... 138 88 48 11 tions to amend the Table of Allotments A to B ...... 163 105 65 14 (§ 73.202(b)) are considered: A to C1 ...... 196 129 74 21 (i) First, transmitter sites if author- A to C ...... 210 161 94 28 ized, or if proposed in applications with AA to AA .... 115 72 31 10 AA to B1 .... 143 96 48 12 cut-off protection pursuant to para- AA to B ...... 178 125 69 15 graph (a)(3) of this section; AA to C1 .... 200 133 75 22 (ii) Second, reference coordinates AA to C ...... 226 165 95 29 B1 to B1 .... 175 114 50 14 designated by the FCC; B1 to B ...... 211 145 71 17 (iii) Third, coordinates listed in the B1 to C1 .... 233 161 77 24 United States Department of Interior B1 to C ...... 259 193 96 31 publication entitled Index to the Na- B to B ...... 237 164 65 20 B to C1 ...... 270 195 79 27 tional Atlas of the United States of B to C ...... 270 215 98 35 America; or

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(iv) Last, coordinates of the main staff concerning the filing of counter- post office. proposals. No proposals involving commu- (The community’s reference points nities not already included in the proceeding for which the petition is submitted will can be introduced during the reply comment period as a method of resolving conflicts. normally be the coordinates listed in The counterproponent is required to make a the above publication.) showing that, at the time it filed the coun- (2) When the distance between com- terproposal, it did not know, and could not munities is calculated using commu- have known by exercising due diligence, of nity reference points and it does not the pendency of the conflicting FM applica- meet the minimum separation require- tion. ments of § 73.207, the channel may still (b) Station separations in licensing be allotted if a transmitter site is proceedings shall be determined by the available that would meet the min- distance between the coordinates of the imum separation requirements and proposed transmitter site in one com- still permit the proposed station to munity and meet the minimum field strength re- (1) The coordinates of an authorized quirements of § 73.315. A showing indi- transmitter site for the pertinent chan- cating the availability of a suitable nel in the other community; or, where site should be sumitted with the peti- such transmitter site is not available tion. In cases where a station is not au- for use as a reference point, thorized in a community or commu- (2) Reference coordinates designated nities and the proposed channel cannot by the FCC; or, if none are designated, meet the separation requirement a (3) The coordinates of the other com- showing should also be made indicating munity as listed in the publication list- adequate distance between suitable ed in paragraph (a) of this section; or, transmitter sites for all communities. if not contained therein, (3) Petitions to amend the Table of (4) The coordinates of the main post Allotments that do not meet minimum office of such other community. distance separation requirements to (5) In addition, where there are pend- transmitter sites specified in pending ing applications in other communities applications will not be considered un- which, if granted, would have to be less they are filed no later than: considered in determining station sepa- (i) The last day of a filing window if rations, the coordinates of the trans- the application is for a new FM facility mitter sites proposed in such applica- or a major change in the non-reserved tions must be used to determine wheth- band and is filed during a filing window er the requirements with respect to established under section 73.3564(d)(3); minimum separations between the pro- or posed stations in the respective cities (ii) The cut-off date established in a Commission Public Notice under have been met. (c) The method given in this para- § 73.3564(d) and 73.3573(e) if the application is for a new FM facility or a major graph shall be used to compute the dis- change in the reserved band; or tance between two reference points, ex- (iii) The date of receipt of all other cept that, for computation of distance types of FM applications. If an applica- involving stations in Canada and Mex- tion is amended so as to create a con- ico, the method for distance computa- flict with a petition for rule making tion specified in the applicable inter- filed prior to the date the amendment national agreement shall be used in- is filed, the amended application will stead. The method set forth in this be treated as if filed on the date of the paragraph is valid only for distances amendment for purposes of this para- not exceeding 475 km (295 miles). graph (a)(3). (1) Convert the latitudes and lon- gitudes of each reference point from NOTE: If the filing of a conflicting FM ap- degree-minute-second format to de- plication renders an otherwise timely filed gree-decimal format by dividing min- counterproposal unacceptable, the counter- utes by 60 and seconds by 3600, then proposal may be considered in the rulemaking proceeding if it is amended to pro- adding the results to degrees. tect the site of the previously filed FM appli- (2) Calculate the middle latitude be- cation within 15 days after being placed on tween the two reference points by aver- the Public Notice routinely issued by the aging the two latitudes as follows:

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ML = (LAT1dd + LAT2dd) ÷ 2 § 73.209 Protection from interference. (3) Calculate the number of kilo- (a) Permittees and licensees of FM meters per degree latitude difference broadcast stations are not protected for the middle latitude calculated in from any interference which may be paragraph (c)(2) as follows: caused by the grant of a new station, or of authority to modify the facilities of KPDlat = 111.13209¥0.56605 cos(2ML) + 0.00120 cos(4ML) an existing station, in accordance with the provisions of this subpart. How- (4) Calculate the number of kilo- ever, they are protected from inter- meters per degree longitude difference ference caused by Class D (secondary) for the middle latitude calculated in noncommercial educational FM sta- paragraph (c)(2) as follows: tions. See § 73.509.

KPDlon = 111.41513 cos(ML)¥0.09455 (b) The nature and extent of the pro- cos(3ML) + 0.00012 cos(5ML) tection from interference afforded FM broadcast stations operating on Chan- (5) Calculate the North-South dis- nels 221–300 is limited to that which re- tance in kilometers as follows: sults when assignments are made in ac- NS = KPDlat(LAT1dd¥LAT2dd) cordance with the rules in this subpart. (6) Calculate the East-West distance (c) Permittees and licensees of FM in kilometers as follows: stations are not protected from interference which may be caused by the ¥ EW = KPDlon(LON1dd LON2dd) grant of a new LPFM station or of au- (7) Calculate the distance between thority to modify an existing LPFM the two reference points by taking the station, except as provided in subpart square root of the sum of the squares of G of this part. the East-West and North-South dis- [43 FR 39715, Sept. 6, 1978 and 48 FR 29505, tances as follows: June 27, 1983; 54 FR 9802, Mar. 8, 1989; 65 FR DIST = (NS2 + EW2)0.5 7640, Feb. 15, 2000; 65 FR 67299, Nov. 9, 2000] (8) Round the distance to the nearest § 73.210 Station classes. kilometer. (9) Terms used in this section are de- (a) The rules applicable to a par- fined as follows: ticular station, including minimum and maximum facilities requirements, (i) LAT1dd and LON1dd = the coordinates of the first reference point in de- are determined by its class. Possible gree-decimal format. class designations depend upon the zone in which the station’s transmitter (ii) LAT2dd and LON2dd = the coordinates of the second reference point in is located, or proposed to be located. degree-decimal format. The zones are defined in § 73.205. Allot- (iii) ML = the middle latitude in de- ted station classes are indicated in the gree-decimal format. Table of Allotments, § 73.202. Class A, B1 and B stations may be authorized in (iv) KPDlat = the number of kilometers per degree of latitude at a given Zones I and I-A. Class A, C3, C2, C1, C0 middle latitude. and C stations may be authorized in Zone II. (v) KPDlon = the number of kilometers per degree of longitude at a (b) The power and antenna height re- given middle latitude. quirements for each class are set forth (vi) NS = the North-South distance in in § 73.211. If a station has an ERP and kilometers. an antenna HAAT such that it cannot (vii) EW = the East-West distance in be classified using the maximum limits kilometers. and minimum requirements in § 73.211, (viii) DIST = the distance between its class shall be determined using the the two reference points, in kilometers. following procedure: (1) Determine the reference distance [28 FR 13623, Dec. 14, 1963, as amended at 29 FR 14116, Oct. 14, 1964; 48 FR 29505, June 27, of the station using the procedure in 1983; 52 FR 37788, Oct. 9, 1987; 52 FR 39920, paragraph (b)(1)(i) of § 73.211. If this dis- Oct. 26, 1987; 54 FR 9806, Mar. 8, 1989; 57 FR tance is less than or equal to 28 km, 36020, Aug. 12, 1992; 58 FR 38537, July 19, 1993] the station is Class A; otherwise,

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(2) For a station in Zone I or Zone I- (vii) The minimum ERP for Class C A, except for Puerto Rico and the Vir- and C0 stations is 100 kW. gin Islands: (2) Class C0 stations must have an an- (i) If this distance is greater than 28 tenna height above average terrain km and less than or equal to 39 km, the (HAAT) of at least 300 meters (984 feet). station is Class B1. Class C stations must have an antenna (ii) If this distance is greater than 39 height above average terrain (HAAT) of km and less than or equal to 52 km, the at least 451 meters (1480 feet). station is Class B. (3) Stations of any class except Class (3) For a station in Zone II: A may have an ERP less than that (i) If this distance is greater than 28 specified in paragraph (a)(1) of this sec- km and less than or equal to 39 km, the tion, provided that the reference dis- station is Class C3. tance, determined in accordance with (ii) If this distance is greater than 39 paragraph (b)(1)(i) of this section, ex- km and less than or equal to 52 km, the ceeds the distance to the class contour station is Class C2. for the next lower class. Class A sta- (iii) If this distance is greater than 52 tions may have an ERP less than 100 km and less than or equal to 72 km, the watts provided that the reference dis- station is Class C1. tance, determined in accordance with (iv) If this distance is greater than 72 paragraph (b)(1)(i) of this section, km and less than or equal to 83 km, the equals or exceeds 6 kilometers. station is Class C0. (b) Maximum limits. (1) Except for sta- (v) If this distance is greater than 83 tions located in Puerto Rico or the Vir- km and less than or equal to 92 km, the gin Islands, the maximum ERP in any station is Class C. direction, reference HAAT, and dis- (4) For a station in Puerto Rico or tance to the class contour for each FM the Virgin Islands: station class are listed below: (i) If this distance is less than or Class equal to 42 km, the station is Class A. Reference contour (ii) If this distance is greater than 42 Station Maximum ERP HAAT in distance class meters (ft.) in kilo- km and less than or equal to 46 km, the meters station is Class B1. (iii) If this distance is greater then 46 A ...... 6 kW (7.8 dBk) ...... 100 (328) 28 B1 ...... 25 kW (14.0 dBk) ...... 100 (328) 39 km and less than or equal to 78 km, the B ...... 50 kW (17.0 dBk) ...... 150 (492) 52 station is Class B. C3 ...... 25 kW (14.0 dBk) ...... 100 (328) 39 C2 ...... 50 kW (17.0 dBk) ...... 150 (492) 52 [52 FR 37788, Oct. 9, 1987; 52 FR 39920, Oct. 26, C1 ...... 100 kW (20.0 dBk) ...... 299 (981) 72 1987, as amended at 54 FR 16367, Apr. 24, 1989; C0 ...... 100 kW (20.0 dBk) ...... 450 (1476) 83 54 FR 19374, May 5, 1989; 54 FR 35339, Aug. 25, C ...... 100 kW (20.0 dBk) ...... 600 (1968) 92 1989; 65 FR 79777, Dec. 20, 2000] (i) The reference distance of a station § 73.211 Power and antenna height re- is obtained by finding the predicted quirements. distance to the 1mV/m contour using (a) Minimum requirements. (1) Except Figure 1 of § 73.333 and then rounding to as provided in paragraphs (a)(3) and the nearest kilometer. Antenna HAAT (b)(2) of this section, FM stations must is determined using the procedure in operate with a minimum effective radi- § 73.313. If the HAAT so determined is ated power (ERP) as follows: less than 30 meters (100 feet), a HAAT (i) The minimum ERP for Class A of 30 meters must be used when finding stations is 0.1 kW. the predicted distance to the 1 mV/m (ii) The ERP for Class B1 stations contour. must exceed 6 kW. (ii) If a station’s ERP is equal to the (iii) The ERP for Class B stations maximum for its class, its antenna must exceed 25 kW. HAAT must not exceed the reference (iv) The ERP for Class C3 stations HAAT, regardless of the reference dis- must exceed 6 kW. tance. For example, a Class A station (v) The ERP for Class C2 stations operating with 6 kW ERP may have an must exceed 25 kW. antenna HAAT of 100 meters, but not (vi) The ERP for Class C1 stations 101 meters, even though the reference must exceed 50 kW. distance is 28 km in both cases.

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(iii) Except as provided in paragraph procedures set forth in Note 4 to (b)(3) of this section, no station will be § 73.3573. authorized in Zone I or I-A with an [53 FR 17042, May 13, 1988, as amended at 54 ERP equal to 50 kW and a HAAT ex- FR 16367, Apr. 24, 1989; 54 FR 19374, May 5, ceeding 150 meters. No station will be 1989; 54 FR 35339, Aug. 25, 1989; 65 FR 79777, authorized in Zone II with an ERP Dec. 20, 2000] equal to 100 kW and a HAAT exceeding 600 meters. § 73.212 Administrative changes in au- (2) If a station has an antenna HAAT thorizations. greater than the reference HAAT for (a) In the issuance of FM broadcast its class, its ERP must be lower than station authorizations, the Commis- the class maximum such that the ref- sion will specify the transmitter out- erence distance does not exceed the put power and effective radiated power class contour distance. If the antenna in accordance with the following tab- HAAT is so great that the station’s ulation: ERP must be lower than the minimum ERP for its class (specified in para- Rounded out to graphs (a)(1) and (a)(3) of this section), Power (watts or kW) nearest fig- that lower ERP will become the min- ure (watts imum for that station. or kW) (3) For stations located in Puerto 1 to 3 ...... 05 Rico or the Virgin Islands, the max- 3 to 10 ...... 1 imum ERP in any direction, reference 10 to 30 ...... 5 30 to 100 ...... 1 HAAT, and distance to the class con- 100 to 300 ...... 5 tour for each FM station class are list- 300 to 1,000 ...... 10 ed below: (b) Antenna heights above average Class Reference contour terrain will be rounded out to the near- Station Maximum ERP HAAT in distance est meter. class meters (ft.) in kilometers [28 FR 13623, Dec. 14, 1963, as amended at 48 FR 29506, June 27, 1983] A ...... 6kW (7.8 dBk) ...... 240 (787) 42 B1 ...... 25kW (14.0 dBk) ...... 150 (492) 46 B ...... 50kW (17.0 dBk) ...... 472 (1549) 78 § 73.213 Grandfathered short-spaced stations. (c) Existing stations. Stations author- (a) Stations at locations authorized ized prior to March 1, 1984 that do not prior to November 16, 1964, that did not conform to the requirements of this meet the separation distances required section may continue to operate as au- by § 73.207 and have remained continu- thorized. Stations operating with fa- ously short-spaced since that time may cilities in excess of those specified in be modified or relocated with respect paragraph (b) of this section may not to such short-spaced stations, provided increase their effective radiated powers that (i) any area predicted to receive or extend their 1 mV/m field strength interference lies completely within any contour beyond the location permitted area currently predicted to receive co- by their present authorizations. The channel or first-adjacent channel inter- provisions of this section will not apply ference as calculated in accordance to applications to increase facilities for with paragraph (a)(1) of this section, or those stations operating with less than that (ii) a showing is provided pursuant the minimum power specified in para- to paragraph (a)(2) of this section that graph (a) of this section. demonstrates that the public interest (d) Existing Class C stations below min- would be served by the proposed imum antenna HAAT. Class C stations changes. authorized prior to January 19, 2001 (1) The F(50,50) curves in Figure 1 of that do not meet the minimum an- § 73.333 are to be used in conjunction tenna HAAT specified in paragraph with the proposed effective radiated (a)(2) of this section for Class C sta- power and antenna height above aver- tions may continue to operate as au- age terrain, as calculated pursuant to thorized subject to the reclassification § 73.313(c), (d)(2) and (d)(3), using data

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for as many radials as necessary, to de- sult of new co-channel or first-adja- termine the location of the desired cent-channel interference has adequate (service) field strength. The F(50,10) aural service remaining. For the pur- curves in Figure 1a of § 73.333 are to be pose of this section, adequate service is used in conjunction with the proposed defined as 5 or more aural services (AM effective radiated power and antenna or FM). height above average terrain, as cal- (3) For co-channel and first-adjacent- culated pursuant to § 73.313(c), (d)(2) channel stations, a copy of any applica- and (d)(3), using data for as many tion proposing interference caused in radials as necessary, to determine the any areas where interference is not location of the undesired (interfering) currently caused must be served upon field strength. Predicted interference is the licensee(s) of the affected short- defined to exist only for locations spaced station(s). where the desired (service) field (4) For stations covered by this para- strength exceeds 0.5 mV/m (54 dBu) for graph (a), there are no distance separa- a Class B station, 0.7 mV/m (57 dBu) for tion or interference protection require- a Class B1 station, and 1 mV/m (60 dBu) ments with respect to second-adjacent for any other class of station. and third-adjacent channel short- (i) Co-channel interference is pre- spacings that have existed continu- dicted to exist, for the purpose of this ously since November 16, 1964. section, at all locations where the (b) Stations at locations authorized undesired (interfering station) F(50,10) prior to May 17, 1989, that did not meet field strength exceeds a value 20 dB the IF separation distances required by below the desired (service) F(50,50) field § 73.207 and have remained short-spaced strength of the station being consid- since that time may be modified or re- ered (e.g., where the protected field located provided that the overlap area strength is 60 dBu, the interfering field of the two stations’ 36 mV/m field strength must be 40 dBu or more for strength contours is not increased. predicted interference to exist). (c) Short spacings involving at least (ii) First-adjacent channel inter- one Class A allotment or authoriza- ference is predicted to exist, for the tion. Stations that became short purpose of this section, at all locations spaced on or after November 16, 1964 where the undesired (interfering sta- (including stations that do not meet tion) F(50,10) field strength exceeds a the minimum distance separation re- value 6 dB below the desired (service) quirements of paragraph (c)(1) of this F(50,50) field strength of the station section and that propose to maintain being considered (e.g., where the pro- or increase their existing distance sep- tected field strength is 60 dBu, the arations) may be modified or relocated interfering field strength must be 54 in accordance with paragraph (c)(1) or dBu or more for predicted interference (c)(2) of this section, except that this to exist). provision does not apply to stations (2) For co-channel and first-adjacent that became short spaced by grant of channel stations, a showing that the applications filed after October 1, 1989, public interest would be served by the or filed pursuant to § 73.215. If the ref- changes proposed in an application erence coordinates of an allotment are must include exhibits demonstrating short spaced to an authorized facility that the total area and population sub- or another allotment (as a result of the ject to co-channel or first-adjacent revision of § 73.207 in the Second Report channel interference, caused and re- and Order in MM Docket No. 88–375), an ceived, would be maintained or de- application for the allotment may be creased. In addition, the showing must authorized, and subsequently modified include exhibits demonstrating that after grant, in accordance with para- the area and the population subject to graph (c)(1) or (c)(2) of this section only co-channel or first-adjacent channel in- with respect to such short spacing. No terference caused by the proposed facil- other stations will be authorized pursu- ity to each short-spaced station indi- ant to these paragraphs. vidually is not increased. In all cases, (1) Applications for authorization under the applicant must also show that any requirements equivalent to those of prior area predicted to lose service as a re- rules. Each application for authority to

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operate a Class A station with no more does not exceed 98 km must specify a than 3000 watts ERP and 100 meters an- transmitter site that meets the min- tenna HAAT (or equivalent lower ERP imum distance separation require- and higher antenna HAAT based on a ments in this paragraph. Each applica- class contour distance of 24 km) must tion for authority to operate an FM specify a transmitter site that meets station of any class other than Class A the minimum distance separation re- must specify a transmitter site that quirements in this paragraph. Each ap- meets the minimum distance separa- plication for authority to operate a tion requirements in this paragraph Class A station with more than 3000 with respect to Class A stations oper- watts ERP (up to a maximum of 5800 ating pursuant to this paragraph or watts), but with an antenna HAAT paragraph (c)(2) of this section, and lower than 100 meters such that the that meets the minimum distance sep- distance to the predicted 0.05 mV/m (34 aration requirements of § 73.207 with re- dBμV/m) F(50,10) field strength contour spect to all other stations.

MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS (MILES)

Relation Co-channel 200 kHz 400/600 kHz 10.6/10.8 MHz

A to A ...... 105 (65) 64 (40) 27 (17) 8 (5) A to B1 ...... 138 (86) 88 (55) 48 (30) 11 (6) A to B ...... 163 (101) 105 (65) 69 (43) 14 (9) A to C3 ...... 138 (86) 84 (52) 42 (26) 11 (6) A to C2 ...... 163 (101) 105 (65) 55 (34) 14 (9) A to C1 ...... 196 (122) 129 (80) 74 (46) 21 (13) A to C ...... 222 (138) 161 (100) 94 (58) 28 (17)

(2) Applications for authorization of only if such action is consistent with Class A facilities greater than 3,000 the public interest. watts ERP and 100 meters HAAT. Each [52 FR 37789, Oct. 9, 1987, as amended at 54 FR application to operate a Class A sta- 14964, Apr. 14, 1989; 54 FR 35339, Aug. 25, 1989; tion with an ERP and HAAT such that 56 FR 27426, June 14, 1991; 62 FR 50521, Sept. the reference distance would exceed 24 26, 1997; 63 FR 33876, June 22, 1998] kilometers must contain an exhibit demonstrating the consent of the li- § 73.215 Contour protection for short- censee of each co-channel, first, second spaced assignments. or third adjacent channel station (for The Commission will accept applica- which the requirements of § 73.207 are tions that specify short-spaced antenna not met) to a grant of that application. locations (locations that do not meet Each such application must specify a the domestic co-channel and adjacent transmitter site that meets the appli- channel minimum distance separation cable IF-related channel distance sepa- requirements of § 73.207); Provided ration requirements of § 73.207. Applica- That, such applications propose con- tions that specify a new transmitter tour protection, as defined in para- site which is short-spaced to an FM graph (a) of this section, with all short- station other than another Class A sta- spaced assignments, applications and tion which is seeking a mutual in- allotments, and meet the other appli- crease in facilities may be granted only cable requirements of this section. if no alternative fully-spaced site or Each application to be processed pursu- less short-spaced site is available. Li- ant to this section must specifically re- censees of Class A stations seeking mu- quest such processing on its face, and tual increases in facilities need not must include the necessary exhibit to show that a fully spaced site or less demonstrate that the requisite contour short-spaced site is available. Applica- protection will be provided. Such appli- tions submitted pursuant to the provi- cations may be granted when the Com- sions of this paragraph may be granted mission determines that such action would serve the public interest, convenience, and necessity.

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(a) Contour protection. Contour pro- F(50,50) field strength along the protection, for the purpose of this section, tected contour for which overlap is pro- means that on the same channel and on hibited. For first adjacent channel sta- the first, second and third adjacent tions (±200 kHz), the F(50,10) field channels, the predicted interfering con- strength along the interfering contour tours of the proposed station do not is 6 dB lower than the F(50,50) field overlap the predicted protected con- strength along the protected contour tours of other short-spaced assign- for which overlap is prohibited. For ments, applications and allotments, both second and third adjacent channel and the predicted interfering contours stations (±400 kHz and ±600 kHz), the of other short-spaced assignments, ap- F(50,10) field strength along the inter- plications and allotments do not over- fering contour is 40 dB higher than the lap the predicted protected contour of F(50,50) field strength along the pro- the proposed station. tected contour for which overlap is pro- (1) The protected contours, for the hibited. purpose of this section, are defined as follows. For all Class B and B1 stations (3) The locations of the protected and on Channels 221 through 300 inclusive, interfering contours of the proposed the F(50,50) field strengths along the station and the other short-spaced as- protected contours are 0.5 mV/m (54 signments, applications and allotments dBμ) and 0.7 mV/m (57 dBμ), respec- must be determined in accordance with tively. For all other stations, the the procedures of paragraphs (c), (d)(2) F(50,50) field strength along the pro- and (d)(3) of § 73.313, using data for as tected contour is 1.0 mV/m (60 dBμ). many radials as necessary to accu- (2) The interfering contours, for the rately locate the contours. purpose of this section, are defined as (4) Protected and interfering con- follows. For co-channel stations, the tours (in dBu) for stations in Puerto F(50,10) field strength along the inter- Rico and the U.S. Virgin Islands are as fering contour is 20 dB lower than the follows:

Station with protected contour Station with interfering contour Class A Class B1 Class B Interfering Protected Interfering Protected Interfering Protected

Co-Channel: Class A...... 46 66 41 61 40 60 Class B1...... 43 63 39 59 38 58 Class B...... 45 65 41 61 41 61 1st Adj. Channel: Class A...... 61 67 56 62 59 65 Class B1...... 57 63 54 60 54 60 Class B...... 62 68 56 62 57 63 2nd-3rd Adj. Channel: Class A...... 107 67 100 60 104 64 Class B1...... 99 59 100 60 104 64 Class B...... 94 54 94 54 104 64 Maximum permitted facilities assumed for each station pursuant to 47 CFR 73.211(b)(3): 6 kW ERP/240 meters HAAT—Class A 25 kW ERP/150 meters HAAT—Class B1 50 kW ERP/472 meters HAAT—Class B

(b) Applicants requesting short- must be used to calculate the ERP in spaced assignments pursuant to this particular directions. See § 73.316 for section must take into account the fol- additional requirements for directional lowing factors in demonstrating that antennas. contour protection is achieved: (2) The ERP and antenna HAAT of (1) The ERP and antenna HAAT of other short-spaced assignments, appli- the proposed station in the direction of cations and allotments in the direction the contours of other short-spaced as- of the contours of the proposed station. signments, applications and allot- The ERP and antenna HAATs in the di- ments. If a directional antenna is pro- rections of concern must be determined posed, the pattern of that antenna as follows:

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(i) For vacant allotments, contours (iv) For applications containing a re- are based on the presumed use, at the quest for authorization pursuant to allotment’s reference point, of the this section, except for applications to maximum ERP that could be author- continue operation with authorized ized for the station class of the allot- ERP that exceeds the maximum ERP ment, and antenna HAATs in the direc- permitted by § 73.211 for the standard tions of concern that would result from eight-radial antenna HAAT employed, a non-directional antenna mounted at contours are based on the use of the a standard eight-radial antenna HAAT proposed ERP in the directions of con- equal to the reference HAAT for the cern, and antenna HAATs in the direc- station class of the allotment. tions of concern derived from the pro- (ii) For existing stations that were posed standard eight-radial antenna not authorized pursuant to this sec- HAAT. For applications to continue tion, including stations with author- operation with an ERP that exceeds ized ERP that exceeds the maximum the maximum ERP permitted by ERP permitted by § 73.211 for the stand- § 73.211 for the standard eight-radial ard eight-radial antenna HAAT em- HAAT employed, if processing is re- ployed, and for applications not requested under this section, contours questing authorization pursuant to are based on the presumed use of the this section, contours are based on the maximum ERP for the applicable sta- presumed use of the maximum ERP for tion class (as specified in § 73.211), and the applicable station class (as speci- antenna HAATs in the directions of fied in § 73.211), and the antenna HAATs concern that would result from a non- in the directions of concern that would directional antenna mounted at a result from a non-directional antenna standard eight-radial antenna HAAT mounted at a standard eight-radial an- equal to the reference HAAT for the tenna HAAT equal to the reference applicable station class, without regard HAAT for the applicable station class, to any other restrictions that may without regard to any other restric- apply. tions that may apply (e.g. zoning laws, FAA constraints, application of NOTE TO PARAGRAPH (b): Applicants are § 73.213). cautioned that the antenna HAAT in any particular direction of concern will not usu- (iii) For stations authorized pursuant ally be the same as the standard eight-radial to this section, except stations with antenna HAAT or the reference HAAT for authorized ERP that exceeds the max- the station class. imum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT (c) Applications submitted for proc- employed, contours are based on the essing pursuant to this section are not use of the authorized ERP in the direc- required to propose contour protection tions of concern, and HAATs in the di- of any assignment, application or allot- rections of concern derived from the ment for which the minimum distance authorized standard eight-radial an- separation requirements of § 73.207 are tenna HAAT. For stations with author- met, and may, in the directions of ized ERP that exceeds the maximum those assignments, applications and al- ERP permitted by § 73.211 for the stand- lotments, employ the maximum ERP ard eight-radial antenna HAAT em- permitted by § 73.211 for the standard ployed, authorized under this section, eight-radial antenna HAAT employed. contours are based on the presumed use (d) Stations authorized pursuant to of the maximum ERP for the applica- this section may be subsequently au- ble station class (as specified in thorized on the basis of compliance § 73.211), and antenna HAATs in the di- with the domestic minimum separation rections of concern that would result distance requirements of § 73.207, upon from a non-directional antenna mount- filing of an FCC Form 301 or FCC Form ed at a standard eight-radial antenna 340 (as appropriate) requesting a modi- HAAT equal to the reference HAAT for fication of authorization. the applicable station class, without (e) The Commission will not accept regard to any other restrictions that applications that specify a short- may apply. spaced antenna location for which the

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following minimum distance separa- § 73.232 Territorial exclusivity. tion requirements, in kilometers No licensee of an FM broadcast sta- (miles), are not met: tion shall have any arrangement with a network organization which prevents Relation Co-Chan- 200 kHz 400/600 nel kHz or hinders another station serving sub- A to A ...... 92 (57) 49 (30) 25 (16) stantially the same area from broad- A to B1 ...... 119 (74) 72 (45) 42 (26) casting the network’s programs not A to B ...... 143 (89) 96 (60) 63 (39) taken by the former station, or which A to C3 ...... 119 (74) 72 (45) 36 (22) prevents or hinders another station A to C2 ...... 143 (89) 89 (55) 49 (30) A to C1 ...... 178 (111) 111 (69) 69 (43) serving a substantially different area A to C0 ...... 193 (120) 130 (81) 80 (50) from broadcasting any program of the A to C ...... 203 (126) 142 (88) 89 (55) network organization: Provided, how- B1 to B1 ...... 143 (89) 96 (60) 44 (27) ever, That this section does not pro- B1 to B ...... 178 (111) 114 (71) 65 (40) B1 to C3 ...... 143 (89) 96 (60) 44 (27) hibit arrangements under which the B1 to C2 ...... 175 (109) 114 (71) 50 (31) station is granted first call within its B1 to C1 ...... 200 (124) 134 (83) 71 (44) primary service area upon the net- B1 to C0 ...... 0215 (134) 153 (95) 81 (50) work’s programs. The term ‘‘network B1 to C ...... 233 (145) 165 (103) 99 (61) B to B ...... 211 (131) 145 (90) 68 (42) organization’’ means any organization B to C3 ...... 178 (111) 114 (70) 65 (40) originating program material, with or B to C2 ...... 211 (131) 145 (90) 68 (42) without commercial messages, and fur- B to C1 ...... 241 (150) 169 (105) 73 (45) nishing the same to stations inter- B to C0 ...... 266 (165) 195 (121) 83 (52) B to C ...... 268 (163) 195 (121) 99 (61) connected so as to permit simultaneous C3 to C3 ...... 142 (88) 89 (55) 37 (23) broadcast by all or some of them. How- C3 to C2 ...... 166 (103) 106 (66) 50 (31) ever, arrangements involving only sta- C3 to C1 ...... 200 (124) 133 (83) 70 (43) tions under common ownership, or only C3to C0 ...... 215 (134) 152 (94) 81 (50) C3 to C ...... 226 (140) 165 (103) 90 (56) the rebroadcast by one station of pro- C2 to C2 ...... 177 (110) 117 (73) 52 (32) gramming from another with no com- C2 to C1 ...... 211 (131) 144 (90) 73 (45) pensation other than a lump-sum pay- C2 to C0 ...... 227 (141) 163 (101) 83 (52) ment by the station rebroadcasting, C2 to C ...... 237 (147) 176 (109) 96 (61) C1 to C1 ...... 224 (139) 158 (98) 76 (47) are not considered arrangements with C1 to C0 ...... 239 (148) 176 (109) 88 (55) a network organization. The term ‘‘ar- C1 to C ...... 249 (155) 188 (117) 99 (61) rangement‘‘ means any contract, ar- C0 to C0 ...... 259 (161) 196 (122) 90 (56) rangement or understanding, express C0 to C ...... 270 (168) 207 (129 99 (61) or implied. C to C ...... 270 (168) 209 (130) 99 (61) [42 FR 16422, Mar. 28, 1977, as amended at 57 [54 FR 9802, Mar. 8, 1989, as amended at 54 FR FR 48333, Oct. 23, 1992] 35340, Aug. 25, 1989; 56 FR 57294, Nov. 8, 1991; 57 FR 46325, Oct. 8, 1992; 65 FR 79777, Dec. 20, § 73.239 Use of common antenna site. 2000; 66 FR 8149, Jan. 29, 2001] No FM broadcast station license or § 73.220 Restrictions on use of chan- renewal of FM broadcast station li- nels. cense will be granted to any person who owns, leases, or controls a par- (a) The frequency 89.1 MHz (channel ticular site which is peculiarly suitable 206) is revised in the New York City for FM broadcasting in a particular metropolitan area for the use of the area and (a) which is not available for United Nations with the equivalent of use by other FM broadcast station li- an antenna height of 150 meters (492 censees; and (b) no other comparable feet) above average terrain and effec- site is available in the area; and (c) tive radiated power of 20 kWs, and the FCC will make no assignments which where the exclusive use of such site by would cause objectionable interference the applicant or licensee would unduly with such use. limit the number of FM broadcast sta- (b) [Reserved] tions that can be authorized in a particular area or would unduly restrict [43 FR 45845, Oct. 4, 1978, as amended at 46 FR competition among FM broadcast sta- 50376, Oct. 13, 1981, 47 FR 30068, July 12, 1982; tions. 48 FR 29507, June 27, 1983; 70 FR 46676, Aug. 10, 2005] [28 FR 13623, Dec. 14, 1963]

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§ 73.258 Indicating instruments. sive to relative voltage, current, or (a) Each FM broadcast station shall power) located at the RF output termi- be equipped with indicating instru- nals of the transmitter. This meter ments which conform with the speci- must be calibrated whenever there is fications described in § 73.1215 for deter- any indication that the calibration is mining power by the indirect method; inaccurate or whenever any component for indicating the relative amplitude of of the metering circuit is repaired or the transmission line radio frequency replaced. The calibration must cover, current, voltage, or power; and with as a minimum, the range from 90% to such other instruments as are nec- 105% of authorized power. The meter essary for the proper adjustment, oper- calibration may be checked by meas- ation, and maintenance of the trans- uring the power at the transmitter ter- mitting system. minals while either: (b) The function of each instrument (1) Operating the transmitter into shall be clearly and permanently the transmitting antenna, and deter- shown in the instrument itself or on mining actual operating power by the the panel immediately adjacent there- indirect method described in § 73.267(c); to. or (c) In the event that any one of these (2) Operating the transmitter into a indicating instruments becomes defec- load (of substantially zero reactance tive when no substitute which con- and a resistance equal to the trans- forms with the required specifications mission line characteristic impedance) is available, the station may be oper- and using an electrical device (within ated without the defective instrument ±5% accuracy) or temperature and pending its repair or replacement for a coolant flow indicator (within ±4% ac- period not in excess of 60 days without curacy) to determine the power. further authority of the FCC: Provided (3) The calibration must cover, as a that, if the defective instrument is the minimum, the range from 90% to 105% transmission line meter of a station of authorized power and the meter which determines the output power by must provide clear indications which the direct method, the operating power will permit maintaining the operating shall be determined by the indirect power within the prescribed tolerance method in accordance with § 73.267(c) or the meter shall be calibrated to read during the entire time the station is directly in power units. operated without the transmission line (c) Indirect method. The operating meter. power is determined by the indirect (d) If conditions beyond the control method by applying an appropriate fac- of the licensee prevent the restoration tor to the input power to the last of the meter to service within the radio-frequency power amplifier stage above allowed period, an informal let- of the transmitter, using the following ter request in accordance with § 73.3549 formula: may be filed with the FCC, Attention: Transmitter output power = Ep × Ip × F Audio Division, Media Bureau, in Washington, DC for such additional Where: time as may be required to complete Ep = DC input voltage of final radio stage. repairs of the defective instrument. Ip = Total DC input current of final radio stage. [41 FR 36818, Sept. 1, 1976, as amended at 48 F = Efficiency factor. FR 44805, Sept. 30, 1983; 50 FR 32416, Aug. 12, 1985; 63 FR 33876, June 22, 1998; 67 FR 13231, (1) If the above formula is not appro- Mar. 21, 2002] priate for the design of the transmitter final amplifier, use a formula specified § 73.267 Determining operating power. by the transmitter manufacturer with (a) The operating power of each FM other appropriate operating param- station is to be determined by either eters. the direct or indirect method. (2) The value of the efficiency factor, (b) Direct method. The direct method F, established for the authorized trans- of power determination for an FM sta- mitter output power is to be used for tion uses the indications of a cali- maintaining the operating power, even brated transmission line meter (respon- though there may be some variation in

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F over the power operating range of the § 73.293 Use of FM multiplex subcar- transmitter. riers. (3) The value of F is to be determined Licensees of FM broadcast stations and a record kept thereof by one of the may transmit, without further author- following procedures listed in order of preference: ization, subcarrier communication (i) Using the most recent measure- services in accordance with the provi- ment data for calibration of the trans- sions of §§ 73.319 and 73.322. mission line meter according to the [51 FR 17028, May 8, 1986] procedures described in paragraph (b) of this section or the most recent § 73.295 FM subsidiary communica- measurements made by the licensee es- tions services. tablishing the value of F. In the case of (a) Subsidiary communication serv- composite transmitters or those in ices are those transmitted on a subcar- which the final amplifier stages have rier within the FM baseband signal, been modified pursuant to FCC ap- but do not include services which en- proval, the licensee must furnish the FCC and also retain with the station hance the main program broadcast records the measurement data used as service, or exclusively relate to station a basis for determining the value of F. operations (see § 73.293). Subsidiary (ii) Using measurement data shown communications include, but are not on the transmitter manufacturer’s test limited to services such as functional data supplied to the licensee; Provided, music, specialized foreign language That measurements were made at the programs, radio reading services, util- authorized frequency and transmitter ity load management, market and fi- output power. nancial data and news, paging and call- (iii) Using the transmitter manufac- ing, traffic control signal switching, bi- turer’s measurement data submitted to lingual television audio, and point to the FCC for type acceptance and as point or multipoint messages. shown in the instruction book supplied (b) FM subsidiary communications to the licensee. services that are common carrier in nature are subject to common carrier reg- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) ulation. Licensees operating such services are required to apply to the FCC [44 FR 58731, Oct. 11, 1979, as amended at 45 for the appropriate authorization and FR 28141, Apr. 28, 1980; 48 FR 38479, Aug. 24, 1983; 49 FR 4210, Feb. 3, 1984; 49 FR 49851, Dec. to comply with all policies and rules 24, 1984] applicable to the service. Responsi- bility for making the initial deter- § 73.277 Permissible transmissions. minations of whether a particular ac- (a) No FM broadcast licensee or per- tivity is common carriage rests with mittee shall enter into any agreement, the FM station licensee. Initial deter- arrangement or understanding, oral or minations by licensees are subject to written, whereby it undertakes to sup- FCC examination and may be reviewed ply, or receives consideration for sup- at the FCC’s discretion. plying, on its main channel a func- (c) Subsidiary communications serv- tional music, background music, or ices are of a secondary nature under other subscription service (including the authority of the FM station au- storecasting) for reception in the place thorization, and the authority to pro- or places of business of any subscriber. vide such communications services (b) The transmission (or interrup- may not be retained or transferred in tion) of radio energy in the FM broad- any manner separate from the station’s cast band is permissible only pursuant authorization. The grant or renewal of to a station license, program test au- an FM station permit or license is not thority, construction permit, or experi- furthered or promoted by proposed or mental authorization and the provi- past services. The permittee or licensee sions of this part of the rules. must establish that the broadcast oper- [29 FR 7471, June 10, 1964. Redesignated at 39 ation is in the public interest wholly FR 38655, Nov. 1, 1974 and amended at 48 FR apart from the subsidiary communica- 28454, June 22, 1983] tions services provided.

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(d) The station identification, de- of the radiation of the antenna that layed recording and sponsor identifica- transmits the horizontal component of tion announcements required by radiation. §§ 73.1201, 73.1208, and 73.1212 are not ap- Antenna power gain. The square of the plicable to material transmitted under ratio of the root-mean-square (RMS) an SCA. free space field strength produced at 1 (e) The licensee or permittee must kilometer in the horizontal plane in retain control over all material trans- millivolts per meter for 1 kW antenna mitted in a broadcast mode via the sta- input power to 221.4 mV/m. This ratio tion’s facilities, with the right to re- is expressed in decibels (dB). If speci- ject any material that it deems inap- fied for a particular direction, antenna propriate or undesirable. power gain is based on that field [48 FR 28454, June 22, 1983, as amended at 48 strength in the direction only. FR 44805, Sept. 30, 1983; 49 FR 33663, Aug. 15, Auxiliary facility. An auxiliary facil- 1984; 50 FR 32416, Aug. 12, 1985; 57 FR 48333, ity is an antenna separate from the Oct. 23, 1992] main facility’s antenna, permanently § 73.297 FM stereophonic sound broad- installed on the same tower or at a dif- casting. ferent location, from which a station may broadcast for short periods with- (a) An FM broadcast station may, out prior Commission authorization or without specific authority from the notice to the Commission while the FCC, transmit stereophonic (biphonic, main facility is not in operation (e.g., quadraphonic, etc.) sound programs upon installation of stereophonic sound where tower work necessitates turning transmitting equipment under the pro- off the main antenna or where light- visions of §§ 2.1001, 73.322, and 73.1590 of ning has caused damage to the main the Rules. Prior to commencement of antenna or transmission system) (See stereophonic sound broadcasting, § 73.1675). equipment performance measurements Center frequency. The term ‘‘center must be made to ensure that the trans- frequency’’ means: mitted signal complies with all appli- (1) The average frequency of the cable rules and standards. emitted wave when modulated by a si- (b) Each licensee or permittee engag- nusoidal signal. ing in multichannel broadcasting must (2) The frequency of the emitted wave measure the pilot subcarrier frequency without modulation. as often as necessary to ensure that it Composite antenna pattern. The com- is kept at all times within 2 Hz of the posite antenna pattern is a relative authorized frequency. field horizontal plane pattern for 360 [48 FR 28454, June 22, 1983, and 48 FR 38479, degrees of azimuth, for which the value Aug. 24, 1983] at a particular azimuth is the greater of the horizontally polarized or § 73.310 FM technical definitions. vertically polarized component relative (a) Frequency modulation. Antenna field values. The composite antenna height above average terrain (HAAT). pattern is normalized to a maximum of HAAT is calculated by: determining unity (1.000) relative field. the average of the antenna heights Composite baseband signal. A signal above the terrain from 3 to 16 kilo- which is composed of all program and meters (2 to 10 miles) from the antenna other communications signals that fre- for the eight directions evenly spaced quency modulates the FM carrier. for each 45° of azimuth starting with Effective radiated power. The term True North (a different antenna height ‘‘effective radiated power’’ means the will be determined in each direction product of the antenna power (trans- from the antenna): and computing the mitter output power less transmission average of these separate heights. In line loss) times: (1) The antenna power some cases less than eight directions gain, or (2) the antenna field gain may be used. (See § 73.313(d).) Where squared. Where circular or elliptical circular or elliptical polarization is polarization is employed, the term ef- used, the antenna height above average fective radiated power is applied sepa- terrain must be based upon the height rately to the horizontal and vertical

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components of radiation. For alloca- neous radio frequency is independent of tion purposes, the effective radiated the frequency of the modulating signal. power authorized is the horizontally Frequency swing. The peak difference polarized component of radiation only. between the maximum and the min- Equivalent isotropically radiated power imum values of the instantaneous fre- (EIRP). The term ‘‘equivalent quency of the carrier wave during mod- isotropically radiated power (also ulation. known as ‘‘effective radiated power Multiplex transmission. The term above isotropic) means the product of ‘‘multiplex transmission’’ means the the antenna input power and the an- simultaneous transmission of two or tenna gain in a given direction relative more signals within a single channel. to an isotropic antenna. Multiplex transmission as applied to FM Blanketing. Blanketing is that FM broadcast stations means the form of interference to the reception of transmission of facsimile or other sig- other broadcast stations which is nals in addition to the regular broad- caused by the presence of an FM broadcast signals. cast signal of 115 dBu (562 mV/m) or Percentage modulation. The ratio of greater signal strength in the area ad- the actual frequency deviation to the jacent to the antenna of the transmit- frequency deviation defined as 100% ting station. The 115 dBu contour is re- modulation, expressed in percentage. ferred to as the blanketing contour and For FM broadcast stations, a frequency the area within this contour is referred deviation of ±75kHz is defined as 100% to as the blanketing area. modulation. FM broadcast band. The band of fre- (b) Stereophonic sound broadcasting. quencies extending from 88 to 108 MHz, Cross-talk. An undesired signal occur- which includes those assigned to non- ring in one channel caused by an elec- commercial educational broadcasting. trical signal in another channel. FM broadcast channel. A band of fre- FM stereophonic broadcast. The trans- quencies 200 kHz wide and designated mission of a stereophonic program by a by its center frequency. Channels for single FM broadcast station utilizing FM broadcast stations begin at 88.1 the main channel and a stereophonic MHz and continue in successive steps subchannel. of 200 kHz to and including 107.9 MHz. Left (or right) signal. The electrical FM broadcast station. A station em- output of a microphone or combination ploying frequency modulation in the of microphones placed so as to convey FM broadcast band and licensed pri- the intensity, time, and location of marily for the transmission of radio- sounds originating predominately to telephone emissions intended to be re- the listener’s left (or right) of the cen- ceived by the general public. ter of the performing area. Field strength. The electric field Left (or right) stereophonic channel. strength in the horizontal plane. The left (or right) signal as electrically Free space field strength. The field reproduced in reception of FM stereo- strength that would exist at a point in phonic broadcasts. the absence of waves reflected from the Main channel. The band of fre- earth or other reflecting objects. quencies from 50 to 15,000 Hz which fre- Frequency departure. The amount of quency-modulate the main carrier. variation of a carrier frequency or cen- Pilot subcarrier. A subcarrier that ter frequency from its assigned value. serves as a control signal for use in the Frequency deviation. The peak dif- reception of FM stereophonic sound ference between modulated wave and broadcasts. the carrier frequency. Stereophonic separation. The ratio of Frequency modulation. A system of the electrical signal caused in sound modulation where the instantaneous channel A to the signal caused in sound radio frequency varies in proportion to channel B by the transmission of only the instantaneous amplitude of the a channel B signal. Channels A and B modulating signal (amplitude of modu- may be any two channels of a stereo- lating signal to be measured after pre- phonic sound broadcast transmission emphasis, if used) and the instanta- system.

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Stereophonic sound. The audio infor- (4) In determining compliance with mation carried by plurality of channels § 73.215 concerning contour protection. arranged to afford the listener a sense [28 FR 13623, Dec. 14, 1963, as amended at 31 of the spatial distribution of sound FR 10126, July 27, 1966; 32 FR 11471, Aug. 9, sources. Stereophonic sound broad- 1967; 52 FR 10570, Apr. 2, 1987; 54 FR 9802, Mar. casting includes, but is not limited to, 8, 1989] biphonic (two channel), triphonic (three channel) and quadrophonic (four § 73.312 Topographic data. channel) program services. (a) In the preparation of the profile Stereophonic sound subcarrier. A sub- graphs previously described, and in de- carrier within the FM broadcast termining the location and height baseband used for transmitting signals above mean sea level of the antenna for stereophonic sound reception of the site, the elevation or contour intervals main broadcast program service. shall be taken from United States Geo- Stereophonic sound subchannel. The logical Survey Topographic Quadrangle Maps, United States Army Corps of En- band of frequencies from 23 kHz to 99 gineers Maps or Tennessee Valley Au- kHz containing sound subcarriers and thority maps, whichever is the latest, their associated sidebands. for all areas for which such maps are (c) Visual transmissions. Communica- available. If such maps are not pub- tions or message transmitted on a sub- lished for the area in question, the next carrier intended for reception and vis- best topographic information should be ual presentation on a viewing screen, used. Topographic data may sometimes teleprinter, facsimile printer, or other be obtained from state and municipal form of graphic display or record. agencies. The data from the Sectional (d) Control and telemetry transmissions. Aeronautical Charts (including bench Signals transmitted on a multiplex marks) or railroad depot elevations and subcarrier intended for any form of highway elevations from road maps control and switching functions or for may be used where no better informa- equipment status data and aural or vis- tion is available. In cases where lim- ual alarms. ited topographic data can be obtained, use may be made of an altimeter in a [28 FR 13623, Dec. 14, 1963, as amended at 39 FR 10575, Mar. 21, 1974; 44 FR 36038, June 20, car driven along roads extending gen- 1979; 48 FR 28454, June 22, 1983; 48 FR 29507, erally radially from the transmitter June 27, 1983; 48 FR 37216, Aug. 17, 1983; 49 FR site. 45145, Nov. 15, 1984; 57 FR 48333, Oct. 23, 1992; (b) The Commission will not ordi- 62 FR 51058, Sept. 30, 1997] narily require the submission of topographical maps for areas beyond 24 km § 73.311 Field strength contours. (15 miles) from the antenna site, but (a) Applications for FM broadcast au- the maps must include the principal thorizations must show the field city or cities to be served. If it appears strength contours required by FCC necessary, additional data may be re- Form 301 or FCC Form 340, as appro- quested. priate. (c) The U.S. Geological Survey To- pography Quadrangle Sheets may be (b) The field strength contours pro- obtained from the U.S. Geological Sur- vided for in this section shall be convey Department of the Interior, Wash- sidered for the following purposes only: ington, DC 20240. The Sectional Aero- (1) In the estimation of coverage re- nautical Charts are available from the sulting from the selection of a par- U.S. Coast and Geodetic Survey, De- ticular transmitter site by an appli- partment of Commerce, Washington, cant for an FM broadcast station. DC 20235. These maps may also be se- (2) In connection with problems of cured from branch offices and from au- coverage arising out of application of thorized agents or dealers in most prin- § 73.3555. cipal cities. (3) In determining compliance with (d) In lieu of maps, the average ter- § 73.315(a) concerning the minimum rain elevation may be computer gen- field strength to be provided over the erated except in cases of dispute, using principal community to be served. elevations from a 30 second, point or

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better topographic data file. The file (d) The antenna height to be used must be identified and the data proc- with this chart is the height of the ra- essed for intermediate points along diation center of the antenna above the each radial using linear interpolation average terrain along the radial in techniques. The height above mean sea question. In determining the average level of the antenna site must be ob- elevation of the terrain, the elevations tained manually using appropriate between 3 and 16 kilometers from the topographic maps. antenna site are used. (1) Profile graphs must be drawn for [28 FR 13623, Dec. 14, 1963, as amended at 31 eight radials beginning at the antenna FR 10126, July 27, 1966; 49 FR 48937, Dec. 17, site and extending 16 kilometers there- 1984; 58 FR 44950, Aug. 25, 1993; 63 FR 33877, June 22, 1998] from. The radials should be drawn for each 45° of azimuth starting with True § 73.313 Prediction of coverage. North. At least one radial must include the principal community to be served (a) All predictions of coverage made even though it may be more than 16 pursuant to this section shall be made kilometers from the antenna site. How- without regard to interference and ever, in the event none of the evenly shall be made only on the basis of esti- spaced radials include the principal mated field strengths. community to be served, and one or (b) Predictions of coverage shall be more such radials are drawn in addi- made only for the same purposes as re- tion, these radials must not be used in late to the use of field strength con- computing the antenna height above tours as specified in § 73.311. average terrain. (c) In predicting the distance to the (2) Where the 3 to 16 kilometers por- field strength contours, the F(50,50) tion of a radial extends in whole or in field strength chart, Figure 1 of § 73.333 part over a large body of water or ex- must be used. The 50% field strength is tends over foreign territory but the 50 defined as that value exceeded for 50% uV/m (34 dBu) contour encompasses of the time. land area within the United States be- (1) The F(50,50) chart gives the esti- yond the 16 kilometers portion of the mated 50% field strengths exceeded at radial, the entire 3 to 16 kilometers 50% of the locations in dB above 1 uV/ portion of the radial must be included m. The chart is based on an effective in the computation of antenna height power radiated from a half-wave dipole above average terrain. However, where antenna in free space, that produces an the 50 uV/m (34 dBu) contour does not unattenuated field strength at 1 kilo- so encompass United States land area, meter of about 107 dB above 1 uV/m and (i) the entire 3 to 16 kilometers (221.4 mV/m). portion of the radial extends over large (2) To use the chart for other ERP bodies of water or over foreign terri- values, convert the ordinate scale by tory, such radial must be completely the appropriate adjustment in dB. For omitted from the computation of an- example, the ordinate scale for an ERP tenna height above average terrain, of 50 kW should be adjusted by 17 dB [10 and (ii) where a part of the 3 to 16 kilo- log (50 kW) = 17 dBk], and therefore a meters portion of a radial extends over field strength of 60 dBu would cor- large bodies of water or foreign terri- respond to the field strength value at tory, only that part of the radial ex- (60¥17 =) 44 dBu on the chart. When tending from 3 kilometers to the outer- predicting the distance to field most portion of land in the United strength contours, use the maximum States covered by the radial used must ERP of the main radiated lobe in the be used in the computation of antenna pertinent azimuthal direction (do not height above average terrain. account for beam tilt). When pre- (3) The profile graph for each radial dicting field strengths over areas not should be plotted by contour intervals in the plane of the maximum main of from 12 to 30 meters and, where the lobe, use the ERP in the direction of data permits, at least 50 points of ele- such areas, determined by considering vation (generally uniformly spaced) the appropriate vertical radiation pat- should be used for each radial. In in- tern. stances of very rugged terrain where

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the use of contour intervals of 30 me- above average terrain is computed as ters would result in several points in a follows (note that the divisor is 7 not short distance, 60 or 120 meter contour 8): intervals may be used for such dis- ¥ ¥ tances. On the other hand, where the (255 + 185 + 90 10 85 + 40 + 85) / 7 terrain is uniform or gently sloping the = 80 meters. smallest contour interval indicated on (iii) Same as paragraph (d)(4)(i) of the topographic map should be used, al- this section, except that only the first though only relatively few points may 10 kilometers of the 90° radial are in be available. The profile graph should the United States; beyond 10 kilo- indicate the topography accurately for meters the 90° radial is in a foreign each radial, and the graphs should be country. The height above average ter- plotted with the distance in kilometers rain of the 3 to 10 kilometer portion of as the abscissa and the elevation in the 90° radial is 105 meters. The an- meters above mean sea level as the or- tenna height above average terrain is dinate. The profile graphs should indi- computed as follows (note that the dicate the source of the topographical visor is 8 not 7.5): data used. The graph should also show the elevation of the center of the radi- (120 + 255 + 105 + 90 ¥ 10 ¥ 85 + 40 + 85) ating system. The graph may be plot- / 8 = 75 meters. ted either on rectangular coordinate (e) In cases where the terrain in one paper or on special paper that shows or more directions from the antenna the curvature of the earth. It is not site departs widely from the average necessary to take the curvature of the elevation of the 3 to 16 kilometer sec- earth into consideration in this proce- tor, the prediction method may indi- dure as this factor is taken care of in the charts showing signal strengths. cate contour distances that are dif- The average elevation of the 13 kilo- ferent from what may be expected in meter distance between 3 and 16 kilo- practice. For example, a mountain meters from the antenna site should ridge may indicate the practical limit then be determined from the profile of service although the prediction graph for each radial. This may be ob- method may indicate otherwise. In tained by averaging a large number of such cases, the prediction method equally spaced points, by using a pla- should be followed, but a supplemental nimeter, or by obtaining the median showing may be made concerning the elevation (that exceeded for 50% of the contour distances as determined by distance) in sectors and averaging other means. Such supplemental those values. showings should describe the procedure (4) Examples of HAAT calculations: used and should include sample cal- (i) The heights above average terrain culations. Maps of predicted coverage on the eight radials are as follows: should include both the coverage as predicted by the regular method and as Meters predicted by a supplemental method. 0° ...... 120 When measurements of area are re- 45° ...... 255 quired, these should include the area 90° ...... 185 obtained by the regular prediction 135° ...... 90 180° ...... ¥10 method and the area obtained by the 225° ...... ¥85 supplemental method. In directions ° 270 ...... 40 where the terrain is such that antenna 315° ...... 85 heights less than 30 meters for the 3 to The antenna height above terrain 16 kilometer sector are obtained, an as- (defined in § 73.310(a)) is computed as sumed height of 30 meters must be used follows: for the prediction of coverage. How- ever, where the actual contour dis- ¥ ¥ (120 + 255 + 185 + 90 10 85 + 40 + 85) tances are critical factors, a supple- / 8 = 85 meters. mental showing of expected coverage (ii) Same as paragraph (d)(4)(i) of this must be included together with a de- section, except the 0° radial is entirely scription of the method used in pre- over sea water. The antenna height dicting such coverage. In special cases,

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the FCC may require additional infor- (j) Alternatively, the terrain rough- mation as to terrain and coverage. ness correction may be computed using (f) The effect of terrain roughness on the following formula: the predicted field strength of a signal DF = 1.9¥0.03(Dh)(1 + f/300) at points distant from an FM transmitting antenna is assumed to depend on Where: the magnitude of a terrain roughness DF = terrain roughness correction in dB factor (h) which, for a specific propaga- Dk = terrain roughness factor in meters tion path, is determined by the charac- f = frequency of signal in MHz (MHz) teristics of a segment of the terrain (Secs. 4, 5, 303, 48 Stat., as amended, 1066, profile for that path 40 kilometers in 1068, 1082 (47 U.S.C. 154, 155, 303)) length located between 10 and 50 kilo- [28 FR 13623, Dec. 14, 1963, as amended at 40 meters from the antenna. The terrain FR 27678, July 1, 1975; 48 FR 29507, June 27, roughness factor has a value equal to 1983; 52 FR 11655, Apr. 10, 1987; 52 FR 37789, the distance, in meters, between ele- Oct. 9, 1987; 57 FR 48333, Oct. 23, 1992; 63 FR vations exceeded by all points on the 33877, June 22, 1998] profile for 10% and 90% respectively, of EFFECTIVE DATE NOTE: At 42 FR 25736, May the length of the profile segment. (See 19, 1977, the effective date of § 73.313 para- § 73.333, Figure 4.) graphs (i) and (j) was stayed indefinitely. (g) If the lowest field strength value § 73.314 Field strength measurements. of interest is initially predicted to occur over a particular propagation (a) Except as provided for in § 73.209, path at a distance that is less than 50 FM broadcast stations shall not be pro- kilometers from the antenna, the ter- tected from any type of interference or rain profile segment used in the deter- propagation effect. Persons desiring to submit testimony, evidence or data to mination of terrain roughness factor the Commission for the purpose of over that path must be that included showing that the technical standards between points 10 kilometers from the contained in this subpart do not prop- transmitter and such lesser distances. erly reflect the levels of any given type No terrain roughness correction need of interference or propagation effect be applied when all field strength val- may do so only in appropriate rule ues of interest are predicted to occur 10 making proceedings concerning the kilometers or less from the transmit- amendment of such technical stand- ting antenna. ards. Persons making field strength (h) Profile segments prepared for ter- measurements for formal submission to rain roughness factor determinations the Commission in rule making pro- are to be plotted in rectangular coordi- ceedings, or making such measure- nates, with no less than 50 points even- ments upon the request of the Commis- ly spaced within the segment using sion, shall follow the procedure for data obtained from topographic maps making and reporting such measure- with contour intervals of approxi- ments outlined in paragraph (b) of this mately 15 meters (50 feet) or less if section. In instances where a showing available. of the measured level of a signal pre- (i) The field strength charts (§ 73.333, vailing over a specific community is Figs. 1–1a) were developed assuming a appropriate, the procedure for making terrain roughness factor of 50 meters, and reporting field strength measure- which is considered to be representa- ments for this purpose is set forth in tive of average terrain in the United paragraph (c) of this section. States. Where the roughness factor for (b) Collection of field strength data a particular propagation path is found for propagation analysis. to depart appreciably from this value, (1) Preparation for measurements. (i) a terrain roughness correction (DF) On large scale topographic maps, eight should be applied to field strength val- or more radials are drawn from the ues along this path, as predicted with transmitter location to the maximum the use of these charts. The magnitude distance at which measurements are to and sign of this correction, for any be made, with the angles included be- value of Dh, may be determined from a tween adjacent radials of approxi- chart included in § 73.333 as Figure 5. mately equal size. Radials should be

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oriented so as to traverse representa- (vii) If, during the test conducted as tive types of terrain. The specific num- described in paragraph (b)(2)(iii) of this ber of radials and their orientation section, the strongest signal is found to should be such as to accomplish this come from a direction other than from objective. the transmitter, after the mobile run (ii) Each radial is marked, at a point prescribed in paragraph (b)(2)(v) of this exactly 16 kilometers from the trans- section is concluded, additional meas- mitter and, at greater distances, at urements must be made in a ‘‘cluster’’ successive 3 kilometer intervals. Where of at least five fixed points. At each measurements are to be conducted over such point, the field strengths with the extremely rugged terrain, shorter in- antenna oriented toward the trans- tervals may be used, but all such inter- mitter, and with the antenna oriented vals must be of equal length. Acces- so as to receive the strongest field, are sible roads intersecting each radial as measured and recorded. Generally, all nearly as possible at each 3 kilometer points should be within 60 meters of marker are selected. These intersec- the center point of the mobile run. tions are the points on the radial at (viii) If overhead obstacles preclude a which measurements are to be made, mobile run of at least 30 meters, a and are referred to subsequently as ‘‘cluster’’ of five spot measurements measuring locations. The elevation of may be made in lieu of this run. The each measuring location should ap- first measurement in the cluster is proach the elevation at the cor- identified. Generally, the locations for responding 3 kilometer marker as near- other measurements must be within 60 ly as possible. meters of the location of the first. (2) Measurement procedure. All meas- (3) Method of reporting measurements. urements must be made utilizing a re- A report of measurements to the Com- ceiving antenna designed for reception mission shall be submitted in affidavit of the horizontally polarized signal form, in triplicate, and should contain component, elevated 9 meters above the following information: the roadbed. At each measuring loca- (i) Tables of field strength measure- tion, the following procedure must be ments, which, for each measuring loca- used: tion, set forth the following data: (i) The instrument calibration is (A) Distance from the transmitting checked. antenna. (ii) The antenna is elevated to a (B) Ground elevation at measuring height of 9 meters. location. (iii) The receiving antenna is rotated (C) Date, time of day, and weather. to determine if the strongest signal is (D) Median field in dBu for 0 dBk, for arriving from the direction of the mobile run or for cluster, as well as transmitter. maximum and minimum measured (iv) The antenna is oriented so that field strengths. the sector of its response pattern over (E) Notes describing each measuring which maximum gain is realized is in location. the direction of the transmitter. (ii) U.S. Geological Survey topo- (v) A mobile run of at least 30 meters graphic maps, on which is shown the is made, that is centered on the inter- exact location at which each measure- section of the radial and the road, and ment was made. The original plots the measured field strength is continu- shall be made on maps of the largest ously recorded on a chart recorder over available scale. Copies may be reduced the length of the run. in size for convenient submission to (vi) The actual measuring location is the Commission, but not to the extent marked exactly on the topographic that important detail is lost. The origi- map, and a written record, keyed to nal maps shall be made available, if re- the specific location, is made of all fac- quested. If a large number of maps is tors which may affect the recorded involved, an index map should be sub- field, such as topography, height and mitted. types of vegetation, buildings, obsta- (iii) All information necessary to de- cles, weather, and other local features. termine the pertinent characteristics

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of the transmitting installation, in- the horizontally polarized signal com- cluding frequency, geographical coordi- ponent, elevated 9 meters above ground nates of antenna site, rated and actual level. power output of transmitter, measured (i) Each measuring location shall be transmission line loss, antenna power chosen as close as feasible to a point gain, height of antenna above ground, indicated on the map, as previously above mean sea level, and above aver- prepared, and at as nearly the same age terrain. The effective radiated elevation as that point as possible. power should be computed, and hori- (ii) At each measuring location, after zontal and vertical plane patterns of equipment calibration and elevation of the transmitting antenna should be the antenna, a check is made to deter- submitted. mine whether the strongest signal ar- (iv) A list of calibrated equipment rives from a direction other than from used in the field strength survey, the transmitter. which, for each instrument, specifies (iii) At 20 percent or more of the its manufacturer, type, serial number measuring locations, mobile runs, as and rated accuracy, and the date of its described in paragraph (b)(2) of this most recent calibration by the manu- section shall be made, with no less facturer, or by a laboratory. Complete than three such mobile runs in any details of any instrument not of stand- case. The points at which mobile meas- ard manufacture shall be submitted. urements are made shall be well sepa- (v) A detailed description of the cali- rated. Spot measurements may be bration of the measuring equipment, made at other measuring points. including field strength meters, measuring antenna, and connecting cable. (iv) Each actual measuring location (vi) Terrain profiles in each direction is marked exactly on the map of the in which measurements were made, community, and suitably keyed. A drawn on curved earth paper for equiv- written record shall be maintained, de- alent 4/3 earth radius, of the largest scribing, for each location, factors available scale. which may affect the recorded field, (c) Collection of field strength data such as the approximate time of meas- to determine FM broadcast service in urement, weather, topography, over- specific communities. head wiring, heights and types of vege- (1) Preparation for measurement. (i) tation, buildings and other structures. The population (P) of the community, The orientation, with respect to the and its suburbs, if any, is determined measuring location shall be indicated by reference to an appropriate source, of objects of such shape and size as to e.g., the 1970 U.S. Census tables of pop- be capable of causing shadows or re- ulation of cities and urbanized areas. flections. If the strongest signal re- (ii) The number of locations at which ceived was found to arrive from a di- measurements are to be made shall be rection other than that of the trans- at least 15, and shall be approximately mitter, this fact shall be recorded. equal to 0.1(P)1/2, if this product is a (3) Method of reporting measurements. number greater than 15. A report of measurements to the Com- (iii) A rectangular grid, of such size mission shall be submitted in affidavit and shape as to encompass the bound- form, in triplicate, and should contain aries of the community is drawn on an the following information: accurate map of the community. The (i) A map of the community showing number of line intersections on the each actual measuring location, spe- grid included within the boundaries of cifically identifying the points at the community shall be at least equal which mobile runs were made. to the required number of measuring (ii) A table keyed to the above map, locations. The position of each inter- showing the field strength at each section on the community map deter- measuring point, reduced to dBu for mines the location at which a measure- the actual effective radiated power of ment shall be made. the station. Weather, date, and time of (2) Measurement procedure. All meas- each measurement shall be indicated. urements must be made using a receiv- (iii) Notes describing each measuring ing antenna designed for reception of location.

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(iv) A topographic map of the largest ognized that topography, shape of the available scale on which are marked desired service area, and population the community and the transmitter distribution may make the choice of a site of the station whose signals have transmitter location difficult. In such been measured, which includes all cases consideration may be given to areas on or near the direct path of sig- the use of a directional antenna sys- nal propagation. tem, although it is generally preferable (v) Computations of the mean and to choose a site where a nondirectional standard deviation of all measured antenna may be employed. field strengths, or a graph on which the (d) In cases of questionable antenna distribution of measured field strength locations it is desirable to conduct values is plotted. (vi) A list of calibrated equipment propagation tests to indicate the field used for the measurements, which for strength expected in the principal city each instrument, specifies its manufac- or cities to be served and in other turer, type, serial number and rated ac- areas, particularly where severe shad- curacy, and the date of its most recent ow problems may be expected. In con- calibration by the manufacturer, or by sidering applications proposing the use a laboratory. Complete details of any of such locations, the Commission may instrument not of standard manufac- require site tests to be made. Such ture shall be submitted. tests should include measurements (vii) A detailed description of the made in accordance with the measure- procedure employed in the calibration ment procedures described in § 73.314, of the measuring equipment, including and full data thereon shall be supplied field strength meters, measuring an- to the Commission. The test trans- tenna, and connecting cable. mitter should employ an antenna hav- [40 FR 27682, July 1, 1975; 40 FR 28802, July 9, ing a height as close as possible to the 1975, as amended at 48 FR 29508, June 27, 1983] proposed antenna height, using a balloon or other support if necessary and § 73.315 FM transmitter location. feasible. Information concerning the (a) The transmitter location shall be authorization of site tests may be ob- chosen so that, on the basis of the ef- tained from the Commission upon re- fective radiated power and antenna quest. height above average terrain employed, (e) Cognizance must of course be a minimum field strength of 70 dB taken regarding the possible hazard of above one uV/m (dBu), or 3.16 mV/m, the proposed antenna structure to will be provided over the entire prin- aviation and the proximity of the pro- cipal community to be served. posed site to airports and airways. Pro- (b) The transmitter location should cedures and standards with respect to be chosen to maximize coverage to the the Commission’s consideration of pro- city of license while minimizing inter- posed antenna structures which will ference. This is normally accomplished serve as a guide to persons intending to by locating in the least populated area apply for radio station licenses are con- available while maintaining the provi- tained in Part 17 of this chapter (Con- sions of paragraph (a) of this section. struction, Marking, and Lighting of In general, the transmitting antenna of Antenna Structures). a station should be located in the most sparsely populated area available at [28 FR 13623, Dec. 14, 1963, as amended at 41 the highest elevation available. The lo- FR 22943, June 8, 1976; 49 FR 38131, Sept. 27, cation of the antenna should be so cho- 1984; 49 FR 45146, Nov. 15, 1984; 51 FR 9965, sen that line-of-sight can be obtained Mar. 24, 1986; 52 FR 10570, Apr. 2, 1987; 65 FR from the antenna over the principle 79778, Dec. 20, 2000] city or cities to be served; in no event § 73.316 FM antenna systems. should there be a major obstruction in this path. (a) It shall be standard to employ (c) The transmitting location should horizontal polarization; however, cir- be selected so that the 1 mV/m contour cular or elliptical polarization may be encompasses the urban population employed if desired. Clockwise or coun- within the area to be served. It is rec- terclockwise rotation may be used. The

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supplemental vertically polarized effec- more individual antennas, the antenna tive radiated power required for cir- must be described as a ‘‘custom’’ or cular or elliptical polarization shall in ‘‘composite’’ antenna, as appropriate. no event exceed the effective radiated A full description of the design of the power authorized. antenna must also be submitted. (b) Directional antennas. A directional (ii) A plot of the composite pattern of antenna is an antenna that is designed the directional antenna. A value of 1.0 or altered for the purpose of obtaining must be used to correspond to the di- a non-circular radiation pattern. rection of maximum radiation. The (1) Applications for the use of direc- plot of the pattern must be oriented tional antennas that propose a ratio of such that 0° corresponds to the direc- maximum to minimum radiation in the tion of maximum radiation or alter- horizontal plane of more than 15 dB natively, in the case of an asymmet- will not be accepted. rical antenna pattern, the plot must be (2) Directional antennas used to pro- oriented such that 0° corresponds to tect short-spaced stations pursuant to the actual azimuth with respect to true § 73.213 or § 73.215 of the rules, that have North. The horizontal plane pattern a radiation pattern which varies more must be plotted to the largest scale than 2 dB per 10 degrees of azimuth will possible on unglazed letter-size polar not be authorized. coordinate paper (main engraving ap- (c) Applications for directional anten- proximately 18 cm × 25 cm (7 inches × 10 nas. (1) Applications for construction inches)) using only scale divisions and permit proposing the use of directional subdivisions of 1, 2, 2.5, or 5 times 10- antenna systems must include a tab- nth. Values of field strength less than ulation of the composite antenna pat- 10% of the maximum field strength tern for the proposed directional an- plotted on that pattern must be shown tenna. A value of 1.0 must be used to on an enlarged scale. In the case of a correspond to the direction of max- composite antenna composed of two or imum radiation. The pattern must be more individual antennas, the com- tabulated such that 0° corresponds to posite antenna pattern should be pro- the direction of maximum radiation or vided, and not the pattern for each of alternatively, in the case of an asym- the individual antennas. metrical antenna pattern, the pattern (iii) A tabulation of the measured must be tabulated such that 0° cor- relative field pattern required in para- responds to the actual azimuth with re- graph (c)(1) of this section. The tabula- spect to true North. In the case of a tion must use the same zero degree ref- composite antenna composed of two or erence as the plotted pattern, and must more individual antennas, the pattern contain values for at least every 10 de- required is that for the composite an- grees. Sufficient vertical patterns to tenna, not the patterns for each of the indicate clearly the radiation charac- individual antennas. Applications must teristics of the antenna above and include valuations tabulated at inter- below the horizontal plane. Complete vals of not greater than ten (10) de- information and patterns must be pro- grees. In addition, tabulated values of vided for angles of ¥10 deg. from the all maximas and minimas, with their horizontal plane and sufficient addi- corresponding azimuths, must be sub- tional information must be included on mitted. that portion of the pattern lying be- (2) Applications for license upon com- tween + 10 deg. and the zenith and ¥10 pletion of antenna construction must deg. and the nadir, to conclusively include the following: demonstrate the absence of undesirable (i) A complete description of the an- lobes in these areas. The vertical plane tenna system, including the manufac- pattern must be plotted on rectangular turer and model number of the direc- coordinate paper with reference to the tional antenna. It is not sufficient to horizontal plane. In the case of a com- label the antenna with only a generic posite antenna composed of two or term such as ‘‘dipole.’’ In the case of more individual antennas, the com- individually designed antennas with no posite antenna pattern should be used, model number, or in the case of a com- and not the pattern for each of the in- posite antenna composed of two or dividual antennas.

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(iv) A statement that the antenna is nels 201 through 220 must show that the mounted on the top of an antenna 60 dBu contour covers at least a por- tower recommended by the antenna tion of the community of license. manufacturer, or is side-mounted on a (d) Applications proposing the use of particular type of antenna tower in ac- FM transmitting antennas in the im- cordance with specific instructions pro- mediate vicinity (i.e. 60 meters or less) vided by the antenna manufacturer. of other FM or TV broadcast antennas (v) A statement that the directional must include a showing as to the ex- antenna is not mounted on the top of pected effect, if any, of such approxi- an antenna tower which includes a top- mate operation. mounted platform larger than the (e) Where an FM licensee or per- nominal cross-sectional area of the mittee proposes to mount its antenna tower in the horizontal plane. on or near an AM tower, as defined in (vi) A statement that no other an- § 1.30002, the FM licensee or permittee tenna of any type is mounted on the must comply with § 1.30003 or § 1.30002, same tower level as a directional an- depending on whether the antenna is tenna, and that no antenna of any type proposed to be mounted on an AM is mounted within any horizontal or tower (§ 1.30003) or near an AM tower vertical distance specified by the an- (§ 1.30002). tenna manufacturer as being necessary for proper directional operation. [28 FR 13623, Dec. 14, 1963, as amended at 34 (vii) A statement from an engineer FR 14222, Sept. 10, 1969; 37 FR 25841, Dec. 5, listing such individual engineer’s 1972; 43 FR 53738, Nov. 17, 1978; 48 FR 29508, qualifications and certifying that the June 27, 1983; 51 FR 17028, May 8, 1986; 54 FR antenna has been installed pursuant to 9804, Mar. 8, 1989; 56 FR 57294, Nov. 8, 1991; 62 the manufacturer’s instructions. FR 51058, Sept. 30, 1997; 63 FR 70047, Dec. 18, 1998; 78 FR 66298, Nov. 5, 2013] (viii) A statement from a licensed surveyor that the installed antenna is § 73.317 FM transmission system re- properly oriented. quirements. (ix)(A) For a station authorized pursuant to § 73.215 or Sec. § 73.509, a show- (a) FM broadcast stations employing ing that the root mean square (RMS) of transmitters authorized after January the measured composite antenna pat- 1, 1960, must maintain the bandwidth tern (encompassing both the hori- occupied by their emissions in accord- zontally and vertically polarized radi- ance with the specification detailed ation components (in relative field)) is below. FM broadcast stations employ- at least 85 percent of the RMS of the ing transmitters installed or type ac- authorized composite directional an- cepted before January 1, 1960, must tenna pattern (in relative field). The achieve the highest degree of compli- RMS value, for a composite antenna ance with these specifications prac- pattern specified in relative field val- ticable with their existing equipment. ues, may be determined from the fol- In either case, should harmful inter- lowing formula: ference to other authorized stations RMS = the square root of: occur, the licensee shall correct the [(relative field value 1)2 + (relative field problem promptly or cease operation. value 2)2 + .... + (last relative field (b) Any emission appearing on a fre- value)2] quency removed from the carrier by be- total number of relative field values tween 120 kHz and 240 kHz inclusive (B) where the relative field values are must be attenuated at least 25 dB taken from at least 36 evenly spaced below the level of the unmodulated radials for the entire 360 degrees of azi- carrier. Compliance with this require- muth. The application for license must ment will be deemed to show the occu- also demonstrate that coverage of the pied bandwidth to be 240 kHz or less. community of license by the 70 dBu (c) Any emission appearing on a fre- contour is maintained for stations au- quency removed from the carrier by thorized pursuant to § 73.215 on Chan- more than 240 kHz and up to and in- nels 221 through 300, as required by cluding 600 kHz must be attenuated at § 73.315(a), while noncommercial edu- least 35 dB below the level of the cational stations operating on Chan- unmodulated carrier.

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(d) Any emission appearing on a fre- ceivers and non-RF devices such as quency removed from the carrier by tape recorders or hi-fi amplifiers (pho- more than 600 kHz must be attenuated nographs) are also excluded. at least 43 + 10 Log10 (Power, in watts) (c) A permittee collocating with one dB below the level of the unmodulated or more existing stations and begin- carrier, or 80 dB, whichever is the less- ning program tests on or after January er attenuation. 1, 1985, must assume full financial re- (e) Preemphasis shall not be greater sponsibility for remedying new com- than the impedance-frequency charac- plaints of blanketing interference for a teristics of a series inductance resist- period of one year. Two or more per- ance network having a time constant mittees that concurrently collocate on of 75 microseconds. (See upper curve of or after January 1, 1985, shall assume Figure 2 of § 73.333.) shared responsibility for remedying [51 FR 17028, May 8, 1986] blanketing complaints within the blanketing area unless an offending station § 73.318 FM blanketing interference. can be readily determined and then Areas adjacent to the transmitting that station shall assume full financial antenna that receive a signal with a responsibility. strength of 115 dBu (562 mV/m) or (d) Following the one year period of greater will be assumed to be full financial obligation to satisfy blanketed. In determining the blanketing complaints, licensees shall blanketed area, the 115 dBu contour is provide technical information or as- determined by calculating the inverse sistance to complainants on remedies distance field using the effective radi- for blanketing interference. ated power of the maximum radiated lobe of the antenna without consid- [28 FR 13623, Dec. 14, 1963, as amended at 52 ering its vertical radiation pattern or FR 25866, July 9, 1987] height. For directional antennas, the effective radiated power in the perti- § 73.319 FM multiplex subcarrier tech- nent bearing shall be used. nical standards. (a) The distance to the 115 dBu con- (a) The technical specifications in tour is determined using the following this Section apply to all transmissions equation: of FM multiplex subcarriers except D (in kilometers) = 0.394√ P those used for stereophonic sound D (in miles) = 0.245√ P broadcasts under the provisions of § 73.322. Where P is the maximum effective radiated power (ERP), measured in kilowatts, of the (b) Modulation. Any form of modula- maximum radiated lobe. tion may be used for subcarrier operation. (b) After January 1, 1985, permittees (c) Subcarrier baseband. (1) During or licensees who either (1) commence monophonic program transmissions, program tests, or (2) replace their an- multiplex subcarriers and their signifi- tennas, or (3) request facilities modi- cant sidebands must be within the fications and are issued a new con- range of 20 kHz to 99 kHz. struction permit must satisfy all complaints of blanketing interference (2) During stereophonic sound pro- which are received by the station dur- gram transmissions (see § 73.322), multi- ing a one year period. The period be- plex subcarriers and their significant gins with the commencement of pro- sidebands must be within the range of gram tests, or commencement of pro- 53 kHz to 99 kHz. gramming utilizing the new antenna. (3) During periods when broadcast Resolution of complaints shall be at no programs are not being transmitted, cost to the complainant. These require- multiplex subcarriers and their signifi- ments specifically do not include inter- cant sidebands must be within the ference complaints resulting from mal- range of 20 kHz to 99 kHz. functioning or mistuned receivers, im- (d) Subcarrier injection. (1) During properly installed antenna systems, or monophonic program transmissions, the use of high gain antennas or an- modulation of the carrier by the arith- tenna booster amplifiers. Mobile re- metic sum of all subcarriers may not

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exceed 30% referenced to 75 kHz modu- tained at the station and be made lation deviation. However, the modula- available to the FCC upon request. tion of the carrier by the arithmetic [48 FR 28455, June 22, 1983, as amended at 48 sum of all subcarriers above 75 kHz FR 37216, Aug. 17, 1983; 49 FR 15080, Apr. 17, may not modulate the carrier by more 1984; 49 FR 38131, Sept. 27, 1984; 50 FR 1534, than 10%. Jan. 11, 1985; 51 FR 17029, May 8, 1986; 57 FR (2) During stereophonic program 48333, Oct. 23, 1992] transmissions, modulation of the car- § 73.322 FM stereophonic sound trans- rier by the arithmetic sum of all submission standards. carriers may not exceed 20% referenced (a) An FM broadcast station shall not to 75 kHz modulation deviation. How- use 19 kHz ±20 Hz, except as the stereo- ever, the modulation of the carrier by phonic pilot frequency in a trans- the arithmetic sum of all subcarriers mission system meeting the following above 75 kHz may not modulate the parameters: carrier by more than 10%. (1) The modulating signal for the (3) During periods when no broadcast main channel consists of the sum of program service is transmitted, modu- the right and left signals. lation of the carrier by the arithmetic (2) The pilot subcarrier at 19 kHz ±2 sum of all subcarriers may not exceed Hz, must frequency modulate the main 30% referenced to 75 kHz modulation carrier between the limits of 8 and 10 deviation. However, the modulation of percent. the carrier by the arithmetic sum of all (3) One stereophonic subcarrier must subcarriers above 75 kHz may not mod- be the second harmonic of the pilot ulate the carrier by more than 10%. subcarrier (i.e., 38 kHz) and must cross (4) Total modulation of the carrier the time axis with a positive slope si- wave during transmission of multiplex multaneously with each crossing of the subcarriers used for subsidiary commu- time axis by the pilot subcarrier. Addi- nications services must comply with tional stereophomic subcarriers are not the provisions § 73.1570(b). precluded. (4) Double sideband, suppressed-car- (e) Subcarrier generators may be in- rier, amplitude modulation of the stalled and used with a type accepted stereophonic subcarrier at 38 kHz must FM broadcast transmitter without spe- be used. cific authorization from the FCC pro- (5) The stereophonic subcarrier at 38 vided the generator can be connected kHz must be suppressed to a level less to the transmitter without requiring than 1% modulation of the main car- any mechanical or electrical modifica- rier. tions in the transmitter FM exciter (6) The modulating signal for the re- circuits. quired stereophonic subcarrier must be (f) Stations installing multiplex sub- equal to the difference of the left and carrier transmitting equipment must right signals. ensure the proper suppression of spu- (7) The following modulation levels rious or harmonic radiations. See apply: §§ 73.317, 73.1590 and 73.1690. If the sub- (i) When a signal exists in only one carrier operation causes the station’s channel of a two channel (biphonic) transmissions not to comply with the sound transmission, modulation of the technical provisions for FM broadcast carrier by audio components within the stations or causes harmful interference baseband range of 50 Hz to 15 kHz shall to other communication services, the not exceed 45% and modulation of the licensee or permittee must correct the carrier by the sum of the amplitude problem promptly or cease operation. modulated subcarrier in the baseband The licensee may be required to verify range of 23 kHz to 53 kHz shall not exceed 45%. the corrective measures with sup- (ii) When a signal exists in only one porting data. Such data must be re- channel of a stereophonic sound transmission having more than one stereophonic subcarrier in the baseband, the modulation of the carrier by audio

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components within the audio baseband used, must not exceed the maximum range of 23 kHz to 99 kHz shall not ex- modulation limits specified in ceed 53% with total modulation not to § 73.1570(b)(2). Stations not using the exceed 90%. method described in (a), must limit the (b) Stations not transmitting stereo modulation of the carrier by audio with the method described in (a), must components within the audio baseband limit the main carrier deviation caused range of 23 kHz to 99 kHz to not exceed by any modulating signals occupying 53%. the band 19 kHz ±20 Hz to 125 Hz. (c) All stations, regardless of the [51 FR 17029, May 8, 1986] stereophonic transmission system

§ 73.333 Engineering charts. This section consists of the following Figures 1, 1a, 2, and slider 4 and 5.

NOTE: The figures reproduced herein, due to their small scale, are not to be used in connection with material submitted to the F.C.C.

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(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) [28 FR 13623, Dec. 14, 1963, as amended at 35 FR 2591, Feb. 5, 1970; 40 FR 27679, July 1, 1975; 45 FR 28141, Apr. 28, 1980; 48 FR 29508, June 27, 1983; 49 FR 19670, May 9, 1984]

EFFECTIVE DATE NOTE: At 42 FR 25736, May 19, 1977, in § 73.333, the effective date of Figures 4 and 5 was stayed indefinitely.

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Subpart C—Digital Audio must simulcast its analog audio pro- Broadcasting gramming on one of its digital audio programming streams. The DAB audio programming stream that is provided SOURCE: 72 FR 45692, Aug. 15, 2007, unless otherwise noted. pursuant to this paragraph must be at least comparable in sound quality to § 73.401 Scope. the analog programming service currently provided to listeners. This subpart contains those rules (b) Emergency information. The which apply exclusively to the digital emergency information requirements audio broadcasting (DAB) service, and are in addition to those rules in Sub- found in § 73.1250 shall apply to all free parts A, B, C, G and H which apply to DAB programming streams. AM and FM broadcast services, both § 73.404 Interim hybrid IBOC DAB op- commercial and noncommercial. eration. § 73.402 Definitions. (a) The licensee of an AM or FM station, or the permittee of a new AM or (a) DAB. Digital audio broadcast sta- FM station which has commenced pro- tions are those radio stations licensed gram test operation pursuant to by the Commission and use the In-band On-channel (‘‘IBOC’’) system for broad- § 73.1620, may commence interim hybrid casting purposes. IBOC DAB operation with digital fa- (b) In Band On Channel DAB System. cilities which conform to the technical A technical system in which a station’s specifications specified for hybrid DAB digital signal is broadcast in the same operation in the First Report and Order spectrum and on the same channel as in MM Docket No. 99–325, as revised in its analog signal. the Media Bureau’s subsequent Order in (c) Hybrid DAB System. A system MM Docket No. 99–325. FM stations are which transmits both the digital and permitted to operate with hybrid dig- analog signals within the spectral ital effective radiated power equal to emission mask of a single AM or FM one percent (¥20 decibels below carrier channel. (dBc)) of authorized analog effective (d) Extended hybrid operation. An en- radiated power and may operate with hanced mode of FM IBOC DAB oper- up to ten percent (¥10 dBc) of author- ation which includes additional DAB ized analog effective radiated power in subcarriers transmitted between the accordance with the procedures set analog FM signal and the inner edges forth in the Media Bureau’s Order in of the primary DAB sidebands. MM Docket No. 99–325. An AM or FM (e) Primary AM DAB Sidebands. The station may transmit IBOC signals two groups of hybrid AM IBOC DAB during all hours for which the station subcarriers which are transmitted 10 to is licensed to broadcast. 15 kHz above carrier frequency (the (b) In situations where interference upper primary DAB sideband), and 10 to other stations is anticipated or ac- to 15 kHz below carrier frequency (the tually occurs, AM licensees may, upon lower primary DAB sideband). notification to the Commission, reduce (f) Multicasting. Subdividing the dig- the power of the primary DAB ital bitstream into multiple channels sidebands by up to 6 dB. Any greater for additional audio programming uses. reduction of sideband power requires (g) Datacasting. Subdividing the dig- prior authority from the Commission ital bitstream into multiple channels via the filing of a request for special for additional data or information serv- temporary authority or an informal ices uses. letter request for modification of license. § 73.403 Digital audio broadcasting (c) Hybrid IBOC AM stations must service requirements. use the same licensed main or auxil- (a) Broadcast radio stations using iary antenna to transmit the analog IBOC must transmit at least one over- and digital signals. the-air digital audio programming (d) FM stations may transmit hybrid stream at no direct charge to listeners. IBOC signals in combined mode; i.e., In addition, a broadcast radio station using the same antenna for the analog

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and digital signals; or may employ sep- § 1.1306(b) of this chapter. Any station arate analog and digital antennas. that cannot certify compliance must Where separate antennas are used, the submit an environmental assessment digital antenna: (‘‘EA’’) pursuant to § 1.1311 of this chap- (1) Must be a licensed auxiliary an- ter and may not commence IBOC oper- tenna of the station; ation until such EA is ruled upon by (2) Must be located within 3 seconds the Commission. latitude and longitude from the analog antenna; [72 FR 45692, Aug. 15, 2007, as amended at 75 (3) Must have a radiation center FR 17877, Apr. 8, 2010] height above average terrain between 70 and 100 percent of the height above Subpart D—Noncommercial average terrain of the analog antenna. Educational FM Broadcast Stations (e) Licensees must provide notification to the Commission in Washington, SOURCE: 28 FR 13651, Dec. 14, 1963, unless DC, within 10 days of commencing otherwise noted. Redesignated at 72 FR 45692, IBOC digital operation. The notifica- Aug. 15, 2007. tion must include the following information: § 73.501 Channels available for assign- (1) Call sign and facility identifica- ment. tion number of the station; (a) The following frequencies, except (2) Date on which IBOC operation as provided in paragraph (b) of this sec- commenced; tion, are available for noncommercial (3) Certification that the IBOC DAB educational FM broadcasting: facilities conform to permissible hybrid specifications; Frequency (MHz) Channel (4) Name and telephone number of a No. technical representative the Commis- 87.9 ...... 1 200 sion can call in the event of inter- 88.1 ...... 201 ference; 88.3 ...... 202 (5) FM digital effective radiated 88.5 ...... 203 power used and certification that the 88.7 ...... 204 FM analog effective radiated power re- 88.9 ...... 205 2 mains as authorized; 89.1 ...... 206 89.3 ...... 207 (6) Transmitter power output; if sepa- 89.5 ...... 208 rate analog and digital transmitters 89.7 ...... 209 are used, the power output for each 89.9 ...... 210 transmitter; 90.1 ...... 211 (7) If applicable, any reduction in an 90.3 ...... 212 AM station’s primary digital carriers; 90.5 ...... 213 (8) If applicable, the geographic co- 90.7 ...... 214 90.9 ...... 215 ordinates, elevation data, and license 91.1 ...... 216 file number of the auxiliary antenna 91.3 ...... 217 employed by an FM station as a sepa- 91.5 ...... 218 rate digital antenna; 91.7 ...... 219 (9) If applicable, for FM systems em- 91.9 ...... 220 ploying interleaved antenna bays, a 1 The frequency 87.9 MHz, Channel 200, is available only for use of existing Class D stations required to change fre- certification that adequate filtering quency. It is available only on a noninterference basis with re- and/or isolation equipment has been in- spect to TV Channel 6 stations and adjacent channel noncommercial educational FM stations. It is not available at all stalled to prevent spurious emissions within 402 kilometers (250 miles) of Canada and 320 kilo- in excess of the limits specified in meters (199 miles) of Mexico. The specific standards gov- § 73.317; erning its use are contained in § 73.512. 2 The frequency 89.1 MHz, Channel 206, in the New York (10) A certification that the oper- City metropolitan area, is reserved for the use of the United ation will not cause human exposure to Nations with the equivalent of an antenna height of 150 meters (492 feet) above average terrain and effective radiated levels of radio frequency radiation in power of 20 kW and the Commission will make no assign- excess of the limits specified in § 1.1310 ments which would cause objectionable interference with such use. of this chapter and is therefore cat- egorically excluded from environ- (b) In Alaska, FM broadcast stations mental processing pursuant to operating on Channels 200–220 (87.9–91.9

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MHz) shall not cause harmful inter- be considered as being prohibited by ference to and must accept inter- this paragraph. ference from non-Government fixed op- (d) Each station shall furnish a non- erations authorized prior to January 1, profit and noncommercial broadcast 1982. service. Noncommercial educational FM broadcast stations are subject to (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) the provisions of § 73.1212 to the extent they are applicable to the broadcast of [43 FR 39715, Sept. 6, 1978, as amended at 47 programs produced by, or at the ex- FR 30068, July 12, 1982; 52 FR 43765, Nov. 16, pense of, or furnished by others. No 1987; 58 FR 44950, Aug. 25, 1993] promotional announcement on behalf of for profit entities shall be broadcast at § 73.503 Licensing requirements and service. any time in exchange for the receipt, in whole or in part, of consideration to The operation of, and the service fur- the licensee, its principals, or employ- nished by noncommercial educational ees. However, acknowledgements of FM broadcast stations shall be gov- contributions can be made. The sched- erned by the following: uling of any announcements and ac- (a) A noncommercial educational FM knowledgements may not interrupt reg- broadcast station will be licensed only ular programming, except as permitted to a nonprofit educational organization under paragraph (e) of this section. and upon showing that the station will (e) A noncommercial educational FM be used for the advancement of an edu- broadcast station may interrupt reg- cational program. ular programming to conduct fund- (1) In determining the eligibility of raising activities on behalf of a third- publicly supported educational organi- party non-profit organization, provided zations, the accreditation of their re- that all such fundraising activities spective state departments of edu- conducted during any given year do not cation shall be taken into consider- exceed one percent of the station’s ation. total annual airtime. A station may (2) In determining the eligibility of use the prior year’s total airtime for privately controlled educational orga- purposes of determining how many nizations, the accreditation of state de- hours constitute one percent of its partments of education and/or recog- total annual airtime. With respect to nized regional and national educational stations that multicast programming accrediting organizations shall be on two or more separate channels, the taken into consideration. one-percent annual limit will apply (b) Each station may transmit pro- separately to each individual program- grams directed to specific schools in a ming stream. For purposes of this para- system or systems for use in connec- graph, a non-profit organization is an tion with the regular courses as well as entity that qualifies as a non-profit or- routine and administrative material ganization under 26 U.S.C. 501(c)(3). pertaining thereto and may transmit (1) Audience disclosure. A noncommer- educational, cultural, and entertain- cial educational FM broadcast station ment programs to the public. that interrupts regular programming (c) A noncommercial educational FM to conduct fundraising activities on be- broadcast station may broadcast pro- half of a third-party non-profit organi- grams produced by, or at the expense zation must air a disclosure during of, or furnished by persons other than such activities clearly stating that the the licensee, if no other consideration fundraiser is not for the benefit of the than the furnishing of the program and station itself and identifying the entity the costs incidental to its production for which it is fundraising. The station and broadcast are received by the li- must air the audience disclosure at the censee. The payment of line charges by beginning and the end of each fund- another station network, or someone raising program and at least once dur- other than the licensee of a non- ing each hour in which the program is commercial educational FM broadcast on the air. station, or general contributions to the (2) Reimbursement. A noncommercial operating costs of a station, shall not educational FM broadcast station that

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interrupts regular programming to miles (320 km) of the United States- conduct fundraising activities on be- Mexican border shall propose at least half of a third-party non-profit organi- Class A minimum facilities (see zation may accept reimbursement of § 73.211(a)). However, existing Class D expenses incurred in conducting third- noncommercial educational stations party fundraising activities or airing may apply to change frequency within third-party fundraising programs. the educational portion of the FM band (3) Exemption. No noncommercial in accordance with the requirements educational FM broadcast station that set forth in § 73.512. receives funding from the Corporation (c) Section 73.208 of this chapter shall for Public Broadcasting shall have the be complied with as to the determina- authority to interrupt regular pro- tion of reference points and distance gramming to conduct fundraising ac- computations used in applications for tivities on behalf of a third-party non- new or changed facilities. However, if profit organization. it is necessary to consider a Mexican (f) Mutually exclusive applications channel assignment or authorization, for noncommercial educational radio the computation of distance will be de- stations operating on reserved chan- termined as follows: if a transmitter nels will be resolved pursuant to the site has been established, on the basis point system in subpart K. of the coordinates of the site; if a NOTE TO § 73.503: Commission interpreta- transmitter site has not been estab- tion on this rule, including the acceptable lished, on the basis of the reference co- form of acknowledgements, may be found in ordinates of the community, town, or the Second Report and Order in Docket No. city. 21136 (Commission Policy Concerning the Noncommercial Nature of Educational [52 FR 43765, Nov. 16, 1987] Broadcast Stations), 86 FCC 2d 141 (1981); the Memorandum Opinion and Order in Docket § 73.505 Zones. No. 21136, 90 FCC 2d 895 (1982); the Memo- For the purpose of assignment of randum Opinion and Order in Docket 21136, 97 noncommercial educational FM sta- FCC 2d 255 (1984); and the Report and Order in Docket No. 12–106 (Noncommercial Edu- tions, the United States is divided into cational Station Fundraising for Third- three zones, Zone I, Zone I-A, and Zone Party Non-Profit Organizations), FCC 17–41, II, having the boundaries specified in April 20, 2017. See also Commission Policy Con- § 73.205. cerning the Noncommercial Nature of Edu- cational Broadcast Stations, Public Notice, 7 [42 FR 36828, July 18, 1977] FCC Rcd 827 (1992), which can be retrieved through the Internet at http://www.fcc.gov/ § 73.506 Classes of noncommercial edu- mmb/asd/nature.html. cational FM stations and channels. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (a) Noncommercial educational sta- 1068, 1082 (47 U.S.C. 154, 155, 303)) tions operating on the channels specified in § 73.501 are divided into the fol- [28 FR 13651, Dec. 14, 1963, as amended at 35 FR 7558, May 15, 1970; 47 FR 36178, Aug. 19, lowing classes: 1982; 49 FR 29069, July 18, 1984; 63 FR 33877, (1) A Class D educational station is June 22, 1998; 65 FR 36378, June 8, 2000; 82 FR one operating with no more than 10 21135, May 5, 2017] watts transmitter power output. (2) A Class D educational (secondary) § 73.504 Channel assignments in the station is one operating with no more Mexican border area. than 10 watts transmitter power output (a) NCE-FM stations within 199 miles in accordance with the terms of § 73.512 (320 km) of the United States-Mexican or which has elected to follow these re- border shall comply with the separa- quirements before they become appli- tion requirements and other provisions cable under the terms of § 73.512. of the ‘‘Agreement between the United (3) Noncommercial educational FM States of America and the United (NCE-FM) stations with more than 10 Mexican States Concerning Frequency watts transmitter power output are Modulation Broadcasting in the 88 to classified as Class A, B1, B, C3, C2, C1, 108 MHz Band’’ as amended. or C depending on the station’s effec- (b) Applicants for noncommercial tive radiated power and antenna height educational FM stations within 199 above average terrain, and on the zone

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in which the station’s transmitter is ments or assignments in the border located, on the same basis as set forth area. in §§ 73.210 and 73.211 for commercial (Secs. 4, 5, 303, 48 Stat., as amended, 1066, stations. 1068, 1082 (47 U.S.C. 154, 155, 303)) (b) Any noncommercial educational station except Class D may be assigned [42 FR 36828, July 18, 1977, as amended at 43 to any of the channels listed in § 73.501. FR 39716, Sept. 6, 1978; 44 FR 65764, Nov. 15, 1979; 49 FR 10264, Mar. 20, 1984; 49 FR 19670, Class D noncommercial educational May 9, 1984] FM stations applied for or authorized prior to June 1, 1980, may continue to § 73.508 Standards of good engineering operate on their authorized channels practice. subject to the provisions of § 73.512. (a) All noncommercial educational [43 FR 39715, Sept. 6, 1978, as amended at 49 stations and LPFM stations operating FR 10264, Mar. 20, 1984; 52 FR 47569, Dec. 15, with more than 10 watts transmitter 1987; 54 FR 16367, Apr. 24, 1989; 54 FR 19374, power output shall be subject to all of May 5, 1989] the provisions of the FM Technical Standards contained in subpart B of § 73.507 Minimum distance separations between stations. this part. Class D educational stations and LPFM stations operating with 10 (a) Minimum distance separations. No watts or less transmitter output power application for a new station, or shall be subject to the definitions con- change in channel or transmitter site tained in § 73.310, and also to those or increase in facilities of an existing other provisions of the FM Technical station, will be granted unless the pro- Standards which are specifically made posed facilities will be located so as to applicable to them by the provisions of meet the adjacent channel distance this subpart. separations specified in § 73.207(a) for (b) The transmitter and associated the class of station involved with re- transmitting equipment of each non- spect to assignment on Channels 221, commercial educational FM station 222, and 223 listed in § 73.201 (except where in the case of an existing station and LPFM station licensed for trans- the proposed facilities fall within the mitter power output above 10 watts provisions of § 73.207(b)), or where a must be designed, constructed and op- Class D station is changing frequency erated in accordance with § 73.317. to comply with the requirements of (c) The transmitter and associated § 73.512. transmitting equipment of each non- (b) Stations authorized as of Sep- commercial educational FM station li- tember 10, 1962, which do not meet the censed for transmitter power output of requirements of paragraph (a) of this 10 watts or less, although not required section and § 73.511, may continue to to meet all requirements of § 73.317, operate as authorized; but any applica- must be constructed with the safety tion to change facilities will be subject provisions of the current national elec- to the provisions of this section. trical code as approved by the Amer- (c)(1) Stations separated in frequency ican National Standards Institute. by 10.6 or 10.8 MHz (53 or 54 channels) These stations must be operated, from allotments or assignments on tuned, and adjusted so that emissions non-reserved channels will not be au- are not radiated outside the authorized thorized unless they conform to the band causing or which are capable of separations in Table A given in § 73.207. causing interference to the commu- (2) Under the United States-Mexican nications of other stations. The audio FM Broadcasting Agreement, for sta- distortion, audio frequency range, car- tions and assignments differing in fre- rier hum, noise level, and other essen- quency by 10.6 to 10.8 MHz (53 or 54 tial phases of the operation which con- channels), U.S. noncommercial edu- trol the external effects, must be at all cational FM allotments and assign- times capable of providing satisfactory ments must meet the separations given broadcast service. Studio equipment in Table C of § 73.207 to Mexican allot- properly covered by an underwriter’s

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certificate will be considered as satis- will be accepted even though overlap of fying safety requirements. signal strength contours, as specified [65 FR 7640, Feb. 15, 2000] in paragraphs (a) and (b) of this section, would occur with another station § 73.509 Prohibited overlap. in an area where such overlap does not (a) An application for a new or modi- already exists, if: fied NCE-FM station other than a Class (1) The total area of overlap with D (secondary) station will not be ac- that station would not be increased; cepted if the proposed operation would (2) The area of overlap with any involve overlap of signal strength con- other station would not increase; tours with any other station licensed (3) The area of overlap does not move by the Commission and operating in significantly closer to the station re- the reserved band (Channels 200–220, in- ceiving the overlap; and, clusive) as set forth below: (4) No area of overlap would be created with any station with which the Frequency Contour of proposed Contour of other sta- separation station tion overlap does not now exist. (e) The provisions of this section con- Co-channel .... 0.1mV/m (40 dBu) ... 1 mV/m (60 dBu) 1 mV/m (60 dBu) ..... 0.1 mV/m (40 dBu) cerning prohibited overlap will not 200 kHz ...... 0.5 mV/m (54 dBu) .. 1 mV/m (60 dBu) apply where the area of such overlap 1 mV/m (60 dBu)1 ... 0.5 mV/m (54 dBu) lies entirely over water. 400 kHz/600 100 mV/m (100 dBu) 1 mV/m (60 dBu) kHz. 1 mV/m (60 dBu) ..... 100 mV/m (100 dBu) [50 FR 27962, July 9, 1985, as amended at 52 FR 43765, Nov. 16, 1987; 65 FR 79778, Dec. 20, (b) An application by a Class D (sec- 2000] ondary) station, other than an application to change class, will not be accept- § 73.510 Antenna systems. ed if the proposed operation would in- (a) All noncommercial educational volve overlap of signal strength con- stations operating with more than 10 tours with any other station as set forth below: watts transmitter output power shall be subject to the provisions of § 73.316 Frequency Contour of proposed Contour of any other concerning antenna systems contained separation station station in subpart B of this part. Co-channel .... 0.1 mV/m (40 dBu) .. 1 mV/m (60 dBu). (b) Directional antenna. No applica- 200 kHz ...... 0.5 mV/m (54 dBu) .. 1 mV/m (60 dBu). tion for a construction permit of a new 400 kHz ...... 10 mV/m (80 dBu) ... 1 mV/m (60 dBu). 600 kHz ...... 100 mV/m (100 dBu) 1 mV/m (60 dBu). station, or change in channel, or change in an existing facility on the (c) The following standards must be same channel will be accepted for filing used to compute the distances to the if a directional antenna with a max- pertinent contours: imum-to-minimum ratio of more than (1) The distance of the 60 dBu (1 mV/ 15 dB is proposed. m) contours are to be computed using [42 FR 36829, July 18, 1977] Figure 1 of § 73.333 [F(50,50) curves] of this part. § 73.511 Power and antenna height re- (2) The distance to the other con- quirements. tours are to be computed using Figure 1a of § 73.333 [F(50,10) curves]. In the (a) No new noncommercial edu- event that the distance to the contour cational station will be authorized is below 16 kilometers (approximately with less power than minimum power 10 miles), and therefore not covered by requirements for commercial Class A Figure 1a, curves in Figure 1 must be facilities. (See § 73.211.) used. (b) No new noncommercial edu- (3) The effective radiated power cational FM station will be authorized (ERP) that is the maximum ERP for with facilities greater than Class B in any elevation plane on any bearing will Zones I and I-A or Class C in Zone II, as be used. defined in § 73.211. (d) An application for a change (other (c) Stations licensed before December than a change in channel) in the facili- 31, 1984, and operating above 50 kW in ties of a NCE-FM broadcast station Zones I and I-A, and above 100 kW and

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in Zone II may continue to operate as (b) At any time before the require- authorized. ments of paragraph (a) become effective, any existing Class D station may [50 FR 27963, July 9, 1985, as amended at 50 FR 31379, Aug. 2, 1985; 54 FR 3602, Jan. 25, file a construction permit application 1989] on FCC Form 340 to change channel in the manner described above which § 73.512 Special procedures applicable shall be subject to the same require- to Class D noncommercial edu- ments. In either case, any license cational stations. granted shall specify that the station’s (a) All Class D stations seeking re- license is for a Class D (secondary) sta- newal of license for any term expiring tion. June 1, 1980, or thereafter shall comply (c) Except in Alaska, no new Class D with the requirements set forth below applications nor major change applica- and shall simultaneously file an appli- tions by existing Class D stations are cation on FCC Form 340, containing acceptable for filing except by existing full information regarding such com- Class D stations seeking to change fre- pliance with the provisions set forth quency. Upon the grant of such appli- below. cation, the station shall become a (1) To the extent possible, each appli- Class D (secondary) station. cant shall select a commercial FM (d) Class D noncommercial edu- channel on which it proposes to oper- cational (secondary) stations (see ate in lieu of the station’s present § 73.506(a)(2)) will be permitted to con- channel. The station may select any tinue to operate only so long as no in- commercial channel provided no objec- terference (as defined in § 73.509) is tionable interference, as set forth in caused to any TV or commercial FM § 73.509(b), would be caused. The appli- broadcast stations. In the event that cation shall include the same engineer- the Class D (secondary) station would ing information as is required to cause interference to a TV or commer- change the frequency of an existing cial FM broadcast station after that station and any other information nec- Class D (secondary) station is author- essary to establish the fact that objec- ized, the Class D (secondary) station tionable interference would not result. must cease operation when program If no commerical channel is available tests for the TV or commercial FM where the station could operate with- broadcast station commence. The Class out causing such interference, the ap- D (secondary) station may apply for a plication shall set forth the basis upon construction permit (see § 73.3533) to which this conclusion was reached. change to another frequency or an- (2) If a commercial channel is un- tenna site where it would not cause in- available, to the extent possible each terference (as defined in § 73.509). If the applicant should propose operation on Class D (secondary) station must cease Channel 200 (87.9 MHz) unless the sta- operation before the construction per- tion would be within 402 kilometers mit is granted, an application for tem- (250 miles) of the Canadian border or porary authorization (pursuant to 320 kilometers (199 miles) of the Mexi- § 73.3542) to operate with the proposed can border or would cause interference facilities may be submitted; where ap- to an FM station operating on Chan- propriate, such temporary authoriza- nels 201, 202, or 203 or to TV Channel 6, tion can be granted. as provided in § 73.509. [43 FR 39716, Sept. 6, 1978, as amended at 44 (3) If a channel is not available under FR 48226, Aug. 17, 1979; 47 FR 28388, June 30, either paragraph (a) (1) or (2) of this 1982; 50 FR 8326, Mar. 1, 1985] section, the renewal applicant shall study all 20 noncommercial edu- § 73.513 Noncommercial educational cational FM channels and shall propose FM stations operating on unre- operation on the channel which would served channels. cause the least preclusion to the estab- (a) Noncommercial educational FM lishment of new stations or increases stations other than Class D (secondary) in power by existing stations. Full in- which operate on Channels 221 through formation regarding the basis for the 300 but which comply with § 73.503 as to selection should be provided. licensing requirements and the nature

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of the service rendered, must comply by a written agreement between the with the provisions of the following NCE-FM applicant and each affected sections of subpart B: §§ 73.201 through TV Channel 6 broadcast station concur- 73.213 (Classification of FM Broadcast ring with the proposed NCE-FM facili- Stations and Allocations of Fre- ties. quencies) and such other sections of (a) Affected TV Channel 6 station. (1) subpart B as are made specially appli- An affected TV Channel 6 station is a cable by the provisions of this subpart TV broadcast station which is author- C. Stations in Alaska authorized before ized to operate on Channel 6 that is lo- August 11, 1982, using Channels 261–300 cated within the following distances of need not meet the minimum effective a NCE-FM station operating on Chan- radiated power requirement specified nels 201–220: in § 73.211(a). In all other respects, stations operating on Channels 221 TABLE A through 300 are to be governed by the NCE-FM Distance (kil- NCE-FM Distance (kil- provisions of this subpart and not subchannel ometers) channel ometers) part B. 201 265 211 196 (b) When a noncommercial edu- 202 257 212 195 cational applicant is among mutually 203 246 213 193 exclusive applications for an unre- 204 235 214 187 served FM channel, the mutually ex- 205 225 215 180 206 211 216 177 clusive applications will be considered 207 196 217 174 pursuant to Subpart I—Competitive 208 196 218 166 Bidding Procedures and not Subpart 209 196 219 159 210 196 220 154 K—Application and Selection Proce- dures On Reserved Noncommercial (2) Where a NCE-FM application has Educational Channels. been accepted for filing or granted, the [47 FR 30068, July 12, 1982, as amended at 65 subsequent acceptance of an applica- FR 36378, June 8, 2000] tion filed by a relevant TV Channel 6 station will not require revision of the § 73.514 Protection from interference. pending NCE-FM application or the FM Permittees and licensees of NCE FM station’s authorized facilities, unless stations are not protected from inter- the provisions of paragraph (e)(3) of ference which may be caused by the this section for TV translator or sat- grant of a new LPFM station or of au- ellite stations apply. thority to modify an existing LPFM (b) Existing NCE-FM stations. (1) A station, except as provided in subpart NCE-FM station license authorized to G of this part. operate on channels 201–220 as of De- cember 31, 1984, or a permittee, granted [65 FR 67299, Nov. 9, 2000] a construction permit for a NCE-FM § 73.515 NCE FM transmitter location. station as of December 31, 1984, are not subject to this section unless they pro- The transmitter location shall be pose either: chosen so that, on the basis of effective (i) To make changes in operating fa- radiated power and antenna height cilities or location which will increase above average terrain employed, a min- predicted interference as calculated imum field strength of l mV/m (60 dBu) under paragraph (e) of this section to will be provided over at least 50 percent TV Channel 6 reception in any direc- of its community of license or reach 50 tion; or, percent of the population within the (ii) To increase its ratio of vertically community. polarized to horizontally polarized [65 FR 79779, Dec. 20, 2000] transmissions. (2) Applicants must comply with the § 73.525 TV Channel 6 protection. provision of paragraphs (c) or (d) of The provisions of this section apply this section unless the application for to all applications for construction per- modification demonstrates that, for mits for new or modified facilities for a each person predicted to receive new NCE-FM station on Channels 200–220 interference as a result of the change, unless the application is accompanied existing predicted interference to two

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person will be eliminated. Persons pre- fected TV Channel 6 stations (as de- dicted to receive new interference are fined in paragraph (a) of this section). those located outside the area pre- (5) Where the NCE-FM station dem- dicted to receive interference from the onstrates in its application that it station’s currently authorized facilities must make an involuntary modifica- (‘‘existing predicted interference tion (e.g., due to loss of its transmitter area’’) but within the area predicted to site) that would not otherwise be per- receive interference from the proposed mitted under this section, its applica- facilities (‘‘proposed predicted inter- tion will be considered on a case-by- ference area’’). Persons for whom pre- case basis. In such cases, the provisions dicted interference will be eliminated of paragaph (b)(3) of this section do not are those located within the existing apply. predicted interference area and outside (c) New NCE-FM stations. Except as the proposed predicted interference provided for by paragraph (d) of this area. section, applicants for NCE-FM sta- (i) In making this calculation, the tions proposing to operate on Channels provisions contained at paragraph (e) 201–220 must submit a showing indi- will be used except as modified by cating that the predicted interference paragraph (b)(3) of this section. area resulting from the proposed facil- (ii) The following adjustment to the ity contains no more than 3,000 per- population calculation may be made: sons. up to 1,000 persons may be subtracted (1) In making these calculations, the from the population predicted to re- provisions in paragraph (e) of this sec- ceive new interference if, for each per- tion will be used. son substracted, the applicant effec- (2) The following adjustment to popu- tively installs two filters within 90 lation may be made: up to 1,000 persons days after commencing program tests may be subtracted from the population with the proposed facilities and, no within the predicted interference area later than 45 days thereafter, provides if, for each person subtracted, the ap- the affected TV Channel 6 station (as plicant effectively installs one filter defined in paragraph (a) of this section) within 90 days after commencing pro- with a certification containing suffi- gram tests and, no later than 45 days cient information to permit thereafter, provides the affected TV verification of such installation. The Channel 6 station with a certification required number of filters will be in- containing sufficient information to stalled on television receivers located permit verification of such installa- within the predicted interference area; tion. The required number of filters provided that half of the installations will be installed on television receivers are within the area predicted to receive located within the predicted inter- new interference. ference area. (d) Collocated stations. As an alter- (3) Where an NCE-FM applicant wish- native to the provisions contained in es to operate with facilities in excess of paragraphs (b) and (c) of this section, that permitted under the provisions of an application for a NCE-FM station paragraphs (c) or (d) of this section, by operating on Channels 201–220 and lo- proposing to use vertically polarized cated at 0.4 kilometer (approximately transmissions only, or to increase its 0.25 mile) or less from a TV Channel 6 ratio of vertically to horizontally po- station will be accepted under the fol- larized transmissions, the affected TV lowing requirements: Channel 6 station must be given an op- (1) The effective radiated power can- tion to pay for the required antenna not exceed the following values: and, if it takes that option, the NCE- FM vertically polarized component of TABLE B power will be one half (¥3 dB) that which would be allowed by the provi- NCE-FM Power (kilo- NCE-FM Power (kilo- sions of paragraph (e)(4) of this section. channel watt) channel watt) (4) Applications for modification will 201 1.1 211 26.3 include a certification that the appli- 202 1.9 212 31.6 203 3.1 213 38.0 cant has given early written notice of 204 5.0 214 46.8 the proposed modification to all af- 205 8.3 215 56.2

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TABLE B—Continued to that azimuth. At all points at and within the Grade A field strength con- NCE-FM Power (kilo- NCE-FM Power (kilo- channel watt) channel watt) tour of the TV Channel 6 station, the 6 dB adjustment is applicable over the 206 10.0 216 67.6 range of angles from 70° clockwise to 207 12.0 217 83.2 110° and from 250° clockwise to 290°. 208 14.8 218 100.0 209 17.8 219 100.0 (iv) The distances to the applicable 210 21.4 220 100.0 NCE-FM interference contours will be predicted according to the procedures (2) The NCE-FM application will in- specified in § 73.313, ‘‘Prediction of Cov- clude a certification that the applicant erage,’’ using the proposed antenna has coordinated its antenna with the height and horizontally polarized, or affected TV station by employing ei- the horizontal equivalent of the ther: The same number of antenna bays vertically polarized, effective radiated with radiation centers separated by no power in the pertinent direction and more than 30 meters (approximately the F(50,10) field strength curves (Fig- 100 feet) verticially; or, the FM vertical ure 1a, § 73.333). pattern not exceeding the TV vertical (v) The predicted interference area pattern by more than 2dB. will be defined as the area within the (e) Calculation of predicted interference TV Channel 6 station’s 47 dBu field area and population. Predictions of in- strength contour that is bounded by terference required under this section the locus of intersections of a series of and calculations to determine the num- TV Channel 6 field strength contours ber of persons within a predicted inter- and the applicable NCE-FM interference area for NCE-FM operation on ference contours. Channels 201–220 are made as follows: (vi) In cases where the terrain in one (1) The predicted interference area or more directions departs widely from will be calculated as follows: the surrounding terrain average (for (i) The distances to the TV Channel 6 example, an intervening mountain), a field strength contours will be pre- supplemental showing may be made. dicted according to the procedures Such supplemental showings must de- specified in § 73.684, ‘‘Prediction of cov- scribe the procedure used and should erage,’’ using the F(50,50) curves in Fig- include sample calculations. The appli- ure 9, § 73.699. cation must also include maps indi- (ii) For each TV Channel 6 field cating the predicted interference area strength contour, there will be an asso- for both the regular method and the ciated F(50,10) FM interference con- supplemental method. tour, the value of which (in units of (vii) In cases where the predicted in- dBu) is defined as the sum of the TV terference area to Channel 6 television Channel 6 field strength (in dBu) and from a noncommercial educational FM the appropriate undesired-to-desired station will be located within the 90 (U/D) signal ratio (in dB) obtained from dBu F(50,50) contour of the television Figures 1 and 2, § 73.599, corresponding Channel 6 station, the location of the to the channel of the NCE-FM appli- FM interfering contour must be deter- cant and the appropriate F(50,50) field mined using the assumption that the strength contour of the TV Channel 6 Channel 6 field strength remains con- station. stant at 90 dBu everywhere within the (iii) An adjustment of 6 dB for tele- 90 dBu TV contour. The FM to Channel vision receiving antenna directivity 6 U/D signal strength ratio specified in will be added to each NCE-FM inter- § 73.599 corresponding to the Channel 6 ference contour at all points outside TV field strength of 90 dBu shall be the Grade A field strength contour used. (§ 73.683) of the TV Channel 6 station (2) The number of persons contained and within an arc defined by the range within the predicted interference area of angles, of which the FM transmitter will be based on data contained in the site is the vertex, from 110° relative to most recently published U.S. Census of the azimuth from the FM transmitter Population and will be determined by site to the TV Channel 6 transmitter plotting the predicted interference site, counterclockwise to 250° relative area on a County Subdivision Map of

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the state published for the Census, and population for translator service had totalling the number of persons in each been made in its application. County Subdivision (such as, Minor (B) The transition period may not ex- Civil Division (MCD), Census County ceed 1 year from the date the NCE-FM Division (CCD), or equivalent areas) station is notified by the TV Channel 6 contained within the predicted inter- station that the translator station will ference area. Where only a portion of cease to carry the affected TV Channel County Subdivision is contained within 6 station’s service or 6 months after the interference area: the translator station ceases to carry (i) The population of all incorporated the affected TV Channel 6 station’s places or Census designated places will service, whichever is earlier. be subtracted from the County Subdivi- (ii) If any part of the interference sion population; area is within the Grade B field (ii) Uniform distribution of the re- strength contour (§ 73.683) of a satellite maining population over the remaining station of the affected TV Channel 6 area of the County Subdivision will be station, the number of persons within assumed in determining the number of the overlap area will be subtracted, persons within the predicted inter- provided the NCE-FM permit and li- ference area in proportion to the share cense will contain the following condi- of the remaining area of the County tions: Subdivision that lies within the pre- (A) If the satellite station ceases to dicted interference area; and, carry the affected TV Channel 6 sta- (iii) The population of the incor- tion’s service and the cessation is not porated places or Census designated the choice of the affected TV Channel 6 places contained within the predicted station, the NCE-FM station will mod- interference area will then be added to ify its facilities, within a reasonable the total, again assuming uniform dis- transition period, to meet the require- tribution of the population within the ments of this rule which would have area of each place and adding a share of applied if no adjustment to population the population proportional to the for satellite station service had been share of the area if only a portion of made in its application. such a place is within the predicted in- (B) The transition period may not ex- terference area. ceed 1 year from the date the NCE-FM (iv) At the option of either the NCE- station is notified by the TV Channel 6 FM applicant or an affected TV Chan- station that the satellite station will nel 6 station which provides the appro- cease to carry the affected TV Channel priate analysis, more detailed popu- 6 stations’s service or 6 months after lation data may be used. the satellite station ceases to carry the (3) Adjustments to the population affected TV Channel 6 station’s service, calculated pursuant to paragraph (e)(2) whichever is earlier. of this section may be made as follows: (iii) If any part of the predicted inter- (i) If any part of the predicted interference area is located outside the af- ference area is within the Grade A field fected TV Channel 6 station’s Area of strength contour (§ 73.683) of a TV Dominant Influence (ADI), outside the translator station carrying the affected Grade A field strength contour TV Channel 6 station, the number of (§ 73.683), and within the predicted city persons within that overlap area will grade field strength contour (73.685(a)) be subtracted, provided the NCE-FM of a TV broadcast station whose only construction permit and license will network affiliation is the same as the contain the following conditions: only network affiliation of the affected (A) When the TV translator station TV Channel 6 station, the number of ceases to carry the affected TV Chan- persons within that part will be sub- nel 6 station’s service and the cessation tracted. (For purposes of this provi- is not the choice of the affected TV sion, a network is defined as ABC, CBS, Channel 6 station, the NCE-FM station NBC, or their successors.) In addition, will modify its facilities, within a rea- the ADI of an affected TV Channel 6 sonable transition period, to meet the station and the program network affili- requirements of this section which ations of all relevant TV broadcast sta- would have applied if no adjustment to tions will be assumed to be as they

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were on the filing date of the NCE-FM maximum horizontally polarized ERP application or June 1, 1985, whichever permissible at the same proposed an- is later. tenna height, calculated without the (iv) In calculating the population adjustment for television receiving an- within the predicted interference area, tenna directivity specified in para- an exception will be permitted upon a graph (e)(1)(iii) of this section, multi- showing (e.g., as survey of actual tele- plied by either: 40 if the predicted in- vision reception) that the number of terference area lies entirely outside persons within the predicted inter- the limits of a city of 50,000 persons or ference area should be reduced to ac- more; or 10 if it does not. count for persons actually experiencing (ii) If the applicant chooses to use co-channel or adjacent channel inter- mixed polarity, the permissible ERP is ference to reception of the affected TV as follows: Channel 6 station. The area within which such a showing may be made [H + (V/A)] is no greater than P will be limited to the area calculated Where: as follows: H is the horizontally polarized ERP in kilo- (A) The distances to the field watts for mixed polarity; strength contours of the affected TV V is the vertically polarized ERP in kilo- Channel 6 station will be predicted ac- watts for mixed polarity; cording to the procedures specified in A is 40 if the predicted interference area lies § 73.684, ‘‘Prediction of coverage,’’ using entirely outside the limits of a city of the F(50,50) curves in Figure 9, § 73.699. 50,000 persons or more, or 10 if it does (B) For each field strength contour of not; and the affected TV Channel 6 station, P is the maximum permitted horizontally there will be an associated co-channel polarized-only power in kilowatts. or adjacent channel TV broadcast sta- (f) Channel 200 Applications. No appli- tion interference contour, the value of cation for use of NCE-FM Channel 200 which (in units of dBu) is defined as the will be accepted if the requested facil- sum of the affected TV Channel 6 sta- ity would cause objectionable inter- tion’s field strength (in dBu) and the ference to TV Channel 6 operations. appropriate undesired-to-desired signal Such objectionable interference will be ratio (in dB) as follows: considered to exist whenever the 15 Co-channel, normal offset, ¥22 dB dBu contour based on the F(50,10) Co-channel, no offset, ¥39 dB curves in § 73.333 Figure 1a would over- Adjacent channel, + 12 dB lap the 40 dBu contour based on the (C) The distances to the associated F(50,50) curves in § 73.699, Figure 9. co-channel or adjacent channel TV [50 FR 27963, July 9, 1985; 50 FR 30187, July 24, broadcast station interference contour 1985; 50 FR 31379, Aug. 2, 1985, as amended at will be predicted according to the pro- 51 FR 26250, July 22, 1986; 52 FR 25867, July 9, cedures specified in § 73.684, ‘‘Prediction 1987; 62 FR 51059, Sept. 30, 1997] of coverage,’’ using the F(50,10) curves in Figure 9a, § 73.699. § 73.558 Indicating instruments. (D) The area within which the show- The requirements for indicating in- ing of actual interference may be made struments described in § 73.258 are ap- will be the area bounded by the locus of plicable to all educational FM broad- intersections of a series of the affected cast stations licensed with a trans- TV Channel 6 station’s field strength mitter power greater than 0.01 kw. contours and the associated interference contours of the co-channel or [51 FR 17029, May 8, 1986] adjacent channel TV broadcast station. (4) The maximum permissible effec- § 73.561 Operating schedule; time shar- tive radiated power (ERP) and antenna ing. height may be adjusted for vertical po- (a) All noncommercial educational larity as follows: FM stations will be licensed for unlim- (i) If the applicant chooses to use ited time operation except those sta- vertically polarized transmissions tions operating under a time sharing only, the maximum permissible arrangement. All noncommercial edu- vertically polarized ERP will be the cational FM stations are required to

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operate at least 36 hours per week, con- fied by statement to that effect filed sisting of at least 5 hours of operation with the application proposing time per day on at least 6 days of the week; sharing. Thereafter the Commission however, stations licensed to edu- will designate the application for hear- cational institutions are not required ing on any qualification issues arising to operate on Saturday or Sunday or to regarding the renewal or new appli- observe the minimum operating re- cants. If no such issues pertain, the quirements during those days des- Commission will set the matter for ex- ignated on the official school calendar pedited hearing limited solely to the as vacation or recess periods. issue of the sharing of time. In the (b) All stations, including those event the stations have been operating meeting the requirements of paragraph under a time sharing agreement but (a) of this section, but which do not op- cannot agree on its continuation, a erate 12 hours per day each day of the hearing will be held, and pending such year, will be required to share use of hearing, the operating schedule pre- the frequency upon the grant of an ap- viously adhered to shall remain in full propriate application proposing such force and effect. share time arrangement. Such applica- (c) A departure from the regular tions shall set forth the intent to share schedule set forth in a time-sharing time and shall be filed in the same agreement will be permitted only in manner as are applications for new sta- cases where a written agreement to tions. They may be filed at any time, that effect is reduced to writing, is but in cases where the parties are un- signed by the licensees of the stations able to agree on time sharing, action affected thereby, and is filed in trip- on the application will be taken only in licate by each licensee with the Com- connection with the renewal of applica- mission, Attention: Audio Division, tion for the existing station. In order Media Bureau, prior to the time of the to be considered for this purpose, such proposed change. If time is of the es- an application to share time must be sence, the actual departure in oper- filed no later than the deadline for fil- ating schedule may precede the actual ing petitions to deny the renewal appli- filing of the written agreement, pro- cation of the existing licensee, or, in vided that appropriate notice is sent to the case of renewal applications filed the Commission in Washington, DC, by the existing licensee on or before Attention: Audio Division, Media Bu- May 1, 1995, no later than the deadline reau. for filing applications in conflict with (d) In the event that causes beyond the such renewal applications. the control of a permittee or licensee (1) The licensee and the prospective make it impossible to adhere to the op- licensee(s) shall endeavor to reach an erating schedule in paragraph (a) or (b) agreement for a definite schedule of pe- of this section or to continue oper- riods of time to be used by each. Such ating, the station may limit or disagreement shall be in writing and shall continue operation for a period not ex- set forth which licensee is to operate ceeding 30 days without further author- on each of the hours of the day ity from the Commission provided that throughout the year. Such agreement notification is sent to the Commission shall not include simultaneous oper- in Washington, DC, Attention: Audio ation of the stations. Each licensee Division, Media Bureau, no later than shall file the same in triplicate with the 10th day of limited or discontinued each application to the Commission for operation. During such period, the per- initial construction permit or renewal mittee shall continue to adhere to the of license. Such written agreements requirements of the station license per- shall become part of the terms of each taining to the lighting of antenna station’s license. structures. In the event normal oper- (2) The Commission desires to facili- ation is restored prior to the expiration tate the reaching of agreements on of the 30 day period, the permittee or time sharing. However, if the licensees licensee will notify the FCC, Attention: of stations authorized to share time Audio Division of the date that normal are unable to agree on a division of operations resumed. If causes beyond time, the Commission shall be so noti- the control of the permittee or licensee

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make it impossible to comply within § 73.593 Subsidiary communications the allowed period, Special Temporary services. Authority (see § 73.1635) must be re- The licensee of a noncommercial edu- quested to remain silent for such addi- cational FM station is not required to tional time as deemed necessary. The license of a broadcasting station that use its subcarrier capacity, but if it fails to transmit broadcast signals for chooses to do so, it is governed by any consecutive 12 month period ex- §§ 73.293 through 73.295 of the Commis- pires as a matter of law at the end of sion’s Rules regarding the types of per- that period, notwithstanding any pro- missible subcarrier uses and the man- vision, term, or condition of license to ner in which subcarrier operations the contrary. shall be conducted; Provided, however, that remunerative use of a station’s NOTE 1 TO § 73.561: For allocations purposes, subcarrier capacity shall not be detri- both (all) stations sharing time will be treated as unlimited time stations. mental to the provision of existing or NOTE 2 TO § 73.561: See §§ 73.1705, 73.1715, and potential radio reading services for the 73.1740. blind or otherwise inconsistent with its (Secs. 4, 5, 303, 48 Stat., as amended, 1066, public broadcasting responsibilities. 1068, 1082 (47 U.S.C. 154, 155, 303)) [48 FR 26615, June 9, 1983] [43 FR 39717, Sept. 6, 1978, as amended at 43 FR 45845, Oct. 4, 1978; 44 FR 3416, Jan. 19, 1979; § 73.597 FM stereophonic sound broad- 44 FR 65764, Nov. 15, 1979; 47 FR 54448, Dec. 3, casting. 1982; 50 FR 13974, Apr. 9, 1985; 61 FR 18291, Apr. 25, 1996; 61 FR 28767, June 6, 1996; 63 FR A noncommercial educational FM 33877, June 22, 1998; 67 FR 13231, Mar. 21, 2002] broadcast station may, without specific authority from the FCC, transmit § 73.567 Determining operating power. stereophonic sound programs upon in- The procedures for determining oper- stallation of stereophonic sound trans- ating power described in § 73.267 are ap- mitting equipment under the provi- plicable to noncommercial education sions of §§ 2.977, 2.1001, 73.322, and 73.1590 FM stations. of the FCC’s Rules. [44 FR 58732, Oct. 11, 1979] [51 FR 17029, May 8, 1986]

§ 73.599 NCE-FM engineering charts. This section consists of the following Figures 1 and 2.

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[50 FR 27965, July 9, 1985]

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Subpart E—Television Broadcast Frequency Channel No. band Stations (MHz) § 73.601 Scope of subpart. 39 ...... 620–626 40 ...... 626–632 This subpart contains the rules and 41 ...... 632–638 regulations (including engineering 42 ...... 638–644 standards) governing TV broadcast sta- 43 ...... 644–650 44 ...... 650–656 tions, including noncommercial edu- 45 ...... 656–662 cational TV broadcast stations and, 46 ...... 662–668 where indicated, low power TV and TV 47 ...... 668–674 48 ...... 674–680 translator stations in the United 49 ...... 680–686 States, its Territories and possessions. 50 ...... 686–692 TV broadcast, low power TV, and TV 51 ...... 692–698 translator stations are assigned chan- 52 ...... 698–704 53 ...... 704–710 nels 6 MHz wide, designated as set 54 ...... 710–716 forth in § 73.603(a). 55 ...... 716–722 56 ...... 722–728 [47 FR 21494, May 18, 1982] 57 ...... 728–734 58 ...... 734–740 § 73.602 Cross reference to rules in 59 ...... 740–746 other parts. 60 ...... 746–752 61 ...... 752–758 See § 73.1010. 62 ...... 758–764 63 ...... 764–770 [43 FR 32781, July 28, 1978] 64 ...... 770–776 65 ...... 776–782 § 73.603 Numerical designation of tele- 66 ...... 782–788 vision channels. 67 ...... 788–794 68 ...... 794–800 (a) 69 ...... 800–806 Frequency Channel No. band (b) [Reserved] (MHz) (c) Channel 37, 608–614 MHz is re- 2 ...... 54–60 served exclusively for the radio astron- 3 ...... 60–66 omy service. 4 ...... 66–72 (d) In Hawaii, the frequency band 488– 5 ...... 76–82 6 ...... 82–88 494 MHz is allocated for non-broadcast 7 ...... 174–180 use. This frequency band (Channel 17) 8 ...... 180–186 will not be assigned in Hawaii for use 9 ...... 186–192 10 ...... 192–198 by television broadcast stations. 11 ...... 198–204 12 ...... 204–210 [28 FR 13660, Dec. 14, 1963, as amended at 35 13 ...... 210–216 FR 11179, July 11, 1970; 39 FR 10576, Mar. 21, 14 ...... 470–476 1974; 47 FR 16789, Apr. 20, 1982; 47 FR 30068, 15 ...... 476–482 July 12, 1982; 47 FR 35989, Aug. 18, 1982; 51 FR 16 ...... 482–488 18450, May 20, 1986; 70 FR 46676, Aug. 10, 2005] 17 ...... 488–494 18 ...... 494–500 19 ...... 500–506 § 73.606 Table of allotments. 20 ...... 506–512 The table of allotments set forth in 21 ...... 512–518 22 ...... 518–524 § 73.622(i) contains the channels des- 23 ...... 524–530 ignated for the listed communities in 24 ...... 530–536 the United States, its Territories, and 25 ...... 536–542 possessions. Channels designated with 26 ...... 542–548 27 ...... 548–554 an asterisk are assigned for use by non- 28 ...... 554–560 commercial educational broadcast sta- 29 ...... 560–566 tions only. 30 ...... 566–572 31 ...... 572–578 [83 FR 5544, Feb. 8, 2018] 32 ...... 578–584 33 ...... 584–590 34 ...... 590–596 § 73.609 Zones. 35 ...... 596–602 (a) For the purpose of allotment and 36 ...... 602–608 37 ...... 608–614 assignment, the United States is di- 38 ...... 614–620 vided into three zones as follows:

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(1) Zone I consists of that portion of North latitude West lon- the United States located within the gitude confines of the following lines drawn (a) ...... 29°40′00″ 83°24′00″ on the U.S. Albers Equal Area Projec- (b) ...... 30°07′00″ 84°12′00″ (c) ...... 30°31′00″ 86°30′00″ tion Map (based on standard parallels (d) ...... 30°48′00″ 87°58′30″ 291⁄2° and 451⁄2°; North American datum): (e) ...... 30°00′00″ 90°38′30″ Beginning at the most easterly point (f) ...... 30°04′30″ 93°19′00″ (g) ...... 29°46′00″ 95°05′00″ on the State boundary line between (h) ...... 28°43′00″ 96°39′30″ North Carolina and Virginia; thence in (i) ...... 27°52′30″ 97°32′00″ a straight line to a point on the Vir- ginia-West Virginia boundary line lo- When any of the above arcs pass cated at north latitude 37°49′ and west through a city, the city shall be consid- longitude 80°12′30″; thence westerly ered to be located in Zone II. (See Fig- along the southern boundary lines of ure 2 of § 73.699.) the States of West Virginia, Ohio, Indi- [28 FR 13660, Dec. 14, 1963, as amended at 33 ana, and Illinois to a point at the junc- FR 15422, Oct. 17, 1968; 50 FR 23697, June 5, tion of the Illinois, Kentucky, and Mis- 1985; 51 FR 44070, Dec. 8, 1986] souri State boundary lines; thence § 73.612 Protection from interference. northerly along the western boundary line of the State of Illinois to a point (a) Permittees and licensees of TV at the junction of the Illinois, Iowa, broadcast stations are not protected and Wisconsin State boundary lines; from any interference which may be caused by the grant of a new station or thence easterly along the northern of authority to modify the facilities of State boundary line of Illinois to the an existing station in accordance with 90th meridian; thence north along this the provisions of this subpart. The na- ° meridian to the 43.5 parallel; thence ture and extent of the protection from east along this parallel to the United interference accorded to TV broadcast States-Canada border; thence southerly stations is limited solely to the protec- and following that border until it again tion which results from the minimum intersects the 43.5° parallel; thence east allotment and station separation re- along this parallel to the 71st meridian; quirements and the rules and regula- thence in a straight line to the inter- tions with respect to maximum powers section of the 69th meridian and the and antenna heights set forth in this 45th parallel; thence east along the subpart. 45th parallel to the Atlantic Ocean. (b) When the Commission determines When any of the above lines pass that grant of an application would through a city, the city shall be consid- serve the public interest, convenience, ered to be located in Zone I. (See Fig- and necessity and the instrument of ure 1 of § 73.699.) authorization specifies an antenna lo- (2) Zone II consists of that portion of cation in a designated antenna farm the United States which is not located area which results in distance separa- in either Zone I or Zone III, and Puerto tion less than those specified in this Rico, Alaska, Hawaiian Islands and the subpart, TV broadcast station permit- Virgin Islands. tees and licensees shall be afforded protection from interference equivalent to (3) Zone III consists of that portion of the protection afforded under the min- the United States located south of a imum distance separations specified in line, drawn on the United States Albers this subpart. Equal Area Projection Map (based on standard parallels 29.50 and 45.50 North NOTE: The nature and extent of the protec- American datum), beginning at a point tion from interference accorded to TV broadcast stations which were authorized prior to on the east coast of Georgia and the April 14, 1952, and which were operating on 31st parallel and ending at the United said date is limited not only as specified States-Mexican border, consisting of above but is further limited by any smaller arcs drawn with a 241.4 kilometer (150 separations existing between such stations mile) radius to the north from the fol- on said date. Where, as a result of the adop- lowing specified points: tion of the Table of Allotments or of changes in transmitter sites made by such stations

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after said date, separations smaller than the than 50 kilowatts and operating on a required minimum are increased but still re- channel which is the second, third, or main lower than the required minimum, pro- fourth channel above or below the re- tection accorded such stations will be limited to the new separations. quested channel. Compliance with this requirement shall be determined based [28 FR 13660, Dec. 14, 1963, as amended at 32 on a distance computation rounded to FR 8814, June 21, 1967; 50 FR 23698, June 5, the nearest kilometer. 1985; 51 FR 44070, Dec. 8, 1986] (e) In cases where a TV broadcast § 73.613 Protection of Class A TV sta- station has been authorized facilities tions. that do not meet the distance separa- (a) An application for a new TV tion requirements of this section, an broadcast station or for changes in the application to modify such a station’s operating facilities of an existing TV facilities will not be accepted if it de- broadcast station will not be accepted creases that separation. for filing if it fails to comply with the (f) New interference must not be requirements specified in this section. caused to Class A TV stations authorized pursuant to Subpart J of this part, NOTE TO § 73.613(a): Licensees and permit- within the protected contour defined in tees of TV broadcast stations that were au- § 73.6010 of this part. For this pre- thorized on November 29, 1999 (and appli- diction, the TV broadcast station field cants for new TV stations that had been cut- off without competing applications or that strength is calculated from the pro- were the winning bidder in a TV broadcast posed effective radiated power and the station auction as of that date, or that were antenna height above average terrain the proposed remaining applicant in a group in pertinent directions using the meth- of mutually exclusive applications for which ods in § 73.684 of this part. a settlement agreement was on file as of that (1) For co-channel protection, the date) may continue to operate with facilities field strength is calculated using the that do not protect Class A TV stations. Ap- plications filed on or before November 29, appropriate F(50,10) chart from Figure 1999 for a change in the operating facilities 9a, 10a, or 10c of § 73.699 of this part. of such stations also are not required to pro- (2) For TV broadcast stations that do tect Class A TV stations under the provi- not specify the same channel as the sions of this section. Class A TV station to be protected, the (b) Due to the frequency spacing field strength is calculated using the which exists between TV channels 4 appropriate F(50,50) chart from Figure and 5, between channels 6 and 7, and be- 9, 10, or 10b of § 73.699 of this part. tween channels 13 and 14, first-adjacent (g) A TV broadcast station applica- channel protection standards shall not tion will not be accepted if the ratio in be applicable to these pairs of chan- dB of its field strength to that of the nels. Some interference protection re- Class A TV station at the Class A TV quirements of this section only apply station’s protected contour fails to to stations transmitting on the UHF meet the following: TV channels 14 through 51 (See (1) ¥45 dB for co-channel operations § 73.603(a) of this part). where the Class A TV station does not (c) A UHF TV broadcast station ap- specify an offset carrier frequency or plication will not be accepted if it where the TV broadcast and Class A TV specifies a site less than 100 kilometers stations do not specify different offset from the transmitter site of a UHF carrier frequencies (zero, plus or Class A TV station operating on a minus) or ¥28 dB for offset carrier fre- channel which is the seventh channel quency operation where the TV broad- above the requested channel. Compli- cast and Class A TV stations specify ance with this requirement shall be de- different offset carrier frequencies. termined based on a distance computa- (2) 6 dB when the protected Class A tion rounded to the nearest kilometer. TV station operates on a VHF channel (d) A UHF TV broadcast station ap- that is one channel above the requested plication will not be accepted if it channel. specifies a site less than 32 kilometers (3) 12 dB when the protected Class A from the transmitter site of a UHF TV station operates on a VHF channel Class A TV station that is authorized that is one channel below the requested an effective radiated power of more channel.

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(4) 15 dB when the protected Class A www.fcc.gov/oet/info/documents/bulletins/ TV station operates on a UHF channel #69. that is one channel above or below the [65 FR 3001, May 10, 2000] requested channel. (5) 23 dB when the protected Class A § 73.614 Power and antenna height re- TV station operates on a UHF channel quirements. that is fourteen channels below the re- (a) Minimum requirements. Applica- quested channel. tions will not be accepted for filing if (6) 6 dB when the protected Class A they specify less than ¥10 dBk (100 TV station operates on a UHF channel watts) horizontally polarized visual ef- that is fifteen channels below the re- fective radiated power in any hori- quested channel. zontal direction. No minimum antenna (h) New interference must not be height above average terrain is speci- caused to digital Class A TV stations fied. authorized pursuant to Subpart J of (b) Maximum power. Applications will this part, within the protected contour not be accepted for filing if they speci- defined in § 73.6010 of this part. A TV fy a power which exceeds the maximum broadcast station application will not permitted boundaries specified in the be accepted if the ratio in dB of the following formulas: field strength of the digital Class A TV (1) Channels 2–6 in Zone I: station at the digital Class A TV station’s protected contour to the field ERPMax = 102.57–33.24*Log10(HAAT) strength resulting from the facilities And, proposed in the TV broadcast station ¥10 dBk ≤ERP ≤20 dBk application fails to meet the D/U signal Max ratios for ‘‘analog TV-into-DTV’’ speci- (2) Channels 2–6 in Zones II and III: fied in §§ 73.623(c)(2) and 73.623(c)(3) of ERPMax = 67.57–17.08* Log10 (HAAT) this part. For digital Class A TV station protection, the TV broadcast sta- And, tion field strength is calculated from 10 dBk ≤ERPMax≤20 dBk the proposed effective radiated power (3) Channels 7–13 in Zone I: and the antenna height above average terrain in pertinent directions using ERPMax = 107.57–33.24* Log10 (HAAT) the methods in § 73.684 of this part and And, using the appropriate F(50,10) chart ¥4.0 dBk ≤ERP ≤25 dBk from Figure 9a, 10a, or 10c of § 73.699 of Max this part. (4) Channels 7–13 in Zones II and III: (i) In cases where a TV broadcast sta- ERPMax = 72.57–17.08* Log10 (HAAT) tion has been authorized facilities that do not meet the interference protection And, requirements of this section, an appli- 15 dBk ≤ERPMax≤25 dBk cation to modify such a station’s facili- (5) Channels 14–69 in Zones I, II, and ties will not be accepted if it is pre- III: dicted to cause new interference within the protected contour of the Class A ERPMax = 84.57–17.08* Log10 (HAAT) TV or digital Class A TV station. And, (j) In support of a request for waiver 27 dBk ≤ERP ≤37 dBk of the interference protection require- Max ments of this section, an applicant for Where: a TV broadcast station may make full ERPMax = Maximum Effective Radiated use of terrain shielding and Longley- Power measured in decibels above 1 kW Rice terrain dependent propagation (dBk). HAAT = Height Above Average Terrain methods to demonstrate that the pro- measured in meters. posed facility would not be likely to cause interference to Class A TV sta- The boundaries specified are to be used tions. Guidance on using the Longely- to determine the maximum possible Rice methodology is provided in OET combination of antenna height and Bulletin No. 69, which is available ERPdBk. When specifying an ERPdBk through the Internet at http:// less than that permitted by the lower

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boundary, any antenna HAAT can be principle community coverage require- used. Also, for values of antenna HAAT ments of § 73.625(a); the Class A TV and greater than 2,300 meters the maximum digital Class A TV protection require- ERP is the lower limit specified for ments in paragraph (f) of this section; each equation. the land mobile protection require- (6) The effective radiated power in ments of § 73.623(e); and the FM radio any horizontal or vertical direction protection requirement of § 73.623(f). may not exceed the maximum values (b) The reference coordinates of a permitted by this section. post-transition DTV allotment shall be (7) The effective radiated power at the authorized transmitter site, or, any angle above the horizontal shall be where such a transmitter site is not as low as the state of the art permits, available for use as a reference point, and in the same vertical plane may not the coordinates as designated in the exceed the effective radiated power in FCC order creating or modifying the either the horizontal direction or below post-transition DTV Table of Allot- the horizontal, whichever is greater. ments. (c) Determination of applicable rules. The zone in which the transmitter of a (c) The protected facilities of a post- television station is located or pro- transition DTV allotment shall be the posed to be located determines the ap- facilities (effective radiated power, an- plicable rules with respect to max- tenna height and antenna directional imum antenna heights and powers for radiation pattern, if any) authorized by VHF stations when the transmitter is a construction permit or license, or, located in Zone I and the channel to be where such an authorization is not employed is located in Zone II, or the available for establishing reference fa- transmitter is located in Zone II and cilities, the facilities designated in the the channel to be employed is located FCC order creating or modifying the in Zone I. post-transition DTV Table of Allot- ments. [28 FR 13660, Dec. 14, 1963, as amended at 42 FR 20823, Apr. 22, 1977; 42 FR 48881, Sept. 26, (d) An application will not be accept- 1977; 47 FR 35990, Aug. 18, 1982; 50 FR 23698, ed if it is predicted to cause inter- June 5, 1985; 56 FR 49707, Oct. 1, 1991; 58 FR ference to more than an additional 0.5 51250, Oct. 1, 1993] percent of the population served by another post-transition DTV station. For § 73.615 Administrative changes in au- this purpose, the population served by thorizations. the station receiving additional inter- In the issuance of television broad- ference does not include portions of the cast station authorizations, the Com- population within the noise-limited mission will specify the transmitter service contour of that station that are output power and effective radiated predicted to receive interference from power to the nearest 0.1 dBk. Power the post-transition DTV allotment fa- specified by kWs shall be obtained by cilities of the applicant or portions of converting dBk to kWs to 3 significant that population receiving masking in- figures. Antenna heights above average terference from any other station. terrain will be specified to the nearest (1) For evaluating compliance with meter. Midway figures will be author- the requirements of this paragraph, in- ized in the lower alternative. terference to populations served is to [50 FR 23698, June 5, 1985] be predicted based on the 2000 census population data and otherwise accord- § 73.616 Post-transition DTV station in- ing to the procedure set forth in OET terference protection. Bulletin No. 69: ‘‘Longley-Rice Method- (a) A petition to add a new channel ology for Evaluating TV Coverage and to the post-transition DTV Table of Al- Interference’’ (February 6, 2004) (incor- lotments contained in § 73.622(i) of this porated by reference, see § 73.8000), in- subpart will not be accepted unless it cluding population served within serv- meets: the DTV-to-DTV geographic ice areas determined in accordance spacing requirements of § 73.623(d) with with § 73.622(e), consideration of wheth- respect to all existing DTV allotments er F(50,10) undesired signals will exceed in the post-transition DTV Table; the the following desired-to-undesired (D/

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U) signal ratios, assumed use of a di- processing, and otherwise according to rectional receiving antenna, and use of the procedure set forth in OET Bulletin the terrain dependent Longley-Rice No. 69: ‘‘Longley-Rice Methodology for point-to-point propagation model. Ap- Evaluating TV Coverage and Inter- plicants may request the use of a cell ference’’ (February 6, 2004) (incor- size other than the default of 2.0 km porated by reference, see § 73.8000), in- per side, but only requests for cell sizes cluding population served within serv- of 1.0 km per side or 0.5 km per side ice areas determined in accordance will be considered. The threshold levels with § 73.622(e), consideration of wheth- at which interference is considered to er F(50,10) undesired signals will exceed occur are: the following desired-to-undesired (D/ (i) For co-channel stations, the D/U U) signal ratios, assumed use of a di- ratio is + 15 dB. This value is only valid at locations where the signal-to-noise rectional receiving antenna, and use of ratio is 28 dB or greater. At the edge of the terrain dependent Longley-Rice the noise-limited service area, where point-to-point propagation model. Ap- the signal-to-noise (S/N) ratio is 16 dB, plicants may request the use of a cell this value is + 23 dB. At locations size other than the default of 2.0 km where the S/N ratio is greater than 16 per side, but only requests for cell sizes dB but less than 28 dB, D/U values are of 1.0 km per side or 0.5 km per side computed from the following formula: will be considered. The threshold levels at which interference is considered to D/U = 15 + 10log [1.0/(1.0¥10¥x/10)] 10 occur are: Where x = S/N–15.19 (minimum signal to (2) Interference is predicted to occur noise ratio) if the ratio in dB of the field strength (ii) For interference from a lower of a digital Class A TV station at its first-adjacent channel, the D/U ratio is protected contour to the field strength ¥28 dB. resulting from the facilities proposed (iii) For interference from an upper in the DTV application (calculated first-adjacent channel, the D/U ratio is using the appropriate F(50,10) chart ¥26 dB. from Figure 9a, 10a, or 10c of § 73.699) (2) Due to the frequency spacing that fails to meet the D/U signal ratios spec- exists between Channels 4 and 5, be- ified in paragraph (e) of this section. tween Channels 6 and 7, and between (3) In support of a request for waiver Channels 13 and 14, the minimum adja- of the interference protection require- cent channel technical criteria speci- ments of this section, an applicant for fied in this section shall not be applica- a post-transition DTV broadcast stable to these pairs of channels (see tion may make full use of terrain § 73.603(a)). shielding and Longley-Rice terrain de- (e) A petition to add a new channel to pendent propagation methods to dem- the post-transition DTV Table or a onstrate that the proposed facility post-transition DTV station applica- would not be likely to cause inter- tion that proposes to expand its allotted or authorized coverage area in any ference to Class A TV stations. Guid- direction will not be accepted if it is ance on using the Longley-Rice meth- predicted to cause interference to a odology is provided in OET Bulletin Class A TV station or to a digital Class No. 69, which is available through the A TV station authorized pursuant to Internet at http://www.fcc.gov/oet/info/ subpart J of this part, within the pro- documents/bulletins/#69. tected contour defined in § 73.6010. (f) [Reserved] (1) For evaluating compliance with (g) The interference protection re- the requirements of this paragraph, in- quirements contained in this section terference to populations served is to apply to television station operations be predicted based on the most recent under both the DTV transmission official decennial U.S. Census popu- standard in § 73.682(d) and the Next Gen lation data as identified by the Media TV transmission standard in § 73.682(f). Bureau in a Public Notice issued not less than 60 days prior to use of the [73 FR 5682, Jan. 30, 2008, as amended at 83 data for a specific year in application FR 5021, Feb. 2, 2018; 83 FR 5544, Feb. 8, 2018]

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§ 73.621 Noncommercial educational the furnishing of the program and the TV stations. costs incidental to its production and In addition to the other provisions of broadcast are received by the licensee. this subpart, the following shall be ap- The payment of line charges by an- plicable to noncommercial educational other station, network, or someone television broadcast stations: other than the licensee of a non- (a) Except as provided in paragraph commercial educational television sta- (b) of this section, noncommercial edu- tion, or general contributions to the cational broadcast stations will be li- operating costs of a station, shall not censed only to nonprofit educational be considered as being prohibited by organizations upon a showing that the this paragraph. proposed stations will be used pri- (e) Each station shall furnish a non- marily to serve the educational needs profit and noncommercial broadcast of the community; for the advance- service. Noncommercial educational ment of educational programs; and to television stations shall be subject to furnish a nonprofit and noncommercial the provisions of § 73.1212 to the extent television broadcast service. that they are applicable to the broad- (1) In determining the eligibility of cast of programs produced by, or at the publicly supported educational organi- expense of, or furnished by others. No zations, the accreditation of their re- promotional announcements on behalf of spective state departments of edu- for profit entities shall be broadcast at cation shall be taken into consider- any time in exchange for the receipt, in ation. whole or in part, of consideration to (2) In determining the eligibility of the licensee, its principals, or employ- privately controlled educational orga- ees. However, acknowledgements of nizations, the accreditation of state de- contributions can be made. The sched- partments of education or recognized uling of any announcements and ac- regional and national educational acknowledgements may not interrupt reg- crediting organizations shall be taken ular programming, except as permitted into consideration. under paragraph (f) of this section. (b) Where a municipality or other po- NOTE TO PARAGRAPH (e): Commission inter- litical subdivision has no independ- pretation of this rule, including the accept- ently constituted educational organiza- able form of acknowledgements, may be tion such as, for example, a board of found in the Second Report and Order in education having autonomy with re- Docket No. 21136 (Commission Policy Con- cerning the Noncommercial Nature of Edu- spect to carrying out the municipal- cational Broadcast Stations), 86 F.C.C. 2d 141 ity’s educational program, such mu- (1981); the Memorandum Opinion and Order in nicipality shall be eligible for a non- Docket No. 21136, 90 FCC 2d 895 (1982); the commercial educational television Memorandum Opinion and Order in Docket broadcast station. In such cir- 21136, 49 FR 13534, April 5, 1984; and the Re- cumstances, a full and detailed show- port and Order in Docket No. 12–106 (Non- ing must be made that a grant of the commercial Educational Station Fund- application will be consistent with the raising for Third-Party Non-Profit Organiza- tions), FCC 17–41, April 20, 2017. intent and purpose of the Commission’s rules and regulations relating to such (f) A noncommercial educational tel- stations. evision station may interrupt regular (c) Noncommercial educational tele- programming to conduct fundraising vision broadcast stations may transmit activities on behalf of a third-party educational, cultural and entertain- non-profit organization, provided that ment programs, and programs designed all such fundraising activities con- for use by schools and school systems ducted during any given year do not in connection with regular school exceed one percent of the station’s courses, as well as routine and admin- total annual airtime. A station may istrative material pertaining thereto. use the prior year’s total airtime for (d) A noncommercial educational tel- purposes of determining how many evision station may broadcast pro- hours constitute one percent of its grams produced by or at the expense of, total annual airtime. With respect to or furnished by persons other than the stations that multicast programming licensee, if no other consideration than on two or more separate channels, the

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one-percent annual limit will apply tions, including the provision of ancil- separately to each individual program- lary or supplementary services. ming stream. For purposes of this paragraph, a non-profit organization is an [28 FR 13660, Dec. 14, 1963, as amended at 35 FR 7558, May 15, 1970; 47 FR 36179, Aug. 19, entity that qualifies as a non-profit or- 1982; 48 FR 27068, June 13, 1983; 49 FR 29069, ganization under 26 U.S.C. 501(c)(3). July 18, 1984; 50 FR 4664, Feb. 1, 1985; 50 FR (1) Audience disclosure. A noncommer- 4684, Feb. 1, 1985; 61 FR 36304, July 10, 1996; 65 cial educational television station that FR 36378, June 8, 2000; 66 FR 58982, Nov. 26, interrupts regular programming to 2001; 82 FR 21135, May 5, 2017] conduct fundraising activities on behalf of a third-party non-profit organi- § 73.622 Digital television table of al- zation must air a disclosure during lotments. such activities clearly stating that the (a) General. The following table of al- fundraiser is not for the benefit of the lotments contains the digital tele- station itself and identifying the entity vision (DTV) channel allotments des- for which it is fundraising. The station ignated for the listed communities in must air the audience disclosure at the the United States, its Territories, and beginning and the end of each fund- possessions. The initial DTV Table of raising program and at least once dur- Allotments was established on April 3, ing each hour in which the program is 1997, to provide a second channel for on the air. DTV service for all eligible analog tele- (2) Reimbursement. A noncommercial vision broadcasters. Requests for addi- educational television station that tion of new DTV allotments, or re- interrupts regular programming to quests to change the channels allotted conduct fundraising activities on be- to a community must be made in a pe- half of a third-party non-profit organi- tition for rule making to amend the zation may accept reimbursement of DTV Table of Allotments. A request to expenses incurred in conducting third- amend the DTV table to change the party fundraising activities or airing channel of an allotment in the DTV third-party fundraising programs. table will be evaluated for technical (3) Exemption. No noncommercial acceptability using engineering cri- educational television station that re- teria set forth in § 73.623(c). A request ceives funding from the Corporation for to amend the DTV table to add a new Public Broadcasting shall have the au- allotment will be evaluated for tech- thority to interrupt regular program- nical acceptability using the geo- ming to conduct fundraising activities graphic spacing criteria set forth in on behalf of a third-party non-profit or- § 73.623(d). DTV allotments designated ganization. with an asterisk are assigned for use by (g) Telecommunications Service on non-commercial educational broadcast the Vertical Blanking Interval and in stations only. Stations operating on the Visual Signal. The provisions gov- DTV allotments designated with a ‘‘c’’ erning VBI and visual signal tele- are required to comply with paragraph communications service in § 73.646 are (g) of this section. Rules governing applicable to noncommercial edu- noncommercial educational TV sta- cational TV stations. tions are contained in § 73.621. Where (h) Non-program related data signals there is only one technically available transmitted on Line 21 pursuant to channel available in a community, an § 73.682(a)(22)(ii) may be used for remu- entity that would be eligible to operate nerative purposes. a noncommercial educational broad- (i) Mutually exclusive applications cast station may, prior to application, for noncommercial educational TV sta- initiate a rulemaking proceeding re- tions operating on reserved channels questing that an unoccupied or new shall be resolved pursuant to the point channel in the community be changed system in subpart K. or added as reserved only for non- (j) With respect to the provision of commercial educational broadcasting advanced television services, the re- upon demonstrating that the non- quirements of this section will apply to commercial educational proponent the entire digital bitstream of non- would provide a first or second noncommercial educational television sta- commercial educational TV service to

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2,000 or more people who constitute ARKANSAS—Continued 10% of the population within the proposed allocation’s noise limited con- Community Channel No. tour. El Dorado ...... *12, 27 (1) Petitions requesting the addition Fayetteville ...... *9, 15 of a new allotment must specify a Fort Smith ...... 18, 21, 27 Hot Springs ...... 14 channel in the range of channels 2–51. Jonesboro ...... 9c, *20c, 49c (2) Petitions requesting a change in Little Rock ...... *5, 12c, 22, 30, 32, 44 the channel of an initial allotment Mountain View ...... *13 Newark ...... *27 must specify a channel in the range of Pine Bluff ...... 24, 39c channels 2–58. Rogers ...... 50 (b) DTV Table of Allotments. Springdale ...... 39

ALABAMA CALIFORNIA

Community Channel No. Community Channel No.

Anniston ...... 9 Anaheim ...... 32 Bessemer ...... 18c Arcata ...... 22 Birmingham ...... 30, 36, 50, 52, *53 Avalon ...... 47c Demopolis ...... *19 Bakersfield ...... 10, 25, 33, 55 Dothan ...... 21, 36 Barstow ...... 44 Dozier ...... *11 Blythe ...... *4 Florence ...... 14, 20, *22 Calipatria ...... 50 Gadsden ...... 26, 45c Ceres ...... *15c Homewood ...... 28 Huntsville ...... *24, 32c, 41, 49c, 59 Chico ...... 36, 43 Louisville ...... *44c Clovis ...... 44c Mobile ...... 9, 18, 20, 27, *41, 47 Coalinga ...... *22 Montgomery ...... 14, 16, *27, 46c, 51 Concord ...... 63c Mount Cheaha ...... *56 Corona ...... 39 Opelika ...... 31 Cotati ...... *23c Ozark ...... 33 El Centro ...... 22, 48 Selma ...... 55 Eureka ...... *11, 16, 17, 28 Troy ...... 48 Fort Bragg ...... 15 Tuscaloosa ...... 5 Fresno ...... 7, 9, 34, 38, *40 Tuskegee ...... 24 Hanford ...... 20 Huntington Beach ...... *48 Long Beach ...... 61c ALASKA Los Angeles ...... 31c, 35c, 36, *41c, 42, 43, 53c, *59c, 60, 65c, 66 Community Channel No. Merced ...... 5 Modesto ...... 18 Anchorage ...... 6c, *8c, 10c, 12c, 20, *26, 28, 32 Monterey ...... 31, 32 Bethel ...... *3 Novato ...... 47 Dillingham ...... *9 Oakland ...... 56 Fairbanks ...... 18, 22, *24, 26, 28 Ontario ...... 29c Juneau ...... *10, 11 Oxnard ...... 24 Ketchikan ...... *8, 13 Palm Springs ...... 46, 52 North Pole ...... 20 Paradise ...... 20 Sitka ...... 2 Porterville ...... 48 Rancho Palos Verdes 51c Redding ...... *18, 34 RIZONA A Riverside ...... 68 Sacramento ...... 21, 35, *43, 48, *53, 55, 61 Community Channel No. Salinas ...... 10, 13 Flagstaff ...... 18, 22, 27, 32 San Bernardino ...... *26, 38 Green Valley ...... 47c San Diego ...... 18, 19, 25, *30, 40c, 55 Kingman ...... 19, *46 San Francisco ...... 19, 24, 27c, 29, *30, *33c, 39c, 45c, Mesa ...... 36 51, 57 Phoenix ...... 17, 20, 24, 26, *29, 31, 34c, 49, 56 San Jose ...... 12c, 41, 49c, *50, 52 Prescott ...... 25 San Luis Obispo ...... 15, 34c Sierra Vista ...... 44 San Mateo ...... *43 Tolleson ...... 52c Sanger ...... 36 Tucson ...... 19c, 23, 25, *28c, *30, 32, 35, 42 Santa Ana ...... 23c Yuma ...... 16, 41 Santa Barbara ...... 21, 27 Santa Maria ...... 19 Santa Rosa ...... 54 ARKANSAS Stockton ...... 25, 46, 62 Twentynine Palms ..... 23 Community Channel No. Vallejo ...... 34 Ventura ...... 49 Arkadelphia ...... *13 Visalia ...... 28, *50c

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CALIFORNIA—Continued FLORIDA—Continued

Community Channel No. Community Channel No.

Watsonville ...... *58 Gainesville ...... 16, *36 High Springs ...... 28 Hollywood ...... 47 COLORADO Jacksonville ...... 13c, 19, 32, 34, *38, 42, *44 Key West ...... 3, 12 Community Channel No. Lake Worth ...... 36 Lakeland ...... 19 Boulder ...... 15c Leesburg ...... 40, *46c Broomfield ...... *38 Live Oak ...... 48 Castle Rock ...... 45 Marathon ...... *34 Colorado Springs ...... 10, 22c, 24 Melbourne ...... 20, 48 Craig ...... *48 Miami ...... 8c, 9, *18c, 19, *20, 22, 24c, 26, 31, Denver ...... 16, 17, *18, 19, 32c, 34, 35, *40, 43, 32, 46c 51c Naples ...... 41, 45 Durango ...... 15 New Smyrna Beach ... *33 Fort Collins ...... 21 Ocala ...... 31 Glenwood Springs ..... 23, *39 Orange Park ...... 10 Grand Junction ...... 2, 7, 12c, 15, *17 Orlando ...... 14, 22, *23, 39, 41, 58 Greeley ...... 45 Palm Beach ...... 49 La Junta ...... *30 Panama City ...... 8, 9, 19, *38 Lamar ...... *50 Panama City Beach ... 47c Leadville ...... *49 Pensacola ...... 17, *31, 34c, 45c Longmont ...... 29 Sarasota ...... 52 Montrose ...... 13 St. Petersburg ...... 24, 57, 59 Pueblo ...... *26, 42 Tallahassee ...... 2, 22, *32 Steamboat Springs .... 10 Tampa ...... 7, 12, 29c, *34, 47, *54 Sterling ...... 23 Tequesta ...... 16 Tice ...... 33 CONNECTICUT Venice ...... 25 West Palm Beach ...... 13c, *27, 28, 55 Community Channel No. EORGIA Bridgeport ...... 42, *52 G Hartford ...... 31, *32, 33, 46 Community Channel No. New Britain ...... 35 New Haven ...... 6, 10, *39 Albany ...... 12, 17 New London ...... 34 Athens ...... *12c, 48 Norwich ...... *45 Atlanta ...... 10, 19, 20, *21, 25, 27, 39, *41, 43 Waterbury ...... 12 Augusta ...... 30, 31, 42, 51 Bainbridge ...... 50c DELAWARE Baxley ...... 35c Brunswick ...... 24 Community Channel No. Chatsworth ...... *33 Cochran ...... *7 Seaford ...... *44 Columbus ...... 15, *23, 35, 47, 9 Wilmington ...... 31, *55 Cordele ...... 51 Dalton ...... 16 Dawson ...... *8 DISTRICT OF COLUMBIA Macon ...... 4, 16, 40, 45 Monroe ...... 44 Community Channel No. Pelham ...... *5 Perry ...... 32 Washington ...... *27c, *33c, 34, 35, 36, 39, 48, 51c Rome ...... 51 Savannah ...... *13, 15, 23c, 39 Thomasville ...... 46 FLORIDA Toccoa ...... 24 Valdosta ...... 43 Community Channel No. Waycross ...... *9c Wrens ...... *2 Apalachicola ...... 3 Boca Raton ...... *40 Bradenton ...... *5, 42 HAWAII Cape Coral ...... 35 Clearwater ...... 21 Community Channel No. Clermont ...... 17 Cocoa ...... *30, 53c Hilo ...... 8, 18, *19, 21, 22, 23, *31, *39c Daytona Beach ...... 11, 49 Honolulu ...... 8, *10c, *18, 19, 22, 23, 27c, 31, Fort Lauderdale ...... 52c 33c, 35, 40, *43 Fort Myers ...... 9, 15, *31c Kailua Kona ...... 25 Fort Pierce ...... *38, 50 Kaneohe ...... 41 Fort Walton Beach ..... 40, 49, 50 Lihue ...... *7, *12, *28c, *45

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HAWAII—Continued IOWA

Community Channel No. Community Channel No.

Wailuku ...... 16c, 24, *28c, 29, *30, *34c, 36, 45 Ames ...... 59 Burlington ...... 41 Cedar Rapids ...... 27, 47, 51, 52 IDAHO Centerville ...... *44 Council Bluffs ...... *33c Community Channel No. Davenport ...... *34, 49, 56 Des Moines ...... 16, 19, 26, 31, *50, 56 Boise ...... *21, 26, 28 Dubuque ...... 43 Burley ...... *48 Fort Dodge ...... *25 Caldwell ...... 10c Iowa City ...... 25, *45 Coeur D’alene ...... *45 Mason City ...... *18, 42 Filer ...... *18 Ottumwa ...... 14 Idaho Falls ...... 9c, 36 Red Oak ...... *35 Lewiston ...... 32 Sioux City ...... *28c, 30, 39, 41, 49 Moscow ...... *12 Waterloo ...... *35, 55 Nampa ...... 13c, 24 Pocatello ...... *17, 23 Twin Falls ...... 16, *22, 34 KANSAS Weiser ...... *34 Community Channel No.

ILLINOIS Colby ...... 17, *19 Derby ...... 46 Community Channel No. Ensign ...... 5 Fort Scott ...... 40 Aurora ...... 59 Garden City ...... 16, 18, *42 Bloomington ...... 28 Goodland ...... 14 Carbondale ...... *40 Great Bend ...... 22 Champaign ...... 41, 48 Hays ...... *16, 20 Charleston ...... *50 Hutchinson ...... 19, *29, 35 Chicago ...... 3c, 19, *21c, 27c, 29, 31, 43, 45c, Lakin ...... *8 *47, 52 Lawrence ...... 36 Decatur ...... 18c, 22 Oakley ...... *40 East St. Louis ...... 47c Pittsburg ...... 13 Freeport ...... 41 Salina ...... 17 Harrisburg ...... 34 Topeka ...... *23, 28c, 44, 48 Jacksonville ...... *15c Wichita ...... 21, 26, 31, 45 Joliet ...... 53 Lasalle ...... 10 Macomb ...... *21 KENTUCKY Marion ...... 17 Moline ...... *23, 38 Community Channel No. Mount Vernon ...... 21 Olney ...... *19 Ashland ...... *26c, 44 Peoria ...... 30, 39, 40, *46, 57 Beattyville ...... 7 Quincy ...... 32, *34, 54 Bowling Green ...... 16, *18, 33, *48 Rock Island ...... 58 Campbellsville ...... 19 Rockford ...... 16, 42, 54 Covington ...... *24 Springfield ...... 36, 42, 44, 53 Danville ...... 4 Urbana ...... *9, 26 Elizabethtown ...... *43 Harlan ...... 51 INDIANA Hazard ...... 12, *16 Lexington ...... 13, 39, 40, *42 Community Channel No. Louisville ...... 8, *17, 26, *38, 47, 49, 55 Madisonville ...... 20c, *42 Angola ...... 12 Morehead ...... *15, 21 Bloomington ...... *14, 27, 48, 56 Murray ...... *36 Elkhart ...... 58 Newport ...... 29 Evansville ...... *12, 28, 45c, 46, 59 Owensboro ...... 30 Fort Wayne ...... 19, 24, 31, 36, *40c Owenton ...... *44 Gary ...... *17, 51c Paducah ...... 32, 41, 50c Hammond ...... 36 Pikeville ...... *24 Indianapolis ...... 9c, 16, *21c, 25, *44, 45, 46 Somerset ...... *14 Kokomo ...... 54 Lafayette ...... 11 Marion ...... 32 LOUISIANA Muncie ...... 52 Richmond ...... 39 Community Channel No. Salem ...... 51 South Bend ...... 30, *35c, 42, 48 Alexandria ...... *26c, 32c, 35 Terre Haute ...... 24, 36, 39c Baton Rouge ...... 13, *25, 34c, 45c, 46 Vincennes ...... *52 Columbia ...... 57 Hammond ...... 42

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LOUISIANA—Continued MICHIGAN—Continued

Community Channel No. Community Channel No.

Lafayette ...... 16c, *23, 28, 56 Manistee ...... *58 Lake Charles ...... 8c,*20, 30c Marquette ...... *33, 3 Monroe ...... 7, *19 Mount Clemens ...... 39c New Orleans ...... *11, 15, 21c, 29, *31, 36, 40, 43, 50c Mount Pleasant ...... *56 Shreveport ...... 17, *25c, 28, 34c, 44 Muskegon ...... 24 Slidell ...... 24 Onondaga ...... 57 West Monroe ...... 36, 38 Saginaw ...... 30, 48 Sault Ste. Marie ...... 9c, 49 Traverse City ...... *23, 31, 50 MAINE University Center ...... *18 Vanderbilt ...... 59 Community Channel No.

Augusta ...... *17 MINNESOTA Bangor ...... 14, 19, 25 Biddeford ...... *45 Community Channel No. Calais ...... *10 Lewiston ...... 28 Alexandria ...... 24, 36 Orono ...... *9 Appleton ...... *31 Poland Spring ...... 46 Austin ...... *20, 33 Portland ...... 38, 43, 44 Bemidji ...... *18 Presque Isle ...... 16, *20 Brainerd ...... *28 Crookston ...... *16 Duluth ...... 17, 33, *38, 43 MARYLAND Hibbing ...... *31, 36, *51 Mankato ...... 38 Community Channel No. Minneapolis ...... 21, 22, *26, 32, 35, *44 Redwood Falls ...... 27 Annapolis ...... *42 Rochester ...... 36, 46 Baltimore ...... *29, 38, 40, 41, 46c, 52, 59 St. Cloud ...... 40 Frederick ...... *28 St. Paul ...... *16, *34, 50 Hagerstown ...... 16, *44, 55 Thief River Falls ...... 32 Oakland ...... *54 Walker ...... 20 Salisbury ...... 21, 53, *56 Worthington ...... *15

MASSACHUSETTS MISSISSIPPI

Community Channel No. Community Channel No.

Adams ...... 36 Biloxi ...... *16, 39 Boston ...... *19, 20, 30, 31, 32, 39c, 42, *43 Booneville ...... *55 Cambridge ...... 41 Bude ...... *18c Lawrence ...... 18 Columbus ...... 35 Marlborough ...... 23 Greenville ...... 17 New Bedford ...... 22, 49 Greenwood ...... *25, 32 Norwell ...... 52 Gulfport ...... 48 Springfield ...... 11, 55, *58c Hattiesburg ...... 58 Vineyard Haven ...... 40 Holly Springs ...... 41c Worcester ...... 29, *47 Jackson ...... 9, *20, 21, 41c, 52 Laurel ...... 28 Meridian ...... 26, 31c, *44, 49 MICHIGAN Mississippi State ...... *10 Natchez ...... 49c Community Channel No. Oxford ...... *36 Tupelo ...... 57 Alpena ...... 13, *57 West Point ...... 16 Ann Arbor ...... 33 Bad Axe ...... *15 Battle Creek ...... 20, 44c MISSOURI Bay City ...... 22 Cadillac ...... *17, 40, 47 Community Channel No. Calumet ...... 11 Cheboygan ...... 35 Birch Tree ...... *7 Detroit ...... 14, 21c, 41, *43, 44, 45, 58 Bowling Green ...... *50 East Lansing ...... *55 Cape Girardeau ...... 22, 57 Escanaba ...... 48 Columbia ...... 22, 36 Flint ...... 16, 36, *52 Hannibal ...... 29 Grand Rapids ...... 7, *11, 19, 39 Jefferson City ...... 12, 20 Iron Mountain ...... 22 Joplin ...... *25, 43, 46 Jackson ...... 34 Kansas City ...... 7, *18, 24, 31, 34, 42c, 47, 51c Kalamazoo ...... 2, *5, 45 Kirksville ...... 33 Lansing ...... 38, 51, 59 Poplar Bluff ...... 18

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MISSOURI—Continued NEW JERSEY

Community Channel No. Community Channel No.

Sedalia ...... 15 Atlantic City ...... 44, 49 Springfield ...... 19, *23, 28c, 44, 52 Burlington ...... 27 St. Joseph ...... 21, 53 Camden ...... *22 St. Louis ...... 14, 26, 31c, 35, *39, 43, 56 Linden ...... 36 Montclair ...... *51c New Brunswick ...... *18 MONTANA Newark ...... 53c, 61 Newton ...... 8c Paterson ...... 40 Community Channel No. Secaucus ...... 38 Trenton ...... *43 Billings ...... 10, 11, *16, 18 Vineland ...... 66c Bozeman ...... *8, 13 West Milford ...... *29 Butte ...... 5, 19c, 33 Wildwood ...... 36 Glendive ...... 10 Great Falls ...... 7, 8, *21, 45 Hardin ...... 22 NEW MEXICO Helena ...... 14, 29 Kalispell ...... 38, *46 Community Channel No. Miles City ...... 13, *39 Missoula ...... 7, *27, 36, 40 Albuquerque ...... 16, *17, 21, 24c, 26, *35, 42c, 45 Carlsbad ...... 19 Clovis ...... 20 NEBRASKA Farmington ...... 8, 17 Hobbs ...... 16, *47 Community Channel No. Las Cruces ...... *23c, 47 Portales ...... *32 Albion ...... 23 Roswell ...... 28c, *31, 38, 41 Alliance ...... *24 Santa Fe ...... 10, 27, 29 Silver City ...... 12, *33 Bassett ...... *15 Socorro ...... *31 Grand Island ...... 19, 32 Hastings ...... 21, *28 Hayes Center ...... 18 NEW YORK Kearney ...... 36 Lexington ...... *26 Community Channel No. Lincoln ...... 25, 31, *40 McCook ...... 12 Albany ...... 7, 12, 26 Merriman ...... *17 Amsterdam ...... 50 Norfolk ...... *16 Batavia ...... 53 North Platte ...... *16, 22 Binghamton ...... 4, 7, 8, *42 Omaha ...... *17, 20, 22, 38, 43c, 45 Buffalo ...... 14, *32, 33, 34, 38, 39, *43 Scottsbluff ...... 7, 29 Carthage ...... 35 Superior ...... 34 Corning ...... 50 Elmira ...... 2, 55 Garden City ...... *22c NEVADA Jamestown ...... 27c Kingston ...... 48 Community Channel No. New York ...... *24, 28, 30, 33, 44, 45, 56 North Pole ...... 14 Elko ...... 8, *15 Norwood ...... *23 Plattsburgh ...... *38 Henderson ...... 9 Poughkeepsie ...... 27 Las Vegas ...... 2, 7, *11c, 12, 16c, 22c, 29 Riverhead ...... 57 Laughlin ...... 32 Rochester ...... *16, 28, 45, 58, 59 Paradise ...... 40c Schenectady ...... *34, 39, 43 Reno ...... 7, 9c, 13, *15, 20, 22c, 26, 44 Smithtown ...... 23 Winnemucca ...... 12 Springville ...... 46 Syracuse ...... 17, 19, *25c, 44c, 47, 54 Utica ...... 27, 29, 30 NEW HAMPSHIRE Watertown ...... 21, *41

Community Channel No. NORTH CAROLINA Berlin ...... *15 Concord ...... 33 Community Channel No. Derry ...... 35 Durham ...... *57 Asheville ...... *25, 45, 56, 57 Keene ...... *49 Belmont ...... 47c Littleton ...... *48 Burlington ...... 14 Manchester ...... 59 Chapel Hill ...... *59 Merrimack ...... 34 Charlotte ...... *11, 22, 23, 27, 34 Concord ...... *44

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NORTH CAROLINA—Continued OKLAHOMA

Community Channel No. Community Channel No.

Durham ...... 27, 52 Ada ...... 26 Edenton ...... *20 Bartlesville ...... 15 Fayetteville ...... 36, 38 Cheyenne ...... *8 Goldsboro ...... 55 Claremore ...... *36c Greensboro ...... 33, 43, 51 Enid ...... 18 Greenville ...... 10c, 21, *23 Eufaula ...... *31 Hickory ...... 40 Guymon ...... *29 Lawton ...... 11 High Point ...... 35 Oklahoma City ...... 7, 15c, 24, 27, *32, 33, 39, 40, 50, Jacksonville ...... *18, 34 51 Kannapolis ...... 50 Okmulgee ...... 28 Lexington ...... 19 Shawnee ...... 29 Linville ...... *54 Tulsa ...... 10, 22, *26, *38, 42c, 48c, 49, 55, 56 Lumberton ...... *25 Morehead City ...... 24 New Bern ...... 48 OREGON Raleigh ...... 49, 53, 57 Roanoke Rapids ...... *39 Community Channel No. Rocky Mount ...... 15 Washington ...... 32 Bend ...... *11, 18 Wilmington ...... *29, 30, 44, 46 Coos Bay ...... 21, 22 Wilson ...... 42 Corvallis ...... *39 Winston-Salem ...... 29, 31, *32 Eugene ...... 17c, 25, *29c, 31, 44 Klamath Falls ...... 13, 29, *33, La Grande ...... *5 NORTH DAKOTA Medford ...... 15, 27c, 35, 38, *42 Pendleton ...... 8 Portland ...... *27, 30, 40, 43, 45, 6 Community Channel No. Roseburg ...... 18, 19, 45 Salem ...... 4, 33c Bismarck ...... 16, *22, 23, 31 Devils Lake ...... *25, 59 Dickinson ...... 18, 19, *20 PENNSYLVANIA Ellendale ...... *20c Fargo ...... 19, 21, *23, 44 Community Channel No. Grand Forks ...... *56 Jamestown ...... 18 Allentown ...... 46, *62 Minot ...... 15c, *40, 45, 58 Altoona ...... 24c, 32, 46 Pembina ...... 15 Bethlehem ...... 9 Valley City ...... 38 Clearfield ...... *15 Williston ...... 14, *51, 52 Erie ...... 16, 22, *50, 52, 58 Greensburg ...... 50 Harrisburg ...... 4, 10, *36 OHIO Hazleton ...... 45c Jeannette ...... 49 Community Channel No. Johnstown ...... 29, 34 Lancaster ...... 23, 58 Akron ...... 30, *50c, 59 Philadelphia ...... 26, 32, *34, 42, 54, 64, 67 Alliance ...... *46c Pittsburgh ...... 25, 26, *38, 42, 43, 48, 51 Athens ...... *27 Reading ...... 25 Bowling Green ...... *56 Red Lion ...... 30 Cambridge ...... *35 Scranton ...... 13, 31, 32, *41, 49 Canton ...... 39, 47 Wilkes-Barre ...... 11 Williamsport ...... 29 Chillicothe ...... 46 York ...... 47 Cincinnati ...... 10c, 31, 33, *34, 35 Cleveland ...... 2, 15, *26c, 31, 34 Columbus ...... 13, 14, 21, 36, *38 RHODE ISLAND Dayton ...... 30, 41, 50, 51, *58 Lima ...... 8, 47 Community Channel No. Lorain ...... 28 Mansfield ...... 12 Block Island ...... 17 Newark ...... 24 Providence ...... 13c, *21, 51, 54c Oxford ...... *28 Portsmouth ...... 17, *43c Sandusky ...... 42 SOUTH CAROLINA Shaker Heights ...... 10 Springfield ...... 18 Community Channel No. Steubenville ...... 57 Toledo ...... 5, 17, 19, *29, 46, 49 Allendale ...... *33 Youngstown ...... 20, 36, 41 Anderson ...... 14 Beaufort ...... *44 Zanesville ...... 40 Charleston ...... 34, 35, 40, 47, *49, 50

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SOUTH CAROLINA—Continued TEXAS—Continued

Community Channel No. Community Channel No.

Columbia ...... 8, 17, *32, 41, 48 Corpus Christi ...... 8, 13, 18, *23, 27 Conway ...... *9 Dallas ...... 9c, *14, 32, 35, 36, 40c, 45 Florence ...... 16c, 20, *45, 56 Decatur ...... 30c Georgetown ...... *38 Del Rio ...... 28 Greenville ...... *9, 35, 57, 59 Denton ...... *43 Greenwood ...... *18 Eagle Pass ...... 18 Hardeeville ...... 27 El Paso ...... 15c, 16, 17, 18, 25, *30, *39c, 51 Myrtle Beach ...... 18 Fort Worth ...... 18, 19, 41, 51 Rock Hill ...... 15, 39 Galveston ...... *23c, 48c Spartanburg ...... 43, 53 Garland ...... 24c Sumter ...... *28c, 39 Greenville ...... 46 Harlingen ...... 31, *34, 38 Houston ...... *9c, 19, *24, 27c, 31, 32, 35, 38, 44 SOUTH DAKOTA Irving ...... 48 Jacksonville ...... 22 Community Channel No. Katy ...... 52c Kerrville ...... 32 Aberdeen ...... *17c, 28 Killeen ...... 13 Brookings ...... *18 Lake Dallas ...... 54 Eagle Butte ...... *25 Laredo ...... 15, 19, 31 Florence ...... 2 Llano ...... 27 Huron ...... 22 Longview ...... 31 Lead ...... 10, 29 Lubbock ...... 9, 25, 27, 35c, *39, 40 Lowry ...... *15 Lufkin ...... 11 Martin ...... *23 McAllen ...... 49 Mitchell ...... 26 Midland ...... 26 Pierre ...... 19, *21 Nacogdoches ...... 18 Rapid City ...... 2, 16c, 18, *26 Odessa ...... 13, 23, 31, *38, 43c Reliance ...... 13 Port Arthur ...... 40 Sioux Falls ...... 7, *24c, 29, 32, 47c, 51 Rio Grande City ...... 20 Vermillion ...... *34 Rosenberg ...... 46c San Angelo ...... 11, 16, 19 San Antonio ...... *8, *16, 30c, 38, 39, 48, 55, 58 TENNESSEE Sherman ...... 20 Snyder ...... 10 Community Channel No. Sweetwater ...... 20 Temple ...... 9 Chattanooga ...... 13, *29, 35, 40, 47 Texarkana ...... 15, *50 Cleveland ...... 42 Tyler ...... 10 Cookeville ...... 36, *52 Victoria ...... 11, 15 Crossville ...... 50 Waco ...... *20, 26c, 53, 57 Greeneville ...... 38 Weslaco ...... 13 Hendersonville ...... 51c Wichita Falls ...... 15, 22, 28 Jackson ...... 39, 43 Jellico ...... 23 Johnson City ...... 58 UTAH Kingsport ...... 27 Knoxville ...... 7, *17, 26, 30, 31, 34 Community Channel No. Lebanon ...... 44 Lexington ...... *47 Cedar City ...... 14, 44 Memphis ...... 25c, 28, *29, 31c, 51c, 52, 53 Monticello ...... *41 Murfreesboro ...... 38 Ogden ...... 29, *34 Nashville ...... 10, 15, 21, 23, 27, *46, 56 Provo ...... 17c, *39 Sneedville ...... *41 Salt Lake City ...... 27, 28, 35, 38, 40, *42 St. George ...... 9 TEXAS VERMONT Community Channel No. Community Channel No. Abilene ...... 24, 29 Alvin ...... 36 Burlington ...... 13, *32, 43, 53 Amarillo ...... *8c, 9, 15c, 19, 23 Hartford ...... 25 Arlington ...... 42 Rutland ...... *9 Austin ...... 21, *22, 33, 43c, 49, 56 St. Johnsbury ...... *18 Baytown ...... 41 Windsor ...... *24 Beaumont ...... 21, *33, 50 Belton ...... 38 Big Spring ...... 33 VIRGINIA Brownsville ...... 24c Bryan ...... 29c, 50 Community Channel No. College Station ...... *12 Conroe ...... 5, 42 Arlington ...... 15c

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VIRGINIA—Continued WISCONSIN—Continued

Community Channel No. Community Channel No.

Ashland ...... 47 Janesville ...... 32 Bristol ...... 28 Kenosha ...... 40 Charlottesville ...... 32, *46 La Crosse ...... 14, 17, *30, 41 Danville ...... 41 Madison ...... 11, 19, *20, 26, 50 Fairfax ...... *57c Manitowoc ...... 19 Front Royal ...... *21 Mayville ...... 43 Goldvein ...... *30 Menomonie ...... *27 Grundy ...... 49 Milwaukee ...... *8, 22, 25c, 28, 33, 34, *35, 46, 61 Hampton ...... 41 Park Falls ...... *47 Hampton-Norfolk ...... *16c Racine ...... 48 Harrisonburg ...... 49 Rhinelander ...... 16 Lynchburg ...... 20, 34 Superior ...... 19 Manassas ...... 43c Suring ...... 21 Marion ...... *42 Wausau ...... *24, 29, 40 Norfolk ...... 38, 40, 46, Norton ...... *32 Petersburg ...... 22 WYOMING Portsmouth ...... 31, 50 Richmond ...... *24c, 25, 26, *42, *44, 54 Community Channel No. Roanoke ...... *3, 17, 18, 30, 36 Staunton ...... *11 Casper ...... 15c, 17, 18 Virginia Beach ...... 29 Cheyenne ...... 11, 28c, 30 Jackson ...... 4 Lander ...... 7, *8 WASHINGTON Rawlins ...... 9 Riverton ...... 16 Community Channel No. Rock Springs ...... 21 Sheridan ...... 13 Bellevue ...... 32, 50 Bellingham ...... 19, 35 Centralia ...... *19 GUAM Everett ...... 31 Kennewick ...... 44 Community Channel No. Medical Lake ...... 51 Pasco ...... 18 Agana ...... 2, 4, 5 Pullman ...... *17 Tamuning ...... 17 Richland ...... 26c, *38 Seattle ...... 25, 38, 39, *41, 44, 48 Spokane ...... *8, 13, 15, 20, 30, 36 PUERTO RICO Tacoma ...... 14, 18, *27, 36, *42 Vancouver ...... 48 Community Channel No. Wenatchee ...... 46 Yakima ...... 14, 16, *21, 33 Aguada ...... 62 Aguadilla ...... 17c, *34, 69 Arecibo ...... 53, 61c WEST VIRGINIA Bayamon ...... 59c Caguas ...... 56, *57 Community Channel No. Carolina ...... 51 Fajardo ...... *16, 33 Bluefield ...... 14, 46 Guayama ...... 45 Charleston ...... 19, 39, 41, 52 Humacao ...... 49 Clarksburg ...... 10, 52 Mayaguez ...... 23c, 29, 35, 63 Grandview ...... *53 Naranjito ...... 65c Huntington ...... 23, *34c, 47 Ponce ...... 8c, 15c, 19, *25, 43c, 47 Lewisburg ...... 8 San Juan ...... 21, 27c, 28, 31c, 32, *55c Martinsburg ...... 12 San Sebastian ...... 39c Morgantown ...... *33 Yauco ...... 41c Oak Hill ...... 50 Parkersburg ...... 49 Weston ...... 6 VIRGIN ISLANDS Wheeling ...... 32 Community Channel No.

WISCONSIN Charlotte Amalie ...... *44, 48, 50 Christiansted ...... 20, 23 Community Channel No.

Appleton ...... 27c (c)(1) Availability of channels. Applica- Chippewa Falls ...... 49c tions may be filed to construct DTV Eagle River ...... 28 broadcast stations only on the chan- Eau Claire ...... 15, 39 Fond Du Lac ...... 44 nels designated in the DTV Table of Al- Green Bay ...... 23, 39c, 41, *42, 51 lotments set forth in paragraph (b) of

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this section, and only in the commu- dix B of the Memorandum Opinion and nities listed therein. Applications that Order (referenced above). An applica- fail to comply with this requirement, tion for authority to construct or mod- whether or not accompanied by a peti- ify DTV facilities on such an allotment tion to amend the DTV Table, will not may specify an alternate location for be accepted for filing. However, appli- the DTV transmitting antenna that is cations specifying channels that accord within 5 kilometers of the DTV allot- with publicly announced FCC Orders ment reference coordinates without changing the DTV Table of Allotments consideration of electromagnetic inter- will be accepted for filing even if such ference to other DTV or analog TV applications are tendered before the ef- broadcast stations, allotments or appli- fective dates of such channel change. cations, provided the application com- An application for authority to con- plies with paragraph (f)(2) of this sec- struct a DTV station on an allotment tion. Location of the transmitting an- in the initial DTV table may only be tenna of such a station at a site more filed by the licensee or permittee of the than 5 kilometers from the DTV allot- analog TV station with which that initial allotment is paired, as set forth in ment reference coordinates must com- Appendix B of the Memorandum Opinion ply with the provisions of section and Order on Reconsideration of the Sixth 73.623(c). In the case where a DTV sta- Report and Order in MM Docket 87–268, tion has been granted authority to con- FCC 98–24 (Memorandum Opinion and struct more than 5 kilometers from its Order) adopted January 29, 1998. Copies reference coordinates pursuant to sec- of the Memorandum Opinion and Order tion 73.623(c), and its authorized cov- may be inspected during normal busi- erage area extends in any azimuthal di- ness hours at the: Federal Communica- rection beyond the DTV coverage area tions Commission, Room CY-C203, 445 determined for the DTV allotment ref- 12th Street, SW., Reference Informa- erence facilities, then the coordinates tion Center, Washington, DC, 20554. of such authorized site are to be used This document is also available in addition to the coordinates of the through the Internet on the FCC Home DTV allotment to determine protec- Page at http://www.fcc.gov. Applications tion from new DTV allotments pursu- may also be filed to implement an ex- ant to § 73.623(d) and from subsequent change of channel allotments between DTV applications filed pursuant to two or more licensees or permittees of § 73.623(c). analog TV stations in the same com- (2) The reference coordinates of a munity, the same market, or in adja- DTV allotment not included in the ini- cent markets provided, however, that tial DTV Table of Allotments shall be the other requirements of this section the authorized transmitter site, or, and § 73.623 are met with respect to where such a transmitter site is not each such application. available for use as a reference point, (2) Notwithstanding paragraph (c)(1) the coordinates as designated in the of this section, an application may be FCC order modifying the DTV Table of filed for a channel or community not Allotments. listed in the DTV Table of Allotments if it is consistent with the rules and (e) DTV Service Areas. (1) The service policies established in the Third Report area of a DTV station is the geographic and Order in WT Docket 99–168 (FCC 01– area within the station’s noise-limited 25), adopted January 18, 2001. Where F(50,90) contour where its signal such a request is approved, the Media strength is predicted to exceed the Bureau will change the DTV Table of noise-limited service level. The noise- Allotments to reflect that approval. limited contour is the area in which (d) Reference points and distance com- the predicted F(50,90) field strength of putations. (1) The reference coordinates the station’s signal, in dB above 1 mi- of a DTV allotment included in the ini- crovolt per meter (dBu) as determined tial DTV Table of Allotments are the using the method in section 73.625(b) coordinates of the authorized transmit- exceeds the following levels (these are ting antenna site of the associated ana- the levels at which reception of DTV log TV station, as set forth in Appen- service is limited by noise):

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dBu tion’s predicted Grade B contour, as defined in section 73.683. Channels 2–6 ...... 28 (2) An application for authority to Channels 7–13 ...... 36 Channels 14–69 ...... 41 construct or modify DTV facilities will not be subject to further consideration (2) Within this contour, service is of electromagnetic interference to considered available at locations where other DTV or analog TV broadcast sta- the station’s signal strength, as pre- tions, allotments or applications, pro- dicted using the terrain dependent vided that: Longley-Rice point-to-point propaga- (i) The proposed ERP in each azi- tion model, exceeds the levels above. muthal direction is equal to or less Guidance for evaluating coverage areas than the reference ERP in that direc- using the Longley-Rice methodology is tion; and provided in OET Bulletin No. 69. Copies (ii) The proposed antenna HAAT is of OET Bulletin No. 69 may be inspected equal to or less than the reference an- during normal business hours at the tenna HAAT or the proposed antenna Federal Communications Commission, HAAT exceeds the reference antenna 445 12th Street, S.W, Dockets Branch HAAT by 10 meters or less and the ref- (Room CY A09257), Washington, DC erence ERP in paragraph (f)(2)(i) of this 20554. This document is also available section is adjusted in accordance with through the Internet on the FCC Home paragraph (f)(3) of this section; and Page at http://www.fcc.gov. (iii) The application complies with the location provisions in paragraph NOTE TO PARAGRAPH (e)(2): During the tran- (d)(1) of this section. sition, in cases where the assigned power of (3)(i) A DTV station may increase its a UHF DTV station in the initial DTV Table antenna HAAT by up to 10 meters from is 1000 kW, the Grade B contour of the asso- that specified in Appendix B if it re- ciated analog television station, as authorized on April 3, 1997, shall be used instead of duces its DTV power to a level at or the noise-limited contour of the DTV station below the level of adjusted DTV power in determining the DTV station’s service computed in the following formula: area. In such cases, the DTV service area is ERP adjustment in dB = 20log(H /H ) the geographic area within the station’s ana- 1 2

log Grade B contour where its DTV signal Where H1 = Reference antenna HAAT speci- strength is predicted to exceed the noise-lim- fied in the DTV Table, and H2 = Actual ited service level, i.e., 41 dB, as determined antenna HAAT using the Longley-Rice methodology. (ii) Alternatively, a DTV application (3) For purposes of determining that specifies an antenna HAAT within whether interference is caused to a 25 meters below that specified in Ap- DTV station’s service area, the max- pendix B may adjust its power upward imum technical facilities, i.e., antenna to a level at or below the adjusted DTV height above average terrain (antenna power in accordance with the formula HAAT) and effective radiated power in paragraph (f)(3)(i) of this section (ERP), specified for the station’s allot- without an interference showing. For a ment are to be used in determining its proposed antenna more than 25 meters service area. below the reference antenna HAAT, the (f) DTV maximum power and antenna DTV station may increase its ERP up heights. (1) The maximum, or reference, to the level permitted for operation effective radiated power (ERP) and an- with an antenna that is 25 meters tenna height above average terrain (an- below the station’s reference antenna tenna HAAT) for an allotment included HAAT. in the initial DTV Table of Allotments (4) UHF DTV stations may request an are set forth in Appendix B of the increase in power, up to a maximum of Memorandum Opinion and Order (ref- 1000 kW ERP, to enhance service with- erenced in paragraph (c) of this sec- in their authorized service area. tion). In each azimuthal direction, the (5) Licensees and permittees assigned reference ERP value is based on the an- a DTV channel in the initial DTV tenna HAAT of the corresponding ana- Table of Allotments may request an in- log TV station and achieving predicted crease in either ERP in some azi- coverage equal to that analog TV sta- muthal direction or antenna HAAT, or

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both, that exceed the initial technical maximum ERP of 45 kW if its antenna facilities specified for the allotment in HAAT is at or below 305 meters and it Appendix B of the Memorandum Opinion is located in Zone II or Zone III. A DTV and Order (referenced in paragraph (c) station that operates on a channel 2–6 of this section), up to the maximum allotment included in the initial DTV permissible limits on DTV power and Table of Allotments may request an in- antenna height set forth in paragraph crease in power and/or antenna HAAT (f)(6), (f)(7), or (f)(8) of this section, as up to these maximum levels, provided appropriate, or up to that needed to the increase also complies with the provide the same geographic coverage provisions of paragraph (f)(5) of this area as the largest station within their section. market, whichever would allow the (i) At higher HAAT levels, such DTV largest service area. Such requests stations will be allowed to operate with must be accompanied by a technical lower maximum ERP levels in accord- showing that the increase complies ance with the following table and for- with the technical criteria in § 73.623(c), mulas (the allowable maximum ERP and thereby will not result in new infor intermediate values of HAAT is de- terference exceeding the de minimis termined using linear interpolation standard set forth in that section, or based on the units employed in the statements agreeing to the change table): from any co-channel or adjacent channel stations that might be affected by MAXIMUM ALLOWABLE ERP AND ANTENNA potential new interference, in accord- HEIGHT FOR DTV STATIONS IN ZONES II OR III ance with § 73.623(f). In the case where a ON CHANNELS 2–6 DTV station has been granted author- Antenna HAAT (meters) ERP (kW) ity to construct pursuant to § 73.623(c), and its authorized coverage area ex- 610 ...... 10 580 ...... 11 tends in any azimuthal direction be- 550 ...... 12 yond the DTV coverage area deter- 520 ...... 14 mined for the DTV allotment reference 490 ...... 16 460 ...... 19 facilities, then the authorized DTV fa- 425 ...... 22 cilities are to be used in addition to the 395 ...... 26 assumed facilities of the initial DTV 365 ...... 31 335 ...... 37 allotment to determine protection 305 ...... 45 from new DTV allotments pursuant to § 73.623(d) and from subsequent DTV ap- (ii) For DTV stations located in Zone plications filed pursuant to § 73.623(c). I that operate on channels 2–6 with an The provisions of this paragraph re- HAAT that exceeds 305 meters, the al- garding increases in the ERP or an- lowable maximum ERP expressed in tenna height of DTV stations on chan- decibels above 1 kW (dBk) is deter- nels in the initial DTV Table of Allot- mined using the following formula, ments shall also apply in cases where with HAAT expressed in meters: the licensee or permittee seeks to change the station’s channel as well as ERPmax = 92.57–33.24*log10(HAAT) alter its ERP and antenna HAAT. Li- (iii) For DTV stations located in censees and permittees are advised Zone II or III that operate on channels that where a channel change is re- 2–6 with an HAAT that exceeds 610 me- quested, it may, in fact, be necessary ters, the allowable maximum ERP ex- in specific cases for the station to oper- pressed in decibels above 1 kW (dBk) is ate with reduced power, a lower an- determined using the following for- tenna, or a directional antenna to mula, with HAAT expressed in meters: avoid causing new interference to an- ERP = 57.57–17.08*log (HAAT) other station. max 10 (6) A DTV station that operates on a (7) A DTV station that operates on a channel 2–6 allotment created subse- channel 7–13 allotment created subsequent to the initial DTV Table will be quent to the initial DTV Table will be allowed a maximum ERP of 10 kW if its allowed a maximum ERP of 30 kW if its antenna HAAT is at or below 305 me- antenna HAAT is at or below 305 meters and it is located in Zone I or a ters and it is located in Zone I or a

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maximum ERP of 160 kW if its antenna on a channel 14–59 allotment included HAAT is at or below 305 meters and it in the initial DTV Table of Allotments is located in Zone II or Zone III. A DTV may request an increase in power and/ station that operates on a channel 7–13 or antenna HAAT up to these max- allotment included in the initial DTV imum levels, provided the increase also Table of Allotments may request an in- complies with the provisions of para- crease in power and/or antenna HAAT graph (f)(5) of this section. up to these maximum levels, provided (i) At higher HAAT levels, such DTV the increase also complies with the stations will be allowed to operates provisions of paragraph (f)(5) of this with lower maximum ERP levels in ac- section. cordance with the following table and (i) At higher HAAT levels, such DTV formulas (the allowable maximum ERP stations will be allowed to operate with for intermediate values of HAAT is de- lower maximum ERP levels in accord- termined using linear interpolation ance with the following table and for- based on the units employed in the mulas (the allowable maximum ERP table): for intermediate values of HAAT is determined using linear interpolation MAXIMUM ALLOWABLE ERP AND ANTENNA based on the units employed in the HEIGHT FOR DTV STATIONS ON CHANNELS table): 14–59, ALL ZONES

MAXIMUM ALLOWABLE ERP AND ANTENNA Antenna HAAT (meters) ERP (kW) HEIGHT FOR DTV STATIONS IN ZONES II OR III 610 ...... 316 ON CHANNELS 7–13 580 ...... 350 550 ...... 400 Antenna HAAT (meters) ERP (kW) 520 ...... 460 610 ...... 30 490 ...... 540 580 ...... 34 460 ...... 630 550 ...... 40 425 ...... 750 520 ...... 47 395 ...... 900 490 ...... 54 365 ...... 1000 460 ...... 64 425 ...... 76 395 ...... 92 (ii) For DTV stations located in Zone 365 ...... 110 I, II or III that operate on channels 14– 335 ...... 132 59 with an HAAT that exceeds 610 me- 305 ...... 160 ters, the allowable maximum ERP ex- (ii) For DTV stations located in Zone pressed in decibels above 1 kW (dBk) is I that operate on channels 7–13 with an determined using the following for- HAAT that exceeds 305 meters, the al- mula, with HAAT expressed in meters:

lowable maximum ERP expressed in ERPmax = 72.57–17.08*log10(HAAT) decibels above 1 kW (dBk) is determined using the following formula, (g) DTV stations operating on channels with HAAT expressed in meters: above an analog TV station. (1) DTV stations operating on a channel allotment ERPmax = 97.35–33.24*log10(HAAT) designated with a ‘‘c’’ in paragraph (b) (iii) For DTV stations located in of this section must maintain the pilot Zone II or III that operate on channels carrier frequency of the DTV signal 7–13 with an HAAT that exceeds 610 me- 5.082138 MHz above the visual carrier ters, the allowable maximum ERP ex- frequency of any analog TV broadcast pressed in decibels above 1 kW (dBk) is station that operates on the lower ad- determined using the following for- jacent channel and is located within 88 mula, with HAAT expressed in meters: kilometers. This frequency difference must be maintained within a tolerance ERPmax = 62.34–17.08*log10(HAAT) of ±3 Hz. (8) A DTV station that operates on a (2) Unless it conflicts with operation channel 14–59 allotment created subse- complying with paragraph (g)(1) of this quent to the initial DTV Table will be section, where a low power television allowed a maximum ERP of 1000 kW if station or TV translator station is op- their antenna HAAT is at or below 365 erating on the lower adjacent channel meters. A DTV station that operates within 32 km of the DTV station and

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notifies the DTV station that it in- Community Channel tends to minimize interference by pre- No. cisely maintaining its carrier fre- Gadsden ...... 26 quencies, the DTV station shall cooper- Gulf Shores ...... 25 ate in locking its carrier frequency to Homewood ...... 28 Hoover ...... 45 a common reference frequency and Huntsville ...... 19, *24, shall be responsible for any costs relat- 32, ing to its own transmission system in 41, 48 complying with this provision. Louisville ...... *44 Mobile ...... 9, 15, (h)(1) The power level of emissions on 20, frequencies outside the authorized 23, channel of operation must be attenu- 27, *41 ated no less than the following Montgomery ...... 12, 20, amounts below the average trans- *27, mitted power within the authorized 31, 46 channel. In the first 500 kHz from the Mount Cheaha ...... *7 Opelika ...... 30 channel edge the emissions must be at- Ozark ...... 33 tenuated no less than 47 dB. More than Selma ...... 29, 42 6 MHz from the channel edge, emis- Troy ...... 48 Tuscaloosa ...... 6, 33 sions must be attenuated no less than Tuskegee ...... 22 110 dB. At any frequency between 0.5 and 6 MHz from the channel edge, emis- ALASKA sions must be attenuated no less than Anchorage ...... 7, *8, the value determined by the following 10, formula: 12, 20, Attenuation in dB = ¥11.5(Df + 3.6); *26, 28, 33 Where: Df = frequency difference in MHz from Bethel ...... *3 the edge of the channel. Fairbanks ...... 7, *9, 18, 26 (2) This attenuation is based on a Juneau ...... *10, 11 measurement bandwidth of 500 kHz. Ketchikan ...... 13 North Pole ...... 20 Other measurement bandwidths may be Sitka ...... 7 used as long as appropriate correction factors are applied. Measurements need ARIZONA not be made any closer to the band Douglas ...... 36 edge than one half of the resolution Flagstaff ...... 13, 18, bandwidth of the measuring instru- 22, 32 Green Valley ...... 46 ment. Emissions include sidebands, Holbrook ...... *11 spurious emissions and radio frequency Kingman ...... 19 harmonics. Attenuation is to be meas- Mesa ...... 12 Phoenix ...... *8, 10, ured at the output terminals of the 15, transmitter (including any filters that 17, may be employed). In the event of in- 20, terference caused to any service, great- 24, 26, er attenuation may be required. 33, (i) Post-Transition Table of DTV Allot- 39, 49 ments. Prescott ...... 7 Sierra Vista ...... 44 Channel Tolleson ...... 31 Community No. Tucson ...... 9, 19, 23, ALABAMA 25, *28, Anniston ...... 9 *30, Bessemer ...... 18 32, 40 Birmingham ...... *10, 13, Yuma ...... 11, 13 30, 36, 50 ARKANSAS Demopolis ...... *19 Dothan ...... 21, 36 Arkadelphia ...... *13 Dozier ...... *10 Camden ...... 49 Florence ...... 14, 20, El Dorado ...... *10, 27, *22 43

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Channel Channel Community No. Community No.

Eureka Springs ...... 34 San Diego ...... 8, 10, Fayetteville ...... *9, 15 18, Fort Smith ...... 18, 21, 19, 27 *30, Harrison ...... 31 40 Hot Springs ...... 26 San Francisco ...... 7, 19, Jonesboro ...... 8, *20, 27, 48 29, Little Rock ...... *7, 12, *30, 22, *33, 30, 38, 32, 39, *36, 45, 51 44 San Jose ...... 12, 36, Mountain View ...... *13 41, Pine Bluff ...... 24, 39 49, Rogers ...... 50 *50 Springdale ...... 39 San Luis Obispo ...... 15, 34 San Mateo ...... *43 CALIFORNIA Sanger ...... 36 Santa Ana ...... 33 Anaheim ...... 32 Santa Barbara ...... 21, 27 Arcata ...... 22 Santa Maria ...... 19 Avalon ...... 47, 47c Santa Rosa ...... 32 Bakersfield ...... 10, 25, Stockton ...... 25, 26, 33, 45 46 Barstow ...... 44 Twentynine Palms ...... 23 Bishop ...... 20 Vallejo ...... 34 Calipatria ...... 36 Ventura ...... 49 Ceres ...... *15 Visalia ...... 28, *50 Chico ...... 24, 43 Watsonville ...... *25 Clovis ...... 43 Concord ...... 14 COLORADO Corona ...... 39 Cotati ...... *23 Boulder ...... 15 El Centro ...... 9, 22 Broomfield ...... *13 Eureka ...... 3, *11, Castle Rock ...... 46 17, 28 Colorado Springs ...... 22, 24, Fort Bragg ...... 8 49 Fresno ...... 7, 30, Denver ...... 7, 9, 34, *18, 38, 19, *40 26, Hanford ...... 20 32, Huntington Beach ...... *48 34, Long Beach ...... 18 35, Los Angeles ...... 7, 9, 11, *40, 13, 43 *28, Durango ...... 15, *20, 31, 33 34, Fort Collins ...... 21 36, Glenwood Springs ...... 23 *41, Grand Junction ...... 2, 7, 12, 42, 43 15, Merced ...... 11 *18 Modesto ...... 18 Greeley ...... 38 Monterey ...... 31, 32 Longmont ...... 29 Novato ...... 47 Montrose ...... 13 Oakland ...... 44 Pueblo ...... *8, 42, Ontario ...... 29 48 Oxnard ...... 24 Steamboat Springs ...... 10 Palm Springs ...... 42, 46 Sterling ...... 23 Paradise ...... 20 Porterville ...... 48 CONNECTICUT Rancho Palos Verdes ...... 51 Redding ...... 7, *9 Bridgeport ...... 42 Riverside ...... 35 Hartford ...... 31, 33, Sacramento ...... *9, 10, *45, 21, 46 35, New Britain ...... 35 40, 48 New Haven ...... 10, 39, Salinas ...... 8, 13 *41 San Bernardino ...... *26, 38 New London ...... 26

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Channel Channel Community No. Community No.

Norwich ...... *9 Panama City Beach ...... 47 Stamford ...... *49 Pensacola ...... 17, *31, Waterbury ...... 20 34, 45 Sarasota ...... 24 DELAWARE St. Petersburg ...... 10, 32, Dover ...... 5 44 Seaford ...... *44 Stuart ...... 42 Wilmington ...... 2, *12, Tallahassee ...... 24, 27, 31 *32, 40 DISTRICT OF COLUMBIA Tampa ...... 7, 12, *13, Washington ...... 7, 9, 29, *27, *34, *33, 47 35, Tequesta ...... 16 36, Tice ...... 33 48, 50 Venice ...... 25 FLORIDA West Palm Beach ...... 12, 13, *27, Boca Raton ...... *40 28 Bradenton ...... 42 Cape Coral ...... 35 GEORGIA Clearwater ...... 21 Clermont ...... 17 Albany ...... 10, 12 Cocoa ...... *30, 51 Athens ...... *8, 48 Daytona Beach ...... 11, 49 Atlanta ...... 10, 19, Destin ...... 48 20, Fort Lauderdale ...... 30 *21, Fort Myers ...... 15, *31, 25, 50 27, Fort Pierce ...... 34, *38 39, Fort Walton Beach ...... 40, 49, *41, 50 43 Gainesville ...... 9, 16, *36 Augusta ...... 12, 30, High Springs ...... 28 31, 42 Hollywood ...... 47 Bainbridge ...... 50 Jacksonville ...... *7, 13, Baxley ...... 35 19, Brunswick ...... 24 32, Chatsworth ...... *33 34, Cochran ...... *7 42, Columbus ...... 11, 15, *44 *23, Key West ...... 3, 8 35, 49 Lake Worth ...... 36 Lakeland ...... 19 Cordele ...... 22 Leesburg ...... 40, *46 Dalton ...... 16 Live Oak ...... 48 Dawson ...... *8 Marianna ...... 51 Macon ...... 13, 16, Melbourne ...... 43, 48 40, 45 Miami ...... 7, 10, Monroe ...... 44 *18, Pelham ...... *6 19, Perry ...... 32 *20, Rome ...... 31 22, Savannah ...... *9, 11, 23, 22, 39 31, 32, Thomasville ...... 46 35, 46 Toccoa ...... 24 Naples ...... 41, 45 Valdosta ...... 43 New Smyrna Beach ...... *33 Waycross ...... *8 Ocala ...... 31 Wrens ...... *6 Orange Park ...... 10 Orlando ...... 22, *23, HAWAII 26, 27, Hilo ...... *9, 11, 39, 41 13, Palm Beach ...... 49 22, 23 Panama City ...... 9, 13, 18, *38

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Channel Channel Community No. Community No.

Honolulu ...... 8, *11, Rock Island ...... 4 19, Rockford ...... 13, 16, 22, 42 23, Springfield ...... 13, 42, 27, 44 31, Urbana ...... *9, 26 33, 35, INDIANA *38, 40, Angola ...... 12 *43 Bloomington ...... *14, 27, Kailua ...... 50 42, 48 Kailua Kona ...... 25 Elkhart ...... 28 Kaneohe ...... 41 Evansville ...... 7, *9, Wailuku ...... 7, *10, 28, 12, 45, 46 16, Fort Wayne ...... 18, 24, 21, 24 31, Waimanalo ...... 15 36, *40 IDAHO Gary ...... *17, 51 Hammond ...... 36 Boise ...... 7, 9, Indianapolis ...... 9, 13, *21, 20, 39 *21, Caldwell ...... 10 25, Coeur d’Alene ...... *45 *44, Filer ...... *18 45 Idaho Falls ...... 8, 20, Kokomo ...... 29 36 Lafayette ...... 11 Lewiston ...... 32 Marion ...... 32 Moscow ...... *12 Muncie ...... 23 Nampa ...... 13, 24 Richmond ...... 39 Pocatello ...... 15, *17, Salem ...... 51 23, 31 South Bend ...... 22, *35, Sun Valley ...... 5 42, 48 Twin Falls ...... 11, *22, Terre Haute ...... 10, 36, 34 39 Vincennes ...... *22 ILLINOIS IOWA Aurora ...... 50 Bloomington ...... 28 Ames ...... 5, 23, Carbondale ...... *8 *34 Champaign ...... 41, 48 Burlington ...... 41 Charleston ...... *50 Cedar Rapids ...... 9, 27, Chicago ...... 12, 19, 29, 47 *21, Council Bluffs ...... *33 27, Davenport ...... *34, 36, 29, 49 31, Des Moines ...... 8, *11, 43, 13, 44, 16, 19 45, Dubuque ...... 43 *47 Fort Dodge ...... *25 Decatur ...... 17, 22 Iowa City ...... *12, 25 East St. Louis ...... 47 Mason City ...... *18, 42 Freeport ...... 41 Newton ...... 39 Galesburg ...... 8 Ottumwa ...... 15 Harrisburg ...... 34 Red Oak ...... *35 Jacksonville ...... *15 Sioux City ...... 9, *28, Joliet ...... 38 39, LaSalle ...... 10 41, 49 Macomb ...... *21 Waterloo ...... 7, 22, Marion ...... 17 *35 Moline ...... *23, 38 Mount Vernon ...... 11 KANSAS Olney ...... *19 Peoria ...... 19, 25, Colby ...... 17, 19 30, Derby ...... 31 39, Dodge City ...... *21 *46 Ensign ...... 6 Quincy ...... 10, 32, Garden City ...... 11, 13 *34 Goodland ...... 10

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Channel Channel Community No. Community No.

Great Bend ...... 22 Slidell ...... 24 Hays ...... 7, *16 West Monroe ...... 36, 38 Hoisington ...... 14 Hutchinson ...... *8, 19, MAINE 35 Lakin ...... *8 Augusta ...... *10 Lawrence ...... 41 Bangor ...... 2, 7, 13 Pittsburg ...... 7, 13 Biddeford ...... *45 Salina ...... 17 Calais ...... *10 Topeka ...... *11, 12, Lewiston ...... 35 13, Orono ...... *9 27, 49 Poland Spring ...... 8 Wichita ...... 10, 12, Portland ...... 38, 43, 26, 45 44 Presque Isle ...... 8, *10, KENTUCKY 47 Waterville ...... 23 Ashland ...... *26, 44 Beattyville ...... 7 MARYLAND Bowling Green ...... 13, 16, *18, Annapolis ...... *42 *48 Baltimore ...... 11, 13, Campbellsville ...... 19 *29, Covington ...... *24 38, Danville ...... 31 40, Elizabethtown ...... *43 41, Harlan ...... 51 Hazard ...... 12, *16 46, Lexington ...... 36, 39, Frederick ...... *28 40, Hagerstown ...... 26, 39, *42 *44 Louisville ...... 8, 11, Oakland ...... *36 *17, Salisbury ...... 21, *28, 26, 47 *38, MASSACHUSETTS 47, 49 Madisonville ...... 20, *42 Adams ...... 36 Murray ...... *36 Newport ...... 29 Boston ...... *19, 20, Owensboro ...... 30 30, Owenton ...... *44 31, Paducah ...... 32, 41, 32, 49 39, Pikeville ...... *24 42, Richmond ...... 21 *43 Somerset ...... *14 Cambridge ...... 41 Lawrence ...... 18 LOUISIANA Marlborough ...... 27 New Bedford ...... 22, 49 Alexandria ...... *26, 31, Norwell ...... 10 35, 41 Pittsfield ...... 13 Baton Rouge ...... 9, 13, Springfield ...... 11, *22, *25, 40 34, 45 Vineyard Haven ...... 40 Columbia ...... 11 Worcester ...... 29, *47 Hammond ...... 42 Lafayette ...... 10, 16, MICHIGAN *23, 28 Alpena 11, *24 Lake Charles ...... 7, *20, Ann Arbor ...... 50 30 Bad Axe ...... *15 Minden ...... 21 Battle Creek ...... 20, 44 Monroe ...... 8, *13 Bay City ...... 22, 46 New Iberia ...... 50 Cadillac ...... 9, *17, New Orleans ...... *11, 15, 32 21, Calumet ...... 5 26, Cheboygan ...... 35 29, Detroit ...... 7, 14, *31, 21, 36, 41, 43, 50 *43, Shreveport ...... 17, *24, 44, 45 28, East Lansing ...... *40 34, 44 Escanaba ...... 48

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Channel Channel Community No. Community No.

Flint ...... 12, 16, Oxford ...... *36 *28 Tupelo ...... 8 Grand Rapids ...... 7, *11, Vicksburg ...... 41 13, 19 West Point ...... 16 Iron Mountain ...... 8 Ishpeming ...... 10 MISSOURI Jackson ...... 34 Kalamazoo ...... *5, 8, 45 Cape Girardeau ...... 12, 22 Lansing ...... 25, 36, Columbia ...... 8, 17 38 Hannibal ...... 7 Manistee ...... *21 Jefferson City ...... 12, 20 Marquette ...... *13, 19, Joplin ...... *25, 43, 35 46 Mount Clemens ...... 39 Kansas City ...... *18, 24, Mount Pleasant ...... *26 29, Muskegon ...... 24 30, Onondaga ...... 10 31, Saginaw ...... 30, 48 34, Sault Ste. Marie ...... 8, 10 42, 47 Traverse City ...... 29, 47 Kirksville ...... 33 Osage Beach ...... 49 Vanderbilt ...... 45 Poplar Bluff ...... 15 MINNESOTA Sedalia ...... 15 Springfield ...... 10, 19, Alexandria 7, 42 *23, Appleton ...... *10 28, 44 Austin ...... *20, 36 St. Joseph ...... 7, 21 St. Louis ...... 14, 24, Bemidji ...... *9, 26 Brainerd ...... *28 26, Chisholm ...... 11 31, Crookston ...... *16 35, Duluth ...... *8, 10, *39, 17, 43 27, 33 MONTANA Hibbing ...... 13, *31 Mankato ...... 12 Billings ...... 10, 11, Minneapolis ...... 9, 11, 18 22, Bozeman ...... *8, 13 29, Butte ...... 5, 6, 19, 32, 45 24 Redwood Falls ...... 27 Glendive ...... 5 Rochester ...... 10, 46 Great Falls ...... 7, 8, 26, St. Cloud ...... 40 45 St. Paul ...... *23, Hardin ...... 22 *34, Havre ...... 9 35 Helena ...... 12, 29 Thief River Falls ...... 10 Kalispell ...... 9, *46 Walker ...... 12 Lewistown ...... 13 Worthington ...... *15 Miles City ...... 3 Missoula ...... 7, *11, MISSISSIPPI 13, 17, 23 Biloxi ...... *16, 39 Booneville ...... *12 NEBRASKA Bude ...... *18 Columbus ...... 35, *43 Alliance ...... *13 Greenville ...... 15 Bassett ...... *7 Greenwood ...... *25, 32 Grand Island ...... 11, 16 Gulfport ...... 48 Hastings ...... 5, *28 Hattiesburg ...... 22 Hayes Center ...... 6 Holly Springs ...... 41 Kearney ...... 13 Houston ...... 45 Lexington ...... *26 Jackson ...... 12, *20, Lincoln ...... 8, 10, 21, *12, 23, 15 30, 40 McCook ...... 12 Laurel ...... 7 Merriman ...... *12 Magee ...... 34 Norfolk ...... *19 Meridian ...... 11, 24, North Platte ...... 2, *9 31, Omaha ...... *17, 20, *44 22, Mississippi State ...... *10 38, Natchez ...... 49 43, 45

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Channel Channel Community No. Community No.

Scottsbluff ...... 17, 29 NEW YORK Sidney ...... 7 Superior ...... 4 Albany ...... 7, 12, 26 NEVADA Amsterdam ...... 50 Batavia ...... 23 Elko ...... 10 Bath ...... 14 Ely ...... 27 Binghamton ...... 7, 8, 34, Goldfield ...... 50 *42 Henderson ...... 9 Buffalo ...... 14, 32, Las Vegas ...... 2, 7, 33, *11, 36, 13, 38, 16, 39, 22, 29 *43, Laughlin ...... 32 49 Paradise ...... 40 Carthage ...... 7 Reno ...... 7, 8, 13, Corning ...... *30, 48 *15, Elmira ...... 18, 36 20, Garden City ...... *21 26, 44 Ithaca ...... 20 Tonopah ...... 9 Jamestown ...... 26 Winnemucca ...... 7 Kingston ...... 48 New York ...... 7, 11, NEW HAMPSHIRE *24, 28, Concord ...... 33 31, Derry ...... 35 33, 44 Durham ...... *11 Norwood ...... *23 Keene ...... *49 Plattsburgh ...... 14, *38 Littleton ...... *48 Poughkeepsie ...... 27 Manchester ...... 9 Riverhead ...... 47 Merrimack ...... 34 Rochester ...... 10, 13, NEW JERSEY *16, 28, 45 Atlantic City ...... 4, 44, Saranac Lake ...... 40 49 Schenectady ...... 6, *34, Burlington ...... 27 43 Camden ...... *22 Smithtown ...... 23 Linden ...... 36 Springville ...... 7 Middletown Township ...... 3 Syracuse ...... 15, 17, Montclair ...... *51 19, New Brunswick ...... *8 24, Newark ...... 13, 30 *25, Newton ...... 18 44, 47 Paterson ...... 40 Utica ...... 27, 29, Secaucus ...... 38 30 Trenton ...... *43 Watertown ...... 21, *41 Vineland ...... 29 West Milford ...... *29 NORTH CAROLINA Wildwood ...... 36 Asheville ...... 13, *25, NEW MEXICO 45 Belmont ...... 47 Albuquerque ...... 7, 13, Burlington ...... 14 *17, Chapel Hill ...... *25 22, Charlotte ...... *11, 22, 24, 23, 26, 27, 34 *35, Concord ...... *44 42, 45 Durham ...... 11, 28 Carlsbad ...... 19, 25 Edenton ...... *20 Clovis ...... 12 Fayetteville ...... 36, 38 Farmington ...... 8, 12 Goldsboro ...... 17 Hobbs ...... 29 Greensboro ...... 33, 43, Las Cruces ...... *23, 47 51 Portales ...... *32 Greenville ...... 10, *23, Roswell ...... 8, 10, 26, 47 21, 27 Hickory ...... 40 Santa Fe ...... *8, 10, High Point ...... 35 27, 29 Jacksonville ...... *19, 34 Silver City ...... 10, 12 Kannapolis ...... 50 Lexington ...... 19

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Channel Channel Community No. Community No.

Linville ...... *17 Toledo ...... 5, 11, Lumberton ...... *31 13, Manteo ...... 9 *29, Morehead City ...... 8 46, 49 New Bern ...... 12 Youngstown ...... 20, 36, Raleigh ...... 27, 48, 41 49 Zanesville ...... 40 Roanoke Rapids ...... *36 Rocky Mount ...... 15 OKLAHOMA Washington ...... 32 Ada ...... 26 Wilmington ...... *29, 30, Bartlesville ...... 17 44, 46 Cheyenne ...... *8 Wilson ...... 42 Claremore ...... *36 Winston Salem ...... 29, 31, Eufaula ...... *31 *32 Lawton ...... 11 Muskogee ...... 20 NORTH DAKOTA Norman ...... 46 Oklahoma City ...... 7, *13, Bismarck ...... 12, 17, 15, *22, 23, 26, 31 24, Devils Lake ...... 8, *25 27, Dickinson ...... 7, *9, 19 33, Ellendale ...... *20 39, Fargo ...... *13, 19, 40, 50 21, 44 Okmulgee ...... 28 Grand Forks ...... *15, 27 Shawnee ...... 29 Jamestown ...... 7 Tulsa ...... 8, 10, Minot ...... 10, 13, *11, 14, 22, 24, 42, *40 45, Pembina ...... 12 47, 49 Valley City ...... 38 Woodward ...... 35 Williston ...... 8, *11, 14 OREGON

OHIO Bend ...... *11, 21, 18 Akron ...... 23, 30, Coos Bay ...... 11, 22 *50 Corvallis ...... *7 Alliance ...... *45 Eugene ...... 9, 13, Athens ...... *27 17, Bowling Green ...... *27 *29, Cambridge ...... *35 31 Canton ...... 47, 49 Grants Pass ...... 30 Chillicothe ...... 46 Klamath Falls ...... 13, 29, Cincinnati ...... 12, 22, *33 La Grande ...... *13, 16 33, Medford ...... 5, *8, *34, 10, 35 12, 26 Cleveland ...... 8, 15, Pendleton ...... 11 17, Portland ...... 8, *10, *26, 12, 34 40, Columbus ...... 14, 21, 43, 45 36, Roseburg ...... 18, 19, *38, 45 48 Salem ...... 22, 33 Dayton ...... *16, 18, 30, PENNSYLVANIA 41, 50 Lima ...... 8, 44 Allentown ...... *39, 46 Lorain ...... 28 Altoona ...... 24, 32, Mansfield ...... 12 46 Newark ...... 24 Bethlehem ...... 9 Oxford ...... *28 Clearfield ...... *15 Portsmouth ...... 17, *43 Erie ...... 12, 16, Sandusky ...... 42 22, Shaker Heights ...... 10 24, Springfield ...... 26 *50 Steubenville ...... 9 Greensburg ...... 50

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Channel Channel Community No. Community No.

Harrisburg ...... 10, 21, Rapid City ...... 2, 7, 16, *36 21, Hazleton ...... 45 *26 Jeannette ...... 11 Reliance ...... 13 Johnstown ...... 8, 34 Sioux Falls ...... 7, 11, Lancaster ...... 8, 23 13, Philadelphia ...... 6, 17, *24, 26, 36, 47 32, Vermillion ...... *34 34, *35, TENNESSEE 42 Pittsburgh ...... *13, 25, Chattanooga ...... 9, 12, 38, 13, 42, *29, 43, 40 48, 51 Cleveland ...... 42 Reading ...... 25 Crossville ...... 20 Red Lion ...... 30 Franklin ...... 36 Scranton ...... 13, 31, Greeneville ...... 38 32, Hendersonville ...... 33 *41, Jackson ...... 39, 43 50 Jellico ...... 23 Wilkes Barre ...... 11 Johnson City ...... 11 Williamsport ...... 29 York ...... 47 Kingsport ...... 27 Knoxville ...... 7, 10, RHODE ISLAND *17, 26, Newport ...... 17 30, 34 Providence ...... 12, 13, Lebanon ...... 44 *21, Lexington ...... *47 50 Memphis ...... 5, *10, 13, SOUTH CAROLINA *23, 25, Allendale ...... *33 28, Anderson ...... 14 *29, Beaufort ...... *44 31, 51 Charleston ...... *7, 24, Murfreesboro ...... 38 34, Nashville ...... *8, 10, 36, 15, 47, 50 21, Columbia ...... 8, 10, 23, 17, 25, 27 *32, Sneedville ...... *41 47, 48 Tazewell ...... 48 Conway ...... *9 Florence ...... 13, 16, TEXAS 21, *45 Abilene ...... 15, 24, Georgetown ...... *38 29 Greenville ...... *9, 16, Alvin ...... 36 21, 36 Amarillo ...... 7, *9, Greenwood ...... *18 10, Hardeeville ...... 28 15, 19 Myrtle Beach ...... 18, 32 Arlington ...... 42 Rock Hill ...... 15, 39 Austin ...... 7, 21, Spartanburg ...... 7, 43 *22, Sumter ...... *28, 39 33, 43, 49 SOUTH DAKOTA Baytown ...... 41 Aberdeen ...... 9, *17 Beaumont ...... 12, 25, Brookings ...... *8 *33 Eagle Butte ...... *13 Belton ...... 46 Florence ...... 3 Big Spring ...... 33 Huron ...... 12 Blanco ...... 18 Lead ...... 5, 10 Borger ...... 31 Lowry ...... *11 Brownsville ...... 24 Martin ...... *8 Bryan ...... 28, 50 Mitchell ...... 26 College Station ...... *12 Pierre ...... *10, 19 Conroe ...... 32, 42

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Channel Channel Community No. Community No.

Corpus Christi ...... 8, 10, Sweetwater ...... 20 13, Temple ...... 9 *23, Texarkana ...... 15 27, 38 Tyler ...... 7 Dallas ...... 8, *14, Uvalde ...... 26 32, Victoria ...... 11, 15 35, Waco ...... 10, *20, 36, 26, 44 40, 45 Weslaco ...... 13 Decatur ...... 30 Wichita Falls ...... 15, 22, Del Rio ...... 28 28 Denton ...... *43 Wolfforth ...... 43 Eagle Pass ...... 24 El Paso ...... *13, 15, UTAH 16, 17, Cedar City ...... 14 18, Logan ...... 12 25, Ogden ...... 24, *36, *39, 48 51 Price ...... 11 Farwell ...... 18 Provo ...... 29, 32, Fort Worth ...... 9, 19, *44 29, 41 Richfield ...... *19 Fredericksburg ...... 5 Salt Lake City ...... 20, 28, Galveston ...... *23, 48 34, Garland ...... 23 38, Greenville ...... 46 40, Harlingen ...... 31, *34, *42, 38 46 Houston ...... *8, 11, St. George ...... 9, *18 13, Vernal ...... 16 19, *24, VERMONT 26, 35, Burlington ...... 13, 22, 38, 44 *32, Irving ...... 48 43 Jacksonville ...... 22 Hartford ...... 25 Katy ...... 47 Rutland ...... *9 Kerrville ...... 32 St. Johnsbury ...... *18 Killeen ...... 13 Windsor ...... *24 Lake Dallas ...... 39 Laredo ...... 8, 13, VIRGINIA 19 Llano ...... 27 Arlington ...... 15 Longview ...... 26, 31 Ashland ...... 47 Lubbock ...... 11, 16, Bristol ...... 5 27, Charlottesville ...... 19, 32, 35, *46 *39, Danville ...... 24 40 Fairfax ...... *24 Lufkin ...... 9 Front Royal ...... *21 Mcallen ...... 49 Goldvein ...... *30 Midland ...... 18, 26 Grundy ...... 49 Nacogdoches ...... 18 Hampton ...... 13 Odessa ...... 7, 9, 23, Hampton Norfolk ...... *16 30, Harrisonburg ...... 49 *38, Lynchburg ...... 13, 20 42 Manassas ...... 34 Port Arthur ...... 40 Marion ...... *42 Rio Grande City ...... 40 Norfolk ...... 33, 40, Rosenberg ...... 45 46 San Angelo ...... 11, 16, Norton ...... *32 19 Petersburg ...... 22 San Antonio ...... *9, 12, Portsmouth ...... 31, 50 *16, Richmond ...... 12, 25, 30, 26, 38, *42, 39, *44 41, Roanoke ...... *3, 17, 48, 18, Sherman ...... 12 30, 36 Snyder ...... 17 Staunton ...... *11

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Channel Channel Community No. Community No.

Virginia Beach ...... 7, 29 Milwaukee ...... *8, 18, 22, WASHINGTON 25, 28, Bellevue ...... 33, 50 33, Bellingham ...... 19, 35 34, Centralia ...... *19 *35, Everett ...... 31 46 Kennewick ...... 44 Park Falls ...... *36 Pasco ...... 18 Racine ...... 48 Pullman ...... *10, 24 Rhinelander ...... 16 Richland ...... 26, *38 Superior ...... 19 Seattle ...... *9, 25, Suring ...... 21 38, Wausau ...... 7, 9, *24 39, Wittenberg ...... 31 44, 48 WYOMING Spokane ...... *7, 13, 15, Casper ...... *8, 12, 20, 14, 28, 17, 20 34, 36 Cheyenne ...... 11, 27, Tacoma ...... 11, 13, 30 14, Jackson ...... 11 *27, Lander ...... 7, *8 *42 Laramie ...... *8 Vancouver ...... 30 Rawlins ...... 9 Walla Walla ...... 9 Riverton ...... 10 Yakima ...... 14, 16, Rock Springs ...... 13 *21, Sheridan ...... 7, 13 33 GUAM WEST VIRGINIA Agana ...... 8, 12 Bluefield ...... 40, 46 Tamuning ...... 14 Charleston ...... 19, 39, 41 PUERTO RICO Clarksburg ...... 10, 12 Grandview ...... *10 Aguada ...... 50 Huntington ...... 13, 23, Aguadilla ...... 12, 17, *34 *34 Lewisburg ...... 8 Arecibo ...... 14, 46 Martinsburg ...... 12 Bayamon ...... 30 Morgantown ...... *33 Caguas ...... 11, *48 Oak Hill ...... 50 Carolina ...... 51 Parkersburg ...... 49 Fajardo ...... 13, *16, Weston ...... 5 33 Wheeling ...... 7 Guayama ...... 45 Humacao ...... 49 WISCONSIN Mayaguez ...... 22, 23, 29, 35 Antigo ...... 46 Naranjito ...... 18 Appleton ...... 27 Ponce ...... 7, 9, 15, Chippewa Falls ...... 49 19, Crandon ...... 12 *25, Eagle River ...... 28 47 San Juan ...... 21, 27, Eau Claire ...... 15, 38 28, Fond Du Lac ...... 5 31, Green Bay ...... 11, 23, 32, 39, *43 41, San Sebastian ...... 39 *42 Yauco ...... 41 Janesville ...... 32 Kenosha ...... 40 VIRGIN ISLANDS La Crosse ...... 8, 17, *30, Charlotte Amalie ...... 17, 43, 48 *44 Madison ...... 19, *20, Christiansted ...... 15, 20, 26, 23 49, 50 Mayville ...... 43 Menomonie ...... *27 [62 FR 26712, May 14, 1997]

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EDITORIAL NOTE: For FEDERAL REGISTER ci- experiences interference to 10 percent tations affecting § 73.622, see the List of CFR or more of its population or that would Sections Affected, which appears in the result in a station receiving inter- Finding Aids section of the printed volume ference in excess of 10 percent of its and at www.govinfo.gov. population. The station population val- § 73.623 DTV applications and changes ues for existing NTSC service and DTV to DTV allotments. service contained in Appendix B of the (a) General. This section contains the Memorandum Opinion and Order on Re- technical criteria for evaluating appli- consideration of the Sixth Report and cations requesting DTV facilities that Order in MM Docket No. 87–268, FCC 98– do not conform to the provisions of 24, adopted January 29, 1998, referenced § 73.622 and petitions for rule making to in § 73.622(c), are to be used for the pur- amend the pre-transition DTV Table of poses of determining whether a power Allotments (§ 73.622(b)). Petitions to increase or other change is permissible amend the DTV Table (other than under this de minimis standard. For those also expressly requesting amend- evaluating compliance with this re- ment of this section) and applications quirement, interference to populations for new DTV broadcast stations or for served is to be predicted based on the changes in authorized DTV stations procedure set forth in OET Bulletin No. filed pursuant to this section will not 69, including population served within be accepted for filing if they fail to service areas determined in accordance comply with the requirements of this with section 73.622(e), consideration of section. Petitions for rule making and whether F(50,10) undesired signals will applications seeking facilities that will exceed the following desired-to- operate after the end of the DTV tran- undesired (D/U) signal ratios, assumed sition must also comply with § 73.616. use of a directional receiving antenna, (b) In considering petitions to amend and use of the terrain dependent the DTV Table and applications filed Longley-Rice point-to-point propaga- pursuant to this section, the Commis- tion model. Copies of OET Bulletin No. sion will use geographic coordinates 69 may be inspected during normal defined in § 73.622(d) as reference points business hours at the: Federal Commu- in determining allotment separations nications Commission, Room CY-C203, and evaluating interference potential. 445 12th Street, SW., Reference Infor- (c) Minimum technical criteria for modi- mation Center, Washington, DC 20554. fication of DTV allotments included in the These documents are also available initial DTV Table of Allotments and for through the Internet on the FCC Home applications filed pursuant to this section. Page at http://www.fcc.gov. The thresh- No petition to modify a channel allot- old levels at which interference is con- ment included in the initial DTV Table sidered to occur are: of Allotments or application for au- D/U Ratio thority to construct or modify a DTV station assigned to such an allotment, Co-channel: DTV-into-analog TV ...... + 34 filed pursuant to this section, will be Analog TV-into-DTV ...... + 2 accepted unless it shows compliance DTV-into-DTV ...... + 15 with the requirements of this para- First Adjacent Channel: graph. Lower DTV-into-analog TV ...... ¥14 Upper DTV-into-analog TV ...... ¥17 (1) Requests filed pursuant to this Lower analog TV-into-DTV ...... ¥48 paragraph must demonstrate compli- Upper analog TV-into-DTV ...... ¥49 ance with the principal community Lower DTV-into-DTV ...... ¥28 Upper DTV-into-DTV ...... ¥26 coverage requirements of section Other Adjacent Channel (Channels 14–69 73.625(a). only) (2) Requests filed pursuant to this DTV-into-analog TV, where N = analog TV paragraph must demonstrate that the channel and DTV Channel: requested change would not result in N–2 ...... ¥24 N + 2 ...... ¥28 more than an additional 2 percent the N–3 ...... ¥30 population served by another station N + 3 ...... ¥34 being subject to interference; provided, N–4 ...... ¥34 N + 4 ...... ¥25 however, that no new interference may N–7 ...... ¥35 be caused to any station that already N + 7 ...... ¥43

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D/U Ratio A TV station authorized pursuant to Subpart J of this part, within the pro- N–8 ...... ¥32 N + 8 ...... ¥43 tected contour defined in § 73.6010 of N + 14 ...... ¥33 this part. This paragraph applies to all N + 15 ...... ¥31 DTV applications filed after May 1, 2000, and to DTV applications filed be- (3) The values in paragraph (c)(2) of tween December 31, 1999 and April 30, this section for co-channel interference 2000 unless the DTV station licensee or to DTV service are only valid at loca- permittee notified the Commission of tions where the signal-to-noise ratio is its intent to ‘‘maximize’’ by December 28 dB or greater for interference from 31, 1999. DTV and 25 dB or greater for interference from analog TV service. At the (i) Interference is predicted to occur edge of the noise-limited service area, if the ratio in dB of the field strength where the signal-to-noise (S/N) ratio is of a Class A TV station at its protected 16 dB, these values are 21 dB and 23 dB contour to the field strength resulting for interference from analog TV and from the facilities proposed in the DTV DTV, respectively. At locations where application (calculated using the ap- the S/N ratio is greater than 16 dB but propriate F(50,10) chart from Figure 9a, less than 28 dB, D/U values for co-chan- 10a, or 10c of § 73.699 of this part) fails nel interference to DTV are as follows: to meet the D/U signal ratios for (i) For DTV-to-DTV interference, the ‘‘DTV-into-analog TV’’ specified in minimum D/U ratios are computed paragraph (c)(2) of this section. from the following formula: (ii) Interference is predicted to occur if the ratio in dB of the field strength ¥ ¥x/10 D/U = 15 + 10log10[1.0/(1.0 10 )] of a digital Class A TV station at its Where x = S/N–15.19 (minimum signal to protected contour to the field strength noise ratio) resulting from the facilities proposed (ii) For analog-to-DTV interference, in the DTV application (calculated the minimum D/U ratios are found using the appropriate F(50,10) chart from the following Table (for values be- from Figure 9a, 10a, or 10c of § 73.699 of tween measured values, linear inter- this part) fails to meet the D/U signal polation can be used): ratios for ‘‘DTV-into-DTV’’ specified in paragraphs (c)(2) and (c)(3) of this sec- Desired-to- tion. Signal-to-noise ratio (dB) undesired ratio (dB) (iii) In support of a request for waiver of the interference protection require- 16.00 ...... 21.00 16.35 ...... 19.94 ments of this section, an applicant for 17.35 ...... 17.69 a DTV broadcast station may make 18.35 ...... 16.44 full use of terrain shielding and 19.35 ...... 7.19 20.35 ...... 4.69 Longley-Rice terrain dependent propa- 21.35 ...... 3.69 gation methods to demonstrate that 22.35 ...... 2.94 the proposed facility would not be like- 23.35 ...... 2.44 25.00 ...... 2.00 ly to cause interference to Class A TV stations. Guidance on using the (4) Due to the frequency spacing that Longely-Rice methodology is provided exists between Channels 4 and 5, be- in OET Bulletin No. 69, which is avail- tween Channels 6 and 7, and between able through the Internet at http:// Channels 13 and 14, the minimum adja- www.fcc.gov/oet/info/documents/bulletins/ cent channel technical criteria speci- #69. fied in paragraph (c)(2) of this section (d) Minimum geographic spacing re- shall not be applicable to these pairs of quirements for DTV allotments not in- channels (see § 73.603(a)). cluded in the initial DTV Table of Allot- (5) A DTV station application that ments. No petition to add a new channel proposes to expand the DTV station’s to the DTV Table of Allotments or allotted or authorized coverage area in modify an allotment not included in any direction will not be accepted if it the initial DTV Table will be accepted is predicted to cause interference to a unless it shows compliance with the re- Class A TV station or to a digital Class quirements of this paragraph.

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(1) Requests filed pursuant to this (2) Requests filed pursuant to this paragraph must demonstrate compli- paragraph must meet the following re- ance with the principle community quirements for geographic spacing with coverage requirements of section regard to all other DTV stations, DTV 73.625(a). allotments and analog TV stations:

Channel relationship Separation requirement

VHF Channels 2–13: Co-channel, DTV to DTV Zone I: 244.6 km. Zones II & III: 273.6 km. Co-channel, DTV to analog TV Zone I: 244.6 km. Zone II & III: 273.6 km. Adjacent Channel: DTV to DTV ...... No allotments permitted between: Zone I: 20 km and 110 km. Zones II & III: 23 km and 110 km. DTV to analog TV ...... No allotments permitted between: Zone I: 9 km and 125 km. Zone II & III: 11 km and 125 km. UHF Channels: Co-channel, DTV to DTV Zone I: 196.3 km. Zone II & III: 223.7 km. Co-channel, DTV to analog TV Zone I: 217.3 km. Zone II & III: 244.6 km. Adjacent Channel: DTV to DTV ...... No allotments permitted between: All Zones: 24 km and 110 km. DTV to analog TV ...... No allotments permitted between: All Zones: 12 km and 106 km. Taboo Channels, DTV to analog TV only (DTV channels ±2, ±3, ±4, ±7, ±8, No allotments permitted between: and 14 or 15 channels above the analog TV channel). Zone I: 24.1 km and 80.5 km. Zone II & III: 24.1 km and 96.6 km.

(3) Zones are defined in § 73.609. The change the channel or location of au- minimum distance separation between thorized DTV stations that would use a DTV station in one zone and an ana- channels 14–20 where the distance be- log TV or DTV station in another zone tween the DTV reference point as de- shall be that of the zone requiring the fined in section 73.622(d), would be lo- lower separation. cated less than 250 km from the city (4) Due to the frequency spacing that center of a co-channel land mobile op- exists between Channels 4 and 5, be- eration or 176 km from the city center tween Channels 6 and 7, and between of an adjacent channel land mobile op- Channels 13 and 14, the minimum geo- eration. Petitions to amend the DTV graphic spacing requirements specified Table, applications for new DTV sta- in paragraph (d)(3) of this section shall tions, or requests to modify the DTV not be applicable to these pairs of Table that do not meet the minimum channels (§ 73.603(a)). DTV-to-land mobile spacing standards (e) Protection of land mobile operations will, however, be considered where all on channels 14–20. The Commission will affected land mobile licensees consent not accept petitions to amend the DTV to the requested action. Land mobile Table of Allotments, applications for operations are authorized on these new DTV stations, or applications to channels in the following markets:

City Channels Latitude Longitude

Boston, MA ...... 14, 16 ...... 42°21′24″ 71°03′25″ Chicago, IL ...... 14, 15 ...... 41°52′28″ 87°38′22″ Cleveland, OH ...... 14, 15 ...... 41°29′51.2″ 81°41′49.5″ Dallas, TX ...... 16 ...... 32°47′09″ 96°47′37″ Detroit, MI ...... 15, 16 ...... 42°19′48.1″ 83°02′56.7″ Houston, TX ...... 17 ...... 29°45′26″ 95°21′37″ Los Angeles, CA ...... 14, 16, 20 ...... 34°03′15″ 118°14′28″

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City Channels Latitude Longitude

Miami, FL ...... 14 ...... 25°46′37″ 80°11′32″ New York, NY ...... 14, 15, 16 ...... 40°45′06″ 73°59′39″ Philadelphia, PA ...... 19, 20 ...... 39°56′58″ 75°09′21″ Pittsburgh, PA ...... 14, 18 ...... 40°26′19″ 80°00′00″ San Francisco, CA ...... 16, 17 ...... 37°46′39″ 122°24′40″ Washington, DC ...... 17, 18 ...... 38°53′51″ 77°00′33″

(f) Parties requesting new allotments (i) Shall be afforded the interference on channel 6 be added to the DTV protection set forth in paragraph (c) or Table must submit an engineering (d) of this section, as applicable: study demonstrating that no inter- (A) By all NTSC minor change appli- ference would be caused to existing FM cations; radio stations on FM channels 200–220. (B) By NTSC new station applica- (g) Negotiated agreements on inter- tions, except those covered by para- ference. Notwithstanding the minimum graphs (h)(1)(ii)(G) and (h)(1)(iii)(D) of technical criteria for DTV allotments this section; specified above, DTV stations oper- (C) By all rulemaking petitions to ating on allotments that are included amend the NTSC TV table of allot- in the initial DTV Table may: operate ments; with increased ERP and/or antenna HAAT that would result in additional (D) By DTV applications filed after interference to another DTV station or January 18, 2001; and an analog TV station if that station (E) By rulemaking petitions to agrees, in writing, to accept the addi- amend the DTV table of allotments tional interference; and/or implement filed after January 18, 2001; an exchange of channel allotments be- (ii) Must demonstrate the requisite tween two or more licensees or permit- interference protection set forth in tees of TV stations in the same com- paragraph (c) or (d) of this section, as munity, the same market, or in adja- applicable, to: cent markets provided, however, that (A) DTV licensed stations; the other requirements of this section (B) DTV construction permits; and of section 73.622 are met with re- (C) Existing DTV allotments; spect to each such application. Such (D) Rulemaking petitions to amend agreements must be submitted with the DTV table of allotments for which the application for authority to con- a Notice of Proposed Rule Making has struct or modify the affected DTV sta- been released and the comment dead- tion or stations. The larger service line specified therein has passed prior area resulting from a negotiated change in ERP and/or antenna HAAT to the filing date of the DTV applica- will be protected in accordance with tion; the provisions of paragraph (c) of this (E) NTSC stations with licenses cov- section. Negotiated agreements under ering construction permits that were this paragraph can include the ex- granted before the DTV application change of money or other consider- was filed; ations from one station to another, in- (F) NTSC construction permits that cluding payments to and from non- were granted before the DTV applica- commercial television stations as- tion was filed; signed reserved channels. Applications (G) Applications for new NTSC tele- submitted pursuant to the provisions vision stations that were in groups of of this paragraph will be granted only mutually exclusive applications on file if the Commission finds that such ac- prior to July 1, 1997, regardless of tion is consistent with the public inter- whether they are the only applications est. that remain pending from their group. (h) DTV application processing. (1) (iii) That do not provide the requisite DTV applications for a construction interference protection set forth in permit or a modified construction per- paragraph (c) or (d) of this section, as mit pending as of January 18, 2001:

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applicable, to the following applica- (ii) Must demonstrate the requisite tions and petitions will be deemed mu- interference protection set forth in tually exclusive with those applica- paragraph (c) or (d) of this section, as tions and petitions: applicable, to: (A) Other DTV applications pending (A) DTV licensed stations; as of January 18, 2001; (B) DTV construction permits; (B) Rulemaking petitions to amend (C) Earlier-filed DTV applications; the DTV table of allotments filed on or (D) Existing DTV allotments; before January 18, 2001 for which a No- (E) Rulemaking petitions to amend tice of Proposed Rule Making had been the DTV table of allotments for which released and the comment deadline a Notice of Proposed Rule Making has specified therein had not passed prior been released and the comment dead- to the filing date of the DTV applica- line specified therein has passed prior tion; to the filing date of the DTV applica- (C) Rulemaking petitions to amend tion; the DTV table of allotments filed on or (F) NTSC stations with licenses cov- before January 18, 2001 for which a No- ering construction permits that were tice of Proposed Rule Making had not granted before the DTV application been released; and was filed; (D) Applications for new NTSC sta- (G) NTSC construction permits that tions that are not covered by para- were granted before the DTV applica- graph (h)(1)(ii)(G) of this section and tion was filed; and were filed and accepted for filing on or (H) Earlier-filed and accepted for fil- before January 18, 2001 that: ing applications for new NTSC stations (1) Were filed by post-auction winners that are not covered by paragraph pursuant to § 73.5005. (h)(2)(ii)(I) of this section, and that: (1) Were filed by post-auction winners (2) Are part of a settlement agree- pursuant to § 73.5005. ment on-file with the Commission that (2) Are part of a settlement agree- would result in the grant of the NTSC ment on-file with the Commission that application; or would result in the grant of the NTSC (3) Are cut-off singletons. application; or (2) DTV applications for a construc- (3) Are cut-off singletons; tion permit or a modified construction (I) Applications for new NTSC tele- permit filed after January 18, 2001: vision stations that were in groups of (i) Shall be afforded the interference mutually exclusive applications on file protection set forth in paragraph (c) or prior to July 1, 1997, regardless of (d) of this section, as applicable: whether they are the only applications (A) By all NTSC minor change appli- that remain pending from their group; cations; (J) Rulemaking petitions to amend (B) By NTSC new station applica- the NTSC table of allotments filed by tions, except those covered by para- applicants defined in (h)(2)(ii)(I) of this graph (h)(2)(ii)(H) and (I) of this sec- section for which a Notice of Proposed tion; Rule Making has been released and the (C) By all rulemaking petitions to comment deadline specified therein has amend the NTSC TV table of allot- passed prior to the filing of the DTV ments except those filed by NTSC ap- application. plicants in those groups defined in (iii) That do not provide the requisite (h)(2)(ii)(I) of this section for which a interference protection set forth in Notice of Proposed Rule Making has paragraph (c) or (d) of this section, as been released and the comment dead- applicable, to the following applica- line specified therein has passed prior tions and petitions will be deemed mu- to the filing date of the DTV applica- tually exclusive with those application; tions and petitions: (D) By later-filed DTV applications; (A) Other DTV applications filed the and same day; (E) By later-filed rulemaking peti- (B) Rulemaking petitions to amend tions to amend the DTV table of allot- the DTV table of allotments for which ments; a Notice of Proposed Rule Making had

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been released and the comment dead- (1) DTV broadcast station permittees line specified therein had not passed and licensees required to construct and prior to the filing date of the DTV ap- operate a DTV station by May 1, 2002, plication; and or May 1, 2003, pursuant to paragraph (C) Earlier-filed rulemaking petitions (d) of this section must, at a minimum, to amend the DTV table of allotments beginning on the date on which the for which a Notice of Proposed Rule DTV station is required to be con- Making had not been released. structed, provide a digital video pro- (3) DTV applicants, DTV applicants gram signal, of the quality described in and NTSC applicants, or DTV appli- paragraph (b) of this section, during cants and DTV rulemaking petitioners prime time hours as defined in that are mutually exclusive pursuant § 79.3(a)(6) of this chapter. These licens- to this section will be notified by Pub- ees and permittees must also comply lic Notice and provided with a 90-day with the minimum operating hours re- period of time to resolve their mutual quirements in paragraph (f) of this sec- exclusivity via engineering amendment tion. or settlement. Those applications and (2) DTV licensees or permittees that petitions that remain mutually exclu- choose to commence digital operation sive upon conclusion of the 90-day set- before the construction deadline set tlement period will be dismissed. forth in paragraph (d) of this section are not subject to any minimum sched- [62 FR 26719, May 14, 1997, as amended at 63 FR 13560, Mar. 20, 1998; 64 FR 4327, Jan. 28, ule for operation on the DTV channel. 1999; 65 FR 30002, May 10, 2000; 65 FR 58467, (3) DTV licensees or permittees that Sept. 29, 2000; 66 FR 9984, Feb. 13, 2001; 66 FR choose to broadcast an ATSC 3.0 signal 65134, Dec. 18, 2001; 69 FR 31906, June 8, 2004; (using the Next Gen TV transmission 73 FR 5683, Jan. 30, 2008] standard in § 73.682(f)) shall transmit at least one free over the air video pro- § 73.624 Digital television broadcast gramming stream on that signal that stations. requires at most the signal threshold of (a) Digital television (‘‘DTV’’) broad- a comparable received DTV signal. cast stations are assigned channels 6 DTV licensees or permittees that MHz wide. Initial eligibility for li- choose to broadcast an ATSC 3.0 signal censes for DTV broadcast stations is (using the Next Gen TV transmission limited to persons that, as of April 3, standard in § 73.682(f)) shall also simul- 1997, are licensed to operate a full cast the primary video programming power television broadcast station or stream on its ATSC 3.0 signal by broad- hold a permit to construct such a sta- casting an ATSC 1.0 signal (using the tion (or both). DTV transmission standard in (b) DTV broadcast station permittees § 73.682(d)) from another broadcast tele- or licensees must transmit at least one vision facility within its local market over-the-air video program signal at no in accordance with the local direct charge to viewers on the DTV simulcasting requirement in §§ 73.3801, channel. Until such time as a DTV sta- 73.6029 and 74.782 of this chapter. tion permittee or licensee ceases ana- (c) Provided that DTV broadcast sta- log transmissions and returns that tions comply with paragraph (b) of this spectrum to the Commission, and ex- section, DTV broadcast stations are cept as provided in paragraph (b)(1) of permitted to offer services of any na- this section, at any time that a DTV ture, consistent with the public inter- broadcast station permittee or licensee est, convenience, and necessity, on an transmits a video program signal on its ancillary or supplementary basis. The analog television channel, it must also kinds of services that may be provided transmit at least one over-the-air video include, but are not limited to com- program signal on the DTV channel. puter software distribution, data trans- The DTV service that is provided pur- missions, teletext, interactive mate- suant to this paragraph must be at rials, aural messages, paging services, least comparable in resolution to the audio signals, subscription video, and analog television station programming any other services that do not derogate transmitted to viewers on the analog DTV broadcast stations’ obligations channel. under paragraph (b) of this section.

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Such services may be provided on a (iv) May 1, 2003: all noncommercial broadcast, point-to-point or point-to- television stations. multipoint basis, provided, however, (v) May 18, 2008 in all markets for that any video broadcast signal pro- completion of construction of post- vided at no direct charge to viewers transition (DTV) facilities for all com- shall not be considered ancillary or mercial and noncommercial television supplementary. stations that will use the same channel (1) DTV licensees that provide ancil- used for pre-transition operation for lary or supplementary services that are post-transition operation and that, as analogous to other services subject to of December 31, 2007, have a construc- regulation by the Commission must tion permit for facilities that conform comply with the Commission regula- to the facilities defined by the new tions that apply to those services, pro- DTV Table of Allotments and accom- vided, however, that no ancillary or panying Appendix B, established by the supplementary service shall have any Seventh Report and Order in MB Dock- rights to carriage under §§ 614 or 615 of et No. 87–268 and codified at 47 CFR the Communications Act of 1934, as 73.622(i). amended, or be deemed a multichannel (vi) August 18, 2008 in all markets for video programming distributor for pur- completion of construction of post- poses of section 628 of the Communica- transition (DTV) facilities for all com- tions Act of 1934, as amended. mercial and noncommercial television (2) In all arrangements entered into stations that will use the same channel with outside parties affecting service used for pre-transition operation for operation, the DTV licensee or per- post-transition operation but which, as mittee must retain control over all ma- of December 31, 2007, do not have a con- terial transmitted in a broadcast mode struction permit for facilities that con- via the station’s facilities, with the form to the facilities defined by the new DTV Table of Allotments and ac- right to reject any material in the sole companying Appendix B, established by judgement of the permitte or licensee. the Seventh Report and Order in MB The license or permittee is also respon- Docket No. 87–268 and codified at 47 sible for all aspects of technical oper- CFR 73.622(i). ation involving such telecommuni- (vii) June 12, 2009 in all markets for cations services. completion of construction of post- (3) In any application for renewal of a transition (DTV) facilities for all com- broadcast license for a television sta- mercial and noncommercial television tion that provides ancillary or supple- stations whose post-transition digital mentary services, a licensee shall es- channel is different from their pre- tablish that all of its program services transition digital channel and for those on the analog and the DTV spectrum stations whose post-transition channel are in the public interest. Any viola- is the same as their pre-transition tion of the Commission’s rules applica- channel but that are subject to a ble to ancillary or supplementary serv- unique technical challenge that has ices will reflect on the licensee’s quali- been specifically recognized as such by fications for renewal of its license. the Commission. (d) Digital television broadcast facili- (2) For the purposes of paragraph ties that comply with the FCC DTV (d)(1): Standard (section 73.682(d)), shall be (i) The term, ‘‘network,’’ is defined to constructed in the following markets include the ABC, CBS, NBC, and Fox by the following dates: television networks; (1)(i) May 1, 1999: all network-affili- (ii) The term, ‘‘television market,’’ is ated television stations in the top ten defined as the Designated Market Area television markets; or DMA as defined by Nielsen Media (ii) November 1, 1999: all network-af- Research as of April 3, 1997; and filiated television stations not included (iii) The terms, ‘‘network-affiliated’’ in category (1)(i) and in the top 30 tele- or ‘‘network-affiliate,’’ are defined to vision markets; include those television stations affili- (iii) May 1, 2002: all remaining com- ated with at least one of the four net- mercial television stations; works designated in paragraph (d)(2)(i)

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as of April 3, 1997. In those DMAs in must file on Form 340) on or before the which a network has more than one date on which half of the construction network affiliate, paragraphs (d)(1) (i) period has elapsed. Thus, for example, and (ii) of this section shall apply to its for applicants in category (d)(1)(i), the network affiliate with the largest audi- application for construction period ence share for the 9 a.m. to midnight must be filed by May 1, 1998. time period as measured by Nielsen (f)(1) Commencing on April 1, 2003, Media Research in its Nielsen Station DTV television licensees and permit- Index, Viewers in Profile, as of Feb- tees required to construct and operate ruary, 1997. a DTV station by May 1, 2002, or May 1, (3) Authority delegated. (i) Authority 2003, must transmit at least one over- is delegated to the Chief, Media Bureau the-air video program signal at no di- to grant an extension of time of up to rect charge to viewers on their DTV six months beyond the relevant con- channel at least 50 percent of the time struction deadline specified in para- they are transmitting a video program graph (d)(1) of this section upon dem- signal on their analog channel. onstration by the DTV licensee or per- (2) Commencing on April 1, 2004, DTV mittee that failure to meet that con- licensees and permittees described in struction deadline is due to cir- paragraph (f)(1) of this section must cumstances that are either unforesee- transmit a video program signal as de- able or beyond the licensee’s control scribed in paragraph (f)(1) of this sec- where the licensee has taken all rea- tion on the DTV channel at least 75 sonable steps to resolve the problem percent of the time they are transmit- expeditiously. ting a video program signal on the ana- (ii) For construction deadlines occur- log channel. ring prior to June 13, 2009, the fol- (3) Commencing on April 1, 2005, DTV lowing circumstances may include, but licensees and permittees described in shall not be limited to: paragraph (f)(1) of this section must (A) Inability to construct and place transmit a video program signal as de- in operation a facility necessary for scribed in paragraph (f)(1) of this sec- transmitting digital television, such as tion on the DTV channel at least 100 a tower, because of delays in obtaining percent of the time they are transmit- zoning or FAA approvals, or similar ting a video program signal on the ana- constraints; or log channel. (B) Where the licensee or permittee (4) The minimum operating hours re- is currently the subject of a bank- quirements imposed in paragraphs (f) ruptcy or receivership proceeding, or is (1) through (3) of this section will ter- experiencing severe financial hardship minate when the analog channel termi- as defined by negative cash flow for the nates operation and a 6 MHz channel is past three years. returned by the DTV licensee or per- (iii) For construction deadlines oc- mittee to the Commission. curring after June 12, 2009, the tolling (g) Commercial and noncommercial provisions of § 73.3598 shall apply. DTV licensees and permittees, and low (iv) The Bureau may grant no more power television, TV translator and than two extension requests upon dele- Class A television stations DTV licens- gated authority. Subsequent extension ees and permittees, must annually requests shall be referred to the Com- remit a fee of five percent of the gross mission. The Bureau may deny exten- revenues derived from all ancillary and sion requests upon delegated authority. supplementary services, as defined by (v) Applications for extension of time paragraph (b) of this section, which are shall be filed no earlier than 90 and no feeable, as defined in paragraphs later than 60 days prior to the relevant (g)(2)(i) and through (ii) of this section. construction deadline, absent a show- (1)(i) All ancillary or supplementary ing of sufficient reasons for filing with- services for which payment of a sub- in less than 60 days of the relevant con- scription fee or charge is required in struction deadline. order to receive the service are feeable. (e) The application for construction The fee required by this provision shall permit must be filed on Form 301 (ex- be imposed on any and all revenues cept for noncommercial stations, which from such services, including revenues

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derived from subscription fees and period and will remit the payment of from any commercial advertisements the required fee. transmitted on the service. (iii) The Commission reserves the (ii) Any ancillary or supplementary right to audit each licensee’s or per- service for which no payment is re- mittee’s records which support the cal- quired from consumers in order to re- culation of the amount specified on ceive the service is feeable if the DTV line 23A of Form 159. Each licensee or licensee directly or indirectly receives permittee, therefore, is required to re- compensation from a third party in retain such records for three years from turn for the transmission of material the date of remittance of fees. provided by that third party (other [62 FR 26989, May 16, 1997, as amended at 63 than commercial advertisements used FR 15784, Apr. 1, 1998; 63 FR 69216, Dec. 16, to support broadcasting for which a 1998; 64 FR 4327, Jan. 28, 1999; 66 FR 58982, subscription fee is not required). The Nov. 26, 2001; 66 FR 65135, Dec. 18, 2001; 67 FR fee required by this provision shall be 13232, Mar. 21, 2002; 67 FR 38423, June 4, 2002; imposed on any and all revenues from 69 FR 59535, Oct. 4, 2004; 73 FR 5683, Jan. 30, such services, other than revenues re- 2008; 74 FR 8878, Feb. 27, 2009; 76 FR 44827, July 27, 2011; 83 FR 5022, Feb. 2, 2018; 83 FR ceived from a third party in return for 19460, May 3, 2018] the transmission of commercial advertisements used to support broadcasting § 73.625 DTV coverage of principal for which a subscription fee is not re- community and antenna system. quired. (a) Transmitter location. (1) The DTV (2) Payment of fees. (i) Each December transmitter location shall be chosen so 1, all commercial and noncommercial that, on the basis of the effective radi- DTV licensees and permittees that pro- ated power and antenna height above vided feeable ancillary or supple- average terrain employed, the fol- mentary services as defined in this sec- lowing minimum F(50,90) field strength tion at any point during the 12–month in dB above one uV/m will be provided period ending on the preceding Sep- over the entire principal community to tember 30 will electronically report, for be served: the applicable period: (A) A brief description of the feeable Channels 2–6 ...... 35 dBu ancillary or supplementary services Channels 7–13 ...... 43 dBu Channels 14–69 ...... 48 dBu provided; (B) Gross revenues received from all Channels 2–6 ...... 28 dBu feeable ancillary and supplementary Channels 7–13 ...... 36 dBu services provided during the applicable Channels 14–69 ...... 41 dBu period; and (C) The amount of bitstream used to (2) The location of the antenna must provide feeable ancillary or supple- be so chosen that there is not a major mentary services during the applicable obstruction in the path over the prin- period. Licensees and permittees will cipal community to be served. certify under penalty of perjury the ac- (3) For the purposes of this section, curacy of the information reported. coverage is to be determined in accord- Failure to file information required by ance with paragraph (b) of this section. this section may result in appropriate Under actual conditions, the true cov- sanctions. erage may vary from these estimates (ii) A commercial or noncommercial because the terrain over any specific DTV licensee or permittee that has path is expected to be different from provided feeable ancillary or supple- the average terrain on which the field mentary services at any point during a strength charts were based. Further, 12–month period ending on September the actual extent of service will usu- 30 must additionally file the FCC’s ally be less than indicated by these es- standard remittance form (Form 159) timates due to interference from other on the subsequent December 1. Licens- stations. Because of these factors, the ees and permittees will certify the predicted field strength contours give amount of gross revenues received from no assurance of service to any specific feeable ancillary or supplementary percentage of receiver locations within services for the applicable 12–month the distances indicated.

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(b) Determining coverage. (1) In pre- tenna center of radiation and the radio dicting the distance to the field horizon as determined individually for strength contours, the F (50,50) field each azimuthal direction concerned. In strength charts (Figures 9, 10 and 10b of cases where the relative field strength § 73.699 of this part) and the F (50,10) at this depression angle is 90% or more field strength charts (Figures 9a, 10a of the maximum field strength devel- and 10c of § 73.699 of this part) shall be oped in the vertical plane containing used. To use the charts to predict the the pertaining radial, the maximum ra- distance to a given F (50,90) contour, diation shall be used. The depression the following procedure is used: Con- angle is based on the difference in ele- vert the effective radiated power in vation of the antenna center of radi- kilowatts for the appropriate azimuth ation above the average terrain and the into decibel value referenced to 1 kW radio horizon, assuming a smooth (dBk). Subtract the power value in dBk spherical earth with a radius of 8,495.5 from the contour value in dBu. Note kilometers (5,280 miles) and shall be de- that for power less than 1 kW, the dif- termined by the following equation: ference value will be greater than the A = 0.0277 square root of H contour value because the power in dBk is negative. Locate the difference Where: value obtained on the vertical scale at A is the depression angle in degrees. the left edge of the appropriate F H is the height in meters of the transmitting (50,50) chart for the DTV station’s antenna radiation center above average channel. Follow the horizontal line for terrain of the 3.2–16.1 kilometers (2–10 that value into the chart to the point miles) sector of the pertinent radial. of intersection with the vertical line This formula is empirically derived for above the height of the antenna above the limited purpose specified here. Its average terrain for the appropriate azi- use for any other purpose may be inap- muth located on the scale at the bot- propriate. tom of the chart. If the point of inter- (3) Applicants for new DTV stations section does not fall exactly on a dis- or changes in the facilities of existing tance curve, interpolate between the DTV stations must submit to the FCC distance curves below and above the a showing as to the location of their intersection point. The distance values stations’ or proposed stations’ contour. for the curves are located along the This showing is to include a map show- right edge of the chart. Using the ap- ing this contour, except where appli- propriate F (50,10) chart for the DTV cants have previously submitted mate- station’s channel, locate the point rial to the FCC containing such infor- where the distance coincides with the mation and it is found upon careful ex- vertical line above the height of the amination that the contour locations antenna above average terrain for the indicated therein would not change, on appropriate azimuth located on the any radial, when the locations are de- scale at the bottom of the chart. Fol- termined under this section. In the lat- low a horizontal line from that point to ter cases, a statement by a qualified the left edge of the chart to determine engineer to this effect will satisfy this the F (50,10) difference value. Add the requirement and no contour maps need power value in dBk to this difference be submitted. value to determine the F (50,10) con- (4) The antenna height to be used tour value in dBu. Subtract the F with these charts is the height of the (50,50) contour value in dBu from this F radiation center of the antenna above (50,10) contour value in dBu. Subtract the average terrain along the radial in this difference from the F (50,50) con- question. In determining the average tour value in dBu to determine the F elevation of the terrain, the elevations (50,90) contour value in dBu at the per- between 3.2–16.1 kilometers (2–10 miles) tinent distance along the pertinent ra- from the antenna site are employed. dial. Profile graphs shall be drawn for 8 (2) The effective radiated power to be radials beginning at the antenna site used is that radiated at the vertical and extending 16.1 kilometers (10 miles) angle corresponding to the depression therefrom. The radials should be drawn angle between the transmitting an- for each 45 degrees of azimuth starting

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with True North. At least one radial graphic map (see paragraph (b)(5) of must include the principal community this section) should be used, although to be served even though such commu- only relatively few points may be nity may be more than 16.1 kilometers available. The profile graphs should in- (10 miles) from the antenna site. How- dicate the topography accurately for ever, in the event none of the evenly each radial, and the graphs should be spaced radials include the principal plotted with the distance in kilometers community to be served and one or as the abscissa and the elevation in more such radials are drawn in addi- meters above mean sea level as the or- tion to the 8 evenly spaced radials, dinate. The profile graphs should indi- such additional radials shall not be em- cate the source of the topographical ployed in computing the antenna data employed. The graph should also height above average terrain. Where show the elevation of the center of the the 3.2–16.1 kilometers (2–10 mile) por- radiating system. The graph may be tion of a radial extends in whole or in plotted either on rectangular coordi- part over large bodies of water (such as nate paper or on special paper which ocean areas, gulfs, sounds, bays, large shows the curvature of the earth. It is lakes, etc., but not rivers) or extends not necessary to take the curvature of over foreign territory but the contour the earth into consideration in this encompasses land area within the procedure, as this factor is taken care United States beyond the 16.1 kilo- of in the charts showing signal meters (10 mile) portion of the radial, strengths. The average elevation of the the entire 3.2–16.1 kilometers (2–10 12.9 kilometer (8 miles) distance be- mile) portion of the radial shall be in- tween 3.2–16.1 kilometers (2–10 miles) cluded in the computation of antenna from the antenna site should then be height above average terrain. However, determined from the profile graph for where the contour does not so encom- each radial. This may be obtained by pass United States land area and (1) averaging a large number of equally the entire 3.2–16.1 kilometers (2–10 spaced points, by using a planimeter, mile) portion of the radial extends over or by obtaining the median elevation large bodies of water or foreign terri- (that exceeded for 50% of the distance) tory, such radial shall be completely in sectors and averaging those values. omitted from the computation of an- In directions where the terrain is such tenna height above average terrain, that negative antenna heights or and (2) where a part of the 3.2–16.1 kilo- heights below 30.5 meters (100 feet) for meters (2–10 mile) portion of a radial the 3.2 to 16.1 kilometers (2 to 10 mile) extends over large bodies of water or sector are obtained, an assumed height over foreign territory, only that part of of 30.5 meters (100 feet) shall be used the radial extending from the 3.2 kilo- for the prediction of coverage. How- meter (2 mile) sector to the outermost ever, where the actual contour dis- portion of land area within the United tances are critical factors, a supple- States covered by the radial shall be mental showing of expected coverage employed in the computation of an- must be included together with a de- tenna height above average terrain. scription of the method employed in The profile graph for each radial should predicting such coverage. In special be plotted by contour intervals of from cases, the Commission may require ad- 12.2–30.5 meters (40–100 feet) and, where ditional information as to terrain and the data permits, at least 50 points of coverage. elevation (generally uniformly spaced) (5) In the preparation of the profile should be used for each radial. In in- graph previously described, and in de- stances of very rugged terrain where termining the location and height the use of contour intervals of 30.5 me- above sea level of the antenna site, the ters (100 feet) would result in several elevation or contour intervals shall be points in a short distance, 61.0–122.0 taken from the United States Geologi- meter (200–400 foot) contour intervals cal Survey Topographic Quadrangle may be used for such distances. On the Maps, United States Army Corps of En- other hand, where the terrain is uni- gineers’ maps or Tennessee Valley Au- form or gently sloping the smallest thority maps, whichever is the latest, contour interval indicated on the topo- for all areas for which such maps are

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available. If such maps are not pub- manufacturer and model number of the lished for the area in question, the next proposed directional antenna. best topographic information should be (ii) Relative field horizontal plane used. Topographic data may sometimes pattern (horizontal polarization only) be obtained from State and Municipal of the proposed directional antenna. A agencies. Data from Sectional Aero- value of 1.0 should be used for the max- nautical Charts (including bench imum radiation. The plot of the pat- marks) or railroad depot elevations and tern should be oriented so that 0 de- highway elevations from road maps grees corresponds to true North. Where may be used where no better informa- mechanical beam tilt is intended, the tion is available. In cases where lim- amount of tilt in degrees of the an- ited topographic data is available, use tenna vertical axis and the orientation may be made of an altimeter in a car of the downward tilt with respect to driven along roads extending generally true North must be specified, and the radially from the transmitter site. horizontal plane pattern must reflect United States Geological Survey Topo- the use of mechanical beam tilt. graphic Quadrangle Maps may be ob- (iii) A tabulation of the relative field tained from the United States Geologi- pattern required in paragraph (c)(3)(ii) cal Survey, Department of the Interior, of this section. The tabulation should Washington, D.C. 20240. Sectional Aero- use the same zero degree reference as nautical Charts are available from the the plotted pattern, and be tabulated United States Coast and Geodetic Sur- at least every 10 degrees. In addition, vey, Department of Commerce, Wash- tabulated values of all maxima and ington, D.C. 20235. In lieu of maps, the minima, with their corresponding azi- average terrain elevation may be com- muths, should be submitted. puter generated, except in the cases of (iv) Horizontal and vertical plane ra- dispute, using elevations from a 30 sec- diation patterns showing the effective ond point or better topographic data radiated power, in dBk, for each direc- file. The file must be identified and the tion. Sufficient vertical plane patterns data processed for intermediate points must be included to indicate clearly along each radial using linear inter- the radiation characteristics of the an- polation techniques. The height above tenna above and below the horizontal mean sea level of the antenna site plane. In cases where the angles at must be obtained manually using ap- which the maximum vertical radiation propriate topographic maps. varies with azimuth, a separate (c) Antenna system. (1) The antenna vertical radiation pattern must be pro- system shall be designed so that the ef- vided for each pertinent radial direc- fective radiated power at any angle tion. above the horizontal shall be as low as (v) All horizontal plane patterns the state of the art permits, and in the must be plotted to the largest scale same vertical plane may not exceed the possible on unglazed letter-size polar effective radiated power in either the coordinate paper (main engraving ap- horizontal direction or below the hori- proximately 18 cm × 25 cm (7 inches × 10 zontal, whichever is greater. inches)) using only scale divisions and (2) An antenna designed or altered to subdivisions of 1, 2, 2.5. or 5 times 10- produce a noncircular radiation pat- nth. All vertical plane patterns must tern in the horizontal plane is consid- be plotted on unglazed letter-size rec- ered to be a directional antenna. An- tangular coordinate paper. Values of tennas purposely installed in such a field strength on any pattern less than manner as to result in the mechanical 10 percent of the maximum field beam tilting of the major vertical radi- strength plotted on that pattern must ation lobe are included in this cat- be shown on an enlarged scale. egory. (vi) The horizontal and vertical plane (3) Applications proposing the use of patterns that are required are the pat- directional antenna systems must be terns for the complete directional an- accompanied by the following: tenna system. In the case of a com- (i) Complete description of the pro- posite antenna composed of two or posed antenna system, including the more individual antennas, this means

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that the patterns for the composite an- responding to true North, a determina- tenna, not the patterns for each of the tion of the depression angle between individual antennas, must be sub- the transmitting antenna center of ra- mitted. diation and the radio horizon using the (4) Where simultaneous use of anten- formula in paragraph (b)(2) of this sec- nas or antenna structures is proposed, tion. the following provisions shall apply: (iii) For each such radial direction, (i) In cases where it is proposed to the ERP at the depression angle, tak- use a tower of an AM broadcast station ing into account the effect of the elec- as a supporting structure for a DTV trical beam tilt, mechanical beam tilt, broadcast antenna, an appropriate ap- if used, and directional antenna pat- plication for changes in the radiating tern if a directional antenna is speci- system of the AM broadcast station fied. must be filed by the licensee thereof. A (iv) The maximum ERP toward the formal application (FCC Form 301, or radio horizon determined by this proc- FCC Form 340 for a noncommercial ess must be clearly indicated. In addi- educational station) will be required if tion, a tabulation of the relative fields the proposal involves substantial representing the effective radiation change in the physical height or radi- pattern toward the radio horizon in the ation characteristics of the AM broad- 36 radial directions must be submitted. cast antennas; otherwise an informal A value of 1.0 should be used for the application will be acceptable. (In case maximum radiation. of doubt, an informal application (letter) together with complete engineer- [62 FR 26990, May 16, 1997, as amended at 63 ing data should be submitted.) An ap- FR 13562, Mar. 20, 1998; 66 FR 9985, Feb. 13, plication may be required for other 2001; 66 FR 65135, Dec. 18, 2001; 83 FR 5544, classes of stations when the tower is to Feb. 8, 2018] be used in connection with a DTV sta- § 73.626 DTV distributed transmission tion. systems. (ii) When the proposed DTV antenna is to be mounted on a tower in the vi- (a) A DTV station may be authorized cinity of an AM station directional an- to operate multiple synchronized tenna system and it appears that the transmitters on its assigned channel to operation of the directional antenna provide service consistent with the re- system may be affected, an engineering quirements of this section. Such oper- study must be filed with the DTV ap- ation is called a distributed trans- plication concerning the effect of the mission system (DTS). Except as ex- DTV antenna on the AM directional ra- pressly provided in this section, DTV diation pattern. Field measurements of stations operating a DTS facility must the AM stations may be required prior comply with all rules applicable to to and following construction of the DTV single-transmitter stations. DTV station antenna, and readjust- (b) For purposes of compliance with ments made as necessary. this section, a station’s ‘‘authorized (5) Applications proposing the use of service area’’ is defined as the area electrical beam tilt pursuant to section within its predicted noise-limited serv- 73.622(f)(4) must be accompanied by the ice contour determined using the fa- following: cilities authorized for the station in a (i) Complete description of the pro- license or construction permit for non- posed antenna system, including the DTS, single-transmitter-location oper- manufacturer and model number. ation. Vertical plane radiation patterns con- (c) Table of Distances. The following forming with paragraphs (c)(3)(iv), Table of Distances describes (by chan- (c)(3)(v) and (c)(3)(vi) of this section. nel and zone) a station’s maximum (ii) For at least 36 evenly spaced service area that can be obtained in ap- radials, including 0 degrees cor- plying for a DTS authorization.

F(50,90) field Channel Zone strength Distance from reference point (dBU)

2–6 ...... 1 ...... 28 108 km. (67 mi.)

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F(50,90) field Channel Zone strength Distance from reference point (dBU)

2–6 ...... 2 and 3 ...... 28 128 km. (80 mi.) 7–13 ...... 1 ...... 36 101 km. (63 mi.) 7–13 ...... 2 and 3 ...... 36 123 km. (77 mi.) 14–51 ...... 1, 2 and 3 ...... 41 103 km. (64 mi.)

(1) DTV station zones are defined in area is of a minimal amount and nec- § 73.609. essary to meet the requirements of (2) DTS reference point. A station’s paragraph (f)(1) of this section; DTS reference point is established in (3) Each DTS transmitter’s coverage the FCC Order that created or made is contiguous with at least one other final modifications to the Post-Transi- DTS transmitter’s coverage; tion DTV Table of Allotments, (4) The coverage from one or more § 73.622(i), and the corresponding facili- DTS transmitter(s) is shown to provide ties for the station’s channel assign- principal community coverage as re- ment as set forth in that FCC Order. (d) Determining DTS coverage. The quired in § 73.625(a); coverage for each DTS transmitter is (5) The ‘‘combined field strength’’ of determined based on the F(50,90) field all the DTS transmitters in a network strength given in the Table of Dis- does not cause interference to another tances (in paragraph (c) of this sec- station in excess of the criteria speci- tion), calculated in accordance with fied in § 73.616, where the combined § 73.625(b). The combined coverage of a field strength level is determined by a DTS station is the logical union of the ‘‘root-sum-square’’ calculation, in coverage of all DTS transmitters. which the combined field strength level (e) DTS protection from interference. A at a given location is equal to the DTS station must be protected from in- square root of the sum of the squared terference in accordance with the cri- field strengths from each transmitter teria specified in § 73.616. To determine in the DTS network at that location. compliance with the interference pro- (6) Each DTS transmitter must be lo- tection requirements of § 73.616, the cated within either the DTV station’s population served by a DTS station Table of Distances area or its author- shall be the population within the sta- ized service area. tion’s combined coverage contour, ex- (g) All transmitters operating under cluding the population in areas that are outside both the DTV station’s au- a single DTS license must follow the thorized service area and the Table of same digital broadcast television Distances area (in paragraph (c) of this transmission standard. section). Only population that is pre- [73 FR 74063, Dec. 5, 2008, as amended at 83 dicted to receive service by the method FR 5022, Feb. 2, 2018] described in § 73.622(e)(2) from at least one individual DTS transmitter will be § 73.635 Use of common antenna site. considered. No television license or renewal of a (f) Applications for DTS. An applica- television license will be granted to tion proposing use of a DTS will not be accepted for filing unless it meets all any person who owns, leases, or con- of the following conditions: trols a particular site which is pecu- (1) The combined coverage from all of liarly suitable for television broad- the DTS transmitters covers all of the casting in a particular area and (a) applicant’s authorized service area; which is not available for use by other (2) Each DTS transmitter’s coverage television licensees; and (b) no other is contained within either the DTV sta- comparable site is available in the tion’s Table of Distances area (pursu- area; and (c) where the exclusive use of ant to paragraph (c) of this section) or such site by the applicant or licensee its authorized service area, except would unduly limit the number of tele- where such extension of coverage be- vision stations that can be authorized yond the station’s authorized service in a particular area or would unduly

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restrict competition among television rier for transmitting subscriber de- stations. coder control code signals during periods of normal non-encoded program- [28 FR 13660, Dec. 14, 1963] ming may be used only upon specific § 73.641 Subscription TV definitions. FCC authorization. Letter requests to use either the video blanking intervals (a) Subscription television. A system or aural subcarriers during periods of whereby subscription television pro- non-subscription programming are to grams are transmitted and received. be sent to the FCC in Washington, D.C. (b) Subscription television program. A (e) A licensee or permittee of a com- television boadcast program intended mercial or noncommercial TV broad- to be received in intelligible form for a cast or low power TV station may not fee or charge. transmit a subscription service if it has [52 FR 6154, Mar. 2, 1987] a contract, arrangement, or understanding expressed or implied, that: § 73.642 Subscription TV service. (1) Prevents or hinders it from reject- (a) Subscription TV service may be ing or refusing any subscription TV provided by: broadcast program that it reasonably (1) Licensees and permittees of com- believes to be unsatisfactory or unsuit- mercial and noncommercial TV sta- able or contrary to the public inter- tions, and ests; or substituting a subscription or (2) Licensees and permittees of low conventional program that, in its opin- power TV stations. ion, is of greater local or national im- (b) A licensee or permittee of a com- portance; or mercial or noncommercial TV station (2) Delegates to any other person the or a low power TV station may begin right to schedule the hours of trans- subscription TV service upon installa- mission of subscription programs. How- tion of encoding equipment having ad- ever, this rule does not prevent a li- vance FCC approval. However, the licensee or permittee from entering into censee or permittee of a TV broadcast an agreement or arrangement whereby station (not applicable to low power it agrees to schedule a specific sub- TV stations) must send a letter to the scription TV broadcast program at a FCC in Washington, DC, that subscrip- specific time or to schedule a specific tion TV service will commence at least number of hours of subscription pro- 30 days prior to commencement of such grams during the broadcast day (or service. In that letter, to be entitled segments thereof) or weeks; or ‘‘Notice of Commencement of STV Op- (3) Deprives it of the right of ulti- erations,’’ the licensee or permittee is mate decision concerning the max- to state that it will comply with the imum amount of any subscription pro- provisions of paragraphs (e)(1) through gram charge or fee. (e)(3) and § 73.644(c) of this chapter and (4) Has provisions that do not comply identify the make and type of encoding with the following policies of the FCC: system to be used. A similar notice (i) Unless a satifactory signal is un- must be submitted if the licensee or available at the location where service permittee commences using another is desired, subscription TV service type of encoding system. (See section must be provided to all persons desir- 644(h).) A notice must also be sub- ing it within the Grade A contour of mitted to the FCC in Washington, DC, the station broadcasting subscription if encoded subscription TV service is to programs. Geographic or other reason- be discontinued, at least 30 days prior able patterns of installation for new to such discontinuance. subscription services is permitted and, (c) The station proof of system com- for good cause, service may be termi- pliance measurement data (see nated. § 73.644(c)) need not be submitted to the (ii) Charges, terms and conditions of FCC, however, the measurement data service to subscribers must be applied must be available to the FCC upon re- uniformly. However, subscribers may quest. be divided into reasonable classifica- (d) The use of the visual vertical tions approved by the FCC, and the im- blanking interval or an aural subcar- positions of different sets of terms and

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conditions may be applied to sub- acceptance was granted. (See § 2.1001 scribers in different classifications. (b), (k)) Further, for good cause, within such (5) Interference to reception of con- classification, deposits may be required ventional television either of co-chan- from some subscribers and not of oth- nel or adjacent channel stations must ers; and, also for good cause, if a sub- not increase over that resulting from scription system generally uses a cred- the transmission of programming with it-type decoder, cash operated decoders normal transmission standards. may be installed for some subscribers. (6) Subscriber decoder devices must [48 FR 56392, Dec. 21, 1983, as amended at 52 meet the provisions, where required, of FR 6154, Mar. 2, 1987; 66 FR 58982, Nov. 26, subpart H of part 15 of the FCC Rules 2001] for TV Interface Devices. (c) Prior to commencing the trans- § 73.643 Subscription TV operating re- mission of encoded subscription pro- quirements. gramming, the licensee or permittee of The non-technical rules and policies a TV broadcast or low power TV sta- applicable to regular TV broadcast station must perform such tests and meas- tions are applicable to subscription TV urements to determine that the trans- operations, except where specifically mitted encoded signal conforms to the exempted in the provisions of those radiated radio frequency and demodu- rules and policies. lated baseband and waveforms, trans- [48 FR 56392, Dec. 21, 1983] mitter operating power determination, and the occupied bandwidth limita- § 73.644 Subscription TV transmission tions specified in the application for systems. advance FCC approval of the system (a) Licensees and permittees of com- being used. A copy of the measurement mercial and noncommercial TV broad- data is to be maintained in the station cast and low power TV stations may files and made available to the FCC conduct subscription operations only upon request. by using an encoding system that has (d) The licensee of a station trans- been approved in advance by the FCC. mitting an encoded subscription serv- Such advance approval may be applied ice must have at the transmitter con- for and granted in accordance with the trol point the technical specifications procedures given in subpart M part 2 of for the system being used of both the the Rules. aural and visual baseband signals and (b) The criteria for advance approval the transmitted radiofrequency sig- of subscription TV transmitting sys- nals, and have the necessary measuring tems by the FCC are as follows: and monitoring equipment, including (1) Spectral energy in the trans- transmitter output power measuring mitted signal must not exceed the lim- equi‘pment, to determine that the itations given in § 73.687(e). transmissions conform to the advance (2) No increase in width of the tele- approval specifications on file with the vision broadcast channel (6 MHz.) is FCC. Full operating specifications for permitted. the system must be available to rep- (3) The technical system must enable resentatives of the FCC upon request. stations to transmit encoded subscrip- (e) The operating power of the trans- tion TV programs without increasing mitters during encoded operations the RMS output power from either the must be determined and maintained video or audio transmitters over that according to the procedures given in required to transmit the same program the application for advance approval. material using normal transmission (f) A station using an encoding sys- standards. tem in accordance with the specifica- (4) Modification of a type accepted tions filed with the application for ad- TV broadcast or low power TV trans- vance approval is deemed to be exempt- mitter for encoded transmissions must ed from those technical regulations of not render transmitter incapable of op- this subpart and subpart H to the ex- erating in accordance with the oper- tent they are specifically detailed in ating specifications upon which type the application.

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(g) No protection from interference (b) Telecommunications service on of any kind will be afforded to recep- the VBI and in the visual signal is of tion of encoded subscription program- an ancillary nature and as such is an ming over that afforded reception of elective, subsidiary activity. No serv- non-encoded signals. ice guidelines, limitations, or perform- (h) A licensee or permittee may ance standards are applied to it. The make no modifications on a subscrip- kinds of service that may be provided tion encoding system that would alter include, but are not limited to, tele- the characteristics of the transmitted text, paging, computer software and aural or visual signal from those speci- bulk data distribution, and aural mes- fied in the application for advance ap- sages. Such services may be provided proval. A licensee or permittee of a sta- on a broadcast, point-to-point, or point tion replacing its encoding system to multipoint basis. must perform the measurements re- (c) Telecommunications services that quired by paragraph (c) of this section. are common carrier in nature are sub- A TV broadcast station licensee or per- ject to common carrier regulation. Li- censees operating such services are re- mittee must also send a letter advising quired to apply to the Commission for the FCC of the new system being used the appropriate authorization and to as required by § 73.642(b) of this chap- comply with all policies and rules ap- ter. plicable to the particular service. (i) The station licensee is fully re- (d) Television licensees are author- sponsible for all technical operations of ized to lease their VBI and visual sig- the station during transmissions of en- nal telecommunications facilities to coded subscription programming, re- outside parties. In all arrangements en- gardless of the supplier of the encoding tered into with outside parties affect- equipment or subscription program ing telecommunications service oper- service. ation, the licensee or permittee must NOTE: Stations transmitting encoded sub- retain control over all material trans- scription programming prior to October 1, mitted in a broadcast mode via the sta- 1983, must comply with all technical and option’s facilities, with the right to re- erating requirements of this Section no later ject any material that it deems inap- than April 1, 1984. Stations not having the propriate or undesirable. The licensee information to comply with this Section or permittee is also responsible for all must obtain such information from the man- aspects of technical operation involv- ufacturer of the encoding system being used, ing such telecommunications services. and if necessary, by measurements of the station’s transmission system. (e) The grant or renewal of a TV station license or permit will not be (j) Upon request by an authorized furthered or promoted by proposed or representative of the FCC, the licensee past VBI or visual signal telecommuni- of a TV station transmitting encoded cations service operation; the licensee programming must make available a must establish that its broadcast oper- receiving decoder to the Commission to ation serves the public interest wholly carry out its regulatory responsibil- apart from such telecommunications ities. service activities. (Violation of rules applicable to VBI and visual signal [48 FR 56392, Dec. 21, 1983, as amended at 57 FR 48333, Oct. 23, 1992; 66 FR 58982, Nov. 26, telecommunications services could, of 2001] course, reflect on a licensee’s qualifications to hold its license or permit.) § 73.646 Telecommunications Service (f) TV broadcast stations are author- on the Vertical Blanking Interval ized to transmit VBI and visual tele- and in the Visual Signal. communications service signals during (a) Telecommunications services per- any time period, including portions of mitted on the vertical blanking inter- the day when normal programming is val (VBI) and in the visual signal in- not broadcast. Such transmissions clude the transmission of data, proc- must be in accordance with the tech- essed information, or any other com- nical provisions of § 73.682. munication in either a digital or ana- [50 FR 4663, Feb. 1, 1985, as amended at 50 FR log mode. 9035, Mar. 6, 1985; 61 FR 36304, July 10, 1996]

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§ 73.653 Operation of TV aural and vis- the network organization, or which has ual transmitters. the same restraining effect as time The aural and visual transmitters optioning. As used in this section, time may be operated independently of each optioning is any contract, arrange- other or, if operated simultaneously, ment, or understanding, express or im- may be used with different and unre- plied, between a station and a network lated program material. organization which prevents or hinders the station from scheduling programs [54 FR 9806, Mar. 8, 1989] before the network agrees to utilize the time during which such programs are § 73.658 Affiliation agreements and network program practices; terri- scheduled, or which requires the sta- torial exclusivity in non-network tion to clear time already scheduled program arrangements. when the network organization seeks (a) Exclusive affiliation of station. No to utilize the time. license shall be granted to a television (e) Right to reject programs. No license broadcast station having any contract, shall be granted to a television broad- arrangement, or understanding, ex- cast station having any contract, ar- press or implied, with a network orga- rangement, or understanding, express nization under which the station is pre- or implied, with a network organiza- vented or hindered from, or penalized tion which, with respect to programs for, broadcasting the programs of any offered or already contracted for pursu- other network organization. (The term ant to an affiliation contract, prevents ‘‘network organization’’ as used in this or hinders the station from: section includes national and regional (1) Rejecting or refusing network pro- network organizations. See ch. VII, J, grams which the station reasonably be- of Report on Chain Broadcasting.) lieves to be unsatisfactory or unsuit- (b) Territorial exclusively. No license able or contrary to the public interest, shall be granted to a television broad- or cast station having any contract, ar- (2) Substituting a program which, in rangement, or understanding, express the station’s opinion, is of greater local or implied, with a network organiza- or national importance. tion which prevents or hinders another (f) [Reserved] broadcast station located in the same (g) Dual network operation. A tele- community from broadcasting the net- vision broadcast station may affiliate work’s programs not taken by the with a person or entity that maintains former station, or which prevents or two or more networks of television hinders another broadcast station lo- broadcast stations unless such dual or cated in a different community from multiple networks are composed of two broadcasting any program of the net- or more persons or entities that, on work organization. This section shall February 8, 1996, were ‘‘networks’’ as not be construed to prohibit any con- defined in § 73.3613(a)(1) of the Commis- tract, arrangement, or understanding sion’s regulations (that is, ABC, CBS, between a station and a network orga- Fox, and NBC). nization pursuant to which the station (h) Control by networks of station rates. is granted the first call in its commu- No license shall be granted to a tele- nity upon the programs of the network vision broadcast station having any organization. As employed in this para- contract, arrangement, or under- graph, the term ‘‘community’’ is de- standing, express or implied, with a fined as the community specified in the network organization under which the instrument of authorization as the lo- station is prevented or hindered from, cation of the station. or penalized for, fixing or altering its (c) [Reserved] rates for the sale of broadcast time for (d) Station commitment of broadcast other than the network’s programs. time. No license shall be granted to a (i) No license shall be granted to a television broadcast station having any television broadcast station which is contract, arrangement, or under- represented for the sale of non-network standing, express or implied, with any time by a network organization or by network organization, which provides an organization directly or indirectly for optioning of the station’s time to controlled by or under common control

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with a network organization, if the sta- NOTE 1: Contracts, arrangements, or under- tion has any contract, arrangement or standings that are complete under the prac- understanding, express or implied, tices of the industry prior to August 7, 1973, will not be disturbed. Extensions or renewals which provides for the affiliation of the of such agreements are not permitted be- station with such network organiza- cause they would in effect be new agree- tion: Provided, however, That this rule ments without competitive bidding. How- shall not be applicable to stations li- ever, such agreements that were based on censed to a network organization or to the broadcaster’s advancing ‘‘seed money’’ a subsidiary of a network organization. for the production of a specific program or series that specify two time periods—a try- (j)–(l) [Reserved] out period and period thereafter for general (m) Territorial exclusivity in non-net- exhibition—may be extended or renewed as work arrangements. (1) No television contemplated in the basic agreement. station shall enter into any contract, NOTE 2: It is intended that the top 100 arrangement, or understanding, ex- major television markets listed in § 76.51 of pressed or implied; with a non-network this chapter shall be used for the purposes of program producer, distributor, or sup- this rule and that the listing of the top 100 television markets appearing in the ARB plier, or other person; which prevents Television Market Analysis shall not be or hinders another television station used. The reference in this rule to the listing located in a community over 56.3 kilo- of markets in the ARB Television Market meters (35 miles) away, as determined Analysis refers to hyphenated markets below by the reference points contained in the top-100 markets contained in the ARB § 76.53 of this chapter, (if reference Television Market Analysis. If a community points for a community are not listed is listed in a hyphenated market in § 76.51 and is also listed in one of the markets in in § 76.53, the location of the main post the ARB listing, the listing in § 76.51 shall office will be used) from broadcasting govern. any program purchased by the former NOTE 3: The provisions of this paragraph station from such non-network pro- apply only to U.S. commercial television gram producer, distributor, supplier, or broadcast stations in the 50 states, and not other person, except that a television to stations in Puerto Rico or the Virgin Is- station may secure exclusivity against lands, foreign stations or noncommercial a television station licensed to another educational television or ‘‘public’’ television stations (either by way of restrictions on designated community in a hyphenated their exclusivity or on exclusivity against market specified in the market listing them). as contained in § 76.51 of this chapter NOTE 4: New stations authorized in any for those 100 markets listed, and for community of a hyphenated market listed in markets not listed in § 76.51 of this § 76.51 of this chapter or in any community of chapter, the listing as contained in the a hyphenated market listed in the ARB Tele- Nielsen Media Research DMA Rankings vision Market Analysis (for markets below the top-100 markets) are subject to the same for the most recent year at the time rules as previously existing stations therein. that the exclusivity contract, arrange- New stations authorized in other commu- ment or understanding is complete nities are considered stations in separate under practices of the industry. As markets unless and until § 76.51 is amended used in this paragraph, the term by Commission action, or the ARB listing is ‘‘community’’ is defined as the commu- changed. nity specified in the instrument of au- (Sec. 5, 48 Stat. 1068 (47 U.S.C. 155)) thorization as the location of the sta- [28 FR 13660, Dec. 14, 1963] tion. (2) Notwithstanding paragraph (m)(1) EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.658, see the List of CFR of this section, a television station Sections Affected, which appears in the may enter into a contract, arrange- Finding Aids section of the printed volume ment, or understanding with a pro- and at www.govinfo.gov. ducer, supplier, or distributor of a non- network program if that contract, ar- §§ 73.659–73.663 [Reserved] rangement, or understanding provides that the broadcast station has exclu- § 73.664 Determining operating power. sive national rights such that no other (a) The operating power of each TV television station in the United States visual transmitter shall normally be may broadcast the program. determined by the direct method.

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(b) Direct method, visual transmitter. by the antenna. These readings must The direct method of power determina- be in substantial agreement. tion for a TV visual transmitter uses (3) The meter must be calibrated the indications of a calibrated trans- with the transmitter operating at 80%, mission line meter (responsive to peak 100%, and 110% of the authorized power power) located at the RF output termi- as often as may be necessary to main- nals of the transmitter. The indica- tain its accuracy and ensure correct tions of the calibrated meter are used transmitter operating power. In cases to observe and maintain the authorized where the transmitter is incapable of operating power of the visual trans- operating at 110% of the authorized mitter. This meter must be calibrated power output, the calibration may be whenever any component in the meter- made at a power output between 100% ing circuit is repaired or replaced and and 110% of the authorized power out- as often as necessary to ensure oper- put. However, where this is done, the ation in accordance with the provisions output meter must be marked at the of § 73.1560 of this part. The following point of calibration of maximum power calibration procedures are to be used: output, and the station will be deemed (1) The transmission line meter is to be in violation of this rule if that power is exceeded. The upper and lower calibrated by measuring the average limits of permissible power deviation power at the output terminals of the as determined by the prescribed cali- transmitter, including any vestigial bration, must be shown upon the meter sideband and harmonic filters which either by means of adjustable red may be used in normal operation. For markers incorporated in the meter or this determination the average power by red marks placed upon the meter output is measured while operating scale or glass face. These markings into a dummy load of substantially must be checked and changed, if nec- zero reactance and a resistance equal essary, each time the meter is cali- to the transmission line characteristic brated. impedance. During this measurement (c) Indirect method, visual transmitter. the transmitter is to be modulated The operating power is determined by only by a standard synchronizing sig- the indirect method by applying an ap- nal with blanking level set at 75% of propriate factor to the input power to peak amplitude as observed in an out- the final radio-frequency amplifier put waveform monitor, and with this stage of the transmitter using the fol- blanketing level amplitude maintained lowing formula: throughout the time interval between synchronizing pulses. Transmitter output power = Ep × Ip × F (2) If electrical devices are used to Where: determine the output power, such de- Ep = DC input voltage of the final radio-fre- vices must permit determination of quency amplifier stage. this power to within an accuracy of Ip = DC input current of the final radio-fre- ±5% of the power indicated by the full quency amplifier stage. scale reading of the electrical indi- F = Efficiency factor. cating instrument of the device. If (1) If the above formula is not appro- temperature and coolant flow indi- priate for the design of the transmitter cating devices are used to determine final amplifier, use a formula specified the power output, such devices must by the transmitter manufacturer with permit determination of this power to other appropriate operating param- within an accuracy of ±4% of measured eters. average power output. The peak power (2) The value of the efficiency factor, output is the power so measured in the F established for the authorized trans- dummy load multiplied by the factor mitter output power is to be used for 1.68. During this measurement the maintaining the operating power, even input voltage and current to the final though there may be some variation in radio frequency amplifier stage and the F over the power operating range of the transmission line meter are to be read transmitter. and compared with similar readings (3) The value of F is to be determined taken with the dummy load replaced and a record kept thereof by one of the

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following procedures listed in order of program alerting and program identi- preference: fication. (i) Using the most recent measure- (d) Subsidiary communications serv- ment data for calibration of the trans- ices. mission line meter according to the procedures described in paragraph (b) [49 FR 18105, Apr. 27, 1984] of this section or the most recent measurements made by the licensee es- § 73.667 TV subsidiary communications services. tablishing the value of F. In the case of composite transmitters or those in (a) Subsidiary communications serv- which the final amplifier stages have ices are those transmitted within the been modified pursuant to FCC ap- TV aural baseband signal, but do not proval, the licensee must furnish the include services which enhance the FCC and also retain with the station main program broadcast service or ex- records the measurement data used as clusively relate to station operations a basis for determining the value of F. (see § 73.665(a), (b), and (c)). Subsidiary (ii) Using measurement data shown communications include, but are not on the transmitter manufacturer’s test limited to, services such as functional data supplied to the licensee, provided music, specialized foreign language that measurements were made at the programs, radio reading services, util- authorized carrier frequency and trans- ity load management, market and fi- mitter output power. nancial data and news, paging and call- (iii) Using the transmitter manufac- ing, traffic control signal switching, turer’s measurement data submitted to and point-to-point or multipoint mes- the FCC for type acceptance as shown sages. in the instruction book supplied to the (b) TV subsidiary communications licensee. services that are common carrier or NOTE: Refer to § 73.1560 for aural trans- private radio in nature are subject to mitter output power levels. common carrier or private radio regu- [44 FR 58732, Oct. 11, 1979, as amended at 48 lation. Licensees operating such serv- FR 44805, Sept. 30, 1983; 49 FR 4210, Feb. 3, ices are required to apply to the FCC 1984; 49 FR 22092, May 25, 1984; 49 FR 49851, for the appropriate authorization and Dec. 24, 1984; 50 FR 26568, June 27, 1985; 54 FR to comply with all policies and rules 9806, Mar. 8, 1989. Redesignated at 58 FR applicable to the service. Responsi- 62555, Nov. 29, 1993] bility for making the initial deter- § 73.665 Use of TV aural baseband sub- minations of whether a particular ac- carriers. tivity requires separate authority rests with the TV station licensee or per- Licensees of TV broadcast stations mittee. Initial determinations by li- may transmit, without further authorization from the FCC, subcarriers and censees or permittees are subject to signals within the composite baseband FCC examination and may be reviewed for the following purposes: at the FCC’s discretion. (a) Stereophonic (biphonic, (c) Subsidiary communications serv- quadraphonic, etc.) sound programs ices are of a secondary nature under under the provisions of §§ 73.667 and the authority of the TV station author- 73.669. ization, and the authority to provide (b) Transmission of signals relating such communications services may not to the operation of TV stations, such as be retained or transferred in any man- relaying broadcast materials to other ner separate from the station’s author- stations, remote cueing and order mes- ization. The grant or renewal of a TV sages, and control and telemetry sig- station permit or license is not nals for the transmitting system. furthered or promoted by proposed or (c) Transmission of pilot or control past subsidiary communications serv- signals to enhance the station’s pro- ices. The permittee or licensee must gram service such as (but not re- establish that the broadcast operation stricted to) activation of noise reduc- is in the public interest wholly apart tion decoders in receivers, for any from the subsidiary communications other receiver control purpose, or for services provided.

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(d) The station identification, de- (b) The display of Internet Web site layed recording, and sponsor identifica- addresses during program material or tion announcement required by promotional material not counted as §§ 73.1201, 73.1208, and 73.1212 are not ap- commercial time is permitted only if plicable to leased communications the Web site: services transmitted via services that (1) Offers a substantial amount of are not of a general broadcast nature. bona fide program-related or other (e) The licensee or permittee must noncommercial content; retain control over all material trans- (2) Is not primarily intended for committed in a broadcast mode via the sta- mercial purposes, including either e- tion’s facilities, with the right to re- commerce or advertising; ject any material that it deems inap- (3) The Web site’s home page and propriate or undesirable. other menu pages are clearly labeled to [49 FR 18105, Apr. 27, 1984, as amended at 49 distinguish the noncommercial from FR 27147, July 2, 1984; 56 FR 49707, Oct. 1, the commercial sections; and 1991] (4) The page of the Web site to which viewers are directed by the Web site § 73.669 TV stereophonic aural and address is not used for e-commerce, ad- multiplex subcarrier operation. vertising, or other commercial pur- (a) A TV broadcast station may with- poses (e.g., contains no links labeled out specific authority from the FCC, ‘‘store’’ and no links to another page transmit multichannel aural programs with commercial material). upon installation of multichannel (c) If an Internet address for a Web sound equipment. Prior to commence- site that does not meet the test in ment of multichannel broadcasting, paragraph (b) of this section is dis- the equipment shall be measured in ac- played during a promotion in a chil- cordance with § 73.1690(e). dren’s program, in addition to counting (b) Multiplex subcarriers may be used against the commercial time limits in by a TV station pursuant to the provi- paragraph (a) of this section the pro- sions of § 73.665 and may be transmitted motion must be clearly separated from on a secondary, non-interference basis program material. to broadcast programming without spe- (d)(1) Entities subject to commercial cific authority from the FCC. Trans- time limits under the Children’s Tele- missions must be conducted in accord- vision Act shall not display a Web site ance with the technical standards address during or adjacent to a pro- given in § 73.682(c). gram if, at that time, on pages that are (c) In all arrangements entered into primarily devoted to free noncommer- with outside parties affecting non-com- cial content regarding that specific mon carrier subcarrier operation, the program or a character appearing in licensee or permittee must retain con- that program: trol over all material transmitted over (i) Products are sold that feature a the station’s facilities, with the right character appearing in that program; to reject any material which is deemed or inappropriate or undesirable. Sub- (ii) A character appearing in that channel leasing arrangements must be program is used to actively sell prod- kept in writing at the station and ucts. made available to the FCC upon re- (2) The requirements of this para- quest. graph do not apply to: [49 FR 18106, Apr. 27, 1984] (i) Third-party sites linked from the companies’ Web pages; § 73.670 Commercial limits in chil- (ii) On-air third-party advertisements dren’s programs. with Web site references to third-party (a) No commercial television broad- Web sites; or cast station licensee shall air more (iii) Pages that are primarily devoted than 10.5 minutes of commercial mat- to multiple characters from multiple ter per hour during children’s program- programs. ming on weekends, or more than 12 NOTE 1: Commercial matter means air time minutes of commercial matter per sold for purposes of selling a product or serv- hour on weekdays. ice and promotions of television programs or

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video programming services other than chil- specials and regularly scheduled non- dren’s or other age-appropriate programming weekly programming, and have that appearing on the same channel or pro- programming count as Core Program- motions for children’s educational and informing, as described in paragraph (d) of mational programming on any channel. NOTE 2: For purposes of this section, chil- this section; dren’s programming refers to programs origi- (4) It is at least 30 minutes in length, nally produced and broadcast primarily for except that a licensee may air a lim- an audience of children 12 years old and ited amount of short-form program- younger. ming, including public service an- [70 FR 36, Jan. 3, 2005, as amended at 71 FR nouncements and interstitials, and 64164, Nov. 1, 2006] have that programming count as Core Programming, as described in para- § 73.671 Educational and informational graph (d) of this section; programming for children. (5) The program is identified as spe- (a) Each commercial and non- cifically designed to educate and in- commercial educational television form children by the display on the tel- broadcast station licensee has an obli- evision screen throughout the program gation to serve, over the term of its li- of the symbol E/I; cense, the educational and informa- (6) The target child audience is speci- tional needs of children through both fied in writing in the licensee’s Chil- the licensee’s overall programming and dren’s Television Programming Report, programming specifically designed to as described in § 73.3526(e)(11)(iii); and serve such needs. (7) Instructions for listing the pro- (b) Any special nonbroadcast efforts gram as educational/informational, in- which enhance the value of children’s cluding an indication of the age group educational and informational tele- for which the program is intended, are vision programming, and any special provided by the licensee to publishers effort to produce or support edu- of program guides, as described in cational and informational television § 73.673. programming by another station in the (d) The Commission will apply the licensee’s marketplace, may also con- processing guideline in this paragraph tribute to meeting the licensee’s obli- (d) to digital stations in assessing gation to serve, over the term of its li- whether a television broadcast licensee cense, the educational and informa- has complied with the Children’s Tele- tional needs of children. vision Act of 1990 (‘‘CTA’’) on its dig- (c) For purposes of this section, edu- ital channel(s). A digital television li- cational and informational television censee will be deemed to have satisfied programming is any television pro- its obligation to air such programming gramming that furthers the edu- and shall have the CTA portion of its cational and informational needs of license renewal application approved children 16 years of age and under in by the Commission staff if it has aired: any respect, including the child’s intel- At least three hours per week of Core lectual/cognitive or social/emotional Programming (as defined in paragraph needs. Programming specifically de- (c) of this section and as averaged over signed to serve the educational and in- a six-month period), or a total of 156 formational needs of children (‘‘Core hours of Core Programming annually, Programming’’) is educational and in- including at least 26 hours per quarter formational programming that satis- of regularly scheduled weekly pro- fies the following additional criteria: gramming and up to 52 hours annually (1) It has serving the educational and of Core Programming of at least 30 informational needs of children ages 16 minutes in length that is not regularly and under as a significant purpose; scheduled weekly programming, such (2) It is aired between the hours of as educational specials and regularly 6:00 a.m. and 10:00 p.m.; scheduled non-weekly programming. A (3) It is a regularly scheduled weekly licensee will also been deemed to have program, except that a licensee may satisfied the obligation in this para- air a limited amount of programming graph (d) and be eligible for such staff that is not regularly scheduled on a approval if it has aired a total of 156 weekly basis, including educational hours of Core Programming annually,

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including at least 26 hours per quarter EFFECTIVE DATE NOTE: At 84 FR 73.671, of regularly scheduled weekly pro- Aug. 16, 2019, § 73.671 was amended by revising gramming and up to 52 hours of Core paragraphs (c)(5) and (7) and adding para- Programming that is not regularly graphs (e)(1) and (2), effective upon publication of a rule document in the Federal Reg- scheduled on a weekly basis, such as ister announcing the effective date. For the educational specials and regularly convenience of the user, the added and rescheduled non-weekly programming, vised text is set forth as follows: and short-form programs of less than 30 minutes in length, including public § 73.671 Educational and informational programming for children. service announcements and interstitials. Licensees that multicast are permitted to air up to 13 hours per * * * * * quarter of regularly scheduled weekly (c) * * * programming on a multicast stream. (5) For commercial broadcast stations The remainder of a station’s Core Pro- only, the program is identified as specifi- gramming must be aired on the sta- cally designed to educate and inform chil- tion’s primary stream. Licensees that dren by the display on the television screen do not meet the processing guidelines throughout the program of the symbol E/I; in this paragraph (d) will be referred to the Commission, where they will have * * * * * full opportunity to demonstrate com- (7) Instructions for listing the program as pliance with the CTA by relying in part educational/informational are provided by on sponsorship of Core educational/in- the licensee to publishers of program guides, formational programs on other sta- as described in § 73.673. tions in the market that increases the amount of Core educational and infor- * * * * * mational programming on the station airing the sponsored program and/or on (e) * * * special non-broadcast efforts which en- (1) A station that preempts an episode of a regularly scheduled weekly Core Program on hance the value of children’s edu- its primary stream will be permitted to air cational and informational television the rescheduled episode on its primary programming. stream at any time during Core Program- (e) A station that preempts an epi- ming hours within seven days before or seven sode of a regularly scheduled weekly days after the date the episode was origi- Core Program will be permitted to nally scheduled to air. The broadcast station count the episode toward the proc- must make an on-air notification of the schedule change during the same time slot as essing guidelines set forth in paragraph the preempted episode. If a station intends (d) of this section as follows: to air the rescheduled episode within the (1)–(2) [Reserved] seven days before the date the episode was (3) A station that preempts an epi- originally scheduled to air, the station must sode of a regularly scheduled weekly make the on-air notification during the same Core Program to air non-regularly timeslot as the preceding week’s episode of scheduled live programming produced that program. If the station intends to air the rescheduled episode within the seven locally by the station will not be re- days after the date the preempted episode quired to reschedule the episode. was originally scheduled to air, the station must make the on-air notification during the NOTE 1 TO § 73.671: For purposes of deter- timeslot when the preempted episode was mining under this section whether program- originally scheduled to air. The on-air notifi- ming has a significant purpose of serving the cation must include the alternate date and educational and informational needs of chil- time when the program will air. dren, the Commission will ordinarily rely on the good faith judgments of the licensee. (2) A station that preempts an episode of a Commission review of compliance with that regularly scheduled weekly Core Program on element of the definition will be done only as a multicast stream will be permitted to air a last resort. the rescheduled episode on that same multicast stream at any time during Core [56 FR 19616, Apr. 29, 1991. Redesignated at 56 Programming hours within seven days before FR 28825, June 25, 1991, as amended at 61 FR or seven days after the date the episode was 43997, Aug. 27, 1996; 70 FR 37, Jan. 3, 2005; 71 originally scheduled to air. The broadcast FR 64165, Nov. 1, 2006; 83 FR 5544, Feb. 8, 2018; station must make an on-air notification of 84 FR 41934, Aug. 16, 2019] the schedule change during the same time

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slot as the preempted episode. If a station in- the antenna height above the average tends to air the rescheduled episode within terrain. In some cases less than 8 direc- the seven days before the date the episode tions may be used. See § 73.684(d)). was originally scheduled to air, the station must make the on-air notification during the Where circular or elliptical polariza- same timeslot as the preceding week’s epi- tion is employed, the antenna height sode of that program. If the station intends above average terrain shall be based to air the rescheduled episode within the upon the height of the radiation center seven days after the date the preempted epi- of the antenna which transmits the sode was originally scheduled to air, the sta- horizontal component of radiation. tion must make the on-air notification dur- Antenna mechanical beam tilt. The in- ing the timeslot when the preempted episode tentional installation of a transmitting was originally scheduled to air. The on-air notification must include the alternate date antenna so that its axis is not vertical, and time when the program will air. in order to change the normal angle of maximum radiation in the vertical * * * * * plane. Antenna power gain. The square of the § 73.672 [Reserved] ratio of the root-mean-square free space field strength produced at 1 kilo- § 73.673 Public information initiatives meter in the horizontal plane, in regarding educational and informa- millivolts per meter for one kW an- tional programming for children. tenna input power to 221.4 mV/m. This Each commercial television broad- ratio should be expressed in decibels cast station licensee shall provide in- (dB). (If specified for a particular direc- formation identifying programming tion, antenna power gain is based on specifically designed to educate and in- the field strength in that direction form children to publishers of program only.) guides. Such information shall include Aspect ratio. The ratio of picture an indication of the age group for width to picture height as transmitted. which the program is intended. Aural center frequency. (1) The aver- [70 FR 9877, Mar. 1, 2005] age frequency of the emitted wave when modulated by a sinusoidal signal; EFFECTIVE DATE NOTE: At 84 FR 41935, Aug. (2) the frequency of the emitted wave 16, 2019, § 73.673 was amended by removing the second sentence, effective upon publication without modulation. of a rule document in the Federal Register Aural transmitter. The radio equip- announcing the effective date. ment for the transmission of the aural signal only. § 73.681 Definitions. Auxiliary facility. An auxiliary facil- Amplitude modulation (AM). A system ity is an antenna separate a from the of modulation in which the envelope of main facility’s antenna, permanently the transmitted wave contains a com- installed on the same tower or at a dif- ponent similar to the wave form of the ferent location, from which a station signal to be transmitted. may broadcast for short periods with- Antenna electrical beam tilt. The shap- out prior Commission authorization or ing of the radiation pattern in the notice to the Commission while the vertical plane of a transmitting an- main facility is not in operation (e.g., tenna by electrical means so that max- where tower work necessitates turning imum radiation occurs at an angle off the main antenna or where light- below the horizontal plane. ning has caused damage to the main Antenna height above average terrain. antenna or transmission system) (See The average of the antenna heights § 73.1675). above the terrain from approximately BTSC. Broadcast Television systems 3.2 (2 miles) to 16.1 kilometers (10 committee recommendation for multi- miles) from the antenna for the eight channel television sound transmission directions spaced evenly for each 45 de- and audio processing as defined in FCC grees of azimuth starting with True Bulletin OET 60. North. (In general, a different antenna Baseband. Aural transmitter input height will be determined in each di- signals between 0 and 120 kHz. rection from the antenna. The average Blanking level. The level of the signal of these various heights is considered during the blanking interval, except

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the interval during the scanning syn- the absence of waves reflected from the chronizing pulse and the chrominance earth or other reflecting objects. subcarrier synchronizing burst. Frequency departure. The amount of Chrominance. The colorimetric dif- variation of a carrier frequency or cen- ference between any color and a ref- ter frequency from its assigned value. erence color of equal luminance, the Frequency deviation. The peak dif- reference color having a specific chro- ference between the instantaneous fre- maticity. quency of the modulated wave and the Chrominance subcarrier. The carrier carrier frequency. which is modulated by the chro- Frequency modulation (FM). A system minance information. of modulation where the instantaneous Color transmission. The transmission radio frequency varies in proportion to of color television signals which can be the instantaneous amplitude of the reproduced with different values of modulating signal (amplitude of modu- hue, saturation, and luminance. lating signal to be measured after pre- Effective radiated power. The product emphasis, if used) and the instanta- of the antenna input power and the an- neous radio frequency is independent of tenna power gain. This product should the frequency of the modulating signal. be expressed in kW and in dB above 1 Frequency swing. The peak difference kW (dBk). (If specified for a particular between the maximum and the min- direction, effective radiated power is imum values of the instantaneous fre- based on the antenna power gain in quency of the carrier wave during mod- that direction only. The licensed effec- ulation. tive radiated power is based on the Interlaced scanning. A scanning proc- maximum antenna power gain. When a ess in which successively scanned lines station is authorized to use a direc- are spaced an integral number of line tional antenna or an antenna beam widths, and in which the adjacent lines tilt, the direction of the maximum ef- are scanned during successive cycles of fective radiated power will be speci- the field frequency. fied.) Where circular or elliptical polar- IRE standard scale. A linear scale for ization is employed, the term effective measuring, in IRE units, the relative radiated power is applied separately to amplitudes of the components of a tele- the horizontally and vertically polar- vision signal from a zero reference at ized components of radiation. For as- blanking level, with picture informa- signment purposes, only the effective tion falling in the positive, and syn- radiated power authorized for the hori- chronizing information in the negative zontally polarized component will be domain. considered. NOTE: When a carrier is amplitude modu- Equivalent isotropically radiated power lated by a television signal in accordance (EIRP). The term ‘‘equivalent with § 73.682, the relationship of the IRE isotropically radiated power’’ (also standard scale to the conventional measure known as ‘‘effective radiated power of modulation is as follows: above isotropic’’) means the product of IRE stand- Modulation the antenna input power and the an- Level ard scale percentage tenna gain in a given direction relative (units) to an isotropic antenna. Zero carrier ...... 120 0 Field. Scanning through the picture Reference white ...... 100 12.5 area once in the chosen scanning pat- Blanking ...... 0 75 Synchronizing peaks (maximum tern. In the line interlaced scanning carrier level) ...... ¥40 100 pattern of two to one, the scanning of the alternate lines of the picture area Luminance. Luminous flux emitted, once. reflected, or transmitted per unit solid Frame. Scanning all of the picture angle per unit projected area of the area once. In the line interlaced scan- source. ning pattern of two to one, a frame Main channel. The band of fre- consists of two fields. quencies from 50 to 15,000 Hertz which Free space field strength. The field frequency modulate the main aural strength that would exist at a point in carrier.

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Monochrome transmission. The trans- tones, determined by the process of mission of television signals which can scanning. be reproduced in gradations of a single Standard television signal. A signal color only. which conforms to the television trans- Multichannel Television Sound (MTS). mission standards. Any system of aural transmission that Synchronization. The maintenance of utilizes aural baseband operation be- one operation in step with another. tween 15 kHz and 120 kHz to convey in- Television broadcast band. The fre- formation or that encodes digital infor- quencies in the band extending from 54 mation in the video portion of the tele- to 806 megahertz which are assignable vision signal that is intended to be decoded as audio information. to television broadcast stations. These Multiplex Transmission (Aural). A sub- frequencies are 54 to 72 megahertz channel added to the regular aural car- (channels 2 through 4), 76 to 88 mega- rier of a television broadcast station by hertz (channels 5 and 6), 174 to 216 means of frequency modulated subcar- megahertz (channels 7 through 13), and riers. 470 to 806 megahertz (channels 14 Negative transmission. Where a de- through 69). crease in initial light intensity causes Television broadcast station. A station an increase in the transmitted power. in the television broadcast band trans- Peak power. The power over a radio mitting simultaneous visual and aural frequency cycle corresponding in am- signals intended to be received by the plitude to synchronizing peaks. general public. Percentage modulation. As applied to Television channel. A band of fre- frequency modulation, the ratio of the quencies 6 MHz wide in the television actual frequency deviation to the fre- broadcast band and designated either quency deviation defined as 100% mod- by number or by the extreme lower and ulation expressed in percentage. For upper frequencies. the aural transmitter of TV broadcast Television transmission standards. The stations, a frequency deviation of ±25 standards which determine the charac- kHz is defined as 100% modulation. teristics of a television signal as radi- Pilot subcarrier. A subcarrier used in the reception of TV stereophonic aural ated by a television broadcast station. or other subchannel broadcasts. Television transmitter. The radio Polarization. The direction of the transmitter or transmitters for the electric field as radiated from the transmission of both visual and aural transmitting antenna. signals. Program related data signal. A signal, Vestigial sideband transmission. A sys- consisting of a series of pulses rep- tem of transmission wherein one of the resenting data, which is transmitted si- generated sidebands is partially at- multaneously with and directly related tenuated at the transmitter and radi- to the accompanying television pro- ated only in part. gram. Visual carrier frequency. The fre- Reference black level. The level cor- quency of the carrier which is modu- responding to the specified maximum lated by the picture information. excursion of the luminance signal in Visual transmitter. The radio equip- the black direction. ment for the transmission of the visual Reference white level of the luminance signal only. signal. The level corresponding to the Visual transmitter power. The peak specified maximum excursion of the luminance signal in the white direction. power output when transmitting a Scanning. The process of analyzing standard television signal. successively, according to a predeter- [28 FR 13660, Dec. 14, 1963] mined method, the light values of picture elements constituting the total EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.681, see the List of CFR picture area. Sections Affected, which appears in the Scanning line. A single continuous Finding Aids section of the printed volume narrow strip of the picture area con- and at www.govinfo.gov. taining highlights, shadows, and half-

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§ 73.682 TV transmission standards. (ii) Color transmissions shall comply (a) Transmission standards. (1) The with the synchronizing waveform spec- width of the television broadcast chan- ifications in Figure 6 of § 73.699. nel shall be 6 MHz. (iii) All stations operating on Chan- (2) The visual carrier frequency shall nels 2 through 14 and those stations op- be nominally 1.25 MHz above the lower erating on Channels 15 through 69 li- boundary of the channel. censed for a peak visual transmitter (3) The aural center frequency shall output power greater than one kW be 4.5 MHz higher than the visual car- shall comply with the picture trans- rier frequency. mission amplitude characteristics (4) The visual transmission ampli- shown in Figure 5 of § 73.699. tude characteristic shall be in accord- (iv) Stations operating on Channels ance with the chart designated as Fig- 15 through 69 licensed for a peak visual ure 5 of § 73.699: Provided, however, That transmitter output power of one kW or for stations operating on Channel 15 less shall comply with the picture through 69 and employing a trans- transmission amplitude characteristic mitter with maximum peak visual shown in Figure 5 or 5a of § 73.699. power output of 1 kW or less the visual (10) A decrease in initial light inten- transmission amplitude characteristic sity shall cause an increase in radiated may be in accordance with the chart power (negative transmission). designated as Figure 5a of § 73.699. (11) The reference black level shall be (5) The chrominance subcarrier fre- represented by a definite carrier level, quency is 63/88 times precisely 5 MHz independent of light and shade in the (3.57954545 . . . MHz). The tolerance is picture. ±10 Hz and the rate of frequency drift (12) The blanking level shall be trans- must not exceed 0.1 Hz per second (cy- mitted at 75±2.5 percent of the peak cles per second squared). (6) For monochrome and color trans- carrier level. missions the number of scanning lines (13) The reference white level of the ± per frame shall be 525, interlaced two luminance signal shall be 12.5 2.5 per- to one in successive fields. The hori- cent of the peak carrier level. zontal scanning frequency shall be 2/455 (14) It shall be standard to employ times the chrominance subcarrier fre- horizontal polarization. However, cir- quency; this corresponds nominally to cular or elliptical polarization may be 15,750 Hz with an actual value of employed if desired, in which case 15,734.264 ±0.044 Hz). The vertical scan- clockwise (right hand) rotation, as de- ning frequency is 2/525 times the hori- fined in the IEEE Standard Definition zontal scanning frequency; this cor- 42A65–3E2, and transmission of the hor- responds nominally to 60 Hz (the actual izontal and vertical components in value is 59.94 Hz). For monochrome time and space quadrature shall be transmissions only, the nominal values used. For either omnidirectional or di- of line and field frequencies may be rectional antennas the licensed effec- used. tive radiated power of the vertically (7) The aspect ratio of the trans- polarized component may not exceed mitted television picture shall be 4 the licensed effective radiated power of units horizontally to 3 units vertically. the horizontally polarized component. (8) During active scanning intervals, For directional antennas, the max- the scene shall be scanned from left to imum effective radiated power of the right horizontally and from top to bot- vertically polarized component shall tom vertically, at uniform velocities. not exceed the maximum effective ra- (9) A carrier shall be modulated with- diated power of the horizontally polar- in a single television channel for both ized component in any specified hori- picture and synchronizing signals. The zontal or vertical direction. two signals comprise different modula- (15) The effective radiated power of tion ranges in amplitude in accordance the aural transmitter must not exceed with the following: 22% of the peak radiated power of the (i) Monochrome transmissions shall visual transmitter. comply with synchronizing waveform (16) The peak-to-peak variation of specifications in Figure 7 of § 73.699. transmitter output within one frame of

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video signal due to all causes, includ- EY′ is the gamma-corrected voltage of the ing hum, noise, and low-frequency re- monochrome (black-and-white) portion sponse, measured at both scanning syn- of the color picture signal, corresponding chronizing peak and blanking level, to the given picture element. shall not exceed 5 percent of the aver- NOTE: Forming of the high frequency por- age scanning synchronizing peak signal tion of the monochrome signal in a different amplitude. This provision is subject to manner is permissible and may in fact be desirable in order to improve the sharpness on change but is considered the best prac- saturated colors. tice under the present state of the art. ′ ′ It will not be enforced pending a fur- EQ and EI are the amplitudes of two or- ther determination thereof. thogonal components of the chrominance signal corresponding respectively to narrow- (17) The reference black level shall be band and wide-band axes. separated from the blanking level by ER′, EG′, and EB′ are the gamma-corrected the setup interval, which shall be voltages corresponding to red, green, and 7.5±2.5 percent of the video range from blue signals during the scanning of the given blanking level to the reference white picture element. level. w is the angular frequency and is 2 times (18) For monochrome transmission, the frequency of the chrominance subcarrier. The portion of each expression between the transmitter output shall vary in brackets in (i) represents the chrominance substantially inverse logarithmic rela- subcarrier signal which carries the chro- tion to the brightness of the subject. minance information. No tolerances are set at this time. This The phase reference in the EM equation in provision is subject to change but is (i) is the phase of the burst + 180°, as shown considered the best practice under the in Figure 8 of § 73.699. The burst corresponds present state of the art. It will not be to amplitude modulation of a continuous enforced pending a further determina- sine wave. tion thereof. (iii) The equivalent bandwidth as- (19) The color picture signal shall signed prior to modulation to the color correspond to a luminance component difference signals EQ′ and EI′ are as fol- transmitted as amplitude modulation lows: of the picture carrier and a simulta- Q-channel bandwidth: neous pair of chrominance components At 400 kHz less than 2 dB down. transmitted as the amplitude modula- At 500 kHz less than 6 dB down. tion sidebands of a pair of suppressed At 600 kHz at least 6 dB down. subcarriers in quadrature. I-channel bandwidth: (20) Equation of complete color sig- At 1.3 MHz less than 2 dB down. nal. At 3.6 MHz at least 20 dB down. (i) The color picture signal has the (iv) The gamma corrected voltages following composition: ER′, EG′, and EB′ are suitable for a color picture tube having primary colors EM=EY′ + [EQ′ sin (wt + 33°) + EI′ cos (wt + 33°)] with the following chromaticities in the CIE system of specification: Where: x y EQ′ = 0.41(EB′¥EY′) + 0.48(ER′¥EY′). EI′=¥0.27(EB′¥EY′) + 0.74(ER′¥EY′). Red (R) ...... 0.67 0.33 EY′ = 0.30ER′ + 0.59EG′ + 0.¥1EB′. Green (G) ...... 0.21 0.71 Blue (B) ...... 0.14 0.08 For color-difference frequencies below 500 kHz (see (iii) below), the signal can and having a transfer gradient (gamma be represented by: exponent) of 2.2 associated with each primary color. The voltages ER′, EG′, E =E ′ + [(1/1.14)[(1/1.78)(E ′¥E ′) sin t M Y B Y w and EB′ may be respectively of the form + (E ′¥E ′) cos t]] 1 1 1 R Y w ER /g, EG /g, and EB /g although other (ii) The symbols in paragraph forms may be used with advances in (a)(20)(i) of this section have the fol- the state of the art. lowing significance: NOTE: At the present state of the art it is EM is the total video voltage, corresponding considered inadvisable to set a tolerance on to the scanning of a particular picture the value of gamma and correspondingly this element, applied to the modulator of the portion of the specification will not be en- picture transmitter. forced.

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(v) The radiated chrominance subcar- (ii) The use of such signals shall not rier shall vanish on the reference white result in significant degradation of the of the scene. program transmission of the television

NOTE: The numerical values of the signal broadcast station, nor produce emis- specification assume that this condition will sion outside of the frequency band oc- be reproduced as CIE Illuminant C (x = 0.310, cupied for normal program trans- y = 0.316). missions. (iii) Such signals may not be trans- (vi) EY′, EQ′, EI′, and the components of these signals shall match each other mitted during that portion of each line in time to 0.05 μsecs. devoted to horizontal blanking. (vii) The angles of the subcarrier (iv) Regardless of other provisions of measured with respect to the burst this paragraph, after June 30, 1994, Line phase, when reproducing saturated pri- 19, in each field, may be used only for maries and their complements at 75 the transmission of the ghost-canceling percent of full amplitude, shall be reference signal described in OET Bul- within ±10° and their amplitudes shall letin No. 68, which is available from be within ±20 percent of the values the FCC Warehouse, 9300 East Hampton specified above. The ratios of the meas- Drive, Capitol Heights, MD 20743. Not- ured amplitudes of the subcarrier to withstanding the modulation limits the luminance signal for the same contained in paragraph (a)(23)(i) of this saturated primaries and their com- section, the vertical interval reference plements shall fall between the limits signal formerly permitted on Line 19 of 0.8 and 1.2 of the values specified for and described in Figure 16 of § 73.699, their ratios. Closer tolerances may may be transmitted on any of lines 10 prove to be practicable and desirable through 16 without specific Commis- with advance in the art. sion authorization, subject to the con- (21) The interval beginning with line ditions contained in paragraphs 17 and continuing through line 20 of the (a)(21)(ii) and (a)(22)(ii) of this section. vertical blanking interval of each field may be used for the transmission of (22)(i) Line 21, in each field, may be test signals, cue and control signals, used for the transmission of a program- and identification signals, subject to related data signal which, when de- the conditions and restrictions set coded, provides a visual depiction of in- forth below. Test signals may include formation simultaneously being pre- signals designed to check the perform- sented on the aural channel (captions). ance of the overall transmission sys- Line 21, field 2 may be used for trans- tem or its individual components. Cue mission of a program-related data sig- and control signals shall be related to nal which, when decoded, identifies a the operation of the TV broadcast sta- rating level associated with the cur- tion. Identification signals may be rent program. Such data signals shall transmitted to identify the broadcast conform to the format described in fig- material or its source, and the date and ure 17 of § 73.699 of this chapter, and time of its origination. Figures 6 and 7 may be transmitted during all periods of § 73.699 identify the numbered lines of regular operation. On a space avail- referred to in this paragraph. able basis, line 21 field 2 may also be (i) Modulation of the television used for text-mode data and extended transmitter by such signals shall be data service information. confined to the area between the reference white level and the blanking NOTE: The signals on Fields 1 and 2 shall be level, except where test signals include distinct data streams, for example, to supply captions in different languages or at dif- chrominance subcarrier frequencies, in ferent reading levels. which case positive excursions of chrominance components may exceed ref- (ii) At times when Line 21 is not erence white, and negative excursions being used to transmit a program re- may extend into the synchronizing lated data signal, data signals which area. In no case may the modulation are not program related may be trans- excursions produced by test signals ex- mitted, Provided: the same data format tend beyond peak-of-sync, or to zero is used and the information to be dis- carrier level. played is of a broadcast nature.

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(iii) The use of Line 21 for trans- tive video portion of their TV transmission of other data signals con- mission, subject to certain conditions: forming to other formats may be used (i) The active video portion of the subject to prior authorization by the visual signal begins with line 22 and Commission. continues through the end of each (iv) The data signal shall cause no field, except it does not include that significant degradation to any portion portion of each line devoted to hori- of the visual signal nor produce emis- zontal blanking. Figures 6 and 7 of sions outside the authorized television § 73.699 identify the numbered line re- channel. ferred to in this paragraph; (v) Transmission of visual emergency (ii) Inserted non-video data may be messages pursuant to § 73.1250 shall used for the purpose of transmitting a take precedence and shall be cause for telecommunications service in accord- interrupting transmission of data sig- ance with § 73.646. In addition to a tele- nals permitted under this paragraph. communications service, non-video (23) Specific scanning lines in the data can be used to enhance the sta- vertical blanking interval may be used tion’s broadcast program service or for for the purpose of transmitting tele- purposes related to station operations. communications signals in accordance Signals relating to the operation of TV with § 73.646, subject to certain condi- stations include, but are not limited to tions: program or source identification, relay (i) Telecommunications may be of broadcast materials to other sta- transmitted on Lines 10–18 and 20, all tions, remote cueing and order mes- of Field 2 and Field 1. Modulation level sages, and control and telemetry sig- shall not exceed 70 IRE on lines 10, 11, nals for the transmitting system; and and 12; and, 80 IRE on lines 13–18 and (iii) A station may only use systems 20. for inserting non-video information (ii) No observable degradation may that have been approved in advance by be caused to any portion of the visual the Commission. The criteria for ad- or aural signals. vance approval of systems are as fol- (iii) Telecommunications signals lows: must not produce emissions outside the (A) The use of such signals shall not authorized television channel band- result in significant degradation to any width. Digital data pulses must be portion of the visual, aural, or pro- shaped to limit spectral energy to the gram-related data signals of the tele- nominal video baseband. vision broadcast station; (iv) Transmission of emergency vis- (B) No increase in width of the tele- ual messages pursuant to § 73.1250 must vision broadcast channel (6 MHz) is take precedence over, and shall be permitted. Emissions outside the au- cause for interrupting, a service such thorized television channel must not as teletext that provides a visual depic- exceed the limitations given in tion of information simultaneously § 73.687(e). Interference to reception of transmitted on the aural channel. television service either of co-channel (v) A reference pulse for a decoder as- or adjacent channel stations must not sociated adaptive equalizer filter de- increase over that resulting from the signed to improve the decoding of tele- transmission of programming without communications signals may be in- inserted data; and serted on any portion of the vertical (C) Where required, system receiving blanking interval authorized for data or decoding devices must meet the TV service, in accordance with the signal interface device provisions of Part 15, levels set forth in paragraph (a)(23)(i) Subpart H of this chapter. of this section. (iv) No protection from interference (vi) All lines authorized for tele- of any kind will be afforded to recep- communications transmissions may be tion of inserted non-video data. used for other purposes upon prior ap- (v) Upon request by an authorized proval by the Commission. representative of the Commission, the (24) Licensees and permittees of TV licensee of a TV station transmitting broadcast and low power TV stations encoded programming must make may insert non-video data into the ac- available a receiving decoder to the

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Commission to carry out its regulatory (7) Multiplex subcarrier or stereo- responsibilities. phonic aural transmission systems (b) Subscription TV technical systems. must be capable of producing and must The FCC may specify, as part of the ad- not exceed ±25 kHz main channel devi- vance approval of the technical system ation of the aural carrier. for transmitting encoded subscription (8) The arithmetic sum of non-multi- programming, deviations from the phonic baseband signals between 15 power determination procedures, oper- kHz and 120 kHz must not exceed ±50 ating power levels, aural or video kHz deviation of the aural carrier. baseband signals, modulation levels or (9) Total modulation of the aural car- other characteristics of the trans- rier must not exceed ±75 kHz. mitted signal as otherwise specified in (d) Digital broadcast television trans- this Subpart. Any decision to approve mission standard. Effective October 11, such operating deviations shall be sole- 2011 transmission of digital broadcast ly at the discretion of the FCC. television (DTV) signals shall comply (c) TV multiplex subcarrier/stereo- with the standards for such trans- phonic aural transmission standards. missions set forth in ATSC A/52: (1) The modulating signal for the ‘‘ATSC Standard Digital Audio Com- main channel shall consist of the sum pression (AC–3)’’, ATSC A/53, Parts 1–4 of the stereophonic (biphonic, and 6: 2007 ‘‘ATSC Digital Television quadraphonic, etc.) input signals. Standard,’’ (January 3, 2007), and ATSC (2) The instantaneous frequency of A/53 Part 5:2010 ‘‘ATSC Digital Tele- the baseband stereophonic subcarrier vision Standard: Part 5—AC–3 Audio must at all times be within the range System Characteristic,’’ (July 6, 2010), 15 kHz to 120 kHz. Either amplitude or except for section 6.1.2 (‘‘Compression frequency modulation of the stereo- Format Constraints’’) of A/53 Part 4: phonic subcarrier may be used. 2007 (‘‘MPEG–2 Video Systems Charac- (3) One or more pilot subcarriers be- teristics’’) and the phrase ‘‘see Table tween 16 kHz and 120 kHz may be used 6.2’’ in section 6.1.1 Table 6.1 and sec- to switch a TV receiver between the tion 6.1.3 Table 6.3, and ATSC A/65C: stereophonic and monophonic recep- ‘‘ATSC Program and System Informa- tion modes or to activate a stereo- tion Protocol for Terrestrial Broadcast phonic audio indicator light, and one and Cable, Revision C With Amend- or more subcarriers between 15 kHz and ment No. 1 dated May 9, 2006,’’ (Janu- 120 kHz may be used for any other au- ary 2, 2006) (all standards incorporated thorized purpose; except that stations by reference, see § 73.8000). Although employing the BTSC system of stereo- not incorporated by reference, licens- phonic sound transmission and audio ees may also consult ATSC A/54A: processing may transmit a pilot sub- ‘‘Recommended Practice: Guide to Use carrier at 15,734 Hz, ±2 Hz. Other meth- of the ATSC Digital Television Stand- ods of multiplex subcarrier or stereo- ard, including Corrigendum No. 1,’’ phonic aural transmission systems (December 4, 2003, Corrigendum No. 1 must limit energy at 15,734 Hz, ±20 Hz, dated December 20, 2006, and ATSC A/ to no more than ±0.125 kHz aural car- 69: ‘‘Recommended Practice PSIP Im- rier deviation. plementation Guidelines for Broad- (4) Aural baseband information above casters,’’ (June 25, 2002) (Secs. 4, 5, 303, 120 kHz must be attenuated 40 dB ref- 48 Stat., as amended, 1066, 1068, 1082 (47 erenced to 25 kHz main channel devi- U.S.C. 154, 155, 303)). ATSC A/54A and ation of the aural carrier. ATSC A/69 are available from Advanced (5) For required transmitter perform- Television Systems Committee ance, all of the requirements of (ATSC), 1750 K Street, NW., Suite 1200, § 73.687(b) shall apply to the main chan- Washington, DC 20006, or at the ATSC nel, with the transmitter in the multi- Web site: http://www.atsc.org/stand- plex subcarrier or stereophonic aural ards.html. mode. (e) Transmission of commercial adver- (6) For electrical performance stand- tisements by television broadcast station. ards of the transmitter, the require- (1) Mandatory compliance with ATSC A/ ments of § 73.687(b) apply to the main 85 RP. Effective December 13, 2012, tele- channel. vision broadcast stations must comply

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with the ATSC A/85 RP incorporated by the ATSC A/85 RP through one of the reference, see § 73.8000), insofar as it following methods: concerns the transmission of commer- (i) Relying on a network’s or other cial advertisements. programmer’s certification of compli- (2) Commercials inserted by station. A ance with the ATSC A/85 RP with re- television broadcast station that in- spect to commercial programming, stalls, utilizes, and maintains in a com- provided that: mercially reasonable manner the (A) The certification is widely avail- equipment and associated software to able by Web site or other means to any comply with ATSC A/85 RP shall be television broadcast station, cable op- deemed in compliance with respect to erator, or multichannel video program- locally inserted commercials, which for ming distributor that transmits that the purposes of this provision are com- programming; and mercial advertisements added to a pro- (B) The television broadcast station gramming stream by a station prior to has no reason to believe that the cer- or at the time of transmission to view- tification is false; and ers. In order to be considered to have (C) The television broadcast station installed, utilized and maintained the performs a spot check, as defined in equipment and associated software in a § 73.682(e)(3)(iv)(A), (B), (D), and (E), on commercially reasonable manner, a programming in response to an en- television broadcast station must: forcement inquiry concerning a pattern (i) Install, maintain and utilize or trend of complaints regarding com- equipment to properly measure the mercials contained in that program- loudness of the content and to ensure ming. that the dialnorm metadata value cor- (ii) If transmitting any programming rectly matches the loudness of the con- that is not certified as described in tent when encoding the audio into AC– § 73.682(e)(3)(i), a television broadcast station that had more than $14,000,000 3 for transmitting the content to the in annual receipts for the calendar year consumer; 2011 must perform annual spot checks, (ii) Provide records showing the con- as defined in § 73.682(e)(3)(iv)(A), (B), sistent and ongoing use of this equip- (C), and (E), of all the non-certified ment in the regular course of business commercial programming it receives and demonstrating that the equipment from a network or other programmer has undergone commercially reason- and perform a spot check, as defined in able periodic maintenance and testing § 73.682(e)(3)(iv)(A), (B), (D), and (E), on to ensure its continued proper oper- programming in response to an en- ation; forcement inquiry concerning a pattern (iii) Certify that it either has no ac- or trend of complaints regarding com- tual knowledge of a violation of the mercials contained in that program- ATSC A/85 RP, or that any violation of ming; which it has become aware has been (iii) A television broadcast station corrected promptly upon becoming that had $14,000,000 or less in annual re- aware of such a violation; and ceipts for the year 2011 need not per- (iv) Certify that its own transmission form annual spot checks but must per- equipment is not at fault for any pat- form a spot check, as defined in tern or trend of complaints. § 73.682(e)(3)(iv)(A), (B), (D), and (E), on (3) Embedded commercials—safe harbor. programming in response to an en- With respect to embedded commer- forcement inquiry concerning a pattern cials, which, for the purposes of this or trend of complaints regarding com- provision, are those commercial adver- mercials contained in that program- tisements placed into the programming ming. stream by a third party (i.e., pro- (iv) For purposes of this section, a grammer) and passed through by the ‘‘spot check’’ of embedded commercials station to viewers, a television broad- requires monitoring 24 uninterrupted cast station must certify that its own hours of programming with an audio transmission equipment is not at fault loudness meter employing the meas- for any pattern or trend of complaints, urement technique specified in the and may demonstrate compliance with ATSC A/85 RP, and reviewing the

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records from that monitoring to detect checks of that program stream to be in any commercials transmitted in viola- the safe harbor for that programming. tion of the ATSC A/85 RP. The tele- If these renewed annual spot checks vision broadcast station must not in- are performed for two consecutive form the network or programmer of years without finding additional evi- the spot check prior to performing it. dence of noncompliance with the ATSC (A) Spot-checking must be conducted A/85 RP, no further annual spot checks after the signal has passed through the are required to remain in the safe har- television broadcast station’s proc- bor for that program stream. essing equipment (e.g., at the output of (D) With reference to the spot checks a television receiver). If a problem is in response to an enforcement inquiry found, the television broadcast station pursuant to § 73.682(e)(3)(i)(C), (2), or (3): must determine the source of the non- (1) If notified of a pattern or trend of compliance. complaints, the television broadcast (B) To be considered valid, the tele- station must perform the 24-hour spot vision broadcast station must dem- check of the program stream at issue onstrate appropriate maintenance within 30 days or as otherwise specified records for the audio loudness meter. by the Enforcement Bureau; and (C) With reference to the annual (2) If the spot check reveals actual ‘‘safe harbor’’ spot check in compliance, the television broadcast § 73.682(e)(3)(ii): station must notify the Commission in (1) To be considered valid, the tele- its response to the enforcement in- vision broadcast station must dem- quiry. onstrate, at the time of any enforce- (E) If any spot check shows non- ment inquiry, that appropriate spot compliance with the ATSC A/85 RP, the checks had been ongoing. television station must notify the (2) If there is no single 24 hour period Commission and the network or pro- in which all programmers of a given grammer within 7 days, direct the pro- program stream are represented, an an- grammer’s attention to any relevant nual spot check may consist of a series complaints, and must perform a follow- of loudness measurements over the up spot check within 30 days of pro- course of a 7 day period, totaling no viding such notice. The station must fewer than 24 hours, that measure at notify the Commission and the net- least one program, in its entirety, pro- work or programmer of the results of vided by each non-certified pro- the follow-up spot check. Notice to the grammer that supplies programming Federal Communications Commission for that program stream. must be provided to the Chief, Inves- (3) If annual spot checks are per- tigations and Hearings Division, En- formed for two consecutive years with- forcement Bureau, or as otherwise di- out finding evidence of noncompliance rected in a Letter of Inquiry to which with the ATSC A/85 RP, no further an- the station is responding. nual spot checks are required to re- (1) If the follow-up spot check shows main in the safe harbor for existing compliance with the ATSC A/85 RP, the programming. station remains in the safe harbor for (4) Non-certified program streams that program stream. must be spot-checked annually using (2) If the follow-up spot check shows the approach described in this section. noncompliance with the ATSC A/85 RP, If annual spot checks of the program the station will not be in the safe har- stream are performed for two consecu- bor with respect to commercials con- tive years without finding evidence of tained in the program stream for which noncompliance with the ATSC A/85 RP, the spot check showed noncompliance no further annual spot checks are re- until a subsequent spot check shows quired to remain in the safe harbor for that the program stream is in compli- that program stream. ance. (5) Even after the two year period for (4) Use of a real-time processor. A tele- annual spot checks, if a spot check vision broadcast station that installs, shows noncompliance on a non-cer- maintains and utilizes a real-time tified program stream, the station processor in a commercially reasonable must once again perform annual spot manner will be deemed in compliance

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with the ATSC A/85 RP with regard to pliance with ATSC A/85 RP with regard any commercial advertisements on to the commercial advertisements that which it uses such a processor, so long are the subject of the inquiry, and cer- as it also: tifying that its own transmission (i) Provides records showing the con- equipment is not at fault for any such sistent and ongoing use of this equip- pattern or trend of complaints. ment in the regular course of business (f) Next Gen TV broadcast television and demonstrating that the equipment transmission standard authorized. (1) As has undergone commercially reason- an alternative to broadcasting only an able periodic maintenance and testing ATSC 1.0 signal using the DTV trans- to ensure its continued proper oper- mission standard set forth in para- ation; graph (d) of this section, DTV licensees (ii) Certifies that it either has no ac- or permittees may choose to broadcast tual knowledge of a violation of the an ATSC 3.0 signal using the Next Gen ATSC A/85 RP, or that any violation of TV transmission standard set forth in which it has become aware has been this paragraph (f), provided it also corrected promptly upon becoming broadcasts a simulcast signal in ATSC aware of such a violation; and 1.0 (using the DTV transmission stand- (iii) Certifies that its own trans- ard in § 73.682(d)). mission equipment is not at fault for (2) Effective March 5, 2018, trans- any pattern or trend of complaints. (5) Commercials locally inserted by a mission of Next Gen TV broadcast tele- station’s agent—safe harbor. With revision (ATSC 3.0) signals shall comply spect to commercials locally inserted, with the standards for such trans- which for the purposes of this provision missions set forth in ATSC A/321:2016, are commercial advertisements added ‘‘System Discovery and Signaling’’ to a programming stream for the tele- (March 23, 2016) (incorporated by ref- vision broadcast station by a third erence, see § 73.8000). To the extent that party after it has been received from virtual channels (specified in the DTV the programmer but prior to or at the transmission standard referenced in time of transmission to viewers, a sta- ATSC A/65C:2006 in paragraph (d) of tion may demonstrate compliance with this section) are used in the trans- the ATSC A/85 RP by relying on the mission of Next Gen TV broadcasting, third party local inserter’s certifi- major channel numbers shall be as- cation of compliance with the ATSC A/ signed as required by ATSC A/65C:2006 85 RP, provided that: Annex B (incorporated by reference, (i) The television broadcast station see § 73.8000). In addition, until Feb- has no reason to believe that the cer- ruary 2, 2023, such signals shall also tification is false; comply with the standards set forth in (ii) The television broadcast station ATSC A/322:2017 ‘‘Physical Layer Pro- certifies that its own transmission tocol’’ (June 6, 2017) (incorporated by equipment is not at fault for any pat- reference, see § 73.8000) with respect to tern or trend of complaints; and the transmission of at least one free (iii) The television broadcast station over the air primary video program- performs a spot check, as defined in ming stream. § 73.682(e)(3)(iv)(A), (B), (D), and (E), on the programming at issue in response NOTE TO § 73.682: For additional informa- to an enforcement inquiry concerning a tion regarding this requirement, see Imple- mentation of the Commercial Advertisement pattern or trend of complaints regard- Loudness Mitigation (CALM) Act, FCC 11– ing commercials inserted by that third 182. party. (6) Instead of demonstrating compli- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, ance pursuant to paragraphs (e)(2) 1068, 1082 (47 U.S.C. 154, 155, 303)) through (5) of this section, a station [28 FR 13660, Dec. 14, 1963] may demonstrate compliance with EDITORIAL NOTE: For FEDERAL REGISTER ci- paragraph (e)(1) of this section in re- tations affecting § 73.682, see the List of CFR sponse to an enforcement inquiry Sections Affected, which appears in the prompted by a pattern or trend of com- Finding Aids section of the printed volume plaints by demonstrating actual com- and at www.govinfo.gov.

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§ 73.683 Field strength contours and (2) In connection with problems of presumptive determination of field coverage arising out of application of strength at individual locations. § 73.3555. (a) In the authorization of TV sta- (3) In determining compliance with tions, two field strength contours are § 73.685(a) concerning the minimum considered. These are specified as field strength to be provided over the Grade A and Grade B and indicate the principal community to be served. approximate extent of coverage over (d) For purposes of determining the average terrain in the absence of inter- eligibility of individual households for ference from other television stations. satellite retransmission of distant net- Under actual conditions, the true cov- work signals under the copyright law erage may vary greatly from these es- provisions of 17 U.S.C. 119(d)(10)(A), timates because the terrain over any field strength shall be determined by specific path is expected to be different the Individual Location Longley-Rice from the average terrain on which the (ILLR) propagation prediction model. field strength charts were based. The Such eligibility determinations shall required field strength, F (50,50), in dB consider only the signals of network above one micro-volt per meter (dBu) stations located in the subscriber’s for the Grade A and Grade B contours Designated Market Area. Guidance for are as follows: use of the ILLR model in predicting the field strength of analog television Grade A Grade B signals for such determinations is pro- (dBu) (dBu) vided in OET Bulletin No. 72 (stations Channels 2–6 ...... 68 47 operating with analog signals include Channels 7–13 ...... 71 56 some Class A stations licensed under Channels 14–69 ...... 74 64 part 73 of this chapter and some licensed low power TV and TV translator (b) It should be realized that the F stations that operate under part 74 of (50,50) curves when used for Channels this chapter). Guidance for use of the 14–69 are not based on measured data at ILLR model in predicting the field distances beyond about 48.3 kilometers strength of digital television signals (30 miles). Theory would indicate that for such determinations is provided in the field strengths for Channels 14–69 OET Bulletin No. 73 (stations operating should decrease more rapidly with dis- with digital signals include all full tance beyond the horizon than for service stations and some Class A sta- Channels 2–6, and modification of the tions that operate under part 73 of this curves for Channels 14–69 may be ex- chapter and some low power TV and pected as a result of measurements to TV translator stations that operate be made at a later date. For these rea- under Part 74 of this chapter). OET sons, the curves should be used with Bulletin No. 72 and OET Bulletin No. 73 appreciation of their limitations in es- are available at the FCC’s Head- timating levels of field strength. Fur- quarters Building, 445 12th St., SW., ther, the actual extent of service will Reference Information Center, Room usually be less than indicated by these CY–A257, Washington, DC, or at the estimates due to interference from FCC’s Office of Engineering and Tech- other stations. Because of these fac- nology (OET) Web site: http:// tors, the predicted field strength con- www.fcc.gov/oet/info/documents/bulletins/. tours give no assurance of service to (e) If a location was predicted to be any specific percentage of receiver lo- unserved by a local network station cations within the distances indicated. using a version of the ILLR model In licensing proceedings these vari- specified in OET Bulletin No. 72 or OET ations will not be considered. Bulletin No. 73, as appropriate, and the (c) The field strength contours will satellite subscriber at that location is be considered for the following pur- receiving a distant signal affiliated poses only: with the same network from its sat- (1) In the estimation of coverage re- ellite provider, the satellite subscriber sulting from the selection of a par- shall remain eligible for receiving the ticular transmitter site by an appli- distant signal from its satellite pro- cant for a TV station. vider if that location is subsequently

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predicted to be served by the local sta- will be greater than the contour value tion due to either a change in the ILLR because the power in dBk is negative. model or a change in the station’s op- Locate the difference value obtained on erations that change its coverage. the vertical scale at the left edge of the (f) A satellite carrier is exempt from chart. Follow the horizontal line for the verification requirements of 47 that value into the chart to the point U.S.C. 339(c)(4)(A) with respect to a of intersection with the vertical line test requested by a satellite subscriber above the height of the antenna above to whom the retransmission of the sig- average terrain for the appropriate azi- nals of local broadcast stations is muth located on the scale at the bot- available under 47 U.S.C. 338 from such tom of the chart. If the point of inter- carrier. The definitions of satellite car- section does not fall exactly on a dis- rier, subscriber, and local market con- tance curve, interpolate between the tained in 47 CFR 76.66(a) apply to this distance curves below and above the paragraph (f). intersection point. The distance values [44 FR 36039, June 20, 1979, as amended at 47 for the curves are located along the FR 35990, Aug. 18, 1982; 50 FR 23699, June 5, right edge of the chart. 1985; 50 FR 32416, Aug. 12, 1985; 65 FR 36641, (1) In predicting the distance to the June 9, 2000; 70 FR 21670, Apr. 27, 2005; 75 FR Grade A and Grade B field strength 80363, Dec. 22, 2010] contours, the effective radiated power to be used is that radiated at the § 73.684 Prediction of coverage. vertical angle corresponding to the de- (a) All predictions of coverage made pression angle between the transmit- pursuant to this section shall be made ting antenna center of radiation and without regard to interference and the radio horizon as determined indi- shall be made only on the basis of esti- vidually for each azimuthal direction mated field strengths. The peak power concerned. The depression angle is of the visual signal is used in making based on the difference in elevation of predictions of coverage. the antenna center of radiation above (b) Predictions of coverage shall be the average terrain and the radio hori- made only for the same purposes as re- zon, assuming a smooth sperical earth late to the use of field strength con- with a radius of 8,495.5 kilometers (5,280 tours as specified in § 73.683(c). miles) and shall be determined by the (c) In predicting the distance to the following equation: field strength contours, the F (50,50) √ field strength charts (Figures 9 and 10 A = 0.0277 H of § 73.699) shall be used. If the 50% field Where: strength is defined as that value ex- A is the depression angle in degrees. ceeded for 50% of the time, these F H is the height in meters of the transmitting (50,50) charts give the estimated 50% antenna radiation center above average field strengths exceeded at 50% of the terrain of the 3.2–16.1 kilometers (2–10 locations in dB above 1 uV/m. The miles) sector of the pertinent radial. charts are based on an effective power of 1 kW radiated form a half-wave This formula is empirically derived for dipole in free space, which produces an the limited purpose specified here. Its unattenuated field strength at 1.61 kil- use for any other purpose may be inap- ometers (1 mile) of about 103 dB above propriate. 1 uV/m. To use the charts to predict (2) In case where the relative field the distance to a given contour, the strength at the depression angle deter- following procedure is used: Convert mined by the above formula is 90% or the effective radiated power in kilo- more of the maximum field strength watts for the appropriate azimuth into developed in the vertical plane con- decibel value referenced to 1 kW (dBu). taining the pertaining radial, the max- If necessary, convert the selected con- imum radiation shall be used. tour to the decibel value (dBu) above 1 (3) In predicting field strengths for microvolt per meter (1 uV/m). Subtract other than the Grade A and Grade B the power value in dBk from the con- contours, the effective radiated power tour value in dBu. Note that for power to be used is to be based on the appro- less than 1 kW, the difference value priate antenna vertical plane radiation

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pattern for the azimuthal direction putation of antenna height above aver- concerned. age terrian. However, where the Grade (4) Applicants for new TV stations or B contour does not so encompass changes in the facilities of existing TV United States land area and (1) the en- stations must submit to the FCC a tire 3.2–16.1 kilometers (2–10 mile) por- showing as to the location of their station of the radial extends over large tions’ or proposed stations’ predicted bodies of water of foreign territory, Grade A and Grade B contours, deter- such radial shall be completely omit- mined in accordance with § 73.684. This ted from the computation of antenna showing is to include maps showing height above average terrain, and (2) these contours, except where appli- where a part of the 3.2–16.1 kilometers cants have previously submitted mate- (2–10 mile) portion of a radial extends rial to the FCC containing such infor- over large bodies of water or over formation and it is found upon careful ex- eign territory, only that part of the ra- amination that the contour locations dial extending from the 3.2 kilometer (2 indicated therein would not change, on mile) sector to the outermost portion any radial, when the locations are de- of land area within the United States termined under this Section. In the lat- covered by the radial shall be employed ter cases, a statement by a qualified in the computation of antenna height engineer to this effect will satisfy this above average terrian. The profile requirement and no contour maps need graph for each radial should be plotted be submitted. by contour intervals of from 12.2–30.5 (d) The antenna height to be used meters (40–100 feet) and, where the data with these charts is the height of the permits, at least 50 points of elevation radiation center of the antenna above (generally uniformly spaced) should be the average terrain along the radial in used for each radial. In instances of question. In determining the average very rugged terrain where the use of elevation of the terrain, the elevations contour intervals of 30.5 meters (100 between 3.2–16.1 kilometers (2–10 miles) feet) would result in several points in a from the antenna site are employed. short distance, 61.0–122.0 meter (200–400 Profile graphs shall be drawn for 8 foot) contour intervals may be used for radials beginning at the antenna site such distances. On the other hand, and extending 16.1 kilometers (10 miles) where the terrain is uniform or gently therefrom. The radials should be drawn sloping the smallest contour interval for each 45 degrees of azimuth starting indicated on the topograhic may (see with the True North. At least one ra- paragraph (g) of this section) should be dial must include the principal commu- used, although only relatively few nity to be served even though such points may be available. The profile community may be more than 16.1 kil- graphs should indicate the topography ometers (10 miles) from the antenna accurately for each radial, and the site. However, in the event none of the graphs should be plotted with the dis- evenly spaced radials include the prin- tance in kilometers as the abscissa and cipal community to be served and one the elevation in meters above mean sea or more such radials are drawn in addi- level as the ordinate. The profile tion to the 8 evenly spaced radials, graphs should indicate the source of such additional radials shall not be em- the topographical data employed. The ployed in computing the antenna graph should also show the elevation of height above average terrain. Where the center of the radiating system. The the 3.2–16.1 kilometers (2–10 mile) por- graph may be plotted either on rectan- tion of a radial extends in whole or in gular coordinate paper or on special part over large bodies of water as speci- paper which shows the curvature of the fied in paragraph (e) of this section or earth. It is not necessary to take the extends over foreign territory but the curvature of the earth into consider- Grade B strength contour encompasses ation in this procedure, as this factor land area within the United States be- is taken care of in the charts showing yond the 16.1 kilometers (10 mile) por- signal strengths. The average elevation tion of the radial, the entire 3.2–16.1 of the 12.9 kilometer (8 miles) distance kilometers (2–10 mile) portion of the between 3.2–16.1 kilometers (2–10 miles) radial shall be included in the com- from the antenna site should then be

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determined from the profile graph for tained, an assumed height of 30.5 me- each radial. This may be obtained by ters (100 feet) shall be used for the pre- averaging a large number of equally diction of coverage. However, where spaced points, by using a planimeter, the actual contour distances are crit- or by obtaining the median elevation ical factors, a supplemental showing of (that exceeded for 50% of the distance) expected coverage must be included to- in sectors and averaging those values. gether with a description of the meth- NOTE: The Commission will, upon a proper od employed in predicting such cov- showing by an existing station that the ap- erage. In special cases, the Commission plication of this rule will result in an unrea- may require additional information as sonable power reduction in relation to other to terrain and coverage. stations in close proximity, consider re- (g) In the preparation of the profile quests for adjustment in power on the basis graph previously described, and in de- of a common average terrain figure for the stations in question as determined by the termining the location and height FCC. above sea level of the antenna site, the elevation or contour intervals shall be (e) In instance where it is desired to taken from the United States Geologi- determine the area in square kilo- cal Survey Topographic Quadrangle meters within the Grade A and Grade B Maps, United States Army Corps of En- field strength contours, the area may gineers’ maps or Tennessee Valley Au- be determined from the coverage map thority maps, whichever is the latest, by planimeter or other approximate for all areas for which such maps are means; in computing such areas, available. If such maps are not pub- exclued (1) areas beyond the borders of the United States, and (2) large bodies lished for the area in question, the next of water, such as ocean areas, gulfs best topographic information should be sounds, bays, large lakes, etc., but not used. Topographic data may sometimes rivers. be obtained from State and Municipal (f) In cases where terrain in one or agencies. Data from Sectional Aero- more directions from the antenna site nautical Charts (including bench departs widely from the average ele- marks) or railroad depot elevations and vation of the 3.2 to 16.1 kilometers (2 to highway elevations from road maps 10 mile) sector, the prediction method may be used where no better informa- may indicate contour distances that tion is available. In cases where lim- are different from what may be ex- ited topographic data is available, use pected in practice. For example, a may be made of an altimeter in a car mountain ridge may indicate the prac- driven along roads extending generally tical limit of service although the pre- radially from the transmitter site. Or- diction method may indicate other- dinarily the Commission will not re- wise. In such case the prediction meth- quire the submission of topographical od should be followed, but a supple- maps for areas beyond 24.1 kilometers mental showing may be made con- (15 miles) from the antenna site, but cerning the contour distances as deter- the maps must include the principal mined by other means. Such supple- community to be served. If it appears mental showing should describe the necessary, additional data may be re- procedure employed and should include quested. United States Geological Sur- sample calculations. Maps of predicted vey Topographic Quadrangle Maps may coverage should include both the cov- be obtained from the United States Ge- erage as predicted by the regular meth- ological Survey, Department of the In- od and as predicted by a supplemental terior, Washington, DC 20240. Sectional method. When measurements of area Aeronautical Charts are available from are required, these should include the the United States Coast and Geodetic area obtained by the regular predicted Survey, Department of Commerce, method and the area obtained by the Washington, DC 20235. In lieu of maps, supplemental method. In directions the average terrain elevation may be where the terrain is such that negative computer generated, except in the antenna heights or heights below 30.5 cases of dispute, using elevations from meters (100 feet) for the 3.2 to 16.1 kilo- a 30 second point or better topographic meters (2 to 10 mile) sector are ob- data file. The file must be identified

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and the data processed for inter- the use of these charts. The magnitude mediate points along each radial using and sign of this correction, for any linear interpolation techniques. The value of Dh, may be determined from a height above mean sea level of the an- chart included in § 73.699 as Figure 10e, tenna site must be obtained manually with linear interpolation as necessary, using appropriate topographic maps. for the frequency of the UHF signal (h) The effect of terrain roughness on under consideration. the predicted field strength of a signal (l) Alternatively, the terrain rough- at points distant from a television ness correction may be computed using broadcast station is assumed to depend the following formula: on the magnitude of a terrain rough- DF=C¥0.03(Dh)(1 + f/300) ness factor (D h) which, for a specific propagation path, is determined by the Where: characteristics of a segment of the ter- DF = terrain roughness correction in dB rain profile for that path 40.2 kilo- C = a constant having a specific value for use meters (25 miles) in length, located be- with each set of field strength charts: tween 9.7 and 49.9 kilometers (6 and 31 1.9 for TV Channels 2–6 2.5 for TV Channels 7–13 miles) from the transmitter. The ter- 4.8 for TV Channels 14–69 rain roughness factor has a value equal Dh = terrain roughness factor in meters to the difference, in meters, between f = frequency of signal in megahertz (MHz) elevations exceeded by all points on [28 FR 13660, Dec. 13, 1963, as amended at 40 the profile for 10 percent and 90 per- FR 27683, July 1, 1975; 44 FR 36039, June 20, cent, respectively, of the length of the 1979; 48 FR 44807, Sept. 30, 1983; 50 FR 23699, profile segment (see § 73.699, Fig. 10d). June 5, 1985; 51 FR 26251, July 22, 1986; 52 FR (i) If the lowest field strength value 36879, Oct. 1, 1987] of interest is initially predicted to EFFECTIVE DATE NOTE: At 42 FR 25736, May occur over a particular propagation 19, 1977, in § 73.684, paragraphs (k) and (l) path at a distance which is less than were stayed indefinitely. 49.9 kilometers (31 miles) from the transmitter, the terrain profile seg- § 73.685 Transmitter location and an- ment used in the determination of the tenna system. terrain roughness factor over that path (a) The transmitter location shall be shall be that included between points chosen so that, on the basis of the ef- 9.7 kilometers (6 miles) from the trans- fective radiated power and antenna mitter and such lesser distance. No ter- height above average terrain employed, rain roughness correction need be ap- the following minimum field strength plied when all field strength values of in dB above one uV/m will be provided interest are predicted to occur 9.7 kilo- over the entire principal community to meters (6 miles) or less from the trans- be served: mitter. (j) Profile segments prepared for ter- Channels 2–6 Channels 7–13 Channels 14–69 rain roughness factor determinations 74 dBu 77 dBu 80 dBu should be plotted in rectangular coordinates, with no less than 50 points (b) Location of the antenna at a evenly spaced within the segment, point of high elevation is necessary to using data obtained from topographic reduce to a minimum the shadow effect maps, if available, with contour inter- on propagation due to hills and build- vals of 15.2 meters (50 feet), or less. ings which may reduce materially the (k) The field strength charts (§ 73.699, strength of the station’s signals. In Figs. 9–10c) were developed assuming a general, the transmitting antenna of a terrain roughness factor of 50 meters, station should be located at the most which is considered to be representa- central point at the highest elevation tive of average terrain in the United available. To provide the best degree of States. Where the roughness factor for service to an area, it is usually pref- a particular propagation path is found erable to use a high antenna rather to depart appreciably from this value, than a low antenna with increased a terrain roughness correction (DF) transmitter power. The location should should be applied to field strength val- be so chosen that line-of-sight can be ues along this path as predicted with obtained from the antenna over the

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principal community to be served; in beam tilting of the major vertical radi- no event should there be a major ob- ation lobe are included in this cat- struction in this path. The antenna egory. Directional antennas may be must be constructed so that it is as employed for the purpose of improving clear as possible of surrounding build- service upon an appropriate showing of ings or objects that would cause shad- need. Stations operating on Channels ow problems. It is recognized that to- 2–13 will not be permitted to employ a pography, shape of the desired service directional antenna having a ratio of area, and population distribution may maximum to minimum radiation in the make the choice of a transmitter loca- horizontal plane in excess of 10 dB. Sta- tion difficult. In such cases, consider- tions operating on Channels 14–69 with ation may be given to the use of a di- transmitters delivering a peak visual rectional antenna system, although it power output of more than 1 kW may is generally preferable to choose a site employ directive transmitting anten- where a nondirectional antenna may be nas with a maximum to minimum radi- employed. ation in the horizontal plane of not (c) In cases of questionable antenna more than 15 dB. Stations operating on locations it is desirable to conduct Channels 14–69 and employing trans- propagation tests to indicate the field mitters delivering a peak visual power strength expected in the principal com- output of 1 kW or less are not limited munity to be served and in other areas, as to the ratio of maximum to min- particularly where severe shadow prob- imum radiation. lems may be expected. In considering (f) Applications proposing the use of applications proposing the use of such directional antenna systems must be locations, the Commission may require accompanied by the following: site tests to be made. Such tests should (1) Complete description of the pro- be made in accordance with the meas- posed antenna system, including the urement procedure in § 73.686, and full manufacturer and model number of the data thereon must be supplied to the proposed directional antenna. Commission. Test transmitters should (2) Relative field horizontal plane employ an antenna having a height as pattern (horizontal polarization only) close as possible to the proposed an- of the proposed directional antenna. A tenna height, using a balloon or other value of 1.0 should be used for the max- support if necessary and feasible. Infor- imum radiation. The plot of the pat- mation concerning the authorization of tern should be oriented so that 0° cor- site tests may be obtained from the responds to true North. Where mechan- Commission upon request. ical beam tilt is intended, the amount (d) Present information is not suffi- of tilt in degrees of the antenna ciently complete to establish ‘‘blanket vertical axis and the orientation of the areas’’ of television broadcast stations. downward tilt with respect to true A ‘‘blanket area’’ is that area adjacent North must be specified, and the hori- to a transmitter in which the reception zontal plane pattern must reflect the of other stations is subject to inter- use of mechanical beam tilt. ference due to the strong signal from (3) A tabulation of the relative field this station. The authorization of sta- pattern required in paragraph (b)(2), of tion construction in areas where blan- this section. The tabulation should use keting is found to be excessive will be the same zero degree reference as the on the basis that the applicant will as- plotted pattern, and be tabulated at sume full responsibility for the adjust- least every 10°. In addition, tabulated ment of reasonable complaints arising values of all maxima and minima, with from excessively strong signals of the their corresponding azimuths, should applicant’s station or take other cor- be submitted. rective action. (4) Horizontal and vertical plane radi- (e) An antenna designed or altered to ation patterns showing the effective ra- produce a noncircular radiation pat- diated power, in dBk, for each direc- tern in the horizontal plane is consid- tion. Sufficient vertical plane patterns ered to be a directional antenna. An- must be included to indicate clearly tennas purposely installed in such a the radiation characteristics of the an- manner as to result in the mechanical tenna above and below the horizontal

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plane. In cases where the angles at § 73.686 Field strength measurements. which the maximum vertical radiation (a) Except as provided for in § 73.612, varies with azimuth, a separate television broadcast stations shall not vertical radiation pattern must be pro- be protected from any type of inter- vided for each pertinent radial direc- ference or propagation effect. Persons tion. desiring to submit testimony, evidence (5) All horizontal plane patterns or data to the Commission for the pur- must be plotted to the largest scale pose of showing that the technical possible on unglazed letter-size polar standards contained in this subpart do coordinate paper (main engraving ap- not properly reflect the levels of any proximately 18 cm × 25 cm (7 inches × 10 given type of interference or propaga- inches)) using only scale divisions and tion effect may do so only in appro- subdivisions of 1, 2, 2.5 or 5 times 10- priate rulemaking proceedings con- nth. All vertical plane patterns must cerning the amendment of such tech- be plotted on unglazed letter-size rec- nical standards. Persons making field tangular coordinate paper. Values of strength measurements for formal sub- field strength on any pattern less than mission to the Commission in rule- 10% of the maximum field strength making proceedings, or making such plotted on that pattern must be shown measurements upon the request of the Commission, shall follow the procedure on an enlarged scale. for making and reporting such meas- (6) The horizontal and vertical plane urements outlined in paragraph (b) of patterns that are required are the pat- this section. In instances where a terns for the complete directional an- showing of the measured level of a sig- tenna system. In the case of a com- nal prevailing over a specific commu- posite antenna composed of two or nity is appropriate, the procedure for more individual antennas, this means making and reporting field strength that the patterns for the composite an- measurements for this purpose is set tenna, not the patterns for each of the forth in paragraph (c) of this section. individual antennas, must be sub- (b) Collection of field strength data for mitted. propagation analysis—(1) Preparation for (g) Applications proposing the use of measurements. (i) On large scale topo- television broadcast antennas within graphic maps, eight or more radials are 61.0 meters (200 feet) of other television drawn from the transmitter location to broadcast antennas operating on a the maximum distance at which meas- channel within 20 percent in frequency urements are to be made, with the an- of the proposed channel, or proposing gles included between adjacent radials the use of television broadcast anten- of approximately equal size. Radials nas on Channels 5 or 6 within 61.0 me- should be oriented so as to traverse ters (200 feet) of FM broadcast anten- representative types of terrain. The specific number of radials and their nas, must include a showing as to the orientation should be such as to ac- expected effect, if any, of such proxi- complish this objective. mate operation. (ii) At a point exactly 16.1 kilometers (h) Where the TV licensee or per- (10 miles) from the transmitter, each mittee proposes to mount its antenna radial is marked, and at greater dis- on or near an AM tower, as defined in tances at successive 3.2 kilometer (2 § 1.30002, the TV licensee or permittee mile) intervals. Where measurements must comply with § 1.30003 or § 1.30002. are to be conducted at UHF, or over ex- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, tremely rugged terrain, shorter inter- 1068, 1082 (47 U.S.C. 154, 155, 303)) vals may be employed, but all such intervals shall be of equal length. Acces- [28 FR 13660, Dec. 14, 1963, as amended at 35 sible roads intersecting each radial as FR 5693, Apr. 8, 1970; 40 FR 25461, June 16, nearly as possible at each 3.2 kilometer 1975; 43 FR 53740, Nov. 17, 1978; 44 FR 22740, Apr. 17, 1979; 45 FR 26065, Apr. 17, 1980; 47 FR (2 mile) marker are selected. These 35990, Aug. 18, 1982; 48 FR 21486, May 12, 1983; intersections are the points on the ra- 50 FR 23701, June 5, 1985; 58 FR 44951, Aug. 25, dial at which measurements are to be 1993; 62 FR 51059, Sept. 30, 1997; 78 FR 66298, made, and are referred to subsequently Nov. 5, 2013] as measuring locations. The elevation

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of each measuring location should ap- feet) of the center point of the mobile proach the elevation at the cor- run. responding 3.2 kilometer (2 mile) mark- (viii) If overhead obstacles preclude a er as nearly as possible. mobile run of at leat 30.5 meters (100 (2) Measurement procedure. The field feet), a ‘‘cluster’’ of five spot measure- strength of the visual carrier shall be ments may be made in lieu of this run. measured with a voltmeter capable of The first measurement in the cluster is indicating accurately the peak ampli- identified. Generally, the locations for tude of the synchronizing signal. All other measurements shall be within measurements shall be made utilizing 61.0 meters (200 feet) of the location of a receiving antenna designed for recep- the first. tion of the horizontally polarized sig- (3) Method of reporting measurements. nal component, elevated 9.1 meters (30 A report of measurements to the Com- feet) above the roadbed. At each meas- mission shall be submitted in affidavit uring location, the following procedure form, in triplicate, and should contain shall be employed. the following information: (i) The instrument calibration is (i) Tables of field strength measure- checked. ments, which, for each measuring loca- (ii) The antenna is elevated to a tion, set forth the following data: height of 30 feet. (A) Distance from the transmitting antenna. (iii) The receiving antenna is rotated (B) Ground elevation at measuring to determine if the strongest signal is location. arriving from the direction of the (C) Date, time of day, and weather. transmitter. (D) Median field in dBu for 0 dBk, for (iv) The antenna is oriented so that mobile run or for cluster, as well as the sector of its response pattern over maximum and minimum measured which maximum gain is realized is in field strengths. the direction of the transmitter. (E) Notes describing each measuring (v) A mobile run of at least 30.5 me- location. ters (100 feet) is made, which is cen- (ii) U.S. Geological Survey topo- tered on the intersection of the radial graphic maps, on which is shown the and the road, and the measured field exact location at which each measure- strength is continuously recorded on a ment was made. The original plots chart recorder over the length of the shall be made on maps of the largest run. available scale. Copies may be reduced (vi) The actual measuring location is in size for convenient submission to marked exactly on the topographic the Commission, but not to the extent map, and a written record, keyed to that important detail is lost. The origi- the specific location, is made of all fac- nal maps shall be made available, if re- tors which may affect the recorded quested. If a large number of maps is field, such as topography, height and involved, an index map should be sub- types of vegetation, buildings, obsta- mitted. cles, weather, and other local features. (iii) All information necessary to de- (vii) If, during the test conducted as termine the pertinent characteristics described in paragraph (b)(2)(iii) of this of the transmitting installation, in- section, the strongest signal is found to cluding frequency, geographical coordi- come from a direction other than from nates of antenna site, rated and actual the transmitter, after the mobile run power output of transmitter, measured prescribed in paragraph (b)(2)(v) of this transmission line loss, antenna power section is concluded, additional meas- gain, height of antenna above ground, urements shall be made in a ‘‘cluster’’ above mean sea level, and above aver- of at least five fixed points. At each age terrain. The effective radiated such point, the field strengths with the power should be computed, and hori- antenna oriented toward the trans- zontal and vertical plane patterns of mitter, and with the antenna oriented the transmitting antenna should be so as to receive the strongest field, are submitted. measured and recorded. Generally, all (iv) A list of calibrated equipment points should be within 61.0 meters (200 used in the field strength survey,

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which, for each instrument, specifies the antenna, a check is made to deter- its manufacturer, type, serial number mine whether the strongest signal ar- and rated accuracy, and the date of its rives from a direction other than from most recent calibration by the manu- the transmitter. facturer, or by a laboratory. Complete (iii) At 20 percent or more of the details of any instrument not of stand- measuring locations, mobile runs, as ard manufacture shall be submitted. described in paragraph (b)(2) of this (v) A detailed description of the cali- section shall be made, with no less bration of the measuring equipment, than three such mobile runs in any including field strength meters, meas- case. The points at which mobile measuring antenna, and connecting cable. urements are made shall be well sepa- (vi) Terrain profiles in each direction rated. Spot measurements may be in which measurements were made, made at other measuring points. drawn on curved earth paper for equiv- (iv) Each actual measuring location alent 4/3 earth radius, of the largest is marked exactly on the map of the available scale. community, and suitably keyed. A (c) Collection of field strength data to written record shall be maintained, de- determine television service in specific scribing, for each location, factors communities—(1) Preparation for meas- which may affect the recorded field, urement. (i) The population (P) of the such as the approximate time of meas- community, and its suburbs, if any, is urement, weather, topography, over- determined by reference to an appro- head wiring, heights and types of vege- priate source, e.g., the 1970 U.S. Census tation, buildings and other structures. tables of population of cities and ur- The orientation, with respect to the banized areas. measuring location shall be indicated (ii) The number of locations at which of objects of such shape and size as to measurements are to be made shall be be capable of causing shadows or re- at least 15, and shall be approximately flections. If the strongest signal re- equal to 0.1 (P) 1⁄2, if this product is a ceived was found to arrive from a di- number greater than 15. rection other than that of the trans- (iii) A rectangular grid, of such size mitter, this fact shall be recorded. and shape as to encompass the boundaries of the community is drawn on an (3) Method of reporting measurements. accurate map of the community. The A report of measurements to the Com- number of line intersections on the mission shall be submitted in affidavit grid included within the boundaries of form, in triplicate, and should contain the community shall be at least equal the following information: to the required number of measuring (i) A map of the community showing locations. The position of each inter- each actual measuring location, spe- section on the community map deter- cifically identifying the points at mines the location at which a measure- which mobile runs were made. ment shall be made. (ii) A table keyed to the above map, (2) Measurement procedure. The field showing the field strength at each strength of the visual carrier shall be measuring point, reduced to dBu for measured, with a voltmeter capable of the actual effective radiated power of indicating accurately the peak ampli- the station. Weather, date, and time of tude of the synchronizing signal. All each measurement shall be indicated. measurements shall be made utilizing (iii) Notes describing each measuring a receiving antenna designed for recep- location. tion of the horizontally polarized sig- (iv) A topographic map of the largest nal component, elevated 9.1 meter (30 available scale on which are marked feet) above street level. the community and the transmitter (i) Each measuring location shall be site of the station whose signals have chosen as close as feasible to a point been measured, which includes all indicated on the map, as previously areas on or near the direct path of sig- prepared, and at as nearly the same nal propagation. elevation as that point as possible. (v) Computations of the mean and (ii) At each measuring location, after standard deviation of all measured equipment calibration and elevation of field strengths, or a graph on which the

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distribution of measured field strength a calibrated instrument with an i.f. values is plotted. bandwidth of at least 200 kHz, but no (vi) A list of calibrated equipment greater than one megahertz (1,000 kHz). used for the measurements, which for Perform an on-site calibration of the each instrument, specifies its manufac- instrument in accordance with the turer, type, serial number and rated ac- manufacturer’s specifications. The in- curacy, and the date of its most recent strument must accurately indicate the calibration by the manufacturer, or by peak amplitude of the synchronizing a laboratory. Complete details of any signal. Take all measurements with a instrument not of standard manufac- horizontally polarized antenna. Use a ture shall be submitted. shielded transmission line between the (vii) A detailed description of the testing antenna and the field strength procedure employed in the calibration meter. Match the antenna impedance of the measuring equipment, including to the transmission line at all fre- field strength meters measuring an- quencies measured, and, if using an un- tenna, and connecting cable. balanced line, employ a suitable balun. (d) NTSC—Collection of field strength Take account of the transmission line data to determine NTSC television signal loss for each frequency being measured. intensity at an individual location—clus- (ii) Weather. Do not take measure- ter measurements—(1) Preparation for ments in inclement weather or when measurements—(i) Testing antenna. The major weather fronts are moving test antenna shall be either a standard through the measurement area. half-wave dipole tuned to the visual (iii) Antenna elevation. When field carrier frequency of the channel being strength is being measured for a one- measured or a gain antenna, provided story building, elevate the testing an- its antenna factor for the channel(s) tenna to 6.1 meters (20 feet) above the under test has been determined. Use ground. In situations where the field the antenna factor supplied by the an- strength is being measured for a build- tenna manufacturer as determined on ing taller than one-story, elevate the an antenna range. testing antenna 9.1 meters (30 feet) (ii) Testing locations. At the location, above the ground. choose a minimum of five locations as (iv) Antenna orientation. Orient the close as possible to the specific site testing antenna in the direction which where the site’s receiving antenna is maximizes the value of field strength located. If there is no receiving an- for the signal being measured. If more tenna at the site, choose the minimum than one station’s signal is being meas- of five locations as close as possible to ured, orient the testing antenna sepa- a reasonable and likely spot for the an- rately for each station. tenna. The locations shall be at least (3) Written record shall be made and three meters apart, enough so that the shall include at least the following: testing is practical. If possible, the (i) A list of calibrated equipment first testing point should be chosen as used in the field strength survey, which the center point of a square whose cor- for each instrument, specifies the man- ners are the four other locations. Cal- ufacturer, type, serial number and culate the median of the five measure- rated accuracy, and the date of the ments (in units of dBu) and report it as most recent calibration by the manu- the measurement result. facturer or by a laboratory. Include (iii) Multiple signals. If more than one complete details of any instrument not signal is being measured (i.e., signals of standard manufacture. from different transmitters), use the (ii) A detailed description of the cali- same locations to measure each signal. bration of the measuring equipment, (2) Measurement procedure. Measure- including field strength meters, meas- ments shall be made in accordance uring antenna, and connecting cable. with good engineering practice and in (iii) For each spot at the measuring accordance with this section of the site, all factors which may affect the Rules. At each measuring location, the recorded field, such as topography, following procedure shall be employed: height and types of vegetation, build- (i) Testing equipment. Measure the ings, obstacles, weather, and other field strength of the visual carrier with local features.

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(iv) A description of where the clus- chapter. At each measuring location, ter measurements were made. the following procedure shall be em- (v) Time and date of the measure- ployed: ments and signature of the person (i) Testing equipment. Perform an on- making the measurements. site calibration of the test instrument (vi) For each channel being meas- in accordance with the manufacturer’s ured, a list of the measured value of specifications. Tune a calibrated in- field strength (in units of dBu and after strument to the center of the channel adjustment for line loss and antenna being tested. Measure the integrated factor) of the five readings made dur- average power over the full 6 mega- ing the cluster measurement process, hertz bandwidth of the television sig- with the median value highlighted. nal. The intermediate frequency of the (e) DTV—Collection of field strength instrument should be set to 100 kilo- data to determine digital television signal hertz unless the instrument is specifi- intensity at an individual location—clus- cally designed by the manufacturer to ter measurements—(1) Preparation for use an alternative i.f. setting. The in- measurements—(i) Testing antenna. The strument must be capable of inte- test antenna shall be either a standard grating over the selected i.f. for the 6 half-wave dipole tuned to the center megahertz channel bandwidth. Take all frequency of the channel being tested measurements with a horizontally po- or a gain antenna provided its antenna larized antenna. Use a shielded trans- factor for the channel(s) under test has mission line between the testing an- been determined. Use the antenna fac- tenna and the field strength meter. tor supplied by the antenna manufac- Match the antenna impedance to the turer as determined on an antenna transmission line at all frequencies range. measured, and, if using an un-balanced (ii) Testing locations—At the test site, line, employ a suitable balance. Take choose a minimum of five locations as account of the transmission line loss close as possible to the specific site for each frequency being measured. where the site’s receiving antenna is (ii) Weather. Do not take measure- located. If there is no receiving an- ments during periods of inclement tenna at the site, choose a minimum of weather, including, but not limited to, five locations as close as possible to a periods of heavy rainfall, snowfall ac- reasonable and likely spot for the an- cumulation, high windspeed, or any tenna. The locations shall be at least combination thereof. three meters apart, enough so that the testing is practical. If possible, the (iii) Antenna elevation. When field first testing point should be chosen as strength is being measured for a one- the center point of a square whose cor- story building, elevate the testing an- ners are the four other locations. Cal- tenna to 6.1 meters (20 feet) above the culate the median of the five measure- ground. In situations where the field ments (in units of dBμ) and report it as strength is being measured for a build- the measurement. ing taller than one-story, elevate the (iii) Multiple signals— testing antenna 9.1 meters (30 feet) (A) If more than one signal is being above the ground. measured (i.e., signals from different (iv) Antenna orientation. Orient the transmitters), use the same locations testing antenna in the direction which to measure each signal. maximizes the value of field strength (B) For establishing eligibility of a for the signal being measured. If more satellite subscriber to receive distant than one station’s signal is being meas- network signals, only stations affili- ured, orient the testing antenna sepa- ated with the network in question that rately for each station. are located in the same Nielsen Des- (3) Written record shall be made and ignated Market Area (DMA) as the test shall include at least the following: site may be considered and tested. (i) A list of calibrated equipment (2) Measurement procedure. Measure- used in the field strength survey, which ments shall be made in accordance for each instrument specifies the man- with good engineering practice and in ufacturer, type, serial number and accordance with this section of this rated accuracy, and the date of the

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most recent calibration by the manu- acteristic (Figure 5a of § 73.699) by no facturer or by a laboratory. Include more than the following amounts: complete details of any instrument not ¥2 dB at 0.5 MHz below visual carrier fre- of standard manufacture. quency; (ii) A detailed description of the cali- ¥2 dB at 0.5 MHz above visual carrier fre- bration of the measuring equipment, quency; including field strength meters, meas- ¥2 dB at 1.25 MHz above visual carrier fre- uring antenna, and connecting cable. quency; (iii) For each spot at the measuring ¥3 dB at 2.0 MHz above visual carrier fre- site, all factors which may affect the quency; ¥6 dB at 3.0 MHz above visual carrier fre- recorded field, such as topography, quency; height and types of vegetation, build- ¥12 dB at 3.5 MHz above visual carrier fre- ings, obstacles, weather, and other quency; local features. ¥8 dB at 3.58 MHz above visual carrier fre- (iv) A description of where the clus- quency (for color transmission only). ter measurements were made. The field strength or voltage of the (v) Time and date of the measure- upper and lower sidebands, as radiated ments and signature of the person or dissipated and measured as de- making the measurements. scribed in paragraph (a)(2) of this sec- (vi) For each channel being meas- tion, shall not exceed a level of ¥20 dB ured, a list of the measured value of μ for a modulating frequency of 4.75 MHz field strength (in units of dB after ad- or greater. If interference to the recep- justment for line loss and antenna fac- tion of other stations is caused by out- tor) of the five readings made during of-channel lower sideband emission, the cluster measurement process, with the technical requirements applicable the median value highlighted. to stations operating on Channels 2–13 [40 FR 27683, July 1, 1975, as amended at 50 shall be met. FR 23701, June 5, 1985; 64 FR 7127, Feb. 12, (2) The attenuation characteristics of 1999; 64 FR 73433, Dec. 30, 1999; 75 FR 81498, a visual transmitter shall be measured Dec. 28, 2010] by application of a modulating signal to the transmitter input terminals in § 73.687 Transmission system require- place of the normal composite tele- ments. vision video signal. The signal applied (a) Visual transmitter. (1) The field shall be a composite signal composed strength or voltage of the lower side- of a synchronizing signal to establish band, as radiated or dissipated and peak output voltage plus a variable fre- measured as described in paragraph quency sine wave voltage occupying (a)(2) of this section, shall not be great- the interval between synchronizing er than ¥20 dB for a modulating fre- pulses. (The ‘‘synchronizing signal’’ re- quency of 1.25 MHz or greater and in ferred to in this section means either a addition, for color, shall not be greater standard synchronizing wave form or than ¥42 dB for a modulating fre- any pulse that will properly set the quency of 3.579545 MHz (the color sub- peak.) The axis of the sine wave in the carrier frequency). For both mono- composite signal observed in the out- chrome and color, the field strength or put monitor shall be maintained at an voltage of the upper sideband as radi- amplitude 0.5 of the voltage at syn- ated or dissipated and measured as de- chronizing peaks. The amplitude of the scribed in paragraph (a)(2) of this sec- sine wave input shall be held at a con- tion shall not be greater than ¥20 dB stant value. This constant value should for a modulating frequency of 4.75 MHz be such that at no modulating fre- or greater. For stations operating on quency does the maximum excursion of Channels 15–69 and employing a trans- the sine wave, observed in the com- mitter delivering maximum peak vis- posite output signal monitor, exceed ual power output of 1 kW or less, the the value 0.75 of peak output voltage. field strength or voltage of the upper The amplitude of the 200 kHz sideband and lower sidebands, as radiated or dis- shall be measured and designated zero sipated and measured as described in dB as a basis for comparison. The mod- paragraph (a)(2) of this section, shall ulation signal frequency shall then be depart from the visual amplitude char- varied over the desired range and the

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field strength or signal voltage of the transmissions, § 73.682(a) (5) and (6) corresponding sidebands measured. As shall be controlling. an alternate method of measuring, in (b) Aural transmitter. (1) Pre-emphasis those cases in which the automatic d-c shall be employed as closely as prac- insertion can be replaced by manual ticable in accordance with the imped- control, the above characteristic may ance-frequency characteristic of a se- be taken by the use of a video sweep ries inductance-resistance network generator and without the use of ped- having a time constant of 75 microsec- estal synchronizing pulses. The d-c onds. (See upper curve of Figure 12 level shall be set for midcharacteristic § 73.699.) operation. (2) If a limiting or compression am- (3) A sine wave, introduced at those plifier is employed, precaution should terminals of the transmitter which are be maintained in its connection in the normally fed the composite color pic- circuit due to the use of pre-emphasis ture signal, shall produce a radiated in the transmitting system. signal having an envelope delay, rel- (3) Aural modulation levels are speci- ative to the average envelope delay be- fied in § 73.1570. tween 0.05 and 0.20 MHz, of zero micro- (c) Requirements applicable to both vis- seconds up to a frequency of 3.0 MHz; ual and aural transmitters. (1) Auto- and then linearly decreasing to 4.18 matic means shall be provided in the MHz so as to be equal to ¥0.17 μsecs at visual transmitter to maintain the car- 3.58 MHz. The tolerance on the enve- rier frequency within ±1 kHz of the au- lope delay shall be ±0.05 μsecs at 3.58 thorized frequency; automatic means MHz. The tolerance shall increase lin- shall be provided in the aural trans- early to ±0.1 μsec down to 2.1 MHz, and mitter to maintain the carrier fre- remain at ±0.1 μsec down to 0.2 MHz. quency 4.5 MHz above the actual visual (Tolerances for the interval of 0.0 to 0.2 carrier frequency within ±1 kHz. MHz are not specified at the present (2) The transmitters shall be time.) The tolerance shall also increase equipped with suitable indicating in- linearly to ±0.1 μsec at 4.18 MHz. struments for the determination of op- (4) The radio frequency signal, as ra- erating power and with other instru- diated, shall have an envelope as would ments necessary for proper adjustment, be produced by a modulating signal in operation, and maintenance of the conformity with § 73.682 and Figure 6 or equipment. 7 of § 73.699, as modified by vestigial (3) Adequate provision shall be made sideband operation specified in Figure for varying the output power of the 5 of § 73.699. For stations operating on transmitters to compensate for exces- Channels 15–69 the radio frequency sig- sive variations in line voltage or for nal as radiated, shall have an envelope other factors affecting the output as would be produced by a modulating power. signal in conformity with § 73.682 and (4) Adequate provisions shall be pro- Figure 6 or 7 of § 73.699. vided in all component parts to avoid (5) The time interval between the overheating at the rated maximum leading edges of successive horizontal output powers. pulses shall vary less than one half of (d) The construction, installation, one percent of the average interval. and operation of broadcast equipment However, for color transmissions, is expected to conform with all applica- § 73.682(a) (5) and (6) shall be control- ble local, state, and federally imposed ling. safety regulations and standards, en- (6) The rate of change of the fre- forcement of which is the responsi- quency of recurrence of the leading bility of the issuing regulatory agency. edges of the horizontal synchronizing (e) Operation. (1) Spurious emissions, signals shall be not greater than 0.15 including radio frequency harmonics, percent per second, the frequency to be shall be maintained at as low a level as determined by an averaging process the state of the art permits. As meas- carried out over a period of not less ured at the output terminals of the than 20, nor more than 100 lines, such transmitter (including harmonic fil- lines not to include any portion of the ters, if required) all emissions removed blanking interval. However, for color in frequency in excess of 3 MHz above

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or below the respective channel edge mission, or a proper application has shall be attenuated no less than 60 dB. been received by the Commission prior below the visual transmitted power. to the date of the filing of the TV con- (The 60 dB. value for television trans- struction permit application. However, mitters specified in this rule should be a land mobile facility will not be pro- considered as a temporary requirement tected if it is proposed in an applica- which may be increased at a later date, tion that is denied or dismissed and especially when more higher-powered that action is no longer subject to equipment is utilized. Stations should, Commission review. Further, if the therefore, give consideration to the in- land mobile station is not operating stallation of equipment with greater when the TV facility commences oper- attenuation than 60 dB.) In the event of ation and it does not commence oper- interference caused to any service ation within the time permitted by its greater attenuation will be required. authorization in accordance with part (2) If a limiting or compression am- 90 of this chapter, it will not be pro- plifier is used in conjunction with the aural transmitter, due operating pre- tected. cautions should be maintained because (ii) A TV permittee must take steps of pre-emphasis in the transmitting before construction to identify poten- system. tial interference to normal land mobile (3) TV broadcast stations operating operation that could be caused by TV on Channel 14 and Channel 69 must emissions outside the authorized chan- take special precautions to avoid inter- nel, land mobile receiver desensitiza- ference to adjacent spectrum land motion or intermodulation. It must in- bile radio service facilities. Where a TV stall filters and take other precautions station is authorized and operating as necessary, and submit evidence that prior to the authorization and oper- no interference is being caused before ation of the land mobile facility, a it will be permitted to transmit pro- Channel 14 station must attenuate its gramming on the new facilities pursu- emissions within the frequency range ant to the provisions of § 73.1615 or 467 to 470 MHz and a Channel 69 station § 73.1620 of this part. A TV permittee must attentuate its emissions within must reduce its emissions within the the frequency range 806 to 809 MHz if land mobile channel of a protected land necessary to permit reasonable use of mobile facility that is receiving inter- the adjacent frequencies by land mo- ference caused by the TV emission pro- bile licensees. ducing a vertically polarized signal and (4) The requirements listed below a field strength in excess of 17 dBu at apply to permittees authorized to con- the land mobile receiver site on the struct a new station on TV Channel 14 land mobile frequency. The TV emis- or TV Channel 69, and to licensees au- sion should be measured with equip- thorized to change the channel of an ment set to a 30 kHz measurement existing station to Channel 14 or to bandwidth including the entire applica- Channel 69, to increase effective radi- ble land mobile channel. A TV per- ated power (ERP) (including any mittee must correct a desensitization change in directional antenna characteristics that results in an increase in problem if its occurrence can be di- ERP in any direction), or to change the rectly linked to the start of the TV op- transmitting location of an existing eration and the land mobile station is station. using facilities with typical desen- (i) For the purposes of this para- sitization rejection characteristics. A graph, a protected land mobile facility TV permittee must identify the source is a receiver that is intended to receive of an intermodulation product that is transmissions from licensed land mo- generated when the TV operation com- bile stations within the frequency band mences. If the intermodulation source below 470 MHz (as relates to Channel is under its control, the TV permittee 14) or above 806 MHz (as relates to must correct the problem. If the inter- Channel 69), and is associated with one modulation source is beyond the TV or more land mobile stations for which permittee’s control, it must cooperate a license has been issued by the Com- in the resolution of the problem and

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should provide whatever technical as- the meter to service within the above sistance it can. allowed period, informal request in ac- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, cordance with § 73.3549 may be filed for 1068, 1082 (47 U.S.C. 154, 155, 303)) such additional time as may be required to complete repairs of the defec- [28 FR 13660, Dec. 14, 1963] tive instrument. EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.687, see the List of CFR [41 FR 36818, Sept. 1, 1976, as amended at 48 Sections Affected, which appears in the FR 38480, Aug. 24, 1983; 49 FR 50048, Dec. 26, Finding Aids section of the printed volume 1984; 50 FR 26568, June 27, 1985; 80 FR 53750, and at www.govinfo.gov. Sept. 8, 2015]

§ 73.688 Indicating instruments. § 73.691 Visual modulation monitoring. (a) Each TV broadcast station shall (a) Each TV station must have meas- be equipped with indicating instru- uring equipment for determining that ments which conform with the speci- the transmitted visual signal conforms fications described in § 73.1215 for meas- to the provisions of this subpart. The uring the operating parameters of the licensee shall decide the monitoring last radio stage of the visual trans- and measurement methods or proce- mitter, and with such other instru- dures for indicating and controlling the ments as are necessary for the proper visual signal. adjustment, operation, and maintenance of the visual transmitting sys- (b) In the event technical problems tem. make it impossible to operate in ac- (b) The function of each instrument cordance with the timing and carrier shall be clearly and permanently level tolerance requirements of § 73.682 shown on the instrument itself or on (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and the panel immediately adjacent there- (a)(17), a TV broadcast station may op- to. erate at variance for a period of not (c) In the event that any one of these more than 30 days without specific au- indicating instruments becomes defec- thority from the FCC: provided that, tive, when no substitute which con- the date and time of the initial out-of- forms with the required specifications tolerance condition has been entered in is available, the station may be oper- the station log. If the operation at ated without the defective instrument variance will exceed 10 consecutive pending its repair or replacement for a days, a notification must be sent to the period not in excess of 60 days without FCC in Washington, D.C., not later further authority of the FCC, provided than the 10th day of such operation. In that: the event normal operation is resumed (1) If the defective instrument is the prior to the end of the 30 day period, transmission line meter used for deter- the licensee must notify the FCC upon mining the output power by the direct restoration of normal operation. If method, the operating power shall be causes beyond the control of the li- determined or maintained by the indi- censee prevent restoration of normal rect method whenever possible or by operation within 30 days, a written re- using the operating parameters of the quest must be made to the FCC in last radio stage of the transmitter dur- Washington, D.C., no later than the ing the time the station is operated 30th day for such additional time as without the transmission line meter. may be necessary. (2) If conditions beyond the control of the licensee prevent the restoration of [60 FR 55480, Nov. 1, 1995]

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§ 73.698 Tables.

TABLE I [RESERVED]

TABLE II

(4)—87.7 (6)—95.7 (2)—31.4 (3)—31.4 kilo- kilometers (5)—95.7 kilometers (7)—119.9 kilometers meters (19.5 (54.5 kilometers (59.5 kilometers (1)—Channel (19.5 miles) inter- miles) ad- (59.5 miles) (74.5 miles) If modulation jacent miles) os- sound miles) pic- beat channel cillator image ture image

14 ...... 22 16–19 15 21 28 29 15 ...... 23 17–20 14, 16 22 29 30 16 ...... 24 14, 18–21 15, 17 23 30 31 17 ...... 25 14–15, 19–22 16, 18 24 31 32 18 ...... 26 14–16, 20–23 17, 19 25 32 33 19 ...... 27 14–17, 21–24 18, 20 26 33 34 20 ...... 28 15–18, 22–25 19, 21 27 34 35 21 ...... 29 16–19, 23–26 20, 22 28, 14 35 36 22 ...... 30, 14 17–20, 24–27 21, 23 29, 15 36 37 23 ...... 31, 15 18–21, 25–28 22, 24 30, 16 37 38 24 ...... 32, 16 19–22, 26–29 23, 25 31, 17 38 39 25 ...... 33, 17 20–23, 27–30 24, 26 32, 18 39 40 26 ...... 34, 18 21–24, 28–31 25, 27 33, 19 40 41 27 ...... 35, 19 22–25, 29–32 26, 28 34, 20 41 42 28 ...... 36, 20 23–26, 30–33 27, 29 35, 21 42, 14 43 29 ...... 37, 21 24–27, 31–34 28, 30 36, 22 43, 15 44, 14 30 ...... 38, 22 25–28, 32–35 29, 31 37, 23 44, 16 45, 15 31 ...... 39, 23 26–29, 33–36 30, 32 38, 24 45, 17 46, 16 32 ...... 40, 24 27–30, 34–37 31, 33 39, 25 46, 18 47, 17 33 ...... 41, 25 28–31, 35–38 32, 34 40, 26 47, 19 48, 18 34 ...... 42, 26 29–32, 36–39 33, 35 41, 27 48, 20 49, 19 35 ...... 43, 27 30–33, 37–40 34, 36 42, 28 49, 21 50, 20 36 ...... 44, 28 31–34, 38–41 35, 37 43, 29 50, 22 51, 21 37 ...... 45, 29 32–35, 39–42 36, 38 44, 30 51, 23 52, 22 38 ...... 46, 30 33–36, 40–43 37, 39 45, 31 52, 24 53, 23 39 ...... 47, 31 34–37, 41–44 38, 40 46, 32 53, 25 54, 24 40 ...... 48, 32 35–38, 42–45 39, 41 47, 33 54, 26 55, 25 41 ...... 49, 33 36–39, 43–46 40, 42 48, 34 55, 27 56, 26 42 ...... 50, 34 37–40, 44–47 41, 43 49, 35 56, 28 57, 27 43 ...... 51, 35 38–41, 45–48 42, 44 50, 36 57, 29 58, 28 44 ...... 52, 36 39–42, 46–49 43, 45 51, 37 58, 30 59, 29 45 ...... 53, 37 40–43, 47–50 44, 46 52, 38 59, 31 60, 30 46 ...... 54, 38 41–44, 48–51 45, 47 53, 39 60, 32 61, 31 47 ...... 55, 39 42–45, 49–52 46, 48 54, 40 61, 33 62, 32 48 ...... 56, 40 43–46, 50–53 47, 49 55, 41 62, 34 63, 33 49 ...... 57, 41 44–47, 51–54 48, 50 56, 42 63, 35 64, 34 50 ...... 58, 42 45–48, 52–55 49, 51 57, 43 64, 36 65, 35 51 ...... 59, 43 46–49, 53–56 50, 52 58, 44 65, 37 66, 36 52 ...... 60, 44 47–50, 54–57 51, 53 59, 45 66, 38 67, 37 53 ...... 61, 45 48–51, 55–58 52, 54 60, 46 67, 39 68, 38 54 ...... 62, 46 49–52, 56–59 53, 55 61, 47 68, 40 69, 39 55 ...... 63, 47 50–53, 57–60 54, 56 62, 48 69, 41 70, 40 56 ...... 64, 48 51–54, 58–61 55, 57 63, 49 70, 42 71, 41 57 ...... 65, 49 52–55, 59–62 56, 58 64, 50 71, 43 72, 42 58 ...... 66, 50 53–56, 60–63 57, 59 65, 51 72, 44 73, 43 59 ...... 67, 51 54–57, 61–64 58, 60 66, 52 73, 45 74, 44 60 ...... 68, 52 55–58, 62–65 59, 61 67, 53 74, 46 75, 45 61 ...... 69, 53 56–59, 63–66 60, 62 68, 54 75, 47 76, 46 62 ...... 70, 54 57–60, 64–67 61, 63 69, 55 76, 48 77, 47 63 ...... 71, 55 58–61, 65–68 62, 64 70, 56 77, 49 78, 48 64 ...... 72, 56 59–62, 66–69 63, 65 71, 57 78, 50 79, 49 65 ...... 73, 57 60–63, 67–70 64, 66 72, 58 79, 51 80, 50 66 ...... 74, 58 61–64, 68–71 65, 67 73, 59 80, 52 81, 51 67 ...... 75, 59 62–65, 69–72 66, 68 74, 60 81, 53 82, 52 68 ...... 76, 60 63–66, 70–73 67, 69 75, 61 82, 54 83, 53 69 ...... 77, 61 64–67, 71–74 68, 70 76, 62 83, 55 54

NOTE: The parenthetical reference beneath the mileage figures in columns 2 through 7, inclusive, indicate, in abbreviated form, the bases for the required mileage separations. For a discussion of these bases, see the ‘‘Sixth Report and Order’’ of the Com- mission (FCC 52–294; 17 FR 3905, May 2, 1952). The hyphenated numbers listed in column (3) are both inclusive.

[28 FR 13660, Dec. 14, 1963, as amended at 39 FR 20377, June 10, 1974; 47 FR 35990, Aug. 18, 1982; 50 FR 23701, June 5, 1985; 54 FR 9807, Mar. 8, 1989]

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§ 73.699 TV engineering charts. This section consists of the following Figures: 1–5, 5a, 6–10, 10a–10e, 11–12, 13–16.

NOTE: The charts as reproduced herein, due to their small scale, are not to be used in connection with material submitted to the FCC.

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FIGURES 13 THROUGH 15 [RESERVED]

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[28 FR 13660, Dec. 14, 1963, as amended at 36 FR 17429, Aug. 31, 1971; 39 FR 40957, Nov. 22, 1974; 40 FR 27684, July 1, 1975; 41 FR 56326, Dec. 28, 1976; 44 FR 36040, June 20, 1979; 47 FR 3790, Jan. 27, 1982; 47 FR 35990, Aug. 18, 1982; 50 FR 13972, Apr. 9, 1985; 50 FR 23701, June 5, 1985; 50 FR 32205, Aug. 9, 1985; 52 FR 11656, Apr. 10, 1987; 54 FR 9807, Mar. 8, 1989; 58 FR 29983, May 25, 1993]

EFFECTIVE DATE NOTE: At 42 FR 25736, May 19, 1977, the effective date of § 73.699 Figure 10e was stayed indefinitely.

Subpart F—International (c) Frequency-hour. One frequency Broadcast Stations used for one hour regardless of the number of transmitters over which it is § 73.701 Definitions. simultaneously broadcast by a station during that hour. The following definitions apply to (d) Multiple operation. Broadcasting terminology employed in this subpart: by a station on one frequency over two (a) International broadcast stations. A or more transmitters simultaneously. broadcasting station employing fre- If a station uses the same frequency si- quencies allocated to the broadcasting multaneously on each of two (three, service between 5900 and 26100 kHz, the etc.) transmitters for an hour, it uses transmissions of which are intended to one frequency-hour and two (three, be received directly by the general pub- etc.) transmitter-hours. lic in foreign countries. (A station may (e) Coordinated Universal Time (UTC). be authorized more than one trans- Time scale, based on the second (SI), as mitter.) There are both Federal and defined in Recommendation ITU–R non-Federal Government international TF.460–6. For most practical purposes broadcast stations; only the latter are associated with the ITU Radio Regula- licensed by the Commission and are tions, UTC is equivalent to mean solar subject to the rules of this subpart. time at the prime meridian (0° lon- (b) Transmitter-hour. One frequency gitude), formerly expressed in GMT. used on one transmitter for one hour. (RR)

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(f) Sunspot number. The 12–month (p) Area of reception. Any geographic running average of the number of sun- area smaller than a zone of reception spots for any month as indicated in the in which the reception of particular U.S. Department of Commerce Tele- programs is specifically intended and communications Research and Engi- in which broadcast coverage is con- neering Report No. 13—available from templated, such areas being indicated the Superintendent of Documents, by countries or parts of countries. Washington, DC 20402. The sunspot (q) Delivered median field strength, or number varies in an approximate 11– field strength. The field strength inci- year cycle. dent upon the zone or area of reception (g) Day. Any twenty-four hour period expressed in microvolts per meter, or beginning 0100 UTC and ending 0100 decibels above one microvolt per UTC. meter, which is exceeded by the hourly (h) Schedule A. That portion of any median value for 50 percent of the days year commencing at 0100 UTC on the of the reference month. last Sunday in March and ending at (r) Carrier power. The average power 0100 UTC on the last Sunday in Octo- supplied to the antenna transmission ber. line by a transmitter during one radio (i) Schedule B. That portion of any frequency cycle under conditions of no year commencing at 0100 UTC on the modulation. last Sunday in October and ending at 0100 UTC on the last Sunday in March. [38 FR 18892, July 16, 1973, as amended at 68 FR 25538, May 13, 2003; 70 FR 46676, Aug. 10, (j) [Reserved] 2005] (k) Seasonal schedule. An assignment, for a season, of a frequency or fre- § 73.702 Assignment and use of frequencies, and other technical param- quencies. eters, to be used by a station for trans- (a) Frequencies will be assigned by mission to particular zones or areas of the Commission prior to the start of reception during specified hours. each season to authorized inter- (l) Reference month. That month of a national broadcasting stations for use season which is used for determining during the season at specified hours predicted propagation characteristics and for transmission to specified zones for the season. The reference month for or areas of reception, with specified Schedule A is July and the reference power and antenna bearing. Six months month for Schedule B is December. prior to the start of each season, li- (m) Maximum usable frequency (MUF). censees and permittees shall by infor- The highest frequency which is re- mal written request, submitted to the turned by ionospheric radio propaga- Commission in triplicate, indicate for tion to the surface of the earth for a the season the frequency or frequencies particular path and time of day for 50 desired for transmission to each zone percent of the days of the reference or area of reception specified in the li- month. cense or permit, the specific hours dur- (n) Optimum working frequency (FOT). ing which it desires to transmit to such The highest frequency which is re- zones or areas on each frequency, and turned by ionospheric radio propaga- the power, antenna gain, and antenna tion to the surface of the earth for a bearing it desires to use. Requests will particular path and time of day for 90 be honored to the extent that inter- percent of the days of the reference ference and propagation conditions month. permit and that they are otherwise in NOTE: The international abbreviation for accordance with the provisions of this optimum working frequency, FOT, is formed section. with the initial letters of the French words (b) After necessary processing of the for ‘‘optimum working frequency’’ which are requests required by paragraph (a) of ‘‘frequence optimum de travail.’’ this section, the Commission will no- (o) Zone of reception. Any geographic tify each licensee and permittee of the zone indicated in § 73.703 in which the frequencies, hours of use thereof to reception of particular programs is spe- specified zones or areas of reception, cifically intended and in which broad- power, and antenna bearing which it cast coverage is contemplated. intends to authorize for the season in

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question. After receipt of such notifica- permittees who anticipate applying for tion, the licensee or permittee shall, in and receiving program test authority writing, not later than two months be- for operation during the specified sea- fore the start of the season in question, son. inform the Commission either that it NOTE: Permittees who during the process plans to operate in accordance with the of construction wish to engage in equipment authorization which the Commission tests shall by informal written request, sub- intends to issue, or that it plans to op- mitted to the Commission in triplicate not erate in another manner. If the li- less than 30 days before they desire to begin censee or permittee indicates that it such testing, indicate the frequencies they plans to operate in another manner, it desire to use for testing and the hours they shall furnish explanatory details. desire to use those frequencies. No equip- (c) If after submitting the request re- ment testing shall occur until the Commis- sion has authorized frequencies and hours for quired under the provisions of para- such testing. Such authorizations shall be graph (a) of this section, but before re- only for one season, and if it is desired to ceipt of the Commission’s notification continue equipment testing in a following referred to in paragraph (b) of this sec- season, new requests for frequencies and tion, the licensee or permittee submits hours must be submitted at least 30 days be- a request for changes of its original re- fore it is desired to begin testing in the fol- quest, such requests will be accepted lowing season. for consideration only if accompanied (e) Within 14 days after the end of by statements showing good cause each season, a report shall be filed with therefor and will be honored only if the Commission by each licensee or conditions permit. If the information permittee operating under program required to be submitted by the li- test authority who has been issued a censee or permittee under the provi- seasonal schedule for that season. The sions of paragraph (b) of this section report shall state whether the licensee indicates that operation in another or permittee has operated the number manner is contemplated, and the ex- of frequency-hours authorized by the planatory details contain a request for seasonal schedule to each of the zones change in the originally proposed man- or areas of reception specified in the ner of operation, such requests will be schedule. If such operation has not oc- accepted for consideration only if ac- curred, a detailed explanation of that companied by statements showing good fact shall also be submitted which in- cause therefor and will be honored only cludes specific dates, frequency-hours if conditions permit. If after the li- not used, and reasons for the failure to censee or permittee submits the infor- operate as authorized. The report shall mation required under the provisions also contain information that has been of paragraph (b) of this section, but be- received by the licensee or permittee fore the start of the season in question, as to reception or interference, and the licensee or permittee submits a re- conclusions with regard to propagation quest for changes in its manner of op- characteristics of frequencies that were eration for the season in question, the assigned for the season in question. request will be accepted for consider- (f) Assigned frequencies. To the extent ation only if accompanied by state- practicable, the frequencies assigned to ments showing good cause therefor and international broadcast stations shall will be honored only if conditions per- be within the following frequency mit. If after the start of a season the li- bands, which are allocated to the censee or permittee submits a request broadcasting service on a primary and for changes in the manner of operation exclusive basis, except as noted in as authorized, the request will be con- paragraph (f)(1)(ii) of this section: sidered only if accompanied by state- (1) In all Regions: ments showing good cause therefor, (i) Exclusive: 5,900–6,200 kHz; 7,300– and will be honored only if conditions 7,350 kHz; 9,400–9,900 kHz; 11,600–12,100 permit. kHz; 13,570–13,870 kHz; 15,100–15,800 kHz; (d) The provisions of paragraphs (a), 17,480–17,900 kHz; 18,900–19,020 kHz; (b), and (c) of the section shall apply to 21,450–21,850 kHz; and 25,670–26,100 kHz. licensees, to permittees operating (ii) Co-primary: 7,350–7,400 kHz, except under program test authority, and to in the countries listed in 47 CFR 2.106,

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footnote 5.143C, where this band is also chosen so that a given frequency will allocated to the fixed service on a pri- provide the largest period of reliable mary basis. transmission to the selected zone or (2) In Region 1 and Region 3: 7,200–7,300 area of reception. Moreover, at the kHz and 7,400–7,450 kHz. zone or area of reception frequencies shall provide protection to the trans- NOTE TO PARAGRAPH (f): For the allocation missions of other broadcasting stations of frequencies, the ITU has divided the world into three Regions, which are defined in 47 which, in the opinion of the Commis- CFR 2.104(b). The bands 7,200–7,300 kHz and sion, have priority of assignment. 7,400–7,450 kHz are not allocated to the NOTE 1: Requests for frequency-hours shall broadcasting service in Region 2. Subject to be accompanied by all pertinent technical not causing harmful interference to the data with reference to the frequencies and broadcasting service, fixed and mobile serv- hours of operation, including calculated field ices may operate in certain of the inter- strengths delivered to the zones or areas of national broadcasting bands; see 47 CFR reception. 2.106, footnotes 5.136, 5.143, 5.143A, 5.143B, NOTE 2: It is preferable that calculated 5.143D, 5.146, 5.147, and 5.151. field strengths delivered to zones or areas of (g) [Reserved] reception be equal to or greater than those required by I.F.R.B. Technical Standards, (h) Requirements for Regional oper- Series A (and supplements thereto), in order ation. (1) Frequency assignments in the for the I.F.R.B. to afford the notified assign- bands 7,200–7,300 kHz and 7,400–7,450 ment protection from interference. Never- kHz shall be restricted to international theless, calculated field strengths less than broadcast stations in the Pacific insu- those required by the I.F.R.B. standards for lar areas that are located in Region 3 protection will be acceptable to the Commis- (as defined in 47 CFR 2.105(a), note 3) sion. However, licensees should note that if such lesser field strengths are submitted no that transmit to geographical zones protection from interference will be provided and areas of reception in Region 1 or by the I.F.R.B. if their technical examina- Region 3. tion of such notifications show incompati- (2) During the hours of 0800–1600 UTC bilities with other notified assignments fully (Coordinated Universal Time) antenna complying with I.F.R.B. technical standards. gain with reference to an isotropic ra- NOTE 3: Licensees are permitted to engage diator in any easterly direction that in multiple operation as defined in § 73.701(d). would intersect any area in Region 2 NOTE 4: Seasonal requests for frequency- hours will be only for transmissions to zones shall not exceed 2.15 dBi, except in the or areas of reception specified in the basic case where a transmitter power of less instrument of authorization. Changes in than 100 kW is used. In this case, an- such zones or areas will be made only on sep- tenna gain on restricted azimuths shall arate application for modification of such in- not exceed that which is determined in struments. accordance with equation below. Sta- (j) Not more than one frequency will tions desiring to operate in this band be assigned for use at any one time for must submit sufficient antenna per- any one program transmission except formance information to ensure com- in instances where a program is in- pliance with these restrictions. Per- tended for reception in more than one mitted gain for transmitter powers less zone or area of reception and the in- than 100 kW: tended zones or areas cannot be served by a single frequency: Provided, how- ⎛100⎞ Gi =+215. 10 log dBi ever, That on a showing of good cause a ⎝ Pa ⎠ licensee may be authorized to operate on more than one frequency at any one Where: time to transmit any one program to a Gi = maximum gain permitted with ref- single zone or area of reception. erence to an isotropic radiator. (k) Any frequency assigned to a li- Pa = Transmitter power employed in kW. censee or permittee shall also be avail- (i) Frequencies requested for assignable for assignment to other licensees ment must be as near as practicable to or permittees. the optimum working frequency (un- (l) All assignments of frequencies and less otherwise justified) for the zone or the hours during which they will be area of reception for the period and used will be made with the express un- path of transmission, and should be derstanding that they are subject to

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immediate cancellation or change such reduction would be consistent without hearing whenever the Commis- with the public interest may be author- sion determines that interference or ized the frequency-hours requested. propagation conditions so require and that each frequency-hour assignment NOTE: The provisions of this paragraph are not to be construed to mean that a total of for a given seasonal schedule is unique 100 (or more) frequency-hours per day is as- unto itself and not necessarily avail- sured licensees. Frequency-hours will only be able for use during a subsequent sea- assigned to the extent that they are avail- son. able. It is the responsibility of each licensee (m) The total maximum number of to make all technical studies to show that frequency-hours which will be author- frequency-hours requested by it are available ized to all licensees of international and suitable for use as proposed. broadcasting stations during any one [38 FR 18892, July 16, 1973, as amended at 51 day for any season is 100. The number FR 9965, Mar. 24, 1986; 68 FR 25538, May 13, of frequency-hours allocated to any li- 2003; 70 FR 46676, Aug. 10, 2005; 73 FR 25496, censee will depend on past usage, avail- May 6, 2008; 75 FR 63031, Oct. 13, 2010] ability, and need. If for a forthcoming season the total of the requests for § 73.703 Geographical zones and areas daily frequency-hours of all licensees of reception. exceeds 100, all licensees will be noti- The zones or areas of reception to be fied and each licensee that makes an served by international broadcasting adequate showing that good cause ex- stations shall be based on the following ists for not having its requested num- map, and directive antennas shall be ber of frequency-hours reduced and employed to direct transmissions that operation of its station without thereto:

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[38 FR 18893, July 16, 1973, as amended at 68 FR 25538, May 13, 2003]

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§ 73.712 Equipment tests. terms and conditions of the construc- (a) During the process of construction permit must be filed with the li- tion of an international broadcasting cense application. station, the permittee, having obtained (b) Program tests shall not com- authorization for frequencies and hours mence until specific Commission au- as set forth in the Note to § 73.702(d) thority is received. The Commission may, without further authority of the reserves the right to change the date of FCC, conduct equipment tests for the the beginning of such tests or to sus- purpose of such adjustments and meas- pend or revoke the authority for pro- urements as may be necessary to as- gram tests as and when such action sure compliance with the terms of the may appear to be in the public interest, construction permit, the technical pro- convenience, and necessity. visions of the application therefor and (c) Unless sooner suspended or re- the rules and regulations. Such tests voked, program test authority con- shall use voice identification and test tinues valid during Commission consid- tones only. No programming shall be eration of the application for license conducted during equipment tests. and during this period further exten- (b) The Commission may notify the sion of the construction permit is not permittee to conduct no tests or may required. Program test authority shall cancel, suspend, or change the date for be automatically terminated by final the beginning of equipment tests when determination upon the application for and if such action may appear to be in station license. the public interest, convenience, and (d) All operation under program test necessity. authority shall be in strict compliance (c) Equipment tests may be contin- with the rules governing international ued so long as the construction permit broadcasting stations and in strict ac- shall remain valid: Provided, however, cordance with representations made in That the procedure set forth in para- the application for license pursuant to graph (a) of this section must be re- which the tests were authorized. peated prior to the conducting of such (e) The granting of program test au- tests in each season after the season in thority shall not be construed as ap- which the testing began. proval by the Commission of the appli- (d) The authorization for tests em- cation for station license. bodied in this section shall not be construed as constituting a license to op- [38 FR 18894, July 16, 1973, as amended at 47 erate but as a necessary part of con- FR 40174, Sept. 13, 1982] struction. § 73.731 Licensing requirements. [28 FR 13696, Dec. 14, 1963, as amended at 37 (a) A license for an international FR 25842, Dec. 5, 1972. Redesignated and amended at 38 FR 18894, July 16, 1973; 47 FR broadcasting station will be issued 40174, Sept. 13, 1982] only after a satisfactory showing has been made in regard to the following, § 73.713 Program tests. among others: (a) Upon completion of construction (1) That there is a need for the inter- of an international broadcasting sta- national broadcasting service proposed tion in accordance with the terms of to be rendered. the construction permit, the technical (2) That the necessary program provisions of the application therefor, sources are available to the applicant and the rules and regulations and the to render the international service pro- applicable engineering standards, and posed. when an application for station license (3) That the production of the pro- has been filed showing the station to be gram service and the technical oper- in satisfactory operating condition, the ation of the proposed station will be permittee may request authority to conducted by qualified persons. conduct program tests. Such request (4) That the applicant is legally, shall be filed with the FCC at least 10 technically and financially qualified days prior to the date on which it is de- and possesses adequate technical facili- sired to begin such operation. All data ties to carry forward the service pro- necessary to show compliance with the posed.

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(5) That the public interest, conven- ward the specific zone or area of recep- ience and necessity will be served tion intended to be served shall be at through the operation of the proposed least 10 times the average power from station. the antenna in the horizontal plane. Radiation in all other directions shall [38 FR 18895, July 16, 1973] be suppressed to the maximum extent § 73.732 Authorizations. technically feasible. In order to eliminate or mitigate harmful interference, Authorizations issued to inter- the direction of the maximum lobe national broadcasting stations by the may be adjusted upon approval of the Commission will be authorizations to Commission. permit the construction or use of a particular transmitting equipment com- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, bination and related antenna systems 1068, 1082 (47 U.S.C. 154, 155, 303)) for international broadcasting, and to [38 FR 18895, July 16, 1973, as amended at 44 permit broadcasting to zones or areas FR 65765, Nov. 15, 1979] of reception specified on the instrument of authorization. The authoriza- § 73.754 Frequency monitors. tions will not specify the frequencies to (a) The licensee of each international be used or the hours of use. Requests broadcast station shall operate a fre- for frequencies and hours of use will be quency monitor at the transmitter made as provided in § 73.702. Seasonal independent of the frequency control of schedules, when issued pursuant to the the transmitter. provisions of § 73.702, will become at- (b) The frequency monitor shall be tachments to and part of the instru- designed and constructed in accordance ment of authorization, replacing any with good engineering practice. It shall such prior attachments. have an accuracy sufficient to deter- [38 FR 18895, July 16, 1973] mine that the operating frequency is within one-half of the allowed toler- § 73.733 Normal license period. ance. All international broadcast station [37 FR 25842, Dec. 5, 1972] licenses will be issued so as to expire at the hour of 3 a.m. local time and will § 73.755 Modulation monitors. be issued for a normal period of 8 years expiring November 1. The licensee of each international broadcast station shall have a modula- [62 FR 5347, Feb. 5, 1997] tion monitor in operation at the transmitter. § 73.751 Operating power. No international broadcast station [37 FR 25842, Dec. 5, 1972] shall be authorized to install, or be li- § 73.756 System specifications for dou- censed for operation of, transmitter ble-sideband (DBS) modulated emis- equipment with: sions in the HF broadcasting serv- (a) A rated carrier power of less than ice. 50 kilowatts (kW) if double-sideband (a) Channel spacing. The nominal (DSB) modulation is used, spacing for DSB shall be 10 kHz. How- (b) A peak envelope power of less ever, the interleaved channels with a than 50 kW if single-sideband (SSB) separation of 5 kHz may be used in ac- modulation is used, or cordance with the relative protection (c) A mean power of less than 10 kW criteria, provided that the interleaved if digital modulation is used. emission is not to the same geo- [70 FR 46676, Aug. 10, 2005] graphical area as either of the emissions between which it is interleaved. § 73.753 Antenna systems. (b) Emission characteristics—(1) Nomi- All international broadcasting sta- nal carrier frequencies. Nominal carrier tions shall operate with directional an- frequencies shall be integral multiples tennas. Such antennas shall be de- of 5 kHz. signed and operated so that the radi- (2) Audio-frequency band. The upper ated power in the maximum lobe to- limit of the audio-frequency band (at—

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3 dB) of the transmitter shall not ex- ing. This could be avoided if the frequency ceed 4.5 kHz and the lower limit shall tolerance were 0.1 Hz, a tolerance which be 150 Hz, with lower frequencies at- would be suitable for SSB emissions. tenuated at a slope of 6 dB per octave. NOTE 2 TO PARAGRAPH (b)(2): The SSB system adopted for the bands allocated exclu- (3) Modulation processing. If audio-fre- sively to HF broadcasting does not require a quency signal processing is used, the frequency tolerance less than 10 Hz. The deg- dynamic range of the modulating sig- radation mentioned in Note 1 occurs when nal shall be not less than 20 dB. the ratio of wanted-to-interfering signal is (4) Necessary bandwidth. The nec- well below the required protection ratio. essary bandwidth shall not exceed 9 This remark is equally valid for both DSB kHz. and SSB emissions. [70 FR 46677, Aug. 10, 2005] (3) Audio-frequency band. The upper limit of the audio-frequency band (at— § 73.757 System specifications for sin- 3 dB) of the transmitter shall not ex- gle-sideband (SSB) modulated emis- ceed 4.5 kHz with a further slope of at- sions in the HF broadcasting serv- tenuation of 35 dB/kHz and the lower ice. limit shall be 150 Hz with lower fre- (a) System parameters—(1) Channel quencies attenuated at a slope of 6 dB spacing. In a mixed DSB, SSB and dig- per octave. ital environment (see Resolution 517 (4) Modulation processing. If audio-fre- (Rev.WRC–03)), the channel spacing quency signal processing is used, the shall be 10 kHz. In the interest of spec- dynamic range of the modulating sig- trum conservation, it is also permis- nal shall be not less than 20 dB. sible to interleave SSB emissions mid- (5) Necessary bandwidth. The nec- way between two adjacent DSB chan- essary bandwidth shall not exceed 4.5 nels, i.e., with 5 kHz separation be- kHz. tween carrier frequencies, provided (6) Carrier reduction (relative to peak that the interleaved emission is not to envelope power). In a mixed DSB, SSB the same geographical area as either of and digital environment, the carrier re- the emissions between which it is duction shall be 6 dB to allow SSB interleaved. In an all inclusive SSB en- emissions to be received by conven- vironment, the channel spacing and tional DSB receivers with envelope de- carrier frequency separation shall be 5 tection without significant deteriora- kHz. tion of the reception quality. (2) Equivalent sideband power. When (7) Sideband to be emitted. Only the the carrier reduction relative to peak upper sideband shall be used. envelope power is 6 dB, an equivalent (8) Attenuation of the unwanted side- SSB emission is one giving the same band. The attenuation of the unwanted audio-frequency signal-to-noise ratio sideband (lower sideband) and of inter- at the receiver output as the cor- modulation products in that part of the responding DSB emission, when it is emission spectrum shall be at least 35 received by a DSB receiver with enve- dB relative to the wanted sideband sig- lope detection. This is achieved when nal level. However, since there is in the sideband power of the SSB emis- practice a large difference between sig- sion is 3 dB larger than the total side- nal amplitudes in adjacent channels, a band power of the DSB emission. (The greater attenuation is recommended. peak envelope power of the equivalent [70 FR 46677, Aug. 10, 2005] SSB emission and the carrier power are the same as that of the DSB emission.) § 73.758 System specifications for (b) Emission characteristics—(1) Nomi- digitally modulated emissions in nal carrier frequencies. Nominal carrier the HF broadcasting service. frequencies shall be integral multiples (a) For digitally modulated emis- of 5 kHz. sions, the Digital Radio Mondiale (2) Frequency tolerance. The frequency (DRM) standard shall be employed. tolerance shall be 10 Hz. Both digital audio broadcasting and NOTE 1 TO PARAGRAPH (b)(2): The ITU sug- datacasting are authorized. The RF re- gests that administrations avoid carrier fre- quirements for the DRM system are quency differences of a few hertz, which specified in paragraphs (b) and (c), of cause degradations similar to periodic fad- this section.

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(b) System parameters—(1) Channel ation of such characteristics as the spacing. The initial spacing for propagation conditions expected. There digitally modulated emissions shall be is no single specification, only the 10 kHz. However, interleaved channels upper and lower bounds noted in this with a separation of 5 kHz may be used paragraph. in accordance with the appropriate pro- (4) Modulation. Quadrature amplitude tection criteria appearing in Resolu- modulation (QAM) with orthogonal fre- tion 543 (WRC–03), provided that the quency division multiplexing (OFDM) interleaved emission is not to the same shall be used. 64–QAM is feasible under geographical area as either of the emis- many propagation conditions; others sions between which it is interleaved. such as 32–, 16– and 8–QAM are specified (2) Channel utilization. Channels using for use when needed. digitally modulated emissions may (5) RF protection ratio values. The pro- share the same spectrum or be tection ratio values for analogue and interleaved with analog emissions in digital emissions for co-channel and the same high frequency broadcasting adjacent channel conditions shall be in (HFBC) band, provided the protection accordance with Resolution 543 (WRC– afforded to the analog emissions is at 03) as provisional RF protection ratio least as great as that which is cur- values subject to revision or confirma- rently in force for analog-to-analog tion by a future competent conference. protection. Accomplishing this may re- [70 FR 46677, Aug. 10, 2005] quire that the digital spectral power density (and total power) be lower by § 73.759 Auxiliary transmitters. several dB than is currently used for Upon showing that a need exists for either DSB or SSB emissions. the use of auxiliary transmitters, a li- (c) Emission characteristics—(1) Band- cense may be issued provided that: width and center frequency. A full (a) Auxiliary transmitters may be in- digitally modulated emission will have stalled either at the same location as a 10 kHz bandwidth with its center fre- the main transmitters or at another lo- quency at any of the 5 kHz center fre- cation. quency locations in the channel raster (b) [Reserved] currently in use within the HFBC (c) The auxiliary transmitters shall bands. Among several possible ‘‘simul- be maintained so that they may be put cast’’ modes are those having a com- into immediate operation at any time bination of analog and digital emis- for the following purposes: sions of the same program in the same (1) The transmission of the regular channel, that may use a digital emis- programs upon the failure of the main sion of 5 kHz or 10 kHz bandwidth, next transmitters. to either a 5 kHz or 10 kHz analog (2) The transmission of regular pro- emission. In all cases of this type, the grams during maintenance or modifica- 5 kHz interleaved raster used in HFBC tion work on the main transmitter, ne- shall be adhered to in placing the emis- cessitating discontinuance of its oper- sion within these bands. ation for a period not to exceed 5 days. (2) Frequency tolerance. The frequency (This includes the equipment changes tolerance shall be 10 Hz. See Section which may be made without authority 73.757(b)(2), notes 1 and 2. as set forth elsewhere in the rules and (3) Audio-frequency band. The quality regulations or as authorized by the of service, using digital source coding Commission by letter or by construc- within a 10 kHz bandwidth, taking into tion permit. Where such operation is account the need to adapt the emission required for periods in excess of 5 days, coding for various levels of error avoid- request therefor shall be in accordance ance, detection and correction, can with § 73.3542 of this chapter.) range from the equivalent of (3) Upon request by a duly authorized monophonic FM (approximately 15 representative of the Commission. kHz) to the low-level performance of a (d) The auxiliary transmitters shall speech codec (of the order of 3 kHz). be tested at least once each week to de- The choice of audio quality is con- termine that they are in proper oper- nected to the needs of the broadcaster ating condition and that they are ad- and listener, and includes the consider- justed to the proper frequency except

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that in the case of operation in accord- (f) Change in direction or gain of an- ance with paragraph (c) of this section tenna system. during any week, the test in that week Other changes, not specified above in may be omitted provided the operation this section, may be made at any time under paragraph (c) of this section is without the authority of the Commis- satisfactory. A record shall be kept of sion: Provided, That the Commission the time and result of each test. Such shall be immediately notified thereof records shall be retained for a period of and such changes shall be shown in the two years. (e) The auxiliary transmitters shall next application for renewal of license. be equipped with satisfactory control (Secs. 4, 5, 303, 48 Stat., as amended, 1066, equipment which will enable the main- 1068, 1082 (47 U.S.C. 154, 155, 303)) tenance of the frequency emitted by [38 FR 18895, July 16, 1973, as amended at 44 the station within the limits prescribed FR 65765, Nov. 15, 1979. Redesignated at 70 FR by the regulations in this part. 46677, Aug. 10, 2005, as amended at 82 FR (f) The operating power of an auxil- 57882, Dec. 8, 2017] iary transmitter may be less but not greater than the authorized power of § 73.762 Time of operation. the main transmitters. (a) All international broadcasting [28 FR 13696, Dec. 14, 1963, as amended at 37 stations shall operate in accordance FR 25843, Dec. 5, 1972; 60 FR 55480, Nov. 1, with the times indicated on their sea- 1995. Redesignated at 70 FR 46677, Aug. 10, sonal schedules. 2005] (b) In the event that causes beyond a § 73.760 Alternate main transmitters. licensee’s control make it impossible to adhere to the seasonal schedule or The licensee of an international to continue operating, the station may broadcast station may be licensed for limit or discontinue operation for a pe- alternate main transmitters provided riod of not more than 10 days, without that a technical need for such alter- further authority from the FCC. How- nate transmitters is shown and that ever, in such cases, the FCC shall be the following conditions are met: Both immediately notified in writing of such transmitters: (a) Are located at the same place; limitation or discontinuance of oper- (b) Shall have the same power rating; ation and shall subsequently be noti- and fied when the station resumes regular (c) Shall meet the construction, in- operation. stallation, operation, and performance (c) In the event that causes beyond a requirements of good engineering prac- licensee’s control make it impossible tice. to adhere to the seasonal schedule or to continue operating for a temporary [37 FR 25843, Dec. 5, 1972. Redesignated at 70 period of more than 10 days, the sta- FR 46677, Aug. 10, 2005] tion may not limit or discontinue oper- § 73.761 Modification of transmission ation until it requests and receives spe- systems. cific authority to do so from the FCC. When the station subsequently resumes Specific authority, upon filing formal application (FCC Form 309) therefor, is regular operation after such limited required for any of the following operation or discontinuance of oper- changes: ation, it shall notify the FCC in Wash- (a) Change involving an increase or ington, DC. The license of a broad- decrease in the power rating of the casting station that fails to transmit transmitters. broadcast signals for any consecutive (b) A replacement of the transmitters 12-month period expires as a matter of as a whole. law at the end of that period, notwith- (c) Change in the location of the standing any provision, term, or condi- transmitting antenna. tion of the license to the contrary. (d) Change in the power delivered to [38 FR 18895, July 16, 1973, as amended at 47 the antenna. FR 40174, Sept. 13, 1982; 61 FR 28767, June 6, (e) Change in frequency control and/ 1996. Redesignated at 70 FR 46677, Aug. 10, or modulation system. 2005]

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§ 73.765 Determining operating power. plaint has been fully satisfied or until The operating power specified in the same has been barred by statute § 73.751 shall be determined by use of a limiting the time for the filing of suits calibrated dummy load or by any other upon such claims. method specified by the licensee and [28 FR 13696, Dec. 14, 1963] accepted by the Commission. Such method may subsequently be used by § 73.787 Station identification. the licensee to maintain the authorized (a) A licensee of an international operating power. broadcast station shall make station (Secs. 4, 5, 303, 48 Stat., as amended, 1066, identification announcement (call let- 1068, 1082 (47 U.S.C. 154, 155, 303)) ters and location), at the beginning and ending of each time of operation and [38 FR 18895, July 16, 1973, as amended at 44 FR 65765, Nov. 15, 1979] during the operation on the hour. (b) Station identification, program § 73.766 [Reserved] announcements, and oral continuity shall be made with international sig- § 73.781 Logs. nificance (language particularly) which The licensee or permittee of each is designed for the foreign country or international broadcast station must countries for which the service is pri- maintain the station log in the fol- marily intended. lowing manner: [28 FR 13696, Dec. 14, 1963, as amended at 34 (a) In the program log: FR 19762, Dec. 17, 1969; 38 FR 18896, July 16, (1) An entry of the time each station 1973] identification announcement (call letters and location) is made. § 73.788 Service; commercial or spon- (2) An entry briefly describing each sored programs. program broadcast, such as ‘‘music’’, (a) A licensee of an international ‘‘drama’’, ‘‘speech’’, etc., together with broadcast station shall render only an the name or title thereof, language, international broadcast service which and the sponsor’s name, with the time will reflect the culture of this country of the beginning and ending of the com- and which will promote international plete program. goodwill, understanding, and coopera- (3) For each program of network ori- tion. Any program solely intended for gin, an entry showing the name of the and directed to an audience in the con- network originating the program. tinental United States does not meet [28 FR 13696, Dec. 14, 1963, as amended at 37 the requirements for this service. FR 25843, Dec. 5, 1972; 48 FR 38480, Aug. 24, (b) Such international broadcast 1983] service may include commercial or sponsored programs: Provided, That: § 73.782 Retention of logs. (1) Commercial program continuities Logs of international broadcast sta- give no more than the name of the tions shall be retained by the licensee sponsor of the program and the name or permittee for a period of two years: and general character of the com- Provided, however, That logs involving modity, utility or service, or attrac- communications incident to a disaster tion advertised. or which include communications inci- (2) In case of advertising a com- dent to or involved in an investigation modity, the commodity is regularly by the Commission and concerning sold or is being promoted for sale on which the licensee or permittee has the open market in the foreign country been notified, shall be retained by the or countries to which the program is licensee or permittee until he is spe- directed in accordance with paragraph cifically authorized in writing by the (c) of this section. Commission to destroy them: Provided, (3) In case of advertising an Amer- further, That logs incident to or in- ican utility or service to prospective volved in any claim or complaint of tourists or visitors to the United which the licensee or permittee has no- States, the advertisement continuity is tice shall be retained by the licensee or particularly directed to such persons in permittee until such claim or com- the foreign country or countries where

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they reside and to which the program Section 73.220 Restrictions on use of chan- is directed in accordance with para- nels. graph (c) of this section. Section 73.267 Determining operating power. (4) In case of advertising an inter- Section 73.277 Permissible transmissions. national attraction (such as a world Section 73.297 FM stereophonic sound fair, resort, spa, etc.) to prospective broadcasting. tourists or visitors to the United Section 73.310 FM technical definitions. States, the oral continuity concerning Section 73.312 Topographic data. such attraction is consistent with the Section 73.318 FM blanketing interference. Section 73.322 FM stereophonic sound trans- purpose and intent of this section. mission standards. (5) In case of any other type of adver- Section 73.333 Engineering charts. tising, such advertising is directed to Section 73.503 Licensing requirements and the foreign country or countries to service. which the program is directed and is Section 73.508 Standards of good engineer- consistent with the purpose and intent ing practice. Section 73.593 Subsidiary communications of this section. services. (c) The geographic areas to be served Section 73.1015 Truthful written statements by international broadcasting stations and responses to Commission inquiries and are the zones and areas of reception correspondence. shown in § 73.703. Section 73.1030 Notifications concerning in- (d) An international broadcast sta- terference to radio astronomy, research and receiving installations. tion may transmit the program of a Section 73.1201 Station identification. AM broadcast station or network sys- Section 73.1206 Broadcast of telephone con- tem: Provided, That the conditions in versations. paragraph (b) of this section as to any Section 73.1207 Rebroadcasts. commercial continuities are observed Section 73.1208 Broadcast of taped, filmed, and when station identifications are or recorded material. made, only the call letter designation Section 73.1210 TV/FM dual-language broadcasting in Puerto Rico. of the international station is given Section 73.1211 Broadcast of lottery infor- and its assigned frequency: And pro- mation. vided further, That in the case of chain Section 73.1212 Sponsorship identification; broadcasting the program is not car- list retention; related requirements. ried simultaneously by another inter- Section 73.1213 Antenna structure, marking national station (except another sta- and lighting. tion owned by the same licensee oper- Section 73.1216 Licensee-conducted con- ated on a frequency in a different group tests. Section 73.1217 Broadcast hoaxes. to obtain continuity of signal service), Section 73.1250 Broadcasting emergency in- the signals from which are directed to formation. the same area. (See section 3(p) of the Section 73.1300 Unattended station oper- Communications Act of 1934 for the ation. definition of ‘‘chain broadcasting.’’) Section 73.1400 Transmission system monitoring and control. [28 FR 13696, Dec. 14, 1963, as amended at 37 Section 73.1520 Operation for tests and FR 25843, Dec. 5, 1972; 38 FR 18896, July 16, maintenance. 1973] Section 73.1540 Carrier frequency measurements. Section 73.1545 Carrier frequency departure Subpart G—Low Power FM tolerances. Broadcast Stations (LPFM) Section 73.1570 Modulation levels: AM, FM, and TV aural. Section 73.1580 Transmission system inspec- SOURCE: 65 FR 7640, Feb. 15, 2000, unless otherwise noted. tions. Section 73.1610 Equipment tests. Section 73.1620 Program tests. § 73.801 Broadcast regulations applica- Section 73.1650 International agreements. ble to LPFM stations. Section 73.1660 Acceptability of broadcast The following rules are applicable to transmitters. LPFM stations: Section 73.1665 Main transmitters. Section 73.1692 Broadcast station construc- Section 73.201 Numerical definition of FM tion near or installation on an AM broad- broadcast channels. cast tower.

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Section 73.1745 Unauthorized operation. § 73.201 of this chapter are available for Section 73.1750 Discontinuance of operation. LPFM stations. Section 73.1920 Personal attacks. Section 73.1940 Legally qualified candidates § 73.807 Minimum distance separation for public office. between stations. Section 73.1941 Equal opportunities. Section 73.1943 Political file. Minimum separation requirements Section 73.1944 Reasonable access. for LPFM stations are listed in the fol- Section 73.3511 Applications required. lowing paragraphs. Except as noted Section 73.3512 Where to file; number of below, an LPFM station will not be au- copies. thorized unless the co-channel, and Section 73.3513 Signing of applications. Section 73.3514 Content of applications. first- and second-adjacent channel sep- Section 73.3516 Specification of facilities. arations are met. An LPFM station Section 73.3517 Contingent applications. need not satisfy the third-adjacent Section 73.3518 Inconsistent or conflicting channel separations listed in para- applications. graphs (a) through (c) of this section in Section 73.3519 Repetitious applications. order to be authorized. The third-adja- Section 73.3520 Multiple applications. cent channel separations are included Section 73.3525 Agreements for removing for use in determining for purposes of application conflicts. Section 73.3539 Application for renewal of § 73.810 which third-adjacent channel license. interference regime applies to an Section 73.3542 Application for emergency LPFM station. Minimum distances for authorization. co-channel and first-adjacent channel Section 73.3545 Application for permit to de- are separated into two columns. The liver programs to foreign stations. left-hand column lists the required Section 73.3550 Requests for new or modi- minimum separation to protect other fied call sign assignments. stations and the right-hand column Section 73.3561 Staff consideration of applications requiring Commission consider- lists (for informational purposes only) ation. the minimum distance necessary for Section 73.3562 Staff consideration of appli- the LPFM station to receive no inter- cations not requiring action by the Com- ference from other stations assumed to mission. be operating at the maximum per- Section 73.3566 Defective applications. mitted facilities for the station class. Section 73.3568 Dismissal of applications. For second-adjacent channel, the re- Section 73.3584 Procedure for filing petitions to deny. quired minimum distance separation is Section 73.3587 Procedure for filing infor- sufficient to avoid interference re- mal objections. ceived from other stations. Section 73.3588 Dismissal of petitions to (a)(1) An LPFM station will not be deny or withdrawal of informal objections. authorized initially unless the min- Section 73.3589 Threats to file petitions to imum distance separations in the fol- deny or informal objections. lowing table are met with respect to Section 73.3591 Grants without hearing. Section 73.3593 Designation for hearing. authorized FM stations, applications Section 73.3598 Period of construction. for new and existing FM stations filed Section 73.3599 Forfeiture of construction prior to the release of the public notice permit. announcing an LPFM window period, Section 73.3999 Enforcement of 18 U.S.C. authorized LPFM stations, LPFM sta- 1464—restrictions on the transmission of tion applications that were timely- obscene and indecent material. filed within a previous window, and va- [65 FR 7640, Feb. 15, 2000, as amended at 84 cant FM allotments. LPFM modifica- FR 2758, Feb. 8, 2019] tion applications must either meet the distance separations in the following § 73.805 Availability of channels. table or, if short-spaced, not lessen the Except as provided in § 73.220 of this spacing to subsequently authorized sta- chapter, all of the frequencies listed in tions.

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Co-channel minimum separation First-adjacent channel Second and (km) minimum separation third adjacent (km) channel minimum For no For no separation Station class protected by LPFM interference interference (km) Required received from received max. class Required from facility max. class Required facility

LPFM ...... 24 24 14 14 None D ...... 24 24 13 13 6 A ...... 67 92 56 56 29 B1 ...... 87 119 74 74 46 B ...... 112 143 97 97 67 C3 ...... 78 119 67 67 40 C2 ...... 91 143 80 84 53 C1 ...... 111 178 100 111 73 C0 ...... 122 193 111 130 84 C ...... 130 203 120 142 93

(2) LPFM stations must satisfy the (b) In addition to meeting or exceed- second-adjacent channel minimum dising the minimum separations in para- tance separation requirements of paragraph (a) of this section, new LPFM graph (a)(1) of this section with respect stations will not be autorized in Puerto to any third-adjacent channel FM sta- Rico or the Virgin Islands unless the tion that, as of September 20, 2000, minimum distance separations in the broadcasts a radio reading service via a following tables are met with respect subcarrier frequency. to authorized or proposed FM stations:

Co-channel minimum separation First-adjacent channel (km) minimum separation (km) Second and third adjacent For no For no channel Station class protected by LPFM interference interference minimum Required received from received separation max. class Required from (km)—required facility max. class facility

A ...... 80 111 70 70 42 B1 ...... 95 128 82 82 53 B ...... 138 179 123 123 92

NOTE TO PARAGRAPHS (a) AND (b): Minimum Class B stations with 60 dBu contours that distance separations towards ‘‘grand- exceed 52 kilometers will be protected as fathered’’ superpowered Reserved Band sta- Class C1 or Class C stations depending upon tions are as specified. Full service FM sta- the distance to the 60 dBu contour. No stations operating within the reserved band tions will be protected beyond Class C sepa- (Channels 201–220) with facilities in excess of rations. those permitted in § 73.211(b)(1) or (b)(3) shall be protected by LPFM stations in accord- (c) In addition to meeting the separa- ance with the minimum distance separations tions specified in paragraphs (a) and for the nearest class as determined under (b), LPFM applications must meet the § 73.211. For example, a Class B1 station oper- minimum separation requirements in ating with facilities that result in a 60 dBu the following table with respect to au- contour that exceeds 39 kilometers but is thorized FM translator stations, cutoff less than 52 kilometers would be protected FM translator applications, and FM by the Class B minimum distance separa- translator applications filed prior to tions. Class D stations with 60 dBu contours that exceed 5 kilometers will be protected by the release of the Public Notice an- the Class A minimum distance separations. nouncing the LPFM window period.

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Co-channel minimum separation First-adjacent channel Second and (km) minimum separation (km) third adjacent channel Distance to FM translator 60 dBu contour For no For no minimum Required interference Required interference separation received received (km)—required

13.3 km or greater ...... 39 67 28 35 21 Greater than 7.3 km, but less than 13.3 km ...... 32 51 21 26 14 7.3 km or less ...... 26 30 15 16 8

(d) Existing LPFM stations which do telephone or other electronic commu- not meet the separations in paragraphs nication within one business day. (a) through (c) of this section may be (ii) An LPFM station that receives a relocated provided that the separation waiver under paragraph (e)(1) of this to any short-spaced station is not re- section shall suspend operation imme- duced. diately upon notification by the Com- (e)(1) Waiver of the second-adjacent mission that it is causing interference channel separations. The Commission to the reception of an existing or modi- will entertain requests to waive the fied full-service FM station without re- second-adjacent channel separations in gard to the location of the station re- paragraphs (a) through (c) of this sec- ceiving interference. The LPFM station on a case-by-case basis. In each tion shall not resume operation until such interference has been eliminated case, the LPFM station must establish, or it can demonstrate to the Commis- using methods of predicting inter- sion that the interference was not due ference taking into account all rel- to emissions from the LPFM station. evant factors, including terrain-sen- Short test transmissions may be made sitive propagation models, that its pro- during the period of suspended oper- posed operations will not result in in- ation to check the efficacy of remedial terference to any authorized radio measures. service. The LPFM station may do so (f) Commercial and noncommercial by demonstrating that no actual inter- educational stations authorized under ference will occur due to intervening subparts B and C of this part, as well as terrain or lack of population. The new or modified commercial FM allot- LPFM station may use an undesired/ ments, are not required to adhere to desired signal strength ratio method- the separations specified in this rule ology to define areas of potential intersection, even where new or increased ference. interference would be created. (2) Interference. (i) Upon receipt of a (g) International considerations within complaint of interference from an the border zones. (1) Within 320 km of LPFM station operating pursuant to a the Canadian border, LPFM stations waiver granted under paragraph (e)(1) must meet the following minimum sep- of this section, the Commission shall arations with respect to any Canadian notify the identified LPFM station by stations:

Second- Intermediate Co-channel First-adjacent adjacent Third-adjacent frequency (IF) Canadian station class (km) channel channel channel channel (km) (km) (km) (km)

A1 & Low Power ...... 45 30 21 20 4 A ...... 66 50 41 40 7 B1 ...... 78 62 53 52 9 B ...... 92 76 68 66 12 C1 ...... 113 98 89 88 19 C ...... 124 108 99 98 28

(2) Within 320 km of the Mexican bor- lowing separations with respect to any der, LPFM stations must meet the fol- Mexican stations:

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Second- and Intermediate Co-channel First-adjacent third-adjacent frequency (IF) Mexican station class (km) channel channel channel (km) (km) (km)

Low Power ...... 27 17 9 3 A ...... 43 32 25 5 AA ...... 47 36 29 6 B1 ...... 67 54 45 8 B ...... 91 76 66 11 C1 ...... 91 80 73 19 C ...... 110 100 92 27

(3) The Commission will notify the (3) Any area of the community of li- International Telecommunications cense of such full service station that Union (ITU) of any LPFM authoriza- is predicted to receive at least a 1 mV/ tions in the US Virgin Islands. Any au- m (60 dBu) signal. Predicted inter- thorization issued for a US Virgin Is- ference shall be calculated in accord- lands LPFM station will include a con- ance with the ratios set forth in § 73.215 dition that permits the Commission to paragraphs (a)(1) and (a)(2). Inter- modify, suspend or terminate without mediate frequency (IF) channel inter- right to a hearing if found by the Com- ference overlap will be determined mission to be necessary to conform to based upon overlap of the 91 dBu any international regulations or agree- F(50,50) contours of the FM and LPFM ments. stations. Actual interference will be (4) The Commission will initiate considered to occur whenever reception international coordination of a LPFM of a regularly used signal is impaired proposal even where the above Cana- by the signal radiated by the LPFM dian and Mexican spacing tables are station. met, if it appears that such coordina- (b) An LPFM station will be provided tion is necessary to maintain compli- an opportunity to demonstrate in con- ance with international agreements. nection with the processing of the com- [78 FR 2102, Jan. 9, 2013] mercial or NCE FM application that interference as described in paragraph (a) § 73.808 Distance computations. of this section is unlikely. If the LPFM For the purposes of determining com- station fails to so demonstrate, it will pliance with any LPFM distance re- be required to cease operations upon quirements, distances shall be cal- the commencement of program tests by culated in accordance with § 73.208(c) of the commercial or NCE FM station. this part. (c) Complaints of actual interference by an LPFM station subject to para- § 73.809 Interference protection to full graphs (a) and (b) of this section must service FM stations. be served on the LPFM licensee and (a) If a full service commercial or the Federal Communications Commis- NCE FM facility application is filed sion, attention Audio Services Divi- subsequent to the filing of an LPFM sion. The LPFM station must suspend station facility application, such full operations within twenty-four hours of service station is protected against any the receipt of such complaint unless condition of interference to the direct the interference has been resolved to reception of its signal that is caused by the satisfaction of the complainant on such LPFM station operating on the the basis of suitable techniques. An same channel or first-adjacent channel LPFM station may only resume oper- provided that the interference is pre- ations at the direction of the Federal dicted to occur and actually occurs within: Communications Commission. If the Commission determines that the com- (1) The 3.16 mV/m (70 dBu) contour of such full service station; plainant has refused to permit the (2) The community of license of such full service station; or

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LPFM station to apply remedial tech- ondary) noncommercial educational niques that demonstrably will elimi- FM stations, and previously authorized nate the interference without impair- and operating LPFM stations, FM ment of the original reception, the li- translators and FM booster stations. censee of the LPFM station is absolved Interference will be considered to occur of further responsibility for the com- whenever reception of a regularly used plaint. signal on a third-adjacent channel is (d) It shall be the responsibility of impaired by the signals radiated by the the licensee of an LPFM station to cor- LPFM station, regardless of the qual- rect any condition of interference that ity of such reception, the strength of results from the radiation of radio fre- the signal so used, or the channel on quency energy outside its assigned which the protected signal is trans- channel. Upon notice by the FCC to the mitted. station licensee or operator that such (2) If third-adjacent channel inter- interference is caused by spurious ference cannot be properly eliminated emissions of the station, operation of by the application of suitable tech- the station shall be immediately sus- niques, operation of the offending pended and not resumed until the in- LPFM station shall be suspended and terference has been eliminated. How- shall not be resumed until the inter- ever, short test transmissions may be ference has been eliminated. Short test made during the period of suspended transmissions may be made during the operation to check the efficacy of re- period of suspended operation to check medial measures. the efficacy of remedial measures. If a (e) In each instance where suspension complainant refuses to permit the li- of operation is required, the licensee censee of the offending LPFM station shall submit a full report to the FCC in to apply remedial techniques which de- Washington, DC, after operation is re- monstrably will eliminate the third-ad- sumed, containing details of the nature jacent channel interference without of the interference, the source of the impairment to the original reception, interfering signals, and the remedial the licensee is absolved of further re- steps taken to eliminate the inter- sponsibility for that complaint. ference. (3) Upon notice by the Commission to [65 FR 7640, Feb. 15, 2000, as amended at 65 the licensee that such third-adjacent FR 67302, Nov. 9, 2000; 73 FR 3216, Jan. 17, channel interference is being caused, 2008; 78 FR 2104, Jan. 9, 2013] the operation of the LPFM station shall be suspended within three min- § 73.810 Third adjacent channel inter- utes and shall not be resumed until the ference. interference has been eliminated or it (a) LPFM Stations Licensed at Loca- can be demonstrated that the inter- tions That Do Not Satisfy Third-Adjacent ference is not due to spurious emis- Channel Minimum Distance Separations. sions by the LPFM station; provided, An LPFM station licensed at a location however, that short test transmissions that does not satisfy the third-adjacent may be made during the period of sus- channel minimum distance separations pended operation to check the efficacy set forth in § 73.807 is subject to the fol- of remedial measures. lowing provisions: (b) LPFM stations licensed at locations (1) Such an LPFM station will not be that satisfy third-adjacent channel min- permitted to continue to operate if it imum distance separations. An LPFM causes any actual third-adjacent chan- station licensed at a location that sat- nel interference to: isfies the third-adjacent channel min- (i) The transmission of any author- imum distance separations set forth in ized broadcast station; or § 73.807 is subject to the following pro- (ii) The reception of the input signal visions: of any TV translator, TV booster, FM (1) Interference complaints and remedi- translator or FM booster station; or ation. (i) Such an LPFM station is re- (iii) The direct reception by the pub- quired to provide copies of all com- lic of the off-the-air signals of any au- plaints alleging that its signal is caus- thorized broadcast station including ing third-adjacent channel interference TV Channel 6 stations, Class D (sec- to or impairing the reception of the

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signal of a full power FM, FM trans- from the full power, FM translator or lator or FM booster station to such af- FM booster station. fected station and to the Commission. (v) In the event that the number of (ii) A full power FM, FM translator unresolved complaints of third-adja- or FM booster station shall review all cent channel interference within the complaints it receives, either directly protected contour of the affected full or indirectly, from listeners regarding power FM, FM translator or FM boost- alleged third-adjacent channel inter- er station plus the number of com- ference caused by the operations of plaints for which the source of third- such an LPFM station. Such full power adjacent channel interference remains FM, FM translator or FM booster sta- in dispute equals at least one percent tion shall also identify those that qual- of the households within one kilometer ify as bona fide complaints under this section and promptly provide such of the LPFM transmitter site or thirty LPFM station with copies of all bona households, whichever is less, the fide complaints. A bona fide complaint: LPFM and affected stations must co- (A) Must include current contact in- operate in an ‘‘on-off’’ test to deter- formation for the complainant; mine whether the third-adjacent chan- (B) Must state the nature and loca- nel interference is traceable to the tion of the alleged third-adjacent chan- LPFM station. nel interference and must specify the (vi) If the number of unresolved and call signs of the LPFM station and af- disputed complaints of third-adjacent fected full power FM, FM translator or channel interference within the pro- FM booster station, and the type of re- tected contour of the affected full ceiver involved; and power, FM translator or FM booster (C) Must be received by either the station exceeds the numeric threshold LPFM station or the affected full specified in paragraph (b)(1)(v) of this power FM, FM translator or FM boost- section following an ‘‘on-off’’ test, the er station within one year of the date affected station may request that the on which the LPFM station com- Commission initiate a proceeding to menced broadcasts with its currently consider whether the LPFM station li- authorized facilities. cense should be modified or cancelled, (iii) The Commission will accept which will be completed by the Com- bona fide complaints and will notify mission within 90 days. Parties may the licensee of the LPFM station alleg- seek extensions of the 90-day deadline edly causing third-adjacent channel interference to the signal of a full power consistent with Commission rules. FM, FM translator or FM booster sta- (vii) An LPFM station may stay any tion of the existence of the alleged in- procedures initiated pursuant to para- terference within 7 calendar days of the graph (b)(1)(vi) of this section by volun- Commission’s receipt of such com- tarily ceasing operations and filing an plaint. application for facility modification (iv) Such an LPFM station will be within twenty days of the commence- given a reasonable opportunity to re- ment of such procedures. solve all complaints of third-adjacent (2) Periodic announcements. (i) For a channel interference within the pro- period of one year from the date of li- tected contour of the affected full censing of a new LPFM station that is power FM, FM translator or FM boost- constructed on a third-adjacent chan- er station. A complaint will be consid- nel and satisfies the third-adjacent ered resolved where the complainant channel minimum distance separations does not reasonably cooperate with an set forth in § 73.807, such LPFM station LPFM station’s remedial efforts. Such shall broadcast periodic announce- an LPFM station also is encouraged to ments. The announcements shall, at a address all other complaints of third- minimum, alert listeners of the poten- adjacent channel interference, includ- tially affected third-adjacent channel ing complaints based on interference to station of the potential for inter- a full power FM, FM translator or FM booster station by the transmitter site ference, instruct listeners to contact of the LPFM station at any distance

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the LPFM station to report any inter- hours of 7 a.m. and midnight. For sta- ference, and provide contact informa- tions that do not operate at these tion for the LPFM station. The an- times, the announcements shall be nouncements shall be made in the pri- made during the first two hours of mary language(s) of both the new broadcast operations each day. LPFM station and the potentially af- (iii) Any new LPFM station that is fected third-adjacent channel sta- constructed on a third-adjacent chan- tion(s). Sample announcement lan- nel and satisfies the minimum distance guage follows: separations set forth in § 73.807 must: On (date of license grant), the Federal (A) notify the Audio Division, Media Communications Commission granted Bureau, and all affected stations on (LPFM station’s call letters) a license to op- third-adjacent channels of an inter- erate. (LPFM station’s call letters) may cause interference to the operations of ference complaint. The notification (third-adjacent channel station’s call letters) must be made electronically within 48 and (other third-adjacent channel stations’ hours after the receipt of an inter- call letters). If you are normally a listener of ference complaint by the LPFM sta- (third-adjacent channel station’s call letters) tion; and or (other third-adjacent channel station’s call letters) and are having difficulty receiv- (B) cooperate in addressing any ing (third-adjacent channel station call let- third-adjacent channel interference. ters) or (other third-adjacent channel sta- [78 FR 2104, Jan. 9, 2013] tion’s call letters), please contact (LPFM station’s call letters) by mail at (mailing address) or by telephone at (telephone number) § 73.811 LPFM power and antenna to report this interference. height requirements. (ii) During the first thirty days after (a) Maximum facilities. LPFM stations licensing of a new LPFM station that will be authorized to operate with max- is constructed on a third-adjacent imum facilities of 100 watts ERP at 30 channel and satisfies the third-adja- meters HAAT. An LPFM station with a cent channel minimum distance sepa- HAAT that exceeds 30 meters will not rations set forth in Section 73.807, the be permitted to operate with an ERP LPFM station must broadcast the an- greater than that which would result in nouncements specified in paragraph a 60 dBu contour of 5.6 kilometers. In (b)(2)(i) of this section at least twice no event will an ERP less than one daily. The first daily announcement watt be authorized. No facility will be must be made between the hours of 7 authorized in excess of one watt ERP a.m. and 9 a.m., or 4 p.m. and 6 p.m. at 450 meters HAAT. The LPFM station must vary the time (b) Minimum facilities. LPFM stations slot in which it airs this announce- may not operate with facilities less ment. For stations that do not operate than 50 watts ERP at 30 meters HAAT at these times, the announcements or the equivalent necessary to produce shall be made during the first two a 60 dBu contour that extends at least hours of broadcast operations each day. 4.7 kilometers. The second daily announcement must be made outside of the 7 a.m. to 9 a.m. [78 FR 2105, Jan. 9, 2013] and 4 p.m. to 6 p.m. time slots. The LPFM station must vary the times of § 73.812 Rounding of power and an- day in which it broadcasts this second tenna heights. daily announcement in order to ensure (a) Effective radiated power (ERP) that the announcements air during all will be rounded to the nearest watt on parts of its broadcast day. For stations LPFM authorizations. that do not operate at these times, the (b) Antenna radiation center, an- announcements shall be made during tenna height above average terrain the first two hours of broadcast oper- (HAAT), and antenna supporting struc- ations each day. For the remainder of the one year period, the LPFM station ture height will all be rounded to the must broadcast the announcements at nearest meter on LPFM authoriza- least twice per week. The announce- tions. ments must be broadcast between the

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§ 73.813 Determination of antenna FM channel number LPFM to TV height above average terrain channel 6 (km) (HAAT). 201 ...... 140 HAAT determinations for LPFM sta- 202 ...... 138 203 ...... 137 tions will be made in accordance with 204 ...... 136 the procedure detailed in § 73.313(d) of 205 ...... 135 this part. 206 ...... 133 207 ...... 133 208 ...... 133 § 73.816 Antennas. 209 ...... 133 (a) Permittees and licensees may em- 210 ...... 133 211 ...... 133 ploy nondirectional antennas with hor- 212 ...... 132 izontal only polarization, vertical only 213 ...... 132 polarization, circular polarization or 214 ...... 132 215 ...... 131 elliptical polarization. 216 ...... 131 (b) Directional antennas generally 217 ...... 131 will not be authorized and may not be 218 ...... 131 219 ...... 130 utilized in the LPFM service, except as 220 ...... 130 provided in paragraph (c) of this section. (b) LPFM stations will be authorized (c)(1) Public safety and transpor- on Channels 201 through 220 only if the tation permittees and licensees, eligi- pertinent minimum separation dis- ble pursuant to § 73.853(a)(2), may uti- tances in the following table are met lize directional antennas in connection with respect to all low power TV, TV with the operation of a Travelers’ In- translator, and Class A TV stations au- formation Service (TIS) provided each thorized on TV Channel 6. LPFM TIS station utilizes only a single antenna with standard pattern LPFM to TV FM channel number channel 6 (km) characteristics that are predetermined by the manufacturer. Public safety and 201 ...... 98 transportation permittees and licens- 202 ...... 97 203 ...... 95 ees may not use composite antennas 204 ...... 94 (i.e., antennas that consist of multiple 205 ...... 93 stacked and/or phased discrete trans- 206 ...... 91 207 ...... 91 mitting antennas). 208 ...... 91 (2) LPFM permittees and licensees 209 ...... 91 proposing a waiver of the second-adja- 210 ...... 91 211 ...... 91 cent channel spacing requirements of 212 ...... 90 § 73.807 may utilize directional anten- 213 ...... 90 nas for the sole purpose of justifying 214 ...... 90 215 ...... 90 such a waiver. 216 ...... 89 (d) LPFM TIS stations will be au- 217 ...... 89 thorized as nondirectional stations. 218 ...... 89 The use of a directional antenna as 219 ...... 89 220 ...... 89 provided for in paragraph (c) of this section will not be considered in the determination of compliance with any [65 FR 67303, Nov. 9, 2000, as amended at 78 FR 2106, Jan. 9, 2013] requirements of this part. [65 FR 67303, Nov. 9, 2000, as amended at 78 § 73.827 Interference to the input sig- FR 2106, Jan. 9, 2013] nals of FM translator or FM booster stations. § 73.825 Protection to reception of TV (a) Interference to the direct reception channel 6. of the input signal of an FM translator (a) LPFM stations will be authorized station. This subsection applies when on Channels 201 through 220 only if the an LPFM application proposes to oper- pertinent minimum separation dis- ate near an FM translator station, the tances in the following table are met FM translator station is receiving its with respect to all full power TV Chan- input signal off-air (either directly nel 6 stations. from the primary station or from a

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translator station) and the LPFM ap- (c) Complaints of actual interference plication proposes to operate on a by an LPFM station subject to para- third-adjacent channel to the station graph (b) of this section must be served delivering an input signal to the trans- on the LPFM licensee and the Federal lator station. In these circumstances, Communications Commission, Atten- the LPFM station will not be author- tion: Audio Division, Media Bureau. ized unless it is located at least 2 km The LPFM station must suspend oper- from the FM translator station. In ad- ations upon the receipt of such com- dition, in cases where an LPFM station plaint unless the interference has been is located within ±30 degrees of the azi- resolved to the satisfaction of the com- muth between the FM translator sta- plainant on the basis of suitable tech- tion and its input signal, the LPFM niques. Short test transmissions may station will not be authorized unless it be made during the period of suspended is located at least 10 kilometers from operations to check the efficacy of re- the FM translator station. The provi- medial measures. An LPFM station sions of this subsection will not apply may only resume full operation at the if the LPFM applicant: direction of the Federal Communica- (1) Demonstrates that no actual in- tions Commission. If the Commission terference will occur due to an determines that the complainant has undesired (LPFM) to desired (station refused to permit the LPFM station to delivering signal to translator station) apply remedial techniques that demon- ratio below 34 dB at such translator strably will eliminate the interference station’s receive antenna. without impairment of the original re- (2) Complies with the minimum ception, the licensee of the LPFM sta- LPFM/FM translator distance separation is absolved of further responsi- tion calculated in accordance with the bility for the complaint. following formula: du = 133.5 antilog [78 FR 2106, Jan. 9, 2013, as amended at 78 FR [(Peu + Gru ¥ Grd ¥ Ed)/20], where du = 67317, Nov. 12, 2013] the minimum allowed separation in § 73.840 Operating power and mode km, Peu = LPFM ERP in dBW, Gru = gain (dBd) of the FM translator receive tolerances. antenna in the direction of the LPFM The transmitter power output (TPO) site, Grd = gain (dBd) of the FM trans- of an LPFM station must be deter- lator receive antenna in the direction mined by the procedures set forth in of the primary station site, Ed = pre- § 73.267 of this part. The operating TPO dicted field strength (dBu) of the pri- of an LPFM station with an authorized mary station at the translator site, or TPO of more than ten watts must be (3) Reaches an agreement with the li- maintained as near as practicable to censee of the FM translator regarding its authorized TPO and may not be less an alternative technical solution. than 90% of the minimum TPO nor greater than 105% of the maximum au- NOTE TO PARAGRAPH (a): LPFM applicants thorized TPO. An LPFM station with may assume that an FM translator station’s an authorized TPO of ten watts or less receive and transmit antennas are collo- may operate with less than the author- cated. ized power, but not more than 105% of (b) An authorized LPFM station will the authorized power. not be permitted to continue to operate if an FM translator or FM booster § 73.845 Transmission system oper- station demonstrates that the LPFM ation. station is causing actual interference Each LPFM licensee is responsible to the FM translator or FM booster for maintaining and operating its station’s input signal, provided that broadcast station in a manner that the same input signal was in use or complies with the technical rules set proposed in an application filed with forth elsewhere in this part and in ac- the Commission prior to the release of cordance with the terms of the station the public notice announcing the dates authorization. In the event that an for an LPFM application filing window LPFM station is operating in a manner and has been continuously in use or that is not in compliance with the proposed since that time. technical rules set forth elsewhere in

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this part or the terms of the station initial construction permit or renewal authorization, broadcast operation of license. Such written agreements must be terminated within three hours. shall become part of the terms of each station’s license. § 73.850 Operating schedule. (2) The Commission desires to facili- (a) All LPFM stations will be li- tate the reaching of agreements on censed for unlimited time operation, time sharing. However, if the licensees except those stations operating under a of stations authorized to share time time sharing agreement pursuant to are unable to agree on a division of § 73.872. time, the prospective licensee(s) must (b) All LPFM stations are required to submit a statement with the Commis- operate at least 36 hours per week, con- sion to that effect filed with the appli- sisting of at least 5 hours of operation cation(s) proposing time sharing. per day on at least 6 days of the week; however, stations licensed to edu- (3) After receipt of the type of appli- cational institutions are not required cation(s) described in paragraph (c)(2) to operate on Saturday or Sunday or to of this section, the Commission will observe the minimum operating re- process such application(s) pursuant to quirements during those days des- §§ 73.3561 through 73.3568 of this Part. If ignated on the official school calendar any such application is not dismissed as vacation or recess periods. pursuant to those provisions, the Com- (c) All LPFM stations, including mission will issue a notice to the par- those meeting the requirements of ties proposing a time-sharing arrange- paragraph (b) of this section, but which ment and a grant of the time-sharing do not operate 12 hours per day each application(s). The licensee may pro- day of the year, will be required to test the proposed action, the prospec- share use of the frequency upon the tive licensee(s) may oppose the protest grant of an appropriate application and/or the proposed action, and the li- proposing such share time arrange- censee may reply within the time lim- ment. Such applications must set forth its delineated in the notice. All such the intent to share time and must be pleadings must satisfy the require- filed in the same manner as are appli- ments of Section 309(d) of the Act. cations for new stations. Such applica- Based on those pleadings and the re- tions may be filed at any time after an quirements of Section 309 of the Act, LPFM station completes its third year the Commission will then act on the of licensed operations. In cases where the licensee and the prospective li- time-sharing application(s) and the licensee are unable to agree on time censee’s renewal application. sharing, action on the application will (4) A departure from the regular be taken only in connection with a reschedule set forth in a time-sharing newal application for the existing sta- agreement will be permitted only in tion filed on or after June 1, 2019. In cases where a written agreement to order to be considered for this purpose, that effect is reduced to writing, is an application to share time must be signed by the licensees of the stations filed no later than the deadline for fil- affected thereby, and is filed in trip- ing petitions to deny the renewal appli- licate by each licensee with the Com- cation of the existing licensee. mission, Attention: Audio Division, (1) The licensee and the prospective Media Bureau, prior to the time of the licensee(s) shall endeavor to reach an proposed change. If time is of the es- agreement for a definite schedule of pe- sence, the actual departure in oper- riods of time to be used by each. Such ating schedule may precede the actual agreement must be in writing and must filing of the written agreement, pro- set forth which licensee is to operate vided that appropriate notice is sent to on each of the hours of the day the Commission in Washington, DC, throughout the year. Such agreement Attention: Audio Division, Media Bu- must not include simultaneous oper- reau. ation of the stations. Each licensee must file the same in triplicate with [65 FR 7640, Feb. 15, 2000, as amended at 78 each application to the Commission for FR 2106, Jan. 9, 2013]

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§ 73.853 Licensing requirements and § 73.854 Unlicensed operations. service. No application for an LPFM station (a) An LPFM station may be licensed may be granted unless the applicant only to: certifies, under penalty of perjury, that (1) Nonprofit educational organiza- neither the applicant, nor any party to tions and upon a showing that the pro- the application, has engaged in any posed station will be used for the ad- manner including individually or with vancement of an educational program; persons, groups, organizations or other and entities, in the unlicensed operation of (2) State and local governments and any station in violation of Section 301 non-government entities that will proof the Communications Act of 1934, as vide non-commercial public safety amended, 47 U.S.C. 301. radio services. [66 FR 23863, May 10, 2001] (3) Tribal Applicants, as defined in paragraph (c) of this section that will § 73.855 Ownership limits. provide non-commercial radio services. (a) No authorization for an LPFM (b) Only local organizations will be station shall be granted to any party if permitted to submit applications and the grant of that authorization will re- to hold authorizations in the LPFM sult in any such party holding an at- service. For the purposes of this para- tributable interest in two or more graph, an organization will be deemed LPFM stations. local if it can certify, at the time of ap- (b) Notwithstanding the general pro- plication, that it meets the criteria hibition set forth in paragraph (a) of listed below and if it continues to sat- this section, Tribal Applicants, as de- isfy the criteria at all times thereafter. fined in § 73.853(c), may hold an attrib- (1) The applicant, its local chapter or utable interest in up to two LPFM sta- branch is physically headquartered or tions. has a campus within 16.1 km (10 miles) (c) Notwithstanding the general proof the proposed site for the transmit- hibition set forth in paragraph (a) of ting antenna for applicants in the top this section, not-for-profit organiza- 50 urban markets, and 32.1 km (20 tions and governmental entities with a miles) for applicants outside of the top public safety purpose may be granted 50 urban markets; multiple licenses if: (2) It has 75% of its board members (1) One of the multiple applications is residing within 16.1 km (10 miles) of the submitted as a priority application; proposed site for the transmitting an- and tenna for applicants in the top 50 urban (2) The remaining non-priority appli- markets, and 32.1 km (20 miles) for ap- cations do not face a mutually exclu- plicants outside of the top 50 urban sive challenge. markets; or [78 FR 2107, Jan. 9, 2013] (3) In the case of any applicant proposing a public safety radio service, the § 73.858 Attribution of LPFM station applicant has jurisdiction within the interests. service area of the proposed LPFM sta- Ownership and other interests in tion. LPFM station permittees and licensees (4) In the case of a Tribal Applicant, will be attributed to their holders and as defined in paragraph (c) of this sec- deemed cognizable for the purposes of tion, the Tribal Applicant’s Tribal §§ 73.855 and 73.860, in accordance with lands, as that term is defined in the provisions of § 73.3555, subject to § 73.7000, are within the service area of the following exceptions: the proposed LPFM station. (a) A director of an entity that holds (c) A Tribal Applicant is a Tribe or an LPFM license will not have such in- an entity that is 51 percent or more terest treated as attributable if such owned or controlled by a Tribe or director also holds an attributable in- Tribes. For these purposes, Tribe is de- terest in a broadcast licensee or other fined as set forth in § 73.7000. media entity but recuses himself or [65 FR 7640, Feb. 15, 2000, as amended at 73 herself from any matters affecting the FR 3216, Jan. 17, 2008; 78 FR 2107, Jan. 9, 2013] LPFM station.

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(b) A local chapter of a national or the reference coordinates for that sta- other large organization shall not have tion’s community of license. the attributable interests of the na- (c) A party that is a Tribal Appli- tional organization attributed to it cant, as defined in § 73.853(c), may hold provided that the local chapter is sepa- attributable interests in no more than rately incorporated and has a distinct two LPFM stations and four FM trans- local presence and mission. lator stations provided that the re- (c) A parent or subsidiary of a LPFM quirements set forth in paragraph (b) licensee or permittee that is a non- of this section are met. stock corporation will be treated as (d) Unless such interest is permis- having an attributable interest in such sible under paragraphs (b) or (c) of this corporation. The officers, directors, section, a party with an attributable and members of a non-stock corpora- interest in a broadcast radio station tion’s governing body and of any par- must divest such interest prior to the ent or subsidiary entity will have such commencement of operations of an positional interests attributed to them. LPFM station in which the party also holds an interest. However, a party § 73.860 Cross-ownership. need not divest such an attributable interest if the party is a college or uni- (a) Except as provided in paragraphs versity that can certify that the exist- (b), (c) and (d) of this section, no li- ing broadcast radio station is not stu- cense shall be granted to any party if dent run. This exception applies only the grant of such authorization will re- to parties that: sult in the same party holding an at- (1) Are accredited educational insti- tributable interest in any other non- tutions; LPFM broadcast station, including any (2) Own an attributable interest in FM translator or low power television non-student run broadcast stations; station, or any other media subject to and our broadcast ownership restrictions. (3) Apply for an authorization for an (b) A party that is not a Tribal Appli- LPFM station that will be managed cant, as defined in § 73.853(c), may hold and operated on a day-to-day basis by attributable interests in one LPFM students of the accredited educational station and no more than two FM institution. translator stations provided that the (e) No LPFM licensee may enter into following requirements are met: an operating agreement of any type, (1) The 60 dBu contours of the com- including a time brokerage or manage- monly-owned LPFM station and FM ment agreement, with either a full translator station(s) overlap; power broadcast station or another (2) The FM translator station(s), at LPFM station. all times, synchronously rebroadcasts [78 FR 2107, Jan. 9, 2013] the primary analog signal of the commonly-owned LPFM station or, if the § 73.865 Assignment and transfer of commonly-owned LPFM station oper- LPFM licenses. ates in hybrid mode, synchronously re- (a) Assignment/Transfer: No party may broadcasts the digital HD–1 version of assign or transfer an LPFM license if: the LPFM station’s signal; (1) Consideration promised or re- (3) The FM translator station(s) received exceeds the depreciated fair ceives the signal of the commonly- market value of the physical equip- owned LPFM station over-the-air and ment and facilities; and/or directly from the commonly-owned (2) The transferee or assignee is in- LPFM station itself; and capable of satisfying all eligibility cri- (4) The transmitting antenna of the teria that apply to a LPFM licensee. FM translator station(s) is located (b) A change in the name of an LPFM within 16.1 km (10 miles) for LPFM sta- licensee where no change in ownership tions located in the top 50 urban mar- or control is involved may be accom- kets and 32.1 km (20 miles) for LPFM plished by written notification by the stations outside the top 50 urban mar- licensee to the Commission. kets of either the transmitter site of (c) Holding period: A license cannot be the commonly-owned LPFM station or transferred or assigned for three years

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from the date of issue, and the licensee window opening date identified in the must operate the station during the Public Notice will be returned as pre- three-year holding period. mature. Applications submitted after (d) No party may assign or transfer the deadline will be dismissed with an LPFM construction permit at any prejudice as untimely. time. (c) Applications subject to paragraph (e) Transfers of control involving a (b) of this section that fail to meet the sudden change of more than 50 percent § 73.807 minimum distance separations of an LPFM’s governing board shall with respect to all applications and fa- not be deemed a substantial change in cilities in existence as the date of the ownership or control, subject to the fil- pertinent public notice in paragraph (b) ing of an FCC Form 316. of this section other than to LPFM sta- [73 FR 3216, Jan. 17, 2008] tion facilities proposed in applications filed in the same window, will be dis- § 73.870 Processing of LPFM broadcast station applications. missed without any opportunity to amend such applications. (a) A minor change for an LPFM sta- (d) Following the close of the win- tion authorized under this subpart is dow, the Commission will issue a Pub- limited to transmitter site relocations lic Notice of acceptance for filing of ap- of 5.6 kilometers or less. These distance limitations do not apply to amend- plications submitted pursuant to para- ments or applications proposing trans- graph (b) of this section that meet mitter site relocation to a common lo- technical and legal requirements and cation filed by applicants that are par- that are not in conflict with any other ties to a voluntary time-sharing agree- application filed during the window. ment with regard to their stations pur- Following the close of the window, the suant to § 73.872 paragraphs (c) and (e). Commission also will issue a Public These distance limitations also do not Notice of the acceptance for filing of apply to an amendment or application all applications tentatively selected proposing transmitter site relocation pursuant to the procedures for mutu- to a common location or a location ally exclusive LPFM applications set very close to another station operating forth at § 73.872. Petitions to deny such on a third-adjacent channel in order to applications may be filed within 30 remediate interference to the other days of such public notice and in ac- station; provided, however, that the cordance with the procedures set forth proposed relocation is consistent with at § 73.3584. A copy of any petition to all localism certifications made by the deny must be served on the applicant. applicant in its original application for (e) Minor change LPFM applications the LPFM station. Minor changes of may be filed at any time, unless re- LPFM stations may include: stricted by the staff, and generally, (1) Changes in frequency to adjacent will be processed in the order in which or IF frequencies or, upon a technical showing of reduced interference, to any they are tendered. Such applications frequency; and must meet all technical and legal re- (2) Amendments to time-sharing quirements applicable to new LPFM agreements, including universal agree- station applications. ments that supersede involuntary ar- (f) New entrants seeking to apply for rangements. unused or unwanted time on a time- (b) The Commission will specify by sharing frequency will only be accepted Public Notice a window filing period during an open filing window, specified for applications for new LPFM stations pursuant to paragraph (b) of this sec- and major modifications in the facili- tion. ties of authorized LPFM stations. LPFM applications for new facilities [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 70 FR 39186, July 7, and for major modifications in author- 2005; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. ized LPFM stations will be accepted 9, 2013] only during the appropriate window. Applications submitted prior to the

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§ 73.871 Amendment of LPFM broad- § 73.872 Selection procedure for mutu- cast station applications. ally exclusive LPFM applications. (a) New and major change applica- (a) Following the close of each win- tions may be amended without limita- dow for new LPFM stations and for tion during the pertinent filing win- modifications in the facilities of au- dow. thorized LPFM stations, the Commis- (b) Amendments that would improve sion will issue a public notice identi- the comparative position of new and fying all groups of mutually exclusive major change applications will not be applications. Such applications will be accepted after the close of the perti- awarded points to determine the ten- nent filing window. tative selectee. Unless resolved by set- (c) Only minor amendments to new tlement pursuant to paragraph (e) of and major change applications will be this section, the tentative selectee will accepted after the close of the perti- be the applicant within each group nent filing window. Subject to the pro- with the highest point total under the visions of this section, such amend- procedure set forth in this section, ex- ments may be filed as a matter of right cept as provided in paragraphs (c) and (d) of this section . by the date specified in the FCC’s Pub- lic Notice announcing the acceptance (b) Each mutually exclusive applica- of such applications. For the purposes tion will be awarded one point for each of the following criteria, based on cer- of this section, minor amendments are tifications that the qualifying condi- limited to: tions are met and submission of any re- (1) Filings subject to paragraph (c)(5) quired documentation: of this section, site relocations of 5.6 (1) Established community presence. An kilometers or less for LPFM stations; applicant must, for a period of at least (2) Filings subject to paragraph (c)(5), two years prior to application and at site relocations of 5.6 kilometers or all times thereafter, have qualified as less for LP100 stations; local pursuant to § 73.853(b). Applicants (3) Changes in ownership where the claiming a point for this criterion must original party or parties to an applica- submit any documentation specified in tion retain more than a 50 percent own- FCC Form 318 at the time of filing ership interest in the application as their applications. originally filed; (2) Local program origination. The ap- (4) Universal voluntary time-sharing plicant must pledge to originate lo- agreements to apportion vacant time cally at least eight hours of program- among the licensees; ming per day. For purposes of this cri- (5) Other changes in general and/or terion, local origination is the produc- legal information; tion of programming by the licensee, (6) Filings proposing transmitter site within ten miles of the coordinates of relocation to a common location sub- the proposed transmitting antenna. mitted by applications that are parties Local origination includes licensee pro- to a voluntary time-sharing agreement duced call-in shows, music selected and with regard to their stations pursuant played by a disc jockey present on site, to § 73.872 (c) and (e); and broadcasts of events at local schools, (7) Filings proposing transmitter site and broadcasts of musical perform- relocation to a common location or a ances at a local studio or festival, location very close to another station whether recorded or live. Local origination does not include the broadcast operating on a third-adjacent channel of repetitive or automated programs or in order to remediate interference to time-shifted recordings of non-local the other station. programming whatever its source. In (d) Unauthorized or untimely amend- addition, local origination does not in- ments are subject to return by the clude a local program that has been FCC’s staff without consideration. broadcast twice, even if the licensee [66 FR 23863, May 10, 2001, as amended at 70 broadcasts the program on a different FR 39186, July 7, 2005; 73 FR 3217, Jan. 17, day or makes small variations in the 2008; 78 FR 2108, Jan. 9, 2013] program thereafter.

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(3) Main studio. The applicant must (ii) The proposal must not include si- pledge to maintain a publicly acces- multaneous operation of the time- sible main studio that has local pro- share proponents; and gram origination capability, is reach- (iii) Each time-share proponent must able by telephone, is staffed at least 20 propose to operate for at least 10 hours hours per week between 7 a.m. and 10 per week. p.m., and is located within 16.1 km (10 (2) Where a station is authorized pur- miles) of the proposed site for the suant to a time-sharing proposal, a transmitting antenna for applicants in change of the regular schedule set the top 50 urban markets and 32.1 km forth therein will be permitted only (20 miles) for applicants outside the top where a written agreement signed by 50 urban markets. Applicants claiming each time-sharing permittee or li- a point under this criterion must speci- censee and complying with require- fy the proposed address and telephone ments in paragraphs (c)(1)(i) through number for the proposed main studio in (iii) of this section is filed with the FCC Form 318 at the time of filing Commission, Attention: Audio Divi- their applications. sion, Media Bureau, prior to the date of (4) Local program origination and main the change. studio. The applicant must make both (3) Where a station is authorized pur- the local program origination and main suant to a voluntary time-sharing pro- studio pledges set forth in paragraphs posal, the parties to the time-sharing (b)(2) and (3) of this section. agreement may apportion among them- (5) Diversity of ownership. An appli- selves any air time that, for any rea- cant must hold no attributable inter- son, becomes vacant. ests in any other broadcast station. (4) Concurrent license terms granted (6) Tribal Applicants serving Tribal under paragraph (d) of this section may Lands. The applicant must be a Tribal be converted into voluntary time-shar- Applicant, as defined in § 73.853(c), and ing arrangements renewable pursuant the proposed site for the transmitting to § 73.3539 by submitting a universal antenna must be located on that Tribal time-sharing proposal. Applicant’s ‘‘Tribal Lands,’’ as defined (d) Involuntary time-sharing. (1) If a in § 73.7000. Applicants claiming a point tie among mutually exclusive applica- for this criterion must submit the doc- tions is not resolved through voluntary umentation set forth in FCC Form 318 time-sharing in accordance with para- at the time of filing their applications. graph (c) of this section, the tied appli- (c) Voluntary time-sharing. If mutu- cations will be reviewed for accept- ally exclusive applications have the ability. Applicants with tied, grantable same point total, any two or more of applications will be eligible for equal, the tied applicants may propose to concurrent, non-renewable license share use of the frequency by electroni- terms. cally submitting, within 90 days of the (2) If a mutually exclusive group has release of a public notice announcing three or fewer tied, grantable applica- the tie, a time-share proposal. Such tions, the Commission will simulta- proposals shall be treated as minor neously grant these applications, as- amendments to the time-share pro- signing an equal number of hours per ponents’ applications, and shall become week to each applicant. The Commis- part of the terms of the station author- sion will determine the hours assigned ization. Where such proposals include to each applicant by first assigning all of the tied applications, all of the hours to the applicant that has been tied applications will be treated as ten- local, as defined in § 73.853(b), for the tative selectees; otherwise, time-share longest uninterrupted period of time, proponents’ points will be aggregated. then assigning hours to the applicant (1) Time-share proposals shall be in that has been local for the next longest writing and signed by each time-share uninterrupted period of time, and fi- proponent, and shall satisfy the fol- nally assigning hours to any remaining lowing requirements: applicant. The Commission will offer (i) The proposal must specify the pro- applicants an opportunity to volun- posed hours of operation of each time- tarily reach a time-sharing agreement. share proponent; In the event that applicants cannot

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reach such agreement, the Commission not be filed for the purpose of point ag- will require each applicant subject to gregation outside of the 90 day period involuntary time-sharing to simulta- set forth in paragraph (c) of this sec- neously and confidentially submit tion. their preferred time slots to the Com- [65 FR 7640, Feb. 15, 2000, as amended at 65 mission. If there are only two tied, FR 67304, Nov. 9, 2000; 67 FR 13232, Mar. 21, grantable applications, the applicants 2002; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. must select between the following 12- 9, 2013] hour time slots 3 a.m.–2:59 p.m., or 3 p.m.–2:59 a.m. If there are three tied, § 73.873 LPFM license period. grantable applications, each applicant (a) Initial licenses for LPFM stations must rank their preference for the fol- will be issued for a period running until lowing 8-hour time slots: 2 a.m.–9:59 the date specified in § 73.1020 for full a.m., 10 a.m.–5:59 p.m., and 6 p.m.–1:59 service stations operating in the LPFM a.m. The Commission will require the station’s state or territory, or if issued applicants to certify that they did not after such date, determined in accord- collude with any other applicants in ance with § 73.1020. the selection of time slots. The Com- (b) The license of an LPFM station mission will give preference to the ap- that fails to transmit broadcast signals plicant that has been local for the for any consecutive 12-month period longest uninterrupted period of time. expires as a matter of law at the end of The Commission will award time in that period, notwithstanding any pro- units as small as four hours per day. In vision, term, or condition of the license the event an applicant neglects to des- to the contrary. ignate its preferred time slots, staff [78 FR 2109, Jan. 9, 2013] will select a time slot for that applicant. § 73.875 Modification of transmission (3) Groups of more than three tied, systems. grantable applications will not be eligi- The following procedures and restric- ble for licensing under this section. tions apply to licensee modifications of Where such groups exist, the Commis- authorized broadcast transmission sys- sion will dismiss all but the applica- tem facilities. tions of the three applicants that have (a) The following changes are prohib- been local, as defined in § 73.853(b), for ited: the longest uninterrupted periods of (1) Those that would result in the time. The Commission then will proc- emission of signals outside of the au- ess the remaining applications as set thorized channel exceeding limits pre- forth in paragraph (d)(2) of this section. scribed for the class of service. (4) If concurrent license terms grant- (2) Those that would cause the trans- ed under this section are converted mission system to exceed the equip- into universal voluntary time-sharing ment performance measurements pre- arrangements pursuant to paragraph scribed in § 73.508. (c)(4) of this section, the permit or li- (b) The following changes may be cense is renewable pursuant to §§ 73.801 made only after the grant of a con- and 73.3539. struction permit application on FCC (e) Settlements. Mutually exclusive Form 318. applicants may propose a settlement at (1) Any construction of a new tower any time during the selection process structure for broadcast purposes, ex- after the release of a public notice an- cept for replacement of an existing nouncing the mutually exclusive tower with a new tower of identical groups. Settlement proposals must height and geographic coordinates. comply with the Commission’s rules (2) Any change in station geographic and policies regarding settlements, in- coordinates, including coordinate cor- cluding the requirements of §§ 73.3525, rections and any move of the antenna 73.3588 and 73.3589. Settlement pro- to another tower structure located at posals may include time-share agree- the same coordinates. ments that comply with the require- (3) Any change in antenna height ments of paragraph (c) of this section, more than 2 meters above or 4 meters provided that such agreements may below the authorized value.

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(4) Any change in channel. (b) Brief explanation of station out- (c) The following LPFM modifica- ages due to equipment malfunction, tions may be made without prior au- servicing, or replacement; thorization from the Commission. A (c) Operations not in accordance with modification of license application the station license; and (FCC Form 319) must be submitted to (d) EAS weekly log requirements set the Commission within 10 days of com- forth in § 11.61(a)(1)(v) of this chapter. mencing program test operations pur- [65 FR 67304, Nov. 9, 2000] suant to § 73.1620. For applications filed pursuant to paragraph (c)(1) of this sec- § 73.878 Station inspections by FCC; tion, the modification of license appli- availability to FCC of station logs cation must contain an exhibit dem- and records. onstrating compliance with the Com- (a) The licensee of a broadcast sta- mission’s radiofrequency radiation tion shall make the station available guidelines. In addition, for applications for inspection by representatives of the filed solely pursuant to paragraphs FCC during the station’s business (c)(1) or (2) of this section, where the hours, and at any time it is in oper- installation is on or near an AM tower, ation. In the course of an inspection or as defined in § 1.30002, an exhibit dem- investigation, an FCC representative onstrating compliance with § 1.30003 or may require special equipment or pro- § 1.30002, as applicable, is also required. gram tests. (1) Replacement of an antenna with (b) Station records and logs shall be one of the same or different number of made available for inspection or dupli- antenna bays, provided that the height cation at the request of the FCC or its of the antenna radiation center is not representatives. Such logs or records more than 2 meters above or 4 meters may be removed from the licensee’s below the authorized values. Program possession by an FCC representative test operations at the full authorized or, upon request, shall be mailed by the ERP may commence immediately upon licensee to the FCC by either reg- installation pursuant to § 73.1620(a)(1). istered mail, return receipt requested, (2) Replacement of a transmission or certified mail, return receipt re- line with one of a different type or quested. The return receipt shall be re- length which changes the transmitter tained by the licensee as part of the operating power (TPO) from the au- station records until such records or thorized value, but not the ERP, must logs are returned to the licensee. A re- be reported in a license modification ceipt shall be furnished when the logs application to the Commission. or records are removed from the licens- (3) Changes in the hours of operation ee’s possession by an FCC representa- of stations authorized pursuant to tive and this receipt shall be retained time-share agreements in accordance by the licensee as part of the station with § 73.872. records until such records or logs are [65 FR 7640, Feb. 15, 2000, as amended at 78 returned to the licensee. When the FCC FR 66298, Nov. 5, 2013] has no further need for such records or logs, they shall be returned to the li- § 73.877 Station logs for LPFM sta- censee. The provisions of this rule shall tions. apply solely to those station logs and The licensee of each LPFM station records that are required to be main- must maintain a station log. Each log tained by the provisions of this part. entry must include the time and date (1) Where records or logs are main- of observation and the name of the per- tained as the official records of a rec- son making the entry. The following ognized law enforcement agency and information must be entered in the sta- the removal of the records from the tion log: possession of the law enforcement (a) Any extinguishment or malfunc- agency will hinder its law enforcement tion of the antenna structure obstruc- activities, such records will not be re- tion lighting, adjustments, repairs, or moved pursuant to this section if the replacement to the lighting system, or chief of the law enforcement agency related notification to the FAA. See promptly certifies in writing to the §§ 17.48 and 73.49 of this chapter. FCC that removal of the logs or records

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will hinder law enforcement activities the following Parts of the FCC Rules of the agency, stating insofar as fea- and Regulations. sible the basis for his decision and the (a) Part 1, ‘‘Practice and Procedure.’’ date when it can reasonably be ex- (1) Subpart A, ‘‘General Rules of pected that such records will be re- Practice and Procedure’’. (§§ 1.1 to leased to the FCC. 1.117). (2) Subpart B, ‘‘Hearing Pro- § 73.879 Signal retransmission. ceedings’’. (§§ 1.201 to 1.364) An LPFM licensee may not re- (3) Subpart C, ‘‘Rulemaking Pro- transmit, either terrestrially or via ceedings’’. (§§ 1.399 to 1.430). satellite, the signal of a full-power (4) Subpart G, ‘‘Schedule of Statu- radio broadcast station. tory Charges and Procedures for Pay- ment’’. (§§ 1.1101 to 1.1117.) § 73.881 Equal employment opportuni- (5) Subpart H, ‘‘Ex Parte Commu- ties. nications’’. (§§ 1.1200 to 1.1216). (6) Subpart I, ‘‘Procedures Imple- General EEO policy. Equal employ- menting the National Environmental ment opportunity shall be afforded by Policy Act of 1969’’. (§§ 1.1301 to 1.1319). all LPFM licensees and permittees to (7) Subpart P, ‘‘Implementation of all qualified persons, and no person the Anti-Drug Abuse Act of 1988’’. shall be discriminated against because (§§ 1.2001–1.2003.) of race, color , religion, national ori- (8) Subpart Q, ‘‘Competitive Bidding gin, or sex. Proceedings’’ (§§ 1.2101–1.2112). (9) Subpart T, ‘‘Foreign Ownership of Subpart H—Rules Applicable to All Broadcast, Common Carrier, Aero- Broadcast Stations nautical En Route, and Aeronautical Fixed Radio Station Licensees’’. § 73.1001 Scope. (§§ 1.5000 to 1.5004). (a) The rules in this subpart are com- (10) Part 1, Subpart W of this chap- mon to all AM, FM, TV and Class A TV ter, ‘‘FCC Registration Number’’. broadcast services, commercial and (§§ 1.8001–1.8005). noncommercial. (b) Part 2, ‘‘Frequency Allocations (b) Rules in part 73 applying exclu- and Radio Treaty Matters, General sively to a particular broadcast service Rules and Regulations’’, including Sub- are contained in the following: AM, parts A, ‘‘Terminology’’; B, ‘‘Alloca- subpart A; FM, subpart B; Noncommer- tion, Assignments and Use of Radio cial Educational FM, subpart C; TV, Frequencies’’; C, ‘‘Emissions’’; D, ‘‘Call subpart E; LPFM, subpart G; and Class Signs and Other Forms of Identifying A TV, subpart J. Radio Transmissions’’; and J, ‘‘Equip- (c) Certain provisions of this subpart ment Authorization Procedures’’. apply to International Broadcast Sta- (c) [Reserved] tions (subpart F, part 73), LPFM (sub- (d) Part 17, ‘‘Construction, Marking part G, part 73), and Low Power TV, TV and Lighting of Antenna Structures’’. Translator and TV Booster Stations (e) Part 74, ‘‘Experimental, Auxiliary (subpart G, part 74) where the rules for and Special Broadcast and Other Pro- those services so provide. gram Distributional Services’’ including: (d) The provisions of this part apply- (1) Subpart A, ‘‘Experimental Broad- ing to licensees also apply to holders of cast Stations’’; construction permits (permittees). (2) Subpart D, ‘‘Remote Pickup [43 FR 32781, July 28, 1978, as amended at 52 Broadcast Stations’’; FR 31399, Aug. 20, 1987; 65 FR 7648, Feb. 15, (3) Subpart E, ‘‘Aural Broadcast Aux- 2000; 65 FR 30003, May 10, 2000] iliary Stations’’; (4) Subpart F, ‘‘Television Broadcast § 73.1010 Cross reference to rules in Auxiliary Stations’’; other parts. (5) Subpart G, ‘‘Low Power TV, TV Certain rules applicable to broadcast Translator and TV Booster Stations’’; services, some of which are also appli- (6) Subpart H, ‘‘Low Power Auxiliary cable to other services, are set forth in Stations’’;

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(7) Subpart L, ‘‘FM Broadcast Trans- (i) Radio stations, December 1, 2011. lator Stations and FM Broadcast (ii) Television stations, December 1, Booster Stations’’. 2012. (3) Florida, Puerto Rico and the Vir- [53 FR 2498, Jan. 28, 1988, as amended at 57 FR 48333, Oct. 23, 1992; 60 FR 55480, Nov. 1, gin Islands: 1995; 63 FR 48622, Sept. 11, 1998; 66 FR 47896, (i) Radio stations, February 1, 2012. Sept. 14, 2001; 69 FR 72043, Dec. 10, 2004; 76 FR (ii) Television stations, February 1, 70911, Nov. 16, 2011; 81 FR 86613, Dec. 1, 2016] 2013. (4) Alabama and Georgia: § 73.1015 Truthful written statements (i) Radio stations, April 1, 2012. and responses to Commission in- (ii) Television stations, April 1, 2013. quiries and correspondence. (5) Arkansas, Louisiana and Mis- The Commission or its representa- sissippi: tives may, in writing, require from any (i) Radio stations, June 1, 2012. applicant, permittee, or licensee writ- (ii) Television stations, June 1, 2013. ten statements of fact relevant to a de- (6) Tennessee, Kentucky and Indiana: termination whether an application (i) Radio stations, August 1, 2012. should be granted or denied, or to a de- (ii) Television stations, August 1, termination whether a license should 2013. be revoked, or to any other matter (7) Ohio and Michigan: within the jurisdiction of the Commis- (i) Radio stations, October 1, 2012. sion, or, in the case of a proceeding to (ii) Television stations, October 1, amend the FM or Television Table of 2013. Allotments, require from any person (8) Illinois and Wisconsin: filing an expression of interest, written (i) Radio stations, December 1, 2012. statements of fact relevant to that al- (ii) Television stations, December 1, lotment proceeding. Any such state- 2013. ments of fact are subject to the provi- (9) Iowa and Missouri: sions of § 1.17 of this chapter. (i) Radio stations, February 1, 2013. (ii) Television stations, February 1, [68 FR 15098, Mar. 28, 2003] 2014. § 73.1020 Station license period. (10) Minnesota, North Dakota, South Dakota, Montana and Colorado: (a) Initial licenses for broadcast sta- (i) Radio stations, April 1, 2013. tions will ordinarily be issued for a pe- (ii) Television stations, April 1, 2014. riod running until the date specified in (11) Kansas, Oklahoma and Nebraska: this section for the State or Territory (i) Radio stations, June 1, 2013. in which the station is located. If (ii) Television stations, June 1, 2014. issued after such date, it will run to (12) Texas: the next renewal date determined in (i) Radio stations, August 1, 2013. accordance with this section. Both (ii) Television stations, August 1, radio and TV broadcasting stations 2014. will ordinarily be renewed for 8 years. (13) Wyoming, Nevada, Arizona, However, if the FCC finds that the pub- Utah, New Mexico and Idaho: lic interest, convenience and necessity (i) Radio stations, October 1, 2013. will be served thereby, it may issue ei- (ii) Television stations, October 1, ther an initial license or a renewal 2014. thereof for a lesser term. The time of (14) California: expiration of normally issued initial (i) Radio stations, December 1, 2013. and renewal licenses will be 3 a.m., (ii) Television stations, December 1, local time, on the following dates and 2014. thereafter at 8-year intervals for radio (15) Alaska, American Samoa, Guam, and TV broadcast stations located in: Hawaii, Mariana Islands, Oregon and (1) Maryland, District of Columbia, Washington: Virginia and West Virginia: (i) Radio stations, February 1, 2014. (i) Radio stations, October 1, 2011. (ii) Television stations, February 1, (ii) Television stations, October 1, 2015. 2012. (16) Connecticut, Maine, Massachu- (2) North Carolina and South Caro- setts, New Hampshire, Rhode Island lina: and Vermont:

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(i) Radio stations, April 1, 2014. ordinates of the antenna, antenna (ii) Television stations, April 1, 2015. height, antenna directivity if any, pro- (17) New Jersey and New York: posed frequency, type of emission and (i) Radio stations, June 1, 2014. power. The notification shall be made (ii) Television stations, June 1, 2015. prior to, or simultaneously with, the (18) Delaware and Pennsylvania: filing of the application with the Com- (i) Radio stations, August 1, 2014. mission. After receipt of such applica- (ii) Television stations, August 1, tions, the FCC will allow a period of 20 2015. days for comments or objections in re- (b) For the cutoff date for the filing sponse to the notifications indicated. If of applications mutually exclusive an objection to the proposed operation with renewal applications that are filed is received during the 20-day period on or before May 1, 1995 and for the from the National Radio Astronomy deadline for filing petitions to deny re- Observatory for itself, or on behalf of newal applications, see § 73.3516(e). the Naval Radio Research Observatory, (c) The license of a broadcasting sta- the FCC will consider all aspects of the tion that fails to transmit broadcast problem and take whatever action is signals for any consecutive 12-month deemed appropriate. period expires as a matter of law at the (2) Any applicant for a new perma- end of that period, notwithstanding nent base or fixed station authoriza- any provision, term, or condition of the tion to be located on the islands of license to the contrary. Puerto Rico, Desecheo, Mona, Vieques, (Secs. 4, 5, 303, 48 Stat., as amended, 1066, and Culebra, or for a modification of an 1068, 1082 (47 U.S.C. 154, 155, 303)) existing authorization which would change the frequency, power, antenna [49 FR 4382, Feb. 6, 1984, as amended at 52 FR height, directivity, or location of a sta- 25604, July 8, 1987; 59 FR 63051, Dec. 7, 1994; 61 FR 18291, Apr. 25, 1996; 61 FR 28767, June 6, tion on these islands and would in- 1996; 62 FR 5347, Feb. 5, 1997; 76 FR 20249, Apr. crease the likelihood of the authorized 12, 2011] facility causing interference, shall notify the Interference Office, Arecibo § 73.1030 Notifications concerning in- Observatory, HC3 Box 53995, Arecibo, terference to radio astronomy, re- Puerto Rico 00612, in writing or elec- search and receiving installations. tronically, of the technical parameters (a)(1) Radio astronomy and radio re- of the proposal. Applicants may wish search installations. In order to mini- to consult interference guidelines, mize harmful interference at the Na- which will be provided by Cornell Uni- tional Radio Astronomy Observatory versity. Applicants who choose to site located at Green, Pocahontas transmit information electronically County, West Virginia, and at the should e-mail to: [email protected]. Naval Radio Research Observatory at (i) The notification to the Inter- Sugar Grove, Pendleton County, West ference Office, Arecibo Observatory Virginia, a licensee proposing to oper- shall be made prior to, or simulta- ate a short-term broadcast auxiliary neously with, the filing of the applica- station pursuant to § 74.24, and any ap- tion with the Commission. The notifi- plicant for authority to construct a cation shall state the geographical co- new broadcast station, or for authority ordinates of the antenna (NAD–83 to make changes in the frequency, datum), antenna height above ground, power, antenna height, or antenna di- ground elevation at the antenna, an- rectivity of an existing station within tenna directivity and gain, proposed the area bounded by 39°15′ N on the frequency and FCC Rule Part, type of north, 78°30′ W on the east, 37°30′ N on emission, and effective radiated power. the south, and 80°30′ W on the west, (ii) After receipt of such applications, shall notify the Interference Office, Na- the Commission will allow the Arecibo tional Radio Astronomy Observatory, Observatory a period of 20 days for P.O. Box 2, Green Bank, West Virginia comments or objections in response to 24944. Telephone: (304) 456–2011. The no- the notification indicated. The appli- tification shall be in writing and set cant will be required to make reason- forth the particulars of the proposed able efforts to resolve or mitigate any station, including the geographical co- potential interference problem with

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the Arecibo Observatory and to file ei- lowing is a suggested guide for deter- ther an amendment to the application mining whether coordination is rec- or a modification application, as appro- ommended: priate. The Commission shall deter- (i) All stations within 2.4 km (1.5 mine whether an applicant has satis- statute miles); fied its responsibility to make reason- (ii) Stations within 4.8 km (3 statute able efforts to protect the Observatory miles) with 50 watts or more effective from interference. radiated power (ERP) in the primary (b) Radio receiving installations. Pro- plane polarization in the azimuthal di- tection for Table Mountain Radio Re- rection of the Table Mountain Radio ceiving Zone, Boulder County, Colo- Receiving Zone; rado: Applicants for a station author- (iii) Stations within 16 km (10 statute ization to operate in the vicinity of miles) with 1 kW or more ERP in the Boulder County, Colorado under this primary plane of polarization in the az- Part are advised to give due consider- imuthal direction of Table Mountain ation, prior to filing applications, to Receiving Zone; the need to protect the Table Mountain (iv) Stations within 80 km (50 statute Radio Receiving Zone from harmful in- miles) with 25 kW or more ERP in the terference. These are the research lab- primary plane polarization in the azi- oratories of the Department of Com- muthal direction of Table Mountain merce, Boulder County, Colorado. To Receiving Zone. prevent degradation of the present am- (2) Applicants concerned are urged to bient radio signal level at the site, the communicate with the Radio Fre- Department of Commerce seeks to en- quency Management Coordinator, De- sure that the field strengths of any ra- partment of Commerce, Research Sup- diated signals (excluding reflected sig- port Services, NOAA R/E5X2, Boulder nals) received on this 1800 acre site Laboratories, Boulder, CO 80303; tele- (within the area bounded by 40°09′10″ N phone (303) 497–6548, in advance of filing Latitude on the north, 105°13′31″ W Lon- their applications with the Commis- gitude on the east, 40°07′05″ N Latitude sion. on the south, and 105°15′13″ W Lon- (3) The Commission will not screen gitude on the west) resulting from new applications to determine whether ad- assignments (other than mobile sta- vance consultation has taken place. tions) or from the modification of relo- However, applicants are advised that cation of existing facilities do not ex- such consultation can avoid objectimns ceed the following values: from the Department of Commerce or proceedings to modify any authoriza- Field Power flux strength in density in tion which may be granted which, in authorized authorized fact, delivers a signal at the site in ex- Frequency range bandwidth bandwidth of service of service cess of the field strength specified (mV/m) (dBW/m2) 1 herein. Below 540 kHz ...... 10 ¥65.8 (c) Protection for Federal Communica- 540 to 1700 kHz ...... 20 ¥59.8 tions Commission monitoring stations. (1) 1.7 to 470 MHz ...... 10 2¥65.8 Applicants in the vicinity of a FCC 2¥ 470 to 890 MHz ...... 30 56.2 monitoring station for a radio station Above 890 MHz ...... 1 2¥85.8 authorization to operate new transmit- 1 Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7 = 120 ting facilities or changed transmitting ohms. facilities which would increase the 2 Space stations shall conform to the power flux density limits at the earth’s surface specified in appropriate parts of field strength produced over the moni- the FCC rules, but in no case should exceed the above levels toring station in excess of that pre- in any 4 kHz band for all angles of arrival. viously authorized are advised to give (1) Advance consultation is rec- consideration, prior to filing applica- ommended particularly for those appli- tions, to the possible need to protect cants who have no reliable data which the FCC stations from harmful inter- indicates whether the field strength or ference. Geographical coordinates of power flux density figures in the above the facilities which require protection table would be exceeded by their pro- are listed in § 0.121(c) of the FCC rules. posed radio facilities (except mobile Applications for stations (except mo- stations). In such instances, the fol- bile stations) which will produce on

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any frequency a direct wave funda- monitoring facility in § 0.121(c) of the mental field strength of greater than 10 Commission’s Rules and also meets the mV/m in the authorized bandwidth of criteria outlined in paragraphs (b) (2) service (¥65.8 dBW/m2 power flux den- and (3) of this section. sity assuming a free space char- (5) The Commission will not screen acteristic impedance of 120 π ohms) at applications to determine whether ad- the referenced coordinates, may be ex- vance consultation has taken place. amined to determine extent of possible However, applicants are advised that interference. Depending on the theo- such consultation can avoid objections retical field strength value and exist- from the Federal Communications ing root-sum-square or other ambient Commission or modification of any au- radio field signal levels at the indi- thorization which will cause harmful cated coordinates, a clause protecting interference. the monitoring station may be added [43 FR 32782, July 28, 1978, as amended at 44 to the station authorization. FR 77167, Dec. 31, 1979; 47 FR 9221, Mar. 4, (2) In the event that calculated value 1982; 50 FR 39003, Sept. 26, 1985; 52 FR 25867, of expected field exceeds 10 mV/m July 9, 1987; 52 FR 36879, Oct. 1, 1987; 52 FR (¥65.8 dBW/m2) at the reference coordi- 37789, Oct. 9, 1987; 56 FR 64872, Dec. 12, 1991; nates, or if there is any question 61 FR 8477, Mar. 5, 1996; 62 FR 55532, Oct. 27, whether field strength levels might ex- 1997; 63 FR 70048, Dec. 18, 1998; 70 FR 31373, ceed the threshold value, advance con- June 1, 2005; 80 FR 53750, Sept. 8, 2015] sultation with the FCC to discuss any § 73.1120 Station location. protection necessary should be considered. Prospective applicants may com- Each AM, FM, TV and Class A TV municate with the Public Safety and broadcast station will be licensed to Homeland Security Bureau. the principal community or other po- (3) Advance consultation is suggested litical subdivision which it primarily particularly for those applicants who serves. This principal community (city, have no reliable data which indicates town or other political subdivision) whether the field strength or power will be considered to be the geo- flux density figure indicated would be graphical station location. exceeded by their proposed radio facili- [65 FR 30003, May 10, 2000] ties (except mobile stations). In such instances, the following is a suggested § 73.1125 Station telephone number. guide for determining whether an ap- Each AM, FM, TV, and Class A TV plicant should coordinate: broadcast station shall maintain a (i) All stations within 2.4 kilometers local telephone number in its commu- (1.5 statute miles); nity of license or a toll-free number. (ii) Stations within 4.8 kilometers (3 statute miles) with 50 watts or more [82 FR 57882, Dec. 8, 2017] average effective radiated power (ERP) in the primary plane of polarization in § 73.1150 Transferring a station. the azimuthal direction of the Moni- (a) In transferring a broadcast sta- toring Stations. tion, the licensee may retain no right (iii) Stations within 16 kilometers (10 of reversion of the license, no right to statute miles) with 1 kW or more aver- reassignment of the license in the fu- age ERP in the primary plane of polar- ture, and may not reserve the right to ization in the azimuthal direction of use the facilities of the station for any the Monitoring Station; period whatsoever. (iv) Stations within 80 kilometers (50 (b) No license, renewal of license, as- statute miles) with 25 kW or more av- signment of license or transfer of con- erage ERP in the primary plane of po- trol of a corporate licensee will be larization in the azimuthal direction of granted or authorized if there is a con- the Monitoring Station; tract, arrangement or understanding, (4) Advance coordination for stations express or implied, pursuant to which, operating above 1000 MHz is rec- as consideration or partial consider- ommended only where the proposed ation for the assignment or transfer, station is in the vicinity of a moni- such rights, as stated in paragraph (a) toring station designated as a satellite of this section, are retained.

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(c) Licensees and/or permittees au- transmitting. If a DTV station in this thorized to operate in the 535–1605 kHz situation chooses to identify the sta- and in the 1605–1705 kHz band pursuant tion that is the source of the program- to the Report and Order in MM Docket ming it is transmitting, it must use No. 87–267 will not be permitted to as- the following format: Station WYYY– sign or transfer control of the license DT, community of license (call sign or permit for a single frequency during and community of license of the sta- the period that joint operation is au- tion whose multicast stream is trans- thorized. mitting the programming), bringing (d) Authorizations awarded pursuant you WXXX, community of license (call to the noncommercial educational sign and community of license of the point system in subpart K are subject licensee providing the programming). to the holding period in § 73.7005. Appli- The transmitting station may insert cations for an assignment or transfer between its call letters and its commu- filed prior to the end of the holding pe- nity of license the following informa- riod must demonstrate the factors enu- tion: the frequency of the transmitting merated therein. station, the channel number of the [44 FR 58720, Oct. 11, 1979, as amended at 56 transmitting station, the name of the FR 64872, Dec. 12, 1991; 65 FR 36378, June 8, licensee of the transmitting station 2000] and the licensee providing the programming, and/or the name of the net- § 73.1201 Station identification. work of either station. Where a (a) When regularly required. Broadcast multicast station is carrying the pro- station identification announcements gramming of another station and is shall be made: identifying that station as the source (1) At the beginning and ending of of the programming, using the format each time of operation, and described above, the identification may (2) Hourly, as close to the hour as not include the frequency or channel feasible, at a natural break in program number of the program source. A radio offerings. Television and Class A tele- station operating in DAB hybrid mode vision broadcast stations may make or extended hybrid mode shall identify these announcements visually or au- its digital signal, including any free rally. multicast audio programming streams, (b) Content. (1) Official station identi- in a manner that appropriately alerts fication shall consist of the station’s its audience to the fact that it is lis- call letters immediately followed by tening to a digital audio broadcast. No the community or communities speci- other insertion between the station’s fied in its license as the station’s loca- call letters and the community or com- tion; Provided, That the name of the li- munities specified in its license is per- censee, the station’s frequency, the missible. station’s channel number, as stated on (2) A station may include in its offi- the station’s license, and/or the sta- cial station identification the name of tion’s network affiliation may be in- any additional community or commu- serted between the call letters and sta- nities, but the community to which the tion location. DTV stations, or DAB station is licensed must be named first. Stations, choosing to include the sta- (c) Channel—(1) General. Except as tion’s channel number in the station otherwise provided in this paragraph, identification must use the station’s in making the identification announce- major channel number and may distin- ment the call letters shall be given guish multicast program streams. For only on the channel, or channels in the example, a DTV station with major case of a broadcaster that is multichannel number 26 may use 26.1 to casting more than a single channel, identify an HDTV program service and identified thereby. 26.2 to identify an SDTV program serv- (2) Simultaneous AM (535–1605 kHz) and ice. A DTV station that is devoting one AM (1605–1705 kHz broadcasts. If the of its multicast streams to transmit same licensee operates an AM broad- the programming of another television cast station in the 535–1605 kHz band licensee must identify itself and may and an AM broadcast station in the also identify the licensee that it is 1605–1705 kHz band with both stations

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licensed to the same community and casting such a conversation simulta- simultaneously broadcasts the same neously with its occurrence, a licensee programs over the facilities of both shall inform any party to the call of such stations, station identification the licensee’s intention to broadcast announcements may be made jointly the conversation, except where such for both stations for periods of such si- party is aware, or may be presumed to multaneous operations. be aware from the circumstances of the (3) Satellite operation. When program- conversation, that it is being or likely ming of a broadcast station is rebroad- will be broadcast. Such awareness is cast simultaneously over the facilities presumed to exist only when the other of a satellite station, the originating party to the call is associated with the station may make identification an- station (such as as employee or part- nouncements for the satellite station time reporter), or where the other for periods of such simultaneous oper- party originates the call and it is obvi- ation. ous that it is in connection with a pro- (i) In the case of a television broad- gram in which the station customarily cast station, such announcements, in broadcasts telephone conversations. addition to the information required by paragraph (b)(1) of this section, shall [35 FR 7733, May 20, 1970] include the number of the channel on § 73.1207 Rebroadcasts. which each station is operating. (ii) In the case of aural broadcast sta- (a) The term rebroadcast means recep- tions, such announcements, in addition tion by radio of the programs or other to the information required by para- transmissions of a broadcast or any graph (b)(1) of this section, shall in- other type of radio station, and the si- clude the frequency on which each sta- multaneous or subsequent retrans- tion is operating. mission of such programs or trans- (d) Subscription television stations missions by a broadcast station. (STV). The requirements for official (1) As used in this section, ‘‘pro- station identification applicable to TV gram’’ includes any complete programs stations will apply to Subscription TV or part thereof. stations except, during STV-encoded (2) The transmission of a program programming such station identifica- from its point of origin to a broadcast tion is not required. However, a station station entirely by common carrier fa- identification announcement will be cilities, whether by wire line or radio, made immediately prior to and fol- is not considered a rebroadcast. lowing the encoded Subscription TV (3) The broadcasting of a program re- program period. layed by a remote pickup broadcast station is not considered a rebroadcast. [34 FR 19762, Dec. 17, 1969, as amended at 37 FR 23726, Nov. 8, 1972; 39 FR 6707, Feb. 22, (b) No broadcast station may re- 1974; 39 FR 9442, Mar. 11, 1974; 41 FR 29394, transmit the program, or any part July 16, 1976; 47 FR 3791, Jan. 27, 1982; 48 FR thereof, of another U.S. broadcast sta- 51308, Nov. 8, 1983; 56 FR 64872, Dec. 12, 1991; tion without the express authority of 65 FR 30003, May 10, 2000; 69 FR 59535, Oct. 4, the originating station. A copy of the 2004; 72 FR 45693, Aug. 15, 2007; 73 FR 5684, written consent of the licensee origi- Jan. 30, 2008; 76 FR 71269, Nov. 17, 2011] nating the program must be kept by EFFECTIVE DATE NOTE: At 73 FR 5684, Jan. the licensee of the station retransmit- 30, 2008, § 73.1201 was amended by revising ting such program and made available paragraph (b)(1). This paragraph contains in- to the FCC upon request. formation collection and recordkeeping re- (1) Stations originating emergency quirements and will not become effective communications under a State EAS until approval has been given by the Office of Management and Budget. plan are considered to have conferred rebroadcast authority to other partici- § 73.1202 [Reserved] pating stations. (2) Permission must be obtained from § 73.1206 Broadcast of telephone con- the originating station to rebroadcast versations. any subsidiary communications trans- Before recording a telephone con- mitted by means of a multiplex subcar- versation for broadcast, or broad- rier or telecommunications service on

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the vertical blanking interval or in the (iii) Identification of the Naval Ob- visual signal of a television signal. servatory as the source of the time sig- (3) Programs originated by the Voice nal must be made by an announcement, of America (VOA) and the Armed substantially as follows: ‘‘With the sig- Forces Radio and Television Services nal, the time will be...courtesy of (AFRTS) cannot, in general, be cleared the U.S. Naval Observatory.’’ for domestic rebroadcast, and may (iv) Schedules of time signal broad- therefore be retransmitted only by spe- casts may be obtained upon request cial arrangements among the parties from the Superintendent, U.S. Naval concerned. Observatory, Washington, DC 20390. (4) Except as otherwise provided by (2) National Bureau of Standards Time international agreement, programs Signals. (i) Time signals for rebroadcast originated by foreign broadcast sta- must be obtained by direct radio recep- tions may be retransmitted without tion from a National Bureau of Stand- the consent of the originating station. ards (NBS) station. (c) The transmissions of non-broad- (ii) Use of receiving and rebroadcast stations may be rebroadcast under casting equipment must not delay the the following conditions: signals by more than 0.05 second. (1) Messages originated by privately- (iii) Signals must be rebroadcast live, owned non-broadcast stations other not from tape or other recording. than those in the Amateur and CB (iv) Voice or code announcements of Radio Services may be broadcast only the call signs of NBS stations are not upon receipt of prior permission from to be rebroadcast. the non-broadcast licensee. Addition- (v) Identification of the origin of the ally, messages transmitted by common service and the source of the signals carrier stations may be rebroadcast must be made by an announcement only upon prior permission of the origi- substantially as follows: ‘‘At the tone, nator of the message as well as the sta- 11 hours 25 minutes Coordinated Uni- tion licensee. versal Time. This is a rebroadcast of a (2) Except as provided in paragraph continous service furnished by the Na- (d) of this section, messages originated tional Bureau of Standards, Ft. Collins, entirely by non-broadcast stations Colo.’’ No commercial sponsorship of owned and operated by the Federal this announcement is permitted and Government may be rebroadcast only none may be implied. upon receipt of prior permission from (vi) Schedules of time signal broad- the government agency originating the casts may be obtained from, and notice messages. of use of NBS time signals for rebroad- (3) Messages originated by stations in cast must be forwarded semiannually the Amateur and CB Radio Services to: may be rebroadcast at the discretion of National Bureau of Standards, Radio Sta- broadcast station licensees. tions WWV/WWVB, 2000 East County Road (4) Emergency communications origi- 58, Ft. Collins, Colorado 80524. nated under a State EAS plan. (vii) In the rebroadcasting of NBS (d) The rebroadcasting of time sig- time signals, announcements will not nals originated by the Naval Observ- state that they are standard frequency atory and the National Bureau of transmissions. Voice announcements of Standards and messages from the Na- Coordinated Universal Time are given in tional Weather Service stations is per- voice every minute. Each minute, ex- mitted without specific authorization cept the first of the hour, begins with under the following procedures: an 0.8 second long tone of 1000 hertz at (1) Naval Observatory Time Signals. (i) WWV and 1200 hertz tone at WWVH. The time signals rebroadcast must be The first minute of every hour begins obtained by direct radio reception from with an 0.8 second long tone of 1500 a naval radio station, or by land line hertz at both stations. This tone is fol- circuits. lowed by a 3-second pause, than the an- (ii) Announcement of the time signal nouncement, ‘‘National Bureau of must be made without reference to any Standards Time.’’ This is followed by commercial activity. another 3-second pause before station

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identification. This arrangement al- ture need not be identified as taped, lows broadcast stations sufficient time filmed or recorded. to retransmit the hour time tone and [37 FR 23726, Nov. 8, 1972] the words ‘‘National Bureau of Stand- ards Time’’ either by manual or auto- § 73.1209 References to time. matic switching. Unless specifically designated as (viii) Time signals or scales made up ‘‘standard (non-advanced)’’ or ‘‘ad- from integration of standard frequency vanced,’’ all references to time con- signals broadcast from NBS stations tained in this part, and in license docu- may not be designated as national ments and other authorizations issued standard scales of time or attributed to thereunder shall be understood to the NBS as originator. For example, if mean local time; i.e., the time legally a broadcasting station transmits time observed in the community. signals obtained from a studio clock which is periodically calibrated against [39 FR 26736, July 23, 1974] the NBS time signals from WWV or WWVH, such signals may not be an- § 73.1210 TV/FM dual-language broadcasting in Puerto Rico. nounced as NBS standard time or as having been originated by the NBS. (a) For the purpose of this section, (3) National Weather Service Messages. dual-language broadcasting shall be (i) Messages of the National Weather understood to mean the telecasting of Service must be rebroadcast within 1 a program in one language with the simultaneous transmission, on the main hour of receipt. channel of a participating FM broad- (ii) If advertisements are given in cast station, of companion sound track connection with weather rebroadcast, information in a different language. these advertisements must not directly (b) Television and Class A television or indirectly convey an endorsement licensees in Puerto Rico may enter by the U.S. Government of the prod- into dual-language time purchase ucts or services so advertised. agreements with FM broadcast licens- (iii) Credit must be given to indicate ees, subject to the following condi- that the rebroadcast message origi- tions: nates with the National Weather Serv- (1) All such agreements shall be re- ice. duced to writing and retained by the li- [44 FR 36040, June 20, 1979, as amended at 45 censee for possible Commission inspec- FR 26065, Apr. 17, 1980; 48 FR 28456, June 22, tion, in accordance with § 73.3613 of this 1983; 50 FR 25246, June 18, 1985; 59 FR 67102, chapter. Dec. 28, 1994; 61 FR 36305, July 10, 1996; 82 FR (2) All such agreements shall specify 41103, Aug. 29, 2017] that the FM licensee will monitor sound track material with a view to re- § 73.1208 Broadcast of taped, filmed, or jecting any material deemed to be in- recorded material. appropriate or objectionable for broad- (a) Any taped, filmed or recorded pro- cast exposure. gram material in which time is of spe- (3) No television, Class A television, cial significance, or by which an af- or FM broadcast station may devote firmative attempt is made to create more than 15 hours per week to dual- the impression that it is occurring si- language broadcasting, nor may more multaneously with the broadcast, shall than three (3) hours of such program- be announced at the beginning as ming be presented on any given day. taped, filmed or recorded. The lan- (4) Noncommercial educational tele- guage of the announcement shall be vision broadcast stations shall take all clear and in terms commonly under- necessary precautions to assure that stood by the public. For television sta- the entire operation is conducted on a tions, the announcement may be made noncommercial basis and otherwise in visually or aurally. accordance with § 73.621 of this part. (b) Taped, filmed, or recorded an- [40 FR 17259, Apr. 18, 1975, as amended at 49 nouncements which are of a commer- FR 33663, Aug. 24, 1984; 50 FR 40016, Oct. 1, cial, promotional or public service na- 1985; 65 FR 30003, May 10, 2000]

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§ 73.1211 Broadcast of lottery informa- authorized or not otherwise prohibited tion. by the State in which it is conducted (a) No licensee of an AM, FM, tele- and which is: vision, or Class A television broadcast (i) Conducted by a not-for-profit or- station, except as in paragraph (c) of ganization or a governmental organiza- this section, shall broadcast any adver- tion (18 U.S.C. 1307(a); 102 Stat. 3205); or tisement of or information concerning (ii) Conducted as a promotional ac- any lottery, gift enterprise, or similar tivity by a commercial organization scheme, offering prizes dependent in and is clearly occasional and ancillary whole or in part upon lot or chance, or to the primary business of that organi- any list of the prizes drawn or awarded zation. (18 U.S.C. 1307(a); 102 Stat. 3205). by means of any such lottery, gift en- (d)(1) For purposes of paragraph (c) of terprise or scheme, whether said list this section, ‘‘lottery’’ means the pool- contains any part or all of such prizes. ing of proceeds derived from the sale of (18 U.S.C. 1304, 62 Stat. 763). tickets or chances and allotting those (b) The determination whether a par- proceeds or parts thereof by chance to ticular program comes within the pro- one or more chance takers or ticket visions of paragraph (a) of this section purchasers. It does not include the depends on the facts of each case. How- placing or accepting of bets or wagers ever, the Commission will in any event on sporting events or contests. consider that a program comes within (2) For purposes of paragraph (c)(4)(i) the provisions of paragraph (a) of this of this section, the term ‘‘not-for-profit section if in connection with such pro- organization’’ means any organization gram a prize consisting of money or that would qualify as tax exempt under other thing of value is awarded to any section 501 of the Internal Revenue person whose selection is dependent in Code of 1986. whole or in part upon lot or chance, if [40 FR 6210, Feb. 10, 1975, as amended at 45 as a condition of winning or competing FR 6401, Jan. 28, 1980; 54 FR 20856, May 15, for such prize, such winner or winners 1989; 55 FR 18888, May 7, 1990; 65 FR 30003, are required to furnish any money or May 10, 2000] other thing of value or are required to have in their possession any product § 73.1212 Sponsorship identification; sold, manufactured, furnished or dis- list retention; related requirements. tributed by a sponsor of a program (a) When a broadcast station trans- broadcast on the station in question. mits any matter for which money, (See 21 FCC 2d 846). service, or other valuable consider- (c) The provisions of paragraphs (a) ation is either directly or indirectly and (b) of this section shall not apply paid or promised to, or charged or ac- to an advertisement, list of prizes or cepted by such station, the station, at other information concerning: the time of the broadcast, shall an- (1) A lottery conducted by a State nounce: acting under the authority of State law (1) That such matter is sponsored, which is broadcast by a radio or tele- paid for, or furnished, either in whole vision station licensed to a location in or in part, and that State or any other State which (2) By whom or on whose behalf such conducts such a lottery. (18 U.S.C. consideration was supplied: Provided, 1307(a); 102 Stat. 3205). however, That ‘‘service or other valu- (2) Fishing contests exempted under able consideration’’ shall not include 18 U.S. Code 1305 (not conducted for any service or property furnished ei- profit, i.e., all receipts fully consumed ther without or at a nominal charge for in defraying the actual costs of oper- use on, or in connection with, a broad- ation). cast unless it is so furnished in consid- (3) Any gaming conducted by an In- eration for an identification of any per- dian Tribe pursuant to the Indian Gam- son, product, service, trademark, or ing Regulatory Act (25 U.S.C. 2701 et brand name beyond an identification seq.) reasonably related to the use of such (4) A lottery, gift enterprise or simi- service or property on the broadcast. lar scheme, other than one described in (i) For the purposes of this section, paragraph (c)(1) of this section, that is the term ‘‘sponsored’’ shall be deemed

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to have the same meaning as ‘‘paid such payment is made or promised, or for.’’ from whom or on whose behalf such (ii) In the case of any television po- services or other valuable consider- litical advertisement concerning can- ation is received, or by whom the ma- didates for public office, the sponsor terial or services referred to in para- shall be identified with letters equal to graph (d) of this section are furnished. or greater than four percent of the Where an agent or other person or enti- vertical picture height that air for not ty contracts or otherwise makes ar- less than four seconds. rangements with a station on behalf of (b) The licensee of each broadcast another, and such fact is known or by station shall exercise reasonable dili- the exercise of reasonable diligence, as gence to obtain from its employees, specified in paragraph (b) of this sec- and from other persons with whom it tion, could be known to the station, deals directly in connection with any the announcement shall disclose the matter for broadcast, information to identity of the person or persons or en- enable such licensee to make the an- tity on whose behalf such agent is act- nouncement required by this section. ing instead of the name of such agent. (c) In any case where a report has Where the material broadcast is polit- been made to a broadcast station as re- ical matter or matter involving the quired by section 507 of the Commu- discussion of a controversial issue of nications Act of 1934, as amended, of public importance and a corporation, circumstances which would have re- committee, association or other unin- quired an announcement under this corporated group, or other entity is section had the consideration been re- paying for or furnishing the broadcast ceived by such broadcast station, an matter, the station shall, in addition appropriate announcement shall be to making the announcement required made by such station. by this section, require that a list of (d) In the case of any political broad- the chief executive officers or members cast matter or any broadcast matter of the executive committee or of the involving the discussion of a controver- board of directors of the corporation, sial issue of public importance for committee, association or other unin- which any film, record, transcription, corporated group, or other entity shall talent, script, or other material or be made available for public inspection service of any kind is furnished, either at the location specified under § 73.3526. directly or indirectly, to a station as If the broadcast is originated by a net- an inducement for broadcasting such work, the list may, instead, be retained matter, an announcement shall be at the headquarters office of the net- made both at the beginning and conclu- work or at the location where the orig- sion of such broadcast on which such inating station maintains its public in- material or service is used that such spection file under § 73.3526. Such lists film, record, transcription, talent, shall be kept and made available for a script, or other material or service has period of two years. been furnished to such station in con- (f) In the case of broadcast matter nection with the transmission of such advertising commercial products or broadcast matter: Provided, however, services, an announcement stating the That in the case of any broadcast of 5 sponsor’s corporate or trade name, or minutes’ duration or less, only one the name of the sponsor’s product, such announcement need be made ei- when it is clear that the mention of the ther at the beginning or conclusion of name of the product constitutes a the broadcast. sponsorship identification, shall be (e) The announcement required by deemed sufficient for the purpose of this section shall, in addition to stat- this section and only one such an- ing the fact that the broadcast matter nouncement need be made at any time was sponsored, paid for or furnished, during the course of the broadcast. fully and fairly disclose the true iden- (g) The announcement otherwise re- tity of the person or persons, or cor- quired by section 317 of the Commu- poration, committee, association or nications Act of 1934, as amended, is other unincorporated group, or other waived with respect to the broadcast of entity by whom or on whose behalf ‘‘want ad’’ or classified advertisements

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sponsored by an individual. The waiver the structure, if required, is painted granted in this paragraph shall not ex- and/or illuminated in accordance with tend to a classified advertisement or part 17 of this chapter. In the event of want ad sponsorship by any form of default by the owner, each licensee or business enterprise, corporate or other- permittee shall be responsible for en- wise. Whenever sponsorship announce- suring that the structure complies ments are omitted pursuant to this with applicable painting and lighting paragraph, the licensee shall observe requirements. the following conditions: [61 FR 4367, Feb. 6, 1996] (1) Maintain a list showing the name, address, and (where available) the tele- § 73.1215 Specifications for indicating phone number of each advertiser; instruments. (2) Make this list available to mem- The following requirements and spec- bers of the public who have a legiti- ifications shall apply to indicating in- mate interest in obtaining the informa- struments used by broadcast stations: tion contained in the list. Such list (a) Linear scale instruments: must be retained for a period of two (1) Length of scale shall not be less years after broadcast. than 2.3 inches (5.8 cm). (h) Any announcement required by (2) Accuracy shall be at least 2 per- section 317(b) of the Communications cent of the full scale reading. Act of 1934, as amended, is waived with (3) The maximum rating of the meter respect to feature motion picture film shall be such that it does not read off produced initially and primarily for scale during modulation or normal op- theatre exhibition. eration. NOTE: The waiver heretofore granted by (4) Scale shall have at least 40 divi- the Commission in its Report and Order sions. adopted November 16, 1960 (FCC 60–1369; 40 (5) Full scale reading shall not be F.C.C. 95), continues to apply to programs greater than five times the minimum filmed or recorded on or before June 20, 1963, normal indication. when § 73.654, the predecessor television rule, (b) Instruments having square-law went into effect. scales: (i) Commission interpretations in (1) Meet the requirements of para- connection with the provisions of the graphs (a) (1), (2), and (3) of this section sponsorship identification rules are for linear scale instruments. contained in the Commission’s Public (2) Full scale reading shall not be Notice, entitled ‘‘Applicability of greater than three times the minimum Sponsorship Identification Rules,’’ normal indication. dated May 6, 1963 (40 F.C.C. 141), as (3) No scale division above one-third modified by Public Notice, dated April full scale reading shall be greater than 21, 1975 (FCC 75–418). Further interpre- one-thirtieth of the full scale reading. tations are printed in full in various (Example: An ammeter meeting re- volumes of the Federal Communica- quirement (1) having full scale reading tions Commission Reports. of 6 amperes is acceptable for reading currents from 2 to 6 amperes, provided [40 FR 18400, Apr. 28, 1975, as amended at 46 FR 13907, Feb. 24, 1981; 49 FR 4211, Feb. 3, no scale division between 2 and 6 am- 1984; 49 FR 33663, Aug. 24, 1984; 50 FR 32417, peres is greater than one-thirtieth of 6 Aug. 12, 1985; 57 FR 8279, Mar. 9, 1992; 77 FR amperes, 0.2 ampere.) 27655, May 11, 2012] (c) Instruments having logarithmic scales: § 73.1213 Antenna structure, marking (1) Meet the requirements of para- and lighting. graphs (a) (1), (2), and (3) of this section (a) The provisions of part 17 of this for linear scale instruments. chapter (Construction, Marking, and (2) Full scale reading shall not be Lighting of Antenna Structures), re- greater than five times the minimum quires certain antenna structures to be normal indication. painted and/or lighted in accordance (3) No scale division above one-fifth with part 17. full scale reading (in watts) shall be (b) The owner of each antenna struc- greater than one-thirtieth of the full ture is responsible for ensuring that scale reading. (Example: A wattmeter

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meeting requirement (3) having full the air or on the Internet. No contest scale reading of 1,500 watts is accept- description shall be false, misleading able for reading power from 300 to 1,500 or deceptive with respect to any mate- watts, provided no scale division be- rial term. tween 300 and 1,500 watts is greater (b) The disclosure of material terms than one-thirtieth of 1,500 watts or 50 shall be made by the station con- watts.) ducting the contest by either: (d) Instruments having expanded (1) Periodic disclosures broadcast on scales: the station; or (1) Shall meet the requirements of (2) Written disclosures on the sta- paragraphs (a) (1), (2), and (3) of this tion’s Internet Web site, the licensee’s section for linear scale instruments. Web site, or if neither the individual (2) Full scale reading shall not be station nor the licensee has its own greater than five times the minimum Web site, any Internet Web site that is normal indication. publicly accessible. (3) No scale division above one-fifth (c) In the case of disclosure under full scale reading shall be greater than paragraph (b)(1) of this section, a rea- one-fiftieth of the full scale reading. sonable number of periodic broadcast (Example: An ammeter meeting the re- disclosures is sufficient. In the case of quirement (1) is acceptable for indi- disclosure under paragraph (b)(2) of cating current from 1 to 5 amperes, this section, the station shall: provided no division between 1 and 5 (1) Establish a conspicuous link or amperes is greater than one-fiftieth of tab to material contest terms on the 5 amperes, 0.1 ampere.) home page of the Internet Web site; (e) Digital meters, printers, or other (2) Announce over the air periodi- numerical readout devices may be used cally the availability of material con- in addition to or in lieu of indicating test terms on the Web site and identify instruments meeting the specifications the Web site address where the terms of paragraphs (a), (b), (c), and (d) of are posted with information sufficient this section. The readout of the device for a consumer to find such terms eas- must include at least three digits and ily; and must indicate the value of the param- (3) Maintain material contest terms eter being read to an accuracy of 2%. on the Web site for at least thirty days The multiplier, if any, to be applied to after the contest has concluded. Any the reading of each parameter must be changes to the material terms during indicated at the operating position. the course of the contest must be fully (f) No instrument which has been disclosed on air within 24 hours of the broken or appears to be damaged or de- change on the Web site and periodi- fective, or the accuracy of which is cally thereafter or the fact that such questionable shall be used, until it has changes have been made must be an- been checked, and if necessary repaired nounced on air within 24 hours of the and recalibrated by the manufacturer change, and periodically thereafter, or qualified instrument repair service. and such announcements must direct Repaired instruments shall not be used participants to the written disclosures unless a certificate of calibration has on the Web site. Material contest been provided showing that the instru- terms that are disclosed on an Internet ment conforms to the manufacturer’s Web site must be consistent in all sub- specifications for accuracy. stantive respects with those mentioned over the air. [41 FR 36818, Sept. 1, 1976; 41 FR 43152, Sept. NOTE 1 TO § 73.1216: For the purposes of this 30, 1976, as amended at 51 FR 2707, Jan. 21, section: 1986] (a) A contest is a scheme in which a prize is offered or awarded, based upon chance, § 73.1216 Licensee-conducted contests. diligence, knowledge or skill, to members of (a) A licensee that broadcasts or ad- the public. vertises information about a contest it (b) Material terms include those factors which define the operation of the contest and conducts shall fully and accurately dis- which affect participation therein. Although close the material terms of the contest, the material terms may vary widely depend- and shall conduct the contest substan- ing upon the exact nature of the contest, tially as announced or advertised over they will generally include: How to enter or

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participate; eligibility restrictions; entry § 73.1225 Station inspections by FCC. deadline dates; whether prizes can be won; when prizes can be won; the extent, nature (a) The licensee of a broadcast sta- and value of prizes; basis for valuation of tion shall make the station available prizes; time and means of selection of win- for inspection by representatives of the ners; and/or tie-breaking procedures. FCC during the station’s business Note 2 to § 73.1216: In general, the time and hours, or at any time it is in operation. manner of disclosure of the material terms of a contest are within the licensee’s discre- (b) In the course of an inspection or tion. However, the obligation to disclose the investigation, an FCC representative material terms arises at the time the audi- may require special equipment tests, ence is first told how to enter or participate program tests or operation with night- and continues thereafter. time or presunrise facilities during Note 3 to § 73.1216: This section is not ap- daytime hours pursuant to § 0.314, part plicable to licensee-conducted contests not broadcast or advertised to the general public 0, of the FCC rules. or to a substantial segment thereof, to con- (c) The following records shall be tests in which the general public is not re- made available by all broadcast sta- quested or permitted to participate, to the tions upon request by representatives commercial advertisement of non-licensee- of the FCC. conducted contests, or to a contest conducted by a non-broadcast division of the li- (1) Equipment performance measure- censee or by a non-broadcast company re- ments required by §§ 73.1590 and 73.1690. lated to the licensee. (2) The written designations for chief [80 FR 64361, Oct. 23, 2015] operators and, when applicable, the contracts for chief operators engaged § 73.1217 Broadcast hoaxes. on a contract basis. No licensee or permittee of any (3) Application for modification of broadcast station shall broadcast false the transmission system made pursu- information concerning a crime or a ant to § 73.1690(c). catastrophe if: (4) Informal statements or drawings (a) The licensee knows this informa- depicting any transmitter modification tion is false; made pursuant to § 73.1690(e). (b) It is forseeable that broadcast of (5) Station logs and special technical the information will cause substantial records. public harm, and (d) Commercial and noncommercial (c) Broadcast of the information does AM stations must make the following in fact directly cause substantial pub- information also available upon re- lic harm. quest by representatives of the FCC. Any programming accompanied by a (1) Copy of the most recent antenna disclaimer will be presumed not to pose or common-point impedance measure- foreseeable harm if the disclaimer ments. clearly characterizes the program as a (2) Copy of the most recent field fiction and is presented in a way that strength measurements made to estab- is reasonable under the circumstances. lish performance of directional antennas required by § 73.151. NOTE: For purposes of this rule, ‘‘public harm’’ must begin immediately, and cause (3) Copy of the partial directional an- direct and actual damage to property or to tenna proofs of performance made in the health or safety of the general public, or accordance with § 73.154 and made pur- diversion of law enforcement or other public suant to the following requirements: health and safety authorities from their du- (i) Section 73.68, Sampling systems ties. The public harm will be deemed foreseeable if the licensee could expect with a sig- for antenna monitors. nificant degree of certainty that public harm (ii) Section 73.69, Antenna monitors. would occur. A ‘‘crime’’ is any act or omis- (iii) Section 73.61, AM direction an- sion that makes the offender subject to tenna field strength measurements. criminal punishment by law. A ‘‘catastrophe’’ is a disaster or imminent disaster [43 FR 45846, Oct. 4, 1978; 43 FR 50683, Oct. 31, involving violent or sudden event affecting 1978, as amended at 51 FR 41629, Nov. 18, 1986; the public. 51 FR 44478, Dec. 10, 1986; 57 FR 48333, Oct. 23, [57 FR 28640, June 26, 1992] 1992]

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§ 73.1226 Availability to FCC of station § 73.1250 Broadcasting emergency in- logs and records. formation. The following shall be made available (a) Emergency situations in which to any authorized representative of the the broadcasting of information is con- FCC upon request: sidered as furthering the safety of life (a) Station records and logs shall be and property include, but are not lim- made available for inspection or dupli- ited to the following: Tornadoes, hurri- cation at the request of the FCC or its canes, floods, tidal waves, earthquakes, representative. Such logs or records icing conditions, heavy snows, wide- may be removed from the licensee’s spread fires, discharge of toxic gasses, possession by an FCC representative widspread power failures, industrial ex- or, upon request, shall be mailed by the plosions, civil disorders and school licensee to the FCC by either reg- closing and changes in school bus istered mail, return receipt requested, schedules resulting from such condi- or certified mail, return receipt re- tions. See also § 73.3542, Application for quested. The return receipt shall be re- Emergency Authorization, for require- tained by the licensee as part of the ments involving emergency situations station records until such records or not covered by this section for which logs are returned to the licensee. A re- prior operating authority must be receipt shall be furnished when the logs quested. or records are removed from the licens- (b) If requested by responsible public ee’s possession by an FCC representa- officials, a station may, at its discre- tive and this receipt shall be retained tion, and without further FCC author- by the licensee as part of the station ity, transmit emergency point-to-point records until such records or logs are messages for the purpose of requesting returned to the licensee. When the FCC or dispatching aid and assisting in res- has no further need for such records or cue operations. logs, they shall be returned to the li- (c) If the Emergency Alert System censee. The provisions of this rule shall (EAS) is activated for a national emer- apply solely to those station logs and gency while a Local Area or State records which are required to be main- emergency operation is in progress, the tained by the provisions of this chap- national level EAS operation must ter. take precedence. If, during the broad- (1) Logs and records stored on micro- casting of Local Area or State emer- film, microfiche or other data-storage gency information, the EAS codes or systems are subject to the require- Attention Signal described in § 11.12 of ments pertaining thereto found in this chapter are used, the broadcasts § 73.1840(b). are considered as being carried out (b) Where records or logs are main- under a Local Area or State EAS plan. tained as the official records of a rec- (d) Any emergency operation under- ognized law enforcement agency and taken in accordance with this section the removal of the records from the may be terminated by the FCC if re- possession of the law enforcement quired in the public interest. agency will hinder its law enforcement (e) Immediately upon cessation of an activities, such records will not be re- emergency during which broadcast fa- moved pursuant to this section if the cilities were used for the transmission chief of the law enforcement agency of point-to-point messages under para- promptly certifies in writing to the graph (b) of this section, or when day- FCC that removal of the logs or records time facilities were used during night- will hinder law enforcement activities time hours by an AM station in accord- of the agency, stating insofar as fea- ance with paragraph (f) of this section, sible the basis for his decision and the a report in letter form shall be for- date when it can reasonably be ex- warded to the FCC in Washington, DC, pected that such records will be re- setting forth the nature of the emer- leased to the FCC. gency, the dates and hours of the [43 FR 45847, Oct. 4, 1978; 43 FR 50683, Oct. 31, broadcasting of emergency informa- 1978, as amended at 45 FR 41151, June 18, 1980; tion, and a brief description of the ma- 48 FR 28457, June 22, 1983; 83 FR 65557, Dec. terial carried during the emergency. A 21, 2018] certification of compliance with the

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noncommercialization provision of mitted as specified in § 11.51(b) of this paragraph (f) of this section must ac- chapter. company the report where daytime fa- [43 FR 45847, Oct. 4, 1978, as amended at 50 FR cilities are used during nighttime 30947, July 31, 1985; 59 FR 67102, Dec. 28, 1994; hours by an AM station, together with 60 FR 56000, Nov. 6, 1995; 65 FR 30003, May 10, a detailed showing, under the 2000] provisisons of that paragraph, that no other broadcast service existed or was § 73.1300 Unattended station operation. adequate. (f) AM stations may, without further Broadcast stations may be operated FCC authority, use their full daytime as either attended (where a designated facilities during nighttime hours to person is responsible for the proper op- broadcast emergency information (ex- eration of the transmitting apparatus amples listed in paragraph (a) of this either at the transmitter site, a remote section), when necessary to the safety control point or an ATS control point) or unattended (where highly stable of life and property, in dangerous con- equipment or automated monitoring of ditions of a general nature and when station operating parameters is em- adequate advance warning cannot be ployed). No prior FCC approval is re- given with the facilities authorized. quired to operate a station in the unat- Because of skywave interference im- tended mode. Regardless of which pact on other stations assigned to the method of station operation is em- same channel, such operation may be ployed, licensees must employ proce- undertaken only if regular, unlimited- dures which will ensure compliance time service, is non-existent, inad- with Part 11 of this chapter, the rules equate from the standpoint of cov- governing the Emergency Alert System erage, or not serving the public need. (EAS). All operation under this paragraph must be conducted on a noncommercial [60 FR 55481, Nov. 1, 1995] basis. Recorded music may be used to § 73.1350 Transmission system oper- the extent necessary to provide pro- ation. gram continuity. (a) Each licensee is responsible for (g) Broadcasting of emergency infor- maintaining and operating its broad- mation shall be confined to the hours, cast station in a manner which com- frequencies, powers and modes of oper- plies with the technical rules set forth ation specified in the station license, elsewhere in this part and in accord- except as otherwise provided for AM ance with the terms of the station au- stations in paragraph (f) of this sec- thorization. tion. (b) The licensee must designate a (h) Any emergency information chief operator in accordance with transmitted by a TV or Class A TV sta- § 73.1870. The licensee may designate tion in accordance with this section one or more technically competent per- shall be transmitted both aurally and sons to adjust the transmitter oper- visually or only visually. TV and Class ating parameters for compliance with A TV stations may use any method of the technical rules and the station au- visual presentation which results in a thorization. legible message conveying the essen- (1) Persons so authorized by the li- tial emergency information. Methods censee may make such adjustments di- which may be used include, but are not rectly at the transmitter site or by necessarily limited to, slides, elec- using control equipment at an off-site tronic captioning, manual methods location. (e.g., hand printing) or mechanical (2) The transmitter control personnel printing processes. However, when an must have the capability to turn the emergency operation is being con- transmitter off at all times. If the per- ducted under a national, State or Local sonnel are at a remote location, the Area Emergency Alert System (EAS) control system must provide this capa- plan, emergency information shall be bility continuously or must include an transmitted both aurally and visually alternate method of acquiring control unless only the EAS codes are trans- that can satisfy the requirement of

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paragraph (e) of this section that oper- specified by the station license for the ation be terminated within three min- pertinent time of day, or operation utes. substantially at variance from the au- (c) The licensee must establish moni- thorized radiation pattern. toring procedures and schedules for the (f) If a broadcast station is operating station and the indicating instruments in a manner that is not in compliance employed must comply with § 73.1215. with one of the following technical (1) Monitoring procedures and sched- rules, operation may continue if the ules must enable the licensee to deter- station complies with relevant alter- mine compliance with § 73.1560 regard- native provisions in the specified rule ing operating power and AM station section. mode of operation, § 73.1570 regarding (1) AM directional antenna system modulation levels, and, where applica- tolerances, see § 73.62; ble, § 73.1213 regarding antenna tower (2) AM directional antenna moni- lighting, and § 73.69 regarding the pa- toring points, see § 73.158; rameters of an AM directional antenna system. (3) TV visual waveform, see § 73.691(b); (2) Monitoring equipment must be pe- (4) Reduced power operation, see riodically calibrated so as to provide § 73.1560(d); reliable indications of transmitter op- (5) Reduced modulation level, see erating parameters with a known de- § 73.1570(a); gree of accuracy. Errors inherent in (6) Emergency antennas, see § 73.1680. monitoring equipment and the calibra- (g) The transmission system must be tion procedure must be taken into ac- maintained and inspected in accord- count when adjusting operating param- ance with § 73.1580. eters to ensure that the limits imposed (h) Whenever a transmission system by the technical rules and the station control point is established at a loca- authorization are not exceeded. tion other than the main studio or (d) In the event that a broadcast sta- transmitter, a letter of notification of tion is operating in a manner that is that location must be sent to the FCC not in compliance with the applicable in Washington, DC, Attention: Audio technical rules set forth elsewhere in Division (radio) or Video Division (tele- this part or the terms of the station vision), Media Bureau, within 3 days of authorization, and the condition is not the initial use of that point. The letter listed in paragraph (e) or (f) of this sec- should include a list of all control tion, broadcast operation must be ter- points in use, for clarity. This notifica- minated within three hours unless an- tion is not required if responsible sta- tenna input power is reduced suffi- tion personnel can be contacted at the ciently to eliminate any excess radi- transmitter or studio site during hours ation. Examples of conditions that re- of operation. quire termination of operation within (i) The licensee must ensure that the three hours include excessive power, station is operated in compliance with excessive modulation or the emission Part 11 of this chapter, the rules gov- of spurious signals that do not result in erning the Emergency Alert System harmful interference. (EAS). (e) If a broadcast station is operating in a manner that poses a threat to life [60 FR 55481, Nov. 1, 1995, as amended at 63 or property or that is likely to signifi- FR 33877, June 22, 1998; 67 FR 13232, Mar. 21, cantly disrupt the operation of other 2002; 72 FR 44423, Aug. 8, 2007] stations, immediate corrective action is required. In such cases, operation § 73.1400 Transmission system moni- must be terminated within three min- toring and control. utes unless antenna input power is re- The licensee of an AM, FM, TV or duced sufficiently to eliminate any ex- Class A TV station is responsible for cess radiation. Examples of conditions assuring that at all times the station that require immediate corrective ac- operates within tolerances specified by tion include the emission of spurious applicable technical rules contained in signals that cause harmful inter- this part and in accordance with the ference, any mode of operation not terms of the station authorization.

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Any method of complying with applica- malfunction which is capable of caus- ble tolerances is permissible. The fol- ing interference. lowing are typical methods of trans- [60 FR 55481, Nov. 1, 1995, as amended at 65 mission system operation: FR 30003, May 10, 2000; 82 FR 57882, Dec. 8, (a) Attended operation. (1) Attended 2017] operation consists of ongoing supervision of the transmission facilities by § 73.1515 Special field test authoriza- a station employee or other person des- tions. ignated by the licensee. Such super- (a) A special field test authorization vision may be accomplished by either: may be issued to conduct field strength (i) Direct supervision and control of surveys to aid in the selection of suit- transmission system parameters by a able sites for broadcast transmission person at the transmitter site; or facilities, determine coverage areas, or (ii) Remote control of the trans- to study other factors influencing mission system by a person at a studio broadcast signal propagation. The ap- or other location. The remote control plicant for the authorization must be system must provide sufficient trans- qualified to hold a license under sec- mission system monitoring and control tion 303(1)(l) of the Communications capability so as to ensure compliance Act. with § 73.1350. (b) Requests for authorizations to op- (2) A station may also be monitored erate a transmitter under a Special and controlled by an automatic trans- field test authorization must be in mission system (ATS) that is config- writing using an informal application ured to contact a person designated by in letter form, signed by the applicant the licensee in the event of a technical and including the following informa- malfunction. An automatic trans- tion: mission system consists of monitoring (1) Purpose, duration and need for the devices, control and alarm circuitry, survey. arranged so that they interact auto- (2) Frequency, transmitter output matically to operate the station’s powers and time of operation. transmitter and maintain technical parameters within licensed values. (3) A brief description of the test antenna system, its estimated effective (3) A hybrid system containing some radiated field and height above ground remote control and some ATS features is also permissible. or average terrain, and the geographic coordinates of its proposed location(s). (4) In the case of remote control or ATS operation, not every station pa- (c) Operation under a special field rameter need be monitored or contest authorization is subject to the fol- trolled if the licensee has good reason lowing conditions: to believe that its stability is so great (1) No objectionable interference will that its monitoring and control are un- result to the operation of other author- necessary. ized radio services; in this connection, (b) Unattended operation. Unattended the power requested shall not exceed operation is either the absence of that necessary for the purposes of the human supervision or the substitution test. of automated supervision of a station’s (2) The carriers will be unmodulated transmission system for human super- except for the transmission of a test- vision. In the former case, equipment is pattern on a visual TV transmitter, employed which is expected to operate and for hourly voice station identifica- within assigned tolerances for extended tion on aural AM, FM and TV trans- periods of time. The latter consists of mitters. the use of a self-monitoring or ATS- (3) The transmitter output power or monitored and controlled transmission antenna input power may not exceed system that, in lieu of contacting a those specified in the test authoriza- person designated by the licensee, tion and the operating power must be automatically takes the station off the maintained at a constant value for air within three hours of any technical each phase of the tests.

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(4) The input power to the final am- eration may broadcast any regular or plifier stage, and the AM antenna cur- scheduled programs during this period rent or the FM or TV transmitter out- of test and maintenance operation. put power must be observed and re- (c) Licensees of AM stations may ob- corded at half hour intervals and at tain special antenna test authoriza- any time that the power is adjusted or tions, and operate under the provisions changed. Copies of these records must described in § 73.157, to operate with be submitted to the FCC with the re- nighttime facilities during daytime quired report. hours in conducting directional an- (5) The test equipment may not be tenna field strength and antenna proof permanently installed, unless such in- of performance measurements. stallation has been separately authorized. Mobile units are not deemed per- [43 FR 32783, July 28, 1978, as amended at 45 manent installations. FR 6401, Jan. 28, 1980] (6) Test transmitters must be operated by or under the immediate direc- § 73.1530 Portable test stations [Defini- tion of an operator holding a commer- tion]. cial radio operator license (any class, A portable test station is one that is unless otherwise endorsed). moved from place to place for making (7) A report, containing the measure- field strength and ground conductivity ments, their analysis and other results measurements, for selecting station of the survey shall be filed with the transmitter sites, and conducting other FCC in Washington, DC within sixty specialized propagation tests. Portable (60) days following the termination of test stations are not normally used the test authorization. (8) The test transmission equipment, while in motion, and may not be used installation and operation thereof need for the transmission of programs in- not comply with the requirements of tended to be received by the public. FCC rules and standards except as [43 FR 32783, July 28, 1978] specified in this section if the equipment, installation and operation are § 73.1540 Carrier frequency measure- consistent with good engineering prin- ments. ciples and practices. (a) The carrier frequency of each AM (d) A special field test authorization and FM station and the visual carrier may be modified or terminated by noti- frequency and the difference between fication from the FCC if in its judgment such action will promote the pub- the visual carrier and the aural carrier lic interest, convenience and necessity. or center frequency of each TV and Class A TV station shall be measured [44 FR 58734, Oct. 11, 1979, as amended at 46 or determined as often as necessary to FR 35463, July 8, 1981; 49 FR 4211, Feb. 3, 1984; ensure that they are maintained within 49 FR 20670, May 16, 1984] the prescribed tolerances. § 73.1520 Operation for tests and main- (b) In measuring the carrier fre- tenance. quency, the licensee may use any (a) Broadcast stations may be oper- method or procedure that has suffi- ated for tests and maintenance of their cient precision to establish that the transmitting systems on their assigned carrier frequency is within the pre- frequencies using their licensed oper- scribed departure limits. ating power and antennas during their (c) The primary standard of fre- authorized hours of operation without quency for radio frequency measure- specific authorization from the FCC. ments is the standard frequency main- (b) Licensees of AM stations may op- tained by the National Bureau of erate for tests and maintenance during Standards or the standard signals of the hours from 12 midnight local time Stations WWV, WWVB, and WWVH of to local sunrise, if no interference is the National Bureau of Standards. caused to other stations maintaining a regular operating schedule within such [43 FR 32783, July 28, 1978, as amended at 48 period. No AM station licensed for FR 44805, Sept. 30, 1983; 65 FR 30004, May 10, ‘‘daytime’’ or ‘‘specified hours’’ of op- 2000]

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§ 73.1545 Carrier frequency departure Class A Television Service, MM Docket No. tolerances. 00–10, released April 13, 2001. (a) AM stations. The departure of the [44 FR 58734, Oct. 11, 1979; 44 FR 64408, Nov. 7, carrier frequency for monophonic 1979, as amended at 47 FR 13165, Mar. 29, 1982; 65 FR 30004, May 10, 2000; 67 FR 21691, May 1, transmissions or center frequency for 2001] stereophonic transmissions may not exceed ±20 Hz from the assigned fre- § 73.1560 Operating power and mode quency. tolerances. (b) FM stations. (1) The departure of (a) AM stations. (1) Except for AM sta- the carrier or center frequency of an tions using modulation dependent car- FM station with an authorized trans- rier level (MDCL) control technology, mitter output power more than 10 or as provided for in paragraph (d) of watts may not exceed ±2000 Hz from the this section, the antenna input power assigned frequency. of an AM station, as determined by the (2) The departure of the carrier or procedures specified in § 73.51, must be center frequency of an FM station with maintained as near as practicable to an authorized transmitter output the authorized antenna input power power of 10 watts or less may not ex- and may not be less than 90 percent nor ceed ±3000 Hz from the assigned fre- greater than 105 percent of the author- quency. ized power. AM stations may, without prior Commission authority, com- (c) TV stations. (1) The departure of mence MDCL control technology use, the visual carrier frequency of a TV ± provided that within 10 days after com- station may not exceed 1000 Hz from mencing such operation, the licensee the assigned visual carrier frequency. submits an electronic notification of (2) The departure of the aural carrier commencement of MDCL control oper- frequency of a TV station may not ex- ation using FCC Form 338. The trans- ceed ±1000 Hz from the actual visual mitter of an AM station operating carrier frequency plus exactly 4.5 MHz. using MDCL control technology, re- (d) International broadcast stations. gardless of the MDCL control tech- The departure of the carrier frequency nology employed, must achieve full li- of an International broadcast station censed power at some audio input level may not exceed 0.0015% of the assigned or when the MDCL control technology frequency on which the station is is disabled. MDCL control operation transmitting. must be disabled before field strength (e) Class A TV stations. The departure measurements on the station are of the carrier frequency of Class A TV taken. stations may not exceed the values (2) Whenever the transmitter of an specified in § 74.761 of this chapter. Pro- AM station cannot be placed into the vided, however, that Class A TV sta- specified operating mode at the time tions licensed to operate with a carrier required, transmissions of the station must be immediately terminated. How- offset, including those stations li- ever, if the radiated field at any bear- censed with a maximum effective radi- ing or elevation does not exceed that ated power and/or antenna height permitted for that time of day, oper- greater than the values specified in ation in the mode with the lesser radi- their initial Class A TV station author- ated field may continue under the noti- ization, must comply with paragraph fication procedures of paragraph (d) of (c) of this section. this section. NOTE TO PARAGRAPH (e): At a date not later (b) FM stations. Except as provided in than nine months after release of the Memo- paragraph (d) of this section, the trans- randum Opinion and Order on Reconsider- mitter output power of an FM station, ation in MM Docket No. 00–10 (the pro- with power output as determined by ceeding that established the Class A TV serv- the procedures specified in § 73.267, ice), all licensed Class A stations must oper- which is authorized for output power ate with a carrier frequency offset. See more than 10 watts must be maintained Memorandum Opinion and Order on Reconsid- as near as practicable to the authorized eration, In the Matter of Establishment of a transmitter output power and may not

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be less than 90% nor more than 105% of § 73.1570 Modulation levels: AM, FM, the authorized power. FM stations op- TV and Class A TV aural. erating with authorized transmitter (a) The percentage of modulation is output power of 10 watts or less, may to be maintained at as high a level as operate at less than the authorized is consistent with good quality of power, but not more than 105% of the transmission and good broadcast serv- authorized power. ice, with maximum levels not to exceed (c) TV stations. (1) Except as provided the values specified in paragraph (b). in paragraph (d) of this section, the vis- Generally, the modulation should not ual output power of a TV or Class A TV be less than 85% on peaks of frequent transmitter, as determined by the pro- recurrence, but where lower modula- cedures specified in Sec. 73.664, must be tion levels may be required to avoid ob- maintained as near as is practicable to jectionable loudness or to maintain the the authorized transmitter output dynamic range of the program mate- power and may not be less than 80% rial, the degree of modulation may be reduced to whatever level is necessary nor more than 110% of the authorized for this purpose, even though under power. such circumstances, the level may be (2) The output power of the aural substantially less than that which pro- transmitter shall be maintained to produces peaks of frequent recurrence at a vide an aural carrier ERP not to exceed level of 85%. 22% of the peak authorized visual ERP. (b) Maximum modulation levels must (3) The FCC may specify deviation meet the following limitations: from the power of tolerance require- (1) AM stations. In no case shall the ments for subscription television oper- amplitude modulation of the carrier ations to the extent it deems necessary wave exceed 100% on negative peaks of to permit proper operation. frequent recurrence, or 125% on posi- (d) Reduced power operation. In the tive peaks at any time. event it becomes technically impos- (i) AM stations transmitting stereo- sible to operate at authorized power, a phonic programs not exceed the AM broadcast station may operate at re- maximum stereophonic transmission duced power for a period of not more signal modulation specifications of than 30 days without specific authority stereophonic system in use. from the FCC. If operation at reduced (ii) For AM stations transmitting te- power will exceed 10 consecutive days, lemetry signals for remote control or notification must be made to the FCC automatic transmission system oper- in Washington, DC, Attention: Audio ation, the amplitude of modulation of Division (radio) or Video Division (tele- the carrier by the use of subaudible tones must not be higher than nec- vision), Media Bureau, not later than essary to effect reliable and accurate the 10th day of the lower power oper- data transmission and may not, in any ation. In the event that normal power case, exceed 6%. is restored within the 30 day period, (2) FM stations. The total modulation the licensee must notify the FCC of the must not exceed 100 percent on peaks date that normal operation was re- of frequent reoccurrence referenced to stored. If causes beyond the control of 75 kHz deviation. However, stations the licensee prevent restoration of the providing subsidiary communications authorized power within 30 days, a re- services using subcarriers under provi- quest for Special Temporary Authority sions of § 73.319 concurrently with the (see § 73.1635) must be made to the FCC broadcasting of stereophonic or in Washington, DC for additional time monophonic programs may increase as may be necessary. the peak modulation deviation as follows: [44 FR 58734, Oct. 11, 1979, as amended at 49 FR 22093, May 25, 1984; 49 FR 29069, July 18, (i) The total peak modulation may be 1984; 49 FR 47610, Dec. 6, 1984; 50 FR 26568, increased 0.5 percent for each 1.0 per- June 27, 1985; 50 FR 40015, Oct. 1, 1985; 63 FR cent subcarrier injection modulation. 33877, June 22, 1998; 65 FR 30004, May 10, 2000; (ii) In no event may the modulation 67 FR 13232, Mar. 21, 2002; 81 FR 2760, Jan. 19, of the carrier exceed 110 percent (82.5 2016] kHz peak deviation).

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(3) TV and Class A TV stations. In no (6) Annually, for AM stations, with case shall the total modulation of the not more than 14 months between aural carrier exceed 100% on peaks of measurements. frequent recurrence, unless some other (7) When required by other provisions peak modulation level is specified in an of the rules or the station license. instrument of authorization. For (b) Measurements for spurious and monophonic transmissions, 100% modu- harmonic emissions must be made to lation is defined as ±25 kHz. show compliance with the transmission (c) If a limiting or compression am- system requirements of § 73.44 for AM plifier is employed to maintain modu- stations; § 73.317 for FM stations and lation levels, precaution must be taken § 73.687 for TV stations. Measurements must be made under all conditions of so as not to substantially alter the dy- modulation expected to be encountered namic characteristics of programs. by the station whether transmitting [44 FR 58735, Oct. 11, 1979, as amended at 47 monophonic or stereophonic programs FR 13165, Mar. 29, 1982; 49 FR 14508, Apr. 12, and providing subsidiary communica- 1984; 49 FR 15081, Apr. 17, 1984; 49 FR 27147, tions services. July 2, 1984; 49 FR 47610, Dec. 6, 1984; 49 FR (c) TV visual equipment performance 48312, Dec. 12, 1984; 51 FR 26251, July 22, 1986; measurements must be made with the 56 FR 64872, Dec. 12, 1991; 65 FR 30004, May 10, equipment adjusted for normal pro- 2000] gram operation at the transmitter an- § 73.1580 Transmission system inspec- tenna sampling port to yield the fol- tions. lowing information: (1) Field strength or voltage of the Each AM, FM, TV and Class A TV lower side-band for a modulating fre- station licensee or permittee must con- quency of 1.25 MHz or greater, (includ- duct periodic complete inspections of ing 3.58 MHz for color), and of the the transmitting system and all re- upper side-band for a modulating fre- quired monitors to ensure proper sta- quency of 4.75 MHz or greater. tion operation. (2) Data showing that the waveform [65 FR 30004, May 10, 2000] of the transmitted signal conforms to that specified by the standards for TV § 73.1590 Equipment performance transmissions. measurements. (3) Photographs of a test pattern taken from a receiver or monitor con- (a) The licensee of each AM, FM, TV nected to the transmitter output. and Class A TV station, except licens- (4) Data showing envelope delay char- ees of Class D non-commercial edu- acteristics of the radiated signal. cational FM stations authorized to op- (5) Data showing the attenuation of erate with 10 watts or less output spurious and harmonic radiation, if, power, must make equipment perform- after type acceptance, any changes ance measurements for each main have been made in the transmitter or transmitter as follows: associated equipment (filters, (1) Upon initial installation of a new multiplexer, etc.) which could cause or replacement main transmitter. changes in its radiation products. (2) Upon modification of an existing (d) The data required by paragraphs transmitter made under the provisions (b) and (c) of this section, together of § 73.1690, Modification of trans- with a description of the equipment mission systems, and specified therein. and procedure used in making the (3) Installation of AM stereophonic measurements, signed and dated by the transmission equipment pursuant to qualified person(s) making the meas- § 73.128. urements, must be kept on file at the (4) Installation of FM subcarrier or transmitter or remote control point for stereophonic transmission equipment a period of 2 years, and on request pursuant to § 73.295, § 73.297, § 73.593 or must be made available during that § 73.597. time to duly authorized representa- (5) Installation of TV stereophonic or tives of the FCC. subcarrier transmission equipment [47 FR 8589, Mar. 1, 1982, as amended at 51 FR pursuant to §§ 73.669 and 73.1690. 18450, May 20, 1986; 65 FR 30004, May 10, 2000]

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§ 73.1610 Equipment tests. and determines it is necessary to either (a) During the process of construc- discontinue operation or to operate tion of a new broadcast station, the with temporary facilities to continue permittee, after notifying the FCC in program service, the following proce- Washington, D.C. may, without further dures apply: authority from the FCC, conduct (a) Licensees holding a construction equipment tests for the purpose of permit for modification of directional making such adjustments and measure- or nondirectional FM, TV or Class A ments as may be necessary to assure TV or nondirectional AM station facili- compliance with the terms of the con- ties may, without specific FCC author- struction permit, the technical provi- ity, for a period not exceeding 30 days: sions of the application therefore, the (1) Discontinue operation, or rules and regulations and the applica- (2) Operate with temporary facilities ble engineering standards. For AM sta- to maintain, as nearly as possible, but tions, equipment tests, including either not exceed, the size of the presently li- a directional or nondirectional proof of censed coverage area. performance required by the construc- (b) Licensees of an AM station hold- tion permit, may be conducted during ing a construction permit which in- daytime hours provided that the an- volves directional facilities and which tenna system is first substantially does not involve a change in operating tuned during the experimental period. frequency may, without specific FCC The nondirectional proof shall be con- authority, for a period not exceeding 30 ducted with power adjusted to 25% of days: that specified in the permit for the au- (1) Discontinue operation, or thorized directional facilities or, if applicable, to such higher power as is (2) Operate with reduced power or specified in the same permit for au- with parameters at variance from li- thorized nondirectional facilities. For censed tolerances while maintaining licensed stations, see § 73.1615, Oper- monitoring point field strengths within ation During Modification of Facili- licensed limits during the period subse- ties; and § 73.157, Antenna Testing Dur- quent to the commencement of modi- ing Daytime. fications authorized by the construc- (b) The FCC may notify the per- tion permit, or mittee not to conduct equipment tests (3) Operate in a nondirectional mode or may modify, cancel, suspend, or during the presently licensed hours of change the modes of testing or the directional operation with power re- dates and times for such tests in order duced to 25% or less of the nominal li- to resolve interference complaints or censed power, or whatever higher when such action may appear to be in power, not exceeding licensed power, the public interest, convenience, and will insure that the radiated field necessity. strength specified by the license is not (c) Equipment tests may be contin- exceeded at any given asimuth for the ued so long as the construction permit corresponding hours of directional op- shall remain valid. eration, or (d) The authorization for tests em- (4) Operate in a nondirectional mode bodied in this section shall not be con- during daytime hours, if not already so strued as constituting a license to op- licensed, only as necessary to conduct erate but as a necessary part of con- a required nondirectional proof of per- struction. formance with a power not to exceed [43 FR 32783, July 28, 1978, as amended at 47 25% of the maximum power authorized FR 40174, Sept. 13, 1982; 50 FR 30947, July 31, by the construction permit for direc- 1985] tional operation, or (5) Operate during daytime hours § 73.1615 Operation during modifica- with either the daytime or nighttime tion of facilities. directional pattern and with the power When the licensee of an existing AM, authorized by the construction permit FM, TV or Class A TV station is in the only as necessary to take proof of per- process of modifying existing facilities formance measurements. Operating as authorized by a construction permit power shall be promptly reduced to

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presently licensed level during any sig- essary to discontinue operation longer nificant period of time that these than 30 days, an informal letter re- measurements are not being taken. No quest, signed by the licensee or the li- daytime operation of construction per- censee’s representatives, must be sent mit directional patterns authorized by to the FCC in Washington, DC prior to this paragraph shall be conducted be- the 30th day. fore such patterns have been substan- (e) The FCC may modify or cancel tially tuned during the experimental the temporary operation permitted period. under the provisions of paragraph (a), (6) In the event the directional pat- (b), (c) or (d) of this section without tern authorized by the construction prior notice or right to hearing. permit replaces a licensed directional [50 FR 30947, July 31, 1985, as amended at 61 pattern, the licensee may operate with FR 28767, June 6, 1996; 65 FR 30004, May 10, the substantially adjusted construction 2000] permit pattern during the corresponding licensed hours of direc- § 73.1620 Program tests. tional operation with power not ex- (a) Upon completion of construction ceeding that specified for the licensed of an AM, FM, TV or Class A TV sta- pattern. tion in accordance with the terms of (c) Such operation or discontinuance the construction permit, the technical of operation in accordance with the provisions of the application, the rules provisions of paragraph (a) or (b) of and regulations and the applicable en- this section may begin upon notifica- gineering standards, program tests tion to the FCC in Washington, DC. may be conducted in accordance with (1) Should it be necessary to continue the following: the procedures in either paragraph (a) (1) The permittee of a nondirectional or (b) of this section beyond 30 days, an AM or FM station, or a nondirectional informal letter request signed by the or directional TV or Class A TV sta- licensee or the licensee’s representation, may begin program tests upon no- tive must be sent to the FCC in Wash- tification to the FCC in Washington, ington, DC. prior to the 30th day. DC provided that within 10 days there- (2) The license of a broadcasting sta- after, an application for a license is tion that fails to transmit broadcast filed with the FCC in Washington, DC. signals for any consecutive 12-month (2) The permittee of an FM station period expires as a matter of law at the with a directional antenna system end of that period, notwithstanding must file an application for license on any provision, term, or condition of the FCC Form 302–FM requesting authority license or construction permit to the to commence program test operations contrary. at full power with the FCC in Wash- (d) Licensees of an AM station hold- ington, D.C. This license application ing a construction permit which au- must be filed at least 10 days prior to thorizes both a change in frequency the date on which full power operations and directional facilities must request are desired to commence. The applica- and obtain authority from the FCC in tion for license must contain any ex- Washington, DC. prior to using any hibits called for by conditions on the new installation authorized by the per- construction permit. The staff will remit, or using temporary facilities. view the license application and the re- (1) The request is to be made at least quest for program test authority and 10 days prior to the date on which the issue a letter notifying the applicant temporary operation is to commence. whether full power operation has been The request is to be made by letter approved. Upon filing of the license ap- which shall describe the operating plication and related exhibits, and modes and facilities to be used. Such while awaiting approval of full power letter requests shall be signed by the operation, the FM permittee may oper- licensee or the licensee’s representa- ate the directional antenna at one half tive. (50%) of the authorized effective radi- (2) Discontinuance of operation is ated power. Alternatively, the per- permitted upon notification to the FCC mittee may continue operation with its In Washington, DC. Should it be nec- existing licensed facilities pending the

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issuance of program test authority at mandatory license terms only during the full effective radiated power by the the term specified on such licensee’s staff. authorization. (3) FM licensees replacing a direc- (b) The Commission reserves the tional antenna pursuant to § 73.1690 right to revoke, suspend, or modify (c)(2) without changes which require a program tests by any station without construction permit (see § 73.1690(b)) right of hearing for failure to comply may immediately commence program adequately with all terms of the contest operations with the new antenna struction permit or the provisions of at one half (50%) of the authorized ERP § 73.1690(c) for a modification of license upon installation. If the directional an- application, or in order to resolve in- tenna replacement is an EXACT dupli- stances of interference. The Commis- cate of the antenna being replaced (i.e., sion may, at its discretion, also require same manufacturer, antenna model the filing of a construction permit ap- number, and measured composite pat- plication to bring the station into com- tern), program tests may commence pliance the Commission’s rules and with the new antenna at the full au- policies. thorized power upon installation. The (c) Unless sooner suspended or re- licensee must file a modification of li- voked, the program test authority con- cense application on FCC Form 302–FM tinues valid during FCC consideration within 10 days of commencing oper- of the application for license, and dur- ations with the newly installed an- ing this period further extension of the tenna, and the license application must construction permit is not required. contain all of the exhibits required by Program test authority shall be auto- § 73.1690(c)(2). After review of the modi- matically terminated by final deter- fication-of-license application to cover mination upon the application for sta- the antenna change, the Commission tion license. will issue a letter notifying the appli- (d) All operation under program test cant whether program test operation authority shall be in strict compliance at the full authorized power has been approved for the replacement direc- with the rules governing broadcast sta- tional antenna. tions and in strict accordance with rep- (4) The permittee of an AM station resentations made in the application with a directional antenna system for license pursuant to which the tests must file an application for license on were authorized. FCC Form 302–AM requesting program (e) Acceptance by the FCC of notifi- test authority with the FCC in Wash- cation of the station of program tests, ington, DC at least ten (10) days prior or the granting of program test author- to the date on which it desires to com- ity by the FCC, is not to be construed mence program test operations. The by the permittee as approval by the application must provide an AM direc- FCC of the application for station li- tional antenna proof of performance, cense. containing the exhibits required by (f) The licensee of a UHF TV station § 73.186. After review of the application which is not in operation on, but as- to cover the construction permit, the signed to, the same allocated channel Commission will issue a letter noti- which a 1000 watt UHF translator sta- fying the applicant whether program tion is authorized to use (see § 73.3516, test operations may commence. Pro- ‘‘Specification of facilities’’), shall no- gram test operations may not com- tify the licensee of the translator sta- mence prior to issuance of staff ap- tion, in writing, at least 10 days prior proval. to commencing or resuming operation. (5) Except for permits subject to suc- The TV station licensee shall also cer- cessive license terms, the permittee of tify to the FCC in Washington, DC that an LPFM station may begin program such advance notice has been given to tests upon notification to the FCC in the translator station licensee. Washington, DC, provided that within (g) Reports required. In their applica- 10 days thereafter, an application for tion for a license to cover a construc- license is filed. Program tests may be tion permit and on the first anniver- conducted by a licensee subject to sary of the commencement of program

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tests, applicants for new broadcast fa- phone). Any request made pursuant to cilities that were granted after des- this paragraph shall be followed by a ignation for a comparative hearing as a written confirmation request con- result of a post designation settlement forming to the requirements of para- or a decision favoring them after com- graph (a)(2) of this section. Confirma- parative consideration must report. tion requests shall be submitted within (1) Any deviations from comparative 24 hours. (See also § 73.1680 Emergency proposals relating to integration of Antennas). ownership and management and diver- (4) An STA may be granted for an ini- sification of the media of mass tial period not to exceed 180 days. A communciation contained in their ap- limited number of extensions of such plication for a construction permit at authorizations may be granted for ad- the time such application was granted; ditional periods not exceeding 180 days and per extension. An STA necessitated by (2) Any deviations from an active/ technical or equipment problems, how- passive ownership structure proposed ever, may, in practice, be granted for in their application for a construction an initial period not to exceed 90 days permit at the time such application with a limited number of extensions was granted. not to exceed 90 days per extension. (3) The reports referred to in para- The permittee or licensee must dem- graphs (g)(1) and (2) of this section onstrate that any further extensions shall not be required in any case in requested are necessary and that all which the order granting the applica- steps to resume normal operation are tion relieved the applicant of the obli- being undertaken in an expeditions and gation to adhere to such proposals. timely fashion. The license of a broadcasting station that fails to transmit [43 FR 32784, July 28, 1978, as amended at 45 broadcast signals for any consecutive FR 6401, Jan. 28, 1980; 47 FR 28388, June 30, 1982; 49 FR 38132, Sept. 27, 1984; 56 FR 795, 12-month period expires as a matter of Jan. 9, 1991; 56 FR 25639, June 5, 1991; 57 FR law at the end of that period, notwith- 48333, Oct. 23, 1992; 62 FR 51059, Sept. 30, 1997; standing any STA or provision, term, 65 FR 7648, Feb. 15, 2000; 65 FR 30004, May 10, or condition of the license to the con- 2000] trary. (5) Certain rules specify special con- § 73.1635 Special temporary authoriza- siderations and procedures in situations (STA). tions requiring an STA or permit tem- (a) A special temporary authoriza- porary operation at variance without tion (STA) is the authority granted to prior authorization from the FCC when a permittee or licensee to permit the notification is filed as prescribed in the operation of a broadcast facility for a particular rules. See § 73.62, Directional limited period at a specified variance antenna system tolerances; § 73.157, An- from the terms of the station author- tenna testing during daytime; § 73.158, ization or requirements of the FCC Directional antenna monitoring points; rules applicable to the particular class § 73.691, Visual modulation monitoring; of station. § 73.1250, Broadcasting emergency infor- (1) A request for a STA should be mation; § 73.1350, Transmission system filed with FCC in Washington, DC at operation; § 73.1560, Operating power least 10 days prior to the date of the and mode tolerances; § 73.1570, Modula- proposed operation. tion levels: AM, FM, TV and Class A (2) The request is to be made by let- TV aural; § 73.1615, Operation during ter and shall fully describe the pro- modification of facilities; § 73.1680, posed operation and the necessity for Emergency antennas; and § 73.1740, the requested STA. Such letter re- Minimum operating schedule. quests shall be signed by the licensee (b) An STA may be modified or can- or the licensee’s representative. celled by the FCC without prior notice (3) A request for a STA necessitated or right to hearing. by unforeseen equipment damage or (c) No request by an AM station for failure may be made without regard to temporary authority to extend its the procedural requirements of this hours of operation beyond those au- section (e.g. via telegram or tele- thorized by its regular authorization

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will be accepted or granted by the FCC (5) Bi-lateral Agreement between the except in emergency situations con- United States and the Bahama Islands forming with the requirements of relating to presunrise operations by § 73.3542, Application for Emergency AM stations. Authorization. See also § 73.1250, Broad- (6) North American Regional Broad- casting Emergency Information. casting Agreement (NARBA), which, [50 FR 30948, July 31, 1985, as amended at 58 for the United States, remains in effect FR 51250, Oct. 1, 1993; 60 FR 55482, Nov. 1, with respect to the Dominican Repub- 1995; 61 FR 28767, June 6, 1996; 65 FR 30004, lic and the Bahama Islands. May 10, 2000] The documents listed in this paragraph § 73.1650 International agreements. are available for inspection in the of- (a) The rules in this part 73, and au- fice of the Chief, Planning and Negotia- thorizations for which they provide, tions Division, International Bureau, are subject to compliance with the FCC, Washington, DC. Copies may be international obligations and under- purchased from the FCC Copy Con- takings of the United States. Accord- tractor, whose name may be obtained ingly, all provisions in this part 73 are from the FCC Consumer Assistance Of- subject to compliance with applicable fice. requirements, restrictions, and proce- [54 FR 39737, Sept. 28, 1989, as amended at 56 dures accepted by the United States FR 64872, Dec. 12, 1991; 60 FR 5333, Jan. 27, that have been established by or pursu- 1995] ant to treaties or other international agreements, arrangements, or under- § 73.1660 Acceptability of broadcast standings to which the United States is transmitters. a signatory, including applicable an- (a)(1) An AM, FM, or TV transmitter nexes, protocols, resolutions, rec- shall be approved for compliance with ommendations and other the requirements of this part following supplementing documents associated the Supplier’s Declaration of Con- with such international instruments. (b) The United States is a signatory formity procedures described in sub- to the following treaties and other part J of part 2 of this chapter. international agreements that relate, NOTE 1 TO PARAGRAPH (a)(1): the in whole or in part, to AM, FM or TV verification procedure has been replaced by broadcasting: Supplier’s Declaration of Conformity. AM, (1) The following instruments of the FM, and TV transmitters previously authorized under subpart J of part 2 of this chapter International Telecommunication may remain in use. See § 2.950(j) of this chap- Union: ter. (i) Constitution. (2) An LPFM transmitter shall be (ii) Convention. certified for compliance with the re- (iii) Radio Regulations. (2) Regional Agreements for the quirements of this part following the Broadcasting Service in Region 2: procedures described in part 2 of this (i) MF Broadcasting 535–1605 kHz, Rio chapter. de Janeiro, 1981. (b) A permittee or licensee planning (ii) MF Broadcasting 1605–1705 kHz, to modify a transmitter which has been Rio de Janeiro, 1988. certified or approved with Supplier’s (3) Bi-lateral Agreements between Declaration of Conformity must follow the United States and Canada relating the requirements contained in § 73.1690. to: (c) A transmitter which was in use (i) AM Broadcasting. prior to January 30, 1955, may continue (ii) FM Broadcasting. to be used by the licensee, and succes- (iii) TV Broadcasting. sors or assignees, if it continues to (4) Bi-lateral Agreements between comply with the technical require- the United States and Mexico relating ments for the type of station at which to: it is used. (i) AM Broadcasting. (d) AM stereophonic exciter-genera- (ii) FM Broadcasting. tors for interfacing with approved or (iii) TV Broadcasting.

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verified AM transmitters may be cer- NOTE 1 TO PARAGRAPH (c): The verification tified upon request from any manufac- procedure has been replaced by Supplier’s turer in accordance with the proce- Declaration of Conformity. Transmitters dures described in part 2 of this chap- previously authorized under subpart J of this ter. Broadcast licensees may modify chapter may remain in use. See § 2.950 of this chapter. their certified AM stereophonic ex- NOTE 2 TO PARAGRAPH (c): Pending the citer-generators in accordance with availability of AM broadcast transmitters § 73.1690. that are authorized for use in the 1605–1705 (e) Additional rules covering certifi- kHz band, transmitters that are approved or cation and Supplier’s Declaration of verified for use in the 535–1605 kHz band may Conformity, modification of authorized be utilized in the 1605–1705 kHz band if it is transmitters, and withdrawal of a shown that the requirements of § 73.44 have grant of authorization are contained in been met. Equipment authorization for the part 2 of this chapter. transmitter will supersede the applicability of this note. [63 FR 36604, July 7, 1998, as amended at 65 FR 30004, May 10, 2000; 65 FR 67304, Nov. 9, [43 FR 53741, Nov. 17, 1978, as amended at 47 2000; 82 FR 50835, Nov. 2, 2017] FR 8590, Mar. 1, 1982; 47 FR 28388, June 30, 1982; 49 FR 4000, Feb. 1, 1984; 51 FR 18451, May § 73.1665 Main transmitters. 20, 1986; 56 FR 64872, Dec. 12, 1991; 63 FR 36604, (a) Each AM, FM, TV and Class A TV July 7, 1998; 65 FR 30004, May 10, 2000; 82 FR broadcast station must have at least 50835, Nov. 2, 2017] one main transmitter which complies § 73.1670 Auxiliary transmitters. with the provisions of the transmitter technical requirements for the type (a) A licensee of a broadcast station and class of station. A main trans- may, without further authority from mitter is one which is used for regular the FCC, install and use with the main program service having power ratings antenna system one or more auxiliary appropriate for the authorized oper- transmitters for the following pur- ating power(s). poses: (b) There is no maximum power rat- (1) The transmission of regular pro- ing limit for FM, TV or Class A TV sta- grams upon failure of the main trans- tion transmitters, however, the max- mitter. imum rated transmitter power of a (2) The transmission of regular pro- main transmitter stalled at an AM sta- grams during maintenance or modification shall be as follows: tion of the main transmitter. (3) Emergency broadcast system op- TABLE 1 TO PARAGRAPH (B) eration. Maximum (4) The transmission of regular pro- rated Authorized power transmitter grams by an AM station authorized for power (kW) Presunrise (PSRA) and/or Postsunset 0.25, 0.5, or 1 kW ...... 1 (PSSA) operation. 2.5 kW ...... 5 (5) The transmission of tests to deter- 5 or 10 kW ...... 10 mine the operating condition of the 25 or 50 kW ...... 50 auxiliary transmitter or auxiliary an- (c) A licensee may, without further tenna. authority or notification to the FCC, (6) For testing, upon the request of replace an existing main transmitter representatives of the FCC. or install additional main trans- (b) Authorization to install an auxil- mitter(s) for use with the authorized iary transmitter for use with other antenna if the replacement or addi- than the main antenna or authorized tional transmitter(s) has been approved auxiliary antenna must be obtained by with Supplier’s Declaration of Con- filing an application for a construction formity. Within 10 days after com- permit on FCC form 301 (FCC form 340 mencement of regular use of the re- for noncommercial educational sta- placement or additional transmitter(s), tions). equipment performance measurements, (c) The following technical and oper- as prescribed for the type of station are ating standards apply to auxiliary to be completed. transmitters:

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(1) The auxiliary transmitter may be 0.5 mV/m field strength contours of operated on only the station’s author- both the main and auxiliary facilities. ized frequency and within the required (b) An application for a construction carrier frequency departure tolerance permit to install a new auxiliary an- for the type of station. tenna, or to make changes in an exist- (2) The carrier frequency of the auxil- ing auxiliary antenna for which prior iary transmitter must be measured as FCC authorization is required (see often as necessary to ensure that it is § 73.1690), must be filed on FCC Form maintained within the prescribed toler- 301 (FCC Form 340 for noncommercial ance. educational stations). (3) When using an auxiliary trans- (c)(1) Where an FM, TV or Class A TV mitter, the operating power may be licensee proposes to use a formerly li- less than the authorized power but may censed main facility as an auxiliary fa- not exceed the authorized power within cility, or proposes to modify a pres- the permitted tolerance for the type of ently authorized auxiliary facility, and station. If operation with an auxiliary transmitter at reduced power con- no changes in the height of the an- tinues for a period exceeding 10 days, tenna radiation center are required in the FCC in Washington, DC must be excess of the limits in § 73.1690(c)(1), the notified. (See § 73.51, AM; § 73.267, FM; FM, TV or Class A TV licensee may § 73.567, NCE-FM; and § 73.663, TV). apply for the proposed auxiliary facil- (4) Normal operator requirements ity by filing a modification of license apply to the operation of the auxiliary application. The modified auxiliary fa- transmitter. cility must operate on the same channel as the licensed main facility. An NOTE: After January 1, 1979, new licenses exhibit must be provided with this li- will not be issued nor will existing licenses be renewed for auxiliary transmitters that cense application to demonstrate com- are operated into the main antenna system. pliance with § 73.1675(a). All FM, TV and Class A TV licensees may request a [43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 48 FR 36463, Aug. 11, decrease from the authorized facility’s 1983; 48 FR 42960, Sept. 20, 1983; 48 FR 44806, ERP in the license application. An FM, Sept. 30, 1983; 50 FR 32417, Aug. 12, 1985; 51 FR TV or Class A TV licensee may also in- 32088, Sept. 9, 1986] crease the ERP of the auxiliary facility in a license modification application, § 73.1675 Auxiliary antennas. provided the application contains an (a)(1) An auxiliary antenna is one analysis demonstrating compliance that is permanently installed and with the Commission’s radiofrequency available for use when the main an- radiation guidelines, and an analysis tenna is out of service for repairs or re- showing that the auxiliary facility will placement. An auxiliary antenna may comply with § 73.1675(a). Where an FM, be located at the same transmitter site TV, or Class A TV licensee or per- as the station’s main antenna or at a mittee proposes to mount an auxiliary separate site. The service contour of facility on an AM tower, it must also the auxiliary antenna may not extend demonstrate compliance with § 1.30003 beyond the following corresponding in the license application. contour for the main facility: (2) Where an AM licensee proposes to (i) AM stations: The 0.5 mV/m field use a former licensed main facility as strength contours. an auxiliary facility with an ERP less (ii) FM stations: The 1.0 mV/m field than or equal to the ERP specified on strength contours. the former main license, the AM sta- (iii) TV stations: The Grade B cov- tion may apply to license the proposed erage contours. auxiliary facility by filing a modifica- (iv) Class A TV stations: The pro- tion of license application on Form 302- tected contours defined in § 73.6010. AM. The proposed auxiliary facilities (2) An application for an auxiliary must have been previously licensed on antenna for an AM station filed pursu- the same frequency as the present ant to paragraphs (b) or (c) of this section must contain a map showing the main facility. The license application

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must contain an exhibit to dem- services by the use of an emergency an- onstrate compliance with § 73.1675(a). tenna. [43 FR 53741, Nov. 17, 1978, as amended at 44 [43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 45 FR 26066, Apr. 17, FR 22740, Apr. 17, 1979; 50 FR 30948, July 31, 1980; 50 FR 13974, Apr. 9, 1985; 62 FR 51060, 1985; 63 FR 33878, June 22, 1998; 65 FR 30005, Sept. 30, 1997; 63 FR 70049, Dec. 18, 1998; 65 FR May 10, 2000; 67 FR 13232, Mar. 21, 2002] 30005, May 10, 2000; 78 FR 66298, Nov. 5, 2013] § 73.1690 Modification of transmission § 73.1680 Emergency antennas. systems. (a) An emergency antenna is one that The following procedures and restric- is erected for temporary use after the tions apply to licensee modifications of authorized main and auxiliary anten- authorized broadcast transmission sys- nas are damaged and cannot be used. tem facilities. (b) Prior authority from the FCC is (a) The following changes are prohib- not required by licensees and permit- ited: tees to erect and commence operations (1) Those that would result in the using an emergency antenna to restore emission of signals outside of the au- program service to the public. How- thorized channel exceeding limits pre- ever, an informal letter request to con- scribed for the class of service. tinue operation with the emergency antenna must be made within 24 hours (2) Those that would cause the trans- to the FCC in Washington, DC, Atten- mission system to exceed the equip- tion: Audio Division (radio) or Video ment performance measurements pre- Division (television), Media Bureau, scribed for the class of service (AM, within 24 hours after commencement of § 73.44; FM, §§ 73.317, 73.319, and 73.322; its use. The request is to include a de- TV and Class A TV, §§ 73.682 and 73.687). scription of the damage to the author- (b) The following changes may be ized antenna, a description of the emer- made only after the grant of a con- gency antenna, and the station oper- struction permit application on FCC ating power with the emergency an- Form 301 for commercial stations or tenna. Form 340 for noncommercial edu- (1) AM stations. AM stations may use cational stations: a horizontal or vertical wire or a non- (1) Any construction of a new tower directional vertical element of a direc- structure for broadcast purposes, ex- tional antenna as an emergency an- cept for replacement of an existing tenna. AM stations using an emergency tower with a new tower of identical nondirectional antenna or a horizontal height and geographic coordinates. or vertical wire pursuant to this sec- (2) Any change in station geographic tion, in lieu or authorized directional coordinates, including coordinate cor- facilities, shall operate with power re- rections of more than 3 seconds lati- duced to 25% or less of the nominal li- tude and/or 3 seconds longitude. FM censed power, or, a higher power, not and TV directional stations must also exceeding licensed power, while insur- file a construction permit application ing that the radiated filed strength for any move of the antenna to another does not exceed that authorized in any tower structure located at the same co- given azimuth for the corresponding ordinates. hours of directional operation. (3) Any change which would require (2) FM, TV and Class A TV stations. an increase along any azimuth in the FM, TV and Class A TV stations may composite directional antenna pattern erect any suitable radiator, or use op- of an FM station from the composite erable sections of the authorized an- directional antenna pattern authorized tenna(s) as an emergency antenna. (see § 73.316), or any increase from the (c) The FCC may prescribe the output authorized directional antenna pattern power, radiation limits, or other oper- for a TV broadcast (see § 73.685) or Class ating conditions when using an emer- A TV station (see § 73.6025). gency antenna, and emergency antenna (4) Any change in the directional ra- authorizations may be modified or ter- diation characteristics of an AM direc- minated in the event harmful inter- tional antenna system. See § 73.45 and ference is caused to other stations or § 73.150.

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(5) Any decrease in the authorized construction permit. A television or power of an AM station or the ERP of Class A television station on Channels a TV or Class A TV station, or any de- 15 through 21 within 341 km of a co- crease or increase in the ERP of an FM channel land mobile operation, or 225 commercial station, which is intended km of a first-adjacent channel land for compliance with the multiple own- mobile operation, must also obtain a ership rules in § 73.3555. construction permit before increasing (6) For FM noncommercial edu- the horizontally or vertically polarized cational stations, any of the following: ERP (see part 74, § 74.709(a) and (b) for (i) Any increase in the authorized tables of urban areas and cor- maximum ERP, whether horizontally responding reference coordinates of po- or vertically polarized, for a non- tentially affected land mobile oper- commercial educational FM station op- ations). erating on Channels 201 through 220, or (9) Any change in the community of a Class D FM station operating on license, where the proposed new facili- Channel 200. ties are the same as, or would be mutu- (ii) For those FM noncommercial ally exclusive with, the licensee’s or educational stations on Channels 201 to permittee’s present assignment. 220, or a Class D FM station operating (c) The following FM, TV and Class A on Channel 200, which are within the TV station modifications may be made separation distances specified in Table without prior authorization from the A of § 73.525 with respect to a Channel 6 Commission. A modification of license television station, any increase in the application must be submitted to the horizontally or vertically polarized Commission within 10 days of com- ERP from the presently authorized mencing program test operations pur- ERP. suant to § 73.1620. With the exception of (iii) For those FM noncommercial applications filed solely pursuant to educational stations on Channels 201 paragraphs (c)(6), (c)(9), or (c)(10) of through 220 which are located within this section, the modification of li- the separation distances in § 73.525 with cense application must contain an ex- respect to a Channel 6 television sta- hibit demonstrating compliance with tion, or a Class D FM station operating the Commission’s radio frequency radi- on Channel 200, any decrease in the ation guidelines. In addition, except for presently authorized horizontal effec- applications solely filed pursuant to tive radiated power which would elimi- paragraphs (c)(6) or (c)(9) of this sec- nate the horizontal ERP to result in tion, where the installation is located use of vertical ERP only. on or near an AM tower, as defined in (iv) For those FM noncommercial § 1.30002, an exhibit demonstrating com- educational stations which employ sep- pliance with § 1.30003 or § 1.30002, as ap- arate antennas for the horizontal ERP plicable, is also required. and the vertical ERP, mounted at dif- (1) Replacement of an ferent heights, the station may not in- omnidirectional antenna with one of crease or decrease either the horizontal the same or different number of an- ERP or the vertical ERP without a tenna bays, provided that the height of construction permit. the antenna radiation center is not (7) Any increase in the authorized more than 2 meters above or 4 meters ERP of a television station, Class A below the authorized values. Any con- television station, FM commercial sta- current change in ERP must comply tion, or noncommercial educational with § 73.1675(c)(1), 73.1690(4), (c)(5), or FM station, except as provided for in (c)(7). Program test operations at the § 73.1690(c)(4), (c)(5), or (c)(7), or in full authorized ERP may commence § 73.1675(c)(1) in the case of auxiliary fa- immediately upon installation pursu- cilities. ant to § 73.1620(a)(1). (8) A commercial TV or noncommer- (2) Replacement of a directional FM cial educational TV station operating antenna, where the measured com- on Channels 14 or Channel 69 or a Class posite directional antenna pattern does A TV station on Channel 14 may in- not exceed the licensed composite di- crease its horizontally or vertically po- rectional pattern at any azimuth, larized ERP only after the grant of a where no change in effective radiated

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power will result, and where compli- (iv) A certification from a licensed ance with the principal coverage re- surveyor that the antenna has been ori- quirements of § 73.315(a) will be main- ented to the proper azimuth. tained by the measured directional pat- (v) A certification from a qualified tern. The antenna must be mounted engineer who oversaw installation of not more than 2 meters above or 4 me- the directional antenna that the an- ters below the authorized values. The tenna was installed pursuant to the modification of license application on manufacturer’s instructions. Form 302-FM to cover the antenna re- (3) A directional TV on Channels 2 placement must contain all of the data through 13 or 22 through 68 or a direc- in the following sections (i) through tional Class A TV on Channels 2 (v). Program test operations at one through 13 or 22 through 51, or a direc- half (50%) power may commence imme- tional TV or Class A TV station on diately upon installation pursuant to Channels 15 through 21 which is in ex- § 73.1620(a)(3). However, if the replace- cess of 341 km (212 miles) from a co- ment directional antenna is an exact channel land mobile operation or in ex- replacement (i.e., no change in manu- cess of 225 km (140 miles) from a first- facturer, antenna model number, AND adjacent channel land mobile operation measured composite antenna pattern), (see part 74, § 74.709(a) and (b) for tables program test operations may com- of urban areas and reference coordi- mence immediately upon installation nates of potentially affected land mo- at the full authorized power. bile operations), may replace a direc- (i) A measured directional antenna tional TV or Class A TV antenna by a pattern and tabulation on the antenna license modification application, if the manufacturer’s letterhead showing proposed horizontal theoretical direc- both the horizontally and vertically tional antenna pattern does not exceed polarized radiation components and the licensed horizontal directional an- demonstrating that neither of the com- tenna pattern at any azimuth and ponents exceeds the authorized com- where no change in effective radiated posite antenna pattern along any azi- power will result. The modification of muth. license application on Form 302–TV or (ii) Contour protection stations au- Form 302–CA must contain all of the thorized pursuant to § 73.215 or § 73.509 data set forth in § 73.685(f) or must attach a showing that the RMS § 73.6025(a), as applicable. (root mean square) of the composite (4) Commercial and noncommercial measured directional antenna pattern educational FM stations operating on is 85% or more of the RMS of the au- Channels 221 through 300 (except Class thorized composite antenna pattern. D), NTSC TV stations operating on See § 73.316(c)(9). If this requirement Channels 2 through 13 and 22 through cannot be met, the licensee may in- 68, Class A TV stations operating on clude new relative field values with the Channels 2 through 13 and 22 through license application to reduce the au- 51, and TV and Class A TV stations op- thorized composite antenna pattern so erating on Channels 15 through 21 that as to bring the measured composite an- are in excess of 341 km (212 miles) from tenna pattern into compliance with the a cochannel land mobile operation or 85 percent requirement. in excess of 225 km (140 miles) from a (iii) A description from the manufac- first-adjacent channel land mobile op- turer as to the procedures used to eration (see part 74, § 74.709(a) and (b) measure the directional antenna pat- for tables of urban areas and reference tern. The antenna measurements must coordinates of potentially affected land be performed with the antenna mount- mobile operations), which operate ed on a tower, tower section, or scale omnidirectionally, may increase the model equivalent to that on which the vertically polarized effective radiated antenna will be permanently mounted, power up to the authorized hori- and the tower or tower section must zontally polarized effective radiated include transmission lines, ladders, power in a license modification appli- conduits, other antennas, and any cation. Noncommercial educational other installations which may affect FM licensees and permittees on Chan- the measured directional pattern. nels 201 through 220, that do not use

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separate antennas mounted at different mitted for the station class, provided heights for the horizontally polarized that any change in the height of the ERP and the vertically polarized ERP, antenna radiation center remains in and are located in excess of the separa- accordance with § 73.1690(c)(1). Program tions from a Channel 6 television sta- test operations may commence at full tion listed in Table A of § 73.525(a)(1), power pursuant to § 73.1620(a)(1). All of may also increase the vertical ERP, up the following conditions also must be to (but not exceeding) the authorized met before a station may apply pursu- horizontally polarized ERP via a li- ant to this section: cense modification application. Pro- (i) The station may not be a ‘‘grand- gram test operations may commence at fathered’’ short-spaced station author- full power pursuant to § 73.1620(a)(1). ized pursuant to § 73.213 or short-spaced (5) Those Class A FM commercial sta- by a granted waiver of § 73.207; tions which were permitted to increase (ii) If the station is located in or near ERP pursuant to MM Docket No. 88–375 a radio quiet zone, radio coordination by a modification of license application zone, or a Commission monitoring sta- remain eligible to do so, provided that tion (see § 73.1030 and § 0.121(c) of this the station meets the requirements of chapter), the licensee or permittee § 73.1690 (c)(1) and is listed on one of the must have secured written concurrence Public Notices as authorized to in- from the affected radio quiet zone, crease ERP, or by a letter from the radio coordination zone, or the Com- Commission’s staff authorizing the mission’s Public Safety and Homeland change. These Public Notices were re- Security Bureau in the case of a moni- leased on November 3, 1989; November toring station, to increase effective ra- 17, 1989; December 8, 1989; March 2, 1990; diated power PRIOR to implementa- and February 11, 1991. The increased tion. A copy of that concurrence must ERP must comply with the multiple be submitted with the license applica- ownership requirements of § 73.3555. tion to document that concurrence has Program test operations may com- been received; mence at full power pursuant to § 73.1620(a)(1). (iii) The station does not require (6) FM contour protection stations international coordination as the sta- authorized pursuant to § 73.215 which tion does not lie within the border have become fully spaced under § 73.207 zones, or clearance has been obtained may file a modification of license ap- from Canada or Mexico for the higher plication to delete the § 73.215 contour power operation within the station’s protection designation with an exhibit specified domestic class and the sta- to demonstrate that the station is fully tion complies with § 73.207(b)(2) and (3) spaced in accordance with § 73.207. The with respect to foreign allotments and contour protection designation will be allocations; removed upon grant of the license ap- (iv) The increased ERP will not cause plication. Applications filed under this the station to violate the multiple rule section will be processed on a first ownership requirements of § 73.3555. come / first served basis with respect to (8) FM commercial stations and FM conflicting FM commercial minor noncommercial educational stations change applications and modification may decrease ERP on a modification of of license applications (including those license application provided that ex- filed pursuant to § 73.1690 (b) and (c)(6) hibits are included to demonstrate that and (c)(7)). all five of the following requirements (7) FM omnidirectional commercial are met: stations, and omnidirectional non- (i) Commercial FM stations must commercial educational FM stations continue to provide a 70 dBu principal operating on Channels 221 through 300 community contour over the commu- (except Class D), which are not des- nity of license, as required by ignated as contour protection stations § 73.315(a). Noncommercial educational pursuant to § 73.215 and which meet the FM stations must continue to provide spacing requirements of § 73.207, may a 60 dBu contour over at least a portion file a license modification application of the community of license. The 60 to increase ERP to the maximum per- and 70 dBu contours must be predicted

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by use of the standard contour pre- change will become effective upon diction method in § 73.313(b), (c), and grant of the license application. (d). (10) Replacement of a transmission (ii) For commercial FM stations line with one of a different type or only, there is no change in the author- length which changes the transmitter ized station class as defined in § 73.211. operating power (TPO) from the au- (iii) For commercial FM stations thorized value, but not the ERP, must only, the power decrease is not nec- be reported in a license modification essary to achieve compliance with the application to the Commission. multiple ownership rule, § 73.3555. (11) Correction of geographic coordi- (iv) Commercial FM stations, non- nates where the change is 3 seconds or commercial educational FM stations fewer in latitude and/or 3 seconds or on Channels 221 through 300, and non- fewer in longitude, provided there is no commercial educational FM stations physical change in location and no on Channels 200 through 220 which are other licensed parameters are changed. located in excess of the distances in The correction of coordinates may not Table A of § 73.525 with respect to a result in any new short spacings or in- Channel 6 TV station, may not use this creases in existing short spacings. (d) The following changes may be rule to decrease the horizontally polar- made without authorization from the ized ERP below the value of the FCC, however informal notification of vertically polarized ERP. the changes must be made according to (v) Noncommercial educational FM the rule sections specified: stations on Channels 201 through 220 (1) Commencement of remote control which are within the Table A distance operation pursuant to § 73.1400. separations of § 73.525, or Class D sta- (2) Modification of an AM directional tions on Channel 200, may not use the antenna sampling system. See § 73.68. license modification process to elimi- (e) Any electrical and mechanical nate an authorized horizontally polar- modification to authorized transmit- ized component in favor of vertically ting equipment that is not otherwise polarized-only operation. In addition, restricted by the preceding provisions noncommercial educational stations of this section, may be made without operating on Channels 201 through 220, FCC notification or authorization. or Class D stations on Channel 200, Equipment performance measurements which employ separate horizontally must be made within ten days after and vertically polarized antennas completing the modifications (See mounted at different heights, may not § 73.1590). An informal statement, dia- use the license modification process to gram, etc., describing the modification increase or decrease either the hori- must be retained at the transmitter zontal ERP or vertical ERP without a site for as long as the equipment is in construction permit. use. (9) The licensee of an AM, FM, or TV commercial station may propose to [47 FR 8590, Mar. 1, 1982] change from commercial to non- EDITORIAL NOTE: For FEDERAL REGISTER ci- commercial educational on a modifica- tations affecting § 73.1690, see the List of CFR tion of license application, provided Sections Affected, which appears in the Finding Aids section of the printed volume that the application contains com- and at www.govinfo.gov. pleted Sections II and IV of FCC Form 340. In addition, a noncommercial edu- § 73.1692 [Reserved] cational AM licensee, a TV licensee on a channel not reserved for noncommer- § 73.1695 Changes in transmission cial educational use, or an FM licensee standards. on Channels 221 to 300 (except Class D The FCC will consider the question FM) on a channel not reserved for non- whether a proposed change or modifica- commercial educational use, may tion of transmission standards adopted apply to change from educational to for broadcast stations would be in the commercial via a modification of li- public interest, convenience, and ne- cense application, and no exhibits are cessity, upon petition being filed by required with the application. The the person proposing such change or

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modification, setting forth the fol- hours operations may also be licensed. lowing: AM stations licensed to operate day- (a) The exact character of the change time-only and limited-time may con- or modification proposed; tinue to do so; however, no new such (b) The effect of the proposed change stations will be authorized, except for or modification upon all other trans- fulltime stations that reduce operating mission standards that have been hours to daytime-only for interference adopted by the FCC for broadcast sta- reduction purposes. tions; (c) The experimentation and field [43 FR 45849, Oct. 4, 1978, as amended at 56 FR tests that have been made to show that 64872, Dec. 12, 1991] the proposed change or modification § 73.1710 Unlimited time. accomplishes an improvement and is technically feasible; Operation is permitted 24 hours a (d) The effect of the proposed change day. or modification in the adopted stand- [43 FR 45849, Oct. 4, 1978] ards upon operation and obsolescence of receivers; § 73.1715 Share time. (1) Should a change of modification in the transmission standards be adopt- Operation is permitted by two or ed by the FCC, the effective date there- more broadcast stations using the of will be determined in the light of the same channel in accordance with a di- considerations mentioned in this para- vision of hours mutually agreed upon graph (d); and considered part of their licenses. (2) [Reserved] (a) If the licenses of stations author- (e) The change in equipment required ized to share time do not specify hours in existing broadcast stations for in- of operation, the licensees shall en- corporating the proposed change or deavor to reach an agreement for a modification in the adopted standards; definite schedule of periods of time to and be used by each. Such agreement shall (f) The facts and reasons upon which be in writing and each licensee shall the petitioner bases the conclusion file it in duplicate original with each that the proposed change or modifica- application to the FCC in Washington, tion would be in the public interest, DC for renewal of license. If and when convenience, and necessity. such written agreements are properly filed in conformity with this section, [49 FR 4211, Feb. 3, 1984] the file mark of the FCC will be affixed § 73.1700 Broadcast day. thereto, one copy will be retained by the FCC, and one copy returned to the The term broadcast day means that licensee and will be considered as part period of time between the station’s of the station’s license. If the license sign-on and its sign-off. specifies a proportionate time division, [43 FR 45849, Oct. 4, 1978] the agreement shall maintain this proportion. If no proportionate time divi- § 73.1705 Time of operation. sion is specified in the license, the li- (a) Commercial and noncommercial censees shall agree upon a division of educational TV and commercial FM time. Such division of time shall not stations will be licensed for unlimited include simultaneous operation of the time operation. Application may be stations unless specifically authorized made for voluntary share-time oper- by the terms of the license ation. (b) If the licensees of stations author- (b) Noncommercial educational FM ized to share time are unable to agree stations will be licensed for unlimited on a division of time, the FCC in Wash- and share time operation according to ington, DC shall be so notified by a the provisions of § 73.561. statement filed with the applications (c) AM stations in the 535–1705 kHz for renewal of licenses. Upon receipt of band will be licensed for unlimited such statement, the FCC will designate time. In the 535–1605 kHz band, stations the applications for a hearing and, that apply for share time and specified pending such hearing, the operating

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schedule previously adhered to shall re- § 73.1725 Limited time. main in full force and effect. (a) Operation is applicable only to (c) A departure from the regular Class B (secondary) AM stations on a schedule in a time-sharing agreement clear channel with facilities authorized will be permitted only in cases where before November 30, 1959. Operation of an agreement to that effect is put in the secondary station is permitted dur- writing, is signed by the licensees of ing daytime and until local sunset if the stations affected thereby and filed located west of the Class A station on in triplicate by each licensee with the the channel, or until local sunset at FCC in Washington, DC prior to the the Class A station if located east of time of the time of the proposed that station. Operation is also per- change. If time is of the essence, the mitted during nighttime hours not actual departure in operating schedule used by the Class A station or other may precede the actual filing of writ- stations on the channel. ten agreement, provided appropriate (b) No authorization will be granted notice is sent to the FCC. for: (d) If the license of an AM station au- (1) A new limited time station; thorized to share time does not specify (2) A limited time station operating the hours of operation, the station may on a changed frequency; be operated for the transmission of reg- (3) A limited time station with a new ular programs during the experimental transmitter site materially closer to period provided an agreement thereto the 0.1 mV/m contour of a co-channel is reached with the other stations with U.S. Class A station; or which the broadcast day is shared: And (4) Modification of the operating fa- further provided, Such operation is not cilities of a limited time station result- in conflict with § 73.72 (Operating during in increased radiation toward any ing the experimental period). Time- point on the 0.1 mV/m contour of a co- sharing agreements for operation dur- channel U.S. Class A station during the ing the experimental period need not hours after local sunset in which the be submitted to the FCC. limited time station is permitted to (e) Noncommercial educational FM operate by reason of location east of stations are authorized for share time the Class A station. operation according to the provisions (c) The licensee of a secondary sta- of § 73.561. tion which is authorized to operate limited time and which may resume [43 FR 45849, Oct. 4, 1978, as amended at 47 FR operation at the time the Class A sta- 40174, Sept. 13, 1982; 84 FR 2758, Feb. 8, 2019] tion (or stations) on the same channel § 73.1720 Daytime. ceases operation shall, with each application for renewal of license, file in Operation is permitted during the triplicate a copy of its regular oper- hours between average monthly local ating schedule. It shall bear a signed sunrise and average monthly local sun- notation by the licensee of the Class A set. station of its objection or lack of ob- (a) The controlling times for each jection thereto. Upon approval of such month of the year are stated in the sta- operating schedule, the FCC will affix tion’s instrument of authorization. its file mark and return one copy to Uniform sunrise and sunset times are the licensee authorized to operate lim- specified for all of the days of each ited time. Such approved operating month, based upon the actual times of schedule shall be considered part of the sunrise and sunset for the fifteenth day station’s license. Departure from said of the month adjusted to the nearest operating schedule will be permitted quarter hour. Sunrise and sunset times only pursuant to § 73.1715 (Share time). are derived by using the standardized procedure and the tables in the 1946 [56 FR 64872, Dec. 12, 1991, as amended at 84 FR 2758, Feb. 8, 2019] American Nautical Almanac issued by the United States Naval Observatory. § 73.1730 Specified hours. (b) [Reserved] (a) Specified hours stations must op- [43 FR 45849, Oct. 4, 1978] erate in accordance with the exact

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hours specified in their license. How- (D) 24 hours per week during the 31st ever, such stations, operating on local through 36th months. channels, unless sharing time with (ii) After 36 months of operation, not other stations, may operate at hours less than 2 hours in each day of the beyond those specified in their licenses week and not less than a total of 28 to carry special events programing. hours per calendar week. When such programs are carried during (iii) Visual transmissions of test pat- nighttime hours, the station’s author- terns, slides, or still pictures accom- ized nighttime facilities must be used. panied by unrelated aural trans- (b) Other exceptions to the adherence missions may not be counted in com- to the schedule of specified hours of op- puting program service (see § 73.653). eration are provided in § 73.72 (Oper- (3) ‘‘Operation’’ includes the period ating during the experimental period), during which the station is operated § 73.1250 (Broadcasting emergency infor- pursuant to temporary authorization mation) and § 73.1740 (Minimum oper- or program tests, as well as during the ating schedule). license period. (4) In the event that causes beyond [43 FR 45850, Oct. 4, 1978] the control of a licensee make it im- § 73.1735 AM station operation pre- possible to adhere to the operating sunrise and post-sunset. schedule of this section or to continue operating, the station may limit or dis- Certain classes of AM stations are el- continue operation for a period of not igible to operate pre-sunrise and/or more than 30 days without further au- post-sunset for specified periods with thority from the FCC. Notification facilities other than those specified on must be sent to the FCC in Wash- their basic instruments of authoriza- ington, D.C. not later than the 10th day tion. Such pre-sunrise and post-sunset of limited or discontinued operation. operation is authorized pursuant to the During such period, the licensee shall provisions of § 73.99 of the Rules. continue to adhere to the requirements [49 FR 41249, Oct. 22, 1984] in the station license pertaining to the lighting of antenna structures. In the § 73.1740 Minimum operating sched- event normal operation is restored ule. prior to the expiration of the 30 day pe- (a) All commercial broadcast sta- riod, the licensee will so notify the tions are required to operate not less FCC of this date. If the causes beyond than the following minimum hours: the control of the licensee make it im- (1) AM and FM stations. Two-thirds of possible to comply within the allowed the total hours they are authorized to period, informal written request shall operate between 6 a.m. and 6 p.m. local be made to the FCC no later than the time and two-thirds of the total hours 30th day for such additional time as they are authorized to operate between may be deemed necessary. 6 p.m. and midnight, local time, each (5) Class A TV stations. Not less than day of the week except Sunday. 18 hours in each day of the week. (i) Class D stations which have been (b) Noncommercial educational AM authorized nighttime operations need and TV stations are not required to op- comply only with the minimum re- erate on a regular schedule and no min- quirements for operation between 6 imum hours of operation are specified; a.m. and 6 p.m., local time. but the hours of actual operation dur- (2) TV stations. (i) During the first 36 ing a license period shall be taken into months of operation, not less than 2 consideration in the renewal of non- hours daily in any 5 broadcast days per commercial educational AM and TV calendar week and not less than a total broadcast licenses. Noncommercial of: educational FM stations are subject to (A) 12 hours per week during the first the operating schedule requirements 18 months. according to the provisions of § 73.561. (B) 16 hours per week during the 19th (c) The license of any broadcasting through 24th months. station that fails to transmit broadcast (C) 20 hours per week during the 25th signals for any consecutive 12-month through 30th months. period expires as a matter of law at the

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end of that period, notwithstanding or not by the provisions of this part, any provision, term, or condition of the must accurately reflect the station op- license to the contrary. eration. Any employee making a log entry shall sign the log, thereby attest- [43 FR 45850, Oct. 4, 1978, as amended at 53 FR 1032, Jan. 15, 1988; 56 FR 64873, Dec. 12, 1991; ing to the fact that the entry, or any 61 FR 28767, June 6, 1996; 65 FR 30006, May 10, correction or addition made thereto, is 2000] an accurate representation of what transpired. § 73.1745 Unauthorized operation. (b) The logs shall be kept in an or- (a) No broadcast station shall operate derly and legible manner, in suitable at times, or with modes or power, other form and in such detail that the data than those specified and made a part of required for the particular class of sta- the license, unless otherwise provided tion concerned are readily available. in this part. Key letters or abbreviations may be (b) Any unauthorized departure from used if the proper meaning or expla- an operating schedule which is required nation is contained elsewhere in the to be filed with the FCC in Washington, log. Each sheet must be numbered and DC, will be considered as a violation of dated. Time entries must be made in a material term of the license. local time and must be indicated as advanced (e.g., EDT) or non-advanced [43 FR 45850, Oct. 4, 1978] (e.g., EST) time. (c) Any necessary corrections of a § 73.1750 Discontinuance of operation. manually kept log after it has been The licensee of each station shall no- signed in accordance with paragraph tify by letter the FCC in Washington, (a) of this section shall be made only DC, Attention: Audio Division (radio) by striking out the erroneous portion or Video Division (television), Media and making a corrective explanation Bureau, of the permanent discontinu- on the log or attachment to it. Such ance of operation at least two days be- corrections shall be dated and signed fore operation is discontinued. Imme- by the person who kept the log or the diately after discontinuance of oper- station chief operator, the station ation, the licensee shall forward the manager or an officer of the licensee. station license and other instruments (d) No automatically kept log shall of authorization to the FCC, Attention: be altered in any way after entries Audio Division (radio) or Video Divi- have been recorded. When automatic sion (television), Media Bureau, for logging processes fail or malfunction, cancellation. The license of any station the log must be kept manually for that that fails to transmit broadcast signals period and in accordance with the re- for any consecutive 12 month period ex- quirements of this section. pires as a matter of law at the end of (e) No log, or portion thereof, shall be that period, notwithstanding any pro- erased, obliterated or willfully de- vision, term, or condition of the license stroyed during the period in which it is to the contrary. If a licensee surren- required to be retained. (Section ders its license pursuant to an inter- 73.1840, Retention of logs.) ference reduction agreement, and its (f) Application forms for licenses and surrender is contingent on the grant of other authorizations may require that another application, the licensee must certain technical operating data be identify in its notification the contin- supplied. These application forms gencies involved. should be kept in mind in connection [67 FR 13233, Mar. 21, 2002] with the maintenance of the station log. § 73.1800 General requirements related to the station log. [43 FR 45850, Oct. 4, 1978, as amended at 48 FR 38481, Aug. 24, 1983; 48 FR 44806, Sept. 30, 1983; (a) The licensee of each station must 49 FR 14509, Apr. 12, 1984; 49 FR 33663, Aug. 24, maintain a station log as required by 1984; 50 FR 40016, Oct. 1, 1985] § 73.1820. This log shall be kept by station employees competent to do so, § 73.1820 Station log. having actual knowledge of the facts (a) Entries must be made in the sta- required. All entries, whether required tion log either manually by a person

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designated by the licensee who is in ac- (B) When the operating power is de- tual charge of the transmitting appa- termined by the indirect method, the ratus, or by automatic devices meeting efficiency factor F and either the prod- the requirements of paragraph (b) of uct of the final amplifier input voltage this section. Indications of operating and current or the calculated antenna parameters that are required to be input power. See § 73.51(e). logged must be logged prior to any ad- (C) Antenna monitor phase or phase justment of the equipment. Where ad- deviation indications. justments are made to restore param- (D) Antenna monitor sample cur- eters to their proper operating values, rents, current ratios, or ratio deviation the corrected indications must be indications. logged and accompanied, if any param- (ii) Entries required by § 73.61 per- eter deviation was beyond a prescribed formed in accordance with the schedule tolerance, by a notation describing the specified therein. nature of the corrective action. Indica- (iii) Entries of the results of calibrations of all parameters whose values tion of automatic logging devices (see are affected by the modulation of the paragraph (b) of this section) or indi- carrier must be read without modula- cating instruments (see § 73.67), when- tion. The actual time of observation ever performed. must be included in each log entry. The (b) Automatic devices accurately following information must be entered: calibrated and with appropriate time, (1) All stations. (i) Entries required by date and circuit functions may be uti- § 17.49 of this chapter concerning any lized to record entries in the station observed or otherwise known extin- log Provided: guishment or improper functioning of a (1) The recording devices do not af- tower light: fect the operation of circuits or accu- (A) The nature of such extinguish- racy of indicating instruments of the ment or improper functioning. equipment being recorded; (B) The date and time the extinguish- (2) The recording devices have an ac- ment or improper operation was ob- curacy equivalent to the accuracy of served or otherwise noted. the indicating instruments; (C) The date, time and nature of ad- (3) The calibration is checked against justments, repairs or replacements the original indicators as often as nec- made. essary to ensure recording accuracy; (ii) Any entries not specifically re- (4) In the event of failure or malfunc- quired in this section, but required by tioning of the automatic equipment, the instrument of authorization or the person designated by the licensee elsewhere in this part. as being responsible for the log small (iii) An entry of each test and activa- make the required entries in the log tion of the Emergency Alert System manually at that time; (EAS) pursuant to the requirement of (5) The indicating equipment con- part 11 of this chapter and the EAS Op- forms to the requirements of § 73.1215 erating Handbook. Stations may keep (Indicating instruments—specifica- EAS data in a special EAS log which tions) except that the scales need not shall be maintained at a convenient lo- exceed 5 cm (2 inches) in length. Arbi- cation; however, this log is considered trary scales may not be used. a part of the station log. (c) In preparing the station log, origi- (2) Directional AM stations without an nal data may be recorded in rough form FCC-approved antenna sampling system and later transcribed into the log. (See § 73.68). (i) An entry at the begin- [43 FR 45854, Oct. 4, 1978, as amended at 44 FR ning of operations in each mode of op- 58735, Oct. 11, 1979; 47 FR 24580, June 7, 1982; eration, and thereafter at intervals not 48 FR 38481, Aug. 24, 1983; 48 FR 44806, Sept. exceeding 3 hours, of the following (ac- 30, 1983; 49 FR 33603, Aug. 23, 1984; 58 FR 44951, tual readings observed prior to making Aug. 25, 1993; 59 FR 67102, Dec. 28, 1994; 60 FR any adjustments to the equipment and 55482, Nov. 1, 1995] an indication of any corrections to restore parameters to normal operating § 73.1835 Special technical records. values): The FCC may require a broadcast (A) Common point current. station licensee to keep operating and

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maintenance records as necessary to file as part of an application; or filed resolve conditions of actual or poten- with reports to the FCC must be repro- tial interference, rule violations, or de- duced in fullsize form when complying ficient technical operation. with these requirements. [48 FR 38482, Aug. 24, 1983] [45 FR 41151, June 18, 1980, as amended at 46 FR 13907, Feb. 24, 1981; 46 FR 18557, Mar. 25, § 73.1840 Retention of logs. 1981; 49 FR 33663, Aug. 24, 1984] (a) Any log required to be kept by § 73.1870 Chief operators. station licensees shall be retained by them for a period of 2 years. However, (a) The licensee of each AM, FM, TV logs involving communications inci- or Class A TV broadcast station must dent to a disaster or which include designate a person to serve as the sta- communications incident to or in- tion’s chief operator. At times when volved in an investigation by the FCC the chief operator is unavailable or un- and about which the licensee has been able to act (e.g., vacations, sickness), notified, shall be retained by the li- the licensee shall designate another censee until specifically authorized in person as the acting chief operator on writing by the FCC to destroy them. a temporary basis. Logs incident to or involved in any (b) Chief operators shall be employed claim or complaint of which the li- or serve on the following basis: censee has notice shall be retained by (1) The chief operator for an AM sta- the licensee until such claim or com- tion using a directional antenna or op- plaint has been fully satisfied or until erating with greater than 10 kW au- the same has been barred by statute thorized power, or of a TV station is to limiting the time for filing of suits be an employee of the station on duty upon such claims. for whatever number of hours each (b) Logs may be retained on micro- week the station licensee determines is film, microfiche or other data-storage necessary to keep the station’s tech- systems subject to the following condi- nical operation in compliance with tions: FCC rules and the terms of the station (1) Suitable viewing—reading devices authorization. shall be available to permit FCC in- (2) Chief operators for non-direc- spection of logs pursuant to § 73.1226, tional AM stations operating with au- availability to FCC of station logs and thorized powers not exceeding 10 kW records. and FM stations may be either an em- (2) Reproduction of logs, stored on ployee of the station or engaged to data-storage systems, to full-size cop- serve on a contract basis for whatever ies, is required of licensees if requested number of hours each week the licensee by the FCC or the public as authorized determines is necessary to keep the by FCC rules. Such reproductions must station’s technical operation in com- be completed within 2 full work days of pliance with the FCC rules and terms the time of the request. of the station authorization. (3) Corrections to logs shall be made: (3) The designation of the chief oper- (i) Prior to converting to a data-stor- ator must be in writing. Agreements age system pursuant to the require- with chief operators serving on a con- ments of § 73.1800 (c) and (d), (§ 73.1800, tract basis must be in writing with a General requirements relating to logs). copy kept in the station files. (ii) After converting to a data-stor- (c) The chief operator is responsible age system, by separately making such for completion of the following duties corrections and then associating with specified in this paragraph below. When the related data-stored logs. Such cor- these duties are delegated to other per- rections shall contain sufficient infor- sons, the chief operator shall maintain mation to allow those reviewing the supervisory oversight sufficient to logs to identify where corrections have know that each requirement has been been made, and when and by whom the fulfilled in a timely and correct man- corrections were made. ner. (4) Copies of any log required to be (1) Inspections and calibrations of the filed with any application; or placed in transmission system, required mon- the station’s local public inspection itors, metering and control systems;

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and any necessary repairs or adjust- write-in method and is eligible under ments where indicated. (See § 73.1580.) applicable law to be voted for by stick- (2) Periodic AM field monitoring er, by writing in his or her name on the point measurements, equipment per- ballot or by other method, and makes a formance measurements, or other tests substantial showing that he or she is a as specified in the rules or terms of the bona fide candidate for nomination or station license. office. (3) Review of the station records at (c) A person seeking election to the least once each week to determine if office of President or Vice President of required entries are being made cor- the United States shall, for the pur- rectly. Additionally, verification must poses of the Communications Act and be made that the station has been oper- the rules in 47 CFR chapter I, be con- ated as required by the rules or the sta- sidered legally qualified candidates tion authorization. Upon completion of only in those States or territories (or the review, the chief operator or his the District of Columbia) in which they designee must date and sign the log, have met the requirements set forth in initiate any corrective action which paragraphs (a) and (b) of this section: may be necessary, and advise the sta- Except, that any such person who has tion licensee of any condition which is repetitive. met the requirements set forth in para- (4) Any entries which may be re- graphs (a) and (b) of this section in at quired in the station records. (See least 10 States (or 9 and the District of § 73.1820.) Columbia) shall be considered a legally qualified candidate for election in all [46 FR 35463, July 8, 1981, as amended at 47 States, territories, and the District of FR 31580, July 21, 1982; 48 FR 38482, Aug. 24, Columbia for the purposes of this Act. 1983; 48 FR 44806, Sept. 30, 1983; 49 FR 20670, May 16, 1984; 49 FR 50048, Dec. 26, 1984; 50 FR (d) A person seeking nomination to 32416, Aug. 12, 1985; 60 FR 55482, Nov. 1, 1995; any public office, except that of Presi- 65 FR 30006, May 10, 2000; 84 FR 2758, Feb. 8, dent or Vice President of the United 2019] States, by means of a convention, caucus or similar procedure, shall be con- § 73.1940 Legally qualified candidates sidered a legally qualified candidate if, for public office. in addition to meeting the require- (a) A legally qualified candidate for ments set forth in paragraph (a) of this public office is any person who: section, that person makes a substan- (1) Has publicly announced his or her tial showing that he or she is a bona intention to run for nomination or of- fide candidate for such nomination: Ex- fice; cept, that no person shall be considered (2) Is qualified under the applicable a legally qualified candidate for nomi- local, State or Federal law to hold the nation by the means set forth in this office for which he or she is a can- paragraph prior to 90 days before the didate; and beginning of the convention, caucus or (3) Has met the qualifications set similar procedure in which he or she forth in either paragraph (b), (c), (d), or seeks nomination. (e) of this section. (b) A person seeking election to any (e) A person seeking nomination for public office including that of Presi- the office of President or Vice Presi- dent or Vice President of the United dent of the United States shall, for the States, or nomination for any public purposes of the Communications Act office except that of President or Vice and the rules thereunder, be considered President, by means of a primary, gen- a legally qualified candidate only in eral or special election, shall be consid- those States or territories (or the Dis- ered a legally qualified candidate if, in trict of Columbia) in which, in addition addition to meeting the criteria set to meeting the requirements set forth forth in paragraph (a) of this section, in paragraph (a) of this section: that person: (1) He or she, or proposed delegates (1) Has qualified for a place on the on his or her behalf, have qualified for ballot; or the primary or Presidential preference (2) Has publicly committed himself ballot in that State, territory or the or herself to seeking election by the District of Columbia; or

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(2) He or she has made a substantial (4) On-the-spot coverage of bona fide showing of a bona fide candidacy for news events (including, but not limited such nomination in that State, terri- to political conventions and activities tory or the District of Columbia; ex- incidental thereto) shall not be deemed cept, that any such person meeting the to be use of broadcasting station. (sec- requirements set forth in paragraphs tion 315(a) of the Communications (a)(1) and (2) of this section in at least Act.) 10 States (or 9 and the District of Co- (b) Uses. As used in this section and lumbia) shall be considered a legally § 73.1942, the term ‘‘use’’ means a can- qualified candidate for nomination in didate appearance (including by voice all States, territories and the District or picture) that is not exempt under of Columbia for purposes of this Act. paragraphs 73.1941 (a)(1) through (a)(4) (f) The term ‘‘substantial showing’’ of this section. of a bona fide candidacy as used in (c) Timing of request. A request for paragraphs (b), (d) and (e) of this sec- equal opportunities must be submitted tion means evidence that the person to the licensee within 1 week of the day claiming to be a candidate has engaged on which the first prior use giving rise to a substantial degree in activities to the right of equal opportunities oc- commonly associated with political curred: Provided, however, That where campaigning. Such activities normally the person was not a candidate at the would include making campaign time of such first prior use, he or she speeches, distributing campaign lit- shall submit his or her request within erature, issuing press releases, main- 1 week of the first subsequent use after taining a campaign committee, and es- he or she has become a legally quali- tablishing campaign headquarters fied candidate for the office in ques- (even though the headquarters in some tion. instances might be the residence of the (d) Burden of proof. A candidate re- candidate or his or her campaign man- questing equal opportunities of the li- ager). Not all of the listed activities censee or complaining of noncompli- are necessarily required in each case to ance to the Commission shall have the demonstrate a substantial showing, burden of proving that he or she and and there may be activities not listed his or her opponent are legally quali- herein which would contribute to such fied candidates for the same public of- a showing. fice. (e) Discrimination between candidates. [57 FR 27708, June 22, 1992] In making time available to candidates for public office, no licensee shall make § 73.1941 Equal opportunities. any discrimination between candidates (a) General requirements. Except as in practices, regulations, facilities, or otherwise indicated in § 73.1944, no sta- services for or in connection with the tion licensee is required to permit the service rendered pursuant to this part, use of its facilities by any legally or make or give any preference to any qualified candidate for public office, candidate for public office or subject but if any licensee shall permit any any such candidate to any prejudice or such candidate to use its facilities, it disadvantage; nor shall any licensee shall afford equal opportunities to all make any contract or other agreement other candidates for that office to use which shall have the effect of permit- such facilities. Such licensee shall have ting any legally qualified candidate for no power of censorship over the mate- any public office to broadcast to the rial broadcast by any such candidate. exclusion of other legally qualified Appearance by a legally qualified can- candidates for the same public office. didate on any: [57 FR 208, Jan. 3, 1992, as amended at 59 FR (1) Bona fide newscast; 14568, Mar. 29, 1994] (2) Bona fide news interview; (3) Bona fide news documentary (if § 73.1942 Candidate rates. the appearance of the candidate is inci- (a) Charges for use of stations. The dental to the presentation of the sub- charges, if any, made for the use of any ject or subjects covered by the news broadcasting station by any person documentary); or who is a legally qualified candidate for

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any public office in connection with his between such classes, fully disclose or her campaign for nomination for them, and make them available to can- election, or election, to such office didates. shall not exceed: (vi) Stations shall not establish a (1) During the 45 days preceding the separate, premium-period class of time date of a primary or primary runoff sold only to candidates. Stations may election and during the 60 days pre- sell higher-priced non-preemptible or ceding the date of a general or special fixed time to candidates if such a class election in which such person is a can- of time is made available on a bona fide didate, the lowest unit charge of the basis to both candidates and commer- station for the same class and amount cial advertisers, and provided such of time for the same period. class is not functionally equivalent to (i) A candidate shall be charged no any lower-priced class of time sold to more per unit than the station charges commercial advertisers. its most favored commercial adver- (vii) [Reserved] tisers for the same classes and amounts (viii) Lowest unit charge may be cal- of time for the same periods. Any sta- culated on a weekly basis with respect tion practices offered to commercial to time that is sold on a weekly basis, advertisers that enhance the value of such as rotations through particular advertising spots must be disclosed and programs or dayparts. Stations elect- made available to candidates on equal ing to calculate the lowest unit charge terms. Such practices include but are by such a method must include in that not limited to any discount privileges calculation all rates for all announce- that affect the value of advertising, ments scheduled in the rotation, in- such as bonus spots, time-sensitive cluding announcements aired under make goods, preemption priorities, or long-term advertising contracts. Sta- any other factors that enhance the tions may implement rate increases value of the announcement. during election periods only to the ex- (ii) The Commission recognizes non- tent that such increases constitute premptible, preemptible with notice, immediately preemptible and run-of- ‘‘ordinary business practices,’’ such as schedule as distinct classes of time. seasonal program changes or changes (iii) Stations may establish and de- in audience ratings. fine their own reasonable classes of im- (ix) Stations shall review their adver- mediately preemptible time so long as tising records periodically throughout the differences between such classes the election period to determine are based on one or more demonstrable whether compliance with this section benefits associated with each class and requires that candidates receive re- are not based solely upon price or iden- bates or credits. Where necessary, sta- tity of the advertiser. Such demon- tions shall issue such rebates or credits strable benefits include, but are not promptly. limited to, varying levels of preemp- (x) Unit rates charged as part of any tion protection, scheduling flexibility, package, whether individually nego- or associated privileges, such as guar- tiated or generally available to all ad- anteed time-sensitive make goods. Sta- vertisers, must be included in the low- tions may not use class distinctions to est unit charge calculation for the defeat the purpose of the lowest unit same class and length of time in the charge requirement. All classes must same time period. A candidate cannot be fully disclosed and made available be required to purchase advertising in to candidates. every program or daypart in a package (iv) Stations may establish reason- as a condition for obtaining package able classes of preemptible with notice unit rates. time so long as they clearly define all (xi) Stations are not required to in- such classes, fully disclose them and clude non-cash promotional merchan- make available to candidates. dising incentives in lowest unit charge (v) Stations may treat non- calculations; provided, however, that preemptible and fixed position as dis- all such incentives must be offered to tinct classes of time provided that sta- candidates as part of any purchases tions articulate clearly the differences permitted by the licensee. Bonus spots,

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however, must be included in the cal- (1) A description and definition of culation of the lowest unit charge cal- each class of time available to com- culation. mercial advertisers sufficiently com- (xii) Makes goods, defined as the re- plete to allow candidates to identify scheduling of preempted advertising, and understand what specific at- shall be provided to candidates prior to tributes differentiate each class; election day if a station has provided a (2) A description of the lowest unit time-sensitive make good during the charge and related privileges (such as year preceding the pre-election periods, priorities against preemption and perspectively set forth in paragraph make goods prior to specific deadlines) (a)(1) of this section, to any commer- for each class of time offered to com- cial advertiser who purchased time in mercial advertisers; the same class. (3) A description of the station’s (xiii) Stations must disclose and method of selling preemptible time make available to candidates any based upon advertiser demand, com- make good policies provided to commonly known as the ‘‘current selling mercial advertisers. If a station places level,’’ with the stipulation that can- a make good for any commercial adver- didates will be able to purchase at tiser or other candidate in a more valu- these demand-generated rates in the able program or daypart, the value of same manner as commercial adver- such make good must be included in tisers; the calculation of the lowest unit (4) An approximation of the likeli- charge for that program or daypart. hood of preemption for each kind of (2) At any time other than the re- preemptible time; and spective periods set forth in paragraph (5) An explanation of the station’s (a)(1) of this section, stations may sales practices, if any, that are based charge legally qualified candidates for on audience delivery, with the stipula- public office no more than the changes tion that candidates will be able to made for comparable use of the station purchase this kind of time, if available by commercial advertisers. The rates, to commercial advertisers. if any, charged all such candidates for (c) Once disclosure is made, stations the same office shall be uniform and shall negotiate in good faith to actu- shall not be rebated by any means, di- ally sell time to candidates in accord- rect or indirect. A candidate shall be ance with the disclosure. charged no more than the rate the sta- (d) This rule (§ 73.1942) shall not apply tion would charge for comparable com- to any station licensed for non-commercial advertising. All discount privi- mercial operation. leges otherwise offered by a station to commercial advertisers must be dis- [57 FR 209, Jan. 3, 1992, as amended at 57 FR closed and made available upon equal 27709, June 22, 1992] terms to all candidate for public office. (b) If a station permits a candidate to § 73.1943 Political file. use its facilities, the station shall (a) Every licensee shall keep and per- make all discount privileges offered to mit public inspection of a complete and commercial advertisers, including the orderly record (political file) of all re- lowest unit charges for each class and quests for broadcast time made by or length of time in the same time period, on behalf of a candidate for public of- and all corresponding discount privi- fice, together with an appropriate no- leges, available upon equal terms to all tation showing the disposition made by candidates. This duty includes an af- the licensee of such requests, and the firmative duty to disclose to can- charges made, if any, if the request is didates information about rates, terms granted. The ‘‘disposition’’ includes the conditions and all value-enhancing dis- schedule of time purchased, when spots count privileges offered to commercial actually aired, the rates charged, and advertisers. Stations may use reason- the classes of time purchased. able discretion in making the disclo- (b) When free time is provided for use sure; provided, however, that the dis- by or on behalf of candidates, a record closure includes, at a minimum, the of the free time provided shall be following information: placed in the political file.

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(c) All records required by this para- national broadcast stations (as defined graph shall be placed in the political in this part) to all qualified persons, file as soon as possible and shall be re- and no person shall be discriminated tained for a period of two years. As against in employment by such sta- soon as possible means immediately tions because of race, color, religion, absent unusual circumstances. national origin, or sex. Religious radio (d) Location of the file. A licensee or broadcasters may establish religious applicant must post all of the contents belief or affiliation as a job qualifica- added to its political file after the ef- tion for all station employees. How- fective date of this paragraph in the ever, they cannot discriminate on the political file component of its online basis of race, color, national origin or public file hosted by the Commission. gender from among those who share A station must retain in its political their religious affiliation or belief. For file maintained at the station, at the purposes of this rule, a religious broad- location specified in § 73.3526(b) or caster is a licensee which is, or is close- § 73.3527(b), all material required to be ly affiliated with, a church, synagogue, included in the political file and added or other religious entity, including a to the file prior to the effective date of subsidiary of such an entity. this paragraph, unless the station (b) General EEO program requirements. elects voluntarily to place these mate- Each broadcast station shall establish, rials in the Commission’s online public maintain, and carry out a positive con- file. The online political file must be tinuing program of specific practices updated in the same manner as para- designed to ensure equal opportunity graph (c) of this section. and nondiscrimination in every aspect of station employment policy and prac- [57 FR 210, Jan. 3, 1992, as amended at 77 FR 27655, May 11, 2012; 81 FR 10123, Feb. 29, 2016] tice. Under the terms of its program, a station shall: § 73.1944 Reasonable access. (1) Define the responsibility of each level of management to ensure vig- (a) Section 312(a)(7) of the Commu- orous enforcement of its policy of equal nications Act provides that the Com- opportunity, and establish a procedure mission may revoke any station license to review and control managerial and or construction permit for willful or re- supervisory performance; peated failure to allow reasonable ac- (2) Inform its employees and recog- cess to, or to permit purchase of, rea- nized employee organizations of the sonable amounts of time for the use of equal employment opportunity policy a broadcasting station by a legally and program and enlist their coopera- qualified candidate for Federal elective tion; office on behalf of his candidacy. (3) Communicate its equal employ- (b) Weekend access. For purposes of ment opportunity policy and program providing reasonable access, a licensee and its employment needs to sources of shall make its facilities available for qualified applicants without regard to use by federal candidates on the week- race, color, religion, national origin, or end before the election if the licensee sex, and solicit their recruitment as- has provided similar access to commer- sistance on a continuing basis; cial advertisers during the year pre- (4) Conduct a continuing program to ceding the relevant election period. Li- exclude all unlawful forms of prejudice censees shall not discriminate between or discrimination based upon race, candidates with regard to weekend ac- color, religion, national origin, or sex cess. from its personnel policies and prac- [57 FR 210, Jan. 3, 1992] tices and working conditions; and (5) Conduct a continuing review of § 73.2080 Equal employment opportu- job structure and employment prac- nities (EEO). tices and adopt positive recruitment, (a) General EEO policy. Equal oppor- job design, and other measures needed tunity in employment shall be afforded to ensure genuine equality of oppor- by all licensees or permittees of com- tunity to participate fully in all orga- mercially or noncommercially oper- nizational units, occupations, and lev- ated AM, FM, TV, Class A TV or inter- els of responsibility.

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(c) Specific EEO program requirements. (i) Participation in at least four job Under the terms of its program, a sta- fairs by station personnel who have tion employment unit must: substantial responsibility in the mak- (1) Recruit for every full-time job va- ing of hiring decisions; cancy in its operation. A job filled by (ii) Hosting of at least one job fair; an internal promotion is not consid- (iii) Co-sponsoring at least one job ered a vacancy for which recruitment fair with organizations in the business is necessary. Religious radio broad- and professional community whose casters who establish religious affili- membership includes substantial par- ation as a qualification for a job posi- ticipation of women and minorities; tion are not required to comply with (iv) Participation in at least four these recruitment requirements with events sponsored by organizations rep- respect to that job position or posi- resenting groups present in the com- tions, but will be expected to make rea- munity interested in broadcast em- sonable, good faith efforts to recruit ployment issues, including conven- applicants who are qualified based on tions, career days, workshops, and their religious affiliation. Nothing in similar activities; this section shall be interpreted to re- (v) Establishment of an internship quire a broadcaster to grant pref- program designed to assist members of erential treatment to any individual or the community to acquire skills need- group based on race, color, national or- ed for broadcast employment; igin, religion, or gender. (vi) Participation in job banks, Inter- (i) A station employment unit shall net programs, and other programs de- use recruitment sources for each va- signed to promote outreach generally cancy sufficient in its reasonable, good (i.e., that are not primarily directed to faith judgment to widely disseminate providing notification of specific job information concerning the vacancy. vacancies); (ii) In addition to such recruitment (vii) Participation in scholarship pro- sources, a station employment unit grams designed to assist students in- shall provide notification of each full- terested in pursuing a career in broad- time vacancy to any organization that casting; distributes information about employ- (viii) Establishment of training pro- ment opportunities to job seekers or grams designed to enable station per- refers job seekers to employers, upon sonnel to acquire skills that could request by such organization. To be en- qualify them for higher level positions; titled to notice of vacancies, the re- (ix) Establishment of a mentoring questing organization must provide the program for station personnel; station employment unit with its (x) Participation in at least four name, mailing address, e-mail address events or programs sponsored by edu- (if applicable), telephone number, and cational institutions relating to career contact person, and identify the cat- opportunities in broadcasting; egory or categories of vacancies of (xi) Sponsorship of at least two which it requests notice. (An organiza- events in the community designed to tion may request notice of all vacan- inform and educate members of the cies). public as to employment opportunities (2) Engage in at least four (if the sta- in broadcasting; tion employment unit has more than (xii) Listing of each upper-level cat- ten full-time employees and is not lo- egory opening in a job bank or news- cated in a smaller market) or two (if it letter of media trade groups whose has five to ten full-time employees and/ membership includes substantial par- or is located entirely in a smaller mar- ticipation of women and minorities; ket) of the following initiatives during (xiii) Provision of assistance to unaf- each two-year period beginning with filiated non-profit entities in the main- the date stations in the station em- tenance of web sites that provide coun- ployment unit are required to file re- seling on the process of searching for newal applications, or the second, broadcast employment and/or other ca- fourth or sixth anniversaries of that reer development assistance pertinent date. to broadcasting;

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(xiv) Provision of training to man- based on race, national origin, color, agement level personnel as to methods religion, or sex. of ensuring equal employment oppor- (5) Retain records to document that tunity and preventing discrimination; it has satisfied the requirements of (xv) Provision of training to per- paragraphs (c)(1) and (2) of this section. sonnel of unaffiliated non-profit orga- Such records, which may be main- nizations interested in broadcast em- tained in an electronic format, shall be ployment opportunities that would en- retained until after grant of the re- able them to better refer job can- newal application for the term during didates for broadcast positions; which the vacancy was filled or the ini- (xvi) Participation in other activities tiative occurred. Such records need not designed by the station employment be submitted to the FCC unless specifi- unit reasonably calculated to further cally requested. The following records the goal of disseminating information shall be maintained: as to employment opportunities in (i) Listings of all full-time job vacan- broadcasting to job candidates who cies filled by the station employment might otherwise be unaware of such op- unit, identified by job title; portunities. (ii) For each such vacancy, the re- (3) Analyze its recruitment program cruitment sources utilized to fill the on an ongoing basis to ensure that it is vacancy (including, if applicable, orga- effective in achieving broad outreach nizations entitled to notification pur- to potential applicants, and address suant to paragraph (c)(1)(ii) of this sec- any problems found as a result of its tion, which should be separately identi- analysis. fied), identified by name, address, con- (4) Periodically analyze measures tact person and telephone number; taken to: (iii) Dated copies of all advertisements, bulletins, letters, faxes, e- (i) Disseminate the station’s equal mails, or other communications an- employment opportunity program to nouncing vacancies; job applicants and employees; (iv) Documentation necessary to (ii) Review seniority practices to en- demonstrate performance of the initia- sure that such practices are non- tives required by paragraph (c)(2) of discriminatory; this section, including sufficient infor- (iii) Examine rates of pay and fringe mation to fully disclose the nature of benefits for employees having the same the initiative and the scope of the sta- duties, and eliminate any inequities tion’s participation, including the sta- based upon race, national origin, color, tion personnel involved; religion, or sex discrimination; (v) The total number of interviewees (iv) Utilize media for recruitment for each vacancy and the referral purposes in a manner that will contain source for each interviewee; and no indication, either explicit or im- (vi) The date each vacancy was filled plicit, of a preference for one race, na- and the recruitment source that re- tional origin, color, religion or sex over ferred the hiree. another; (6) Annually, on the anniversary of (v) Ensure that promotions to posi- the date a station is due to file its re- tions of greater responsibility are made newal application, the station shall in a nondiscriminatory manner; place in its public file, maintained pur- (vi) Where union agreements exist, suant to § 73.3526 or § 73.3527, and on its cooperate with the union or unions in web site, if it has one, an EEO public the development of programs to ensure file report containing the following in- all persons of equal opportunity for formation (although if any broadcast employment, irrespective of race, na- licensee acquires a station pursuant to tional origin, color, religion, or sex, FCC Form 314 or FCC Form 315 during and include an effective nondiscrimina- the twelve months covered by the EEO tion clause in new or renegotiated public file report, its EEO public file union agreements; and report shall cover the period starting (vii) Avoid the use of selection tech- with the date it acquired the station): niques or tests that have the effect of (i) A list of all full-time vacancies discriminating against any person filled by the station’s employment unit

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during the preceding year, identified by the station is due to file its application job title; for renewal of license. If a broadcast li- (ii) For each such vacancy, the re- censee acquires a station pursuant to cruitment source(s) utilized to fill the FCC Form 314 or FCC Form 315 during vacancy (including, if applicable, orga- the period that is to form the basis for nizations entitled to notification pur- the Form 396, information provided on suant to paragraph (c)(1)(ii) of this sec- its Form 396 should cover the licensee’s tion, which should be separately identi- EEO recruitment activity during the fied), identified by name, address, con- period starting with the date it ac- tact person and telephone number; quired the station. Stations are re- (iii) The recruitment source that required to maintain a copy of their ferred the hiree for each full-time va- Form 396 in the station’s public file in cancy during the preceding year; accordance with the provisions of (iv) Data reflecting the total number §§ 73.3526 and 73.3527. of persons interviewed for full-time va- (2) The Commission will conduct a cancies during the preceding year and mid-term review of the employment the total number of interviewees re- practices of each broadcast television ferred by each recruitment source uti- station that is part of an employment lized in connection with such vacan- unit of five or more full-time employ- cies; and ees and each radio station that is part (v) A list and brief description of ini- of an employment unit of eleven or tiatives undertaken pursuant to para- more full-time employees, four years graph (c)(2) of this section during the following the station’s most recent li- preceding year. cense expiration date as specified in (d) Small station exemption. The provi- § 73.1020. If a broadcast licensee ac- sions of paragraphs (b) and (c) of this quires a station pursuant to FCC Form section shall not apply to station em- 314 or FCC Form 315 during the period ployment units that have fewer than that is to form the basis for the mid- five full-time employees. term review, that review will cover the (e) Definitions. For the purposes of licensee’s EEO recruitment activity this rule: during the period starting with the (1) A full-time employee is a permanent date it acquired the station. employee whose regular work schedule (3) If a station is subject to a time is 30 hours per week or more. brokerage agreement, the licensee (2) A station employment unit is a sta- shall file Forms 396, Forms 397, and tion or a group of commonly owned EEO public file reports concerning only stations in the same market that share its own recruitment activity. If a li- at least one employee. censee is a broker of another station or (3) A smaller market includes metro- stations, the licensee-broker shall in- politan areas as defined by the Office of clude its recruitment activity for the Management and Budget with a popu- brokered station(s) in determining the lation of fewer than 250,000 persons and bases of Forms 396, Forms 397 and the areas outside of all metropolitan areas EEO public file reports for its own sta- as defined by the Office of Management tion. If a licensee-broker owns more and Budget. than one station, it shall include its re- (f) Enforcement. The following provi- cruitment activity for the brokered sions apply to employment activity station in the Forms 396, Forms 397, concerning full-time positions at each and EEO public file reports filed for its broadcast station employment unit own station that is most closely affili- (defined in this part) employing five or ated with, and in the same market as, more persons in full-time positions, ex- the brokered station. If a licensee- cept where noted. broker does not own a station in the (1) All broadcast stations, including same market as the brokered station, those that are part of an employment then it shall include its recruitment unit with fewer than five full-time em- activity for the brokered station in the ployees, shall file a Broadcast Equal Forms 396, Forms 397, and EEO public Employment Opportunity Program Re- file reports filed for its own station port (Form 396) with their renewal ap- that is geographically closest to the plication. Form 396 is filed on the date brokered station.

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(4) Broadcast stations subject to this Form num- Title section shall maintain records of their ber recruitment activity necessary to dem- 175 ...... Application to Participate in an FCC Auction onstrate that they are in compliance 301 ...... Application for Authority to Construct or Make with the EEO rule. Stations shall en- Changes in a Commercial Broadcast Station. sure that they maintain records suffi- 301–A ...... Application for Authority to Operate a Broadcast Station by Remote Control or to Make cient to verify the accuracy of infor- Changes in a Remote Control Authorization. mation provided in Forms 396, Forms 302–AM ... Application for AM Broadcast Station License. 397, and EEO public file reports. To de- 302–CA .... Application for Class A Television Broadcasting Station Construction Permit or License. termine compliance with the EEO rule, 302–FM .... Application for FM Broadcast Station License. the Commission may conduct inquiries 302–TV .... Application for Television Broadcast Station Li- of licensees at random or if it has evi- cense. dence of a possible violation of the 303–S Ap- plication EEO rule. In addition, the Commission for Re- will conduct random audits. Specifi- newal of cally, each year approximately five License percent of all licensees in the tele- for AM, FM, TV, vision and radio services will be ran- Trans- domly selected for audit, ensuring lator, or that, even though the number of radio LPTV Station. licensees is significantly larger than 307 ...... Application for Extension of Broadcast Con- television licensees, both services are struction Permit or to Replace Expired Con- represented in the audit process. Upon struction Permit. request, stations shall make records 308 ...... Application for Permit to Deliver Programs to Foreign Broadcast Stations. available to the Commission for its re- 309 ...... Application for Authority to Construct or Make view. Changes in an International or Experimental (5) The public may file complaints Broadcast Station. 310 ...... Application for an International or Experimental throughout the license term based on a Broadcast Station License. station’s Form 397 or the contents of a 311 ...... Application for Renewal of an International or station’s public file. Provisions con- Experimental Broadcast Station License. cerning filing, withdrawing, or non-fil- 314 ...... Application for Consent to Assignment of Broad- cast Station Construction Permit or License. ing of informal objections or petitions 315 ...... Application for Consent to Transfer of Control of to deny license renewal, assignment, or Corporation Holding Broadcast Station Con- transfer applications are delineated in struction Permit or License. §§ 73.3584 and 73.3587–3589 of the Com- 316 ...... Application for Consent to Assignment of Broad- cast Station Construction Permit or License or mission’s rules. Transfer of Control of Corporation Holding (g) Sanctions and remedies. The Com- Broadcast Station Construction Permit or Li- mission may issue appropriate sanc- cense. 323 ...... Ownership Report. tions and remedies for any violation of 323–E ...... Ownership Report for Noncommercial Edu- this rule. cational Broadcast Station. 340 ...... Application for Authority to Construct or Make [68 FR 689, Jan. 7, 2003, as amended at 84 FR Changes in a Noncommercial Educational 21723, May 15, 2019] Broadcast Station. 345 ...... Application for Consent to Assignment of a TV § 73.2090 Ban on discrimination in or FM Translator Station Construction Permit broadcast transactions. or License. 346 ...... Application for Authority to Construct or Make No qualified person or entity shall be Changes in a Low Power TV, TV Translator discriminated against on the basis of or TV Booster Station. race, color, religion, national origin or 347 ...... Application for a Low Power TV, TV Translator or TV Booster Station License. sex in the sale of commercially oper- 349 ...... Application for Authority to Construct or Make ated AM, FM, TV, Class A TV or inter- Changes in an FM Translator or FM Booster national broadcast stations (as defined Station. 350 ...... Application for an FM Translator or FM Booster in this part). Station License. [73 FR 28369, May 16, 2008] 395–B ...... Annual Employment Report and instructions. 396 ...... Broadcast Equal Employment Opportunity Pro- gram Report. § 73.3500 Application and report forms. 396–A ...... Broadcast Equal Employment Opportunity (a) Following are the FCC broadcast Model Program Report. 398 ...... Children’s Television Programming Report. application and report forms, listed by 601 ...... FCC Application for Wireless Telecommuni- number. cations Bureau Radio Service Authorization.

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Form num- § 73.3513 Signing of applications. ber Title (a) Applications, amendments there- 603 ...... FCC Wireless Telecommunications Bureau Ap- to, and related statements of fact re- plication for Assignments of Authorization and Transfers of Control. quired by the FCC must be signed by the following persons: (b) Following are the FCC broadcast (1) Individual Applicant. The appli- application and report forms, listed by cant, if the applicant is an individual. number, that must be filed electroni- (2) Partnership. One of the partners, if cally in accordance with the filing in- the applicant is a partnership. structions set forth in the application (3) Corporation. An officer, if the ap- and report form. plicant is a corporation. (1) Form 398, in electronic form as of (4) Unincorporated Association. A January 10, 1999. member who is an officer, if the appli- [44 FR 38486, July 2, 1979] cant is an unincorporated association. (5) Governmental Entity. Such duly EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.3500, see the List of CFR elected or appointed officials as may be Sections Affected, which appears in the competent to do so under the law of Finding Aids section of the printed volume the applicable jurisdiction, if the appli- and at www.govinfo.gov. cant is an eligible governmental entity, such as a State or Territory of the § 73.3511 Applications required. United States and political subdivi- (a) Formal application means any re- sions thereof, the District of Columbia, quest for authorization where an FCC and a unit of local government, includ- form for such request is prescribed. The ing an unincorporated municipality. prescription of an FCC form includes (b) Applications, amendments there- the requirement that the proper edi- to, and related statements of fact re- tion of the form is used. Formal appli- quired by the FCC may be signed by cations on obsolete forms are subject the applicant’s attorney in case of the to the provisions of § 73.3564 concerning applicant’s physical disability or of his acceptance of applications and § 73.3566 absence from the United States. The concerning defective applications. attorney shall in that event separately (b) Informal application1 means all set forth the reason why the applica- other written requests for authorization is not signed by the applicant. In tion. All such applications should con- addition, if any matter is stated on the tain a caption clearly indicating the basis of the attorney’s belief only nature of the request submitted there- (rather than his knowledge), he shall in. separately set forth his reasons for be- (c) Formal and informal applications lieving that such statements are true. must comply with the requirements as (c) Facsimile signatures are accept- to signing specified herein and in able. Only the original of applications, § 73.3513. amendments, or related statements of [44 FR 38486, July 2, 1979, as amended at 47 fact, need be signed; copies may be con- FR 40172, Sept. 13, 1982] formed. (d) Applications, amendments, and § 73.3512 Where to file; number of cop- related statements of fact need not be ies. submitted under oath. Willful false All applications for authorizations statements made therein however, will required by § 73.3511 shall be filed at the be considered a violation of § 73.1015, FCC in Washington, DC (Applications are also punishable by fine and impris- requiring fees as set forth at part 1, onment, U.S. Code, Title 18, section subpart G of this chapter must be filed 1001, and by appropriate adminstrative in accordance with § 0.401(b) of the sanctions including revocation of sta- rules.) The number of copies required tion license pursuant to section for each application is set forth in the 312(a)(i) of the Communications Act. FCC Form which is to be used in filing such application. [44 FR 38487, July 2, 1979, as amended at 51 FR 3069, Jan. 23, 1986; 64 FR 56978, Oct. 22, [52 FR 10231, Mar. 31, 1987] 1999]

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§ 73.3514 Content of applications. unless the application for renewal of li- (a) Each application shall include all cense is filed on or before May 1, 1995 information called for by the par- and unless the mutually exclusive con- ticular form on which the application struction permit application is ten- is required to be filed, unless the infor- dered for filing by the end of the first mation called for is inapplicable, in day of the last full calendar month of which case this fact shall be indicated. the expiring license term. A petition to (b) The FCC may require an applicant deny an application for renewal of li- to submit such documents and written cense of an existing broadcast station statements of fact as in its judgment will be considered as timely filed if it may be necessary. The FCC may also, is tendered for filing by the end of the upon its own motion or upon motion of first day of the last full calendar any party to a proceeding, order the month of the expiring license term. (1) If the license renewal application applicant to amend the application so is not timely filed as prescribed in as to make it more definite and cer- § 73.3539, the deadline for filing peti- tain. tions to deny thereto is the 90th day [44 FR 38487, July 2, 1979] after the FCC gives public notice that it has accepted the late-filed renewal § 73.3516 Specification of facilities. application for filing. In the case of a (a) An application for facilities in the renewal application filed on or before AM, FM, TV or Class A TV broadcast May 1, 1995, if the license renewal ap- services, or low power TV service shall plication is not timely filed as pre- be limited to one frequency, or chan- scribed in § 73.3539, the deadline for fil- nel, and no application will be accepted ing applications mutually exclusive for filing if it requests an alternate fre- therewith is the 90th day after the FCC quency or channel. Applications speci- gives public notice that it has accepted fying split frequency AM operations the late-filed renewal application for using one frequency during daytime filing. hours complemented by a different fre- (2) If any deadline falls on a nonbusi- quency during nighttime hours will not ness day, the cutoff shall be the close be accepted for filing. of business of the first full business day (b) An application for facilities in the thereafter. experimental and auxiliary broadcast (3) The dates when the licenses of all services may request the assignment of broadcast and broadcast auxiliary serv- more than one frequency if consistent ices regularly expire are listed in with applicable rules in Part 74. Such §§ 73.733, 73.1020 and 74.15. applications must specify the fre- [44 FR 38487, July 2, 1979, as amended at 47 quency or frequencies requested and FR 21494, May 18, 1982; 49 FR 47843, Dec. 7, may not request alternate frequencies. 1984; 51 FR 44071, Dec. 8, 1986; 56 FR 64873, (c) An application for a construction Dec. 12, 1991; 61 FR 18291, Apr. 25, 1996; 65 FR permit for a new broadcast station, the 30006, May 10, 2000] facilities for which are specified in an outstanding construction permit or li- § 73.3517 Contingent applications. cense, will not be accepted for filing. Contingent applications for new sta- (d) An application for facilities in the tions and for changes in facilities of ex- International broadcast service may be isting stations are not acceptable for filed without a request for specific fre- filing. Contingent applications will be quency, as the FCC will assign fre- accepted for filing under circumstances quencies from time to time in accord- described below: ance with §§ 73.702 and 73.711. (a) Upon filing of an application for (e) An application for construction the assignment of a license or con- permit for a new broadcast station or struction permit, or for a transfer of for modification of construction permit control of a licensee or permittee, the or license of a previously authorized proposed assignee or transferee may, broadcast station will not be accepted upon payment of the processing fee for filing if it is mutually exclusive prescribed in Subpart G, Part 1 of this with an application for renewal of li- chapter, file applications in its own cense of an existing broadcast station name for authorization to make

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changes in the facilities to be assigned lated applications, and must include a or transferred contingent upon ap- copy of the agreement to undertake proval and consummation of the as- the coordinated facility modifications. signment or transfer. Any application All applications must be filed on the filed pursuant to this paragraph must same date. Any coordinated facility be accompanied by a written statement modification filing that proposes the from the existing licensee which spe- cancellation of a community’s sole cifically grants permission to the as- noncommercial educational FM station signee or permittee to file such appli- license also must include a public in- cation. The processing fee will not be terest justification. Dismissal of any refundable should the assignment or one of the related applications as unac- transfer not be approved. The existing ceptable will result in the dismissal of licensee or permittee may also file a all the related applications. contingent application in its own NOTE 1: No application to move to a fre- name, but fees in such cases also not quency in the 1605–1705 kHz band may be part refundable. of any package of contingent applications (b) Whenever the FCC determines associated with a voluntary agreement. that processing of any application filed NOTE 2: In cases where no modified pro- pursuant to paragraph (a) of this sec- posal is filed pursuant to paragraph (d) of tion, would be contrary to sound ad- this section, the Commission will grant the ministrative practice or would impose application resulting in the greatest net in- an unwarranted burden on its staff and terference reduction. resources, the FCC may defer proc- [44 FR 38487, July 2, 1979, as amended at 45 essing of such application until the as- FR 41152, June 18, 1980; 52 FR 5294, Feb. 20, signment or transfer has been granted 1987; 53 FR 36787, Sept. 22, 1988; 56 FR 64873, Dec. 12, 1991; 64 FR 19501, Apr. 21, 1999] and consummated. (c) Upon payment of the filing fees § 73.3518 Inconsistent or conflicting prescribed in § 1.1111 of this chapter, applications. the Commission will accept two or While an application is pending and more applications filed by existing AM undecided, no subsequent inconsistent licensees for modification of facilities or conflicting application may be filed that are contingent upon granting of by or on behalf of or for the benefit of both, if granting such contingent appli- the same applicant, successor or as- cations will reduce interference to one signee. or more AM stations or will otherwise increase the area of interference-free [44 FR 38487, July 2, 1979] service. The applications must state that they are filed pursuant to an in- § 73.3519 Repetitious applications. terference reduction arrangement and (a) Where the FCC has denied an ap- must cross-reference all other contin- plication for a new station or for any gent applications. modification of services or facilities, or (d) Modified proposals curing con- dismissed such application with preju- flicts between mutually exclusive clus- dice, no like application involving ters of applications filed in accordance service of the same kind for substan- with paragraphs (c) of this section will tially the same area by substantially be accepted for 60 days following the same applicant, or his successor or issuance of a public notice identifying assignee, or on behalf or for the benefit such conflicts. of the original parties in interest, may (e) The Commission will accept up to be filed within 12 months from the ef- four contingently related applications fective date of the FCC’s action. How- filed by FM licensees and/or permittees ever, applicants whose applications for minor modification of facilities. have been denied in a comparative Two applications are related if the hearing may apply immediately for an- grant of one is necessary to permit the other available facility. grant of the second application. Each (b) Where an appeal has been taken application must state that it is filed from the action of the FCC in denying as part of a related group of applica- a particular application, another appli- tions to make changes in facilities, cation for the same class of broadcast must cross-reference each of the re- station and for the same area, in whole

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or in part, filed by the same applicant, ter will be issued affording the appli- or his successor or assignee, or on be- cant an opportunity to correct the de- half of, or for the benefit of the origi- fect, omission or inconsistency. nal parties in interest, will not be con- Amendments may be filed pursuant to sidered until final disposition of such the deficiency letter curing any defect, appeal. omission or inconsistency identified by [44 FR 38488, July 2, 1979] the Commission, or to make minor modifications to the application, or § 73.3520 Multiple applications. pursuant to § 1.65. Such amendments Where there is one application for should be filed in accordance with new or additional facilities pending, no § 73.3513. If a petition to deny has been other application for new or additional filed, the amendment shall be served facilities for a station of the same class on the petitioner. to serve the same community may be (3) Subject to the provisions of filed by the same applicant, or suc- §§ 73.3571, 73.3572 and 73.3573, defi- cessor or assignee, or on behalf of, or ciencies, omissions or inconsistencies for the benefit of the original parties in in long-form applications may not be interest. Multiple applications may not cured by major amendment. The filing be filed simultaneously. of major amendments to long-form applications is not permitted. An applica- [44 FR 38488, July 2, 1979] tion will be considered to be newly § 73.3521 Mutually exclusive applica- filed if it is amended by a major tions for low power television, tele- amendment. vision translators and television (4) Paragraph (a) of this section is booster stations. not applicable to applications for When there is a pending application minor modifications of facilities in the for a new low power television, tele- non-reserved FM broadcast service, nor vision translator, or television booster to any application for a reserved band station, or for major changes in an ex- FM station. isting station, no other application (b) Reserved Channel FM and reserved which would be directly mutually ex- noncommercial educational television sta- clusive with the pending application tions. Applications may be amended may be filed by the same applicant or after Public Notice announcing a pe- by any applicant in which any indi- riod for filing amendments. Amend- vidual in common with the pending ap- ments, when applicable, are subject to plication has any interest, direct or in- the provisions of §§ 73.3514, 73.3525, direct, except that interests or less 73.3572, 73.3573, 73.3580, and § 1.65 of this than 1% will not be considered. chapter. Unauthorized or untimely [52 FR 31400, Aug. 20, 1987] amendments are subject to return by the FCC’s staff without consideration. § 73.3522 Amendment of applications. Amendments will be accepted as de- (a) Broadcast services subject to com- scribed below and otherwise will only petitive bidding. (1) Applicants in all be considered upon a showing of good broadcast services subject to competi- cause for late filing or pursuant to tive bidding will be subject to the pro- § 1.65 of this chapter or § 73.3514: visions of §§ 73.5002 and 1.2105(b) regard- (1) A § 73.7002 Selectee. A Public No- ing the modification of their short- tice will announce that the application form applications. of a § 73.7002 Selectee (selected based on (2) Subject to the provision of fair distribution) has been found ac- § 73.5005, if it is determined that a long ceptable for filing. If any Selectee’s ap- form application submitted by a win- plication is determined unacceptable ning bidder or a non-mutually exclu- the application will be returned and sive applicant for a new station or a the Selectee will be provided one op- major change in an existing station in portunity for curative amendment by all broadcast services subject to com- filing a petition for reconsideration repetitive bidding is substantially com- questing reinstatement of the applica- plete, but contains any defect, omis- tion. All amendments filed in accord- sion, or inconsistency, a deficiency let- ance with this paragraph must be

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minor and must not alter the § 73.7002 the staff. [For minimum filing require- preference. ments see § 73.3564(a). Examples of ten- (2) A § 73.7003 Tentative Selectee. A der defects appear at 50 FR 19936 at Public Notice will announce that the 19945–46 (May 13, 1985), reprinted as Ap- application of a § 73.7003 Tentative Se- pendix D, Report and Order, MM Dock- lectee (selected through a point sys- et No. 91–347, 7 FCC Rcd 5074, 5083–88 tem) has been found acceptable for fil- (1992). For examples of acceptance de- ing. If any Tentative Selectee’s appli- fects, see 49 FR 47331.] Prior to the end cation is determined unacceptable the of the period specified in the deficiency application will be returned and the letter, a submission seeking to correct Tentative Selectee will be provided one a tender and/or acceptance defect in an opportunity for curative amendment application meeting minimum filing by filing a petition for reconsideration requirements will be treated as an requesting reinstatement of the appli- amendment for good cause if it would cation. All amendments filed in accord- successfully and directly correct the ance with this paragraph must be defect. Other amendments submitted minor and must claim the same num- prior to grant will be considered only ber of qualitative points as originally upon a showing of good cause for late claimed, or more points than claimed filing or pursuant to § 1.65 or § 73.3514. by the applicant with the next highest (3) Unauthorized or untimely amend- point total. ments are subject to return by the (3) A Public Notice will identify all Commission without consideration. other reserved channel applications, However, an amendment to a non-re- such as non-mutually exclusive appli- served band application will not be ac- cations and the sole remaining applica- cepted if the effect of such amendment tion after a settlement among mutu- is to alter the proposed facility’s cov- ally exclusive applications. If any such erage area so as to produce a conflict application is determined unacceptable with an applicant who files subsequent the application will be returned and to the initial applicant but prior to the the applicant will be provided one op- amendment application. Similarly, an portunity for curative amendment by applicant subject to ‘‘first come/first filing a petition for reconsideration reserve’’ processing will not be permitted questing reinstatement of the applica- to amend its application and retain fil- tion. All amendments filed in according priority if the result of such ance with this paragraph must be amendment is to alter the facility’s minor. coverage area so as to produce a con- (c) Minor modifications of facilities flict with an applicant which files sub- in the non-reserved FM broadcast serv- sequent to the initial applicant but ice. prior to the amendment. (1) Subject to the provisions of §§ 73.3525, 73.3573, and 73.3580, for a pe- NOTE 1 TO § 73.3522: When two or more riod of 30 days following the FCC’s broadcast applications are tendered for filing issuance of a Public Notice announcing which are mutually exclusive with each other but not in conflict with any previously the tender of an application for minor filed applications which have been accepted modification of a non-reserved band for filing, the FCC, where appropriate, will FM station, (other than Class D sta- announce acceptance of the earliest tendered tions), minor amendments may be filed application and place the later filed applica- as a matter of right. tion or applications on a subsequent public (2) For applications received on or notice of acceptance for filing in order to es- after August 7, 1992, an applicant whose tablish a deadline for the filing of amend- application is found to meet minimum ments as a matter of right for all applicants in the group. filing requirements, but nevertheless is not complete and acceptable, shall [63 FR 48623, Sept. 11, 1998, as amended at 65 have the opportunity during the period FR 36378, June 8, 2000] specified in the FCC staff’s deficiency letter to correct all deficiencies in the § 73.3523 Dismissal of applications in tenderability and acceptability of the renewal proceedings. underlying application, including any (a) An applicant for construction per- deficiency not specifically identified by mit, that has filed an application that

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is mutually exclusive with an applica- (1) A certification that neither the tion for renewal of a license of an AM, applicant nor its principals has re- FM or television station (hereinafter ceived or will receive any money or competing applicant’’) filed on or be- other consideration in excess of the le- fore May 1, 1995, and seeks to dismiss gitimate and prudent expenses of the or withdraw its application and there- applicant; by remove a conflict between applica- (2) The exact nature and amount of tions pending before the Commission, any consideration paid or promised; must obtain the approval of the Com- (3) An itemized accounting of the ex- mission. penses for which it seeks reimburse- (b) If a competing applicant seeks to ment; dismiss or withdraw its application (4) A statement that its application prior to the Initial Decision stage of was not filed for the purpose of reach- the hearing on its application, it must ing or carrying out an agreement with submit to the Commission a request for any other applicant regarding the dis- approval of the dismissal or withdrawal missal or withdrawal of its application; of its application, a copy of any writ- and ten agreement related to the dismissal (5) The terms of any oral agreement or withdrawal of its application, and an relating to the dismissal or withdrawal affidavit setting forth: of its application. (1) A certification that neither the In addition, within 5 days of the appli- applicant nor its principals has re- cant’s request for approval, each received or will receive any money or maining party to any written or oral other consideration in exchange for agreement must submit an affidavit dismissing or withdrawing its applica- setting forth: tion; (6) A certification that neither the (2) A statement that its application applicant nor its principals has paid or was not filed for the purpose of reach- will pay money or other consideration ing or carrying out an agreement with in excess of the legitimate and prudent any other applicant regarding the dis- expenses of the withdrawing applicant missal or withdrawal of its application; in exchange for the dismissal or with- and drawal of the application; and (3) The terms of any oral agreement (7) The terms of any oral agreement relating to the dismissal or withdrawal relating the dismissal or withdrawal of of its application. the application. (d) For the purpose of this section: In addition, within 5 days of the appli- (1) Affidavits filed pursuant to this cant’s request for approval, each re- section shall be executed by the appli- maining competing applicant and the cant, permittee or licensee, if an indi- renewal applicant must submit an affi- vidual; a partner having personal davit setting forth: knowledge of the facts, if a partner- (4) A certification that neither the ship; or an officer having personal applicant nor its principals has paid or knowledge of the facts, if a corporation will pay any money or other consider- or association. ation in exchange for the dismissal or (2) An application shall be deemed to withdrawal of the application; and be pending before the Commission from (5) The terms of any oral agreement the time an application is filed with relating to the dismissal or withdrawal Commission until an order of the Com- of the application. mission granting or denying the appli- (c) If a competing applicant seeks to cation is no longer subject to reconsid- dismiss or withdraw its application eration by the Commission or to review after the Initial Decision stage of the by any court. hearing on its application, it must sub- (3) ‘‘Legitimate and prudent ex- mit to the Commission a request for penses’’ are those expenses reasonably approval of the dismissal or withdrawal incurred by an applicant in preparing, of its application, a copy of the any filing, and prosecuting its application. written agreement related to the dis- (4) ‘‘Other consideration’’ consists of missal or withdrawal, and an affidavit financial concessions, including but setting forth: not limited to the transfer of assets or

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the provision of tangible pecuniary pursuant to § 73.3568) of the only appli- benefit, as well as nonfinancial conces- cation or applications seeking the sions that confer any type of benefit on same facilities for one of the commu- the recipient. nities involved, all parties thereto [54 FR 22598, May 25, 1989, as amended at 61 shall file the joint request and affida- FR 18291, Apr. 25, 1996] vits specified in paragraph (a) of this section. § 73.3525 Agreements for removing ap- (1) If upon examination of the pro- plication conflicts. posed agreement the FCC finds that (a) Except as provided in § 73.3523 re- withdrawal of one of the applications garding dismissal of applications in would unduly impede achievement of a comparative renewal proceedings, fair, efficient and equitable distribu- whenever applicants for a construction tion of radio servce among the several permit for a broadcast station enter States and communities, then the FCC into an agreement to procure the re- shall order that further opportunity be moval of a conflict between applica- afforded for other persons to apply for tions pending before the FCC by with- the facilities specified in the applica- drawal or amendment of an application tion or applications to be withdrawn or by its dismissal pursuant to § 73.3568, before acting upon the pending request all parties thereto shall, within 5 days for approval of the agreement. after entering into the agreement, file with the FCC a joint request for ap- (2) Upon release of such order, any proval of such agreement. The joint re- party proposing to withdraw its appli- quest shall be accompanied by a copy cation shall cause to be published a no- of the agreement, including any ancil- tice of such proposed withdrawal at lary agreements, and an affidavit of least twice a week for 2 consecutive each party to the agreement setting weeks within the 3-week period imme- forth: diately following release of the FCC’s (1) The reasons why it is considered order, in a daily newspaper of general that such agreement is in the public in- circulation published in the commu- terest; nity in which it was proposed to locate (2) A statement that its application the station. However, if there is no was not filed for the purpose of reach- such daily newspaper published in the ing or carrying out such agreement; community, the notice shall be pub- (3) A certification that neither the lished as follows: applicant nor its principals has re- (i) If one or more weekly newspapers ceived any money or other consider- of general circulation are published in ation in excess of the legitimate and the community in which the station prudent expenses of the applicant; Pro- was proposed to be located, notice shall vided That this provision shall not be published in such a weekly news- apply to bona fide merger agreements; paper once a week for 3 consecutive (4) The exact nature and amount of weeks within the 4-week period imme- any consideration paid or promised; diately following the release of the (5) An itemized accounting of the ex- FCC’s order. penses for which it seeks reimbursement; and (ii) If no weekly newspaper of general (6) The terms of any oral agreement circulation is published in the commu- relating to the dismissal or withdrawal nity in which the station was proposed of its application. to be located, notice shall be published (b) Whenever two or more conflicting at least twice a week for 2 consecutive applications for construction permits weeks within the 3-week period imme- for broadcast stations pending before diately following the release of the the FCC involve a determination of FCC’s order in the daily newspaper fair, efficient and equitable distribu- having the greatest general circulation tion of service pursuant to section in the community in which the station 307(b) of the Communications Act, and was proposed to be located. an agreement is made to procure the (3) The notice shall state the name of withdrawal (by amendment to specify a the applicant; the location, frequency different community or by dismissal and power of the facilities proposed in

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the application; the location of the sta- application will be entitled to consoli- tion or stations proposed in the appli- dation in the proceeding. cations with which it is in conflict; the (c) Except where a joint request is fact that the applicant proposes to filed pursuant to paragraph (a) of this withdraw the application; and the date section, any applicant filing an amend- upon which the last day of publication ment pursuant to § 73.3522 (b)(1) and (c), shall take place. or a request for dismissal pursuant to (4) Such notice shall additionally in- § 73.3568 (b)(1) and (c), which would re- clude a statement that new applica- move a conflict with another pending tions for a broadcast station on the application; or a petition for leave to same frequency, in the same commu- amend pursuant to § 73.3522(b)(2) which nity, with substantially the same engi- would permit a grant of the amended neering characteristics and proposing application or an application pre- to serve substantially the same service viously in conflict with the amended area as the application sought to be application; or a request for dismissal withdrawn, timely filed pursuant to pursuant to § 73.3568(b)(2), shall file the FCC’s rules, or filed, in any event, with it an affidavit as to whether or within 30 days from the last date of not consideration (including an agree- publication of the notice (notwith- ment for merger of interests) has been standing any provisions normally re- promised to or received by such appli- quiring earlier filing of a competing cant, directly or indirectly, in connec- application), will be entitled to com- tion with the amendment, petition or parative consideration with other request. pending mutually exclusive affidavits. (d) Upon the filing of a petition for (5) Within 7 days of the last day of leave to amend or to dismiss an appli- publication of the notice, the applicant cation for broadcast facilities which proposing to withdraw shall file a has been designated for hearing or statement in triplicate with the FCC upon the dismissal of such application giving the dates on which the notice on the FCC’s own motion pursuant to was published, the text of the notice § 73.3568, each applicant or party re- and the name and location of the news- maining in hearing, as to whom a con- paper in which the notice was pub- flict would be removed by the amend- lished. ment or dismissal shall submit for in- (6) Where the FCC orders that further clusion in the record of that proceeding opportunity be afforded for other per- an affidavit stating whether or not he sons to apply for the facilities sought has directly or indirectly paid or prom- to be withdrawn, no application of any ised consideration (including an agree- party to the agreement will be acted ment for merger of interests) in con- upon by the FCC less than 30 days from nection with the removal of such con- the last day of publication of the no- flict. tice specified in paragraph (b)(2) of this (e) Where an affidavit filed pursuant section. Any applications for a broad- to paragraph (c) of this section states cast station on the same frequency in that consideration has been paid or the same community, with substan- promised, the affidavit shall set forth tially the same engineering character- in full all relevant facts, including, but istics and proposing to serve substan- not limited to, the material listed in tially the same service area as the ap- paragraph (a) of this section for inclu- plication sought to be withdrawn, filed sions in affidavits. within the 30-day period following the (f) Affidavits filed pursuant to this last date of publication of the notice section shall be executed by the appli- (notwithstanding any provisions nor- cant, permittee or licensee, if an indi- mally requiring earlier filing of a com- vidual; a partner having personal peting application), or otherwise time- knowledge of the facts, if a partner- ly filed, will be entitled to comparative ship; or an officer having personal consideration with other pending mu- knowledge of the facts, if a corporation tually exclusive applications. If the ap- or association. plication of any party to which the new (g) Requests and affidavits which re- application may be in conflict has been late to an application which has not designated for hearing, any such new been designated for hearing shall bear

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the file number of such application. If § 73.3526 Local public inspection file of the affiant is also an applicant, the af- commercial stations. fidavit shall also bear the file number (a) Responsibility to maintain a file. of affiant’s pending application(s). Re- The following shall maintain for public quests and affidavits which relate to an inspection a file containing the mate- application which is designated for rial set forth in this section. hearing shall bear the file number of (1) Applicants for a construction per- that application and the hearing dock- mit for a new station in the commer- et number and will be acted on by the cial broadcast services shall maintain presiding officer. a public inspection file containing the (h) For the purposes of this section material, relating to that station, de- an application shall be deemed to be scribed in paragraphs (e)(2) and (e)(10) ‘‘pending’’ before the FCC and a party of this section. A separate file shall be maintained for each station for which shall be considered to have the status an application is pending. If the appli- of an ‘‘applicant’’ from the time an ap- cation is granted, paragraph (a)(2) of plication is filed with the FCC until an this section shall apply. order of the FCC granting or denying it (2) Every permittee or licensee of an is no longer subject to reconsideration AM, FM, TV or Class A TV station in by the FCC or to review by any court. the commercial broadcast services (i) For purposes of this section, ‘‘le- shall maintain a public inspection file gitimate and prudent expenses’’ are containing the material, relating to those expenses reasonably incurred by that station, described in paragraphs an applicant in preparing, filing, pros- (e)(1) through (e)(10) and paragraph ecuting, and settling its application for (e)(13) of this section. In addition, which reimbursement is being sought. every permittee or licensee of a com- (j) For purposes of this section, mercial TV or Class A TV station shall ‘‘other consideration’’ consists of fi- maintain for public inspection a file nancial concessions, including, but not containing material, relating to that limited to the transfer of assets or the station, described in paragraphs (e)(11) provision of tangible pecuniary benefit, and (e)(15) of this section, and every as well as non-financial concessions permittee or licensee of a commercial AM or FM station shall maintain for that confer any type of benefit on the public inspection a file containing the recipient. material, relating to that station, de- (k) For purposes of this section, an scribed in paragraphs (e)(12) and (e)(14) ‘‘ancillary agreement’’ means any of this section. A separate file shall be agreement relating to the dismissal of maintained for each station for which an application or settling of a pro- an authorization is outstanding, and ceeding, including any agreement on the file shall be maintained so long as the part of an applicant or principal of an authorization to operate the station an applicant to render consulting serv- is outstanding. ices to another party or principal of (b) Location of the file. The public in- another party in the poroceeding. spection file shall be located as follows: (l) The prohibition of collusion as set (1) For radio licensees temporarily ex- forth in §§ 1.2105(c) and 73.5002 of this empt from the online public file hosted section, which becomes effective upon by the Commission, as discussed in the filing of short-form applications, paragraph (b)(2) of this section, a hard shall apply to all broadcast services copy of the public inspection file shall subject to competitive bidding. be maintained at an accessible place in the community of license, unless the NOTE: Although § 74.780 of the Rules makes licensee elects voluntarily to place the this section generally applicable to low file online as discussed in paragraph power TV, TV translators, and TV booster (b)(2) of this section. An applicant for a stations, paragraph (b) of this section shall new station or change of community not be applicable to such stations. shall maintain its file at an accessible [56 FR 28097, June 19, 1991, as amended at 63 place in the proposed community of li- FR 48624, Sept. 11, 1998] cense. If as of January 8, 2018 a broadcast station maintains a hard copy of

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all or a portion of its public inspection To the extent this section refers to the file at a main studio that either com- local public inspection file, it refers to plied with the Commission’s main stu- the public file of an individual station, dio rule (47 CFR 73.1125 (2016)) but is which is either maintained at an acces- not within the station’s community of sible place in the community of license license, or was deemed a permissible or on the Commission’s Web site, de- location for the station’s public inspec- pending upon where the documents are tion file pursuant to a waiver of the required to be maintained under the main studio rule, and if the station re- Commission’s rules. tains that studio, then that studio is a (3)(i) A licensee or applicant shall permissible location for the station’s place the contents required by para- hard copy public inspection file. Any graph (e)(6) of this section of its polit- reference in this section to ‘‘an acces- ical inspection file in the online public sible place in the community of li- file hosted by the Commission. Polit- cense’’ shall be deemed to include such ical inspection file material already in a studio. existence 30 days after the effective (2)(i) A television station licensee or date of this provision, if not placed in applicant, and any radio station li- the online public file hosted by the censee or applicant not temporarily ex- Commission, shall continue to be re- empt as described in this paragraph tained at an accessible place in the (b)(2)(i), shall place the contents re- community of license in the manner quired by paragraph (e) of this section discussed in paragraph (b)(1) of this of its public inspection file in the on- section until the end of its retention line public file hosted by the Commis- period. sion, with the exception of the political (ii) Any television station not in the file as required by paragraph (e)(6) of top 50 DMAs, and any station not affili- this section, as discussed in paragraph ated with one of the top four broadcast (b)(3) of this section. Any radio station networks, regardless of the size of the not in the top 50 Nielsen Audio mar- market it serves, shall continue to re- kets, and any radio station with fewer tain the political file at the station in than five full-time employees, shall the manner discussed in paragraph continue to retain the public inspec- (b)(1) of this section until July 1, 2014. tion file at an accessible place in the For these stations, effective July 1, community of license in the manner 2014, any new political file material discussed in paragraph (b)(1) of this shall be placed in the online file hosted section until March 1, 2018. However, by the Commission, while the material any radio station that is not required in the political file as of July 1, 2014, if to place its public inspection file in the not placed in the Commission’s Web online public file hosted by the Com- site, shall continue to be retained at mission before March 1, 2018 may the station in the manner discussed in choose to do so, instead of retaining paragraph (b)(1) of this section until the public inspection file at an acces- the end of its retention period. How- sible place in the community of license ever, any station that is not required in the manner discussed in paragraph to place its political file in the online (b)(1) of this section. file hosted by the Commission before (ii) A station must provide a link to July 1, 2014 may choose to do so, in- the public inspection file hosted on the stead of retaining the political file at Commission’s Web site from the home the station in the manner discussed in page of its own Web site, if the station paragraph (b)(1) of this section. For has a Web site, and provide contact in- purposes of this paragraph (b)(3)(ii), the formation on its Web site for a station ‘‘manner discussed in paragraph (b)(1) representative that can assist any per- of this section’’ refers to maintaining a son with disabilities with issues related hard copy of the public inspection file to the content of the public files. A sta- at the main studio of the station as de- tion also is required to include in the scribed in paragraph (b)(1) prior to Jan- online public file the station’s address uary 8, 2018. See 47 CFR 73.3526(b)(1) and telephone number, and the email (2016). address of the station’s designated con- (iii) Any radio station not in the top tact for questions about the public file. 50 Nielsen Audio markets, and any

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radio station with fewer than five full- cant, permittee, or licensee must pro- time employees, shall continue to re- vide information regarding the loca- tain the political file at an accessible tion of the file, or the applicable por- place in the community of license in tion of the file, within one business day the manner discussed in paragraph of a request for such information. All (b)(1) of this section until March 1, or part of the file may be maintained 2018. For these stations, effective in a computer database, as long as a March 1, 2018, any new political file computer terminal is made available, material shall be placed in the online at the location of the file, to members public file hosted by the Commission, of the public who wish to review the while the material already existing in file. Material in the public inspection the political file as of March 1, 2018, if file shall be made available for printing not placed in the online public file or machine reproduction upon request hosted by the Commission, shall con- made in person. The applicant, per- tinue to be retained at an accessible mittee, or licensee may specify the lo- place in the community of license in cation for printing or reproduction, re- the manner discussed in paragraph quire the requesting party to pay the (b)(1) of this section until the end of its reasonable cost thereof, and may re- retention period. However, any station quire guarantee of payment in advance that is not required to place its polit- (e.g., by requiring a deposit, obtaining ical file on the Commission’s Web site credit card information, or any other before March 1, 2018, may choose to do reasonable method). Requests for cop- so, instead of retaining the political ies shall be fulfilled within a reason- file at an accessible place in the com- able period of time, which generally munity of license in the manner dis- should not exceed 7 days. cussed in paragraph (b)(1) of this sec- (2) The applicant, permittee, or li- tion. censee who maintains its public file (4) The Commission will automati- outside its community of license (see cally link the following items to the paragraph (b)(1) of this section) shall: electronic version of all licensee and (i) Make available to persons within applicant public inspection files, to the its geographic service area, by mail extent that the Commission has these upon telephone request, photocopies of items electronically: authorizations, documents in the file (see applications, contour maps; ownership § 73.3526(c)(1)), excluding the political reports and related materials; portions file (see § 73.3526(e)(6)), and the station of the Equal Employment Opportunity shall pay postage; file held by the Commission; ‘‘The Pub- (ii) Mail the most recent version of lic and Broadcasting’’; Letters of In- ‘‘The Public and Broadcasting’’ to any quiry and other investigative informa- member of the public that requests a tion requests from the Commission, un- copy; and less otherwise directed by the inquiry itself; Children’s television program- (iii) Be prepared to assist members of ming reports; and DTV transition edu- the public in identifying the documents cation reports. In the event that the they may ask to be sent to them by online public file does not reflect such mail, for example, by describing to the required information, the licensee will caller, if asked, the period covered by a be responsible for posting such mate- particular report and the number of rial. pages included in the report. (c) Access to material in the file. (1) For NOTE TO PARAGRAPH (c)(2): For purposes of any applicant, permittee, or licensee this section, geographic service area includes that does not include all material de- the area within the Grade B contour for TV, scribed in paragraph (e) of this section 1 mV/m contour for all FM station classes in the online public file hosted by the except .7 mV/m for Class B1 stations and .5 Commission, the portion of the file mV/m for Class B stations, and .5 mV/m contour for AM stations. that is not included in the online public file shall be available for public in- (d) Responsibility in case of assignment spection at any time during regular or transfer. (1) In cases involving appli- business hours at an accessible place in cations for consent to assignment of the community of license. The appli- broadcast station construction permits

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or licenses, with respect to which pub- retained until final action has been lic notice is required to be given under taken on the license renewal applica- the provisions of § 73.3580 or § 73.3594, tion filed immediately following the the file mentioned in paragraph (a) of shortened license term. this section shall be maintained by the (3)(i) Citizen agreements. A copy of assignor. If the assignment is con- every written citizen agreement. These sented to by the FCC and con- agreements shall be retained for the summated, the assignee shall maintain term of the agreement, including any the file commencing with the date on renewal or extension thereof. which notice of the consummation of (ii) For purposes of this section, a the assignment is filed with the FCC. citizen agreement is a written agree- The assignee shall retain public file ment between a broadcast applicant, documents obtained from the assignor permittee, or licensee, and one or more for the period required under these citizens or citizen groups, entered for rules. primarily noncommercial purposes. (2) In cases involving applications for This definition includes those agree- consent to transfer of control of a per- ments that deal with goals or proposed mittee or licensee of a broadcast sta- practices directly or indirectly affect- tion, the file mentioned in paragraph ing station operations in the public in- (a) of this section shall be maintained terest, in areas such as—but not lim- by the permittee or licensee. ited to—programming and employ- (e) Contents of the file. The material ment. It excludes common commercial to be retained in the public inspection agreements such as advertising con- file is as follows: tracts; union, employment, and per- (1) Authorization. A copy of the cur- sonal services contracts; network af- rent FCC authorization to construct or filiation, syndication, program supply operate the station, as well as any contracts, etc. However, the mere in- other documents necessary to reflect clusion of commercial terms in a pri- any modifications thereto or any con- marily noncommercial agreement— ditions that the FCC has placed on the such as a provision for payment of fees authorization. These materials shall be for future services of the citizen-par- retained until replaced by a new au- ties (see ‘‘Report and Order,’’ Docket thorization, at which time a copy of 19518, 57 FCC 2d 494 (1976))—would not the new authorization and any related cause the agreement to be considered materials shall be placed in the file. commercial for purposes of this sec- (2) Applications and related materials. tion. A copy of any application tendered for (4) Contour maps. A copy of any serv- filing with the FCC, together with all ice contour maps, submitted with any related material, and copies of Initial application tendered for filing with the Decisions and Final Decisions in hear- FCC, together with any other informa- ing cases pertaining thereto. If petition in the application showing service tions to deny are filed against the ap- contours and/or transmitter location plication and have been served on the (State, county, city, street address, or applicant, a statement that such a pe- other identifying information). These tition has been filed shall be main- documents shall be retained for as long tained in the file together with the as they reflect current, accurate infor- name and address of the party filing mation regarding the station. the petition. Applications shall be re- (5) Ownership reports and related mate- tained in the public inspection file rials. A copy of the most recent, com- until final action has been taken on plete ownership report filed with the the application, except that applica- FCC for the station, together with any tions for a new construction permit statements filed with the FCC certi- granted pursuant to a waiver showing fying that the current report is accu- and applications for assignment or rate, and together with all related ma- transfer of license granted pursuant to terial. These materials shall be re- a waiver showing shall be retained for tained until a new, complete ownership as long as the waiver is in effect. In ad- report is filed with the FCC, at which dition, license renewal applications time a copy of the new report and any granted on a short-term basis shall be related materials shall be placed in the

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file. The permittee or licensee must re- been advised. This material shall be retain in the public file either a copy of tained until the applicant, permittee, the station documents listed in or licensee is notified in writing that § 73.3613(a) through (c) or an up-to-date the material may be discarded. list of such documents. If the permittee (11)(i) TV issues/programs lists. For or licensee elects to maintain an up-to- commercial TV and Class A broadcast date list of such documents, the list stations, every three months a list of must include all the information that programs that have provided the sta- the permittee or licensee is required to tion’s most significant treatment of provide on ownership reports for each community issues during the preceding document, including, but not limited three month period. The list for each to, a description of the document, the calendar quarter is to be filed by the parties to the document, the month tenth day of the succeeding calendar and year of execution, the month and quarter (e.g., January 10 for the quar- year of expiration, and the document ter October—December, April 10 for the type (e.g., network affiliation agree- quarter January—March, etc.) The list ment, articles of incorporation, bylaws, shall include a brief narrative describ- management consultant agreement ing what issues were given significant with independent contractor). Regard- treatment and the programming that less of which of these two options the provided this treatment. The descrip- permittee or licensee chooses, it must tion of the programs shall include, but update the inventory of § 73.3613 docu- shall not be limited to, the time, date, ments in the public file to reflect duration, and title of each program in newly executed § 73.3613 documents, which the issue was treated. The lists amendments, supplements, and can- described in this paragraph shall be re- cellations within 30 days of execution tained in the public inspection file thereof. Licensees and permittees that until final action has been taken on choose to retain a list of § 73.3613 docu- the station’s next license renewal ap- ments must provide a copy of any plication. § 73.3613 document(s) to requesting par- (ii) Records concerning commercial lim- ties within 7 days. In maintaining cop- its. For commercial TV and Class A TV ies of such documents in the public file broadcast stations, records sufficient or providing copies upon request, con- to permit substantiation of the sta- fidential or proprietary information tion’s certification, in its license re- may be redacted where appropriate. newal application, of compliance with (6) Political file. Such records as are the commercial limits on children’s required by § 73.1943 to be kept con- programming established in 47 U.S.C. cerning broadcasts by candidates for 303a and 47 CFR 73.670. The records for public office. These records shall be re- each calendar quarter must be filed by tained for the period specified in the tenth day of the succeeding cal- § 73.1943 (2 years). endar quarter (e.g., January 10 for the (7) Equal Employment Opportunity file. quarter October-December, April 10 for Such information as is required by the quarter January-March, etc.). § 73.2080 to be kept in the public inspec- These records shall be retained until tion file. These materials shall be re- final action has been taken on the sta- tained until final action has been tion’s next license renewal application. taken on the station’s next license re- (iii) Children’s television programming newal application. reports. For commercial TV broadcast (8) The public and broadcasting. At all stations, both analog and digital, on a times, a copy of the most recent quarterly basis, a completed Children’s version of the manual entitled ‘‘The Television Programming Report (‘‘Re- Public and Broadcasting.’’ port’’), on FCC Form 398, reflecting ef- (9) [Reserved] forts made by the licensee during the (10) Material relating to FCC investiga- preceding quarter, and efforts planned tion or complaint. Material having a for the next quarter, to serve the edu- substantial bearing on a matter which cational and informational needs of is the subject of an FCC investigation children. The Report for each quarter or complaint to the FCC of which the is to be placed in the public inspection applicant, permittee, or licensee has file by the tenth day of the succeeding

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calendar quarter. By this date, a copy broadcast of the local public notice of of the Report for each quarter is also filing announcements required pursu- to be filed electronically with the FCC. ant to § 73.3580(h), place in the station’s The Report shall identify the licensee’s local public inspection file a statement educational and informational pro- certifying compliance with this re- gramming efforts, including programs quirement. The dates and times that aired by the station that are specifi- the pre-filing and post-filing notices cally designed to serve the educational were broadcast and the text thereof and informational needs of children, shall be made part of the certifying and it shall explain how programs iden- statement. The certifying statement tified as Core Programming meet the shall be retained in the public file for definition set forth in § 73.671(c). The the period specified in § 73.3580 (for as Report shall include the name of the long as the application to which it re- individual at the station responsible fers). for collecting comments on the sta- (14) Radio and television time brokerage tion’s compliance with the Children’s agreements. For commercial radio and Television Act, and it shall be sepa- television stations, a copy of every rated from other materials in the pub- agreement or contract involving time lic inspection file. The Report shall brokerage of the licensee’s station or of also identify the program guide pub- another station by the licensee, wheth- lishers to which information regarding er the agreement involves stations in the licensee’s educational and informa- the same markets or in differing mar- tional programming was provided as kets, with confidential or proprietary required in § 73.673, as well as the sta- information redacted where appro- tion’s license renewal date. These Re- priate. These agreements shall be ports shall be retained in the public in- placed in the public file within 30 days spection file until final action has been of execution and retained in the file as taken on the station’s next license re- long as the contract or agreement is in newal application. Licensees shall pub- force. licize in an appropriate manner the ex- (15) Must-carry or retransmission con- istence and location of these Reports. sent election. Statements of a commer- (12) Radio issues/programs lists. For cial television or Class A television commercial AM and FM broadcast sta- station’s election with respect to ei- tions, every three months a list of pro- ther must-carry or re-transmission grams that have provided the station’s consent, as defined in §§ 76.64 and 76.1608 most significant treatment of commu- of this chapter. These records shall be nity issues during the preceding three retained for the duration of the three month period. The list for each cal- year election period to which the state- endar quarter is to be filed by the ment applies. tenth day of the succeeding calendar (16) Radio and television joint sales quarter (e.g., January 10 for the quar- agreements. For commercial radio and ter October—December, April 10 for the commercial television stations, a copy quarter January—March, etc.). The list of agreement for the joint sale of ad- shall include a brief narrative describ- vertising time involving the station, ing what issues were given significant whether the agreement involves sta- treatment and the programming that tions in the same markets or in dif- provided this treatment. The descrip- fering markets, with confidential or tion of the programs shall include, but proprietary information redacted shall not be limited to, the time, date, where appropriate. These agreements duration, and title of each program in shall be placed in the public file within which the issue was treated. The lists 30 days of execution and retained in the described in this paragraph shall be re- file as long as the contract or agree- tained in the public inspection file ment is in force. until final action has been taken on (17) Class A TV continuing eligibility. the station’s next license renewal ap- Documentation sufficient to dem- plication. onstrate that the Class A television (13) Local public notice announcements. station is continuing to meet the eligi- Each applicant for renewal of license bility requirements set forth at shall, within 7 days of the last day of § 73.6001.

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(18) Shared service agreements. For chapter are open for public inspection commercial television stations, a copy at the offices of the FCC. of every Shared Service Agreement for [63 FR 49497, Sept. 16, 1998, as amended at 63 the station (with the substance of oral FR 70049, Dec. 18, 1998; 64 FR 35947, July 2, agreements reported in writing), re- 1999; 64 FR 50645, Sept. 17, 1999; 65 FR 7457, gardless of whether the agreement in- Feb. 15, 2000; 65 FR 30006, May 10, 2000; 65 FR volves commercial television stations 53614, Sept. 5, 2000; 65 FR 67288, Nov. 9, 2000; in the same market or in different mar- 70 FR 38, Jan. 3, 2005; 73 FR 15450, Mar. 24, 2008; 73 FR 36283, June 26, 2008; 76 FR 71269, kets, with confidential or proprietary Nov. 17, 2011; 77 FR 27655, May 11, 2012; 81 FR information redacted where appro- 10123, Feb. 29, 2016; 81 FR 76262, Nov. 1, 2016; priate. For purposes of this paragraph, 82 FR 11412, Feb. 23, 2017; 82 FR 57882, Dec. 8, a Shared Service Agreement is any 2017; 82 FR 59987, Dec. 18, 2017; 83 FR 5544, agreement or series of agreements in Feb. 8, 2018; 83 FR 65557, Dec 21, 2018] which: EFFECTIVE DATE NOTE 1: At 84 FR 41935, (1) A station provides any station-re- Aug. 16, 2019, § 73.3526 was amended by revis- lated services, including, but not lim- ing paragraphs (e)(11)(ii) and (iii), effective upon publication of a rule document in the ited to, administrative, technical, Federal Register announcing the effective sales, and/or programming support, to date. For the convenience of the user, the re- a station that is not directly or indi- vised text is set forth as follows: rectly under common de jure control § 73.3526 Local public inspection file of com- permitted under the Commission’s reg- mercial stations. ulations; or (2) Stations that are not directly or * * * * * indirectly under common de jure control permitted under the Commission’s (e) * * * (11) * * * regulations collaborate to provide or (ii) Records concerning commercial limits. For enable the provision of station-related commercial TV and Class A TV broadcast services, including, but not limited to, stations, records sufficient to permit sub- administrative, technical, sales, and/or stantiation of the station’s certification, in programming support, to one or more its license renewal application, of compliance with the commercial limits on chil- of the collaborating stations. For pur- dren’s programming established in 47 U.S.C. poses of this paragraph, the term ‘‘sta- 303a and § 73.670. The records for each cal- tion’’ includes the licensee, including endar year must be filed by the thirtieth day any subsidiaries and affiliates, and any of the succeeding calendar year. These other individual or entity with an at- records shall be retained until final action tributable interest in the station. has been taken on the station’s next license renewal application. (f)(1) For purposes of this section, ac- (iii) Children’s television programming re- tion taken on an application tendered ports. For commercial TV broadcast stations with the FCC becomes final when that on an annual basis, a completed Children’s action is no longer subject to reconsid- Television Programming Report (‘‘Report’’), eration, review, or appeal either at the on FCC Form 2100 Schedule H, reflecting efforts made by the licensee during the pre- FCC or in the courts. ceding year to serve the educational and in- (2) For purposes of this section, the formational needs of children. The Report is term ‘‘all related material’’ includes to be electronically filed with the Commis- all exhibits, letters, and other docu- sion by the thirtieth (30) day of the suc- ments tendered for filing with the FCC ceeding calendar year. A copy of the Report as part of an application, report, or will also be linked to the station’s online public inspection file by the FCC. The Report other document, all amendments to the shall identify the licensee’s educational and application, report, or other document, informational programming efforts, includ- copies of all documents incorporated ing programs aired by the station that are therein by reference and not already specifically designed to serve the edu- maintained in the public inspection cational and informational needs of children. file, and all correspondence between The Report shall include the name of the individual at the station responsible for col- the FCC and the applicant pertaining lecting comments on the station’s compli- to the application, report, or other doc- ance with the Children’s Television Act, and ument, which according to the provi- it shall be separated from other materials in sions of §§ 0.451 through 0.461 of this the public inspection file. These Reports

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shall be retained in the public inspection file ing to that station, described in para- until final action has been taken on the sta- graphs (e)(1) through (e)(11) of this section’s next license renewal application. tion. In addition, every permittee or licensee of a noncommercial educational * * * * * TV station shall maintain for public EFFECTIVE DATE NOTE 2: At 84 FR 45668, inspection a file containing material, Aug. 30, 2019, § 73.3526 was amended by revis- relating to that station, described in ing paragraph (e)(15), effective Oct. 29, 2019. paragraphs (e)(12) of this section. A For the convenience of the user, the revised separate file shall be maintained for text is set forth as follows: each station for which an authoriza- § 73.3526 Local public inspection file of com- tion is outstanding, and the file shall mercial stations. be maintained so long as an authorization to operate the station is out- * * * * * standing. (e) * * * (b) Location of the file. The public in- (15) Must-carry or retransmission consent spection file shall be located as follows: election. Statements of a commercial tele- (1) For radio licensees, a hard copy of vision or Class A television station’s election the public inspection file shall be with respect to either must-carry or retransmission consent, as defined in §§ 76.64 maintained at an accessible place in and 76.1608 of this chapter. These records the community of license until March shall be retained for the duration of the 1, 2018, except that, as discussed in three year election period to which the paragraph (b)(2)(ii) of this section, any statement applies. Commercial television radio station may voluntarily place its stations shall, no later than July 31, 2020, public inspection file in the online pub- provide an up-to-date email address and phone number for carriage-related questions lic file hosted by the Commission be- and respond as soon as is reasonably possible fore March 1, 2018, if it chooses to do to messages or calls from multichannel video so, instead of retaining the file at an programming distributors (MVPDs). Each accessible place in the community of commercial television station is responsible license. An applicant for a new station for the continuing accuracy and complete- or change of community shall maintain ness of the information furnished. its file at an accessible place in the proposed community of license. If as of * * * * * January 8, 2018 a broadcast station § 73.3527 Local public inspection file of maintains a hard copy of all or a por- noncommercial educational station of its public inspection file at a tions. main studio that either complied with (a) Responsibility to maintain a file. the Commission’s main studio rule (47 The following shall maintain for public CFR 73.1125 (2016)) but is not within the inspection a file containing the mate- station’s community of license, or was rial set forth in this section. deemed a permissible location for the (1) Applicants for a construction per- station’s public inspection file pursu- mit for a new station in the non- ant to a waiver of the main studio rule, commercial educational broadcast and if the station retains that studio, services shall maintain a public inspec- then that studio is a permissible location file containing the material, relat- tion for the station’s hard copy public ing to that station, described in para- inspection file. Any reference in this graph (e)(2) and (e)(11) of this section. section to ‘‘an accessible place in the A separate file shall be maintained for community of license’’ shall be deemed each station for which an application is to include such a studio. pending. If the application is granted, (2)(i) A noncommercial educational paragraph (a)(2) of this section shall television station licensee or applicant apply. shall place the contents required by (2) Every permittee or licensee of an paragraph (e) of this section of its pub- AM, FM, or TV station in the non- lic inspection file in the online public commercial educational broadcast file hosted by the Commission, with services shall maintain a public inspection file containing the material, relat-

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the exception of the political file as re- (iii) A station must provide a link to quired by paragraph (e)(5) of this sec- the online public inspection file hosted tion, which may be retained at the sta- by the Commission from the home page tion in the manner discussed in para- of its own Web site, if the station has graph (b)(1) of this section until July 1, a Web site, and provide contact infor- 2014. Effective July 1, 2014, any new po- mation for a station representative on litical file material shall be placed in its Web site that can assist any person the online public file hosted by the with disabilities with issues related to Commission, while the material in the the content of the public files. A sta- political file as of July 1, 2014, if not tion also is required to include in the placed in the Commission’s online pub- online public file hosted by the Com- lic file, shall continue to be retained at mission the station’s address and tele- the station in the manner discussed in phone number, and the email address of paragraph (b)(1) of this section until the station’s designated contact for the end of its retention period. How- questions about the public file. To the ever, any noncommercial educational extent this section refers to the local station that is not required to place its public inspection file, it refers to the political file in the online public file public file of an individual station, hosted by the Commission before July which is either maintained at an acces- 1, 2014 may choose to do so instead of sible place in the community of license retaining the political file at the sta- or on the Commission’s Web site, depending upon where the documents are tion in the manner discussed in para- required to be maintained under the graph (b)(1) of this section. For pur- Commission’s rules. poses of this paragraph (b)(2)(i), the (3) The Commission will automati- ‘‘manner discussed in paragraph (b)(1) cally link the following items to the of this section’’ refers to maintaining a electronic version of all licensee and hard copy of the public inspection file applicant public inspection files, to the at the main studio of the station as de- extent that the Commission has these scribed in paragraph (b)(1) prior to Jan- items electronically: Authorizations; uary 8, 2018. See 47 CFR 73.3527(b)(1) applications; contour maps; ownership (2016). reports and related materials; portions (ii) Beginning March 1, 2018, non- of the Equal Employment Opportunity commercial educational radio station file held by the Commission; and ‘‘The licensees and applicants shall place the Public and Broadcasting’’. contents required by paragraph (e) of (c) Access to material in the file. (1) For this section in the online public inspec- any applicant, permittee, or licensee tion file hosted by the Commission. that does not include all material de- For these stations, effective March 1, scribed in paragraph (e) of this section 2018, any new political file material in the online public file hosted by the shall be placed in the Commission’s on- Commission, the portion of the file line public file, while the material in that is not included in the online pub- the political file as of March 1, 2018, if lic file shall be available for public in- not placed in the Commission’s online spection at any time during regular public file, shall continue to be re- business hours at an accessible place in tained at an accessible place in the the community of license. The appli- community of license in the manner cant, permittee, or licensee must pro- discussed in paragraph (b)(1) of this vide information regarding the loca- section until the end of its retention tion of the file, or the applicable por- period. However, any radio station that tion of the file, within one business day is not required to place its public in- of a request for such information. All spection file in the online public file or part of the file may be maintained hosted by the Commission before in a computer database, as long as a March 1, 2018, may choose to do so, in- computer terminal is made available, stead of retaining the public inspection at the location of the file, to members file at an accessible place in the com- of the public who wish to review the munity of license in the manner dis- file. Material in the public inspection cussed in paragraph (b)(1) of this sec- file shall be made available for printing tion.?≤ or machine reproduction upon request

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made in person. The applicant, per- for the period required under these mittee, or licensee may specify the lo- rules. cation for printing or reproduction, re- (2) In cases involving applications for quire the requesting party to pay the consent to transfer of control of a per- reasonable cost thereof, and may re- mittee or licensee of a broadcast sta- quire guarantee of payment in advance tion, the file mentioned in paragraph (e.g., by requiring a deposit, obtaining (a) of this section shall be maintained credit card information, or any other by the permittee or licensee. reasonable method). Requests for cop- (e) Contents of the file. The material ies shall be fulfilled within a reason- to be retained in the public inspection able period of time, which generally file is as follows: should not exceed 7 days. (1) Authorization. A copy of the cur- (2) The applicant, permittee, or li- rent FCC authorization to construct or censee who maintains its public file operate the station, as well as any outside its community of license (see other documents necessary to reflect paragraph (b)(1) of this section) shall: any modifications thereto or any con- (i) Make available to persons within ditions that the FCC has placed on the its geographic service area, by mail authorization. These materials shall be upon telephone request, photocopies of retained until replaced by a new au- documents in the file (see thorization, at which time a copy of § 73.3527(c)(1)), excluding the political the new authorization and any related file (see § 73.3527(e)(5)), and the station materials shall be placed in the file. shall pay postage; (2) Applications and related materials. (ii) Mail the most recent version of A copy of any application tendered for ‘‘The Public and Broadcasting’’ to any filing with the FCC, together with all member of the public that requests a related material, including supporting copy; and documentation of any points claimed (iii) Be prepared to assist members of in the application pursuant to § 73.7003, the public in identifying the documents and copies of FCC decisions pertaining they may ask to be sent to them by thereto. If petitions to deny are filed mail, for example, by describing to the against the application and have been caller, if asked, the period covered by a served on the applicant, a statement particular report and the number of that such a petition has been filed shall pages included in the report. be maintained in the file together with

NOTE TO PARAGRAPH (c)(2): For purposes of the name and address of the party fil- this section, geographic service area includes ing the petition. Applications shall be the area within the protected service con- retained in the public inspection file tour in a particular service: Grade B contour until final action has been taken on for TV, 1 mVm contour for all FM station the application, except that applica- classes except .7 mV/m for Class B1 stations tions for a new construction permit and .5 mV/m for Class B stations, and .5 mV/ granted pursuant to a waiver showing m contour for AM stations. and applications for assignment or (d) Responsibility in case of assignment transfer of license granted pursuant to or transfer. (1) In cases involving appli- a waiver showing shall be retained for cations for consent to assignment of as long as the waiver is in effect. In ad- broadcast station construction permits dition, license renewal applications or licenses, with respect to which pub- granted on a short-term basis shall be lic notice is required to be given under retained until final action has been the provisions of § 73.3580 or § 73.3594, taken on the license renewal applica- the file mentioned in paragraph (a) of tion filed immediately following the this section shall be maintained by the shortened license term. assignor. If the assignment is con- (3) Contour maps. A copy of any serv- sented to by the FCC and con- ice contour maps, submitted with any summated, the assignee shall maintain application tendered for filing with the the file commencing with the date on FCC, together with any other informa- which notice of the consummation of tion in the application showing service the assignment is filed with the FCC. contours and/or transmitter location The assignee shall retain public file (State, county, city, street address, or documents obtained from the assignor other identifying information). These

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documents shall be retained for as long § 73.2080 to be kept in the public inspec- as they reflect current, accurate infor- tion file. These materials shall be re- mation regarding the station. tained until final action has been (4) Ownership reports and related mate- taken on the station’s next license re- rials. A copy of the most recent, com- newal application. plete ownership report filed with the (7) The Public and Broadcasting. At all FCC for the station, together with any times, a copy of the most recent subsequent statement filed with the version of the manual entitled ‘‘The FCC certifying that the current report Public and Broadcasting.’’ is accurate, and together with all re- (8) Issues/Programs lists. For non- lated material. These materials shall exempt noncommercial educational be retained until a new, complete own- broadcast stations, every three months ership report is filed with the FCC, at a list of programs that have provided which time a copy of the new report the station’s most significant treat- and any related materials shall be ment of community issues during the placed in the file. The permittee or li- preceding three month period. The list censee must retain in the public file ei- for each calendar quarter is to be filed ther a copy of the station documents by the tenth day of the succeeding cal- listed in § 73.3613(a) through (c) or an endar quarter (e.g., January 10 for the up-to-date list of such documents. If quarter October–December, April 10 for the permittee or licensee elects to the quarter January–March, etc.). The maintain an up-to-date list of such doc- list shall include a brief narrative de- uments, the list must include all the scribing what issues were given signifi- information that the permittee or li- cant treatment and the programming censee is required to provide on owner- that provided this treatment. The de- ship reports for each document, includ- scription of the programs shall include, ing, but not limited to, a description of but shall not be limited to, the time, the document, the parties to the docu- date, duration, and title of each pro- ment, the month and year of execution, gram in which the issue was treated. the month and year of expiration, and The lists described in this paragraph the document type (e.g., network affili- shall be retained in the public inspec- ation agreement, articles of incorporation file until final action has been tion, bylaws, management consultant taken on the station’s next license re- agreement with independent con- newal application. tractor). Regardless of which of these (9) Donor lists. The lists of donors sup- two options the permittee or licensee porting specific programs. These lists chooses, it must update the inventory shall be retained for two years from of § 73.3613 documents in the public file the date of the broadcast of the specific to reflect newly executed § 73.3613 docu- program supported. ments, amendments, supplements, and (10) Local public notice announcements. cancellations within 30 days of execu- Each applicant for renewal of license tion thereof. Licensees and permittees shall, within 7 days of the last day of that choose to maintain a list of broadcast of the local public notice of § 73.3613 documents must provide a copy filing announcements required pursu- of any § 73.3613 document(s) to request- ant to § 73.3580(h), place in the station’s ing parties within 7 days. In maintain- local public inspection file a statement ing copies of such documents in the certifying compliance with this republic file or providing copies upon requirement. The dates and times that quest, confidential or proprietary in- the pre-filing and post-filing notices formation may be redacted where ap- were broadcast and the text thereof propriate. shall be made part of the certifying (5) Political file. Such records as are statement. The certifying statement required by § 73.1943 to be kept con- shall be retained in the public file for cerning broadcasts by candidates for the period specified in § 73.3580 (for as public office. These records shall be re- long as the application to which it retained for the period specified in fers). § 73.1943 (2 years). (11) Material relating to FCC investiga- (6) Equal Employment Opportunity file. tion or complaint. Material having a Such information as is required by substantial bearing on a matter which

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is the subject of an FCC investigation copies of all documents incorporated or complaint to the FCC of which the therein by reference and not already applicant, permittee, or licensee has maintained in the public inspection been advised. This material shall be re- file, and all correspondence between tained until the applicant, permittee, the FCC and the applicant pertaining or licensee is notified in writing that to the application, report, or other doc- the material may be discarded. ument, which according to the provi- (12) Must-carry requests. Noncommer- sions of §§ 0.451 through 0.461 of this cial television stations requesting chapter are open for public inspection mandatory carriage on any cable sys- at the offices of the FCC. tem pursuant to §§ 76.56, 76.1614, 76.1620, [63 FR 49499, Sept. 16, 1998, as amended at 64 and 76.1709 of this chapter shall place a FR 35947, July 2, 1999; 65 FR 7457, Feb. 15, copy of such request in its public file 2000; 65 FR 36378, June 8, 2000; 65 FR 53614, and shall retain both the request and Sept. 5, 2000; 73 FR 15450, Mar. 24, 2008; 73 FR relevant correspondence for the dura- 36283, June 26, 2008; 76 FR 71269, Nov. 17, 2011; tion of any period to which the request 77 FR 27656, May 11, 2012; 81 FR 10123, Feb. 29, applies. 2016; 82 FR 21136, May 5, 2017; 82 FR 57883, Dec. 8, 2017; 82 FR 59987, Dec. 18, 2017; 83 FR (13) [Reserved] 5545, Feb. 8, 2018; 83 FR 65558, Dec. 21, 2018] (14) Information on Third-Party Fund- raising. For noncommercial edu- EFFECTIVE DATE NOTE: At 84 FR 45668, Aug. cational broadcast stations that inter- 30, 2019, § 73.3527 was amended by revising paragraph (e)(12), effective Oct. 29, 2019. For rupt regular programming to conduct the convenience of the user, the revised text fundraising activities on behalf of a is set forth as follows: third-party non-profit organization pursuant to § 73.503(e) (FM stations) or § 73.3527 Local public inspection file of noncommercial educational stations. § 73.621(f) (television stations), every three months, the following information for each third-party fundraising * * * * * program or activity: The date, time, (e) * * * and duration of the fundraiser; the (12) Must-carry requests. Noncommercial type of fundraising activity; the name television stations shall, no later than July of the non-profit organization bene- 31, 2020, provide an up-to-date email address and phone number for carriage-related ques- fitted by the fundraiser; a brief descriptions and respond as soon as is reasonably tion of the specific cause or project, if possible to messages or calls from multi- any, supported by the fundraiser; and, channel video programming distributors to the extent that the station partici- (MVPDs). Each noncommercial television pated in tallying or receiving any funds station is responsible for the continuing ac- for the non-profit group, an approxima- curacy and completeness of the information tion of the total funds raised. The in- furnished. Any such station requesting man- formation for each calendar quarter is datory carriage pursuant to part 76 of this chapter shall place a copy of such request in to be filed by the tenth day of the suc- its public file and shall retain both the re- ceeding calendar quarter (e.g., January quest and relevant correspondence for the 10 for the quarter October–December, duration of any period to which the request April 10 for the quarter January– applies. March, etc.). (f)(1) For purposes of this section, a * * * * * decision made with respect to an application tendered with the FCC becomes § 73.3533 Application for construction final when that decision is no longer permit or modification of construc- subject to reconsideration, review, or tion permit. appeal either at the FCC or in the (a) Application for construction per- courts. mit, or modification of a construction (2) For purposes of this section, the permit, for a new facility or change in term ‘‘all related material’’ includes an existing facility is to be made on all exhibits, letters, and other docu- the following forms: ments tendered for filing with the FCC (1) FCC Form 301, ‘‘Application for as part of an application, report, or Authority to Construct or Make other document, all amendments to the Changes in an Existing Commercial application, report, or other document, Broadcast Station.’’

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(2) FCC Form 309, ‘‘Application for (1)(i) Form 302–AM for AM stations, Authority to Construct or Make ‘‘Application for New AM Station Changes in an Existing International Broadcast License.’’ or Experimental Broadcast Stations.’’ (ii) Form 302–FM for FM stations, (3) [Reserved] ‘‘Application for FM Station License.’’ (4) FCC Form 340, ‘‘Application for (iii) Form 302–TV for television sta- Authority to Construct or Make tions, ‘‘Application for TV Station Changes in a Noncommercial Edu- Broadcast License.’’ cational Broadcast Station.’’ (2) FCC Form 310, ‘‘Application for an (5) FCC Form 346, ‘‘Application for International or Experimental Broad- Authority to Construct or Make cast Station License.’’ Changes in a Low Power TV, TV Trans- (3) [Reserved] lator or TV Booster Station.’’ (4) FCC Form 347, ‘‘Application for a (6) FCC Form 349, ‘‘Application for Low Power TV, TV Translator or TV Authority to Construct or Make Booster Station License.’’ Changes in an FM Translator or FM Booster Station.’’ (5) FCC Form 350, ‘‘Application for an (7) FCC Form 318, ‘‘Application for FM Translator or FM Booster Station Construction Permit for a Low Power License.’’ FM Broadcast Station.’’ (6) FCC Form 319, ‘‘Application for a (b) The filing of an application for Low Power FM Broadcast Station Li- modification of construction permit cense.’’ does not extend the expiration date of (c) Eligible low power television sta- the construction permit. Extension of tions which have been granted a cer- the expiration date must be applied for tificate of eligibility may file FCC on FCC Form 307, in accordance with Form 302-CA, ‘‘Application for Class A the provisions of § 73.3534. Television Broadcast Station Construc- (c) In each application referred to in tion Permit Or License.’’ paragraph (a) of this section, the appli- [44 FR 38495, July 2, 1979, as amended at 49 cant will provide the Antenna Struc- FR 32582, Aug. 15, 1984; 50 FR 40016, Oct. 1, ture Registration Number (FCC Form 1985; 51 FR 18451, May 20, 1986; 51 FR 32088, 854R) of the antenna structure upon Sept. 9, 1986; 52 FR 31400, Aug. 20, 1987; 53 FR which it will locate its proposed an- 36788, Sept. 22, 1988; 62 FR 51063, Sept. 30, tenna. In the event the antenna struc- 1997; 65 FR 7648, Feb. 15, 2000; 65 FR 30007, ture does not already have a Registra- May 10, 2000; 68 FR 12761, Mar. 17, 2003; 69 FR tion Number, either the antenna struc- 72043, Dec. 10, 2004] ture owner shall file FCC Form 854 (‘‘Application for Antenna Structure § 73.3537 Application for license to use former main antenna as an auxil- Registration’’) in accordance with part iary. 17 of this chapter or the applicant shall provide a detailed explanation why reg- See § 73.1675, Auxiliary facility. istration and clearance of the antenna [62 FR 51063, Sept. 30, 1997] structure is not necessary. [44 FR 38494, July 2, 1979, as amended at 47 § 73.3538 Application to make changes FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, in an existing station. 1984; 50 FR 40016, Oct. 1, 1985; 53 FR 36788, Where prior authority is required Sept. 22, 1988; 61 FR 4367, Feb. 6, 1996; 65 FR from the FCC to make changes in an 7648, Feb. 15, 2000; 68 FR 12761, Mar. 17, 2003; existing station, the following proce- 69 FR 72043, Dec. 10, 2004] dures shall be used to request that au- § 73.3534 [Reserved] thority: (a) An application for construction § 73.3536 Application for license to permit using the forms listed in cover construction permit. § 73.3533 must be filed for authority to: (a) The application for station li- (1) Make any of the changes listed in cense shall be filed by the permittee § 73.1690(b). pursuant to the requirements of (2) Change the hours of operation of § 73.1620 Program tests. an AM station, where the hours of op- (b) The following application forms eration are specified on the license or shall be used: permit.

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(3) Install a transmitter which has such renewal application had been re- not been approved (type accepted) by ceived. the FCC for use by licensed broadcast (d) Renewal application forms titles stations. and numbers are listed in § 73.3500, Ap- (4) Any change in the location, plication and Report Forms. height, or directional radiating charac- [44 FR 38495, July 2, 1979, as amended at 47 teristics of the antenna or antenna sys- FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, tem. 1984] (b) An informal application filed in accordance with § 73.3511 is to be used § 73.3540 Application for voluntary as- to obtain authority to modify or dis- signment or transfer of control. continue the obstruction marking or (a) Prior consent of the FCC must be lighting of the antenna supporting obtained for a voluntary assignment or structure where that specified on the transfer of control. station authorization either differs (b) Application should be filed with from that specified in 47 CFR part 17, the FCC at least 45 days prior to the or is not appropriate for other reasons. contemplated effective date of assignment or transfer of control. [44 FR 38495, July 2, 1979, as amended at 44 (c) Application for consent to the as- FR 69935, Dec. 5, 1979; 49 FR 4000, Feb. 1, 1984; signment of construction permit or li- 52 FR 21685, June 9, 1987; 62 FR 51063, Sept. 30, cense must be filed on FCC Form 314 1997; 66 FR 20758, Apr. 25, 2001; 82 FR 57884, Dec. 8, 2017] ‘‘Assignment of license’’ or FCC Form 316 ‘‘Short form’’ (See paragraph (f) of § 73.3539 Application for renewal of li- this section). cense. (d) Application for consent to the transfer of control of a corporation (a) Unless otherwise directed by the holding a construction permit or li- FCC, an application for renewal of license must be filed on FCC Form 315 cense shall be filed not later than the ‘‘Transfer of Control’’ or FCC Form 316 first day of the fourth full calendar ‘‘Short form’’ (see paragraph (f) of this month prior to the expiration date of section). the license sought to be renewed, ex- (e) Application for consent to the as- cept that applications for renewal of li- signment of construction permit or license of an experimental broadcast sta- cense or to the transfer of control of a tion shall be filed not later than the corporate licensee or permittee for an first day of the second full calendar FM or TV translator station, a low month prior to the expiration date of power TV station and any associated the license sought to be renewed. If any auxiliary station, such as translator deadline prescribed in this paragraph microwave relay stations and UHF falls on a nonbusiness day, the cutoff translator booster stations, only must shall be the close of business of the be filed on FCC Form 345 ‘‘Application first full business day thereafter. for Transfer of Control of Corporate Li- (b) No application for renewal of licensee or Permittee, or Assignment of cense of any broadcast station will be License or Permit for an FM or TV considered unless there is on file with translator Station, or a Low Power TV the FCC the information currently re- Station.’’ quired by §§ 73.3612 through 73.3615, in- (f) The following assignment or clusive, for the particular class of sta- transfer applications may be filed on tion. FCC ‘‘Short form’’ 316: (c) Whenever the FCC regards an ap- (1) Assignment from an individual or plication for a renewal of license as es- individuals (including partnerships) to sential to the proper conduct of a hear- a corporation owned and controlled by ing or investigation, and specifically such individuals or partnerships with- directs that it be filed by a date cer- out any substantial change in their rel- tain, such application shall be filed ative interests; within the time thus specified. If the li- (2) Assignment from a corporation to censee fails to file such application its individual stockholders without ef- within the prescribed time, the hearing fecting any substantial change in the or investigation shall proceed as if disposition of their interests;

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(3) Assignment or transfer by which the national defense or security or oth- certain stockholders retire and the in- erwise in furtherance of the war effort. terest transferred is not a controlling (1) An informal application may be one; used. The FCC may grant such con- (4) Corporate reorganization which struction permits, station licenses, involves no substantial change in the modifications or renewals thereof, beneficial ownership of the corpora- without the filing of a formal application; tion. (5) Assignment or transfer from a (2) No authorization so granted shall corporation to a wholly owned sub- continue to be effective beyond the pe- sidiary thereof or vice versa, or where riod of the emergency or war requiring there is an assignment from a corpora- it. tion to a corporation owned or con- (3) Each individual request submitted trolled by the assignor stockholders under the provisions of this paragraph without substantial change in their in- shall contain, as a minimum require- terests; or ment, the following information: (6) Assignment of less than a control- (i) Name and address of applicant. ling interest in a partnership. (ii) Location of proposed installation or operation. [44 FR 38496, July 2, 1979, as amended at 48 (iii) Official call letters of any valid FR 21486, May 12, 1983; 49 FR 47843, Dec. 7, 1984; 50 FR 32416, Aug. 12, 1985] station authorization already held by applicant and the station location. § 73.3541 Application for involuntary (iv) Type of service desired (not reassignment of license or transfer of quired for renewal or modification un- control. less class of station is to be modified). (a) The FCC shall be notified in writ- (v) Frequency assignment, authorized ing promptly of the death or legal dis- transmitter power(s), authorized ability of an individual permittee or li- class(es) of emission desired (not re- censee, a member of a partnership, or a quired for renewal; required for modi- person directly or indirectly in control fication only to the extent such infor- of a corporation which is a permittee mation may be involved). or licensee. (vi) Equipment to be used, specifying (b) Within 30 days after the occur- the manufacturer and type or model rence of such death or legal disability, number (not required for renewal; re- an application on FCC Form 316 shall quired for modification only to the ex- be filed requesting consent to involun- tent such information may be in- tary assignment of such permit or li- volved). cense or for involuntary transfer of (vii) Statements to the extent nec- control of such corporation to a person essary for the FCC to determine wheth- or entity legally qualified to succeed to er or not the granting of the desired the foregoing interests under the laws authorization will be in accordance of the place having jurisdiction over with the citizenship eligibility require- the estate involved. ments of section 310 of the Cummunications Act. [44 FR 38496, July 2, 1979] (viii) Statement of facts which, in the opinion of the applicant, constitute § 73.3542 Application for emergency an emergency to be found by the FCC authorization. for the purpose of this section. This (a) Authority may be granted, on a statement must also include the esti- temporary basis, in extraordinary cir- mated duration of the emergency and if cumstances requiring emergency oper- during an emergency or war declared ation to serve the public interest. such by the President or Congress, why such situations include: emergencies involv- action, without formal application, is ing danger to life and property; a na- necessary for the national defense or tional emergency proclaimed by the security or in furtherance of the war President or the Congress of the U.S.A effort. and; the continuance of any war in (b) Emergency operating authority which the United States is engaged, issued under this section may be can- and where such action is necessary for celled or modified by the FCC without

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prior notice or right to hearing. See field monitoring point, when the point also § 73.1250, Broadcasting Emergency itself is not changed. Information, for situations in which (2) A change in the type of AM sta- emergency operation may be conducted tion directional antenna monitor. See without prior authorization, and § 73.69. § 73.1635, Special Temporary Authoriza- (3) The location of a remote control tion (STA), for temporary operating point of an AM or FM station when authorizations necessitated by cir- prior authority to operate by remote cumstances not within the ambit of control is not required. this section. (c) A change in the name of the li- [50 FR 30948, July 31, 1985, as amended at 63 censee where no change in ownership FR 33878, June 22, 1998] or control is involved may be accomplished by written notification by the § 73.3543 Application for renewal or licensee to the Commission. modification of special service authorization. [44 FR 38497, July 2, 1979, as amended at 45 (a) No new special service authoriza- FR 20483, Mar. 28, 1980; 50 FR 32416, Aug. 12, tion will be issued. However, consider- 1985; 62 FR 51063, Sept. 30, 1997; 63 FR 33878, ation will be given to renewal or modi- June 22, 1998; 67 FR 13232, Mar. 21, 2002; 82 FR 57884, Dec. 8, 2017] fication of a special service authorization which was outstanding on Feb- § 73.3545 Application for permit to de- ruary 3, 1958, providing a satisfactory liver programs to foreign stations. showing has been made in regard to the following, among others: Application under section 325(c) of (1) That the requested operation may the Communications Act for authority not be granted on a regular basis under to locate, use, or maintain a broadcast the existing rules governing the oper- studio in connection with a foreign sta- ation of AM stations; tion consistently received in the (2) That experimental operation is United States, should be made on FCC not involved as provided for by § 73.1510 Form 308, ‘‘Application for Permit to (Experimental authorizations); and Deliver Programs to Foreign Broadcast (3) That public interest, convenience Stations.’’ An informal application and necessity will be served by the au- may be used by applicants holding an thorization requested. AM, FM or TV broadcast station license or construction permit. Informal [44 FR 38496, July 2, 1979] applications must, however, contain a description of the nature and character § 73.3544 Application to obtain a modified station license. of the programming proposed, together with other information requested on Where prior authority from the FCC Page 4 of Form 308. is not required to make certain changes in the station authorization or [44 FR 38497, July 2, 1979, as amended at 58 facilities, but a modified station li- FR 51250, Oct. 1, 1993] cense must be obtained, the following procedures shall be used to obtain § 73.3549 Requests for extension of modification of the station license: time to operate without required monitors, indicating instruments, (a) The changes specified in and EAS encoders and decoders. § 73.1690(c) may be made by the filing of a license application using the forms Requests for extension of authority listed in § 73.3536(b)(1). to operate without required monitors, (b) An informal application, see transmission system indicating instru- § 73.3511(b), may be filed with the FCC ments, or encoders and decoders for in Washington, DC, Attention: Audio monitoring and generating the EAS Division (radio) or Video Services Divi- codes and Attention Signal should be sion (television), Media Bureau, to made to the FCC in Washington, DC, cover the following changes: Attention: Audio Division (radio) or (1) A correction of the routing in- Video Division (television), Media Bu- structions and description of an AM reau. Such requests must contain in- station directional antenna system formation as to when and what steps

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were taken to repair or replace the de- station not part of the transaction, the fective equipment and a brief descrip- new licensee of the transferred or as- tion of the alternative procedures signed station shall expeditiously re- being used while the equipment is out quest a different call sign, unless con- of service. sent to retain the conforming call sign [67 FR 13233, Mar. 21, 2002] has been obtained from the primary holder and from the licensee of any § 73.3550 Requests for new or modified other station that may be using such call sign assignments. conforming call sign. (a) All requests for new or modified (e) Call signs beginning with the let- call sign assignments for radio and tel- ter ‘‘K’’ will not be assigned to stations evision broadcast stations shall be located east of the Mississippi River, made via the FCC’s on-line call sign nor will call signs beginning with the reservation and authorization system letter ‘‘W’’ be assigned to stations lo- accessible through the Internet’s World cated west of the Mississippi River. Wide Web by specifying http:// (f) Only four-letter call signs (plus an www.fcc.gov. Licensees and permittees LP, FM, TV or CA suffix, if used) will may utilize this on-line system to de- be assigned. The four letter call sign termine the availability and licensing for LPFM stations will be followed by status of any call sign; to select an ini- the suffix ‘‘-LP.’’ However, subject to tial call sign for a new station; to the other provisions of this section, a change a station’s currently assigned call sign of a station may be conformed call sign; to modify an existing call to a commonly owned station holding a sign by adding or deleting an ‘‘-FM’’ or three-letter call assignment (plus FM, ‘‘-TV’’ suffix; to exchange call signs TV, CA or LP suffixes, if used). with another licensee or permittee in (g) Subject to the foregoing limita- the same service; or to reserve a dif- tions, applicants may request call signs ferent call sign for a station being of their choice if the combination is transferred or assigned. available. Objections to the assignment (b) No request for an initial call sign of requested call signs will not be en- assignment will be accepted from a tertained at the FCC. However, this permittee for a new radio or full-serv- does not hamper any party from assert- ice television station until the FCC has ing such rights as it may have under granted a construction permit. Each such permittee shall request the as- private law in some other forum. signment of its station’s initial call Should it be determined by an appro- sign expeditiously following the grant priate forum that a station should not of its construction permit. All initial utilize a particular call sign, the initial construction permits for low power TV assignment of a call sign will not serve stations will be issued with a five-char- as a bar to the making of a different acter low power TV call sign, in ac- assignment. cordance with § 74.783(d) of this chap- (h) Stations in different broadcast ter. services (or operating jointly in the (c) Following the filing of a transfer 535–1605 kHz band and in the 1605–1705 or assignment application, the pro- kHz band) which are under common posed assignee/transferee may request control may request that their call a new call sign for the station whose li- signs be conformed by the assignment cense or construction permit is being of the same basic call sign if that call transferred or assigned. No change in sign is not being used by a non-com- call sign assignment will be effective monly owned station. For the purposes until such transfer or assignment ap- of this paragraph, 50% or greater com- plication is granted by the FCC and no- mon ownership shall constitute a tification of consummation of the prima facie showing of common con- transaction is received by the FCC. trol. (d) Where an application is granted (i) The provisions of this section by the FCC for transfer or assignment shall not apply to International broad- of the construction permit or license of cast stations or to stations authorized a station whose existing call sign con- under part 74 of this chapter (except as forms to that of a commonly-owned provided in § 74.783).

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(j) A change in call sign assignment (ii) In a radio market with between 30 will be made effective on the date spec- and 44 (inclusive) full-power, commer- ified in the postcard acknowledging the cial and noncommercial radio stations, assignment of the requested new call not more than 7 commercial radio sta- sign and authorizing the change. Un- tions in total and not more than 4 com- less the requested change in call sign mercial stations in the same service assignment is subject to a pending (AM or FM); transfer or assignment application, the (iii) In a radio market with between requester is required to include in its 15 and 29 (inclusive) full-power, com- on-line call sign request a specific ef- mercial and noncommercial radio sta- fective date to take place within 45 tions, not more than 6 commercial days of the submission of its electronic radio stations in total and not more call sign request. Postponement of the than 4 commercial stations in the same effective date will be granted only in service (AM or FM); and response to a timely request and for (iv) In a radio market with 14 or only the most compelling reasons. fewer full-power, commercial and non- (k) Four-letter combinations com- commercial radio stations, not more mencing with ‘‘W’’ or ‘‘K’’ which are than 5 commercial radio stations in assigned as call signs to ships or to total and not more than 3 commercial other radio services are not available stations in the same service (AM or for assignment to broadcast stations, FM); provided, however, that no person with or without the ‘‘-FM’’ or ‘‘-TV’’ or single entity (or entities under com- suffix. mon control) may have a cognizable in- (l) Users of nonlicensed, low-power terest in more than 50% of the full- devices operating under part 15 of this power, commercial and noncommercial chapter may use whatever identifica- radio stations in such market unless tion is currently desired, so long as the combination of stations comprises propriety is observed and no confusion not more than one AM and one FM sta- results with a station for which the tion. FCC issues a license. (2) Overlap between two stations in (m) Where a requested call sign, different services is permissible if nei- without the ‘‘-FM,’ ‘‘-TV,’’ ‘‘-CA’’ or ther of those two stations overlaps a ‘‘LP’’ suffix, would conform to the call third station in the same service. sign of any other non-commonly owned (b) Local television multiple ownership station(s) operating in a different serv- rule. (1) An entity may directly or indi- ice, an applicant utilizing the on-line rectly own, operate, or control two tel- reservation and authorization system evision stations licensed in the same will be required to certify that consent Designated Market Area (DMA) (as de- to use the secondary call sign has been termined by Nielsen Media Research or obtained from the holder of the pri- any successor entity) if: mary call sign. (i) The digital noise limited service contours of the stations (computed in [63 FR 71603, Dec. 29, 1998, as amended at 65 accordance with § 73.622(e)) do not over- FR 30007, May 10, 2000] lap; or (ii) At the time the application to ac- § 73.3555 Multiple ownership. quire or construct the station(s) is (a)(1) Local radio ownership rule. A filed, at least one of the stations is not person or single entity (or entities ranked among the top four stations in under common control) may have a the DMA, based on the most recent all- cognizable interest in licenses for AM day (9 a.m.–midnight) audience share, or FM radio broadcast stations in ac- as measured by Nielsen Media Research cordance with the following limits: or by any comparable professional, ac- (i) In a radio market with 45 or more cepted audience ratings service. full-power, commercial and non- (2) Paragraph (b)(1)(ii) (Top-Four commercial radio stations, not more Prohibition) of this section shall not than 8 commercial radio stations in apply in cases where, at the request of total and not more than 5 commercial the applicant, the Commission makes a stations in the same service (AM or finding that permitting an entity to di- FM); rectly or indirectly own, operate, or

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control two television stations licensed the Notes to this section will be used in the same DMA would serve the pub- to determine attribution for non- lic interest, convenience, and neces- commercial educational FM and TV sity. The Commission will consider applicants, such as in evaluating mutu- showings that the Top-Four Prohibi- ally exclusive applications pursuant to tion should not apply due to specific subpart K of part 73. circumstances in a local market or NOTE 1 TO § 73.3555: The words ‘‘cognizable with respect to a specific transaction interest’’ as used herein include any interest, on a case-by-case basis. direct or indirect, that allows a person or en- (c)–(d) [Reserved] tity to own, operate or control, or that oth- (e) National television multiple owner- erwise provides an attributable interest in, a ship rule. (1) No license for a commer- broadcast station. cial television broadcast station shall NOTE 2 TO § 73.3555: In applying the provi- be granted, transferred or assigned to sions of this section, ownership and other in- any party (including all parties under terests in broadcast licensees will be attributed to their holders and deemed cognizable common control) if the grant, transfer pursuant to the following criteria: or assignment of such license would re- a. Except as otherwise provided herein, sult in such party or any of its stock- partnership and direct ownership interests holders, partners, members, officers or and any voting stock interest amounting to directors having a cognizable interest 5% or more of the outstanding voting stock in television stations which have an of a corporate broadcast licensee will be cog- aggregate national audience reach ex- nizable; ceeding thirty-nine (39) percent. b. Investment companies, as defined in 15 U.S.C. 80a–3, insurance companies and banks (2) For purposes of this paragraph (e): holding stock through their trust depart- (i) National audience reach means the ments in trust accounts will be considered to total number of television households have a cognizable interest only if they hold in the Nielsen Designated Market 20% or more of the outstanding voting stock Areas (DMAs) in which the relevant of a corporate broadcast licensee, or if any of stations are located divided by the the officers or directors of the broadcast li- total national television households as censee are representatives of the investment measured by DMA data at the time of company, insurance company or bank concerned. Holdings by a bank or insurance a grant, transfer, or assignment of a li- company will be aggregated if the bank or cense. For purposes of making this cal- insurance company has any right to deter- culation, UHF television stations shall mine how the stock will be voted. Holdings be attributed with 50 percent of the tel- by investment companies will be aggregated evision households in their DMA mar- if under common management. ket. c. Attribution of ownership interests in a (ii) No market shall be counted more broadcast licensee that are held indirectly than once in making this calculation. by any party through one or more intervening corporations will be determined by (3) Divestiture. A person or entity that successive multiplication of the ownership exceeds the thirty-nine (39) percent na- percentages for each link in the vertical tional audience reach limitation for ownership chain and application of the rel- television stations in paragraph (e)(1) evant attribution benchmark to the result- of this section through grant, transfer, ing product, except that wherever the owner- or assignment of an additional license ship percentage for any link in the chain ex- for a commercial television broadcast ceeds 50%, it shall not be included for pur- station shall have not more than 2 poses of this multiplication. For purposes of paragraph i. of this note, attribution of own- years after exceeding such limitation ership interests in a broadcast licensee that to come into compliance with such are held indirectly by any party through one limitation. This divestiture require- or more intervening organizations will be de- ment shall not apply to persons or en- termined by successive multiplication of the tities that exceed the 39 percent na- ownership percentages for each link in the tional audience reach limitation vertical ownership chain and application of through population growth. the relevant attribution benchmark to the (f) The ownership limits of this sec- resulting product, and the ownership percentage for any link in the chain that ex- tion are not applicable to noncommer- ceeds 50% shall be included for purposes of cial educational FM and noncommer- this multiplication. [For example, except for cial educational TV stations. However, purposes of paragraph i. of this note, if A the attribution standards set forth in owns 10% of company X, which owns 60% of

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company Y, which owns 25% of ‘‘Licensee,’’ this note, it must verify that the organiza- then X’s interest in ‘‘Licensee’’ would be 25% tional document, with respect to the par- (the same as Y’s interest because X’s inter- ticular interest holder exempt from attribu- est in Y exceeds 50%), and A’s interest in tion, establishes that the exempt interest ‘‘Licensee’’ would be 2.5% (0.1 × 0.25). Under holder has no material involvement, directly the 5% attribution benchmark, X’s interest or indirectly, in the management or oper- in ‘‘Licensee’’ would be cognizable, while A’s ation of the media activities of the LLC or interest would not be cognizable. For pur- RLLP. The criteria which would assume ade- poses of paragraph i. of this note, X’s inter- quate insulation for purposes of this certifi- × est in ‘‘Licensee’’ would be 15% (0.6 0.25) cation are described in the Memorandum and A’s interest in ‘‘Licensee’’ would be 1.5% Opinion and Order in MM Docket No. 83–46, × × (0.1 0.6 0.25). Neither interest would be at- FCC 85–252 (released June 24, 1985), as modi- tributed under paragraph i. of this note.] fied on reconsideration in the Memorandum d. Voting stock interests held in trust Opinion and Order in MM Docket No. 83–46, shall be attributed to any person who holds FCC 86–410 (released November 28, 1986). Irre- or shares the power to vote such stock, to any person who has the sole power to sell spective of the terms of the certificate of such stock, and to any person who has the limited partnership or partnership agree- right to revoke the trust at will or to replace ment, or other organizational document in the trustee at will. If the trustee has a famil- the case of an LLC or RLLP, however, no ial, personal or extra-trust business relation- such certification shall be made if the indi- ship to the grantor or the beneficiary, the vidual or entity making the certification has grantor or beneficiary, as appropriate, will actual knowledge of any material involve- be attributed with the stock interests held in ment of the limited partners, or other inter- trust. An otherwise qualified trust will be in- est holders in the case of an LLC or RLLP, effective to insulate the grantor or bene- in the management or operation of the ficiary from attribution with the trust’s as- media-related businesses of the partnership sets unless all voting stock interests held by or LLC or RLLP. the grantor or beneficiary in the relevant 3. In the case of an LLC or RLLP, the li- broadcast licensee are subject to said trust. censee or system seeking insulation shall e. Subject to paragraph i. of this note, certify, in addition, that the relevant state holders of non-voting stock shall not be at- statute authorizing LLCs permits an LLC tributed an interest in the issuing entity. member to insulate itself as required by our Subject to paragraph i. of this note, holders criteria. of debt and instruments such as warrants, g. Officers and directors of a broadcast li- convertible debentures, options or other non- censee are considered to have a cognizable voting interests with rights of conversion to interest in the entity with which they are so voting interests shall not be attributed un- associated. If any such entity engages in less and until conversion is effected. businesses in addition to its primary busi- f. 1. A limited partnership interest shall be ness of broadcasting, it may request the attributed to a limited partner unless that Commission to waive attribution for any of- partner is not materially involved, directly ficer or director whose duties and respon- or indirectly, in the management or oper- sibilities are wholly unrelated to its primary ation of the media-related activities of the business. The officers and directors of a par- partnership and the licensee or system so ent company of a broadcast licensee, with an certifies. An interest in a Limited Liability attributable interest in any such subsidiary Company (‘‘LLC’’) or Registered Limited Li- entity, shall be deemed to have a cognizable ability Partnership (‘‘RLLP’’) shall be attributed to the interest holder unless that interest in the subsidiary unless the duties interest holder is not materially involved, and responsibilities of the officer or director directly or indirectly, in the management or involved are wholly unrelated to the broad- operation of the media-related activities of cast licensee, and a statement properly docu- the partnership and the licensee or system so menting this fact is submitted to the Com- certifies. mission. [This statement may be included on 2. For a licensee or system that is a lim- the appropriate Ownership Report.] The offi- ited partnership to make the certification cers and directors of a sister corporation of set forth in paragraph f. 1. of this note, it a broadcast licensee shall not be attributed must verify that the partnership agreement with ownership of that licensee by virtue of or certificate of limited partnership, with re- such status. spect to the particular limited partner ex- h. Discrete ownership interests will be ag- empt from attribution, establishes that the gregated in determining whether or not an exempt limited partner has no material in- interest is cognizable under this section. An volvement, directly or indirectly, in the individual or entity will be deemed to have a management or operation of the media ac- cognizable investment if: tivities of the partnership. For a licensee or 1. The sum of the interests held by or system that is an LLC or RLLP to make the through ‘‘passive investors’’ is equal to or certification set forth in paragraph f. 1. of exceeds 20 percent; or

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2. The sum of the interests other than the voting power of the corporation or part- those held by or through ‘‘passive investors’’ nership that will own the media outlet, pro- is equal to or exceeds 5 percent; or vided that no other person or entity owns or 3. The sum of the interests computed under controls more than 25 percent of the out- paragraph h. 1. of this note plus the sum of standing stock or partnership interests; or the interests computed under paragraph h. 2. C. More than 50 percent of the voting of this note is equal to or exceeds 20 percent. power of the corporation that will own the i.1. Notwithstanding paragraphs e. and f. of media outlet if such corporation is a publicly this Note, the holder of an equity or debt in- traded company. terest or interests in a broadcast licensee subject to the broadcast multiple ownership j. ‘‘Time brokerage’’ (also known as ‘‘local rules (‘‘interest holder’’) shall have that in- marketing’’) is the sale by a licensee of dis- terest attributed if: crete blocks of time to a ‘‘broker’’ that sup- A. The equity (including all stockholdings, plies the programming to fill that time and whether voting or nonvoting, common or sells the commercial spot announcements in preferred) and debt interest or interests, in it. the aggregate, exceed 33 percent of the total 1. Where two radio stations are both lo- asset value, defined as the aggregate of all cated in the same market, as defined for pur- equity plus all debt, of that broadcast li- poses of the local radio ownership rule con- censee; and tained in paragraph (a) of this section, and a B.(i) The interest holder also holds an in- party (including all parties under common terest in a broadcast licensee in the same control) with a cognizable interest in one market that is subject to the broadcast mul- such station brokers more than 15 percent of tiple ownership rules and is attributable the broadcast time per week of the other under paragraphs of this note other than this such station, that party shall be treated as if paragraph i.; or it has an interest in the brokered station (ii) The interest holder supplies over fif- subject to the limitations set forth in para- teen percent of the total weekly broadcast programming hours of the station in which graph (a) of this section. This limitation the interest is held. For purposes of applying shall apply regardless of the source of the this paragraph, the term, ‘‘market,’’ will be brokered programming supplied by the party defined as it is defined under the specific to the brokered station. multiple ownership rule that is being ap- 2. Where two television stations are both plied, except that for television stations, the located in the same market, as defined in the term ‘‘market’’ will be defined by reference local television ownership rule contained in to the definition contained in the local tele- paragraph (b) of this section, and a party (in- vision multiple ownership rule contained in cluding all parties under common control) paragraph (b) of this section. with a cognizable interest in one such sta- 2. Notwithstanding paragraph i.1. of this tion brokers more than 15 percent of the Note, the interest holder may exceed the 33 broadcast time per week of the other such percent threshold therein without triggering station, that party shall be treated as if it attribution where holding such interest has an interest in the brokered station sub- would enable an eligible entity to acquire a ject to the limitations set forth in para- broadcast station, provided that: graphs (b) and (e) of this section. This limi- i. The combined equity and debt of the in- tation shall apply regardless of the source of terest holder in the eligible entity is less the brokered programming supplied by the than 50 percent, or party to the brokered station. ii. The total debt of the interest holder in 3. Every time brokerage agreement of the the eligible entity does not exceed 80 percent type described in this Note shall be under- of the asset value of the station being ac- taken only pursuant to a signed written quired by the eligible entity and the interest agreement that shall contain a certification holder does not hold any equity interest, op- by the licensee or permittee of the brokered tion, or promise to acquire an equity inter- station verifying that it maintains ultimate est in the eligible entity or any related entity. For purposes of this paragraph i.2, an control over the station’s facilities includ- ‘‘eligible entity’’ shall include any entity ing, specifically, control over station fi- that qualifies as a small business under the nances, personnel and programming, and by Small Business Administration’s size stand- the brokering station that the agreement ards for its industry grouping, as set forth in complies with the provisions of paragraph (b) 13 CFR 121.201, at the time the transaction is of this section if the brokering station is a approved by the FCC, and holds: television station or with paragraph (a) of A. 30 percent or more of the stock or part- this section if the brokering station is a nership interests and more than 50 percent of radio station. the voting power of the corporation or part- k. ‘‘Joint Sales Agreement’’ is an agree- nership that will own the media outlet; or ment with a licensee of a ‘‘brokered station’’ B. 15 percent or more of the stock or part- that authorizes a ‘‘broker’’ to sell adver- nership interests and more than 50 percent of tising time for the ‘‘brokered station.’’

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1. Where two radio stations are both lo- this Note, the Report and Order in Docket cated in the same market, as defined for pur- No. 02–277, released July 2, 2003 (FCC 02–127), poses of the local radio ownership rule con- or the Second Report and Order in MB Dock- tained in paragraph (a) of this section, and a et No. 14–50, FCC 16–107 (released August 25, party (including all parties under common 2016). control) with a cognizable interest in one NOTE 5 TO § 73.3555: Paragraphs (b) and (e) such station sells more than 15 percent of of this section will not be applied to cases in- the advertising time per week of the other volving television stations that are ‘‘sat- such station, that party shall be treated as if ellite’’ operations. Such cases will be consid- it has an interest in the brokered station ered in accordance with the analysis set subject to the limitations set forth in para- forth in the Report and Order in MM Docket graph (a) of this section. No. 87–8, FCC 91–182 (released July 8, 1991), as 2. Every joint sales agreement of the type further explained by the Report and Order in described in this Note shall be undertaken only pursuant to a signed written agreement MB Docket No. 18–63, FCC 19–17, (released that shall contain a certification by the li- March 12, 2019), in order to determine wheth- censee or permittee of the brokered station er common ownership, operation, or control verifying that it maintains ultimate control of the stations in question would be in the over the station’s facilities, including, spe- public interest. An authorized and operating cifically, control over station finances, per- ‘‘satellite’’ television station, the digital sonnel and programming, and by the noise limited service contour of which over- brokering station that the agreement com- laps that of a commonly owned, operated, or plies with the limitations set forth in para- controlled ‘‘non-satellite’’ parent television graph (a) of this section if the brokering sta- broadcast station may subsequently become tion is a radio station. a ‘‘non-satellite’’ station under the cir- NOTE 3 TO § 73.3555: In cases where record cumstances described in the aforementioned and beneficial ownership of voting stock is Report and Order in MM Docket No. 87–8. not identical (e.g., bank nominees holding However, such commonly owned, operated, stock as record owners for the benefit of mu- or controlled ‘‘non-satellite’’ television sta- tual funds, brokerage houses holding stock tions may not be transferred or assigned to in street names for the benefit of customers, a single person, group, or entity except as investment advisors holding stock in their provided in Note 4 of this section. own names for the benefit of clients, and in- NOTE 6 TO § 73.3555: Requests submitted pur- surance companies holding stock), the party suant to paragraph (b)(2) of this section will having the right to determine how the stock be considered in accordance with the anal- will be voted will be considered to own it for ysis set forth in the Order on Reconsider- purposes of these rules. ation in MB Docket Nos. 14–50, et al. (FCC NOTE 4 TO § 73.3555: Paragraphs (a) and (b) 17–156). of this section will not be applied so as to re- NOTE 7 TO § 73.3555: The Commission will quire divestiture, by any licensee, of existing entertain applications to waive the restric- facilities, and will not apply to applications tions in paragraph (b) of this section (the for assignment of license or transfer of con- local television ownership rule) on a case-by- trol filed in accordance with § 73.3540(f) or case basis. In each case, we will require a § 73.3541(b), or to applications for assignment showing that the in-market buyer is the only of license or transfer of control to heirs or entity ready, willing, and able to operate the legatees by will or intestacy, or to FM or AM station, that sale to an out-of-market appli- broadcast minor modification applications for intra-market community of license cant would result in an artificially depressed changes, if no new or increased concentra- price, and that the waiver applicant does not tion of ownership would be created among already directly or indirectly own, operate, commonly owned, operated or controlled or control interest in two television stations broadcast stations. Paragraphs (a) and (b) of within the relevant DMA. One way to satisfy this section will apply to all applications for these criteria would be to provide an affi- new stations, to all other applications for as- davit from an independent broker affirming signment or transfer, to all applications for that active and serious efforts have been major changes to existing stations, and to made to sell the permit, and that no reason- all other applications for minor changes to able offer from an entity outside the market existing stations that seek a change in an has been received. FM or AM radio station’s community of li- We will entertain waiver requests as fol- cense or create new or increased concentra- lows: tion of ownership among commonly owned, 1. If one of the broadcast stations involved operated or controlled broadcast stations. is a ‘‘failed’’ station that has not been in op- Commonly owned, operated or controlled eration due to financial distress for at least broadcast stations that do not comply with four consecutive months immediately prior paragraphs (a) and (b) of this section may to the application, or is a debtor in an invol- not be assigned or transferred to a single untary bankruptcy or insolvency proceeding person, group or entity, except as provided in at the time of the application.

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2. If one of the television stations involved of the top-four rated television stations in is a ‘‘failing’’ station that has an all-day au- the DMA at the time of the agreement. Par- dience share of no more than four per cent; ties should also refer to the Second Report the station has had negative cash flow for and Order in MB Docket No. 14–50, FCC 16–107 three consecutive years immediately prior to (released August 25, 2016). the application; and consolidation of the two stations would result in tangible and [73 FR 9487, Feb. 21, 2008, as amended at 73 verifiable public interest benefits that out- FR 28369, May 16, 2008; 75 FR 27199, May 14, weigh any harm to competition and diver- 2010; 79 FR 29006, May 20, 2014; 81 FR 73041, sity. Oct. 24, 2016; 81 FR 76262, Nov. 1, 2016; 82 FR 3. If the combination will result in the con- 21127, May 5, 2017; 83 FR 755, Jan. 8, 2018; 84 struction of an unbuilt station. The per- FR 15128, Apr. 15, 2019] mittee of the unbuilt station must demonstrate that it has made reasonable efforts § 73.3556 Duplication of programming to construct but has been unable to do so. on commonly owned or time bro- NOTE 8 TO § 73.3555: Paragraph (a)(1) of this kered stations. section will not apply to an application for (a) No commercial AM or FM radio an AM station license in the 535–1605 kHz station shall operate so as to devote band where grant of such application will result in the overlap of 5 mV/m groundwave more than 25 percent of the total hours contours of the proposed station and that of in its average broadcast week to pro- another AM station in the 535–1605 kHz band grams that duplicate those of any sta- that is commonly owned, operated or con- tion in the same service (AM or FM) trolled if the applicant shows that a signifi- which is commonly owned or with cant reduction in interference to adjacent or which it has a time brokerage agree- co-channel stations would accompany such ment if the principal community con- common ownership. Such AM overlap cases will be considered on a case-by-case basis to tours (predicted or measured 5 mV/m determine whether common ownership, oper- groundwave for AM stations and pre- ation or control of the stations in question dicted 3.16 mV/m for FM stations) of would be in the public interest. Applicants in the stations overlap and the overlap such cases must submit a contingent appli- constitutes more than 50 percent of the cation of the major or minor facilities total principal community contour change needed to achieve the interference re- service area of either station. duction along with the application which seeks to create the 5 mV/m overlap situa- (b) For purposes of this section, du- tion. plication means the broadcasting of NOTE 9 TO § 73.3555: Paragraph (a)(1) of this identical programs within any 24 hour section will not apply to an application for period. an AM station license in the 1605–1705 kHz (c) Any party engaged in a time bro- band where grant of such application will re- kerage arrangement which conflicts sult in the overlap of the 5 mV/m with the requirements of paragraph (a) groundwave contours of the proposed station and that of another AM station in the 535– of this section on September 16, 1992, 1605 kHz band that is commonly owned, oper- shall bring that arrangement into com- ated or controlled. pliance within one year thereafter. NOTE 10 TO § 73.3555: Authority for joint [57 FR 18093, Apr. 29, 1992, as amended at 57 ownership granted pursuant to Note 9 will FR 42706, Sept. 16, 1992] expire at 3 a.m. local time on the fifth anniversary for the date of issuance of a con- EFFECTIVE DATE NOTE: At 57 FR 18093, Apr. struction permit for an AM radio station in 29, 1992, § 73.3556 was added, effective Aug. 1, the 1605–1705 kHz band. 1992. At 57 FR 35763, Aug. 11, 1992, the effec- NOTE 11 TO § 73.3555: An entity will not be tive date was deferred pending action by the permitted to directly or indirectly own, op- agency. At 57 FR 37888, Aug. 21, 1992, the ef- erate, or control two television stations in fective date was further deferred. At 57 FR the same DMA through the execution of any 42706, Sept. 16, 1992, paragraph (a) was revised agreement (or series of agreements) involv- and paragraph (c) was added, effective Sept. ing stations in the same DMA, or any indi- 16, 1992. vidual or entity with a cognizable interest in such stations, in which a station (the ‘‘new § 73.3561 Staff consideration of appli- affiliate’’) acquires the network affiliation of cations requiring Commission ac- another station (the ‘‘previous affiliate’’), if tion. the change in network affiliations would result in the licensee of the new affiliate, or Upon acceptance of an application, any individual or entity with a cognizable the complete file is reviewed by the interest in the new affiliate, directly or indi- staff and, except where the application rectly owning, operating, or controlling two is acted upon by the staff pursuant to

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delegation of authority, a report con- (B) Applicant’s signature, taining the recommendations of the (C) Principal community, staff and any other documents required (D) Channel or frequency, is prepared and placed on the Commis- (E) Class of station, and sion’s agenda. (F) Transmitter site coordinates; and [44 FR 38499, July 2, 1979] (ii) The application must not omit more than three of the following sec- § 73.3562 Staff consideration of appli- ond-tier items: cations not requiring action by the (A) A list of the other media inter- Commission. ests of the applicant and its principals, Those applications which do not re- (B) Certification of compliance with quire action by the Commission but the alien ownership provisions con- which, pursuant to the delegations of tained in 47 U.S.C. 310(b), authority set forth in subpart B of part (C) Tower/antenna heights, 0 of this chapter, may be acted upon by (D) Effective radiated power, the Chief, Media Bureau, are forwarded (E) Whether the antenna is direc- to the Media Bureau for necessary ac- tional or omnidirectional, and tion. If the application is granted, the (F) An exhibit demonstrating compli- formal authorization is issued. In any ance with the contour protection re- case where it is recommended that the quirements of 47 CFR 73.215, if applica- application be set for hearing, where a ble. novel question of policy is presented, (3) Applications found not to meet or where the Chief, Media Bureau de- minimum filing requirements will be sires instructions from the Commis- returned to the applicant. Applications sion, the matter is placed on the Com- found to meet minimum filing require- mission agenda. ments, but that contain deficiencies in [67 FR 13233, Mar. 21, 2002] tender and/or acceptance information, shall be given an opportunity for cor- § 73.3564 Acceptance of applications. rective amendment pursuant to 73.3522 (a)(1) Applications tendered for filing of this part. Applications found to be are dated upon receipt and then for- substantially complete and in accord- warded to the Media Bureau, where an ance with the Commission’s core legal administrative examination is made to and technical requirements will be ac- ascertain whether the applications are cepted for filing. Applications with un- complete. Except for applications for corrected tender and/or acceptance de- minor modifications of facilities in the fects remaining after the opportunity non-reserved FM band, as defined in for corrective amendment will be dis- § 73.3573(a)(2), long form applications missed with no further opportunity for subject to the provisions of § 73.5005 amendment. found to be complete or substantially (b) Acceptance of an application for complete are accepted for filing and filing merely means that it has been are given file numbers. In the case of the subject of a preliminary review by minor defects as to completeness, a de- the FCC’s administrative staff as to ficiency letter will be issued and the completeness. Such acceptance will not applicant will be required to supply the preclude the subsequent dismissal of missing or corrective information. Ap- the application if it is found to be pat- plications that are not substantially ently not in accordance with the FCC’s complete will not be considered and rules. will be returned to the applicant. (c) At regular intervals, the FCC will (2) In the case of minor modifications issue a Public Notice listing all long of facilities in the non-reserved FM form applications which have been ac- band, applications will be placed on cepted for filing. Pursuant to public notice if they meet the fol- §§ 73.3571(h), 73.3572, and 73.3573(f), such lowing two-tiered minimum filing re- notice shall establish a cut-off date for quirements as initially filed in first- the filing of petitions to deny. With re- come/first-serve proceedings: spect to reserved band FM applica- (i) The application must include: tions, the Public Notice shall also es- (A) Applicant’s name and address, tablish a cut-off date for the filing of

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mutually exclusive applications pursu- advertently accepted for filing will be ant to § 73.3573(e). However, no applica- dismissed. Requests for waiver shall tion will be accepted for filing unless show the nature of the waiver or excep- certification of compliance with the tion desired and shall set forth the rea- local notice requirements of § 73.3580(h) sons in support thereof. has been made in the tendered applica- (b) If an applicant is requested by the tion. FCC to file any additional documents (d) The FCC will specify by Public or information not included in the pre- Notice, pursuant to § 73.5002, a period scribed application form, a failure to for filing applications for new stations comply with such request will be or for major modifications in the facili- deemed to render the application defec- ties of an existing station. Except for tive, and such application will be dis- reserved band FM stations and TV sta- missed. tions on reserved noncommercial edu- [44 FR 38499, July 2, 1979] cational channels, applications for new and major modifications in facilities § 73.3568 Dismissal of applications. will be accepted only during these win- (a) (1) Failure to prosecute an appli- dow filing periods specified by the cation, or failure to respond to official Commission. correspondence or request for addi- (e) Applications for minor modifica- tional information, will be cause for tion of facilities may be tendered at dismissal. any time, unless restricted by the FCC. (2) Applicants in all broadcast serv- These applications will be processed on ices subject to competitive bidding will a ‘‘first come/first served’’ basis and be subject to the provisions of §§ 73.5002 will be treated as simultaneously ten- and 1.2105(b) regarding the dismissal of dered if filed on the same day. Any ap- their short-form applications. plications received after the filing of a (3) Applicants in all broadcast serv- lead application will be grouped ac- ices subject to competitive bidding will cording to filing date, and placed in a be subject to the provisions of §§ 73.5004, queue behind the lead applicant. The 73.5005 and 1.2104(g) regarding the dis- FCC will periodically release a Public missal of their long-form applications Notice listing those minor modifica- and the imposition of applicable with- tion of facilities applications accepted drawal, default and disqualification for filing. payments. (f) If a non-reserved band FM channel (b)(1) Subject to the provisions of allotment becomes vacant, after the § 73.3525, dismissal of applications for grant of a construction permit becomes channels reserved for noncommercial final, because of a lapsed construction educational use will be without preju- permit or for any other reason, the dice where an application has not yet FCC will, by Public Notice, announce a been designated for hearing, but may subsequent filing window for the ac- be made with prejudice after designa- ceptance of new applications for such tion for hearing. channels. (2) Subject to the provisions of (g) Applications for operation in the § 73.3525, requests to dismiss an applica- 1605–1705 kHz band will be accepted tion for a channel reserved for non- only if filed pursuant to the terms of commercial educational use, without § 73.30(b). prejudice, after it has been designated [63 FR 48624, Sept. 11, 1998, as amended at 64 for hearing, will be considered only FR 56978, Oct. 22, 1999; 67 FR 13233, Mar. 21, upon written petition properly served 2002] upon all parties of record. Such requests shall be granted only upon a § 73.3566 Defective applications. showing that the request is based on (a) Applications which are deter- circumstances wholly beyond the appli- mined to be patently not in accordance cant’s control which preclude further with the FCC rules, regulations, or prosecution of his application. other requirements, unless accom- (c) Subject to the provisions of panied by an appropriate request for §§ 73.3523 and 73.3525, any application waiver, will be considered defective and for minor modification of facilities will not be accepted for filing or if in- may, upon request of the applicant, be

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dismissed without prejudice as a mat- provided for in paragraph (h)(1)(i) of ter of right. this section. (d) An applicant’s request for the re- (c) An application for changes in the turn of an application that has been ac- facilities of an existing station will cepted for filing will be regarded as a continue to carry the same file number request for dismissal. even though (pursuant to FCC ap- [63 FR 48624, Sept. 11, 1998] proval) an assignment of license or transfer of control of said licensee or § 73.3571 Processing of AM broadcast permittee has taken place if, upon con- station applications. summation, the application is amended (a) Applications for AM broadcast fa- to reflect the new ownership. cilities are divided into three groups. (d) If, upon examination, the FCC (1) In the first group are applications finds that the public interest, conven- for new stations or for major changes ience and necessity will be served by in the facilities of authorized stations. the granting of an application, the A major change for an AM station au- same will be granted. If the FCC is un- thorized under this part is any change able to make such a finding and it ap- in frequency, except frequency changes pears that a hearing may be required, to non-expanded band first, second or the procedure set forth in § 73.3593 will third adjacent channels. A major be followed. change in ownership is a situation (e) Applications proposing to in- where the original party or parties to crease the power of an AM station are the application do not retain more subject to the following requirements: than 50% ownership interest in the ap- (1) In order to be acceptable for fil- plication as originally filed. A major ing, any application which does not in- change in community of license is one volve a change in site must propose at in which the applicant’s daytime facili- least a 20% increase in the station’s ties at the proposed community are not nominal power. mutually exclusive, as defined in (2) Applications involving a change in § 73.37, with the applicant’s current site are not subject to the require- daytime facilities, or any change in ments in paragraph (e)(1) of this sec- community of license of an AM station tion. in the 1605–1705 kHz band. All other (3) Applications for nighttime power changes will be considered minor. increases for Class D stations are not (2) The second group consists of ap- subject to the requirements of this sec- plications for licenses and all other tion and will be processed as minor changes in the facilities of authorized changes. stations. (4) The following special procedures (3) The third group consists of appli- will be followed in authorizing Class II- cations for operation in the 1605–1705 D daytime-only stations on 940 and 1550 kHz band which are filed subsequent to kHz, and Class III daytime-only sta- FCC notification that allotments have tions on the 41 regional channels listed been awarded to petitioners under the in § 73.26(a), to operate unlimited-time. procedure specified in § 73.30. (i) Each eligible daytime-only station (b)(1) The FCC may, after acceptance in the foregoing categories will receive of an application for modification of fa- an Order to Show Cause why its license cilities, advise the applicant that such should not be modified to specify oper- application is considered to be one for ation during nighttime hours with the a major change and therefore is subject facilities it is licensed to start using at to the provisions of §§ 73.3522, 73.3580 local sunrise, using the power stated in and 1.1111 of this chapter pertaining to the Order to Show Cause, that the major changes. Such major modifica- Commission finds is the highest night- tion applications will be dismissed as time level—not exceeding 0.5 kW—at set forth in paragraph (h)(1)(i) of this which the station could operate with- section. out causing prohibited interference to (2) An amendment to an application other domestic or foreign stations, or which would effect a major change, as to co-channel or adjacent channel sta- defined in paragraph (a)(1) of this sections for which pending applications tion, will not be accepted except as were filed before December 1, 1987.

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(ii) Stations accepting such modifica- found to be mutually exclusive, must tion shall be reclassified. Those author- be resolved through settlement or tech- ized in such Show Cause Orders to op- nical amendment. Conflicting applica- erate during nighttime hours with a tions received after the filing of a first power of 0.25 kW or more, or with a acceptable application will be grouped, power that, although less than 0.25 kW, according to filing date, behind the is sufficient to enable them to attain lead application in a queue. The pri- RMS field strengths of 141 mV/m or ority rights of the lead applicant, more at 1 kilometer, shall be redesig- against all other applicants, are deter- nated as Class II-B stations if they are mined by the date of filing, but the fil- assigned to 940 or 1550 kHz, and as un- ing date for subsequent, conflicting ap- limited-time Class III stations if they plicants only reserves a place in the are assigned to regional channels. queue. The rights of an applicant in a (iii) Stations accepting such modi- queue ripen only upon a final deter- fication that are authorized to operate mination that the lead applicant is un- during nighttime hours at powers less acceptable and if the queue member is than 0.25 kW, and that cannot with reached and found acceptable. The such powers attain RMS field strengths queue will remain behind the lead ap- of 141 mV/m or more at 1 kilometer, plicant until a construction permit is shall be redesignated as Class II-S sta- finally granted, at which time the tions if they are assigned to 940 or 1550 queue dissolves. kHz, and as Class III-S stations if they (g) Applications for change of license are assigned to regional channels. to change hours of operation of a Class (iv) Applications for new stations C AM broadcast station, to decrease may be filed at any time on 940 and hours of operation of any other class of 1550 kHz and on the regional channels. station, or to change station location Also, stations assigned to 940 or 1550 involving no change in transmitter site kHz, or to the regional channels, may will be considered without reference to at any time, regardless of their classi- the processing line. fications, apply for power increases up (h) Processing new and major AM to the maximum generally permitted. broadcast station applications. (1)(i) The Such applications for new or changed FCC will specify by Public Notice, pur- facilities will be granted without tak- suant to § 73.5002, a period for filing AM ing into account interference caused to applications for a new station or for Class II-S or Class III-S stations, but major modifications in the facilities of will be required to show interference an authorized station. AM applications protection to other classes of stations, for new facilities or for major modi- including stations that were previously fications, whether for commercial classified as Class II-S or Class III-S, broadcast stations or noncommercial but were later reclassified as Class II-B educational broadcast stations, as de- or Class III unlimited-time stations as scribed in 47 U.S.C. 397(6), will be ac- a result of subsequent facilities modi- cepted only during these specified peri- fications that permitted power in- ods. Applications submitted prior to creases qualifying them to discontinue the appropriate filing period or ‘‘win- their ‘‘S’’ subclassification. dow’’ opening date identified in the (f) Applications for minor modifica- Public Notice will be returned as pre- tions for AM broadcast stations, as de- mature. Applications submitted after fined in paragraph (a)(2) of this section, the specified deadline will be dismissed may be filed at any time, unless re- with prejudice as untimely. stricted by the FCC, and will be proc- (ii)(A) Such AM applicants will be essed on a ‘‘first come/first served’’ subject to the provisions of §§ 1.2105 of basis, with the first acceptable applica- this chapter and 73.5002 regarding the tion cutting off the filing rights of sub- submission of the short-form applica- sequent, conflicting applicants. The tion, FCC Form 175, and all appropriate FCC will periodically release a Public certifications, information and exhib- Notice listing those applications ac- its contained therein. Applications cepted for filing. Applications received must include the following engineering on the same day will be treated as si- data: multaneously filed and, if they are (1) Community of license;

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(2) Frequency; Determinations as to the acceptability (3) Class; or grantability of an applicant’s pro- (4) Hours of operations (day, night, posal will not be made prior to an auc- critical hours); tion. (5) Power (day, night, critical hours); (iii) AM applicants will be subject to (6) Antenna location (day, night, crit- the provisions of §§ 1.2105 and 73.5002 re- ical hours); and garding the modification and dismissal (7) All other antenna data. of their short-form applications. (B) Applications lacking data (in- (2) Subsequently, the FCC will re- cluding any form of placeholder, such lease Public Notices: as inapposite use of ‘‘0’’ or ‘‘not appli- (i) Identifying the short-form applicable’’ or an abbreviation thereof) in cations received during the window fil- any of the categories listed in para- ing period which are found to be mutu- graph (h)(1)(ii)(A) of this section will ally exclusive, including any applica- be immediately dismissed as incom- tions for noncommercial educational plete without an opportunity for broadcast stations, as described in 47 amendment. The staff will review the U.S.C. 397(6), as well as the procedures remaining applications to determine the FCC will use to resolve the mutu- whether they meet the following basic ally exclusive applications; eligibility criteria: (ii) Establishing a date, time and (1) Community of license coverage place for an auction; (day and night) as set forth in § 73.24(i), (iii) Providing information regarding and the methodology of competitive bid- (2) Protection of co- and adjacent- ding to be used in the upcoming auc- channel station licenses, construction tion, bid submission and payment pro- permits and prior-filed applications cedures, upfront payment procedures, (day and night) as set forth in §§ 73.37 upfront payment deadlines, minimum and 73.182. opening bid requirements and applica- (C) If the staff review shows that an ble reserve prices in accordance with application does not meet one or more the provisions of § 73.5002; of the basic eligibility criteria listed in (iv) Identifying applicants who have paragraph (h)(1)(ii)(B) of this section, submitted timely upfront payments it will be deemed ‘‘technically ineli- and, thus, are qualified to bid in the gible for filing’’ and will be included on auction. a Public Notice listing defective appli- (3) After the close of the filing win- cations and setting a deadline for the dow, the FCC will also release a Public submission of curative amendments. Notice identifying any short-form ap- An application listed on that Public plications received which are found to Notice may be amended only to the ex- be non-mutually exclusive, including tent directly related to an identified any applications for noncommercial deficiency in the application. The educational broadcast stations, as de- amendment may modify the proposed scribed in 47 U.S.C. 397(6). All non-mu- power, class (within the limits set tually exclusive applicants will be re- forth in § 73.21 of the rules), antenna lo- quired to submit an appropriate long cation or antenna data, but not the form application within 30 days of the proposed community of license or fre- Public Notice and, for applicants for quency. Except as set forth in the pre- commercial broadcast stations, pursu- ceding two sentences, amendments to ant to the provisions of § 73.5005(d). short-form (FCC Form 175) applications Non-mutually exclusive applications will not be accepted at any time. Appli- for commercial broadcast stations will cations that remain technically ineli- be processed and the FCC will periodi- gible after the close of this amendment cally release a Public Notice listing period will be dismissed, and the staff such non-mutually exclusive applica- will determine which remaining appli- tions determined to be acceptable for cations are mutually exclusive. The en- filing and announcing a date by which gineering proposals in eligible applica- petitions to deny must be filed in actions remaining after the close of the cordance with the provisions of amendment period will be protected §§ 73.5006 and 73.3584. Non-mutually ex- from subsequently filed applications. clusive applications for noncommercial

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educational broadcast stations, as de- the public interest, convenience and scribed in 47 U.S.C. 397(6), will be proc- necessity will be served. essed and the FCC will periodically re- (iii) All long-form applications will lease a Public Notice listing such non- be cutoff as of the date of filing with mutually exclusive applications deter- the FCC and will be protected from mined to be acceptable for filing and subsequently filed long-form applica- announcing a date by which petitions tions. Applications will be required to to deny must be filed in accordance protect all previously filed commercial with the provisions of §§ 73.7004 and and noncommercial applications. Sub- 73.3584. If the applicant is duly quali- ject to the restrictions set forth in fied, and upon examination, the FCC paragraph (k) of this section, winning finds that the public interest, conven- bidders filing long-form applications ience and necessity will be served by may change the technical proposals the granting of the non-mutually ex- specified in their previously submitted clusive long form application, the same short-form applications, but such will be granted. change may not constitute a major (4)(i) The auction will be held pursu- change. If the submitted long-form ap- ant to the procedures set forth in plication would constitute a major §§ 1.2101 et seq. and 73.5000 et seq. Subse- change from the proposal submitted in quent to the auction, the FCC will re- the short-form application, the long- lease a Public Notice announcing the form application will be returned pur- close of the auction and identifying the suant to paragraph (h)(1)(i) of this sec- winning bidders. Winning bidders will tion. be subject to the provisions of § 1.2107 of this chapter regarding down pay- (i) In order to grant a major or minor ments and will be required to submit change application made contingent the appropriate down payment within upon the grant of another licensee’s re- 10 business days of the Public Notice. quest for a facility modification, the Pursuant to § 1.2107 of this chapter and Commission will not consider mutually § 73.5005, a winning bidder that meets exclusive applications by other parties its down payment obligations in a that would not protect the currently timely manner must, within 30 days of authorized facilities of the contingent the release of the Public Notice an- applicants. Such major change applica- nouncing the close of the auction, sub- tions remain, however, subject to the mit the appropriate long-form applica- provisions of §§ 73.3580 and 1.1111. The tion for each construction permit for Commission shall grant contingent re- which it was the winning bidder. Long- quests for construction permits for sta- form applications filed by winning bid- tion modifications only upon a finding ders shall include the exhibits identi- that such action will promote the pub- fied in § 73.5005(a). lic interest, convenience and necessity. (ii) Winning bidders are required to (j) Applications proposing to change pay the balance of their winning bids the community of license of an AM sta- in a lump sum prior to the deadline es- tion, except for an AM station in the tablished by the Commission pursuant 1605–1705 kHz band, are considered to be to § 1.2109(a). Long-form construction minor modifications under paragraphs permit applications will be processed (a)(2) and (f) of this section, and are and the FCC will periodically release a subject to the following requirements: Public Notice listing such applications (1) The applicant must attach an ex- that have been accepted for filing and hibit to its application containing in- announcing a date by which petitions formation demonstrating that the pro- to deny must be filed in accordance posed community of license change with the provisions of §§ 73.5006 and constitutes a preferential arrangement 73.3584. Construction permits will be of assignments under Section 307(b) of granted by the Commission only after the Communications Act of 1934, as full and timely payment of winning amended (47 U.S.C. 307(b)); bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that

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(2) The daytime facilities specified by in the same window. Two applications would the applicant at the proposed commu- be deemed to be mutually exclusive if either nity of license must be mutually exclu- application would be subject to dismissal be- sive, as defined in § 73.37, with the ap- cause it would enter into, i.e., raise, the twenty-five percent exclusion RSS nighttime plicant’s current daytime facilities; limit of the other. and (3) Notwithstanding the provisions of [63 FR 48625, Sept. 11, 1998, as amended at 64 § 73.3580(a), the applicant must comply FR 19501, Apr. 21, 1999; 67 FR 45374, July 9, with the local public notice provisions 2002; 68 FR 26227, May 15, 2003; 71 FR 6228, Feb. 7, 2006; 71 FR 76219, Dec. 20, 2006; 75 FR of §§ 73.3580(c)(3), 73.3580(d)(3), and 9806, Mar. 4, 2010; 76 FR 18952, Apr. 6, 2011] 73.3580(f). The exception contained in § 73.3580(e) shall not apply to an appli- § 73.3572 Processing of TV broadcast, cation proposing to change the commu- Class A TV broadcast, low power nity of license of an AM station. TV, TV translators, and TV booster (k)(1) An AM applicant receiving a applications. dispositive Section 307(b) preference is (a) Applications for TV stations are required to construct and operate tech- divided into two groups: nical facilities substantially as pro- (1) In the first group are applications posed in its FCC Form 175. An AM ap- for new stations or major changes in plicant, licensee, or permittee receiv- the facilities of authorized stations. A ing a dispositive Section 307(b) pref- major change for TV broadcast sta- erence based on its proposed service to tions authorized under this part is any underserved populations (under Pri- ority (1), Priority (2), and Priority (4)) change in frequency or community of or service totals (under Priority (4)) license which is in accord with a may modify its facilities so long as it present allotment contained in the continues to provide the same priority Table of Allotments (§ 73.606). Other re- service to substantially the same num- quests for change in frequency or com- ber of persons who would have received munity of license for TV broadcast sta- service under the initial proposal, even tions must first be submitted in the if the population is not the same popu- form of a petition for rulemaking to lation that would have received such amend the Table of Allotments. service under the initial proposal. For (2) In the case of Class A TV stations purposes of this provision, ‘‘substan- authorized under subpart J of this part tially’’ means that any proposed modi- and low power TV, TV translator, and fication must not result in a decrease TV booster stations authorized under of more than 20 percent of any popu- part 74 of this chapter, a major change lation figure that was a material factor is any change in: in obtaining the dispositive Section (i) Frequency (output channel), ex- 307(b) preference. cept a change in offset carrier fre- (2) An AM applicant, licensee, or per- quency; or mittee that has received a dispositive (ii) Transmitting antenna location preference under Priority (3) will be where the protected contour resulting prohibited from changing its commu- from the change is not predicted to nity of license. overlap any portion of the protected (3) The restrictions set forth in para- contour based on the station’s author- graphs (k)(1) and (k)(2) of this section ized facilities. will be applied for a period of four (3) Other changes will be considered years of on-air operations. This holding minor including changes made to im- period does not apply to construction plement a channel sharing arrange- permits that are awarded on a non- ment provided they comply with the comparative basis, such as those other provisions of this section and awarded to non-mutually exclusive ap- provided, until October 1, 2000, pro- plicants or through settlement. posed changes to the facilities of Class A TV, low power TV, TV translator and NOTE TO § 73.3571: For purposes of paragraph (h)(1)(ii) of this section, § 73.182(k) in- TV booster stations, other than a terference standards apply when determining change in frequency, will be considered nighttime mutual exclusivity between appli- minor only if the change(s) will not in- cations to provide AM service that are filed crease the signal range of the Class A

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TV, low power TV or TV booster in any (iii) A Class A TV station which is horizontal direction. causing or receiving interference or is (4) The following provisions apply to predicted to cause or receive inter- displaced Class A TV, low power TV, ference to or from an authorized TV TV translator and TV booster stations: broadcast station pursuant to § 73.6011 (i) In the case of an authorized low or § 73.613; a DTV station or allotment power TV, TV translator or TV booster pursuant to § 73.6013 or § 73.623, or which which is predicted to cause or receive is located within the distances speci- interference to or from an authorized fied below in paragraph (iv) of this sec- TV broadcast station pursuant to tion to the coordinates of co-channel § 74.705 of this chapter or interference DTV authorizations (or allotment table with broadcast or other services under coordinates if there are no authorized § 74.703 or § 74.709 of this chapter, an ap- facilities at different coordinates); or plication for a change in output chan- other service that protects and/or is nel, together with technical modifica- protected by Class A TV stations, may at any time file a displacement relief tions which are necessary to avoid in- application for a change in channel, to- terference (including a change in an- gether with technical modifications tenna location of less than 16.1km), that are necessary to avoid inter- will not be considered as an application ference or continue serving the sta- for a major change in those facilities. tion’s protected service area, provided (ii) Provided further, that a low the station’s protected contour result- power TV, TV translator or TV booster ing from a relocation of the transmit- station authorized on a channel from ting antenna is predicted to overlap channel 52 to 69, or which is causing or some portion of the protected contour receiving interference or is predicted based on its authorized facilities. A to cause or receive interference to or Class A TV station displacement relief from an authorized DTV station pursu- applications will be considered major ant to § 74.706 of this chapter, or which change applications, and will be placed is located within the distances speci- on public notice for a period of not less fied in paragraph (4)(iv) of this section than 30 days to permit the filing of pe- to the coordinates of co-channel DTV titions to deny. However, these appli- authorizations (or allotment table co- cations will not be subject to the filing ordinates if there are no authorized fa- of competing applications. Where a cilities at different coordinates), may Class A displacement relief application at any time file a displacement relief becomes mutually exclusive with appli- application for a change in output cations for new low power TV, TV channel, together with any technical translator or TV booster stations, or modifications which are necessary to with other non-displacement relief ap- avoid interference or continue serving plications for facilities modifications the station’s protected service area. of Class A TV, low power TV, TV trans- Such an application will not be consid- lator or TV booster stations, priority ered as an application for a major will be afforded to the Class A TV dis- change in those facilities. Where such placement relief application(s) to the an application is mutually exclusive exclusion of other applications. Mutu- with applications for new low power ally exclusive displacement relief ap- TV, TV translator or TV booster sta- plications of Class A TV, low power tions, or with other nondisplacement TV, TV translators or TV booster sta- relief applications for facilities modi- tions filed on the same day will be sub- fications of Class A TV, low power TV, ject to competitive bidding procedures TV translator or TV booster stations, if the mutual exclusivity is not re- priority will be afforded to the dis- solved by an engineering solution. placement application(s) to the exclu- (iv)(A) The geographic separations to sion of other applications, provided the co-channel DTV facilities or allotment permittee or licensee had tendered its reference coordinates, as applicable, initial application for a new LPTV or within which to qualify for displace- TV translator station to operate on ment relief are the following: channels 52–69 prior to the August 2000 (1) Stations on UHF channels: 265 km filing window. (162 miles)

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(2) Stations on VHF channels 2–6: 280 cant will have the opportunity to with- km (171 miles) draw the amendment at any time prior (3) Stations on VHF channels 7–13: 260 to designation for a hearing if applica- km (159 miles) ble; and may be afforded, subject to the (B) Engineering showings of pre- discretion of the Administrative Law dicted interference may also be sub- Judge, an opportunity to withdraw the mitted to justify the need for displace- amendment after designation for a ment relief. hearing. (v) Provided further, that the FCC (d)(1) The FCC will specify by Public may, within 15 days after acceptance of Notice, a period for filing applications any other application for modification for new television stations on reserved of facilities, advise the applicant that noncommercial educational channels such application is considered to be one for a major change and therefore sub- or for major modifications in the facili- ject to the provisions of §§ 73.3522, ties of an authorized station on re- 73.3580, and 1.1111 of this chapter per- served channels. TV reserved channel taining to major changes. Such major applications for new facilities or for modification applications filed for major modifications will be accepted Class A TV, low power TV, TV trans- only during the appropriate filing pe- lator, TV booster stations, and for a riod or ‘‘window.’’ Applications sub- non-reserved television allotment, are mitted prior to the window opening subject to competitive bidding proce- date identified in the Public Notice dures and will be dismissed if filed out- will be returned as premature. Applica- side a specified filing period. See 47 tions submitted after the specified CFR 73.5002(a). deadline will be dismissed with preju- (b) A new file number will be as- dice as untimely. Mutually exclusive signed to an application for a new sta- applications for reserved channel tele- tion or for major changes in the facili- vision stations will be resolved using ties of an authorized station, when it is the point system in subpart K of this amended so as to effect a major part. change, as defined in paragraphs (a)(1) (2) Concurrently with the filing of a or (a)(2) of this section, or result in a new or major modification application situation where the original party or for a reserved noncommercial edu- parties to the application do not retain cational channel, the applicant shall more than 50% ownership interest in submit to the FCC’s public reference the application as originally filed and § 73.3580 will apply to such amended ap- room and to a local public inspection plication. An application for change in file consistent with § 73.3527(e)(2), sup- the facilities of any existing station porting documentation of points will continue to carry the same file claimed, as described in the application number even though (pursuant to FCC form. approval) an assignment of license or (e) The FCC will specify by Public transfer of control of such licensee or Notice a period for filing applications permittee has taken place if, upon con- for a new non-reserved television, low summation, the application is amended power TV and TV translator stations to reflect the new ownership. or for major modifications in the facili- (c) Amendments to Class A TV, low ties of such authorized stations, wheth- power TV, TV translator, TV booster er for commercial broadcast stations or stations, or non-reserved television ap- noncommercial educational broadcast plications, which would require a new stations, as described in 47 U.S.C. file number pursuant to paragraph (b) 397(6), and major modifications in the of this section, are subject to competi- facilities of Class A TV stations. tive bidding procedures and will be dis- (f) Applications for minor modifica- missed if filed outside a specified filing tion of Class A TV, low power TV, TV period. See 47 CFR 73.5002(a). When an translator and TV booster stations amendment to an application for a re- may be filed at any time, unless reserved television allotment would require a new file number pursuant to stricted by the FCC, and will be proc- paragraph (b) of this section, the appli- essed on a ‘‘first-come/first-served’’

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basis, with the first acceptable applica- change in frequency other than to a tion cutting off the filing rights of sub- first-, second-, or third-adjacent chan- sequent, competing applicants. Pro- nel. A major facility change for a com- vided, however, that applications for mercial or a noncommercial edu- minor modifications of Class A TV and cational full service FM station, a win- those of TV broadcast stations may be- ning auction bidder, or a tentative se- come mutually exclusive until grant of lectee authorized or determined under a pending Class A TV or TV broadcast this part is any change in frequency or minor modification application. community of license which is not in (g) TV booster station applications accord with its current assignment, ex- may be filed at any time. Subsequent cept for the following: to filing, the FCC will release a Public (i) A change in community of license Notice accepting for filing and pro- which complies with the requirements posing for grant those applications of paragraph (g) of this section; which are not mutually exclusive with (ii) A change to a higher or lower any other TV translator, low power class co-channel, first-, second-, or TV, TV booster, or Class A TV applica- third-adjacent channel, or inter- tion, and providing for the filing of Pe- mediate frequency; titions To Deny pursuant to § 73.3584. (iii) A change to a same-class first-, (h) Class A TV station licensees shall second-, or third-adjacent channel, or file a license application for either the intermediate frequency; flash cut channel or the digital com- (iv) A channel substitution, subject panion channel they choose to retain for post-transition digital operations. to the provisions of Section 316 of the Class A TV stations will retain pri- Communications Act for involuntary mary, protected regulatory status on channel substitutions. their desired post-transition digital (2) The second group consists of ap- channel. Class A TV applicants must plications for licenses and all other certify that their proposed post-transi- changes in the facilities of authorized tion digital facilities meet all Class A stations. TV interference protection require- (b)(1) The FCC may, after the accept- ments. ance of an application for modification of facilities, advise the applicant that [63 FR 48626, Sept. 11, 1998, as amended at 65 such application is considered to be one FR 30007, May 10, 2000; 65 FR 36379, June 8, 2000; 67 FR 5513, Feb. 6, 2002; 67 FR 45374, July for a major change and therefore sub- 9, 2002; 68 FR 26227, May 15, 2003; 76 FR 44827, ject to the provisions of §§ 73.3522, July 27, 2011; 82 FR 18249, Apr. 18, 2017] 73.3580 and 1.1111 of this chapter pertaining to major changes. Such major § 73.3573 Processing FM broadcast sta- modification applications in the non- tion applications. reserved band will be dismissed as set (a) Applications for FM broadcast forth in paragraph (f)(2)(i) of this sec- stations are divided into two groups: tion. (1) In the first group are applications (2) An amendment to a non-reserved for new stations or for major changes band application which would effect a of authorized stations. A major change major change, as defined in paragraph in ownership is any change where the (a)(1) of this section, will not be ac- original party or parties to the applica- cepted, except as provided for in para- tion do not retain more than 50 percent graph (f)(2)(i) of this section. ownership interest in the application (3) A new file number will be assigned as originally filed. In the case of a to a reserved band application for a Class D or an NCE FM reserved band new station or for major changes in the channel station, a major facility facilities of an authorized station, change is any change in antenna loca- when it is amended so as to effect a tion which would not continue to pro- major change, as defined in paragraph vide a 1 mV/m service to some portion (a)(1) of this section. Where an amend- of its previously authorized 1 mV/m ment to a reserved band application service area. In the case of a Class D would require a new file number, the station, a major facility change is any applicant will have the opportunity to change in community of license or any withdraw the amendment at any time

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prior to designation for hearing, if ap- final determination that the lead appli- plicable; and may be afforded, subject cant is unacceptable and that the to the discretion of the Administrative queue member is reached and found ac- Law Judge, an opportunity to with- ceptable. The queue will remain behind draw the amendment after designation the lead applicant until the construc- for hearing. tion permit is finally granted, at which (c) An application for changes in the time the queue dissolves. facilities of any existing station will (2) The FCC will specify by Public continue to carry the same file number Notice a period for filing reserved even though (pursuant to FCC ap- channel FM applications for a new sta- proval) an assignment of license or tion or for major modifications in the transfer of control of such licensee or facilities of an authorized station. FM permittee has taken place if, upon con- reserved channel applications for new summation, the application is amended facilities or for major modifications to reflect the new ownership. will be accepted only during the appro- (d) If, upon examination, the FCC priate filing period or ‘‘window.’’ Appli- finds that the public interest, conven- cations submitted prior to the window ience and necessity will be served by opening date identified in the Public the granting of an application for FM Notice will be returned as premature. broadcast facilities, the same will be Applications submitted after the speci- granted. If the FCC is unable to make fied deadline will be dismissed with such a finding and it appears that a prejudice as untimely. hearing may be required, the procedure (3) Concurrently with the filing of a given in § 73.3593 will be followed. In the new or major modification application case of mutually exclusive applications for reserved channels, the procedures for a reserved noncommercial edu- in subpart K of this part will be fol- cational channel, the applicant shall lowed. In the case of mutually exclu- submit to the FCC’s public reference sive applications for unreserved chan- room and to a local public inspection nels, the procedures in subpart I of this file consistent with § 73.3527(e)(2), sup- part will be followed. porting documentation of points (e) Processing reserved channel FM claimed, as described in the application broadcast station applications. (1) Appli- form. cations for minor modifications for re- (4) Timely filed applications for new served channel FM broadcast stations, facilities or for major modifications for as defined in paragraph (a)(2) of this reserved FM channels will be processed section, may be filed at any time, un- pursuant to the procedures set forth in less restricted by the FCC, and will be subpart K of this part (§ 73.7000 et seq.) processed on a ‘‘first come/first served’’ Subsequently, the FCC will release basis, with the first acceptable applica- Public Notices identifying: mutually tion cutting off the filing rights of sub- exclusive groups of applications; appli- sequent, competing applicants. The cations selected pursuant to the fair FCC will periodically release a Public distribution procedures set forth in Notice listing those applications ac- § 73.7002; applications received during cepted for filing. Conflicting applica- the window filing period which are tions received on the same day will be found to be non-mutually exclusive; treated as simultaneously filed and tentative selectees determined pursu- mutually exclusive. Conflicting appli- ant to the point system procedures set cations received after the filing of the forth in § 73.7003; and acceptable appli- first acceptable application will be cations. The Public Notices will also grouped, according to filing date, be- announce: additional procedures to be hind the lead application in the queue. followed for certain groups of applica- The priority rights of the lead appli- tions; deadlines for filing additional in- cant, against all other applicants, are formation; and dates by which peti- determined by the date of filing, but tions to deny must be filed in accord- the filing date for subsequent con- ance with the provisions of § 73.3584. If flicting applicants only reserves a the applicant is duly qualified, and place in the queue. The right of an ap- upon examination, the FCC finds that plicant in a queue ripens only upon a the public interest, convenience and

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necessity will be served by the grant- date identified in the Public Notice ing of the application, it will be grant- will be returned as premature. Applica- ed. If an application is determined un- tions submitted after the specified acceptable for filing, the application deadline will be dismissed with preju- will be returned, and subject to the dice as untimely. amendment requirements of § 73.3522. (ii) Such FM applicants will be sub- (f) Processing non-reserved FM broad- ject to the provisions of §§ 1.2105 and cast station applications. (1) Applica- 73.5002 regarding the submission of the tions for minor modifications for non- short-form application, FCC Form 175, reserved FM broadcast stations, as de- and all appropriate certifications, in- fined in paragraph (a)(2) of this section, formation and exhibits contained may be filed at any time, unless re- therein. FM applicants may submit a stricted by the FCC, and, generally, set of preferred site coordinates as a will be processed in the order in which supplement to the short-form applica- they are tendered. The FCC will peri- tion. Any specific site indicated by FM odically release a Public Notice listing applicants will not be studied for tech- those applications accepted for filing. nical acceptability, but will be pro- Processing of these applications will be tected from subsequently filed applica- on a ‘‘first come/first serve’’ basis with tions as a full-class facility as of the the first acceptable application cutting close of the window filing period. De- off the filing rights of subsequent ap- terminations as to the acceptability or plicants. All applications received on grantability of an applicant’s proposal the same day will be treated as simul- will not be made prior to an auction. taneously tendered and, if they are (iii) FM applicants will be subject to found to be mutually exclusive, must the provisions of §§ 1.2105 and 73.5002(c) be resolved through settlement or tech- regarding the modification and dis- nical amendment. Applications re- missal of their short-form applications. ceived after the tender of a lead appli- (3) Subsequently, the FCC will re- cation will be grouped, according to fil- lease Public Notices: ing date, behind the lead application in (i) Identifying the short-form appli- a queue. The priority rights of the lead cations received during the window fil- applicant, as against all other appli- ing period which are found to be mutu- cants, are determined by the date of ally exclusive, including any applica- filing, but the filing date for subse- tions for noncommercial educational quent applicants for that channel and broadcast stations, as described in 47 community only reserves a place in the U.S.C. 397(6), as well as the procedures queue. The rights of an applicant in a the FCC will use to resolve the mutu- queue ripen only upon a final deter- ally exclusive applications; mination that the lead applicant is un- (ii) Establishing a date, time and acceptable and if the queue member is place for an auction; reached and found acceptable. The (iii) Providing information regarding queue will remain behind the lead ap- the methodology of competitive bid- plicant until a construction permit is ding to be used in the upcoming auc- finally granted, at which time the tion, bid submission and payment pro- queue dissolves. cedures, upfront payment procedures, (2)(i) The FCC will specify by Public upfront payment deadlines, minimum Notice, pursuant to § 73.5002(a), a period opening bid requirements and applica- for filing non-reserved band FM appli- ble reserve prices in accordance with cations for a new station or for major the provisions of § 73.5002; modifications in the facilities of an au- (iv) Identifying applicants who have thorized station. FM applications for submitted timely upfront payments new facilities or for major modifica- and, thus, are qualified to bid in the tions, whether for commercial broad- auction. cast stations or noncommercial edu- (4) If, after the close of the appro- cational broadcast stations, as de- priate window filing period, a non-re- scribed in 47 U.S.C. 397(6), will be ac- served FM allotment remains vacant, cepted only during the appropriate fil- the window remains closed until the ing period or ‘‘window.’’ Applications FCC, by Public Notice, specifies a sub- submitted prior to the window opening sequent period for filing non-reserved

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band FM applications for a new station tablished by the Commission pursuant or for major modifications in the facili- to § 1.2109(a) of this chapter. Long-form ties of an authorized station pursuant construction permit applications will to paragraph (f)(2)(i) of this section. be processed and the FCC will periodi- After the close of the filing window, cally release a Public Notice listing the FCC will also release a Public No- such applications that have been ac- tice identifying the short-form applica- cepted for filing and announcing a date tions which are found to be non-mutu- by which petitions to deny must be ally exclusive, including any applica- filed in accordance with the provisions tions for noncommercial educational of §§ 73.5006 and 73.3584. Construction broadcast stations, as described in 47 permits will be granted by the Commis- U.S.C. 397(6). These non-mutually ex- sion only after full and timely payment clusive applicants will be required to of winning bids and any applicable late submit the appropriate long-form ap- fees, and if the applicant is duly quali- plication within 30 days of the Public fied, and upon examination, the FCC Notice and, for applicants for commer- finds that the public interest, conven- cial broadcast stations, pursuant to the ience and necessity will be served. provisions of § 73.5005(d). Non-mutually (iii) All long-form applications will exclusive applications for commercial be cut-off as of the date of filing with broadcast stations will be processed the FCC and will be protected from and the FCC will periodically release a subsequently filed long-form applica- Public Notice listing such non-mutu- tions and rulemaking petitions. Appli- ally exclusive applications determined cations will be required to protect all to be acceptable for filing and an- previously filed commercial and non- nouncing a date by which petitions to commercial applications. Winning bid- deny must be filed in accordance with ders filing long-form applications may the provisions of §§ 73.5006 and 73.3584. change the technical proposals speci- Non-mutually exclusive applications fied in their previously submitted for noncommercial educational broad- short-form applications, but such cast stations, as described in 47 U.S.C. change may not constitute a major 397(6), will be processed and the FCC change. If the submitted long-form ap- will periodically release a Public No- plication would constitute a major tice listing such non-mutually exclu- change from the proposal submitted in sive applications determined to be ac- the short-form application or the allot- ceptable for filing and announcing a ment, the long-form application will be date by which petitions to deny must returned pursuant to paragraph (f)(2)(i) be filed in accordance with the provi- of this section. sions of §§ 73.7004 and 73.3584. If the ap- (6)(i) When a non-reserved channel plicant is duly qualified, and upon ex- FM allotment is added to the Table of amination, the FCC finds that the pub- FM Allotments using the Tribal Pri- lic interest, convenience, and necessity ority described in Note 5 to this sec- will be served by the granting of the tion, the FCC will specify by Public non-mutually exclusive long-form ap- Notice a window filing period during plication, it will be granted. which only those applicants that sat- (5)(i) Pursuant to § 1.2107 of this chap- isfy all of the eligibility criteria listed ter and § 73.5005, a winning bidder that in Note 5 to this section with regard to meets its down payment obligations in the specific Tribal Priority FM allot- a timely manner must, within 30 days ment(s) listed in the Public Notice may of the release of the public notice an- file a long-form application for the nouncing the close of the auction, sub- Tribal Priority FM allotment. Only ap- mit the appropriate long-form applica- plications from applicants meeting the tion for each construction permit for ‘‘threshold qualifications’’ listed in which it was the winning bidder. Long- Note 5 will be accepted during this win- form applications filed by winning bid- dow filing period. ders shall include the exhibits identi- (ii) If only one application for the fied in § 73.5005(a). Tribal Priority FM allotment is ac- (ii) Winning bidders are required to cepted for filing during the threshold pay the balance of their winning bids qualifications window, the long-form in a lump sum prior to the deadline es- application will be processed. If two or

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more applications for the Tribal Pri- Priority FM allotment shall proceed as ority FM allotment are accepted for described in paragraphs (f)(2) through filing during the threshold qualifica- (f)(5) of this section, and any qualified tions window, the FCC will specify by applicant may participate in the auc- Public Notice a period of time, after tion of the Tribal Priority FM allot- the close of the threshold qualifica- ment in such subsequent auction, re- tions window but before the next FM gardless of whether it meets the auction, during which the parties may threshold qualifications with regard to negotiate a settlement or bona fide that specific Tribal Priority FM allot- merger, as a way of resolving the con- ment. flict between their applications. Par- (g) Applications proposing to change ties to a settlement must comply with the community of license of an FM sta- § 73.3525 of the Commission’s rules. If a tion or assignment are considered to be settlement or bona fide merger is minor modifications under paragraphs reached, the surviving application will (a)(2), (e)(1), and (f)(1) of this section, be processed. If no settlement or bona and are subject to the following re- fide merger is reached among the quirements: threshold qualifications window appli- (1) The applicant must attach an ex- cants, the Tribal Priority FM allot- hibit to its application containing in- ment will be offered at auction as de- formation demonstrating that the pro- scribed in paragraphs (f)(2) through posed community of license change (f)(5) of this section, except that only constitutes a preferential arrangement those applicants whose applications of allotments or assignments under were accepted for filing pursuant to Section 307(b) of the Communications paragraph (f)(6)(i) of this section may Act of 1934, as amended (47 U.S.C. participate in the initial auction of the 307(b)); Tribal Priority FM allotment. (2) The facilities specified by the ap- (iii) If no application is accepted for plicant at the proposed community of filing during the threshold qualifica- license must be mutually exclusive, as tions window, and the party that ini- defined in § 73.207 or 73.509, with the ap- tially proposed the Tribal Priority FM plicant’s current facilities or its cur- allotment requests by letter to the rent assignment, in the case of a win- Audio Division, Media Bureau, that its ning auction bidder or tentative se- pending long-form application not be lectee; and immediately processed, the Tribal Pri- (3) Notwithstanding the provisions of ority FM allotment will be auctioned § 73.3580(a), the applicant must comply as described in paragraphs (f)(2) with the local public notice provisions through (f)(5) of this section in the nor- of §§ 73.3580(c)(3), 73.3580(d)(3), and mal course for vacant FM allotments. 73.3580(f). The exception contained in When a Tribal Priority FM allotment § 73.3580(e) shall not apply to an appli- is offered at auction for the first time, cation proposing to change the commu- only those applicants meeting the nity of license of an FM station. threshold qualifications for that spe- (4) Non-reserved band applications cific Tribal Priority FM allotment, as must demonstrate the existence of a described in Note 5 to this section, may suitable assignment or allotment site participate in the auction of that allot- that fully complies with §§ 73.207 and ment. 73.315 without resort to § 73.213 or (iv) Should no applicant meeting § 73.215. threshold qualifications, as described NOTE 1 TO § 73.3573: Applications to modify in Note 5 to this section, apply to bid the channel and/or class to an adjacent chan- on a Tribal Priority FM allotment in nel, intermediate frequency (IF) channel, or the first auction in which it is offered, co-channel may utilize the provisions of the or should no applicant meeting thresh- Commission’s Rules permitting short spaced old qualifications qualify to bid in the stations as set forth in § 73.215 as long as the first auction in which a Tribal Priority applicant shows by separate exhibit attached to the application the existence of an allot- FM allotment is offered, then the Trib- ment reference site which meets the allot- al Priority FM allotment will be of- ment standards, the minimum spacing re- fered in a subsequent auction. Any quirements of § 73.207 and the city grade cov- such subsequent auction of a Tribal erage requirements of § 73.315. This exhibit

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must include a site map or, in the alter- intention is expressed and the triggering ap- native, a statement that the transmitter will plication is not challenged, the subject sta- be located on an existing tower. Examples of tion will be reclassified as a Class C0 station, unsuitable allotment reference sites include and processing of the triggering application those which are offshore, in a national or will be completed. If an intention to modify state park in which tower construction is is expressed, an additional 180-day period prohibited, on an airport, or otherwise in an will be provided during which the Class C area which would necessarily present a haz- station licensee must file an acceptable con- ard to air navigation. struction permit application to increase an- NOTE 2 TO § 73.3573: Processing of applica- tenna height to at least 451 meters HAAT. tions for new low power educational FM ap- Upon grant of such a construction permit applications: Pending the Commission’s re- plication, the triggering application will be study of the impact of the rule changes per- dismissed. Class C station licensees must taining to the allocations of 10-watt and serve on triggering applicants copies of any other low power noncommercial educational FAA submissions related to the application FM stations, applications for such new sta- grant process. If the construction is not com- tions, or major changes in existing ones, will pleted as authorized, the subject Class C sta- not be accepted for filing. Exceptions are: (1) tion will be reclassified automatically as a In Alaska, applications for new Class D sta- Class C0 station. The reclassification proce- tions or major changes in existing ones are dure also may be initiated through the filing acceptable for filing; and (2) applications for of an original petition for rule making to existing Class D stations to change fre- amend the FM Table of Allotments as set quency are acceptable for filing. In (2), upon forth in Note 2 to § 1.420(g). the grant of such application, the station NOTE 5 TO § 73.3573: The ‘‘Tribal Priority’’ is shall become a Class D (secondary) station. that established by the Commission in Poli- (See First Report and Order, Docket 20735, cies to Promote Rural Radio Service and to FCC 78–386, 43 FR 25821, and Second Report Streamline Allotment and Assignment Pro- and Order, Docket 20735, FCC 78–384, 43 FR cedures, MB Docket 09–52. See First Report 39704.) Effective date of this FCC imposed and Order and Further Notice of Proposed ‘‘freeze’’ was June 15, 1978. Applications Rule Making, MB Docket 09–52, FCC 10–24, 75 which specify facilities of at least 100 watts FR 9797, 75 FR 9856, 75 FR 73976; Second Re- effective radiated power will be accepted for port and Order, First Order on Reconsider- filing. ation, and Second Further Notice of Pro- NOTE 3 TO § 73.3573: For rules on processing posed Rule Making, MB Docket 09–52, FCC FM translator and booster stations, see 11–28, 76 FR 14362, 76 FR 18942; Third Report § 74.1233 of this chapter. and Order, MB Docket 09–52, FCC 11–190. To NOTE 4 TO § 73.3573: A Class C station oper- qualify for the Tribal Priority, and thus ating with antenna height above average ter- meet ‘‘threshold qualifications’’ for a par- rain (‘‘HAAT’’) of less than 451 meters is sub- ticular allotment, an applicant must dem- ject to reclassification as a Class C0 station onstrate that it meets all of the following upon the filing of a triggering application for eligibility criteria: (a) The applicant is ei- construction permit that is short-spaced to ther a federally recognized Tribe or Tribal such a Class C station under § 73.207 but consortium, or an entity 51 percent or more would be fully spaced to such a station con- of which is owned or controlled by a Tribe or sidered as a Class C0 assignment. Triggering Tribes. Qualifying Tribes or Tribal entities applications may utilize § 73.215. Triggering must be those at least a portion of whose applications must certify that no alternative Tribal Lands lie within the principal com- channel is available for the proposed service. munity contour of the proposed facility. Al- Available alternative frequencies are limited though the 51 or greater percent Tribal con- to frequencies that the proposed service trol threshold need not consist of a single could use at the specified antenna location Tribe, the qualifying entity must be 51 per- in full compliance with the distance separa- cent or more owned or controlled by Tribes tion requirements of § 73.207, without any at least a portion of whose Tribal Lands lie other changes to the FM Table of Allot- within the facility’s principal community ments. Copies of a triggering application and contour; (b)(1) at least 50 percent of the area related pleadings must be served on the li- within the proposed principal community censee of the affected Class C station. If the contour is over that Tribe’s Tribal Lands, or staff concludes that a triggering application (2) the proposed principal community con- is acceptable for filing, it will issue an order tour (i) encompasses 50 percent or more of to show cause why the affected station that Tribe’s Tribal Lands, (ii) serves at least should not be reclassified as a Class C0 sta- 2,000 people living on Tribal Lands, and (iii) tion The order to show cause will provide the the total population on Tribal Lands resid- licensee 30 days to express in writing an in- ing within the proposed service contour con- tention to seek authority to modify the sub- stitutes at least 50 percent of the total cov- ject station’s technical facilities to min- ered population (and, in the case of either imum Class C HAAT or to otherwise chal- (b)(1) or (b)(2) the proposed principal commu- lenge the triggering application. If no such nity contour does not cover more than 50

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percent of the Tribal Lands of a Tribe that is possible in the order in which they are not a party to the application); (c) the pro- filed. posed community of license must be located on Tribal Lands; and (d) the proposed service [44 FR 38504, July 2, 1979] must constitute first or second aural (reception) service, or first local Tribal-owned § 73.3578 Amendments to applications commercial transmission service at the pro- for renewal, assignment or transfer posed community of license. For purposes of of control. this section, the definition of ‘‘Tribal Lands’’ (a) Any amendments to an applica- is the same as that set forth at footnote 15 of tion for renewal of any instrument of the First Report and Order and Further No- authorization shall be considered to be tice of Proposed Rule Making, FCC 10–24, and as further set forth at paragraphs 8–10 and 59 a minor amendment. However, the FCC of the Second Report and Order, First Order may, within 15 days after tender for fil- on Reconsideration, and Second Further No- ing of any amendment, advise the ap- tice of Proposed Rule Making, FCC 11–28. plicant that the amendment is consid- [63 FR 48627, Sept. 11, 1998, as amended at 64 ered to be a major amendment and FR 19502, Apr. 21, 1999; 65 FR 36379, June 8, therefore is subject to the provisions of 2000; 65 FR 79780, Dec. 20, 2000; 67 FR 45374, § 73.3580. July 9, 2002; 68 FR 26228, May 15, 2003; 71 FR (b) Any amendment to an application 6228, Feb. 7, 2006; 71 FR 76220, Dec. 20, 2006; 77 for assignment of construction permit FR 2922, Jan. 20, 2012] or license, or consent to the transfer of control of a corporation holding such a § 73.3574 Processing of international construction permit or license, shall be broadcast station applications. considered to be a minor amendment, (a) Applications for International except that any amendment which station facilities are divided into two seeks a change in the ownership inter- groups. est of the proposed assignee or trans- (1) In the first group are applications feree which would result in a change in for new stations, or for major changes control, or any amendment which in the facilities of authorized stations. would require the filing of FCC Forms A major change is any change in or ad- 314, 315, or 345 (see § 73.3540), if the dition to authorized zones or areas of changes sought were made in an origi- reception, any change in transmitter nal application for assignment or location other than one in the imme- transfer of control, shall be considered diate vicinity of existing antennas of to be a major amendment. However, the station, or any change in power, or the FCC may, within 15 days after the antenna directivity. However, the FCC acceptance for filing of any other may, within 15 days after the accept- amendment, advise the applicant that ance for filing of any other application the amendment is considered to be a for modification, advise the applicant major amendment and therefore is sub- that such application is considered to ject to the provisions of § 73.3580. be one for a major change and there- [44 FR 38504, July 2, 1979, as amended at 51 fore is subject to §§ 1.1111 and 73.3580 FR 18451, May 20, 1986] pertaining to major changes. (2) The second group consists of ap- § 73.3580 Local public notice of filing plications for licenses and all other of broadcast applications. changes in the facilities of authorized (a) All applications for instruments stations. of authorization in the broadcast serv- (b) If an application is amended so as ice (and major amendments thereto, as to effect a major change as defined in indicated in §§ 73.3571, 73.3572, 73.3573, paragraph (a)(1) of this section, or so as 73.3574 and 73.3578) are subject to the to result in an assignment or transfer local public notice provisions of this of control which, in the case of an au- section, except applications for: thorized station, would require the fil- (1) A minor change in the facilities of ing of an application therefor on FCC an authorized station, as indicated in Form 314 or 315 (see § 73.3540), § 73.3580 §§ 73.3571, 73.3572, 73.3573 and 73.3574. will apply to such amended applica- (2) Consent to an involuntary assign- tion. ment or transfer or to a voluntary as- (c) Applications for International signment or transfer which does not re- stations will be processed as nearly as sult in a change of control and which

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may be applied for on FCC Form 316 is located, or proposed to be located, at pursuant to the provisions of least twice a week for two consecutive § 73.3540(b). weeks in a three-week period; or, (3) A license under section 319(c) of (ii) If there is no such daily news- the Communications Act or, pending paper, in a weekly newspaper of gen- application for or grant of such license, eral circulation published in that com- any special or temporary authorization munity, once a week for 3 consecutive to permit interim operation to facili- weeks in a 4-week period; or, tate completion of authorized con- (iii) If there is no daily or weekly struction or to provide substantially newspaper published in that commu- the same service as would be author- nity, in the daily newspaper from wher- ized by such license. ever published, which has the greatest (4) Extension of time to complete general circulation in that community, construction of authorized facilities. twice a week for 2 consecutive weeks (5) An authorization of facilities for within a 3-week period. remote pickup or studio links for use (2) Notice requirements for applicants in the operation of a broadcast station. for a permit pursuant to section 325(b) of (6) Authorization pursuant to section the Communications Act (‘‘***Studios 325(c) of the Communications Act of Foreign Stations’’) are as follows. In a (‘‘* * * studios of foreign stations’’) daily newspaper of general circulation where the programs to be transmitted in the largest city in the principal area are special events not of a continuing to be served in the U.S.A. by the for- nature. eign broadcast station, at least twice a (7) An authorization under any of the week for 2 consecutive weeks within a proviso clauses of section 308(a) of the three-week period. Communications Act concerning appli- (3) Notice requirements for applicants cations for and conditions in licenses. for a change in station location are as fol- (b) Applications (as originally filed lows. In the community in which the or amended) will be acted upon by the station is located and the one in which FCC no sooner than 30 days following it is proposed to be located, in a news- public notice of acceptance for filing or paper with publishing requirements as amendment, except as otherwise per- in paragraphs (c)(1)(i), (ii) or (iii) of mitted in § 73.3542, ‘‘Application for this section. temporary authorization.’’ (4) The notice required in paragraphs (c) An applicant who files an applica- (c)(1), (2) and (3) of this section shall tion or amendment thereto which is contain the information described in subject to the provisions of this sec- paragraph (f) of this section. tion, must give notice of this filing in (d) The licensee of an operating a newspaper. Exceptions to this rebroadcast station who files an applica- quirement are applications for renewal tion or amendment thereto which is of AM, FM, TV, Class A TV and inter- subject to the provisions of this section national broadcasting stations; low must give notice as follows: power TV stations; TV and FM trans- (1) An applicant who files for renewal lator stations; TV boosters stations; of a broadcast station license, other FM boosters stations; and applications than a low power TV station license subject to paragraph (e) of this section. not locally originating programming as The local public notice must be com- defined by § 74.701(h), an FM translator pleted within 30 days of the tendering station or a TV translator station li- of the application. In the event the cense, must give notice of this filing by FCC notifies the applicant that a major broadcasting announcements on appli- change is involved, requiring the applicant’s station. (Sample and schedule of cant to file public notice pursuant to announcements are below.) Newspaper § 73.3571, § 73.3572, § 73.3573 or § 73.3578, publication is not required. An appli- this filing notice shall be given in a cant who files for renewal of a low newspaper following this notification. power TV station license not locally (1) Notice requirements for these appli- originating programming as defined by cants are as follows. (i) In a daily news- § 74.701(h), an FM translator station or paper of general circulation published a TV translator station license will in the community in which the station comply with (g) below.

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(2) An applicant who files an amend- www.fcc.gov. It contains information con- ment of an application for renewal of a cerning this station’s performance during broadcast station lincense will comply the last (period of time covered by the appli- with paragraph (d)(1) of this section. cation). Individuals who wish to advise the FCC of facts relating to our renewal applica- (3) An applicant who files for modi- tion and to whether this station has operated fication, assignment or transfer of a in the public interest should file comments broadcast station license (except for and petitions with the FCC by (date first day International broadcast, low power TV, of last full calendar month prior to the TV translator, TV booster, FM trans- month of expiration). lator and FM booster stations) shall Further information concerning the FCC’s give notice of the filing in a newspaper broadcast license renewal process is avail- as described in paragraph (c) of this able at (address of location of the station) or may be obtained from the FCC, Washington, section, and also broadcast the same DC 20554. notice over the station as follows: Television announcement: On (date of last (i) At least once daily on four days in renewal grant) (Station’s call letters) was the second week immediately following granted a license by the Federal Commu- either the tendering for filing of the nication Commission to serve the public in- application or immediately following terest as a public trustee until (expiration notification to the applicant by the date). Our license will expire on (date). We must FCC that Public Notice is required pur- file an application for renewal with the FCC suant to § 73.3571, § 73.3572, § 73.3573 or (date four calendar months prior to expira- § 73.3578. For commercial radio stations tion date). When filed, a copy of this applica- these announcements shall be made be- tion will be available for public inspection at tween 7 a.m. and 9 a.m. and/or 4 p.m. www.fcc.gov. It contains information con- and 6 p.m. For stations which neither cerning this station’s performance during operate between 7 a.m. and 9 a.m. nor the last (period of time covered by the appli- between 4 p.m. and 6 p.m., these an- cation). Individuals who wish to advise the FCC of nouncements shall be made during the facts relating to our renewal application and first two hours of broadcast operation. to whether this station has operated in the For commercial TV stations, these an- public interest should file comments and pe- nouncements shall be made between 6 titions with the FCC by (date first day of p.m. and 11 p.m. (5 p.m. and 10 p.m. last full calendar month prior to the month Central and Mountain time). of expiration). (4) The broadcast notice require- Further information concerning the FCC’s broadcast license renewal process is avail- ments for those filing renewal applica- able at (address of location of the station) or tions and amendments thereto are as may be obtained from the FCC, Washington, follows: DC 20554. (i) Pre-filing announcements. During (A) An applicant who files for re- the period and beginning on the first newal of a low power TV station lo- day of the sixth calendar month prior cally originating programming (as de- to the expiration of the license, and fined by § 74.701(h)) shall broadcast this continuing to the date on which the ap- announcement, except that statements plication is filed, the following an- indicating there is a public inspection nouncement shall be broadcast on the file at the station containing the re- 1st and 16th day of each calendar newal application and other informa- month. Stations broadcasting pri- tion on the license renewal process, marily in a foreign language should shall be omitted. broadcast the announcements in that (B) This announcement shall be made language. during the following time periods: Radio announcement: On (date of last re- (1) For commercial TV stations—at newal grant) (Station’s call letters) was least two of the required announce- granted a license by the Federal Commu- ments between 6 p.m. and 11 p.m. (5 nication Commission to serve the public in- p.m. and 10 p.m. Central and Mountain terest as a public trustee until (expiration Time). date). (2) For commercial radio stations—at Our license will expire on (date). We must file an application for renewal with the FCC least two of the required announce- (date four calendar months prior to expira- ments between 7 a.m. and 9 a.m. and/or tion date). When filed, a copy of this applica- 4 p.m. and 6 p.m. For stations which tion will be available for public inspection at neither operate between 7 a.m. and 9

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a.m. nor between 4 p.m. and 6 p.m., at A copy of this application is available for least two of the required announce- public inspection at www.fcc.gov. It contains ments shall be made during the first information concerning this station’s per- two hours of broadcast operation. formance during the last (period of time covered by application). (3) For noncommercial educational Individuals who wish to advise the FCC of stations, at the same time as commer- facts relating to our renewal application and cial stations, except that such stations to whether this station has operated in the need not broadcast the announcement public interest should file comments and pe- during any month during which the titions with the FCC by (date first day of station does not operate. last full calendar month prior to the month (4) For low power TV stations locally of expiration). originating programming (as defined Further information concerning the FCC’s broadcast license renewal process is avail- by § 74.701(h)), at the same time as for able at (address of location of the station) or commercial TV stations, or as close to may be obtained from the FCC, Washington, that time as possible. DC 20554. (ii) Post-filing announcements. During (A) An applicant who files for re- the period beginning of the date on newal of a low power TV station lo- which the renewal application is filed cally originating programming (as de- to the sixteenth day of the next to last fined by § 74.701(h)) shall broadcast this full calendar month prior to the expira- announcement, except that statements tion of the license, all applications for indicating there is a public inspection renewal of broadcast station licenses file at the station containing the re- shall broadcast the following an- newal application and other informa- nouncement on the 1st and 16th day of tion on the license renewal process, each calendar month. Stations broad- shall be omitted. casting primarily in a foreign language (B) This announcement shall be made should broadcast the announcements in during the following time periods: that language. (1) For commercial TV stations—at Television announcement: On (date of last least three of the required announce- renewal grant) (Station’s call letters) was ments between 6 p.m. and 11 p.m. (5 granted a license by the Federal Commu- p.m. and 10 p.m. Central and Mountain nications Commission to serve the public in- time), at least one announcement be- terest as a public trustee until (expiration date). tween 9 a.m. and 1 p.m., at least one Our license will expire on (date). We have announcement between 1 p.m. and 5 filed an application for renewal with the p.m., and at least one announcement FCC. between 5 p.m. and 7 p.m. A copy of this application is available for (2) For commercial radio stations—at public inspection at www.fcc.gov. It contains least three of the required announce- information concerning this station’s per- ments between 7 a.m. and 9 a.m. and/or formance during the last (period of time cov- 4 p.m. and 6 p.m., at least one an- ered by application). Individuals who wish to advise the FCC of nouncement between 9 a.m. and noon, facts relating to our renewal application and at least one announcement between to whether this station has operated in the noon and 4 p.m., and at least one an- public interest should file comments and pe- nouncement between 7 p.m. and mid- titions with the FCC by (date first day of night. For stations which do not oper- last full calendar month prior to the month ate between 7 a.m. and 9 a.m. or be- of expiration). tween 4 p.m. and 6 p.m., at least three Further information concerning the FCC’s broadcast license renewal process is avail- of the required announcements shall be able at (address of location of the station) or made during the first two hours of may be obtained from the FCC, Washington, broadcast operation. DC 20554. (3) For noncommercial educational Radio announcement: On (date of last re- stations, at the same time as commer- newal grant) (Station’s call letters) was cial stations, except that such stations granted a license by the Federal Commu- need not broadcast the announcement nications Commission to serve the public in- during any month during which the terest as a public trustee until (expiration date). station does not operate. In such in- Our license will expire on (date). We have stances noncommercial educational filed an application for renewal with the stations shall meet the requirements in FCC. the exact order specified in paragraph

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(d)(4)(ii)(A) (1) or (2) of this section programming produced within the market (e.g., if only four renewal notices are area served by the station or by a group of broadcast by an educational TV li- commonly-owned low power television sta- censee, 3 must be broadcast between 6 tions; and (3) had been in compliance with the Commission’s regulations applicable to p.m. and 11 p.m. and the fourth be- the low power television service. The Com- tween 9 a.m. and 1 p.m.). mission may also issue a certificate of eligi- (4) For low power TV stations locally bility to a licensee unable to satisfy the fore- originating programming (as defined going criteria, if it determines that the pub- by § 74.701(h)), at the same time as for lic interest, convenience and necessity would commercial TV stations, or as close to be served thereby. that time as possible. (Station’s call letters) intends to file an (iii) TV broadcast stations (commer- application (FCC Form 302–CA) for a Class A television license in the near future. When cial and noncommercial educational), filed, a copy of this application will be avail- in presenting the pre- and post-filing able at (address of location of the station’s announcements, must use visuals with public inspection file) for public inspection the licensee’s and the FCC’s addresses during our regular business hours. Individ- when this information is being orally uals who wish to advise the FCC of facts represented by the announcer. lating to the station’s eligibility for Class A (iv) Stations which have not received status should file comments and petitions a renewal grant since the filing of their with the FCC prior to Commission action on previous renewal application, shall use this application. the following first paragraph for the (B) Post-filing announcements. The fol- pre-filing and the post-filing announce- lowing announcement shall be broad- ments: cast on the 1st and 10th days following the filing of an application for a Class (Station’s call letters) is licensed by the Fed- eral Communications Commission to serve A television license. The required an- the public interest as a public trustee. nouncements shall be made between 6 p.m. and 11 p.m. (5 p.m. and 10 p.m. (5) An applicant who files for a Class Central and Mountain Time). Stations A television license must give notice of broadcasting primarily in a foreign this filing by broadcasting announce- language should broadcast the an- ments on applicant’s station. (Sample nouncements in that language. and schedule of announcements are below.) Newspaper publication is not On (date of filing license application) (Sta- required. tion’s call letters) filed an application, FCC (i) The broadcast notice requirement Form 302–CA, for a Class A television license. Such stations are required to broadcast a for those filing for Class A television minimum of 18 hours per day, and to average license applications and amendment at least 3 hours of locally produced program- thereto is as follows: ming each week, and to comply with certain (A) Pre-filing announcements. Two full-service television station operating re- weeks prior to the filing of the license quirements. application, the following announce- A copy of this application is available for ment shall be broadcast on the 5th and public inspection during our regular business 10th days of the two week period. The hours at (address of location of the station’s required announcements shall be made public inspection file). Individuals who wish to advise the FCC of facts relating to the between 6 p.m. and 11 p.m. (5 p.m. and station’s eligibility for Class A status should 10 p.m. Central and Mountain Time) file comments and petitions with the FCC Stations broadcasting primarily in a prior to Commission action on this applica- foreign language should broadcast the tion. announcements in that language. (ii) [Reserved] On (date), the Federal Communications (e) When the station in question is Commission granted (Station’s call letters) a the only operating station in its broad- certification of eligibility to apply for Class cast service which is located in the A television status. To become eligible for a community involved, or if it is a non- Class A certificate of eligibility, a low power commercial educational station, publi- television licensee was required to certify that during the 90-day period ending Novem- cation of the notice in a newspaper, as ber 28, 1999, the station: (1) Broadcast a min- provided in paragraph (c) of this sec- imum of 18 hours per day; (2) broadcast an tion is not required, and publication by average of at least three hours per week of broadcast over that station as provided

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in paragraph (d) of this section shall be of the programs to be transmitted over deemed sufficient to meet the notice the station. requirements of this section. Non- (9) A statement that a copy of the ap- commercial educational broadcast sta- plication, amendment(s), and related tions which do not broadcast during material are on file for public inspec- the portion of the year in which the pe- tion at a stated address in the commu- riod of broadcast of notice falls must nity in which the station is located or comply with the provisions of para- is proposed to be located. See §§ 73.3526 graph (c) of this section. and 73.3527. (f) The notice required by paragraphs (g) An applicant who files for author- (c) and (d) of this section shall contain, ization or major modifications, or a when applicable, the following infor- major amendment thereto, for a low mation, except as otherwise provided power TV, TV translator, TV booster, in paragraphs (d) (1) and (2) and (e) of FM translator, or FM booster station, this section in regard to renewal appli- must give notice of this filing in a cations: daily, weekly or biweekly newspaper of (1) The name of the applicant, if the general circulation in the community applicant is an individual; the names of or area to be served. Likewise, an ap- all partners, if the applicant is a part- plicant for assignment, transfer or re- nership; or the names of all officers and newal, or a major amendment thereto, directors and of those persons holding for a low power TV, TV translator or 10% or more of the capital stock or FM translator station, must give this other ownership interest if the appli- same type of newspaper notice. The fil- cant is a corporation or an unincor- ing notice will be given immediately porated association. (In the case of ap- following the tendering for filing of the plications for assignment or transfer of application or amendment, or imme- control, information should be included diately following notification to the for all parties to the application.) applicant by the FCC that public no- (2) The purpose for which the applica- tice is required pursuant to § 73.3572, tion was or will be filed (such as, con- § 73.3573, or § 73.3578. struction permit, modification, assign- (1) Notice requirements for these ap- ment or transfer of control). plicants are as follows: (3) The date when the application or (i) In a newspaper at least one time; amendment was tendered for filing or with the FCC. (ii) If there is no newspaper published (4) The call letters, if any, of the sta- or having circulation in the commu- tion, and the frequency or channel on nity or area to be served, the applicant which the station is operating or pro- shall determine an appropriate means poses to operate. of providing the required notice to the (5) In the case of an application for general public, such as posting in the construction permit for a new station, local post office or other public place. the facilities sought, including type The notice shall state: and class of station, power, location of (A) The name of the applicant, the studios, transmitter site and antenna community or area to be served, and height. the transmitter site. (6) In the case of an application for (B) The purpose for which the appli- modification of a construction permit cation was filed. or license, the exact nature of the (C) The date when the application or modification sought. amendment was filed with the FCC. (7) In the case of an amendment to an (D) The output channel or channels application, the exact nature of the on which the station is operating or amendment. proposes to operate and the power used (8) In the case of applications for a or proposed to be used. permit pursuant to Section 325(b) of (E) In the case of an application for the Communications Act (‘‘* * * studios changes in authorized facilities, the na- of foreign stations’’), the call letters ture of the changes sought. and location of the foreign radio broad- (F) In the case of a major amendment cast station, the frequency or channel to an application, the nature of the on which it operates, and a description amendment.

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(G) A statement, if applicable, that in the existing facilities of such sta- the station engages in or intends to en- tions, or for applications for a change gage in rebroadcasting, and the call in output channel tendered by dis- letters, location and channel of oper- placed low power TV and TV translator ation of each station whose signals it is stations pursuant to § 73.3572(a)(1), any rebroadcasting or intends to rebroad- party in interest may file with the cast. Commission a Petition to Deny any ap- (H) A statement that invites com- plication (whether as originally filed or ment from individuals who wish to ad- if amended so as to require a new file vise the FCC of facts relating to the re- number pursuant to § 73.3571(j), newal application and whether the sta- § 73.3572(b), § 73.3573(b), § 73.3574(b) or tion has operated in the public inter- § 73.3578) for which local notice pursu- est. ant to § 73.3580 is required, provided (h) The applicant may certify in the such petitions are filed prior to the day appropriate application that it has or such applications are granted or des- will comply with the public notice re- ignated for hearing; but where the FCC quirements contained in paragraphs (c), (d) or (g) of this section. However, issues a public notice pursuant to the an applicant for renewal of a license provisions of § 73.3571(c), § 73.3572(c) or that is required to maintain a public § 73.3573(d), establishing a ‘‘cut-off’’ inspection file, shall, within 7 days of date, such petitions must be filed by the last day of broadcast of the re- the date specified. In the case of appli- quired publication announcements, cations for transfers and assignments place in its public inspection file a of construction permits or station li- statement certifying compliance with censes, Petitions to Deny must be filed § 73.3580 along with the dates and times not later than 30 days after issuance of that the pre-filing and post-filing no- a public notice of the acceptance for tices were broadcast and the text filing of the applications. In the case of thereof. This certification need not be applications for renewal of license, Pe- filed with the Commission but shall be titions to Deny may be filed at any retained in the public inspection file time up to the deadline established in for as long as the application to which § 73.3516(e). Requests for extension of it refers. time to file Petitions to Deny applica- (i) Paragraphs (a) through (h) of this tions for new broadcast stations or section apply to major amendments to major changes in the facilities of exist- license renewal applications. See ing stations or applications for renewal § 73.3578(a). of license will not be granted unless all parties concerned, including the appli- [44 FR 38504, July 2, 1979] cant, consent to such requests, or un- EDITORIAL NOTE: For FEDERAL REGISTER ci- less a compelling showing can be made tations affecting § 73.3580, see the List of CFR that unusual circumstances make the Sections Affected, which appears in the filing of a timely petition impossible Finding Aids section of the printed volume and at www.govinfo.gov. and the granting of an extension war- ranted. § 73.3584 Procedure for filing petitions (b) Except in the case of applications to deny. for new low power TV or TV translator (a) For mutually exclusive applica- stations, or for major changes in the tions subject to selection by competi- existing facilities of such stations, the tive bidding (non-reserved channels) or applicant may file an opposition to any fair distribution/point system (reserved Petition to Deny, and the Petitioner a channels), petitions to deny may be reply to such opposition in which alle- filed only against the winning bidders gations of fact or denials thereof shall or tentative selectee(s), and such peti- be supported by affidavit of a person or tions will be governed by §§ 73.5006 and persons with personal knowledge there- 73.7004, respectively. For all other ap- of. The times for filing such opposi- plications the following rules will gov- tions and replies shall be those pro- ern. Except in the case of applications vided in § 1.45 except that as to a Peti- for new low power TV, TV translator or tion to Deny an application for renewal TV booster stations, for major changes of license, an opposition thereto may

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be filed within 30 days after the Peti- proposes reclassification of a Class C tion to Deny is filed, and the party authorization to Class C0 not later that filed the Petition to Deny may than 30 days after issuance of an order reply to the opposition within 20 days to show cause by the Commission noti- after opposition is due or within 20 fying the affected licensee of the pro- days after the opposition is filed, posed reclassification. whichever is longer. The failure to file (e) Untimely Petitions to Deny, as an opposition or a reply will not nec- well as other pleadings in the nature of essarily be construed as an admission a Petition to Deny, and any other of fact or argument contained in a pleadings or supplements which do not pleading. lie as a matter of law or are otherwise (c) In the case of applications for new procedurally defective, are subject to low power TV, TV translator, or TV return by the FCC’s staff without con- booster stations, for major changes in sideration. the existing facilities of such stations, or for applications for a change in out- [48 FR 27206, June 13, 1983, as amended at 52 put channel tendered by displaced low FR 31401, Aug. 20, 1987; 53 FR 2499, Jan. 28, power TV and TV translator stations 1988; 55 FR 28914, July 16, 1990; 61 FR 18291, pursuant to § 73.3572(a)(1), any party in Apr. 25, 1996; 65 FR 36379, June 8, 2000; 65 FR interest may file with the FCC a Peti- 79780, Dec. 20, 2000] tion to Deny any applcation (whether § 73.3587 Procedure for filing informal as originally filed or if amended so as objections. to require a new file number pursuant to § 73.3572(b)) for which local notice Before FCC action on any application pursuant to § 73.3580 is required, pro- for an instrument of authorization, any vided such petitions are filed within 30 person may file informal objections to days of the FCC Public Notice pro- the grant. Such objections may be sub- posing the application for grant (appli- mitted in letter form (without extra cants may file oppositions within 15 copies) and shall be signed. The limita- days after the Petition to Deny is tion on pleadings and time for filing filed); but where the FCC selects a ten- pleadings provided for in § 1.45 of the tative permittee pursuant to Section rules shall not be applicable to any ob- 1.1601 et seq., Petitions to Deny shall be jections duly filed under this section. accepted only if directed against the [44 FR 38507, July 2, 1979] tentative selectee and filed after issuance of and within 15 days of FCC § 73.3588 Dismissal of petitions to deny Public Notice announcing the tentative or withdrawal of informal objec- selectee. The applicant may file an options. position within 15 days after the Peti- tion to Deny is filed. In cases in which (a) Whenever a petition to deny or an the minimum diversity preference pro- informal objection has been filed vided for in § 1.1623(f)(1) has been ap- against any application, and the filing plied, an ‘‘objection to diversity claim’’ party seeks to dismiss or withdraw the and opposition thereto, may be filed petition to deny or the informal objec- against any applicant receiving a dition, either unilaterally or in exchange versity preference, within the same for financial consideration, that party time period provided herein for Peti- must file with the Commission a re- tions and Oppositions. In all pleadings, quest for approval of the dismissal or allegations of fact or denials thereof withdrawal, a copy of any written shall be supported by appropriate cer- agreement related to the dismissal or tification. However, the FCC may an- withdrawal, and an affidavit setting nounce, by the Public Notice announc- forth: ing the acceptance of the last-filed mu- (1) A certification that neither the tually exclusive application, that a no- petitioner nor its principals has re- tice of Petition to Deny will be received or will receive any money or quired to be filed no later than 30 days other consideration in excess of legiti- after issuance of the Public Notice. mate and prudent expenses in exchange (d) A party in interest may file a Pe- for the dismissal or withdrawal of the tition to Deny any application that petition to deny;

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(2) The exact nature and amount of (1) Affidavits filed pursuant to this any consideration received or prom- section shall be executed by the appli- ised; cant, permittee or licensee, if an indi- (3) An itemized accounting of the ex- vidual; a partner having personal penses for which it seeks reimburse- knowledge of the facts, if a partner- ment; and ship; or an officer having personal (4) The terms of any oral agreement knowledge of the facts, if a corporation related to the dismissal or withdrawal or association. of the petition to deny. (2) A petition shall be deemed to be In addition, within 5 days of peti- pending before the Commission from tioner’s request for approval, each re- the time a petition is filed with the maining party to any written or oral Commission until an order of the Com- agreement must submit an affidavit mission granting or denying the peti- setting forth: tion is no longer subject to reconsider- (5) A certification that neither the ation by the Commission or to review applicant nor its principals had paid or by any court. will pay money or other consideration (3) ‘‘Legitimate and prudent ex- in excess of the legitimate and prudent penses’’ are those expenses reasonably expenses of the petitioner in exchange incurred by a petitioner in preparing, for dismissing or withdrawing the peti- filing, and prosecuting its petition for tion to deny; and which reimbursement is being sought. (6) The terms of any oral agreement (4) ‘‘Other consideration’’ consists of relating to the dismissal or withdrawal financial concessions, including but of the petition to deny. not limited to the transfer of assets or (b) Citizens’ agreements. For purposes the provision of tangible pecuniary of this section, citizens agreements in- benefit, as well as non-financial con- clude agreements arising whenever a cessions that confer any type of benefit petition to deny or informal objection on the recipient. has been filed against any application [54 FR 22598, May 25, 1989. Redesignated and and the filing party seeks to dismiss or amended at 55 FR 28914, July 16, 1990] withdraw the petition or objection in exchange for nonfinancial consider- § 73.3589 Threats to file petitions to ation (e.g., programming, ascertain- deny or informal objections. ment or employment initiatives). The (a) No person shall make or receive parties to such an agreement must file any payments in exchange for with- with the Commission a joint request drawing a threat to file or refraining for approval of the agreement, a copy from filing a petition to deny or an in- of any written agreement, and an affi- formal objection. For the purposes of davit executed by each party setting this section, reimbursement by an ap- forth: plicant of the legitimate and prudent (1) Certification that neither the pe- expenses of a potential petitioner or titioner, nor any person or organiza- objector incurred reasonably and dition related to the petitioner, has re- rectly in preparing to file a petition to ceived or will receive any money or deny will not be considered to be pay- other consideration in connection with ment for refraining from filing a peti- the citizens’ agreement other than le- tion to deny or informal objection. gitimate and prudent expenses incurred Payments made directly to a potential in prosecuting the petition to deny; petitioner or objector, or a person re- (2) Certification that neither the pe- lated to a potential petitioner or objec- titioner, nor any person or organiza- tor, to implement nonfinancial prom- tion related to petitioner is or will be ises are prohibited unless specifically involved in carrying out, for a fee, any approved by the Commission. programming, ascertainment, employ- (b) Whenever any payment is made in ment or other non-financial initiative exchange for withdrawing a threat to referred to in the citizens’ agreement; file or refraining from filing a petition and to deny or informal objection, the li- (3) The terms of any oral agreement. censee must file with the Commission a (c) For the purposes of this section: copy of any written agreement related

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to the dismissal or withdrawal, and an (1) There is not pending a mutually affidavit setting forth: exclusive application filed in accord- (1) Certification that neither the ance with paragraph (b) of this section; would-be petitioner, nor any person or (2) The applicant is legally, tech- organization related to the would-be nically, financially, and otherwise petitioner, has received or will receive qualified; any money or other consideration in (3) The applicant is not in violation connection with the citizens’ agree- of provisions of law, the FCC rules, or ment other than legitimate and pru- established policies of the FCC; and dent expenses reasonably incurred in (4) A grant of the application would preparing to file the petition to deny; otherwise serve the public interest, (2) Certification that unless such ar- convenience and necessity. rangement has been specifically ap- (b) In making its determinations pur- proved by the Commission, neither the suant to the provisions of paragraph (a) would-be petitioner, nor any person or of this section, the FCC will not con- organization related to the would-be sider any other application, or any ap- petitioner, is or will be involved in car- plication if amended so as to require a rying out, for a fee, any programming new file number, as being mutually ex- ascertainment, employment or other clusive or in conflict with the applica- nonfinancial initiative referred to in tion under consideration unless such the citizens’ agreement; and other application was substantially (3) The terms of any oral agreement. complete, and tendered for filing by: (c) For purposes of this section: (1) The close of business on the day (1) Affidavits filed pursuant to this preceding the day designated by Public section shall be executed by the li- Notice as the day the listed application censee, if an individual; a partner hav- is to be available and ready for proc- ing personal knowledge of the facts, if essing; a partnership; or an officer having per- (2) The date prescribed in § 73.3516(e) sonal knowledge of the facts, if a cor- in the case of applications which are poration or association. mutually exclusive with applications for renewal of license of broadcast sta- (2) ‘‘Legitimate and prudent ex- tions; or penses’’ are those expenses reasonably (3) The close of business on the day incurred by a would-be petitioner in designated by the FCC pursuant to preparing to file its petition for which § 73.3564(d) as the date(s) for filing low reimbursement is being sought. power TV or TV translator applica- (3) ‘‘Other consideration’’ consists of tions. financial concessions, including but (c) If a petition to deny the applica- not limited to the transfer of assets or tion has been filed in accordance with the provision of tangible pecuniary § 73.3584 and the FCC makes the grant benefit, as well as non-financial con- in accordance with paragraph (a) of cessions that confer any type of benefit this section, the FCC will deny the pe- on the recipient. tition and issue a concise statement [55 FR 28914, July 16, 1990] setting forth the reasons for denial and disposing of all substantial issues § 73.3591 Grants without hearing. raised by the petition. (a) Except for renewal applications (d) Renewal applications filed after filed after May 1, 1995 which will be May 1, 1995 will be governed by the cri- subject to paragraph (d) of this section, teria established in 47 U.S.C. § 309(k). in the case of any application for an in- [44 FR 38507, July 2, 1979, as amended at 50 strument of authorization, other than FR 47844, Dec. 7, 1984; 59 FR 31557, June 20, a license pursuant to a construction 1994; 61 FR 18291, Apr. 25, 1996] permit, the FCC will make the grant if it finds (on the basis of the application, § 73.3592 Conditional grant. the pleadings filed or other matters (a) Where a grant of an application which it may officially notice) that the would preclude the grant of any appli- application presents no substantial and cation or applications mutually exclu- material question of fact and meets the sive with it, the FCC may, if the public following requirements: interest will be served thereby, make a

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conditional grant of one of the applica- group; and any other factors which are tions and designate all of the mutually deemed pertinent to the public interest exclusive applications for hearing. judgment. Such conditional grant will be made [44 FR 38507, July 2, 1979] upon the express condition that such grant is subject to being withdrawn if, § 73.3593 Designation for hearing. at the hearing, it is shown that public interest will be better served by a If the FCC is unable, in the case of grant of one of the other applications. any application for an instrument of Such conditional grants will be issued authorization, to make the findings only where it appears: specified in § 73.3591(a), it will formally (1) That some or all of the applica- designate the application for hearing tions were not filed in good faith but on the grounds or reasons then obtain- were filed for the purpose of delaying ing and will forthwith notify the appli- or hindering the grant of another applicant and all known parties in interest cation; or of such action and the grounds and rea- (2) That public interest requires the sons therefor, specifying with particu- prompt establishment of broadcast larity the matters and things in issue service in a particular community or but not including issues or require- area; or ments phrased generally. If, however, (3) That a grant of one or more appli- the issue to be resolved is limited to cations would be in the public interest, the mutual exclusivity of applications and that a delay in making a grant to for initial authorizations or for major any applicant until after the conclu- changes to existing stations, that mu- sion of a hearing on all applications tual exclusivity shall be resolved pur- might jeopardize the rights of the suant to competitive bidding proce- United States under the provisions of dures identified in subpart I (unre- international agreement to the use of served channels) or point system proce- the frequency in question; or dures identified in subpart K (reserved (4) That a grant of one application channels). would be in the public interest, and [65 FR 36379, June 8, 2000] that it appears from an examination of the remaining applications that they § 73.3594 Local public notice of des- cannot be granted because they are in ignation for hearing. violation of provisions of the Commu- (a) Except as otherwise provided in nications Act, other statutes, or the paragraph (c) of this section when an provisions of the FCC rules. application subject to the provisions of (b) When two or more applications § 73.3580 (except for applications for for the same AM, FM or TV assignment International broadcast, low power TV, have been designated for hearing, the TV translator, FM translator, and FM FCC may, if the public interest will be booster stations) is designated for served thereby, make a conditional hearing, the applicant shall give notice grant to a group composed of any two of such designation as follows: Notice or more of the competing applicants, shall be given at least twice a week, for such grant to terminate when the suc- 2 consecutive weeks within the 3-week cessful applicant commences operation period immediately following release of under the terms of a regular authoriza- the FCC’s order, specifying the time tion. No conditional grant will be made and place of the commencement of the unless all of the competing applicants hearing, in a daily newspaper of gen- have been afforded a reasonable oppor- eral circulation published in the com- tunity to participate in the group seek- munity in which the station is located ing the conditional grant. In its appli- or proposed to be located. cation, the group shall include a spe- (1) However, if there is no such daily cial showing as to the need for the newspaper published in the commu- service pending operation by the suc- nity, the notice shall be given as fol- cessful applicant under the terms of a lows: regular authorization; the effect, if (i) If one or more weekly newspapers any, of a grant on the position of any of general circulation are published in applicant which is not a member of the the community in which the station is

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located or proposed to be located, no- cast stations such notice shall be tice shall be given in such a weekly broadcast orally with the camera fo- newspaper once a week for 3 consecu- cused on the announcer. The notice re- tive weeks within the 4-week period quired by this paragraph shall be immediately following the release of broadcast during the following periods: the FCC’s order, specifying the time (1) For commercial TV stations, be- and place of the commencement of the tween 7:00 p.m. and 10:00 p.m. hearing; (2) For commercial AM and FM sta- (ii) If no weekly newspaper of general tions, between 7:00 a.m. and 10:00 a.m., circulation is published in the commu- but if such stations do not operate dur- nity in which the station is located or ing those hours, then between 6:00 p.m. proposed to be located, notice shall be and 9:00 p.m. given at least twice a week for 2 consecutive weeks within the 3-week pe- (3) For noncommercial educational riod immediately following the release TV stations, between 7:00 p.m. and 10:00 of the FCC’s orders, specifying the time p.m., but if the period of broadcast of and place of the commencement of the notice falls within a portion of the year hearing in the daily newspaper having during which such stations do not the greatest general circulation in the broadcast, then such stations need not community in which the station is lo- comply with the provisions of this cated or proposed to be located. paragraph. (2) In the case of an application for a (4) For noncommercial educational permit pursuant to Section 325(c) of AM and FM stations, between 3:00 p.m. the Communications Act, the notice and 10:00 p.m., but if the period of shall be given at least twice a week for broadcast of notice falls within a por- 2 consecutive weeks within the 3-week tion of the year during which such sta- period immediately following release of tions do not broadcast, then such sta- the FCC’s order, specifying the time tions need not comply with the provi- and place of the commencement of the sions of this paragraph. hearing in a daily newspaper of general (c) If the station in question is the circulation in the largest city in the only operating station in its broadcast principal area to be served in the service which is located in the commu- United States by the foreign radio nity involved, or if it is a broadcast station. noncommerical educational station, (3) In the case of an application for publication of the notice in a news- change in the location of a station, the paper, as provided in paragraph (a) of notice shall be given both in the com- this section, is not required, and publi- munity in which the station is located cation by broadcast over that station and in the community in which the as provided in paragraph (b) of this sec- station is proposed to be located. tion shall be deemed sufficient to meet (b) When an application which is sub- the requirements of paragraphs (a) and ject to the provisions of § 73.3580 and (b) of this section. However, non- which seeks modification, assignment, commercial educational stations which transfer, or renewal of an operating do not broadcast during the portion of broadcast station is designated for the year in which the period of broad- hearing (except for applications for an cast of notice falls must comply with International broadcast, low power TV, the provisions of paragraph (a) of this TV translator, FM translator, or FM section. booster stations), the applicant shall, in addition to giving notice of such des- (d) The notice required by paragraphs ignation as provided in paragraph (a) of (a) and (b) of this section shall state: this section, cause the same notice to (1) The name of the applicant or ap- be broadcast over that station at least plicants designated for hearing. once daily for 4 days in the second (2) The call letters, if any, of the sta- week immediately following the re- tions or stations involved, and the fre- lease of the FCC’s order, specifying the quencies or channels on which the sta- time and place of the commencement tion or stations are operating or proof the hearing. In the case of both composed to operate. mercial and noncommercial TV broad- (3) The time and place of the hearing.

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(4) The issues in the hearing as listed culation in the community or area to in the FCC’s order or summary of des- be served, the applicant shall deter- ignation for hearing. mine an appropriate means of pro- (5) A statement that a copy of the ap- viding the required notice to the gen- plication, amendment(s), and related eral public, such as posting in the local material are on file for public inspec- post office or other public place. The tion at a stated address in the commu- notice shall state: nity in which the station is located or (1) The name of the applicant or ap- is proposed to be located. See §§ 73.3526 plicants designated for hearing. and 73.3527. (2) The call letters, if any, of the sta- (e) When an application for renewal tion or stations involved, the output of license is designated for hearing, the channel or channels of such stations, notice shall contain the following addi- and, for any rebroadcasting, the call tional statements: letters, channel and location of the sta- (1) Immediately preceding the listing tion or stations being or proposed to be of the issues in the hearing: rebroadcast. (3) The time and place of the hearing. The application of this station for a renewal of its license to operate this station in (4) The issues in the hearing as listed the public interest was tendered for filing in the FCC’s order or summary of des- with the Federal Communications Commis- ignation for hearing. sion on (date). After considering this applica- (5) If the application is for renewal of tion, the FCC has determined that it is nec- license, the notice shall contain, in ad- essary to hold a hearing to decide the fol- dition to the information required by lowing questions: paragraphs (f) (1) through (4) of this (2) Immediately following the listing section, the statements required by of the issues in the hearing: paragraph (e) of this section. (g) Within 7 days of the last day of The hearing will be held at (place of hear- publication or broadcast of the notice ing) commencing at (time), on (date). Mem- bers of the public who desire to give evidence required by paragraphs (a) and (b) of concerning the foregoing issues should write this section, the applicant shall file a to the Federal Communications Commission, statement in triplicate with the FCC Washington, DC 20554, not later than (date). setting forth the dates on which the Letters should set forth in detail the specific notice was published, the newspaper in facts concerning which the writer wishes to which the notice was published, the give evidence. If the FCC believes that the text of the notice, and/or, where appli- evidence is legally competent, material, and cable, the date and time the notice was relevant to the issues, it will contact the person in question. broadcast and the text thereof. When (Here the applicant shall insert, as the public notice is given by other means, date on or before which members of the pub- as provided in pararaph (f) of this sec- lic who desire to give evidence should write tion, the applicant shall file, within 7 to the FCC, the date 30 days after the date of days of the giving of such notice, the release of the FCC’s order specifying the text of the notice, the means by which time and place of the commencement of the it was accomplished, and the date hearing.) thereof. (f) When an application for a low (h) The failure to comply with the power TV, TV translator, FM trans- provisions of this section is cause for lator, or FM booster station which is dismissal of an application with preju- subject to the provisions of § 73.3580 is dice. However, upon a finding that ap- designated for hearing, the applicant plicant has complied (or proposes to shall give notice of such designation as comply) with the provisions of Section follows: Notice shall be given at least 311(a)(2) of the Communications Act, once during the 2-week period imme- and that the public interest, conven- diately following release of the FCC’s ience and necessity will be served order, specifying the time and place of thereby, the presiding officer may au- the commencement of the hearing in a thorize an applicant, upon a showing of daily, weekly or biweekly publication special circumstances, to publish no- having general circulation in the com- tice in a manner other than that pre- munity or area to be served. However, scribed by this section; may accept if there is no publication of general cir- publication of notice which does not

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conform strictly in all respects with or minority controlled entity in fur- the provisions of this section; or may therance of our Minority Ownership extend the time for publishing notice. Policy. (b)(1) The commencement date of the [44 FR 38508, July 2, 1979, as amended at 47 FR 21495, May 18, 1982; 48 FR 9012, Mar. 3, one-year period set forth in paragraph 1983; 49 FR 38132, Sept. 27, 1984; 51 FR 19347, (a) of this section shall be the date on May 29, 1986; 52 FR 21686, June 9, 1987; 58 FR which the station initiated program 51251, Oct. 1, 1993] tests in accordance with § 73.1620 or § 74.14. § 73.3597 Procedures on transfer and (2) In determining whether the sta- assignment applications. tion has been operating on-air for one (a) If, upon the examination of an ap- year, the FCC will calculate the period plication for FCC consent to an assign- between the date of initiation of pro- ment of a broadcast construction per- gram tests (as specified in paragraph mit or license or for a transfer of con- (b)(1) of this section) and the date the trol of a corporate permittee or li- application for transfer or assignment censee, it appears that the station in- is tendered for filing with the FCC. volved has been operated on-air by the (c)(1) As used in paragraphs (c) and current licensee or permittee for less (d) of this section: than one year, the application will be (i) Unbuilt station refers to an AM, designated for hearing on appropriate FM, or TV broadcast station or a low issues unless the FCC is able to find power TV or TV translator station for that: which a construction permit is out- (1) The permit or license was not au- standing, and, regardless of the stage thorized either through the Minority of physical completion, as to which Ownership Policy or after a compara- program tests have not commenced or, tive hearing or, in the case of low if required, been authorized. power TV and TV translator stations, (ii) Seller includes the assignor(s) of a the permit or license was not author- construction permit for an unbuilt sta- ized after a lottery in which the per- tion, the transferor(s) of control of the mittee or licensee benefited from mi- holder of such construction permit, and nority or diversity preferences; any principal or such assignor(s) or (2) The application involves an FM transferor(s) who retains an interest in translator station or FM booster sta- the permittee or acquires or reacquires tion only; such interest within 1 year after com- (3) The application involves a pro mencing program tests. forma assignment or transfer of con- (iii) The provisions of paragraphs (c) trol; or and (d) of this section apply only to (4) The assignor or transferor has mutually exclusive noncommercial made an affirmative factual showing, educational applications filed on or supported by affidavits of a person or after the release of the Report and persons with personal knowledge there- Order in MM Docket 98–43, where the of, which establishes that, due to un- construction permit is issued pursuant availability of capital, to death or dis- to settlement agreement. ability of station principals, or to (2) The FCC will not consent to the other changed circumstances affecting assignment or transfer of control of the the licensee or permittee occurring construction permit of an unbuilt sta- subsequent to the acquisition of the li- tion if the agreements or under- cense or permit, FCC consent to the standings between the parties provide proposed assignment or transfer of con- for, or permit, payment to the seller of trol will serve the public interest, con- a sum in excess of the aggregate venience and necessity. amount clearly shown to have been le- (5) the assignee or transferee has gitimately and prudently expended and made an affirmative factual showing, to be expended by the seller, solely for supported by affidavits of a person or preparing, filing, and advocating the persons with personal knowledge there- grant of the construction permit for of, which established that the proposed the station, and for other steps reason- transaction would involve an assign- ably necessary toward placing the sta- ment or transfer to a minority-owned tion in operation.

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(3)(i) Applications for consent to the tionate to the seller’s equity share in assignment of a construction permit or the permittee, taking into account eq- transfer of control shall, in the case of uity capital, loan capital, and guaran- unbuilt stations, be accompanied by tees of interest and amortization pay- declarations both by the assignor (or ments for loan capital provided by the transferor) and by the assignee (or seller before the transfer or assign- transferee) that, except as clearly dis- ment. This condition will be satisfied: closed in detail in the applications, (i) In the case of equity capital: By there are no agreements or under- paid-in cash capital contributions pro- standings for reimbursement of the portionate to the seller’s equity share; seller’s expenses or other payments to (ii) In cases where any person who the seller, for the seller’s retention of has an equity interest in the permittee any interest in the station, for options provides loan capital: By the seller’s or any other means by which the seller provision of that part of the total loan may acquire such an interest, or for capital provided by equity holders any other actual or potential benefit to which is proportionate to the seller’s the seller in the form of loans, the sub- equity share; and sequent repurchase of the seller’s re- (iii) In cases where any person tained interest, or otherwise. cosigns or otherwise guarantees pay- (ii) When the seller is to receive re- ments under notes given for loan cap- imbursement of his expenses, the appli- ital provided by nonequity holders: By cations of the parties shall include an similar guarantees by the seller cov- itemized accounting of such expenses, ering that part of such payments as is together with such factual information proportionate to the seller’s equity as the parties rely upon for the req- share. However, this condition shall uisite showing that those expenses rep- not be deemed to be met if the guaran- resent legitimate and prudent outlays tees given by persons other than the made solely for the purposes allowable seller cover, individually or collec- under paragraph (c)(2) of this section. tively, a larger portion of such pay- (d)(1) Whenever an agreement for the ments than the ratio of the combined assignment of the construction permit equities of persons other than the sell- of an unbuilt station or for the transfer er to the total equity. of control of the permittee of an un- (3) In cases which are subject to the built station, or any arrangement or requirements of paragraphs (d)(2) (i), understanding incidental thereto, pro- (ii) and (iii) of this section: vides for the retention by the seller of (i) The assignee’s (or transferee’s) ap- any interest in the station, or for any plication shall include a showing of the other actual or potential benefit to the anticipated capital needs of the station seller in the form of loans or otherwise, through the first year of its operation the question is raised as to whether the and the seller’s financial capacity to transaction involves actual or poten- comply with the above requirements, tial gain to the seller over and above in the light of such anticipated capital the legitimate and prudent out-of- needs. pocket expenses allowable under para- (ii) The FCC will determine from its graph (c)(2) of this section. In such review of the applications whether a cases the FCC will designate the as- hearing is necessary to ensure compli- signment or transfer applications for ance with the above requirements. evidentiary hearing. However, a hear- (iii) Compliance with the above re- ing is not mandatory in cases coming quirements will be subject to review by within paragraph (d)(2) of this section. the FCC at any time, either when con- (2) It is not intended to forbid the sidering subsequently filed applica- seller to retain an equity interest in an tions or whenever the FCC may other- unbuilt station which he is transfer- wise find it desirable. ring or assigning if the seller obligates (iv) Within 30 days after any time himself, for the period ending 1 year when a seller is required to provide eq- after commencing program tests, to uity or loan capital or execute guaran- provide that part of the total capital tees, the permittee shall furnish the made available to the station, up to FCC a written report containing suffi- the end of that period, which is propor- cient details as to the sources and

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amounts of equity capital paid in, loan tion of a new LPFM station shall speci- capital made available, or guarantees fy a period of eighteen months from obtained as to enable the FCC to ascer- the date of issuance of the construction tain compliance with the above re- permit within which construction shall quirements. be completed and application for li- (v) No steps shall be taken by the cense filed. A LPFM permittee unable permittee to effectuate arrangements to complete construction within the for the provision of equity or loan cap- time frame specified in the original ital from sources not previously identi- construction permit may apply for an fied and disclosed to the FCC, until 30 eighteen month extension upon a show- days after the permittee has filed with ing of good cause. The LPFM permittee the FCC a report of such arrangements must file for an extension on or before and of provisions made for the seller’s the expiration of the construction compliance with the above require- deadline specified in the original con- ment. struction permit. An eligible entity (vi) The provisions of paragraphs that acquires an issued and out- (d)(3) (iv) and (v) of this section shall cease to apply 1 year after commencing standing construction permit for a sta- program tests. tion in any of the services listed in this (4) Applications subject to this para- paragraph shall have the time remain- graph (d) of this section will, in any ing on the construction permit or event, be designated for evidentiary eighteen months from the consumma- hearing in any case where the agree- tion of the assignment or transfer of ments, arrangements or under- control, whichever is longer, within standings with the seller provide for which to complete construction and the seller’s option to acquire equity in file an application for license. For pur- the station or to increase equity inter- poses of the preceding sentence, an ests he retains at the time of the as- ‘‘eligible entity’’ shall include any en- signment or transfer of control. An evi- tity that qualifies as a small business dentiary hearing will similarly be held under the Small Business Administra- in any case in which the assignee(s), tion’s size standards for its industry transferee(s) or any of their principals, grouping, as set forth in 13 CFR 121 or any person in privity therewith, has through 201, at the time the trans- an option to purchase all or part of the action is approved by the FCC, and seller’s retained or subsequently ac- holds quired equity interests in the station. (1) 30 percent or more of the stock or [44 FR 38509, July 2, 1979, as amended at 47 partnership interests and more than 50 FR 24580, June 7, 1982; 47 FR 55930, Dec. 14, percent of the voting power of the cor- 1982; 48 FR 9012, Mar. 3, 1983; 48 FR 27207, poration or partnership that will hold June 13, 1983; 50 FR 6946, Feb. 19, 1985; 53 FR the construction permit; or 36787, Sept. 22, 1988; 63 FR 70050, Dec. 18, 1998] (2) 15 percent or more of the stock or § 73.3598 Period of construction. partnership interests and more than 50 percent of the voting power of the cor- (a) Except as provided in the last two poration or partnership that will hold sentences of this paragraph, each origi- the construction permit, provided that nal construction permit for the construction of a new TV, AM, FM or no other person or entity owns or con- International Broadcast; low power trols more than 25 percent of the out- TV; TV translator; TV booster; FM standing stock or partnership inter- translator; or FM booster station, or to ests; or make changes in such existing sta- (3) More than 50 percent of the voting tions, shall specify a period of three power of the corporation that will hold years from the date of issuance of the the construction permit if such cor- original construction permit within poration is a publicly traded company. which construction shall be completed (b) The period of construction for an and application for license filed. Ex- original construction permit shall toll cept as provided in the last two sen- when construction is prevented by the tences of this paragraph, each original following causes not under the control construction permit for the construc- of the permittee:

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(1) Construction is prevented due to (e) Any construction permit for an act of God, defined in terms of nat- which construction has not been com- ural disasters (e.g., floods, tornados, pleted and for which an application for hurricanes, or earthquakes); license has not been filed, shall be (2) The grant of the permit is the sub- automatically forfeited upon expira- ject of administrative or judicial re- tion without any further affirmative view (i.e., petitions for reconsideration cancellation by the Commission. and applications for review of the grant [63 FR 70050, Dec. 18, 1998, as amended at 65 of a construction permit pending before FR 7648, Feb. 15, 2000; 68 FR 12761, Mar. 17, the Commission and any judicial ap- 2003; 69 FR 53352, Sept. 1, 2004; 73 FR 5684, peal of any Commission action there- Jan. 30, 2008; 73 FR 28369, May 16, 2008; 74 FR on), or construction is delayed by any 8879, Feb. 27, 2009] cause of action pending before any § 73.3601 Simultaneous modification court of competent jurisdiction relat- and renewal of license. ing to any necessary local, state or fed- When an application is granted by eral requirement for the construction the FCC necessitating the issuance of a or operation of the station, including modified license less than 60 days prior any zoning or environmental require- to the expiration date of the license ment; or sought to be modified, and an applica- (3) A request for international coordi- tion for renewal of the license is grant- nation, with respect to an original con- ed subsequent or prior thereto (but struction permit for a new DTV sta- within 30 days of expiration of the tion, has been sent to Canada or Mex- present license), the modified license ico on behalf of the station and no reas well as the renewal license shall be sponse from the country affected has issued to conform to the combined ac- been received, or the licensee or per- tion of the FCC. mittee is challenging the response from Canada or Mexico on the grounds [44 FR 38511, July 2, 1979] that the facility as approved would not § 73.3603 Special waiver procedure rel- permit the station to serve the popu- ative to applications. lation that is both approved by the (a) In the case of any broadcast appli- Commission and served by the station’s cations designated for hearing, the par- TV (analog) facility to be vacated by ties may request the FCC to grant or June 12, 2009. deny an application upon the basis of (c) A permittee must notify the Com- the information contained in the appli- mission as promptly as possible and, in cations and other papers specified in any event, within 30 days, of any perti- paragraph (b) of this section without nent event covered by paragraph (b) of the presentation of oral testimony. this section, and provide supporting Any party desiring to follow this proce- documentation. All notifications must dure should execute and file with the be filed in triplicate with the Secretary FCC a waiver in accordance with para- and must be placed in the station’s graph (e) of this section, and serve cop- local public file. ies on all other parties, or a joint waiv- (d) A permittee must notify the Com- er may be filed by all the parties. Upon mission promptly when a relevant ad- the receipt of waivers from all parties ministrative or judicial review is re- to a proceeding, the FCC will decide solved. Tolling resulting from an act of whether the case is an appropriate one God will automatically cease six for determination without the presen- months from the date of the notifica- tation of oral testimony. If it is deter- tion described in paragraph (c) of this mined by the FCC that, notwith- section, unless the permittee submits standing the waivers, the presentation additional notifications at six month of oral testimony is necessary, the par- intervals detailing how the act of God ties will be so notified and the case will continues to cause delays in construc- be retained on the hearing docket. If tion, any construction progress, and the FCC concludes that the case can the steps it has taken and proposes to appropriately be decided without the take to resolve any remaining impedi- presentation of oral testimony, the ments. record will be considered as closed as of

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the date the waivers of all the parties to remove a conflict between their ap- were first on file with the FCC. plications, the applications will be re- (b) In all cases considered in accord- tained in hearing status pending such ance with this procedure, the FCC will proceedings on the joint request as decide the case on the basis of the in- may be ordered and such action there- formation contained in the applica- on as may be taken. tions and in any other papers per- (1) If further hearing is not required taining to the applicants or applica- on issues other than those arising out tions which are open to public inspec- of the agreement, the proceeding shall tion and which were on file with the be terminated and appropriate disposi- FCC when the record was closed. The tion shall be made of the applications. FCC may call upon any party to fur- (2) Where further hearing is required nish any additional information which on issues unrelated to the agreement, the FCC deems necessary to a proper the presiding officer shall continue to decision. Such information shall be conduct the hearing on such other served upon all parties. The waiver pre- issues pending final action on the viously executed by the parties shall be agreement, but the record in the pro- considered in effect unless within 10 ceeding shall not be closed until such days of the service of such information final action on the agreement has been the waiver is withdrawn. taken. (c) Any decision by the FCC rendered (3) In any case where a conflict be- pursuant to this section will be in the tween applications will be removed by nature of a final decision, unless other- an agreement for an engineering wise ordered by the FCC. amendment to an application, the (d) By agreeing to the waiver proce- amended application shall be removed dure prescribed in this section, no from hearing status upon final ap- party shall be deemed to waive the right to petition for reconsideration or proval of the agreement and accept- rehearing, or to appeal to the courts ance of the amendment. from any adverse final decision of the (c) An application for a broadcast fa- FCC. cility which has been designated for (e) The waiver provided for by this hearing and which is amended so as to section shall be in the following form: eliminate the need for hearing or further hearing on the issues specified, WAIVER other than as provided for in paragraph Name of applicant...... (b) of this section, will be removed Call letters...... from hearing status. Docket No...... [44 FR 38511, July 2, 1979] The undersigned hereby requests the FCC to consider its application and grant or deny § 73.3612 Annual employment report. it in accordance with the procedure prescribed in § 73.3603 of the FCC’s rules and reg- Each licensee or permittee of a com- ulations. It is understood that all the terms mercially or noncommercially oper- and provisions of llll are incorporated in ated AM, FM, TV, Class A TV or Inter- this waiver. national Broadcast station with five or [44 FR 38511, July 2, 1979] more full-time employees shall file an annual employment report with the § 73.3605 Retention of applications in FCC on or before September 30 of each hearing status after designation for year on FCC Form 395–B. hearing. (a) After an application for a broad- NOTE TO § 73.3612: Data concerning the gender, race and ethnicity of a broadcast sta- cast facility is designated for hearing, tion’s workforce collected in the annual em- it will be retained in hearing status ployment report will be used only for pur- upon the dismissal or amendment and poses of analyzing industry trends and mak- removal from hearing of any other ap- ing reports to Congress. Such data will not plication or applications with which it be used for the purpose of assessing any as- has been consolidated for hearing. pect of an individual broadcast licensee’s (b) Where any applicants for a broad- compliance with the equal employment op- cast facility file a request pursuant to portunity requirements of § 73.2080. § 73.3525(a) for approval of an agreement [69 FR 34954, June 23, 2004]

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§ 73.3613 Availability to FCC of station (ii) Instruments for the issuance of contracts. new stock; or Each licensee or permittee of a com- (iii) Agreements for the acquisition mercial or noncommercial AM, FM, TV of licensee’s or permittee’s stock by or International broadcast station the issuing licensee or permittee cor- shall provide the FCC with copies of poration, pledges, trust agreements or the following contracts, instruments, abstracts thereof, options to purchase and documents together with amend- stock and other executory agreements. ments, supplements, and cancellations Should the FCC request an abstract of (with the substance of oral contracts the trust agreement in lieu of the trust reported in writing), within 7 days of a agreement, the licensee or permittee request by the FCC. will submit the following information concerning the trust: (a) Network service: Network affili- (A) Name of trust; ation contracts between stations and (B) Duration of trust; networks will be reduced to writing (C) Number of shares of stock owned; and filed upon request as follows: (D) Name of beneficial owner of (1) All network affiliation contracts, stock; agreements, or understandings between (E) Name of record owner of stock; a TV broadcast or low power TV sta- (F) Name of the party or parties who tion and a national network. For the have the power to vote or control the purposes of this paragraph the term vote of the shares; and network means any person, entity, or (G) Any conditions on the powers of corporation which offers an inter- voting the stock or any unusual char- connected program service on a regular acteristics of the trust. basis for 15 or more hours per week to (4) Proxies with respect to the licens- at least 25 affiliated television licensee’s or permittee’s stock running for a ees in 10 or more states; and/or any per- period in excess of 1 year, and all prox- son, entity, or corporation controlling, ies, whether or not running for a period controlled by, or under common con- of 1 year, given without full and de- trol with such person, entity, or cor- tailed instructions binding the nomi- poration. nee to act in a specified manner. With (2) Each such filing shall consist of respect to proxies given without full all of the terms and conditions of such and detailed instructions, a statement contract, agreement or understanding, showing the number of such proxies, by including any other paper or document whom given and received, and the per- incorporated by reference or otherwise. centage of outstanding stock rep- (b) Ownership or control: Contracts, resented by each proxy shall be sub- instruments or documents relating to mitted by the licensee or permittee if the present or future ownership or con- the stock covered by such proxies has trol of the licensee or permittee or of been voted. However, when the licensee the licensee’s or permittee’s stock, or permittee is a corporation having rights or interests therein, or relating more than 50 stockholders, such com- to changes in such ownership or con- plete information need be filed only trol shall include but are not limited to with respect to proxies given by stock- the following: holders who are officers or directors, or (1) Articles of partnership, associa- who have 1% or more of the corporation, and incorporation, and changes in tion’s voting stock. When the licensee such instruments; or permittee is a corporation having (2) Bylaws, and any instruments ef- more than 50 stockholders and the fecting changes in such bylaws; stockholders giving the proxies are not (3) Any agreement, document or in- officers or directors or do not hold 1% strument providing for the assignment or more of the corporation’s stock, the of a license or permit, or affecting, di- only information required to be filed is rectly or indirectly, the ownership or the name of any person voting 1% or voting rights of the licensee’s or per- more of the stock by proxy, the num- mittee’s stock (common or preferred, ber of shares voted by proxy by such voting or nonvoting), such as: person, and the total number of shares (i) Agreements for transfer of stock; voted at the particular stockholders’

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meeting in which the shares were voted athletic contests, musical programs by proxy. and special events) broadcast pursuant (5) Mortgage or loan agreements con- to the contract is not under control of taining provisions restricting the li- the station; and contracts with chief censee’s or permittee’s freedom of op- operators or other engineering per- eration, such as those affecting voting sonnel. rights, specifying or limiting the amount of dividends payable, the pur- [44 FR 38512, July 2, 1979, as amended at 47 chase of new equipment, or the mainte- FR 21496, May 18, 1982; 50 FR 4664, Feb. 1, 1985; 50 FR 30951, July 31, 1985; 51 FR 9966, nance of current assets. Mar. 24, 1986; 51 FR 15785, Apr. 28, 1986; 57 FR (6) Any agreement reflecting a 18093, Apr. 29, 1992; 57 FR 42706, Sept. 16, 1992; change in the officers, directors or 61 FR 36305, July 10, 1996; 63 FR 70050, Dec. 18, stockholders of a corporation, other 1998; 64 FR 50646, Sept. 17, 1999; 66 FR 9972, than the licensee or permittee, having Feb. 13, 2001; 68 FR 46358, Aug. 5, 2003; 79 FR an interest, direct or indirect, in the li- 29006, May 20, 2014; 83 FR 757, Jan. 8, 2018; 83 censee or permittee as specified by FR 85558, Dec. 21, 2018] § 73.3615. (7) Agreements providing for the as- § 73.3615 Ownership reports. signment of a license or permit or (a) The Ownership Report for Com- agreements for the transfer of stock mercial Broadcast Stations (FCC Form filed in accordance with FCC applica- 323) must be filed electronically every tion Forms 314, 315, 316 need not be re- two years by each licensee of a com- submitted pursuant to the terms of mercial AM, FM, or TV broadcast sta- this rule provision. tion and any entity that holds an inter- (c) Personnel: (1) Management con- est in the licensee that is attributable sultant agreements with independent pursuant to § 73.3555 (each a ‘‘Respond- contractors; contracts relating to the ent’’). The ownership report shall be utilization in a management capacity filed by December 1 in all odd-num- of any person other than an officer, di- bered years. Each ownership report rector, or regular employee of the li- shall provide all information required censee or permittee; station manage- by, and comply with all requirements ment contracts with any persons, set forth in, the version of FCC Form whether or not officers, directors, or 323 (including all instructions for the regular employees, which provide for form and schedule) that is current on both a percentage of profits and a shar- October 1 of the year in which the owning in losses; or any similar agree- ership report is filed. The information ments. provided on each ownership report (2) The following contracts, agree- shall be current as of October 1 of the ments, or understandings need not be filed: Agreements with persons regu- year in which the ownership report is larly employed as general or station filed. A Respondent with a current and managers or salesmen; contracts with unamended biennial ownership report program managers or program per- (i.e., an ownership report that was filed sonnel; contracts with attorneys, ac- pursuant to this subsection) on file countants or consulting radio engi- with the Commission that is still accu- neers; contracts with performers; con- rate and which was filed using the tracts with station representatives; version of FCC Form 323 that is current contracts with labor unions; or any on October 1 of the year in which its bi- similar agreements. ennial ownership report is due may (d) Other agreements: Subchannel electronically validate and resubmit leasing agreements for Subsidiary its previously filed biennial ownership Communications Authorization oper- report. ation; franchise/leasing agreements for (b)(1) Each permittee of a commer- operation of telecommunications serv- cial AM, FM or TV broadcast station ices on the television vertical blanking and any entity that holds an interest interval and in the visual signal; time in the permittee that is attributable sales contracts with the same sponsor pursuant to § 73.3555 (each a ‘‘Respond- for 4 or more hours per day, except ent’’) shall file an ownership report on where the length of the events (such as FCC Form 323 within 30 days of the

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date of grant by the FCC of an applica- of a noncommercial educational AM, tion by the permittee for original con- FM or TV broadcast station and any struction permit. Each ownership re- entity that holds an interest in the li- port shall provide all information re- censee that is attributable pursuant to quired by, and comply with all require- § 73.3555 (each a ‘‘Respondent’’). The ments set forth in, the version of FCC ownership report shall be filed by De- Form 323 (including all instructions for cember 1 in all odd-numbered years. the form and schedule) that is current Each ownership report shall provide all on the date on which the ownership re- information required by, and comply port is filed. with all requirements set forth in, the (2) Except as specifically noted version of FCC Form 323–E (including below, each permittee of a commercial all instructions for the form and sched- AM, FM or TV broadcast station and ule) that is current on October 1 of the any entity that holds an interest in the year in which the ownership report is permittee that is attributable pursuant filed. The information provided on each to § 73.3555 (each a ‘‘Respondent’’) shall ownership report shall be current as of file an ownership report on FCC Form October 1 of the year in which the own- 323 on the date that the permittee ap- ership report is filed. A Respondent plies for a station license. Each owner- with a current and unamended biennial ship report shall provide all informa- ownership report (i.e., an ownership re- tion required by, and comply with all port that was filed pursuant to this requirements set forth in, the version subsection) on file with the Commis- of FCC Form 323 (including all instruc- sion that is still accurate and which tions for the form and schedule) that is was filed using the version of FCC current on the date on which the own- Form 323–E that is current on October ership report is filed. If a Respondent 1 of the year in which its biennial own- has a current and unamended owner- ership report is due may electronically ship report on file with the Commis- validate and resubmit its previously sion that was filed pursuant to para- filed biennial ownership report. graphs (b)(1) or (c) of this section, was (e)(1) Each permittee of a non- submitted using the version of FCC commercial educational AM, FM or TV Form 323 that is current on the date on broadcast station and any entity that which the ownership report due pursu- holds an interest in the permittee that ant to paragraph(b)(2) is filed, and is is attributable pursuant to § 73.3555 still accurate, the Respondent may cer- (each a ‘‘Respondent’’) shall file an tify that it has reviewed such owner- ownership report on FCC Form 323–E ship report and that it is accurate, in within 30 days of the date of grant by lieu of filing a new ownership report. the FCC of an application by the per- (c) Each permittee or licensee of a mittee for original construction per- commercial AM, FM or TV broadcast mit. Each ownership report shall pro- station and any entity that holds an vide all information required by, and interest in the permittee or licensee comply with all requirements set forth that is attributable pursuant to in, the version of FCC Form 323–E (in- § 73.3555 (each a ‘‘Respondent’’), shall cluding all instructions for the form file an ownership report on FCC Form and schedule) that is current on the 323 within 30 days of consummating au- date on which the ownership report is thorized assignments or transfers of filed. permits and licenses. Each ownership (2) Except as specifically noted report shall provide all information re- below, each permittee of a noncommer- quired by, and comply with all require- cial educational AM, FM or TV broad- ments set forth in, the version of FCC cast station and any entity that holds Form 323 (including all instructions for an interest in the permittee that is at- the form and schedule) that is current tributable pursuant to § 73.3555 (each a on the date on which the ownership re- ‘‘Respondent’’) shall file an ownership port is filed. report on FCC Form 323–E on the date (d) The Ownership Report for Non- that the permittee applies for a station commercial Broadcast Stations (FCC license. Each ownership report shall Form 323–E) must be filed electroni- provide all information required by, cally every two years by each licensee and comply with all requirements set

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forth in, the version of FCC Form 323– address is http://www.fcc.gov/mmb/audio; E (including all instructions for the the Video Division’s address is http:// form and schedule) that is current on www.fcc.gov/mb/video; the Policy Divi- the date on which the ownership report sion’s address is http://www.fcc.gov/mb/ is filed. If a Respondent has a current policy; the Engineering Division’s ad- and unamended ownership report on dress is http://www.fcc.gov/mb/engineer- file with the Commission that was filed ing; and the Industry Analysis Divi- pursuant to paragraphs (e)(1) or (f) of sion’s address is http://www.fcc.gov/mb/ this section, was submitted using the industrylanalysis. version of FCC Form 323–E that is cur- [67 FR 13233, Mar. 21, 2002] rent on the date on which the ownership report due pursuant to this sub- § 73.3700 Post-incentive auction licens- section is filed, and is still accurate, ing and operation. the Respondent may certify that it has (a) Definitions—(1) Broadcast television reviewed such ownership report and station. For purposes of this section, that it is accurate, in lieu of filing a broadcast television station means full new ownership report. power television stations and Class A (f) Each permittee or licensee of a television stations. noncommercial educational AM, FM or (2) Channel reassignment public notice. TV broadcast station, and any entity For purposes of this section, Channel that holds an interest in the permittee Reassignment Public Notice means the or licensee that is attributable pursu- public notice to be released upon the ant to § 73.3555 (each a ‘‘Respondent’’), completion of the broadcast television shall file an ownership report on FCC spectrum incentive auction conducted Form 323–E within 30 days of consum- under section 6403 of the Spectrum Act mating authorized assignments or specifying the new channel assign- transfers of permits and licenses. Each ments and technical parameters of any ownership report shall provide all in- broadcast television stations that are formation required by, and comply reassigned to new channels. with all requirements set forth in, the (3) Channel sharee station. For pur- version of FCC Form 323–E (including poses of this section, channel sharee sta- all instructions for the form and sched- tion means a broadcast television sta- ule) that is current on the date on tion for which a winning channel shar- which the ownership report is filed. ing bid, as defined in § 1.2200(d) of this (g) A copy of all ownership and sup- chapter, was submitted, or a broadcast plemental ownership reports and re- television station for which a winning lated material filed pursuant to this license relinquishment bid, as defined section shall be maintained and made in § 1.2200(g) of this chapter, was sub- available for public inspection locally mitted where the station licensee exe- as required by §§ 73.3526 and 73.3527. cutes and implements a post-auction [44 FR 38513, July 2, 1979, as amended at 49 channel sharing agreement. FR 19498, May 8, 1984; 50 FR 27450, July 3, (4) Channel sharer station. For pur- 1985; 50 FR 40016, Oct. 1, 1985; 53 FR 2499, Jan. poses of this section, channel sharer sta- 28, 1988; 53 FR 5684, Feb. 25, 1988; 63 FR 70050, tion means a broadcast television sta- Dec. 18, 1998; 66 FR 9973, Feb. 13, 2001; 66 FR 12897, Mar. 1, 2001; 74 FR 25168, May 27, 2009; tion that shares its television channel 74 FR 56134, Oct. 30, 2009; 81 FR 19459, Apr. 4, with a channel sharee. 2016; 82 FR 55771, Nov. 24, 2017] (5) Channel sharing agreement (CSA). For purposes of this section, channel § 73.3617 Information available on the sharing agreement or CSA means an exe- Internet. cuted agreement between the licensee The Media Bureau and each of its Di- of a channel sharee station or stations visions provide information on the and the licensee of a channel sharer Internet regarding rules and policies, station governing the use of the shared pending and completed rulemakings, television channel. and pending applications. These sites (6) High-VHF-to-Low-VHF station. For also include copies of public notices purposes of this section, High-VHF-to- and texts of recent decisions. The Low-VHF station means a broadcast tel- Media Bureau’s address is http:// evision station for which a winning www.fcc.gov/mb/; the Audio Division’s high-VHF-to-low-VHF bid, as defined

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in § 1.2200(f) of this chapter, was sub- (14) Spectrum Act. The term Spectrum mitted. Act means Title VI of the Middle Class (7) License relinquishment station. For Tax Relief and Job Creation Act of 2012 purposes of this section, license relin- (Pub. L. 112–96). quishment station means a broadcast (15) Transitioning station. For pur- television station for which a winning poses of this section, a transitioning sta- license relinquishment bid, as defined tion means a: in § 1.2200(g) of this chapter, was sub- (i) Reassigned station, mitted. (ii) UHF-to-VHF station, (8) MVPD. For purposes of this sec- (iii) High-VHF-to-Low-VHF station, tion, MVPD means a person such as, (iv) License relinquishment station, but not limited to, a cable operator, a or multichannel multipoint distribution (v) A channel sharee or sharer sta- service, a direct broadcast satellite tion. service, or a television receive-only (16) TV broadcaster relocation fund. satellite program distributor, who For purposes of this section, the TV makes available for purchase, by sub- Broadcaster Relocation Fund means the scribers or customers, multiple chan- fund established by section 6403(d)(1) of nels of video programming as set forth the Spectrum Act. in section 602 of the Communications (17) UHF-to-VHF station. For purposes Act of 1934 (47 U.S.C. 522). of this section, UHF-to-VHF station (9) Pre-auction channel. For purposes means a television station for which a of this section, pre-auction channel winning UHF-to-VHF bid, as defined in means the channel that is licensed to a § 1.2200(l) of this chapter, was sub- broadcast television station on the mitted. date that the Channel Reassignment (b) Post-auction licensing—(1) Con- Public Notice is released. struction permit applications. (i) Licens- (10) Predetermined cost estimate. For ees of reassigned stations, UHF-to-VHF purposes of this section, predetermined stations, and High-VHF-to-Low-VHF cost estimate means the estimated cost stations must file a minor change ap- of an eligible expense as generally de- plication for a construction permit for termined by the Media Bureau in a the channel specified in the Channel catalog of expenses eligible for reim- Reassignment Public Notice using FCC bursement. Form 2100 Schedule A (for a full power (11) Post-auction channel. For pur- station) or E (for a Class A station) poses of this section, post-auction chan- within three months of the release date nel means the channel specified in the of the Channel Reassignment Public Channel Reassignment Public Notice Notice. Licensees that are unable to or a channel authorized by the Media meet this filing deadline may request a Bureau in a construction permit issued waiver of the deadline no later than 30 after the date that the Channel Reas- days prior to the deadline. signment Public Notice is released (ii) A licensee of a reassigned station under the procedures set forth in para- that is reassigned from one channel to graph (b) of this section. a different channel within its existing (12) Reassigned station. For purposes band will be permitted to propose of this section, a reassigned station transmission facilities in its construc- means a broadcast television station tion permit application that will ex- that is reassigned to a new channel in tend its coverage contour, as defined the Channel Reassignment Public No- by the technical parameters specified tice, not including channel sharing sta- in the Channel Reassignment Public tions, UHF-to-VHF stations, or High- Notice, if such facilities: VHF-to-Low-VHF stations. (A) Are necessary to achieve the cov- (13) Reimbursement period. For pur- erage contour specified in the Channel poses of this section, reimbursement pe- Reassignment Public Notice or to ad- riod means the period ending three dress loss of coverage area resulting years after the completion of the for- from the new channel assignment; ward auction pursuant to section (B) Will not extend a full power tele- 6403(b)(4)(D) of the Spectrum Act. vision station’s noise limited contour

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or a Class A television station’s pro- (v) Construction permit applications tected contour by more than one per- filed pursuant to paragraph (b)(1)(i) of cent in any direction; and this section will be afforded expedited (C) Will not cause new interference, processing if the application: other than a rounding tolerance of 0.5 (A) Does not seek to expand the cov- percent, to any other broadcast tele- erage area, as defined by the technical vision station. parameters specified in the Channel (iii) The licensee of a UHF-to-VHF Reassignment Public Notice, in any di- station or High-VHF-to-Low-VHF sta- rection; tion will be permitted to propose trans- (B) Seeks authorization for facilities mission facilities in its construction that are no more than five percent permit application that will extend its smaller than those specified in the coverage contour, as defined by the Channel Reassignment Public Notice technical parameters specified in the with respect to predicted population Channel Reassignment Public Notice, served; and if the proposed facility will not cause (C) Is filed within the three-month new interference, other than a round- deadline specified in paragraph (b)(1)(i) ing tolerance of 0.5 percent, to any of this section. other broadcast television station. (vi) Delegation of authority. The Com- mission delegates authority to the (iv) Priority filing window. (A) The li- Chief, Media Bureau to establish con- censee of a reassigned station, a UHF- struction periods for reassigned sta- to-VHF station, or a High-VHF-to- tions, UHF-to-VHF stations, and High- Low-VHF station that, for reasons be- VHF-to-Low-VHF stations. yond its control, is unable to construct (vii) Channel sharee stations must facilities that meet the technical pa- file a minor change application for a rameters specified in the Channel Re- construction permit for the channel on assignment Public Notice, or the per- which the channel sharer operates at missible contour coverage variance least sixty (60) days prior to the date from those technical parameters speci- by which it must terminate operations fied in paragraph (b)(1)(ii) or (iii) of on its pre-auction channel pursuant to this section, may request a waiver of paragraphs (b)(4)(i) and (ii) of this sec- the construction permit application tion. The application must include a deadline specified in paragraph (b)(1)(i) copy of the executed channel sharing no later than 30 days prior to the dead- agreement. line. If its waiver request is granted, (2) Applications for alternate channels the licensee will be afforded an oppor- and expanded facilities— tunity to submit an application for a (i) Alternate channels. The licensee of construction permit pursuant to para- a reassigned station, a UHF-to-VHF graph (b)(2)(i) or (ii) of this section in a station, or a High-VHF-to-Low-VHF priority filing window to be announced station, or a broadcast television sta- by the Media Bureau by public notice. tion described in paragraph (b)(1)(iv)(B) (B) The licensee of any broadcast tel- of this section will be permitted to file evision station that the Commission a major change application for a con- makes all reasonable efforts to pre- struction permit for an alternate chan- serve pursuant to section 6403(b)(2) of nel on FCC Form 2100 Schedules A (for the Spectrum Act that is predicted to a full power station) and E (for a Class experience a loss in population served A station) during a filing window to be in excess of one percent as a result of announced by the Media Bureau by the repacking process, either because public notice, provided that: of new station-to-station interference (A) The licensee of a UHF-to-VHF or terrain loss resulting from a new station cannot request an alternate channel assignment (or a combination UHF channel; of both), will be afforded an oppor- (B) The licensee of a UHF-to-VHF tunity to submit an application for a station that specified the high-VHF construction permit pursuant to para- band or the low-VHF band in its UHF- graph (b)(2)(i) or (ii) of this section in to-VHF bid cannot request a VHF the priority filing window required by channel outside of the assigned band; paragraph (b)(1)(iv)(A) of this section. and

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(C) The licensee of a High-VHF-to- cellation procedures in § 73.1750 and ter- Low-VHF station cannot request an al- minate operations on its pre-auction ternate high-VHF channel. channel within three months of the (ii) Expanded facilities. The licensee of date that the licensee receives its in- a reassigned station, a UHF-to-VHF centive payment pursuant to section station, or a High-VHF-to-Low-VHF 6403(a)(1) of the Spectrum Act. station, or a broadcast television sta- (ii) The licensee of a channel sharee tion described in paragraph (b)(1)(iv)(B) station and a licensee of a license re- of this section will be permitted to file linquishment station that has indi- a minor change application for a con- cated in its Form 177 an intent to enter struction permit on FCC Form 2100 into a post-auction channel sharing Schedules A (for a full power station) agreement must comply with the noti- and E (for a Class A station) during a fication and cancellation procedures in filing window to be announced by the § 73.1750 and terminate operations on Media Bureau by public notice, in order its pre-auction channel within six to request a change in the technical pa- months of the date that the licensee re- rameters specified in the Channel Re- ceives its incentive payment pursuant assignment Public Notice (or, in the to section 6403(a)(1) of the Spectrum case of a broadcast television station Act. described in paragraph (b)(1)(iv)(B) of (iii) All reassigned stations, UHF-to- this section that is not reassigned to a VHF stations, and High-VHF-to-Low- new channel, a change in its authorized VHF stations must cease operating on technical parameters) with respect to their pre-auction channel once such height above average terrain (HAAT), station begins operating on its post- effective radiated power (ERP), or auction channel or by the deadline transmitter location that would be specified in its construction permit for considered a minor change under its post-auction channel, whichever oc- § 73.3572(a)(1) and (2) or § 74.787(b) of this curs earlier, and in no event later than chapter. the end of the post-auction transition (iii) Delegation of authority. The Com- period as defined in § 27.4 of this chap- mission delegates authority to the ter. Chief, Media Bureau to: (A) Announce filing opportunities for (5) Applications for additional time to alternate channels and expanded facili- complete construction—(i) Delegation of ties applications and specifying appro- authority. Authority is delegated to the priate processing guidelines, including Chief, Media Bureau to grant a single the standards to qualify for priority fil- extension of time of up to six months ing, cut-off protections, and means to to licensees of reassigned stations, avoid or resolve mutual exclusivity be- UHF-to-VHF stations, and High-VHF- tween applications; and to-Low-VHF stations to complete con- (B) Establish construction periods for struction of their post-auction channel permits authorizing alternate channels upon demonstration by the licensee or expanded facilities. that failure to meet the construction (3) License applications for channel deadline is due to circumstances that sharing stations. The licensee of each are either unforeseeable or beyond the channel sharee station and channel licensee’s control. Licensees needing sharer station must file an application additional time beyond such a single for a license for the shared channel extension of time to complete con- using FCC Form 2100 Schedule B (for a struction shall be subject to the tolling full power station) or F (for a Class A provisions in § 73.3598. station) within six months of the date (ii) Circumstances that may justify that the channel sharee station li- an extension of the construction dead- censee receives its incentive payment line of a licensee of a reassigned sta- pursuant to section 6403(a)(1) of the tion, a UHF-to-VHF station, or a High- Spectrum Act. VHF-to-Low-VHF station include but (4) Deadlines to terminate operations on are not limited to: pre-auction channels. (i) The licensee of (A) Weather-related delays, including a license relinquishment station must a tower location in a weather-sensitive comply with the notification and can- area;

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(B) Delays in construction due to the with these requirements in paragraph unavailability of equipment or a tower (c)(1) of this section or may air 60 sec- crew; onds per day of on-air consumer edu- (C) Tower lease disputes; cation PSAs for 30 days prior to the (D) Unusual technical challenges, station’s termination of operations on such as the need to construct a top- its pre-auction channel. mounted or side-mounted antenna or (3) Transitioning stations, except for the need to coordinate channel changes license relinquishment stations, must with another station; and air 60 seconds per day of on-air con- (E) Delays faced by licensees that sumer education PSAs or crawls for 30 must obtain government approvals, days prior to the station’s termination such as land use or zoning approvals, or of operations on its pre-auction chan- that are subject to competitive bidding nel. requirements prior to purchasing (4) Transition crawls. (i) Each crawl equipment or services. must run during programming for no (iii) A licensee of a reassigned sta- less than 60 consecutive seconds across tion, UHF-to-VHF station, or High- the bottom or top of the viewing area VHF-to-Low-VHF station may rely on and be provided in the same language ‘‘financial hardship’’ as a criterion for as a majority of the programming car- seeking an extension of time if it is ried by the transitioning station. subject to an active bankruptcy or re- (ii) Each crawl must include the date ceivership proceeding, provided that that the station will terminate oper- the licensee makes an adequate show- ations on its pre-auction channel; in- ing that it has filed requests to proceed form viewers of the need to rescan if with construction in the relevant court the station has received a new post- proceedings. Any other licensee that auction channel assignment; and ex- seeks an extension of time based on fi- plain how viewers may obtain more in- nancial hardship must demonstrate formation by telephone or online. that, although it is not subject to an active bankruptcy or receivership pro- (5) Transition PSAs. (i) Each PSA ceeding, rare and exceptional financial must have a duration of at least 15 sec- circumstances warrant granting addi- onds. tional time to complete construction. (ii) Each PSA must be provided in (iv) Applications for additional time the same language as a majority of the to complete construction must be filed programming carried by the electronically in CDBS using FCC transitioning station; include the date Form 337 no less than 90 days before that the station will terminate oper- the expiration of the construction per- ations on its pre-auction channel; in- mit. form viewers of the need to rescan if (c) Consumer education for the station has received a new post- transitioning stations. (1) License relin- auction channel assignment; explain quishment stations that operate on a how viewers may obtain more informa- commercial basis will be required to tion by telephone or online; and for air at least one Public Service An- stations with new post-auction channel nouncement (PSA) and run at least one assignments, provide instructions to crawl in every quarter of every day for both over-the-air and MVPD viewers 30 days prior to the date that the sta- regarding how to continue watching tion terminates operations on its pre- the television station; and be closed- auction channel. One of the required captioned. PSAs and one of the required crawls (6) Licensees of transitioning sta- must be run during prime time hours tions, except for license relinquish- (for purposes of this section, between ment stations, must place a certifi- 8:00 p.m. and 11:00 p.m. in the Eastern cation of compliance with the require- and Pacific time zones, and between ments in paragraph (c) of this section 7:00 p.m. and 10:00 p.m. in the Mountain in their online public file within 30 and Central time zones) each day. days after beginning operations on (2) Noncommercial educational full their post-auction channels. Licensees power television license relinquish- of license relinquishment stations ment stations may choose to comply must include the certification in their

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notification of discontinuation of serv- (iv) For reassigned stations, UHF-to- ice pursuant to § 73.1750 of this chapter. VHF stations, and High-VHF-to-Low- (d) Notice to MVPDs. (1) Licensees of VHF stations, not less than 90 days transitioning stations must provide no- prior to the date on which they will tice to MVPDs that: begin operations on their post-auction (i) No longer will be required to carry channel. the station because it will cease oper- (v) If a station’s anticipated transi- ations or because of the relocation of a tion date changes due to an unforeseen channel sharee station; delay or change in transition plan, the (ii) Currently carry and will continue licensee must send a further notice to to be obligated to carry a station that affected MVPDs informing them of the will have a new post-auction channel new anticipated transition date. assignment; or (e) Reimbursement rules—(1) Entities el- (iii) Will become obligated to carry a igible for reimbursement. The Commis- station due to the relocation of a chan- sion will reimburse relocation costs nel sharee station. reasonably incurred only by: (2) The notice to MVPDs must be pro- (i) The licensees of full power and vided in the form of a letter notifica- Class A broadcast television stations tion and must contain the following in- that are reassigned under section formation: 6403(b)(1)(B)(i) of the Spectrum Act, in- (i) Date and time of any channel cluding channel sharer stations that changes; are reassigned to a new channel in the (ii) Pre-auction and post-auction Channel Reassignment Public Notice; channels; and (iii) Modification (if any) to antenna (ii) MVPDs in order to continue to position, location or power levels; carry the signal of a full power or Class (iv) Stream identification informa- A broadcast television station that is: tion for channel sharing stations; and (A) Described in paragraph (e)(1)(i) of (v) Engineering staff contact infor- this section; mation. (B) A UHF-to-VHF station; (3) Should any of the information in (C) A High-VHF-to-Low-VHF station; (d)(2) of this section change during the or time that the station is transitioning (D) A channel sharee station. from its pre-auction to its post-auction (2) Estimated costs. (i) No later than channel, an amended notification must three months following the release of be sent. the Channel Reassignment Public No- (4) For cable systems, the notifica- tice, all broadcast television station li- tion letter must be addressed to the censees and MVPDs that are eligible to system’s official address of record pro- receive payment of relocation costs vided in the cable system’s most recent will be required to file an estimated filing in the Commission’s Cable Oper- cost form providing an estimate of ations and Licensing System (COALS) their reasonably incurred relocation Form 322. For all other MVPDs, the no- costs. tification letter must be addressed to (ii) Each broadcast television station the official corporate address reg- licensee and MVPD that submits an es- istered with their State of incorpora- timated cost form will be required to tion. certify, inter alia, that: (5) Notification letters must be sent (A) It believes in good faith that it within the following time frames: will reasonably incur all of the esti- (i) For license relinquishment sta- mated costs that it claims as eligible tions, not less than 30 days prior to ter- for reimbursement on the estimated minating operations; cost form; (ii) For channel sharee stations, not (B) It will use all money received less than 30 days prior to terminating from the TV Broadcaster Relocation operations of the pre-auction channel; Fund only for expenses it believes in (iii) For channel sharee and channel good faith are eligible for reimburse- sharer stations, not less than 30 days ment; prior to initiation of operations on the (C) It will comply with all policies shared channel; and and procedures relating to allocations,

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draw downs, payments, obligations, containing a list of estimated expenses and expenditures of money from the and actual expenses as of a date to be TV Broadcaster Relocation Fund; determined by the Media Bureau. Enti- (D) It will maintain detailed records, ties that have finished construction including receipts, of all costs eligible and have submitted all actual expense for reimbursement actually incurred; documentation by the Final Allocation and Deadline will not be required to file at (E) It will file all required docu- the final accounting stage. mentation of its relocation expenses as (5) Progress reports. Broadcast tele- instructed by the Media Bureau. vision station licensees and MVPDs (iii) If a broadcast television station that receive payment from the TV licensee or MVPD seeks reimburse- Broadcaster Relocation Fund are re- ment for new equipment, it must pro- quired to submit progress reports at a vide a justification as to why it is rea- date and frequency to be determined by sonable under the circumstances to the Media Bureau. purchase new equipment rather than (6) Documentation requirements. (i) modify its corresponding current Each broadcast television station li- equipment in order to change channels censee and MVPD that receives pay- or to continue to carry the signal of a ment from the TV Broadcaster Reloca- broadcast television station that tion Fund is required to retain all rel- changes channels. evant documents pertaining to con- (iv) Entities that submit their own struction or other reimbursable cost estimates, as opposed to the pre- changes for a period ending not less determined cost estimates provided in than 10 years after the date on which it the estimated cost form, must submit receives final payment from the TV supporting evidence and certify that Broadcaster Relocation Fund. the estimate is made in good faith. (ii) Each broadcast television station (3) Final Allocation Deadline. (i) Upon licensee and MVPD that receives pay- completing construction or other reim- ment from the TV Broadcaster Reloca- bursable changes, or by a specific deadline prior to the end of the Reimburse- tion Fund must make available all rel- ment Period to be established by the evant documentation upon request Media Bureau, whichever is earlier, all from the Commission or its contractor. broadcast television station licensees (7) Delegation of authority. The Com- and MVPDs that received an initial al- mission delegates authority to the location from the TV Broadcaster Re- Chief, Media Bureau, to adopt the nec- location Fund must provide the Com- essary policies and procedures relating mission with information and docu- to allocations, draw downs, payments, mentation, including invoices and re- obligations, and expenditures of money ceipts, regarding their actual expenses from the TV Broadcaster Relocation incurred as of a date to be determined Fund in order to protect against waste, by the Media Bureau (the ‘‘Final Allo- fraud, and abuse and in the event of cation Deadline’’). bankruptcy, to establish a catalog of (ii) If a broadcast television station expenses eligible for reimbursement licensee or MVPD has not yet com- and predetermined cost estimates, re- pleted construction or other reimburs- view the estimated cost forms, issue able changes by the Final Allocation initial allocations for costs reasonably Deadline, it must provide the Commis- incurred pursuant to section 6403(b)(4) sion with information and documenta- of the Spectrum Act, set filing dead- tion regarding any remaining eligible lines and review information and docu- expenses that it expects to reasonably mentation regarding progress reports, incur. final allocations, and final account- (4) Final accounting. After completing ings, and issue final allocations to re- all construction or reimbursable imburse for costs reasonably incurred changes, broadcast television station pursuant to section 6403(b)(4) of the licensees and MVPDs that have re- Spectrum Act. ceived money from the TV Broadcaster (f) Service rule waiver—(1) Waiver re- Relocation Fund will be required to quests. (i) A broadcast television sta- submit final expense documentation tion licensee described in paragraph

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(e)(1)(i) of this section may file a re- not cause interference to the predicted quest with the Chief, Media Bureau for service of broadcast television stations a waiver of the Commission’s service on: rules pursuant to section 6403(b)(4)(B) (i) Pre-auction channels; of the Spectrum Act during a 30-day win- (ii) Channels assigned in the Channel dow commencing upon the date that Reassignment Public Notice; or the Channel Reassignment Public No- (iii) Alternative channels or ex- tice is released. panded facilities broadcast television (ii) A broadcast television station li- station licensees have applied for pur- censee may request that a waiver be suant to paragraph (b)(2) of this sec- granted on a temporary or permanent basis. tion. (2) A licensee will have 10 days fol- (3) Mutually exclusive displacement ap- lowing a grant of the waiver to notify plications. Licensees of low power TV the Commission whether it accepts the and TV translator stations that file terms of the waiver. mutually exclusive displacement appli- (3) A licensee is required to meet all cations will be permitted to resolve the requirements for receiving payment of mutual exclusivity through an engi- relocation costs under section 6403(b)(4) neering solution or settlement agree- of the Spectrum Act established by the ment. If no resolution of mutually ex- Commission, including the require- clusive displacement applications oc- ments of paragraph (e) of this section, curs, a selection priority will be grant- until its waiver request is granted and ed to the licensee of a displaced digital the licensee accepts the terms of the replacement translator. waiver. (4) Notification and termination provi- (4) A licensee that is granted and ac- sions for displaced low power TV and TV cepts the terms of the waiver or a li- translator stations. (i) A wireless licensee with a pending waiver applica- censee assigned to frequencies in the tion must comply with all filing and 600 MHz band under part 27 of this notification requirements, construc- chapter must notify low power TV and tion schedules, and other post-auction TV translator stations of its intent to transition deadlines set forth in para- commence operations, as defined in graphs (b), (c), and (d) of this section. (g) Low Power TV and TV translator § 27.4 of this chapter, and the likelihood stations. (1) Licensees of operating low of receiving harmful interference from power TV and TV translator stations the low power TV or TV translator sta- that are displaced by a broadcast tele- tion to such operations within the vision station or a wireless service pro- wireless licensee’s licensed geographic vider or whose channel is reserved as a service area. guard band as a result of the broadcast (ii) The new wireless licensees must: television spectrum incentive auction (A) Notify the low power TV or TV conducted under section 6403 of the translator station in the form of a let- Spectrum Act shall be permitted to sub- ter, via certified mail, return receipt mit an application for displacement re- requested; lief in a restricted filing window to be (B) Indicate the date the new wireless announced by the Media Bureau by licensee intends to commence oper- public notice. Except as otherwise indi- ations, as defined in § 27.4 of this chap- cated in this section, such applications ter, in areas where there is a likelihood will be subject to the rules governing of receiving harmful interference from displacement applications set forth in the low power TV or TV translator sta- §§ 73.3572(a)(4) and 74.787(a)(4) of this tion; and chapter. (2) In addition to other interference (C) Send such notification not less protection requirements set forth in than 120 days in advance of the com- the rules, when requesting a new chan- mencement date. nel in a displacement application, li- (iii) Low power TV and TV translator censees of operating low power TV and stations may continue operating on TV translator stations will be required frequencies in the 600 MHz band as- to demonstrate that the station would signed to wireless licensees under part

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27 of this chapter until the wireless licensees of full power television sta- censee commences operations, as de- tions, between licensees of Class A tel- fined in § 27.4 of this chapter, as indi- evision stations, and between licensees cated in the notification sent pursuant of full power and Class A television sta- to this paragraph. tions. (iv) After receiving notification, the (ii) A Class A channel sharee station low power TV or TV translator licensee licensee that is a party to a CSA with must cease operating or reduce power a full power channel sharer station li- in order to eliminate the potential for censee must comply with the rules of harmful interference before the com- part 73 governing power levels and in- mencement date set forth in the notifi- terference, and must comply in all cation. other respects with the rules and poli- (v) Low power TV and TV translator cies applicable to Class A television stations that are operating on the UHF stations, as set forth in §§ 73.6000 et seq. spectrum that is reserved for guard (iii) A full power channel sharee sta- band channels as a result of the broad- tion licensee that is a party to a CSA cast television incentive auction con- with a Class A channel sharer station ducted under section 6403 of the Spec- licensee must comply with the rules of trum Act may continue operating on part 74 of this chapter governing power such channels until the end of the post- levels and interference. auction transition period as defined in (iv) A Class A channel sharee station § 27.4 of this chapter, unless they re- may qualify only for the cable carriage ceive notification from a new wireless rights afforded to ‘‘qualified low power licensee pursuant to the requirements television stations’’ in § 76.56(b)(3) of of paragraph (g)(4) of this section that this chapter. they are likely to cause harmful inter- (4) Channel sharing between commercial ference in areas where the wireless li- and noncommercial educational television censee intends to commence oper- stations. (i) A CSA may be executed be- ations, as defined in § 27.4 of this chap- tween commercial and NCE broadcast ter, in which case the requirements of television station licensees. paragraph (g)(4) of this section will (ii) The licensee of an NCE station apply. operating on a reserved channel under (h) Channel sharing operating rules. (1) § 73.621 that becomes a party to a CSA, Each broadcast television station li- either as a channel sharee station or as censee that is a party to a CSA shall a channel sharer station, will retain its continue to be licensed and operated NCE status and must continue to com- separately, have its own call sign, and ply with § 73.621. be separately subject to all of the Com- (iii) If the licensee of an NCE station mission’s obligations, rules, and poli- operating on a reserved channel under cies applicable to the television serv- § 73.621 becomes a party to a CSA, ei- ice. ther as a channel sharee station or as a (2) Upon termination of the license of channel sharer station, the portion of a party to a CSA, the spectrum usage the shared television channel on which rights covered by that license may re- the NCE station operates shall be revert to the remaining parties to the served for NCE-only use. CSA. Such reversion shall be governed (iv) The licensee of an NCE station by the terms of the CSA in accordance operating on a reserved channel under with paragraph (h)(5)(i)(E) of this sec- § 73.621 that becomes a party to a CSA tion. If upon termination of the license may assign or transfer its shared li- of a party to a CSA only one party to cense only to an entity qualified under the CSA remains, the remaining li- § 73.621 as an NCE television licensee. censee may file an application to (5) Required CSA provisions. (i) CSAs change its license to non-shared status must contain provisions outlining each using FCC Form 2100, Schedule B (for a licensee’s rights and responsibilities full power licensee) or F (for a Class A regarding: licensee). (A) Access to facilities, including (3) Channel sharing between full power whether each licensee will have unre- television and Class A television stations. strained access to the shared trans- (i) A CSA may be executed between li- mission facilities;

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(B) Allocation of bandwidth within (i) Increase the potential of harmful the shared channel; interference to a wireless licensee (C) Operation, maintenance, repair, which is co-channel or adjacent chan- and modification of facilities, includ- nel to the broadcast television station; ing a list of all relevant equipment, a or description of each party’s financial (ii) Require such a wireless licensee obligations, and any relevant notice to restrict its operations in order to provisions; avoid causing harmful interference to (D) Transfer/assignment of a shared the broadcast television station’s ex- license, including the ability of a new panded noise limited service or pro- licensee to assume the existing CSA; tected contour; and (2) Shall be permitted to modify its (E) Termination of the license of a facilities, even when prohibited by party to the CSA, including reversion paragraph (i)(1) of this section, if all of spectrum usage rights to the re- the wireless licensees in paragraph maining parties to the CSA. (i)(1) who either will experience an in- (ii) CSAs must include provisions: crease in the potential for harmful in- (A) Affirming compliance with the terference or must restrict their oper- requirements in paragraph (h)(5) of this ations in order to avoid causing intersection and all relevant Commission ference agree to permit the modifica- rules and policies; and tion and the modification otherwise (B) Requiring that each channel shar- meets all the requirements in this part; ing licensee shall retain spectrum (3) For purposes of this section, the usage rights adequate to ensure a suffi- following definitions apply: cient amount of the shared channel ca- (i) Co-channel operations in the 600 pacity to allow it to provide at least MHz band are defined as operations of one Standard Definition (SD) program broadcast television stations and wire- stream at all times. less services where their assigned chan- (6) If the rights under a CSA are nels or frequencies spectrally overlap. transferred or assigned, the assignee or (ii) Adjacent channel operations are the transferee must comply with the defined as operations of broadcast tele- terms of the CSA. If the transferee or vision stations and wireless services assignee and the licensees of the re- where their assigned channels or fre- maining channel sharing station or quencies spectrally abut each other or stations agree to amend the terms of are separated by up to 5 MHz. the existing CSA, the agreement may [79 FR 48539, Aug. 15, 2014, as amended at 79 be amended, subject to Commission ap- FR 76914, Dec. 23, 2014; 80 FR 46846, Aug. 6, proval. 2015; 80 FR 67342, 67346, Nov. 2, 2015; 80 FR (7) Preservation of carriage rights. A 71743, Nov. 17, 2015; 81 FR 4975, Jan. 29, 2016] channel sharee station that possessed carriage rights under section 338, 614, § 73.3701 Reimbursement under the or 615 of the Communications Act of Reimbursement Expansion Act. 1934 (47 U.S.C. 338; 534; 535) on Novem- (a) Definitions—(1) Eligibility Certifi- ber 30, 2010, shall have, at its shared location/Reimbursement Form. For pur- cation, the carriage rights under such poses of this section, the term Eligi- section that would apply to such stability Certification/Reimbursement Form tion at the shared location if it were means the form(s) developed by the not sharing a channel. Media Bureau for processing reim- (i) A broadcast television station li- bursement requests under the Reim- censed in the 600 MHz band, as that bursement Expansion Act. band is defined in section 27.5(l)— (2) FM station. For purposes of this (1) Shall not be permitted to modify section, the term FM station means an its facilities, except as provided in ‘‘FM broadcast station’’ as defined in paragraph (b)(1)(ii) of this section, if § 73.310. such modification will expand its noise (3) Incentive Auction. For purposes of limited service contour (in the case of this section, the term Incentive Auction a full power station) or protected con- means the broadcast television spec- tour (in the case of a Class A station) trum incentive auction and repacking in such a way as to: process conducted under section 6403 of

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the Spectrum Act specifying the new (12) Transmitting. For purposes of this channel assignments and technical pa- section, the term transmitting means a rameters of any broadcast television low power television station, TV trans- stations that are reassigned to new lator station, or replacement trans- channels. lator station operating not less than 2 (4) Licensed. For purposes of this sec- hours in each day of the week and not tion, the term licensed means a station less than a total of 28 hours per cal- that was licensed or that had an appli- endar week for 9 of the 12 months prior cation for a license to cover on file to April 13, 2017. with the Commission on April 13, 2017. (13) Reimbursement Fund. For pur- (5) Low power television station. For poses of this section, the Reimbursement purposes of this section, the term low Fund means the additional funding es- power television station means a low tablished by the REA. power television station as defined in (14) TV translator station. For pur- 47 CFR 74.701. poses of this section, the term TV (6) Predetermined cost estimate. For translator station means a ‘‘television purposes of this section, predetermined broadcast translator station’’ as de- cost estimate means the estimated cost fined in 47 CFR 74.701. of an eligible expense as generally de- (b) Eligibility for reimbursement. Only termined by the Media Bureau in a the following entities are eligible for reimbursement of relocation costs rea- catalog of expenses eligible for reim- sonably incurred: bursement. (1) Low power television stations. Low (7) Reimbursement Expansion Act or power television stations that filed an REA. For purposes of this section, the application for construction permit term Reimbursement Expansion Act or during the Special Displacement Win- REA means Division E, Financial Serv- dow and such application was subse- ices & General Appropriation Act, 2018, quently granted. Station must have Title V Independent Agencies, Public been licensed and transmitting for not Law 115–141, Section 511 (codified at 47 less than 2 hours in each day of the U.S.C. 1452(j)–(n)) adopted as part of week and not less than a total of 28 the Consolidated Appropriations Act, hours per calendar week for 9 of the 12 2018, Public Law 115–141 (2018). months prior to April 13, 2017. (8) Reimbursement period. For purposes (2) TV translator stations. TV trans- of this section, reimbursement period lator stations that filed an application means the period ending July 3, 2023, for construction permit during the Spe- pursuant to section 511(j)(3)(B) of the cial Displacement Window and such ap- REA. plication was subsequently granted. (9) Replacement translator station. For Station must have been licensed and purposes of this section, the term re- transmitting for not less than 2 hours placement translator station means ana- in each day of the week and not less log to digital replacement translator than a total of 28 hours per calendar stations authorized pursuant to 47 CFR week for 9 of the 12 months prior to 74.787(a)(5). April 13, 2017. (10) Spectrum Act. For purposes of this (3) Replacement translator stations. Re- section, the term Spectrum Act means placement translator stations that Title VI of the Middle Class Tax Relief filed an application for construction and Job Creation Act of 2012 (Pub. L. permit during the Special Displace- 112–96). ment Window and such application was (11) Special Displacement Window. For subsequently granted. Station must purposes of this section, the term Spe- have been licensed and transmitting cial Displacement Window means the for not less than 2 hours in each day of displacement application filing window the week and not less than a total of 28 conducted April 10, 2018 to June 1, 2018 hours per calendar week for 9 of the 12 for low power television, TV trans- months prior to April 13, 2017. lator, and analog-to-digital replace- (4) FM station. FM stations licensed ment translator stations that were dis- and transmitting as of April 13, 2017, placed by the incentive auction and re- that experienced, at the site at which packing process. they were licensed and transmitting on

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that date, a disruption of service as a (iv) Eligible entities that submit result of the reorganization of broad- their own cost estimates, as opposed to cast television spectrum under 47 the predetermined cost estimates pro- U.S.C. 1452(b). vided in the estimated cost form, must (c) Reimbursement process—(1) Esti- submit supporting evidence and certify mated costs. (i) All entities that are eli- that the estimate is made in good gible to receive reimbursement will be faith. required to file an estimated cost form (2) Final Allocation Deadline. (i) Upon providing an estimate of their reason- completing construction or other reim- ably incurred costs and provide sup- bursable changes, or by a specific dead- porting documentation. line prior to the end of the Reimburse- (ii) Each eligible entity that submits ment Period to be established by the an estimated cost form will be required Media Bureau, whichever is earlier, all to certify on its Eligibility Certifi- eligible entities that received an initial cation/Reimbursement Form inter alia, allocation from the Reimbursement that: Fund must provide the Commission (A) It is eligible for reimbursement; with information and documentation, (B) It believes in good faith that it including invoices and receipts, regard- will reasonably incur all of the esti- ing their actual expenses incurred as of mated costs that it claims are eligible a date to be determined by the Media for reimbursement on the estimated Bureau (the ‘‘Final Allocation Dead- cost form; line’’). (C) It will use all money received (ii) If an eligible entity has not yet from the Reimbursement Fund only for completed construction or other reim- expenses it believes in good faith are bursable changes by the Final Alloca- eligible for reimbursement; tion Deadline, it must provide the (D) It will comply with all policies Commission with information and doc- and procedures relating to allocations, umentation regarding any remaining draw downs, payments, obligations, eligible expenses that it expects to rea- and expenditures of money from the sonably incur. Reimbursement Fund; (3) Final accounting. After completing (E) It will maintain detailed records, all construction or reimbursable including receipts, of all costs eligible changes, eligible entities that have re- for reimbursement actually incurred; ceived money from the Reimbursement (F) It will file all required docu- Fund will be required to submit final mentation of its relocation expenses as expense documentation containing a instructed by the Media Bureau; list of estimated expenses and actual (G) It has not received nor does it ex- expenses as of a date to be determined pect to receive reimbursement from by the Media Bureau. Entities that other sources for costs for which they have finished construction and have are requesting reimbursement from the submitted all actual expense docu- REA; and mentation by the Final Allocation (H) Low power television stations, Deadline will not be required to file at TV translator stations, and replace- the final accounting stage. ment translator stations must certify (4) Documentation requirements. (i) compliance with the minimum oper- Each eligible entity that receives pay- ating requirement set forth in para- ment from the Reimbursement Fund is graph (b)(1), (2), or (3) of this section. required to retain all relevant docu- (I) FM stations must certify that ments pertaining to construction or they were licensed and transmitting at other reimbursable changes for a pe- the facility implicated by the Incentive riod ending not less than 10 years after Auction on April 13, 2017. the date on which it receives final pay- (iii) If an eligible entity seeks reim- ment from the Reimbursement Fund. bursement for new equipment, it must (ii) Each eligible entity that receives provide a justification as to why it is payment from the Reimbursement reasonable under the circumstances to Fund must make available all relevant purchase new equipment rather than documentation upon request from the modify its corresponding current Commission or its contractor. equipment. [84 FR 11252, Mar. 26, 2019]

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§ 73.3800 Full power television channel erning power levels and interference sharing outside the incentive auc- applicable to low power television or tion. TV translator stations, and must com- (a) Eligibility. Subject to the provi- ply in all other respects with the rules sions of this section, a full power tele- and policies applicable to full power vision station with an auction-related television stations set forth in this Channel Sharing Agreement (CSA) may part. voluntarily seek Commission approval (d) Channel sharing between commer- to relinquish its channel to share a sin- cial and noncommercial educational tele- gle six megahertz channel with a full vision stations. (1) A CSA may be exe- power, Class A, low power, or TV trans- cuted between commercial and NCE lator television station. An auction-rebroadcast television station licensees. lated CSA is a CSA filed with and ap- (2) The licensee of an NCE station op- proved by the Commission pursuant to erating on a reserved channel under § 73.3700(b)(1)(vii). § 73.621 that becomes a party to a CSA, (b) Licensing of channel sharing sta- either as a channel sharee station or as tions. (1) Each station sharing a single a channel sharer station, will retain its channel pursuant to this section shall NCE status and must continue to com- continue to be licensed and operated ply with § 73.621. separately, have its own call sign, and (3) If the licensee of an NCE station be separately subject to all applicable operating on a reserved channel under Commission obligations, rules, and § 73.621 becomes a party to a CSA, ei- policies. ther as a channel sharee station or as a (2) A full power television channel channel sharer station, the portion of sharing station relinquishing its chan- the shared television channel on which nel must file an application for a con- the NCE station operates shall be re- struction permit (FCC Form 2100), in- served for NCE–only use. clude a copy of the CSA as an exhibit, (4) The licensee of an NCE station op- and cross reference the other sharing erating on a reserved channel under station(s). Any engineering changes ne- § 73.621 that becomes a party to a CSA cessitated by the CSA may be included may assign or transfer its shared li- in the station’s application. Upon initi- cense only to an entity qualified under ation of shared operations, the station § 73.621 as an NCE television licensee. relinquishing its channel must notify (e) Deadline for implementing CSAs. the Commission that it has terminated CSAs submitted pursuant to this sec- operation pursuant to § 73.1750 and each tion must be implemented within three sharing station must file an applica- years of the grant of the channel shar- tion for license (FCC Form 2100). ing construction permit. (c) Channel sharing between full power (f) Channel sharing agreements (CSAs). television stations and Class A, Low (1) CSAs submitted under this section power television, or TV translator sta- must contain provisions outlining each tions. (1) A full power television sharee licensee’s rights and responsibilities station (defined as a station relin- regarding: quishing a channel in order to share) (i) Access to facilities, including that is a party to a CSA with a Class A whether each licensee will have unre- sharer station (defined as the station strained access to the shared trans- hosting a sharee pursuant to a CSA) mission facilities; must comply with the rules governing (ii) Allocation of bandwidth within power levels and interference applica- the shared channel; ble to Class A stations, and must com- (iii) Operation, maintenance, repair, ply in all other respects with the rules and modification of facilities, includ- and policies applicable to full power ing a list of all relevant equipment, a television stations set forth in this description of each party’s financial part. obligations, and any relevant notice (2) A full power television sharee sta- provisions; and tion that is a party to a CSA with a (iv) Transfer/assignment of a shared low power television or TV translator license, including the ability of a new sharer station must comply with the licensee to assume the existing CSA; rules of part 74 of this chapter gov- and

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(v) Termination of the license of a (ii) The channel occupied by the sta- party to the CSA, including reversion tion before and after implementation of spectrum usage rights to the re- of the CSA; maining parties to the CSA. (iii) Modification, if any, to antenna (2) CSAs must include provisions: position, location, or power levels; (i) Affirming compliance with the (iv) Stream identification informa- channel sharing requirements in this tion; and section and all relevant Commission (v) Engineering staff contact infor- rules and policies; and mation. (ii) Requiring that each channel shar- (3) Should any of the information in ing licensee shall retain spectrum paragraph (h)(2) of this section change, usage rights adequate to ensure a suffi- an amended notification must be sent. cient amount of the shared channel capacity to allow it to provide at least (4) Sharee stations must provide no- one Standard Definition program tice as required by this section at least stream at all times. 90 days prior to terminating operations (g) Termination and assignment/trans- on the sharee’s channel. Sharer sta- fer of shared channel. (1) Upon termi- tions and sharee stations must provide nation of the license of a party to a notice as required by this section at CSA, the spectrum usage rights cov- least 90 days prior to initiation of oper- ered by that license may revert to the ations on the sharer channel. Should remaining parties to the CSA. Such re- the anticipated date to either cease op- version shall be governed by the terms erations or commence channel sharing of the CSA in accordance with para- operations change, the stations must graph (f)(1)(v) of this section. If upon send a further notice to affected termination of the license of a party to MVPDs informing them of the new an- a CSA only one party to the CSA re- ticipated date(s). mains, the remaining licensee may file (5) Notifications provided to cable an application for license to change its systems pursuant to this section must status to non-shared. be either mailed to the system’s offi- (2) If the rights under a CSA are cial address of record provided in the transferred or assigned, the assignee or cable system’s most recent filing in the the transferee must comply with the FCC’s Cable Operations and Licensing terms of the CSA in accordance with System (COALS) Form 322, or emailed paragraph (f)(1)(iv) of this section. If to the system if the system has pro- the transferee or assignee and the li- vided an email address. For all other censees of the remaining channel shar- MVPDs, the letter must be addressed ing station or stations agree to amend to the official corporate address reg- the terms of the existing CSA, the istered with their State of incorpora- agreement may be amended, subject to tion. Commission approval. (h) Notice to MVPDs. (1) Stations par- [82 FR 18249, Apr. 18, 2017] ticipating in channel sharing agreements must provide notice to MVPDs § 73.3801 Full power television that: simulcasting during the ATSC 3.0 (Next Gen TV) transition. (i) No longer will be required to carry the station because of the relocation of (a) Simulcasting arrangements. For the station; purposes of compliance with the (ii) Currently carry and will continue simulcasting requirement in paragraph to be obligated to carry a station that (b) of this section, a full power tele- will change channels; or vision station may partner with one or (iii) Will become obligated to carry more other full power stations or with the station due to a channel sharing re- one or more Class A, LPTV, or TV location. translator stations in a simulcasting (2) The notice required by this sec- arrangement for purposes of airing ei- tion must contain the following infor- ther an ATSC 1.0 or ATSC 3.0 signal on mation: a host station’s (i.e., a station whose (i) Date and time of any channel facilities are being used to transmit changes; programming originated by another

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station) facilities. Noncommercial edu- up’’ ability and interactive program cational television stations may par- features); ticipate in simulcasting arrangements (iii) Enhanced formats made possible with commercial stations. by ATSC 3.0 technology (e.g., 4K or (1) A full power television station air- HDR); and ing an ATSC 1.0 or ATSC 3.0 signal on (iv) Personalization of programming the facilities of a Class A host station performed by the viewer and at the must comply with the rules governing viewer’s discretion. (2) For purposes of power levels and interference applica- paragraph (b)(1) of this section, pro- ble to Class A stations, and must com- gramming that airs at a different time ply in all other respects with the rules on the ATSC 1.0 simulcast signal than and policies applicable to full power on the primary video programming television stations set forth in this stream of the ATSC 3.0 signal is not part. considered ‘‘substantially similar.’’ (2) A full power television station air- (c) Coverage requirements for the ATSC ing an ATSC 1.0 or ATSC 3.0 signal on 1.0 simulcast signal. For full power the facilities of a low power television broadcasters that elect temporarily to or TV translator host station must relocate their ATSC 1.0 signal to the comply with the rules of part 74 of this facilities of a host station for purposes chapter governing power levels and in- of deploying ATSC 3.0 service (and that terference applicable to low power tele- convert their existing facilities to vision or TV translator stations, and ATSC 3.0), the ATSC 1.0 simulcast sig- must comply in all other respects with nal must continue to cover the sta- the rules and policies applicable to full tion’s entire community of license (i.e., power television stations set forth in the station must choose a host from this part. whose transmitter site the Next Gen (3) A full power noncommercial edu- TV station will continue to meet the cational television (NCE) station air- community of license signal require- ing an ATSC 1.0 or ATSC 3.0 signal on ment over its current community of li- the facilities of a commercial television host station must comply with cense, as required by § 73.625) and the the rules applicable to NCE licensees. host station must be assigned to the same Designated Market Area (DMA) (b) Simulcasting requirement. A full power television station that chooses as the originating station (i.e., the sta- to air an ATSC 3.0 signal must simul- tion whose programming is being cast the primary video programming transmitted on the host station). stream of that signal in an ATSC 1.0 (d) Coverage requirements for ATSC 3.0 format. This requirement does not signals. For full power broadcasters apply to any multicast streams aired that elect to continue broadcasting in on the ATSC 3.0 channel. ATSC 1.0 on the station’s existing fa- (1) The programming aired on the cilities and transmit an ATSC 3.0 sig- ATSC 1.0 simulcast signal must be nal on the facilities of a host station, ‘‘substantially similar’’ to that aired the ATSC 3.0 signal must be estab- on the ATSC 3.0 primary video pro- lished on a host station assigned to the gramming stream. For purposes of this same DMA as the originating station. section, ‘‘substantially similar’’ means (e) Simulcasting agreements. (1) that the programming must be the Simulcasting agreements must contain same except for advertisements, pro- provisions outlining each licensee’s motions for upcoming programs, and rights and responsibilities regarding: programming features that are based (i) Access to facilities, including on the enhanced capabilities of ATSC whether each licensee will have unre- 3.0. These enhanced capabilities in- strained access to the host station’s clude: transmission facilities; (i) Hyper-localized content (e.g., geo- (ii) Allocation of bandwidth within targeted weather, targeted emergency the host station’s channel; alerts, and hyper-local news): (iii) Operation, maintenance, repair, (ii) Programming features or im- and modification of facilities, includ- provements created for the ATSC 3.0 ing a list of all relevant equipment, a service (e.g., emergency alert ‘‘wake description of each party’s financial

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obligations, and any relevant notice (3) Streamlined process. With respect provisions; to any application in paragraph (f)(2) of (iv) Conditions under which the si- this section, a full power broadcaster mulcast agreement may be terminated, may file only an application for modi- assigned or transferred; and fication of license, provided no other (v) How a guest station’s (i.e., a sta- changes are being requested in such ap- tion originating programming that is plication that would require the filing being transmitted using the facilities of an application for a construction of another station) signal may be permit as otherwise required by the transitioned off the host station. rules (see, e.g., § 73.1690). (2) Broadcasters must maintain a (4) Host station. A host station must written copy of any simulcasting first make any necessary changes to its agreement and provide it to the Com- facilities before a guest station may mission upon request. file an application to air a 1.0 or 3.0 sig- (f) Licensing of simulcasting stations nal on such host. and stations converting to ATSC 3.0 oper- (5) Expedited processing. An applica- ation. (1) Each station participating in tion filed in accordance with the a simulcasting arrangement pursuant streamlined process in paragraph (f)(3) to this section shall continue to be li- of this section will receive expedited censed and operated separately, have processing provided, for stations re- its own call sign, and be separately questing to air an ATSC 1.0 signal on subject to all applicable Commission the facilities of a host station, the sta- obligations, rules, and policies. ATSC tion will provide ATSC 1.0 service to at 1.0 and ATSC 3.0 signals aired on the least 95 percent of the predicted popu- facilities of a host station will be li- lation within the noise limited service censed as temporary second channels of contour of its original ATSC 1.0 facil- the originating station. The Commis- ity. sion will include a note on the origi- (6) Required information. (i) An appli- nating station’s license identifying any cation in paragraph (f)(2) of this sec- ATSC 1.0 or ATSC 3.0 signal being aired tion must include the following infor- on the facilities of a host station. The mation: Commission will also include a note on (A) The station serving as the host, if a host station’s license identifying any applicable; ATSC 1.0 or ATSC 3.0 guest signal(s) (B) The technical facilities of the being aired on the facilities of the host host station, if applicable; station. (C) The DMA of the originating (2) Application required. A full power broadcaster’s facility and the DMA of broadcaster must file an application the host station, if applicable; and (FCC Form 2100) with the Commission, (D) Any other information deemed and receive Commission approval, be- necessary by the Commission to proc- fore: ess the application. (i) Moving its ATSC 1.0 signal to the (ii) If an application in paragraph facilities of a host station, moving that (f)(2) of this section includes a request signal from the facilities of an existing to air an ATSC 1.0 signal on the facili- host station to the facilities of a dif- ties of a host station, the broadcaster ferent host station, or discontinuing an must, in addition to the information in ATSC 1.0 guest signal; paragraph (f)(6)(i), also indicate on the (ii) Commencing the airing of an application: ATSC 3.0 signal on the facilities of a (A) The predicted population within host station (that has already con- the noise limited service contour verted to ATSC 3.0 operation), moving served by the station’s original ATSC its ATSC 3.0 signal to the facilities of 1.0 signal; a different host station, or dis- (B) The predicted population within continuing an ATSC 3.0 guest signal; or the noise limited service contour (iii) Converting its existing station served by the station’s original ATSC to transmit an ATSC 3.0 signal or con- 1.0 signal that will lose the station’s verting the station from ATSC 3.0 back ATSC 1.0 service as a result of the to ATSC 1.0 transmissions. simulcasting arrangement, including

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identifying areas of service loss by pro- (3) Crawls. Each crawl must be providing a contour overlap map; and vided in the same language as a major- (C) Whether the ATSC 1.0 simulcast ity of the programming carried by the signal aired on the host station will transitioning station. serve at least 95 percent of the popu- (4) Content of PSAs or crawls. For sta- lation in paragraph (f)(6)(ii)(A) of this tions relocating their ATSC 1.0 signals section. or transitioning directly to ATSC 3.0, (iii)(A) If an application in paragraph each PSA or crawl must provide all (f)(2) of this section includes a request pertinent information to consumers. to air an ATSC 1.0 signal on the facili- (h) Notice to MVPDs. (1) Next Gen TV ties of a host station and does not meet stations relocating their ATSC 1.0 sig- the 95 percent standard in paragraph nals (e.g., moving to a temporary host (f)(6)(ii) of this section, the application station’s facilities, subsequently mov- must contain, in addition to the infor- ing to a different host, or returning to mation in paragraphs (f)(6)(i) and (ii) of its original facility) must provide no- this section, the following information: tice to MVPDs that: (1) Whether there is another possible (i) No longer will be required to carry host station(s) in the market that the station’s ATSC 1.0 signal due to the would result in less service loss to ex- relocation; or isting viewers and, if so, why the Next (ii) Carry and will continue to be obligated to carry the station’s ATSC 1.0 Gen TV broadcaster chose to partner signal from the new location. with a host station creating a larger (2) The notice required by this sec- service loss; tion must contain the following infor- (2) What steps, if any, the station mation: plans to take to minimize the impact (i) Date and time of any ATSC 1.0 of the service loss (e.g., providing channel changes; ATSC 3.0 dongles, set-top boxes, or (ii) The ATSC 1.0 channel occupied by gateway devices to viewers in the loss the station before and after commence- area); and ment of local simulcasting; (3) The public interest benefits of the (iii) Modification, if any, to antenna simulcasting arrangement and a show- position, location, or power levels; ing of why the benefit(s) of granting (iv) Stream identification informa- the application would outweigh the tion; and harm(s). (v) Engineering staff contact infor- (B) These applications will be consid- mation. ered on a case-by-case basis. (3) If any of the information in para- (g) Consumer education for Next Gen graph (h)(2) of this section changes, an TV stations. (1) Commercial and non- amended notification must be sent. commercial educational stations that (4)(i) Next Gen TV stations must pro- relocate their ATSC 1.0 signals (e.g., vide notice as required by this section: moving to a host station’s facility, sub- (A) At least 120 days in advance of re- sequently moving to a different host, locating their ATSC 1.0 signals if the or returning to its original facility) are relocation occurs during the post-in- required to air daily Public Service An- centive auction transition period; or nouncements (PSAs) or crawls every (B) At least 90 days in advance of re- day for 30 days prior to the date that locating their ATSC 1.0 signals if the the stations will terminate ATSC 1.0 relocation occurs after the post-incen- operations on their existing facilities. tive auction transition period (see 47 Stations that transition directly to CFR 27.4). ATSC 3.0 will be required to air daily (ii) If the anticipated date of the PSAs or crawls every day for 30 days ATSC 1.0 signal relocation changes, the prior to the date that the stations will station must send a further notice to terminate ATSC 1.0 operations. affected MVPDs informing them of the (2) PSAs. Each PSA must be provided new anticipated date. in the same language as a majority of (5) Next Gen TV stations may choose the programming carried by the whether to provide notice as required transitioning station and be closed- by this section either by a letter notifi- captioned. cation or electronically via email if the

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relevant MVPD agrees to receive such § 73.4015 Applications for AM and FM notices by email. Letter notifications construction permits, incomplete or to MVPDs must be sent by certified defective. mail, return receipt requested to the See Public Notice, FCC 84–366, dated MVPD’s address in the FCC’s Online August 2, 1984, 49 FR 47331, December 3, Public Inspection File (OPIF), if the 1984. MVPD has an online file. For cable systems that do not have an online file, [49 FR 50048, Dec. 26, 1984] notices must be sent to the cable sys- § 73.4017 Application processing: Com- tem’s official address of record pro- mercial FM stations. vided in the system’s most recent filing See Report and Order, MM Docket 84– in the FCC’s Cable Operations and Li- 750, FCC 85–125, adopted March 4, 1985. censing System (COALS). For MVPDs 50 FR 19936, May 13, 1985. with no official address in OPIF or COALS, the letter must be sent to the [59 FR 52086, Oct. 14, 1994] MVPD’s official corporate address registered with their State of incorpora- § 73.4045 Barter agreements. tion. See Order, FCC 72–167, adopted Feb- ruary 16, 1972. 33 FCC 2d 653; 37 FR 4009, [83 FR 3801, Feb. 2, 2018] February 25, 1972. § 73.3999 Enforcement of 18 U.S.C. [44 FR 36388, June 22, 1979] 1464 (restrictions on the transmission of obscene and indecent § 73.4050 Children’s TV programs. material). (a) See Report and Policy Statement, (a) No licensee of a radio or tele- Docket 19142, FCC 74–1174, adopted Oc- vision broadcast station shall broad- tober 24, 1974. 50 FCC 2d 1; 39 FR 39396, cast any material which is obscene. November 6, 1974. (b) No licensee of a radio or tele- (b) See Report and Order; Policy vision broadcast station shall broad- Statement, Docket 19142, FCC 83–609, cast on any day between 6 a.m. and 10 adopted December 22, 1983. 96 FCC 2d p.m. any material which is indecent. 634; 49 FR 1704, January 13, 1984. [60 FR 44439, Aug. 28, 1995] (c) See Report and Order, MM Dock- ets 90–570 and 83–670, FCC 91–113, adopt- § 73.4000 Listing of FCC policies. ed April 9, 1991. 6 FCC Rcd 2111; 56 FR 19611, April 19, 1991; Memorandum The following sections list, solely for Opinion and Order, MM Dockets 90–570 the purpose of reference and conven- and 83–670, FCC 91–248, adopted August ience, certain Policies of the FCC. The 1, 1991. 6 FCC Rcd 5093; 56 FR 42707, Au- present listing of FCC policies and ci- gust 29, 1991. tations thereto should not be relied upon as an all-inclusive list, and the [49 FR 14509, Apr. 12, 1984, as amended at 59 FR 52086, Oct. 14, 1994] failure to include a policy in this list does not affect its validity. Each sec- § 73.4055 Cigarette advertising. tion bears the title of one Policy and the citations which will direct the user See 15 U.S.C. 1335. to the specific document(s) pertaining [44 FR 36388, June 22, 1979] to that Policy. § 73.4060 Citizens agreements. [44 FR 36387, June 22, 1979] (a) See Report and Order, Docket § 73.4005 Advertising—refusal to sell. 20495, FCC 75–1359, adopted December 10, 1975. 57 F.C.C. 2d 42; 40 F.R. 49730, See 412 U.S. 94 (Supreme Court, 1973). December 30, 1975. [44 FR 36388, June 22, 1979] (b) See Memorandum Opinion and Order, FCC 78–875, adopted December 21, 1978. 70 F.C.C. 2d 1672. [44 FR 58720, Oct. 11, 1979]

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§ 73.4075 Commercials, loud. § 73.4099 Financial qualifications, cer- See Memorandum Opinion and Order, tification of. BC Docket 79–168, FCC 84–300, adopted See Public Notice, FCC 87–97, adopted June 27, 1984. 49 FR 28077, July 10, 1984. March 19, 1987. 52 FR 17333, May 7, 1987. [49 FR 38132, Sept. 27, 1984] [53 FR 2499, Jan. 28, 1988]

§ 73.4082 Comparative broadcast hear- § 73.4100 Financial qualifications; new ings—specialized programming for- AM and FM stations. mats. See Public Notice, FCC 78–556, dated (a) See Memorandum Opinion and Order, FCC 80–33, adopted January 30, August 2, 1978. 69 FCC 2d 407; 43 FR 1980. 75 FCC 2d 721. 34841, August 7, 1978. (b) See Report and Order, Docket 79– [44 FR 36388, June 22, 1979] 137, FCC 79–331, adopted June 1, 1979. 72 FCC 2d 202. § 73.4101 Financial qualifications, TV (c) See Memorandum Opinion and stations. Order, FCC 79–206, adopted March 30, See Public Notice, FCC 79–299, dated 1979. 71 FCC 2d 460. May 11, 1979. 72 F.C.C. 2d 784; 44 FR [47 FR 3792, Jan. 27, 1982] 29160, May 18, 1979. § 73.4091 Direct broadcast satellites. [45 FR 6403, Jan. 28, 1980] (a) See Report and Order, General § 73.4102 FAA communications, broad- Docket 80–603, FCC 82–285, adopted cast of. June 23, 1982. 90 FCC 2d 676; 47 FR 31555, July 21, 1982. See Public Notice, FCC 72–105, dated (b) See Memorandum Opinion and February 2, 1972. 37 FR 3567, February Order, FCC 82–427, adopted September 17, 1972. 23, 1982. 91 FCC 2d. [45 FR 6403, Jan. 28, 1980] (c) See Memorandum Opinion and Order, FCC 82–498, adopted November 4, § 73.4104 FM assignment policies and 1982. 91 FCC 2d. procedures. [48 FR 9012, Mar. 3, 1983] See Report and Order, BC Docket 80– 130, FCC 82–240, adopted May 20, 1982. 90 § 73.4094 Dolby encoder. FCC 2d, 88; 47 FR 26625, June 21, 1982. See Public Notice dated July 10, 1974, 72 FCC 2d 790. [47 FR 54448, Dec. 3, 1982] [45 FR 6403, Jan. 28, 1980] § 73.4107 FM broadcast assignments, increasing availability of. § 73.4095 Drug lyrics. (a) See, First Report and Order MM (a) See Public Notice, FCC 71–205, Docket 84–231, FCC 84–640, adopted De- dated March 5, 1971. 28 FCC 2d 409; 36 cember 19, 1984. 100 FCC 2d 1332; 50 FR FR 4901, March 13, 1971. 3514, January 25, 1994. (b) See Memorandum Opinion and (b) See, Second Report and Order, Order, FCC 71–428, adopted April 16, 1971. 31 FCC 2d 377; 36 FR 8090, April 29, MM Docket 84–231, FCC 85–124, adopted 1971. March 14, 1985. 101 FCC 2d 630; 50 FR 15558, April 19, 1985. [44 FR 36388, June 22, 1979] (c) See, Memorandum Opinion and Order, MM Docket 84–231, FCC 86–76, § 73.4097 EBS (now EAS) attention signals on automated programing sys- adopted February 10, 1986. 51 FR 9210, tems. March 18, 1986. See Public Notice dated March 1, (d) See Public Notice, 51 FR 26009, 1979. 72 FCC 2d 788; 44 FR 17792, March July 18, 1986. 23, 1979. [51 FR 26251, July 22, 1986, as amended at 52 [49 FR 50049, Dec. 26, 1984, as amended at 59 FR 11656, Apr. 10, 1987; 59 FR 52086, Oct. 14, FR 67103, Dec. 28, 1994] 1994]

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§ 73.4108 FM transmitter site map sub- § 73.4157 Network signals which ad- missions. versely affect affiliate broadcast service. See Memorandum Opinion and Order and Public Notice, adopted October 24, See Public Notice, FCC 79–387, dated 1986. 1 FCC Rcd 381 (1986); 51 FR 45945, April 20, 1970. 22 F.C.C. 2d 779. December 23, 1986. [45 FR 6403, Jan. 28, 1980]

[52 FR 11656, Apr. 10, 1987] § 73.4163 Noncommercial nature of educational broadcast stations. § 73.4110 Format changes of stations. (a) See Second Report and Order, BC See Memorandum Opinion and Order, Docket 21136, FCC 81–204, adopted April Docket 20682, FCC 76–744, adopted July 23, 1981. 86 FCC 2d 141; 46 FR 27944, May 28, 1976. 60 FCC 2d 858; 41 FR 37153, Sep- 22, 1981. tember 2, 1976. (b) See Order, BC Docket 21136, FCC 82–327 adopted July 15, 1982. 90 FCC 2d [44 FR 36388, June 22, 1979] 895; 47 FR 36171, August 19, 1982. § 73.4135 Interference to TV reception (c) See Memorandum Opinion and by FM stations. Order, BC Docket 21136, FCC 84–105, adopted March 28, 1984. 97 FCC 2d 255; 49 See Public Notice, FCC 67–1012, dated FR 13534, April 5, 1984. August 30, 1967, 74 FCC 2d 619. (d) See, Public Notice, FCC 86–161, (Secs. 4, 5, 303, 48 Stat., as amended, 1066, dated April 11, 1986. 51 FR 21800, June 1068, 1082 (47 U.S.C. 154, 155, 303)) 16, 1986. Excerpt reprinted at 7 FCC Rcd 827. [44 FR 36388, June 22, 1979, as amended at 45 (e) See Memorandum Opinion and FR 28142, Apr. 28, 1980; 49 FR 45154, Nov. 15, Order, FCC 90–111, adopted March 28, 1984; 50 FR 5073, Feb. 6, 1985; 51 FR 26251, July 22, 1986] 1990. 5 FCC Rcd 4920. [47 FR 54448, Dec. 3, 1982, as amended at 51 § 73.4140 Minority ownership; tax cer- FR 26251, July 22, 1986; 59 FR 52087, Oct. 14, tificates and distress sales. 1994] (a) See Public Notice, FCC 78–322, § 73.4165 Obscene language. dated May 25, 1978. 68 FCC 2d 979; 43 FR 25188, June 9, 1978. (a) See FCC v. Pacifica Foundation, (b) See Public Notice, FCC 78–725, 438 U.S. 726, 57 L.Ed 2d 1073, 46 U.S.L.W. 5018 (1978). See also Action for Children’s dated October 11, 1978. 43 FR 47612, Oc- Television v. FCC, 852 F.2d 1332 (D.C. tober 16, 1978. Cir. 1988). (c) See Policy Statement, General (b) See Action for Children’s Television Docket 82–797, FCC 82–523, adopted De- v. FCC, [ACT III] 11 F.3d 170 (D.C. Cir. cember 2, 1982. 92 FCC 2d 849; 48 FR 1993). See also, Action for Children’s Tel- 5943, February 9, 1983. evision v. FCC, [ACT IV] 15 F.3d 186 (d) See Report and Order, General (D.C. Cir. 1994), rehearing granted, en Docket 82–797, FCC 84–647, adopted De- banc. cember 21, 1984. 99 FCC 2d 1249; 50 FR (c) See Report and Order, GC Docket 1239, January 10, 1985. 92–223, FCC 93–42, adopted January 19, 1993. 8 FCC Rcd 704; 58 FR 5937, January [44 FR 36388, June 22, 1979, as amended at 49 25, 1993. FR 38132, Sept. 27, 1984; 49 FR 50049, Dec. 26, 1984; 50 FR 47055, Nov. 14, 1985; 52 FR 11656, (d) See Memorandum Opinion and Apr. 10, 1987] Order, FCC 93–246, adopted May 11, 1993, 8 FCC Rcd 3600. § 73.4154 Network/AM, FM station af- (e) See Letter to Rusk Corporation, filiation agreements. dated May 6, 1993, FCC 93–229, 8 FCC Rcd 3228. See Report, Statement of Policy, and (f) See Memorandum Opinion and Order, Docket 20721, FCC 77–206, adopt- Order, FCC 93–4, adopted January 5, ed March 10, 1977. 63 FCC 2d 674. 1993. 8 FCC Rcd 498 [47 FR 28388, June 30, 1982] (g) See Branton v. FCC, 993 F.2d 906 (D.C. Cir. 1993).

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(h) See Memorandum Opinion and and the Federal Election Commission, Order, DA 91–557, adopted April 30, 1991. FCC 78–419, dated June 19, 1978. 69 FCC 6 FCC Rcd 2560. 2d 1129; 43 FR 30126, July 13, 1978. [59 FR 52087, Oct. 14, 1994] (b) See Memorandum Opinion and Order, FCC 92–55, adopted February 12, § 73.4170 Obscene broadcasts. 1992. 7 FCC Rcd 1616. (a) See Miller v. California, 413 U.S.C. [44 FR 36389, June 22, 1979, as amended at 59 15 (1973). See also Pope v. Illinois, 107 FR 52087, Oct. 14, 1994] S.Ct. 1918 (1987). 18 U.S.C. 1464. (b) See Memorandum Opinion and § 73.4195 Political advertising by UHF Order, MM Docket 83–575, FCC 88–4, translators. adopted January 12, 1988. 3 FCC Rcd See Public Notice, FCC 76936, dated 757. See also Memorandum Opinion and October 8, 1976. 62 FCC 2d 896; 41 FR Order, MM Docket 83–575, FCC 93–180, 45043, October 14, 1976. adopted April 2, 1993. 8 FCC Rcd 2753. (c) See Memorandum Opinion and [44 FR 36389, June 22, 1979] Order, FCC 87–365, adopted November § 73.4210 Procedure Manual: ‘‘The Pub- 24, 1987. 3 FCC Rcd 930. lic and Broadcasting’’. (d) See ‘‘Memorandum of Under- standing between the Federal Commu- See FCC 74–942, dated September 5, nications Commission and the Depart- 1974. 49 FCC 2d 1; 39 FR 32288, dated ment of Justice concerning Complaints September 5, 1974. and Cases Involving Obscenity and In- [44 FR 36389, June 22, 1979] decency,’’ released April 9, 1991. See also News Release dated April 19, 1991. § 73.4215 Program matter: Supplier [59 FR 52087, Oct. 14, 1994] identification. See Public Notice, FCC 73–595, dated § 73.4180 Payment disclosure: Payola, June 1, 1973. 41 FCC 2d 333; 38 FR 14979, plugola, kickbacks. June 7, 1973. (a) See 47 U.S.C. 507. (b) See Public Notice, FCC 70–593, [44 FR 36389, June 22, 1979] dated June 4, 1970. 23 FCC 2d 588; 35 FR § 73.4242 Sponsorship identification 9045, June 11, 1970. rules, applicability of. (c) See Public Notice, FCC 88–175, dated May 18, 1988. See Public Notice dated September 3, 1975, 40 FR 41936, September 9, 1975. [44 FR 36389, June 22, 1979, as amended at 49 FR 20504, May 15, 1984; 59 FR 52087, Oct. 14, [47 FR 28388, June 30, 1982] 1994] § 73.4246 Stereophonic pilot subcarrier § 73.4185 Political broadcasting and use during monophonic program- telecasting, the law of. ming. (a) See ‘‘The Law of Political Broad- See Report and Order, Docket 19571, casting and Cablecasting: Political FCC 73–680, adopted June 21, 1973. 41 Primer 1984,’’ 100 FCC 2d 1476 (1984). FCC 2d 534; 38 FR 17021, June 28, 1973. (b) See Report and Order, MM Docket [47 FR 3792, Jan. 27, 1982] 91–168, FCC 91–403, adopted December 12, 1991. 7 FCC Rcd 678; 57 FR 189, Janu- § 73.4247 STV: Competing applications. ary 3, 1992; Memorandum Opinion and Order, MM Docket 91–168, FCC 92–210, See Second Report and Order, Docket adopted May 14, 1992. 7 FCC Rcd 4611; 57 21502, FCC 81–13, adopted January 8, FR 27705, June 22, 1992. 1981. 85 FCC 2d 631; 46 FR 19937, April 2, 1981. [59 FR 52087, Oct. 14, 1994] [47 FR 3792, Jan. 27, 1982] § 73.4190 Political candidate authorization notice and sponsorship § 73.4250 Subliminal perception. identification. (a) See Public Notice, FCC 74–78, (a) See Joint Public Notice by the dated January 24, 1974. 44 FCC 2d, 1016; Federal Communications Commission 39 FR 3714, January 29, 1974.

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(b) See FCC Information Bulletin, § 73.4275 Tone clusters; audio atten- ‘‘Subliminal Projection’’, dated No- tion-getting devices. vember 1977. See Public Notice, FCC 76–610, dated [44 FR 36389, June 22, 1979] July 2, 1976. 60 FCC 2d 920; 41 FR 28582, July 12, 1976. § 73.4255 Tax certificates: Issuance of. [44 FR 36389, June 22, 1979] (a) See Public Notice, FCC 76–337, dated April 21, 1976. 59 FCC 2d, 91; 41 FR § 73.4280 Character evaluation of broadcast applicants. 17605, April 27, 1976. (b) See Report and Order MM Docket (a) See Report and Order and Policy 87–267, FCC 91–303 adopted, September Statement, Gen. Docket 81–500, BC 26, 1991. 6 FCC Rcd 6273; 56 FR 64842, De- Docket 78–108, FCC 85–648, adopted De- cember 10, 1985. 102 FCC 2d 1179; 51 FR cember 12, 1991. 3049, January 23, 1986. [56 FR 64874, Dec. 12, 1991, as amended at 59 (b) See Policy Statement and Order, FR 52087, Oct. 14, 1994] FCC 90–195, adopted May 10, 1990. 5 FCC Rcd 3252, 55 FR 23082, June 6, 1990. § 73.4260 Teaser announcements. (c) See Memorandum Opinion and See Public Notice, FCC 62–592, dated Order, FCC 91–146, adopted May 1, 1991. June 1, 1962. 27 FR 5274, June 5, 1962. 6 FCC Rcd 3448, 56 FR 25633, June 5, 1991. [44 FR 36389, June 22, 1979] (d) See Memorandum Opinion and Order, FCC 92–448, adopted September § 73.4265 Telephone conversation 18, 1992. 7 FCC Rcd 6564, 57 FR 47410, Oc- broadcasts (network and like tober 16, 1992. sources). [59 FR 52087, Oct. 14, 1994] See Memorandum Opinion and Order, FCC 75–1406, adopted December 18, 1975. 57 FCC 2d, 334; 41 FR 816, January 5, Subpart I—Procedures for Com- 1976. petitive Bidding and for Appli- cations for Noncommercial [44 FR 36389, June 22, 1979] Educational Broadcast Sta- § 73.4266 Tender offer and proxy state- tions on Non-Reserved Chan- ments. nels See Policy Statement, MM Docket 85– SOURCE: 63 FR 48629, Sept. 11, 1998, unless 218, FCC 86–67, adopted January 30, otherwise noted. 1986. 51 FR 9794, March 21, 1986. [51 FR 26251, July 22, 1986] § 73.5000 Services subject to competitive bidding. § 73.4267 Time brokerage. (a) Mutually exclusive applications for new facilities and for major (a) See Policy Statement, Docket 78– changes to existing facilities in the fol- 355, FCC 80–621, adopted October 21, lowing broadcast services are subject 1980. 82 FCC 2d 107. to competitive bidding: AM; FM; FM (b) See Report and Order, MM Docket translator; analog television; low- 91–140, FCC 92–97, adopted March 12, power television; television translator; 1992. 7 FCC Rcd 2755; 57 FR 18089, April and Class A television. Mutually exclu- 29, 1992. sive applications for minor modifica- (c) See Memorandum Opinion and tions of Class A television and tele- Order and Further Notice of Proposed vision broadcast are also subject to Rule Making, MM Docket 91–140, FCC competitive bidding. The general com- 92–361, adopted August 5, 1992. 7 FCC petitive bidding procedures set forth in Rcd 6387; 57 FR 42701, September 16, part 1, subpart Q of this chapter will 1992. apply unless otherwise provided in part 73 or part 74 of this chapter. [47 FR 3792, Jan. 27, 1982, as amended at 59 (b) Mutually exclusive applications FR 52087, Oct. 14, 1994] for broadcast channels in the reserved

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portion of the FM band (Channels 200– tion in the same service, or in the 220) and for television broadcast chan- event that any applications that are nels reserved for noncommercial edu- submitted that had been mutually ex- cational use are not subject to com- clusive with other applications in the petitive bidding procedures. Applica- same service are resolved as a result of tions for noncommercial educational the dismissal or modification of any broadcast stations, as described in 47 applications, the non-mutually exclu- U.S.C. 397(6), on non-reserved channels sive applications will be identified by also are not subject to competitive bid- public notice and will not be subject to ding procedures. auction. [63 FR 48629, Sept. 11, 1998, as amended at 67 (b) To participate in broadcast serv- FR 45374, July 9, 2002; 68 FR 26228, May 15, ice auctions, or to apply for a non- 2003; 69 FR 72043, Dec. 10, 2004] commercial educational station, as described in 47 U.S.C. 397(6), on a non-re- § 73.5001 [Reserved] served channel, all applicants must timely submit short-form applications § 73.5002 Application and certification (FCC Form 175), along with all required procedures; return of mutually exclusive applications not subject to certifications, information and exhib- competitive bidding procedures; its, pursuant to the provisions of prohibition of collusion. § 1.2105(a) of this chapter and any Com- (a) Prior to any broadcast service mission public notices. So determina- auction, the Commission will issue a tions of mutual exclusivity for auction public notice announcing the upcoming purposes can be made, applicants for auction and specifying the period dur- non-table broadcast services must also ing which all applicants seeking to par- submit the engineering data contained ticipate in an auction, and all appli- in the appropriate FCC form (FCC cants for noncommercial educational Form 301, FCC Form 346, or FCC Form broadcast stations, as described in 47 349). Beginning January 1, 1999, all U.S.C. 397(6), on non-reserved channels, short-form applications must be filed must file their applications for new electronically. If any application for a broadcast facilities or for major noncommercial educational broadcast changes to existing facilities. Broad- station, as described in 47 U.S.C. 397(6), cast service applications for new facili- is mutually exclusive with applications ties or for major modifications will be for commercial broadcast stations, and accepted only during these specified the applicants that have the oppor- periods. This initial and other public tunity to resolve the mutually exclu- notices will contain information about sivity pursuant to paragraphs (c) and the completion and submission of ap- (d) of this section fail to do so, the applications to participate in the broad- plication for noncommercial edu- cast auction, and applications for non- cational broadcast station, as described commercial educational broadcast sta- in 47 U.S.C. 397(6), will be returned as tions, as described in 47 U.S.C. 397(6), unacceptable for filing, and the re- on non-reserved channels, as well as maining applications for commercial any materials that must accompany broadcast stations will be processed in the applications, and any filing fee accordance with competitive bidding that must accompany the applications procedures. or any upfront payments that will need (c) Applicants in all broadcast serv- to be submitted. Such public notices ice auctions, and applicants for non- will also, in the event mutually exclu- commercial educational stations, as sive applications are filed for broadcast described in 47 U.S.C. 397(6), on non-reconstruction permits that must be reserved channels will be subject to the solved through competitive bidding, provisions of § 1.2105(b) of this chapter contain information about the method regarding the modification and dis- of competitive bidding to be used and missal of their short-form applications. more detailed instructions on submit- Notwithstanding the general applica- ting bids and otherwise participating bility of § 1.2105(b) of this chapter to in the auction. In the event applica- broadcast auctions, and applicants for tions are submitted that are not mutu- noncommercial educational stations, ally exclusive with any other applica- as described in 47 U.S.C. 397(6), on non-

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reserved channels, the following appli- exclusivities with respect to the other cants will be permitted to resolve their applications in the specified mutually mutual exclusivities by making exclusive application group. amendments to their engineering sub- [69 FR 72043, Dec. 10, 2004, as amended at 75 missions following the filing of their FR 9806, Mar. 4, 2010] short-form applications: (1) Applicants for all broadcast serv- § 73.5003 Submission of full payments. ices who file major modification applications that are mutually exclusive Winning bidders are required to pay with each other; the balance of their winning bids in a (2) Applicants for all broadcast serv- lump sum prior to the deadline estab- ices who file major modification and lished by the Commission pursuant to new station applications that are mu- § 1.2109(a) of this chapter. If a winning tually exclusive with each other; or bidder fails to pay the balance of its (3) Applicants for the secondary winning bid in a lump sum by the ap- broadcast services who file applica- plicable deadline as specified by the tions for new stations that are mutu- Commission, it will be allowed to make ally exclusive with each other. payment within ten (10) business days (d) The prohibition of collusion set after the payment deadline, provided forth in § 1.2105(c) of this chapter, that it also pays a late fee equal to five which becomes effective upon the filing (5) percent of the amount due in ac- of short-form applications, shall apply cordance with § 1.2109(a) of this chap- to all broadcast service auctions. Not- ter. Broadcast construction permits withstanding the general applicability will be granted by the Commission of § 1.2105(c) of this chapter to broad- only after full and timely payment of cast auctions, the following applicants winning bids and any applicable late will be permitted to resolve their mu- fees and in accordance with the provi- tual exclusivities by means of engi- sions of this section. neering solutions or settlements during [71 FR 6228, Feb. 7, 2006] a limited period after the filing of short-form applications, as further § 73.5004 [Reserved] specified by Commission public notices: § 73.5005 Filing of long-form applica- (1) Applicants for all broadcast serv- tions. ices who file major modification appli- (a) Within thirty (30) days following cations that are mutually exclusive the close of bidding and notification to with each other; the winning bidders, unless a longer pe- (2) Applicants for all broadcast serv- riod is specified by public notice, each ices who file major modification and winning bidder must submit an appro- new station applications that are mu- priate long-form application (FCC tually exclusive with each other; or Form 301, FCC Form 346, or FCC Form (3) Applicants for the secondary 349) for each construction permit or li- broadcast services who file applica- cense for which it was the high bidder. tions for new stations that are mutu- Long-form applications filed by win- ally exclusive with each other. ning bidders shall include the exhibits (e) Applicants seeking to resolve required by § 1.2107(d) of this chapter their mutual exclusivities by means of (concerning any bidding consortia or engineering solution or settlement dur- joint bidding arrangements); § 1.2110(j) ing a limited period as specified by of this chapter (concerning designated public notice, pursuant to paragraph entity status, if applicable); and § 1.2112 (d) of this section, may submit a non- of this chapter (concerning disclosure universal engineering solution or set- of ownership and real party in interest tlement proposal, so long as such engi- information, and, if applicable, disclo- neering solution or settlement proposal sure of gross revenue information for results in the grant of at least one ap- small business applicants). plication from the mutually exclusive (b) The long-form application should group. A technical amendment sub- be submitted pursuant to the rules gov- mitted under this subsection must re- erning the service in which the appli- solve all of the applicant’s mutual cant is a high bidder and according to

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the procedures for filing such applica- short-form applications were mutually tions set out by public notice. When exclusive only with one or more short- electronic procedures become available form applications for a noncommercial for the submission of long-form appli- educational broadcast station, as de- cations, the Commission may require scribed in 47 U.S.C. 397(6). all winning bidders to file their long- (b) Within ten (10) days following the form applications electronically. issuance of a public notice announcing (c) An applicant that fails to submit that a long-form application for an the required long-form application AM, FM or television construction per- under this section, and fails to estab- mit has been accepted for filing, peti- lish good cause for any late-filed sub- tions to deny that application may be mission, shall be deemed to have de- filed. Within fifteen (15) days following faulted and shall be subject to the pay- the issuance of a public notice an- ments set forth in 47 CFR 1.2104(g). nouncing that a long-form application (d) An applicant whose short-form for a low-power television, television application, submitted pursuant to translator or FM translator construc- § 73.5002(b), was not mutually exclusive tion permit has been accepted for fil- with any other short-form application ing, petitions to deny that application in the same service, or whose short- may be filed. Any such petitions must form application was mutually exclu- contain allegations of fact supported sive only with one or more short-form by affidavit of a person or persons with applications for a noncommercial edu- personal knowledge thereof. cational broadcast station, as described (c) An applicant may file an opposi- in 47 U.S.C. 397(6), shall submit an ap- tion to any petition to deny, and the propriate long-form application within petitioner a reply to such opposition. thirty (30) days following release of a Allegations of fact or denials thereof public notice identifying any such non- must be supported by affidavit of a per- mutually exclusive applicants. The son or persons with personal knowledge long-form application should be sub- thereof. In the AM, FM and television mitted pursuant to the rules governing broadcast services, the time for filing the relevant service and according to such oppositions shall be five (5) days any procedures for filing such applica- from the filing date for petitions to tions set out by public notice. The deny, and the time for filing replies long-form application filed by a non- shall be five (5) days from the filing mutually exclusive applicant need not date for oppositions. In the low-power contain the additional exhibits, identi- television, television translator and fied in paragraph (a) of this section, re- FM translator broadcast services, the quired to be submitted with the long- time for filing such oppositions shall be form applications filed by winning bid- fifteen (15) days from the filing date for ders. When electronic procedures be- petitions to deny, and the time for fil- come available, the Commission may ing replies shall be ten (10) days from require any non-mutually exclusive ap- the filing date for oppositions. plicants to file their long-form applications electronically. (d) Broadcast construction permits will be granted by the Commission [63 FR 48629, Sept. 11, 1998, as amended at 67 only if the Commission denies or dis- FR 45375, July 9, 2002; 68 FR 26229, May 15, misses all petitions to deny, if any are 2003; 68 FR 43000, July 21, 2003; 69 FR 72044, filed, and is otherwise satisfied that an Dec. 10, 2004; 75 FR 9806, Mar. 4, 2010] applicant is qualified, and after full § 73.5006 Filing of petitions to deny and timely payment of winning bids against long-form applications. and any applicable late fees. See 47 (a) As set forth in 47 CFR 1.2108, peti- CFR 73.5003. Construction of broadcast tions to deny may be filed against the stations shall not commence until the long-form applications filed by winning grant of such permit or license to the bidders in broadcast service auctions winning bidder and only after full and and against the long-form applications timely payment of winning bids and filed by applicants whose short-form any applicable late fees. applications were not mutually exclu- [69 FR 72044, Dec. 10, 2004, as amended at 71 sive with any other applicant, or whose FR 6228, Feb. 7, 2006]

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§ 73.5007 Designated entity provisions. plicant not to qualify for the originally (a) New entrant bidding credit. A win- claimed new entrant bidding credit ning bidder that qualifies as a ‘‘new en- under the eligibility provisions of trant’’ may use a bidding credit to § 73.5007, and the change occurred prior lower the cost of its winning bid on any to grant of the construction permit to broadcast construction permit. Any the applicant. Final determinations re- winning bidder claiming new entrant garding new entrant status will be status must have de facto, as well as de made at the time of long form con- jure, control of the entity utilizing the struction permit application grant. Ap- bidding credit. A thirty-five (35) per- plicants whose eligibility is lost or recent bidding credit will be given to a duced subsequent to the FCC Form 175 winning bidder if it, and/or any indi- filing must, before a construction per- vidual or entity with an attributable mit will be issued, make such pay- interest in the winning bidder, have no ments as are necessary to account for attributable interest in any other the difference between claimed and ac- media of mass communications, as de- tual bidding credit eligibility. fined in § 73.5008. A twenty-five (25) per- (b) The new entrant bidding credit is cent bidding credit will be given to a not available to a winning bidder if it, winning bidder if it, and/or any indi- and/or any individual or entity with an vidual or entity with an attributable attributable interest in the winning interest in the winning bidder, have an bidder, have an attributable interest in attributable interest in no more than any existing media of mass commu- three mass media facilities. No bidding nications in the same area as the pro- credit will be given if any of the composed broadcast or secondary broadcast monly owned mass media facilities facility. serve the same area as the proposed (1) Any existing media of mass com- broadcast or secondary broadcast sta- munications will be considered in the tion, or if the winning bidder, and/or ‘‘same area’’ as a proposed broadcast or any individual or entity with an attrib- secondary broadcast facility if the rel- utable interest in the winning bidder, evant defined service areas of the exist- have attributable interests in more ing mass media facilities partially than three mass media facilities. At- overlap, or are partially overlapped by, tributable interests held by a winning the proposed broadcast or secondary bidder in existing low power television, broadcast facility’s relevant contour. television translator or FM translator (2) For purposes of determining facilities will not be counted among whether any existing media of mass the bidder’s other mass media interests communications is in the ‘‘same area’’ in determining eligibility for a bidding as a proposed broadcast or secondary credit. Eligibility for the new entrant broadcast facility, the relevant defined bidding credit must be specified in an service areas of the existing mass applicant’s FCC Form 175 application, media facilities shall be as follows: and the new entrant bidding credit (i) AM broadcast station—principal specified in an applicant’s FCC Form community contour (see § 73.24(i)); 175 application establishes that appli- (ii) FM Broadcast station—principal cant’s maximum bidding credit eligi- community contour (see § 73.315(a)); bility for that auction. Any post-FCC (iii) Television broadcast station— Form 175 filing change in the appli- television Grade B or equivalent con- cant’s circumstances underlying its tour (see § 73.683(a) for analog TV and new entrant bidding credit eligibility § 73.622(e) for DTV); claim, or that of any attributable in- (iv) Cable television system—the terest-holder in the applicant, must be franchised community of a cable sys- reported to the Commission imme- tem; and diately, and no later than five business (v) Daily newspaper—community of days after the change occurs. Any such publication. post-FCC Form 175 filing change may (3) For purposes of determining cause a reduction or elimination of the whether a proposed broadcast or sec- new entrant bidding credit claimed in ondary broadcast facility is in the the applicant’s FCC Form 175 applica- ‘‘same area’’ as an existing mass media tion, if the change would cause the ap- facility, the relevant contours of the

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proposed broadcast or secondary broad- thereafter, no payment. If a licensee or cast facility shall be as follows: permittee who utilized a new entrant (i) AM broadcast station—principal bidding credit in obtaining a broadcast community contour (see § 73.24(i)); license or construction permit acquires (ii) FM broadcast station—principal within this five-year reimbursement community contour (see § 73.315(a)); period an additional broadcast facility (iii) FM translator station—pre- or facilities, such that the licensee or dicted, protected contour (see permittee would not have been eligible § 74.1204(a) of this chapter); for the new entrant credit, the licensee (iv) Television broadcast station— or permittee will generally not be re- television Grade B or equivalent con- quired to reimburse the U.S. Govern- tour (see § 73.683(a) for analog TV and ment for the amount of the bidding § 73.622(e) for DTV). credit. (v) Low power television or television NOTE 1 TO § 73.5007: For purposes of para- translator station—predicted, pro- graph (b)(3)(ii) of this section, the contour of tected contour (see § 74.707(a) of this the proposed new FM broadcast station is chapter). based on the maximum class facilities at the (c) Unjust enrichment. If a licensee or FM allotment site, which is defined as the permittee that utilizes a new entrant perfectly circular standard 70 dBu contour bidding credit under this subsection distance for the class of station. seeks to assign or transfer control of [64 FR 24526, May 7, 1999, as amended at 68 its license or construction permit to an FR 46358, Aug. 5, 2003; 69 FR 72045, Dec. 10, entity not meeting the eligibility cri- 2004; 75 FR 9807, Mar. 4, 2010] teria for the bidding credit, the licensee or permittee must reimburse § 73.5008 Definitions applicable for the U.S. Government for the amount of designated entity provisions. the bidding credit, plus interest based (a) Scope. The definitions in this sec- on the rate for ten-year U.S. Treasury tion apply to 47 CFR 73.5007, unless oth- obligations applicable on the date the erwise specified in that section. construction permit was originally (b) A medium of mass communications granted, as a condition of Commission means a daily newspaper; a cable tele- approval of the assignment or transfer. vision system; or a license or construc- If a licensee or permittee that utilizes tion permit for a television broadcast a new entrant bidding credit seeks to station, an AM or FM broadcast sta- assign or transfer control of a license tion, or a direct broadcast satellite or construction permit to an entity transponder. that is eligible for a lower bidding (c)(1) An attributable interest in a credit, the difference between the bid- winning bidder or in a medium of mass ding credit obtained by the assigning communications shall be determined in party and the bidding credit for which accordance with § 73.3555 and Note 2 to the acquiring party would qualify, plus § 73.3555. In addition, any interest held interest based on the rate for ten-year by an individual or entity with an eq- U.S. Treasury obligations applicable on uity and/or debt interest(s) in a win- the date the construction permit was ning bidder shall be attributed to that originally granted, must be paid to the winning bidder for purposes of deter- U.S. Government as a condition of mining its eligibility for the new en- Commission approval of the assign- trant bidding credit, if the equity (in- ment or transfer. The amount of the cluding all stockholdings, whether vot- reimbursement payments will be re- ing or nonvoting, common or preferred) duced over time. An assignment or and debt interest or interests, in the transfer in the first two years after aggregate, exceed thirty-three (33) per- issuance of the construction permit to cent of the total asset value (defined as the winning bidder will result in a for- the aggregate of all equity plus all feiture of one hundred (100) percent of debt) of the winning bidder. the value of the bidding credit; during (2) Notwithstanding paragraph (c)(1) year three, of seventy-five (75) percent of this section, where the winning bid- of the value of the bidding credit; in der is an eligible entity, the combined year four, of fifty (50) percent; in year equity and debt of the interest holder five, twenty-five (25) percent; and in the winning bidder may exceed the

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33 percent threshold therein without control of a broadcast construction triggering attribution, provided that: permit or license awarded by competi- (i) The combined equity and debt of tive bidding. the interest holder in the winning bidder is less than 50 percent, or [67 FR 45375, July 9, 2002, as amended at 68 FR 43000, July 21, 2003] (ii) The total debt of the interest holder in the winning bidder does not exceed 80 percent of the asset value of Subpart J—Class A Television the winning bidder and the interest Broadcast Stations holder does not hold any equity interest, option, or promise to acquire an SOURCE: 65 FR 30009, May 10, 2000, unless equity interest in the winning bidder otherwise noted. or any related entity. For purposes of paragraph (c)(2) of this section, an ‘‘el- § 73.6000 Definitions. igible entity’’ shall include any entity For the purpose of this subpart, the that qualifies as a small business under following definition applies: the Small Business Administration’s Locally produced programming is pro- size standards for its industry group- gramming: ing, as set forth in 13 CFR 121.201, at the time the transaction is approved by (1) Produced within the predicted the FCC, and holds: Grade B contour of the station broad- (A) 30 percent or more of the stock or casting the program or within the con- partnership interests and more than 50 tiguous predicted Grade B contours of percent of the voting power of the cor- any of the stations in a commonly poration or partnership that will own owned group; or the media outlet; or (2) Produced within the predicted (B) 15 percent or more of the stock or DTV noise-limited contour (see partnership interests and more than 50 § 73.622(e)) of a digital Class A station percent of the voting power of the cor- broadcasting the program or within the poration or partnership that will own contiguous predicted DTV noise-lim- the media outlet, provided that no ited contours of any of the digital Class other person or entity owns or controls A stations in a commonly owned group. more than 25 percent of the out- NOTE TO § 73.6000: See Report and Order, In standing stock or partnership inter- the Matter of Establishment of a Class A ests; or Television Service, MM Docket No. 00–10, re- (C) More than 50 percent of the vot- leased April 4, 2000; Memorandum Opinion and ing power of the corporation that will Order on Reconsideration, In the Matter of Es- own the media outlet if such corpora- tablishment of a Class A Television Service, tion is a publicly traded company. MM Docket No. 00–10, released April 13, 2001; Report and Order, In the Matter of Elimi- [63 FR 48629, Sept. 11, 1998, as amended at 64 nation of Main Studio Rule, MB Docket No. FR 24527, May 7, 1999; 64 FR 44858, Aug. 18, 17–106, released October 24, 2017. 1999; 69 FR 72045, Dec. 10, 2004; 73 FR 28370, May 16, 2008; 75 FR 27200, May 14, 2010] [82 FR 57884, Dec. 8, 2017]

§ 73.5009 Assignment or transfer of § 73.6001 Eligibility and service re- control. quirements. (a) The unjust enrichment provisions (a) Qualified low power television li- found at § 1.2111(b) through (e) of this censees which, during the 90-day period chapter shall not apply to applicants ending November 28, 1999, operated seeking approval of a transfer of con- their stations in a manner consistent trol or assignment of a broadcast con- with the programming and operational struction permit or license within standards set forth in the Community three years of receiving such permit or Broadcasters Protection Act of 1999, license by means of competitive bid- may be accorded primary status as ding. Class A television licensees. (b) The ownership disclosure require- (b) Class A television broadcast sta- ments found at § 1.2112(a) of this chap- tions are required to: ter shall not apply to an applicant (1) Broadcast a minimum of 18 hours seeking consent to assign or transfer per day; and

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(2) Broadcast an average of at least (2) 68 dBu for stations on Channels 7 three hours per week of locally pro- through 13; and duced programming each quarter. (3) 74 dBu for stations on Channels 14 (c) Licensed Class A television broad- through 51. cast stations shall be accorded primary (b) The Class A TV station protected status as a television broadcaster as contour is calculated from the effective long as the station continues to meet radiated power and antenna height the minimum operating requirements above average terrain, using the for Class A status. F(50,50) charts of Figure 9, 10 or 10b of (d) Licensees unable to continue to § 73.699 of this part. meet the minimum operating require- (c) A digital Class A TV station will ments for Class A television stations, be protected from interference within or which elect to revert to low power the following predicted signal con- television status, shall promptly notify tours: the Commission, in writing, and re- (1) 43 dBu for stations on Channels 2 quest a change in status. through 6; (2) 48 dBu for stations on Channels 7 § 73.6002 Licensing requirements. through 13; and (a) A Class A television broadcast li- (3) 51 dBu for stations on Channels 14 cense will only be issued to a qualified through 51. low power television licensee that: (d) The digital Class A TV station (1) Filed a Statement of Eligibility protected contour is calculated from for Class A Low Power Television Sta- the effective radiated power and an- tion Status on or before January 28, tenna height above average terrain, 2000, which was granted by the Com- using the F(50,90) signal propagation mission; and method specified in § 73.625(b)(1) of this (2) Files an acceptable application for part. a Class A Television license (FCC Form 302–CA). § 73.6012 Protection of Class A TV, low power TV and TV translator sta- §§ 73.6003–73.6005 [Reserved] tions. § 73.6006 Channel assignments. An application to change the facilities of an existing Class A TV station Class A TV stations will not be au- will not be accepted if it fails to pro- thorized on UHF TV channels 52 tect other authorized Class A TV, low through 69, or on channels unavailable power TV and TV translator stations for TV broadcast station use pursuant and applications for changes in such to § 73.603 of this part. stations filed prior to the date the § 73.6007 Power limitations. Class A application is filed, pursuant to the requirements specified in § 74.707 of An application to change the facili- this chapter. The protection of other ties of an existing Class A TV station authorized low power TV and TV trans- will not be accepted if it requests an ef- lator stations and applications for fective radiated power that exceeds the changes in such stations shall not power limitation specified in § 74.735 of apply in connection with any applica- this chapter. tion filed by a Class A TV station pursuant to § 73.3700(b)(1). § 73.6008 Distance computations. The distance between two reference [79 FR 48544, Aug. 15, 2014] points must be calculated in accordance with § 73.208(c) of this part. § 73.6013 Protection of DTV stations. Class A TV stations must protect the § 73.6010 Class A TV station protected DTV service that would be provided by contour. the facilities specified in the DTV (a) A Class A TV station will be pro- Table of Allotments in § 73.622 of this tected from interference within the fol- part, by authorized DTV stations and lowing predicted signal contours: by applications that propose to expand (1) 62 dBu for stations on Channels 2 DTV stations’ allotted or authorized through 6; coverage contour in any direction, if

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such applications either were filed be- provided by the facilities specified in fore December 31, 1999 or were filed be- the DTV Table of Allotments in § 73.622, tween December 31, 1999 and May 1, 2000 by authorized DTV stations and by ap- by a DTV station licensee or permittee plications that propose to expand DTV that had notified the Commission of its stations’ allotted or authorized cov- intent to ‘‘maximize’’ by December 31, erage contour in any direction, if such 1999. Protection of these allotments, applications either were filed before stations and applications must be December 31, 1999 or were filed between based on not causing predicted inter- December 31, 1999 and May 1, 2000 by a ference within the service area de- DTV station licensee or permittee that scribed in § 73.622(e) of this part. The had notified the Commission of its in- interference analysis is based on the tent to ‘‘maximize’’ by December 31, methods described in § 73.623(c)(2) 1999. Protection of these allotments, through (c)(4) of this part, except that stations and applications must be a Class A TV station must not cause a based on meeting the requirements of loss of service to 0.5 percent or more of § 74.793 (b) through (e) of this chapter. the population predicted to receive An application for digital operation of service from the DTV allotment, sta- an existing Class A TV station or to tion or application. An application to change the facilities of a digital Class change the facilities of an existing A TV station will not be accepted if it Class A TV station will not be accepted fails to protect these DTV allotments, if it fails to protect these DTV allot- stations and applications in accordance ments, stations and applications in ac- with this section. cordance with this section. [69 FR 69330, Nov. 29, 2004] § 73.6014 Protection of digital Class A TV stations. § 73.6019 Digital Class A TV station protection of low power TV, TV An application to change the facili- translator, digital low power TV ties of an existing Class A TV station and digital TV translator stations. will not be accepted if it fails to protect authorized digital Class A TV sta- An application for digital operation tions and applications for changes in of an existing Class A TV station or to such stations filed prior to the date the change the facilities of a digital Class Class A application is filed, pursuant to A TV station will not be accepted if it the requirements specified in § 74.706 of fails to protect authorized low power this chapter. TV, TV translator, digital low power TV and digital TV translator stations § 73.6017 Digital Class A TV station in accordance with the requirements of protection of Class A TV and digital § 74.793(b) through (d) and (h) of this Class A TV stations. chapter. This protection must be af- An application for digital operation forded to applications for changes filed of an existing Class A TV station or to prior to the date the digital Class A change the facilities of a digital Class station is filed. The protection of other A TV station will not be accepted if it authorized low power TV, TV trans- fails to protect authorized Class A and lator, digital low power TV and digital digital Class A stations in accordance TV translator stations shall not apply with the requirements of § 74.793 (b) in connection with any application through (d) and § 74.793(g) of this chap- filed by a Class A TV station pursuant ter. This protection must be afforded to § 73.3700(b)(1). to applications for changes in other au- [79 FR 48544, Aug. 15, 2014] thorized Class A and digital Class A stations filed prior to the date the dig- § 73.6020 Protection of stations in the ital Class A application is filed. land mobile radio service. [69 FR 69330, Nov. 29, 2004] An application for digital operation of an existing Class A TV station or to § 73.6018 Digital Class A TV station change the facilities of an existing protection of DTV stations. Class A TV or digital Class A TV sta- Digital Class A TV stations must tion will not be accepted if it fails to protect the DTV service that would be protect stations in the land mobile

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radio service pursuant to the require- channel in a distributed transmission ments specified in § 74.709 of this chap- system. ter. In addition to the protection re- [73 FR 74064, Dec. 5, 2008] quirements specified in § 74.709(a) of this chapter, Class A TV and digital § 73.6024 Transmission standards and Class A TV stations must not cause in- system requirements. terference to land mobile stations op- (a) A Class A TV station must meet erating on channel 16 in New York, NY. the requirements of §§ 73.682 and 73.687, [69 FR 69331, Nov. 29, 2004] except as provided in paragraph (b) of this section. § 73.6022 Negotiated interference and (b) A Class A TV station may con- relocation agreements. tinue to operate with the transmitter operated under its previous LPTV li- (a) Notwithstanding the technical cense, provided such operation does not criteria in this subpart, Subpart E of cause any condition of uncorrectable this part, and Subpart G of part 74 of interference due to radiation of radio this chapter regarding interference frequency energy outside of the as- protection to and from Class A TV sta- signed channel. Such operation must tions, Class A TV stations may nego- continue to meet the requirements of tiate agreements with parties of au- §§ 74.736 and 74.750 of this chapter. thorized and proposed analog TV, DTV, (c) A Class A TV station must meet LPTV, TV translator, Class A TV sta- the offset carrier frequency and fre- tions or other affected parties to re- quency tolerance provisions of § 73.1545 solve interference concerns; provided, of this part. however, other relevant requirements (d) A digital Class A station must are met with respect to the parties to meet the emission requirements of the agreement. A written and signed § 74.794 of this chapter. agreement must be submitted with each application or other request for [65 FR 30009, May 10, 2000, as amended at 66 action by the Commission. Negotiated FR 21690, May 1, 2001; 69 FR 69331, Nov. 29, agreements under this paragraph can 2004] include the exchange of money or other § 73.6025 Antenna system and station considerations from one entity to an- location. other. Applications submitted pursuant (a) Applications for modified Class A to the provisions of this paragraph will TV facilities proposing the use of direc- be granted only if the Commission tional antenna systems must be accom- finds that such action is consistent panied by the following: with the public interest. (1) Complete description of the pro- (b) A Class A TV station displaced in posed antenna system, including the channel by a channel allotment change manufacturer and model number of the for a DTV station may seek to ex- proposed directional antenna. In the change channels with the DTV station, case of a composite antenna composed provided both parties consent in writ- of two or more individual antennas, the ing to the change and that the Class A antenna should be described as a station meets all applicable inter- ‘‘composite’’ antenna. A full descrip- ference protection requirements on the tion of the design of the antenna new channel. Such requests will be should also be submitted. treated on a case-by-case basis and, if (2) Relative field horizontal plane approved, will not subject the Class A pattern (horizontal polarization only) station to the filing of competing ap- of the proposed directional antenna. A plications for the exchanged channel. value of 1.0 should be used for the maximum radiation. The plot of the pat- § 73.6023 Distributed transmission sys- tern should be oriented so that 0 de- tems. grees (True North) corresponds to the Station licensees may operate a com- maximum radiation of the directional monly owned group of digital Class A antenna or, alternatively in the case of stations with contiguous predicted a symmetrical pattern, the line of sym- DTV noise-limited contours (pursuant metry. Where mechanical beam tilt is to § 73.622(e)) on a common television intended, the amount of tilt in degrees

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of the antenna vertical axis and the (d) Class A TV stations are subject to orientation of the downward tilt with the provisions in § 73.685(d) regarding respect to true North must be speci- blanketing interference. fied, and the horizontal plane pattern [65 FR 30009, May 10, 2000, as amended at 78 must reflect the use of mechanical FR 66298, Nov. 5, 2013] beam tilt. (3) A tabulation of the relative field § 73.6026 Broadcast regulations appli- pattern required in paragraph (a)(2), of cable to Class A television stations. this section. The tabulation should use The following rules are applicable to the same zero degree reference as the Class A television stations: plotted pattern, and be tabulated at least every 10 degrees. In addition, tab- § 73.603 Numerical designation of television channels. ulated values of all maxima and mini- § 73.624(b), (c) and (g) Digital television ma, with their corresponding azimuths, broadcast stations. Section 73.624(b) will should be submitted. apply only to the extent that such stations (4) Horizontal and vertical plane radi- must also transmit at least one over-the- ation patterns showing the effective ra- air video program signal at no direct diated power, in dBk, for each direc- charge to viewers of the digital Class A tion. Sufficient vertical plane patterns station § 73.635 Use of common antenna site. must be included to indicate clearly § 73.642 Subscription TV service. the radiation characteristics of the an- § 73.643 Subscription TV operating require- tenna above and below the horizontal ments. plane. In cases where the angles at § 73.644 Subscription TV transmission sys- which the maximum vertical radiation tems. varies with azimuth, a separate § 73.646 Telecommunications Service on the vertical radiation pattern must be pro- Vertical Blanking Interval and in the Vis- vided for each pertinent radial direc- ual Signal. tion. § 73.653 Operation of TV aural and visual transmitters. (5) The horizontal and vertical plane § 73.658 Affiliation agreements and network patterns that are required are the pat- program practice; territorial exclusivity in terns for the complete directional an- non-network program arrangements. tenna system. In the case of a com- § 73.664 Determining operating power. posite antenna composed of two or § 73.665 Use of TV aural baseband subcar- more individual antennas, this means riers. that the patterns for the composite an- § 73.667 TV subsidiary communications serv- tenna, not the patterns for each of the ices. individual antennas, must be sub- § 73.669 TV stereophonic aural and multiplex subcarrier operation. mitted. § 73.670 Commercial limits in children’s pro- (b) Applications for modified Class A grams. TV facilities proposing to locate anten- § 73.671 Educational and informational pro- nas within 61.0 meters (200 feet) of gramming for children. other Class A TV or TV broadcast an- § 73.673 Public information initiatives re- tennas operating on a channel within garding educational and informational pro- 20 percent in frequency of the proposed gramming for children. channel, or proposing the use of anten- § 73.688 Indicating instruments. nas on Channels 5 or 6 within 61.0 me- § 73.691 Visual modulation monitoring. § 73.3615(a) and (g) Ownership reports. ters (200 feet) of FM broadcast antennas, must include a showing as to the [66 FR 21690, May 1, 2001, as amended at 74 expected effect, if any, of such proxi- FR 25168, May 27, 2009] mate operation. § 73.6027 Class A TV notifications con- (c) Where a Class A TV licensee or cerning interference to radio as- permittee proposes to mount its an- tronomy, research and receiving in- tenna on or near an AM tower, as de- stallations. fined in § 1.30002, the Class A TV li- An applicant for digital operation of censee or permittee must comply with an existing Class A TV station or to § 1.30003 or § 1.30002. change the facilities of an existing

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Class A TV or digital Class A TV sta- sharer station must comply with the tion shall be subject to the require- rules of part 74 of this chapter gov- ments of § 73.1030—Notifications con- erning power levels and interference cerning interference to radio astron- that are applicable to low power tele- omy, research and receiving installa- vision or TV translator stations, and tions. must comply in all other respects with [69 FR 69331, Nov. 29, 2004] the rules and policies applicable to Class A television stations, as set forth § 73.6028 Class A television channel in §§ 73.6000 through 73.6027. sharing outside the incentive auc- (d) Deadline for implementing CSAs. tion. CSAs submitted pursuant to this sec- (a) Eligibility. Subject to the provi- tion must be implemented within three sions of this section, Class A television years of the grant of the initial chan- stations may voluntarily seek Commis- nel sharing construction permit. sion approval to share a single six (e) Channel sharing agreements (CSAs). megahertz channel with other Class A, (1) CSAs submitted under this section full power, low power, or TV translator must contain provisions outlining each television stations. licensee’s rights and responsibilities (b) Licensing of channel sharing sta- regarding: tions. (1) Each station sharing a single (i) Access to facilities, including channel pursuant to this section shall whether each licensee will have unre- continue to be licensed and operated strained access to the shared trans- separately, have its own call sign, and mission facilities; be separately subject to all of the Com- (ii) Allocation of bandwidth within mission’s obligations, rules, and poli- the shared channel; cies. (iii) Operation, maintenance, repair, (2) A station relinquishing its chan- and modification of facilities, includ- nel must file an application for a con- ing a list of all relevant equipment, a struction permit, include a copy of the description of each party’s financial Channel Sharing Agreement (CSA) as obligations, and any relevant notice an exhibit, and cross reference the provisions; other sharing station(s). Any engineer- (iv) Transfer/assignment of a shared ing changes necessitated by the CSA license, including the ability of a new may be included in the station’s appli- licensee to assume the existing CSA; cation. Upon initiation of shared oper- and ations, the station relinquishing its (v) Termination of the license of a channel must notify the Commission party to the CSA, including reversion that it has terminated operation pursu- of spectrum usage rights to the re- ant to § 73.1750 and each sharing station maining parties to the CSA. must file an application for license. (2) CSAs must include provisions: (c) Channel sharing between Class A (i) Affirming compliance with the television stations and full power, low channel sharing requirements in this power television, and TV translator sta- section and all relevant Commission tions. (1) A Class A television sharee rules and policies; and station (defined as a station relin- (ii) Requiring that each channel shar- quishing a channel in order to share) ing licensee shall retain spectrum that is a party to a CSA with a full usage rights adequate to ensure a suffi- power television sharer station (de- cient amount of the shared channel ca- fined as the station hosting a sharee pacity to allow it to provide at least pursuant to a CSA) must comply with one Standard Definition program the rules of this part governing power stream at all times. levels and interference, and must com- (f) Termination and assignment/transfer ply in all other respects with the rules of shared channel. (1) Upon termination and policies applicable to Class A tele- of the license of a party to a CSA, the vision stations, as set forth in §§ 73.6000 spectrum usage rights covered by that through 73.6027. license may revert to the remaining (2) A Class A television sharee sta- parties to the CSA. Such reversion tion that is a party to a CSA with a shall be governed by the terms of the low power television or TV translator CSA in accordance with paragraph

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(e)(1)(v) of this section. If upon termi- systems informing them of the new an- nation of the license of a party to a ticipated date(s). CSA only one party to the CSA re- (5) Notifications provided to cable mains, the remaining licensee may file systems pursuant to this section must an application for license to change its be either mailed to the system’s offi- status to non-shared. cial address of record provided in the (2) If the rights under a CSA are cable system’s most recent filing in the transferred or assigned, the assignee or FCC’s Cable Operations and Licensing the transferee must comply with the System (COALS) Form 322, or emailed terms of the CSA in accordance with to the system if the system has pro- paragraph (e)(1)(iv) of this section. If vided an email address. the transferee or assignee and the li- [82 FR 18250, Apr. 18, 2017] censees of the remaining channel sharing station or stations agree to amend § 73.6029 Class A television the terms of the existing CSA, the simulcasting during the ATSC 3.0 agreement may be amended, subject to (Next Gen TV) transition. Commission approval. (a) Simulcasting arrangements. For (g) Notice to cable systems. (1) Stations purposes of compliance with the participating in channel sharing agree- simulcasting requirement in paragraph ments must provide notice to cable (b) of this section, a Class A television systems that: station may partner with one or more (i) No longer will be required to carry other Class A stations or with one or the station because of the relocation of more full power, LPTV, or TV trans- the station; lator stations in a simulcasting ar- (ii) Currently carry and will continue rangement for purposes of airing either to be obligated to carry a station that an ATSC 1.0 or ATSC 3.0 signal on a will change channels; or host station’s (i.e., a station whose fa- (iii) Will become obligated to carry cilities are being used to transmit pro- the station due to a channel sharing re- gramming originated by another sta- location. tion) facilities. (2) The notice required by this sec- (1) A Class A television station airing tion must contain the following infor- an ATSC 1.0 or ATSC 3.0 signal on the mation: facilities of a full power host station (i) Date and time of any channel must comply with the rules of Part 73 changes; of this chapter governing power levels (ii) The channel occupied by the sta- and interference, and must comply in tion before and after implementation all other respects with the rules and of the CSA; policies applicable to Class A television (iii) Modification, if any, to antenna stations, as set forth in this subpart. position, location, or power levels; (2) A Class A television station airing (iv) Stream identification informa- an ATSC 1.0 or ATSC 3.0 signal on the tion; and facilities of a low power television or (v) Engineering staff contact infor- TV translator host station must com- mation. ply with the rules of part 74 of this (3) Should any of the information in chapter governing power levels and in- paragraph (g)(2) of this section change, terference that are applicable to low an amended notification must be sent. power television or TV translator sta- (4) Sharee stations must provide no- tions, and must comply in all other re- tice as required by this section at least spects with the rules and policies appli- 90 days prior to terminating operations cable to Class A television stations, as on the sharee’s channel. Sharer sta- set forth in this subpart. tions and sharee stations must provide (b) Simulcasting requirement. A Class A notice as required by this section at television station that chooses to air least 90 days prior to initiation of oper- an ATSC 3.0 signal must simulcast the ations on the sharer channel. Should primary video programming stream of the anticipated date to either cease op- that signal in an ATSC 1.0 format. This erations or commence channel sharing requirement does not apply to any operations change, the stations must multicast streams aired on the ATSC send a further notice to affected cable 3.0 channel.

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(1) The programming aired on the 1.0 from the station’s existing facilities ATSC 1.0 simulcast signal must be and transmit an ATSC 3.0 signal on the ‘‘substantially similar’’ to that aired facilities of a host station, the ATSC on the ATSC 3.0 primary video pro- 3.0 signal must be established on a host gramming stream. For purposes of this station assigned to the same DMA as section, ‘‘substantially similar’’ means the originating station. that the programming must be the (e) Simulcasting agreements. (1) same except for advertisements, pro- Simulcasting agreements must contain motions for upcoming programs, and provisions outlining each licensee’s programming features that are based rights and responsibilities regarding: on the enhanced capabilities of ATSC (i) Access to facilities, including 3.0. These enhanced capabilities in- whether each licensee will have unre- clude: strained access to the host station’s (i) Hyper-localized content (e.g., geo- transmission facilities; targeted weather, targeted emergency (ii) Allocation of bandwidth within alerts, and hyper-local news): the host station’s channel; (ii) Programming features or im- (iii) Operation, maintenance, repair, provements created for the ATSC 3.0 and modification of facilities, includ- service (e.g., emergency alert ‘‘wake ing a list of all relevant equipment, a up’’ ability and interactive program description of each party’s financial features); obligations, and any relevant notice (iii) Enhanced formats made possible provisions; by ATSC 3.0 technology (e.g., 4K or (iv) Conditions under which the si- HDR); and mulcast agreement may be terminated, (iv) Personalization of programming assigned or transferred; and performed by the viewer and at the (v) How a guest station’s (i.e., a sta- viewer’s discretion. tion originating programming that is (2) For purposes of paragraph (b)(1) of being transmitted using the facilities this section, programming that airs at of a host station) signal may be a different time on the ATSC 1.0 simul- transitioned off the host station. cast signal than on the primary video (2) Broadcasters must maintain a programming stream of the ATSC 3.0 written copy of any simulcasting signal is not considered ‘‘substantially agreement and provide it to the Com- similar.’’ mission upon request. (c) Coverage requirements for the ATSC (f) Licensing of simulcasting stations 1.0 simulcast signal. For Class A broad- and stations converting to ATSC 3.0 oper- casters that elect temporarily to relo- ation. (1) Each station participating in cate their ATSC 1.0 signal to the facili- a simulcasting arrangement pursuant ties of a host station for purposes of de- to this section shall continue to be li- ploying ATSC 3.0 service (and that con- censed and operated separately, have vert their existing facilities to ATSC its own call sign, and be separately 3.0), the station: subject to all applicable Commission (1) Must maintain overlap between obligations, rules, and policies. ATSC the protected contour (§ 73.6010(c)) of 1.0 and ATSC 3.0 signals aired on the its existing signal and its ATSC 1.0 si- facilities of a host station will be li- mulcast signal; censed as temporary second channels of (2) May not relocate its ATSC 1.0 si- the originating station. The Commis- mulcast signal more than 30 miles from sion will include a note on the origi- the reference coordinates of the relo- nating station’s license identifying any cating station’s existing antenna loca- ATSC 1.0 or ATSC 3.0 signal being aired tion; and on the facilities of a host station. The (3) Must select a host station as- Commission will also include a note on signed to the same DMA as the origi- a host station’s license identifying any nating station (i.e., the station whose ATSC 1.0 or ATSC 3.0 guest signal(s) programming is being transmitted on being aired on the facilities of the host the host station). station. (d) Coverage requirements for ATSC 3.0 (2) Application required. A Class A signals. For Class A broadcasters that broadcaster must file an application elect to continue broadcasting in ATSC (FCC Form 2100) with the Commission,

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and receive Commission approval, be- (D) Any other information deemed fore: necessary by the Commission to proc- (i) Moving its ATSC 1.0 signal to the ess the application. facilities of a host station, moving that (ii) If an application in paragraph signal from the facilities of an existing (f)(2) of this section includes a request host station to the facilities of a dif- to air an ATSC 1.0 signal on the facili- ferent host station, or discontinuing an ties of a host station, the broadcaster ATSC 1.0 guest signal; must, in addition to the information in (ii) Commencing the airing of an paragraph (f)(6)(i), also indicate on the ATSC 3.0 signal on the facilities of a application: (A) The predicted population within host station (that has already con- the protected contour served by the verted to ATSC 3.0 operation), moving station’s original ATSC 1.0 signal; its ATSC 3.0 signal to the facilities of (B) The predicted population within a different host station, or dis- the protected contour served by the continuing an ATSC 3.0 guest signal; or station’s original ATSC 1.0 signal that (iii) Converting its existing station will lose the station’s ATSC 1.0 service to transmit an ATSC 3.0 signal or con- as a result of the simulcasting arrange- verting the station from ATSC 3.0 back ment, including identifying areas of to ATSC 1.0 transmissions. service loss by providing a contour (3) Streamlined process. With respect overlap map; and to an application in paragraph (f)(2) of (C) Whether the ATSC 1.0 simulcast this section, a Class A broadcaster may signal aired on the host station will file only an application for modifica- serve at least 95 percent of the popu- tion of license provided no other lation in paragraph (f)(6)(ii)(A) of this changes are being requested in such ap- section. plication that would require the filing (iii)(A) If an application in paragraph of an application for a construction (f)(2) of this section includes a request permit as otherwise required by the to air an ATSC 1.0 signal on the facili- rules (see, e.g., § 73.1690). ties of a host station and does not meet (4) Host station. A host station must the 95 percent standard in paragraph first make any necessary changes to its (f)(6)(ii) of this section, the application facilities before a guest station may must contain, in addition to the infor- file an application to air a 1.0 or 3.0 sig- mation in paragraphs (f)(6)(i) and (ii) of nal on such host. this section, the following information: (5) Expedited processing. An applica- (1) Whether there is another possible tion filed in accordance with the host station(s) in the market that streamlined process in paragraph (f)(3) would result in less service loss to ex- of this section will receive expedited isting viewers and, if so, why the Next processing provided, for stations re- Gen TV broadcaster chose to partner questing to air an ATSC signal on the with a host station creating a larger facilities of a host station, the station service loss; will provide ATSC 1.0 service to at (2) What steps, if any, the station least 95 percent of the predicted popu- plans to take to minimize the impact of the service loss (e.g., providing lation within the noise limited service ATSC 3.0 dongles, set-top boxes, or contour of its original ATSC 1.0 facil- gateway devices to viewers in the loss ity. area); and (6) Required information. (i) An appli- (3) The public interest benefits of the cation in paragraph (f)(2) of this sec- simulcasting arrangement and a show- tion must include the following infor- ing of why the benefit(s) of granting mation: the application would outweigh the (A) The station serving as the host, if harm(s). applicable; (B) These applications will be consid- (B) The technical facilities of the ered on a case-by-case basis. host station, if applicable; (g) Consumer education for Next Gen (C) The DMA of the originating TV stations. (1) Class A stations that re- broadcaster’s facility and the DMA of locate their ATSC 1.0 signals (e.g., the host station, if applicable; and moving to a host station’s facilities,

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subsequently moving to a different (A) At least 120 days in advance of re- host, or returning to its original facil- locating their ATSC 1.0 signals if the ity) will be required to air daily Public relocation occurs during the post-in- Service Announcements (PSAs) or centive auction transition period; or crawls every day for 30 days prior to (B) At least 90 days in advance of re- the date that the stations will termi- locating their ATSC 1.0 signals if the nate ATSC 1.0 operations on their ex- relocation occurs after the post-incen- isting facilities. Stations that transi- tive auction transition period. tion directly to ATSC 3.0 will be re- (ii) If the anticipated date of the quired to air daily PSAs or crawls ATSC 1.0 signal relocation changes, the every day for 30 days prior to the date station must send a further notice to that the stations will terminate ATSC affected MVPDs informing them of the 1.0 operations. new anticipated date. (2) PSAs. Each PSA must be provided (5) Next Gen TV stations may choose in the same language as a majority of whether to provide notice as required the programming carried by the by this section either by a letter notifi- transitioning station and be closed- cation or electronically via email if the captioned. relevant MVPD agrees to receive such (3) Crawls. Each crawl must be pro- notices by email. Letter notifications vided in the same language as a major- to MVPDs must be sent by certified ity of the programming carried by the mail, return receipt requested to the transitioning station. MVPD’s address in the FCC’s Online (4) Content of PSAs or crawls. For sta- Public Inspection File (OPIF), if the tions relocating their ATSC 1.0 signals MVPD has an online file. For cable sys- or transitioning directly to ATSC 3.0, tems that do not have an online file, each PSA or crawl must provide all notices may be sent to the cable sys- pertinent information to consumers. tem’s official address of record pro- (h) Notice to MVPDs. (1) Next Gen TV vided in the system’s most recent filing stations relocating their ATSC 1.0 sig- in the FCC’s Cable Operations and Li- nals (e.g., moving to a temporary host censing System (COALS). For MVPDs station’s facilities, subsequently mov- with no official address in OPIF or ing to a different host, or returning to COALS, the letter must be sent to the its original facility) must provide no- MVPD’s official corporate address reg- tice to MVPDs that: istered with their State of incorpora- (i) No longer will be required to carry tion. the station’s ATSC 1.0 signal due to the [83 FR 5024, Feb. 2, 2018] relocation; or (ii) Carry and will continue to be ob- Subpart K—Application and Se- ligated to carry the station’s ATSC 1.0 lection Procedures for Re- signal from the new location. served Noncommercial Edu- (2) The notice required by this section must contain the following infor- cational Channels, and for mation: Certain Applications for Non- (i) Date and time of any ATSC 1.0 commercial Educational Sta- channel changes; tions on Non-Reserved Chan- (ii) The ATSC 1.0 channel occupied by nels the station before and after commencement of local simulcasting; SOURCE: 65 FR 36380, June 8, 2000, unless (iii) Modification, if any, to antenna otherwise noted. position, location, or power levels; (iv) Stream identification informa- § 73.7000 Definition of terms (as used tion; and in subpart K only). (v) Engineering staff contact infor- Attributable interest. An interest of an mation. applicant, its parent, subsidiaries, (3) If any of the information in para- their officers, and members of their graph (h)(2) of this section changes, an governing boards that would be cog- amended notification must be sent. nizable under the standards in the (4)(i) Next Gen TV stations must pro- notes to § 73.3555. Also an interest of an vide notice as required by this section: entity providing more than 33 percent

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of an applicant’s equity and/or debt On-air operations. Broadcast of pro- that also either (1) supplies more than gram material to the public pursuant 15% of the station’s weekly program- to Commission authority, generally be- ming, or (2) has an attributable inter- ginning with program test authority, est pursuant to § 73.3555 in media in the for periods of time that meet any re- same market. quired minimum operating schedule, Established local applicant. An appli- e.g., § 73.561(a). cant that has, for at least the two Population. The number of people cal- years (24 months) immediately pre- culated using the most recent census ceding application, met the definition block data provided by the United of local applicant. States Census Bureau. Local applicant. An applicant phys- Reservations. Any federally recog- ically headquartered, having a campus, nized Indian tribe’s reservation, pueblo or having 75% of board members resid- or colony, including former reserva- ing within 25 miles of the reference co- tions in Oklahoma, Alaska Native re- ordinates for the community to be gions established pursuant to the Alas- served, or a governmental entity with- ka Native Claims Settlements Act (85 in its area of jurisdiction. Stat. 688) and Indian allotments, for Near reservation lands. Those areas or which a Tribe exercises regulatory ju- communities adjacent or contiguous to risdiction. reservation or other Trust lands which Reserved channels. Channels reserved are designated by the Department of exclusively for noncommercial edu- Interior’s Commission of Indian Affairs upon recommendation of the Local Bu- cational use, whether by the portion of reau of Indian Affairs Superintendent, the spectrum in which they are located which recommendation shall be based (i.e. FM channels 200 to 220) or by a upon consultation with the tribal gov- case-by-case Commission allotment de- erning body of those reservations, as cision (channels that appear with an locales appropriate for the extension of asterisk designation in the FM Table of financial assistance and/or social serv- Allotments (§ 73.202) or TV Table of Al- ices on the basis of such general cri- lotments (§ 73.606)). teria as: Number of Indian people na- Tribe. Any Indian or Alaska Native tive to the reservation residing in the tribe, band, nation, pueblo, village or area; a written designation by the trib- community which is acknowledged by al governing body that members of the federal government to constitute a their tribe and family members who government-to-government relation- are Indian residing in the area, are so- ship with the United States and eligi- cially, culturally and economically af- ble for the programs and services es- filiated with their tribe and reserva- tablished by the United States for Indi- tion; geographical proximity of the ans. See The Federally Recognized Indian area to the reservation and administra- Tribe List Act of 1994 (Indian Tribe Act), tive feasibility of providing an ade- Public Law 103–454. 108 Stat. 4791 (1994) quate level of services to the area. (the Secretary of the Interior is re- Nonreserved (Unreserved) channels. quired to publish in the FEDERAL REG- Channels which are not reserved exclu- ISTER an annual list of all Indian sively for noncommercial educational Tribes which the Secretary recognizes use, and for which commercial entities to be eligible for the special programs could thus be eligible to operate full and services provided by the United power stations. Such channels appear States to Indians because of their sta- without an asterisk designation in the tus as Indians). FM Table of Allotments (§ 73.202) and Tribal applicant. (1) A Tribe or consor- TV Table of Allotments (§ 73.606). In the tium of Tribes, or event of a request to allocate a non- reserved channel as reserved pursuant (2) An entity that is 51 percent or to § 73.202(a) or § 73.606(a), the channel more owned or controlled by a Tribe or remains classified as nonreserved until Tribes that occupy Tribal Lands that release of a Commission decision receive Tribal Coverage. granting such request.

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Tribal coverage. (1) Coverage of a stations, as described in 47 U.S.C. Tribal Applicant’s or Tribal Appli- 397(6)(A) or 47 U.S.C. 397(6)(B). cants’ Tribal Lands by at least 50 per- (c) A point system will be used to cent of a facility’s 60 dBu (1 mV/m) evaluate mutually exclusive applica- contour, or tions for new television translator and (2) The facility’s 60 dBu (1 mV/m) low power television facilities, and for contour— major changes to existing facilities, (i) Covers 50 percent or more of a only when all of the mutually exclusive Tribal Applicant’s or Tribal Appli- applications are for noncommercial cants’ Tribal Lands, educational broadcast stations, as de- (ii) Serves at least 2,000 people living scribed in 47 U.S.C. 397(6)(B). on Tribal Lands, and (iii) The total population on Tribal [65 FR 36380, June 8, 2000, as amended at 68 FR 26229, May 15, 2003] Lands residing within the station’s service contour constitutes at least 50 § 73.7002 Fair distribution of service percent of the total covered popu- on reserved band FM channels. lation. In neither paragraphs (1) nor (2) of this definition may the applicant (a) If timely filed applications for full claim the priority if the proposed prin- service stations on reserved FM chan- cipal community contour would cover nels are determined to be mutually ex- more than 50 percent of the Tribal clusive, and will serve different com- Lands of a non-applicant Tribe. To the munities, the Commission will first de- extent that Tribal Lands include fee termine, as a threshold issue, whether lands not owned by Tribes or members grant of a particular application would of Tribes, the outer boundaries of such substantially further the fair distribu- lands shall delineate the coverage area, tion of service goals enunciated in sec- with no deduction of area for fee lands tion 307(b) of the Communications Act, not owned by Tribes or members of 47 U.S.C. 307(b). Tribes. (b) In an analysis performed pursuant Tribal lands. Both Reservations and to paragraph (a) of this section, a full- Near reservation lands. This definition service FM applicant that identifies includes American Indian Reservations itself as a Tribal Applicant, that pro- and Trust Lands, Tribal Jurisdiction poses Tribal Coverage, and that pro- Statistical Areas, Tribal Designated poses the first reserved channel NCE Statistical Areas, Hawaiian Home- service owned by any Tribal Applicant lands, and Alaska Native Village Sta- at a community of license located on tistical Areas, as well as the commu- Tribal Lands, will be awarded a con- nities situated on such lands. struction permit. If two or more full- [65 FR 36380, June 8, 2000, as amended at 66 service FM applicants identify them- FR 15356, Mar. 19, 2001; 75 FR 9807, Mar. 4, selves as Tribal Applicants and meet 2010; 76 FR 18953, Apr. 6, 2011] the above criteria, the applicant providing the most people with reserved § 73.7001 Services subject to evalua- channel NCE service to Tribal Lands tion by point system. will be awarded a construction permit, (a) A point system will be used to regardless of the magnitude of the su- evaluate mutually exclusive applica- perior service or the populations of the tions for new radio, television, and FM communities of license proposed, if dif- translator facilities, and for major ferent. If two or more full-service FM changes to existing facilities, on re- applicants identifying themselves as served channels. Tribal Applicants each meet the above (b) A point system will be used to criteria and propose identical levels of evaluate mutually exclusive applica- NCE aural service to Tribal Lands, tions for new radio, television, and FM only those applicants shall proceed to translator facilities, and for major be considered together in a point sys- changes to existing facilities, on non- tem analysis. In an analysis performed reserved channels, only when all of the pursuant to paragraph (a) of this sec- mutually exclusive applications are for tion that does not include a Tribal Ap- noncommercial educational broadcast plicant, a full service FM applicant

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that will provide the first or second re- (3) Effect a technical change that served channel noncommercial edu- would cause the facility to provide less cational (NCE) aural signal received by than full Tribal Coverage. at least 10% of the population within [65 FR 36380, June 8, 2000, as amended at 66 the station’s 60dBu (1mV/m) service FR 15356, Mar. 19, 2001; 75 FR 9807, Mar. 4, contours will be considered to substan- 2010] tially further fair distribution of service goals and to be superior to mutu- § 73.7003 Point system selection proce- ally exclusive applicants not proposing dures. that level of service, provided that (a) If timely filed applications for re- such service to fewer than 2,000 people served FM channels or reserved TV will be considered insignificant. First channels are determined to be mutu- service to 2,000 or more people will be ally exclusive, applications will be considered superior to second service processed and assessed points to deter- to a population of any size. If only one mine the tentative selectee for the par- applicant will provide such first or sec- ticular channels. The tentative selectee will be the applicant with the ond service, that applicant will be se- highest point total under the procedure lected as a threshold matter. If more set forth in this section, and will be than one applicant will provide an awarded the requested permit if the equivalent level (first or second) of Commission determines that an award NCE aural service, the size of the popu- will serve the public interest, conven- lation to receive such service from the ience, and necessity. mutually exclusive applicants will be (b) Based on information provided in compared. The applicant providing the each application, each applicant will be most people with the highest level of awarded a predetermined number of service will be awarded a construction points under the criteria listed: permit, if it will provide such service (1) Established local applicant. Three to 5,000 or more people than the next points for local applicants as defined in best applicant. If none of the appli- § 73.7000 who have been local continu- cants in a mutually exclusive group ously for no fewer than the two years would substantially further fair dis- (24 months) immediately prior to appli- tribution goals, all applicants will pro- cation, if the applicant’s own gov- ceed to examination under a point sys- erning documents (e.g. by-laws, con- tem. If two or more applicants will pro- stitution, or their equivalent) require vide the same level of service to an that such localism be maintained. equivalent number of people (differing (2) Local diversity of ownership. Two by less than 5,000), only those equiva- points for applicants with no attrib- lent applicants will be considered to- utable interests as defined in § 73.7000, gether in a point system. in any other broadcast station or au- (c) For a period of four years of on- thorized construction permit (com- air operations, an applicant receiving a paring radio to radio and television to decisive preference pursuant to this television) whose principal community (city grade) contour overlaps that of section is required to construct and op- the proposed station, if the applicant’s erate technical facilities substantially own governing documents (e.g. by-laws, as proposed and shall not downgrade constitution, or their equivalent) re- service to the area on which the pref- quire that such diversity be main- erence was based. Additionally, for a tained. The principal community (city period beginning from the award of a grade) contour is the 5 mV/m for AM construction permit through four years stations, the 3.16 mV/m for FM stations of on-air operations, a Tribal Applicant calculated in accordance with receiving a decisive preference pursu- § 73.313(c), and the contour identified in ant to this section may not: § 73.685(a) for TV. Radio applicants will (1) Assign or transfer the authoriza- count commercial and noncommercial tion except to another party that AM, FM, and FM translator stations qualifies as a Tribal Applicant; other than fill-in stations. Television (2) Change the facility’s community applicants will count UHF, VHF, and of license; or Class A stations.

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(3) State-wide network. Two points for (1) Each applicant’s number of attrib- an applicant that does not qualify for utable existing authorizations (licenses the credit for local diversity of owner- and construction permits, commercial ship, if it is: and noncommercial) in the same serv- (i) An entity, public or private, with ice (radio or television) nationally, as authority over a minimum of 50 accred- of the time of application shall be com- ited full-time elementary and/or sec- pared, and the applicant with the few- ondary schools within a single state, est authorizations will be chosen as encompassed by the combined primary tentative selectee. Radio applicants service contours of the proposed sta- will count commercial and non- tion and its existing station(s), if the commercial AM, FM, and FM trans- existing station(s) are regularly pro- lator stations other than fill-in sta- viding programming to the schools in tions. Television applicants will count furtherance of the school curriculum UHF, VHF, and Class A stations. and the proposed station will increase (2) If a tie remains after the tie the number of schools it will regularly breaker in paragraph (c)(1) of this sec- serve; or tion, the tentative selectee will be the (ii) An accredited public or private remaining applicant with the fewest institution of higher learning with a pending new and major change applica- minimum of five full time campuses tions in the same service at the time of within a single state encompassed by filing; the combined primary service contours (3) If a tie remains after the tie of the proposed station and its existing breaker in paragraph (c)(2) of this sec- station(s), if the existing station(s) are tion, each of the remaining applicants regularly providing programming to will be identified as a tentative se- campuses in furtherance of their cur- lectee, with the time divided equally riculum and the proposed station will among them. increase the number of campuses it (d) Settlements. At any time during will regularly serve; or this process, the applicants may advise (iii) An organization, public or pri- the Commission that they are negoti- vate, with or without direct authority ating or have reached settlement, and over schools, that will regularly pro- the Commission will withhold further vide programming for and in coordina- comparative processing for a reason- tion with an entity described in para- able period upon such notification. Set- graph (b)(3) (i) or (ii) of this section for tlement may include an agreement to use in the school curriculum. share time on the channel voluntarily (iv) No entity may claim both the di- or other arrangement in compliance versity credit and the state-wide net- with Commission rules. Parties to a work credit in any particular applica- settlement shall comply with § 73.3525, tion. limiting any monetary payment to the (4) Technical parameters. One point to applicant’s reasonable and prudent ex- the applicant covering the largest geo- penses. graphic area and population with its (e) For applications filed after April relevant contour (60 dBu for FM and 21, 2000, an applicant’s maximum quali- Grade B for TV), provided that the ap- fications are established at the time of plicant covers both a ten percent great- application and will be reduced for any er area and a ten percent greater popu- post-application changes that nega- lation than the applicant with the next tively affect any evaluation criterion. best technical proposal. The top appli- (f) For applications filed on or before cant will receive two points instead of April 21, 2000, an applicant’s maximum one point if its technical proposal cov- qualifications are established as of the ers both a 25 percent greater area and relevant date listed in paragraph (f)(1), 25 percent greater population than the (2), or (3) of this section. After the rel- next best technical proposal.) evant date for determining an appli- (c) If the best qualified (highest scor- cant’s maximum points, points will be ing) two or more applicants have the reduced for any changes that nega- same point accumulation, the ten- tively affect any evaluation criterion. tative selectee will be determined by a Applicants will establish their quali- tie-breaker mechanism as follows: fications according to the following:

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(1) If the applicant is in a group for for filing replies shall be 5 days from which a ‘‘B’’ cut-off notice issued prior the filing date for oppositions. to April 21, 2000 its maximum non-tech- (d) If the Commission denies or dis- nical qualifications are established as misses all petitions to deny, if any are of the date by which applicants must filed, and is otherwise satisfied that an supplement their applications to sup- applicant is qualified, the application ply point information, and its max- will be granted. If the Commission de- imum technical qualifications are es- termines that the points originally tablished as of the date of the ‘‘B’’ cut- claimed were higher than permitted, off notice; but that there is no substantial and (2) If the applicant is in a group for material question of fact of applicant which an ‘‘A’’ cut-off notice issued qualifications, it will compare the re- prior to April 21, 2000 but for which no vised point tally of the tentative se- ‘‘B’’ cut-off notice issued, its maximum lectee to the other mutually exclusive non-technical qualifications are estab- applicants and, either grant the origi- lished as of the date by which appli- nal application or announce a new ten- cants must supplement their applica- tative selectee, as appropriate. If an tions to supply point information, and applicant is found unqualified, the ap- its maximum technical qualifications plication shall be denied, and the appli- are established as of April 21, 2000; cant(s) with the next highest point (3) If the applicant was neither placed tally named as the new tentative se- on an ‘‘A’’ cut-off list prior to April 21, lectee. 2000 nor filed in response to such an ‘‘A’’ cut-off list, it is subject to com- § 73.7005 Holding period. petition from applications filed within (a) Assignments/Transfers. NCE sta- the first filing window, and its max- tions awarded by use of the point sys- imum technical and non-technical tem in § 73.7003 shall be subject to a qualifications will be determined as of holding period. From the grant of the the close of the first filing window. construction permit and continuing [65 FR 36380, June 8, 2000, as amended at 66 until the facility has achieved four FR 15356, Mar. 19, 2001] years of on-air operations, an applicant proposing to assign or transfer the con- § 73.7004 Petitions to deny tentative struction permit/license to another selectee(s). party will be required to demonstrate (a) For mutually exclusive applicants the following two factors: that the pro- subject to the selection procedures in posed buyer would qualify for the same subpart K of this part, Petitions to number of or greater points as the as- Deny will be accepted only against the signor or transferor originally re- tentative selectee(s). ceived; and that consideration received (b) Within thirty (30) days following and/or promised does not exceed the as- the issuance of a public notice an- signor’s or transferor’s legitimate and nouncing the tentative selection of an prudent expenses. For purposes of this applicant through fair distribution section, legitimate and prudent ex- (§ 73.7002) or point system (§ 73.7003) pro- penses are those expenses reasonably cedures, petitions to deny that applica- incurred by the assignor or transferor tion may be filed. Any such petitions in obtaining and constructing the sta- must contain allegations of fact sup- tion (e.g. expenses in preparing an ap- ported by affidavit of a person or per- plication, in obtaining and installing sons with personal knowledge thereof. broadcast equipment to be assigned or (c) An applicant may file an opposi- transferred, etc.). Costs incurred in option to any petition to deny, and the erating the station are not recoverable petitioner a reply to such opposition. (e.g., rent, salaries, utilities, music li- Allegations of fact or denials thereof censing fees, etc.). Any successive ap- must be supported by affidavit of a per- plicants proposing to assign or transfer son or persons with personal knowledge the construction permit/license prior thereof. The time for filing such oppo- to the end of the aforementioned hold- sitions shall be 10 days from the filing ing period will be required to make the date for petitions to deny, and the time same demonstrations.

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(b) Technical. In accordance with the ard: Part 5—AC–3 Audio System Char- provisions of § 73.7002, an NCE applicant acteristic,’’ (July 6, 2010), as listed receiving a decisive preference for fair below: distribution of service is required to (i) A/53, Part 1:2007, ‘‘Digital Tele- construct and operate technical facili- vision System’’ (January 3, 2007), IBR ties substantially as proposed, and can approved for § 73.682. not downgrade service to the area on (ii) A/53, Part 2:2007, ‘‘RF/Trans- which the preference is based for a pe- mission System Characteristics’’ (Jan- riod of four years of on-air operations. uary 3, 2007), IBR approved for § 73.682. (c) The holding period in this section does not apply to construction permits (iii) A/53, Part 3:2007, ‘‘Service Multi- that are awarded on a non-comparative plex and Transport Subsystem Charac- basis, such as those awarded to non- teristics’’ (January 3, 2007), IBR ap- mutually exclusive applicants or proved for § 73.682. through settlement. (iv) A/53, Part 4:2007, ‘‘MPEG–2 Video System Characteristics’’ (January 3, Subpart L—Incorporated 2007), IBR approved for § 73.682, except Standards for § 6.1.2 of A/53 Part 4: 2007, and the phrase ‘‘see Table 6.2’’ in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3. SOURCE: 76 FR 62642, Oct. 11, 2011, unless otherwise noted. (v) A/53, Part 5: 2010, ‘‘AC–3 Audio System Characteristics’’ (July 6, 2010), § 73.8000 Incorporation by reference. IBR approved for § 73.682. (a) The materials listed in this sec- (vi) A/53, Part 6:2007, ‘‘Enhanced AC– tion are incorporated by reference in 3 Audio System Characteristics’’ (Jan- this part. These incorporations by ref- uary 3, 2007), IBR approved for § 73.682. erence were approved by the Director (3) [Reserved] of the Federal Register in accordance (4) ATSC A/65C: ‘‘ATSC Program and with 5 U.S.C. 552(a) and 1 CFR part 51. System Information Protocol for Ter- These materials are incorporated as restrial Broadcast and Cable, Revision they exist on the date of the approval, C With Amendment No. 1 dated May 9, and notice of any change in these ma- 2006,’’ (January 2, 2006), IBR approved terials will be published in the FED- for §§ 73.682. ERAL REGISTER. The materials are available for inspection at the Federal (5) ATSC A/85:2013 ‘‘ATSC Rec- Communications Commission (FCC), ommended Practice: Techniques for Es- 445 12th St., SW., Reference Informa- tablishing and Maintaining Audio tion Center, Room CY–A257, Wash- Loudness for Digital Television,’’ ington, DC 20554 and at the National (March 12, 2013) (‘‘ATSC A/85 RP’’), IBR Archives and Records Administration approved for § 73.682. (NARA). For information on the avail- (6) ATSC A/321:2016, ‘‘System Dis- ability of this material at NARA, call covery and Signaling’’ (March 23, 2016), 202–741–6030, or go to: http:// IBR approved for § 73.682. www.archives.gov/federallregister/ (7) ATSC A/322:2017 ‘‘Physical Layer codeloflfederallregulations/ Protocol’’ (June 6, 2017), IBR approved ibrllocations.html. for § 73.682. (b) The following materials are avail- (c) [Reserved] able from Advanced Television Sys- (d) The following materials are avail- tems Committee (ATSC), 1776 K Street NW., 8th Floor, Washington, DC 20006; able at the FCC, 445 12th St., SW., Ref- or at the ATSC Web site: http:// erence Information Center, Room CY– www.atsc.org/standards.html. A257, Washington, DC 20554, or at the (1) ATSC A/52: ‘‘ATSC Standard Dig- FCC’s Office of Engineering and Tech- ital Audio Compression (AC–3),’’ 1995, nology (OET) Web site: http:// IBR approved for § 73.682. www.fcc.gov/oet/info/documents/bulletins/. (2) ATSC A/53 Parts 1–4 and 6: 2007 (1) OET Bulletin No. 69: ‘‘Longley- ‘‘ATSC Digital Television Standard,’’ Rice Methodology for Evaluating TV (January 3, 2007) and ATSC A/53 Part 5: Coverage and Interference’’ (February 2010 ‘‘ATSC Digital Television Stand- 6, 2004), IBR approved for § 73.616.

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(2) [Reserved] RULES APPLY TO ALL SERVICES, AM, FM, AND [76 FR 62642, Oct. 11, 2011, as amended at 76 TV, UNLESS INDICATED AS PERTAINING TO A FR 55604, Sept. 8, 2011; 77 FR 40299, July 9, SPECIFIC SERVICE—Continued 2012; 79 FR 51113, Aug. 27, 2014; 83 FR 5026, [Policies of FCC are indicated (*)] Feb. 2, 2018] Matter of right ...... 73.3522 Procedures ...... 73.3513 Ammeters, antenna and common 73.57 ALPHABETICAL INDEX—PART 73 point, Remote reading (AM). Announcements required— RULES APPLY TO ALL SERVICES, AM, FM, AND Designation of application for 73.3594 TV, UNLESS INDICATED AS PERTAINING TO A hearing. Donor ...... 73.503, 73.621, SPECIFIC SERVICE 73.1212 [Policies of FCC are indicated (*)] Filing of broadcast applica- 73.3580 A tions. Sponsorship ...... 73.1212 Acceptability of broadcast transmitters 73.1660 Station I.D ...... 73.1201 Access, Prime time (TV) ...... 73.658 Antenna base fences, (AM) ...... 73.49 Action on applications ...... 73.3591–73.3605 Antenna, directional, Field measure- 73.61 Adjacent channel and co-channel sta- ments (AM). tions, Minimum mileage, separation Antenna, directional, Field strength 73.151 between— measurements to establish perform- FM ...... 73.207 ance of (AM). NCE-FM ...... 73.507 Antenna height and Power require- Administrative changes in authoriza- ments— tions— FM ...... 73.211 FM ...... 73.212 NCE-FM ...... 73.511 TV ...... 73.615 TV ...... 73.614 Advertising— Antenna heights, Minimum, or field 73.189 Refusal to sell ...... 73.4005 (*) strength requirements (AM). Sponsorship identification ...... 73.1212 Antenna monitors (AM) ...... 73.69 See also ‘‘Commer- Antenna monitors, Requirements for 73.53 cial’’ listings. authorization of (AM). Affiliation agreements and network 73.658 Antenna monitors, Sampling system 73.68 program practices; territorial exclu- for (AM). sivity in non-network program ar- Antenna resistance and reactance; 73.54 rangements (TV). measurements (AM). Affiliation agreements, Networks/sta- Antenna site, Use of common— tions FM ...... 73.239 AM ...... 73.132, 73.3613, TV ...... 73.635 73.4154 (*) Antenna testing during daytime (AM) .. 73.157 FM ...... 73.232, 73.3613, Antenna structure, marking and light- 73.1213 73.4154 (*) ing. TV ...... 73.658, 73.3613 Antenna system tolerances, Directional 73.62 Agreement, United States-Mexico FM 73.504 (AM). broadcast, Channel assignments Antenna system; Transmitter location 73.685 under (NCE-FM). (TV). Agreements, International broad- 73.1650 Antenna systems— casting. AM ...... 73.45 Alarm and monitoring points, Auto- FM ...... 73.316 matic transmission system— NCE-FM ...... 73.510 AM ...... 73.146 TV ...... 73.685 FM ...... 73.346 Antenna systems, Directional (AM) ..... 73.150 NCE-FM ...... 73.546 Antennas, Auxiliary ...... 73.1675 Allocation, Engineering standards of 73.182 Antennas, Emergency ...... 73.1680 (AM). Application and report forms ...... 73.3500 Allocation, Field strength measure- 73.186 Applications— ments in; establishment of effective Acceptance ...... 73.3564 field at one mile (AM). Agreements for Conflict re- 73.3525 Allotments, Table of (FM) ...... 73.202 moval. AM antenna systems ...... 73.45 AM station processing ...... 73.3571 AM broadcast channels, Classes of .... 73.21, 73.23, 73.25, Amendment of ...... 73.3522 73.26, 73.27, AM and FM construction per- 73.4015 (*) 73.29 mits, incomplete or defec- AM definitions ...... 73.14 tive. AM directional antenna field measure- 73.61 Amendments, renewal and 73.3578 ments. assignment or transfer of AM: Scope of subpart ...... 73.1 control. AM stereophonic broadcasting ...... 73.128 Assign or transfer unbuilt fa- 73.3535 AM transmission system emission limi- 73.44 cility. tations. Assignment, Involuntary ...... 73.3540 AM transmission system fencing re- 73.49 Assignment, Voluntary ...... 73.3540 quirements. Call signs ...... 73.3550 Amendments— Conflicting ...... 73.3518 Major/minor: Renewal, as- 73.3578 Conflicts: other North Amer- 73.3570 signment, transfer. ican countries. 422

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Commission action required .. 73.3561 TV, LPTV, translator and TV 73.3572 Commission action not re- 73.3562 booster processing. quired. Unbuilt facilities: modify, as- 73.3535 Construction period ...... 73.3598 sign or transfer. Construction permit extension 73.3534 Use of former main antenna 73.3534 Construction permit forfeiture 73.3599 as auxiliary. Contingent applications ...... 73.3517 Waiver procedure ...... 73.3603 Content ...... 73.3514 Applications for broadcast facilities, 73.37 Copies, number of; when to 73.3512 showing required (AM). file. Assignment, FM Increasing availability 73.4107 (*) Defective ...... 73.3566 of. Designation for hearing ...... 73.3593 Assignment of stations to channels 73.28 Designation for hearing, pub- 73.3594 (AM). lic notice. Assignment policies and procedures, 73.4104 (*) Dismissal ...... 73.3568 FM. Emergency authorization ...... 73.3542 Assignments, Table of— Existing station changes ...... 73.3538 FM ...... 73.202 Facilities specifications ...... 73.3516 NCE-FM ...... 73.501 Filing location; number of 73.3512 TV ...... 73.606 copies. Assignments, Channel, under the 73.504 FM, FM translator processing 73.3573 United States-Mexico—FM Broad- FM stations, Commercial ...... 73.4017 (*) cast Agreement (NCE-FM). Forfeiture, construction permit 73.3599 ATS-Automatic transmission system ... 73.1500 Formal; informal ...... 73.3511 Attacks, Personal ...... 73.1920 Grant, Conditional ...... 73.3592 Aural and visual TV transmitters, Op- 73.653 Grants without hearing ...... 73.3591 eration of. Hearing designation ...... 73.3593 Aural baseband subcarriers, TV ...... 73.665 Hearing status retention ...... 73.3605 Authorization of antenna monitors, Re- 73.53 Inconsistent ...... 73.3518 quirements for. Informal; Formal ...... 73.3511 Authorization, Administrative changes International station proc- 73.3574 in— essing. FM ...... 73.212 License ...... 73.3536 TV ...... 73.615 Modification and simulta- 73.3601 Authorizations, Experimental ...... 73.1510 neous renewal of license. Authorizations, Remote Control ...... 73.1400 Modify authorized-unbuilt fa- 73.3535 Authorizations, Special Field test ...... 73.1515 cility. Authorizations, Special temporary 73.1635 Modified station license ...... 73.3544 (STA). Multiple ...... 73.3520 Automatic transmission system (ATS) 73.1500 Mutually exclusive applica- 73.3521 Auxiliary antennas ...... 73.1675 tions for LPTV and TV Auxiliary transmitters ...... 73.1670 translator and booster sta- Availability of channels— tions. FM ...... 73.203 Objections, informal, Filing of 73.3587 TV ...... 73.607 Operation during repair of de- 73.3549 Availability to FCC of station logs and 73.1226 fective, required equipment. records. Petitions to deny ...... 73.3584 Program delivery to foreign 73.3545 B stations. Barter agreements ...... 73.4045 (*) Public notice, Designation for 73.3594 Baseband subcarriers, Aural, TV ...... 73.665 hearing. Blanketing interference— Public notice of filing ...... 73.3580 AM ...... 73.88 Renewal ...... 73.3539 FM ...... 73.318 Renewal and simultaneous 73.3601 Broadcast channels and stations, 73.21, 73.22, 73.25, modification of license. Classes of (AM). 73.26, 73.27, Repetitious ...... 73.3519 73.29 Replacement of construction 73.3534 Broadcast day (definition) ...... 73.1700 permit. Broadcast facilities authorizations; 73.24 Rounding of nominal power 73.31 showing required (AM). on (AM). Broadcast facilities, showing required 73.37 Signing of ...... 73.3513 for applications (AM). Special service authorizations 73.3543 Broadcast of FAA communications ...... 73.4102 (*) Specification of facilities ...... 73.3516 Broadcast of lottery information ...... 73.1211 Temporary authorization ...... 73.3542 Broadcast of taped, filmed or recorded 73.1208 Transfer and assignment pro- 73.3597 material. cedures. Broadcast of telephone conversation .. 73.1206 Transfer of control, Involun- 73.3541 Broadcast transmitters, Acceptability of 73.1660 tary. Broadcasting agreements, Inter- 73.1650 Transfer of control, Voluntary 73.3540 national. Transfer or assign unbuilt fa- 73.3535 Broadcasting emergency information .. 73.1250 cility. Broadcasting, Stereophonic— 423

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] FM ...... 73.297 FM ...... 73.239 NCE-FM ...... 73.596 TV ...... 73.635 Broadcasts by candidates for public of- 73.1940 Common point, and antenna amme- 73.57 fice. ters, Remote reading (AM). Communications services, Sub- C sidiary— Call letters—requests and assign- 73.3550 FM ...... 73.295 ments. NCE-FM ...... 73.593 Candidates for public office, Broadcast 73.1940 TV ...... 73.667 by. Comparative broadcast hearings—spe- 73.4082 Carrier frequency departure tolerances 73.1545 cialized formats(*). Carrier frequency measurements ...... 73.1540 Computation of interfering signal (AM) 73.185 Certification of financial qualifications .. 73.4099(*) Computations, Reference points and Changes in authorizations, Administra- distance— tive— FM ...... 73.208 FM ...... 73.212 TV ...... 73.611 TV ...... 73.615 Construction Near or Installation On 73.1692 Channel assignments under the United 73.504 an AM Tower. States-Mexico Broadcast Agreement Construction period ...... 73.3598 (NCE-FM). Construction permit, forfeited ...... 73.3599 Channels and stations, Classes of AM 73.21, 73.22, 73.25, Contests, License-Conducted ...... 73.1216 Broadcast. 73.26, 73.27, Contours, Field strength— 73.29 FM ...... 73.311 Channel 6 Protection (NCE-FM) ...... 73.525 TV ...... 73.683 Channels, Assignment of stations to 73.28 Contracts, Filing of ...... 73.3613 (AM). Coverage, Prediction of— Channels available for assignment 73.501 FM ...... 73.313 (NCE-FM). TV ...... 73.684 Channels, Availability of— Cross reference to rules in other Parts 73.1010 FM ...... 73.203 TV ...... 73.607 D Channels, Classes of Educational, and 73.506 Day, Broadcast (definition) ...... 73.1700 stations operating thereon. Daylight Savings time ...... 73.1209 Channels, FM broadcast, Numerical 73.201 Daytime (definition) ...... 73.1720 designation of. Daytime radiation, Limitation on (AM) 73.187 Channels, Restriction on use of (FM) .. 73.220 Definitions, Subscription TV ...... 73.641 Channels, TV, Numerical designation 73.603 Definitions, Technical— of. AM ...... 73.14 Channels, unreserved, Noncommercial 73.513 FM ...... 73.310 educational broadcast stations, op- TV ...... 73.681 erating on (NCE-FM). Deny, Petitions to ...... 73.3584 Character evaluation of broadcast ap- 73.4280 (*) Determining operating power— plicants. AM ...... 73.51 Charts, Engineering— FM ...... 73.267 AM ...... 73.190 NCE-FM ...... 73.567 FM ...... 73.333 TV ...... 73.663 TV ...... 73.699 Direct broadcast satellites ...... 73.4091 (*) Charts, Groundwave field strength 73.184 Directional antenna field measure- 73.61 (AM). ments (AM). Chief operators ...... 73.1870 Directional antenna system tolerances 73.62 Children’s TV programs ...... 73.4050 (*) (AM). Cigarette advertising ...... 73.4055 (*) Directional antennas, Field strength 73.151 Citizen agreements ...... 73.4060 (*) measurements to establish perform- Classes of AM broadcast channels 73.21, 73.22, 73.25, ance of (AM). and stations. 73.26, 73.27, Directional antenna data, Modification 73.152 73.29 of (AM). Classes of noncommercial educational 73.506 Directional antenna monitoring points 73.158 FM Stations and channels. (AM). Classes of stations; power and an- 73.211 Directional antenna systems (AM) ...... 73.150 tenna height requirements. Discontinuance of operation ...... 73.1750 Classified ads ...... 73.1212 Distance and Reference points, com- Co-channel and adjacent channel sta- putations of— tions, Minimum separation— FM ...... 73.208 FM ...... 73.207 TV ...... 73.611 NCE-FM ...... 73.507 Distance separations, Minimum, be- Combination advertising rates; joint 73.4065 (*) tween stations— sales practices. FM ...... 73.207 Commercials Loud ...... 73.4075 (*) NCE-FM ...... 73.507 See Also ‘‘Advertising’’ list- TV ...... 73.610 ings. Distress sales and tax certificates, Mi- 73.4140* Common antenna site, use of— nority ownership. 424

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Doctrine, Fairness ...... 73.1910 TV ...... 73.683 Dolbey encoder ...... 73.4094 (*) Field strength measurements: estab- 73.186 Donor announcements (NCE-FM) ...... 73.503 lishment of effective field. Double billing ...... 73.1205 Field strength measurements— Drug lyrics ...... 73.4095 (*) FM ...... 73.314 Dual-language broadcasting in Puerto 73.1210 TV ...... 73.686 Rico, TV/FM. Field strength measurements in sup- 73.153 E port of applications or evidence at hearing (AM). EAS (Emergency Alert System ...... 11.1–11.62 EAS signal test-automated systems .... 73.4097(*) Field strength measurements to estab- 73.151 Editorials, Political ...... 73.1930 lish performance of directional an- Educational, Noncommercial FM sta- 73.513 tennas (AM). tions on unreserved channels (NCE- Field strength requirements or, Min- 73.189 FM). imum antenna heights (AM). Educational stations, Noncommercial 73.621 Field test authorizations, Special ...... 73.1515 (TV). File, Political ...... 73.1940 Effective field at one kilometer, Estab- 73.186 File, Public ...... 73.3526–73.3527 lishment of (AM). Filing of applications ...... 73.3511–73.3550 Emergency antennas ...... 73.1680 Filing of contracts ...... 73.3613 Emergency Broadcast System (EBS) .. 73.901–73.962 Filmed, taped, or recorded material; 73.1208 Emergency Alert System (EAS) ...... 11.1–11.62 Broadcast of. Emission limitations, AM transmission 73.44 Financial qualifications— system. AM and FM ...... 73.4100 (*) Employment opportunities, Equal ...... 73.2080 TV ...... 73.4101 (*) Employment report ...... 73.3612 Financial qualifications, Cer- 73.4099(*) Engineering charts— tification of. AM ...... 73.190 FM assignments, increasing 73.4107 (*) FM ...... 73.333 availability. TV ...... 73.699 Foreign broadcast stations—Permits to 73.3545 Engineering standards of allocation 73.182 furnish programs. (AM). Forfeitures ...... 1.80 Engineering, Standards of good prac- 73.508 Format changes of stations ...... 73.4110 (*) tice NCR-FM. Forms, Application and report ...... 73.3500 Equal employment opportunities ...... 73.2080 FM and AM programming, Duplication 73.242 Equipment performance measure- 73.1590 of. ments. FM assignment policies and proce- 73.4104 (*) Equipment tests ...... 73.1610 dures. Establishment of effective field at one 73.186 FM broadcast channels, Numerical 73.201 kilometer (AM). designation of. Evaluation of broadcast applicant char- 73.4280 (*) FM multiplex subcarriers, Use of ...... 73.293 acter. FM multiplex subcarriers transmission 73.319 Exclusivity, Territorial (Network)— technical standards. AM ...... 73.132 FM subsidiary communications serv- 73.295 FM ...... 73.232 TV ...... 73.658 ices. Experimental authorizations ...... 73.1510 Communication services ...... 73.295 Experimental period, Operating during 73.72 FM transmitter site map submissions .. 73.4108 the (AM). FM/TV dual-language broadcasting in 73.1210 Extension meters ...... 73.1550 Puerto Rico. Frequency measurement, Carrier ...... 73.1540 F Frequency departure tolerances, Car- 73.1545 FAA communications, Broadcast of ..... 73.4102 (*) rier. Facilities, Automatic transmission sys- G tem— AM ...... 73.142 General operating requirements (Sub- 73.643 FM ...... 73.342 scription TV). NCE-FM ...... 73.542 General requirements for type ap- 73.692 Facilities authorizations; Broadcast; 73.24 proval of modulation monitors (TV). showing required (AM). General requirements relating to logs 73.1800 Fairness Doctrine ...... 73.1910 Grants— FCC Policies ...... 73.4000 (*) Conditional ...... 73.3592 FCC, Station inspections by ...... 73.1225 Without hearing ...... 73.3591 Fencing requirements, AM trans- 73.49 Groundwave field strength charts (AM) 73.184 mission system. Groundwave signals (AM) ...... 73.183 Fencing requirements, AM stations ..... 73.49 Field measurements, AM directional 73.61 H antenna. Hard Look Deficiencies and Amend- 73.3522(a)(6) Field strength charts, Groundwave 73.184 ments (as modified) (FM). (AM). Hearings, Designation of applications 73.3593 Field strength contours— for. FM ...... 73.311 Hours, Specified ...... 73.1730 425

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Frequency tolerance ...... 73.1545 I Antenna structure marking 73.1213 Identification, Sponsorship; list reten- 73.1212 and lighting. tion, related requirements. Discontinuance of operation .. 73.1750 Identification, Station ...... 73.1201 Logs ...... 73.781 Indicating instruments (requirements Retention of logs ...... 73.782 for)— Logs, by whom kept ...... 73.1800 AM ...... 73.58 Log form ...... 73.1800 FM ...... 73.258 Log corrections ...... 73.1800 NCE-FM ...... 73.558 Station identification ...... 73.787 TV ...... 73.688 Service; Commercial or spon- 73.788 Indicating instruments—specifications 73.1215 sored programs. (meters). Sponsorship identification ...... 73.1212 Information available on the Internet ... 73.3617 Rebroadcasts ...... 73.1207 Information, Broadcasting emergency 73.1250 Equal employment opportuni- 73.2080 Input power, Antenna; how determined 73.51 ties. (AM). International broadcasting agreements 73.1650 Inspection of program logs, Public ...... 73.1850 Inspections, Station, by FCC ...... 73.1225 L Inspections, Transmission system ...... 73.1580 Letters received from the public, Re- 73.1202 Installation On or Construction Near 73.1692 tention of. an AM Tower. License period, Station ...... 73.1020 Instruments, Indicating (requirements Licensee-conducted contests ...... 73.1216 for)— Licenses, station and operator, Posting 73.1250 AM ...... 73.58 of. FM ...... 73.258 Licensing, Acceptability of broadcast 73.640 NCE-FM ...... 73.558 transmitters for (TV). TV ...... 73.688 Licensing by lottery or random selec- 1.1601–1.1623, Instruments, indicating—specifications 73.1215 tion. 73.3572, 73.3584, (meters). 73.3597 Interference, Blanketing— Licensing policies (Subscription TV) .... 73.642 AM ...... 73.88 Licensing requirements and service 73.503 FM ...... 73.318 (NCE-FM). Interference, Protection from— Lighting and marking, Antenna struc- 73.1213 FM ...... 73.209 ture. NCE-FM ...... 73.509 Limitation on daytime radiation (AM) ... 73.187 TV ...... 73.612 Limited time ...... 73.1725 Interference to Astronomy, Research 73.1030 Lists retention; Sponsorship identifica- 73.1212 and Receiving installations, Notifica- tion; related requirements. tions concerning. Location of transmitter— Interfering signal, Computation of (AM) 73.185 FM ...... 73.315 International Broadcast stations ...... 73.701–73.793 TV ...... 73.685 Definitions ...... 73.701 Location, Station ...... 73.1120 Assignment and use of fre- 73.702 Location, Transmitter and antenna 73.685 quencies. system (TV). Geographical zones and 73.703 Logs— areas of reception. General requirements related 73.1800 Notification of filing of applica- 73.1030 to the station. tions. Station ...... 73.1820 Equipment tests ...... 73.712 Program ...... 73.1810 Program tests ...... 73.713 Program, Public inspection of 73.1850 Licensing requirements ...... 73.731 Retention of ...... 73.1840 Authorizations ...... 73.732 Logs and records, Availability to FCC 73.1226 Normal license period ...... 73.733 Lottery or random selection licensing .. 1.1601–1.1623, Operating power ...... 73.751 73.3572, 73.3584, Antenna systems ...... 73.753 73.3597 Frequency monitors ...... 73.754 Lottery information, Broadcast of ...... 73.1211 Modulation monitors ...... 73.755 Transmission system require- 73.756 M ments. Main transmitters ...... 73.1665 Auxiliary transmitters ...... 73.757 Maintenance and tests, Operation for 73.1520 Alternate main transmitters .... 73.758 Marking and Lighting, Antenna struc- 73.1213 Modification of transmission 73.759 ture. systems. Measurements, Antenna resistance 73.54 Time of operation ...... 73.761 and reactance (AM). Station inspection ...... 73.1225 Measurements, Carrier frequency ...... 73.1540 Station license and seasonal 73.1230 Measurements, Equipment perform- 73.1590 schedules, posting of. ance. International broadcast station 73.764 Measurements, Field strength, for es- 73.186 operator requirements. tablishment of effective field at one Determining operating power 73.765 mile. (AM). Modulation and bandwidth ..... 73.766 426

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Measurements, Field strength in sup- 73.153 Network/AM and FM station affiliation 73.4154 (*) port of applications or evidence at agreements. hearings (AM). Network signals—adversely affecting 73.4157 (*) Measurements, Field strength— affiliate service. FM ...... 73.314 Network/station affiliation agree- TV ...... 73.686 ments— Measurements, Field strength, to es- 73.151 AM ...... 73.132, 73.3613, tablish performance of directional 73.4154 (*) antennas (AM). FM ...... 73.232, 73.3613, Measurements, Equipment perform- 73.1590 73.4154 (*) ance. TV ...... 73.658, 73.3613 Meters, Extension ...... 73.1550 Network syndication ...... 73.658 Meters—specifications ...... 73.1215 (Network), Territorial exclusivity— Mexican/U.S. Agreement ...... 73.3570 AM ...... 73.132 Mexico—U.S. FM Broadcast Agree- 73.504 FM ...... 73.232 ment, Channel Assignment under TV ...... 73.658 (NCE-FM). Nighttime service areas, Class II and 73.4160 (*) Minimum antenna heights or field 73.189 III AM Stations; computation. strength requirements (AM). Nominal Power, Rounding of (AM) ...... 73.31 Minimum filing requirement (FM) ...... 73.3564(a) Noncommercial educational channel 73.504 Minimum operating schedule ...... 73.1740 assignments under the United Minimum separations between sta- States-Mexico FM Broadcast Agree- tions— ment. FM ...... 73.207 Noncommercial educational FM sta- 73.506 NCE-FM ...... 73.507 tions and channels. TV ...... 73.610 Noncommercial educational FM sta- 73.513 Minimum separation, Stations at 73.213 tions operating on unreserved chan- spacings below (FM). nels. Minority ownership; tax certificates and 73.4140 (*) Noncommercial educational stations 73.621 distress sales. Misrepresentation in advertising bill- 73.1205 (TV). ings. Noncommercial nature—educational 73.4163 (*) Mode and Operating power tolerances 73.1560 broadcast stations. Modification of directional antenna 73.152 Notifications concerning interference to 73.1030 data (AM). Radio Astronomy, Research and Modification of facilities, Operation dur- 73.1615 Receiving installations. ing. Numerical designation of FM broad- 73.201 Modification of transmission systems .. 73.1690 cast channels. Modulation levels, AM, FM, and TV 73.1570 Numerical designation of TV channels 73.603 aural. O Modulation monitoring equipment, Vis- 73.691 ual. Objections (informal) to applications .... 73.3587 Monitoring and alarm points, Auto- Obscene language ...... 73.4165 (*) matic transmission system— Obscene lyrics ...... 73.4170 (*) AM ...... 73.146 Operating during the experimental pe- 73.72 FM ...... 73.346 riod (AM). NCE-FM ...... 73.546 Operating on unreserved channels, 73.513 Monitoring equipment, Visual modula- 73.691 Noncommercial educational broad- tion. cast stations (NCE-FM). Monitoring point locations ...... 73.158 Operating power, Determining— Monitors, Antenna (AM) ...... 73.69 AM ...... 73.51 Monitors, antenna, Requirements for 73.53 FM ...... 73.267 authorization of (AM). NCE-FM ...... 73.567 Monitors, antenna, Sampling system 73.68 TV ...... 73.663 for (AM). Operating power and mode tolerances 73.1560 Multiple ownership ...... 73.3555 Operating requirements, General (Sub- 73.643 Multiplex subcarrier trans- 73.319 scription TV operations). mission technical stand- Operating schedule, Minimum ...... 73.1740 ards, FM. Operating schedule; time sharing 73.561 Multiplex subscribers, Use of— (NCE-FM). FM ...... 73.293 Operation, Discontinuance of ...... 73.1750 TV ...... 73.665 Operation during modification of facili- 73.1615 Multiplex subsidiary, Use of ...... 73.667 ties. Multiplex transmission, Use of (AM) .... 73.127 Operation for tests and maintenance .. 73.1520 Operation of TV aural and visual trans- 73.653 N mitters. NARBA (North American Regional 73.3570 Operation, Remote Control ...... 73.1410 Broadcasting Agreement). Operation, Time of ...... 73.1705 Network, Affiliation agreements and 73.658 Operation, Unauthorized ...... 73.1745 program practices; territorial exclu- Operator and station licenses, Posting 73.1230 sivity in non-network program ar- of. rangements (TV). Operators, Chief ...... 73.1870 427

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Operators, Transmitter duty ...... 73.1860 Protection from interference— Overlap, Prohibited ...... 73.509 FM ...... 73.209 Ownership, Multiple ...... 73.3555 NCE-FM ...... 73.509 Ownership report ...... 73.3615 TV ...... 73.612 Proxy statements and tender offers ..... 73.4266(*) P Public inspection file ...... 73.3526–73.3527 Payment disclosure: Payola, plugola, 73.4180 (*) Public inspection of program logs ...... 73.1850 kickbacks. Public office, Broadcasts by can- 73.1940 Performance measurements, Equip- 73.1590 didates for. ment. Puerto Rico TV/FM, dual-language 73.1210 Performance of directional antennas, 73.151 broadcasting in. Field strength measurements to establish (AM). Q Performance requirements, AM trans- 73.40 Quiet zone ...... 73.1030 mission systems. Permissible transmissions (FM) ...... 73.277 R Personal attacks ...... 73.1920 Radiation characteristics, Vertical 73.160 Petitions to deny ...... 73.3584 plane. Plans, State-wide (NCE-FM) ...... 73.502 Radiation, daytime, Limitation on (AM) 73.187 Points, Reference, and distance com- 73.611 Random selection or lottery licensing .. 1.1601–1.1623, putations (TV). 73.23572, Point-to-point emergency messages ... 73.1250 73.3584, 73.3597 Policies, Licensing (TV) ...... 73.642 Rebroadcasts ...... 73.1207 Policies of FCC ...... 73.4000 (*) Recorded, taped or filmed material; 73.1208 Political advertising by UHF translators 73.4195 (*) Broadcast of. Political advertising—sponsorship 73.1212 Recording telephone conversations ..... 73.1206 identification. Records and logs, Availability to FCC 73.1226 Political broadcasting and telecasting, 73.4185 (*) Records, special technical ...... 73.1835 The law of. Reference, Cross, to rules in other 73.1010 Political candidate authorization notice 73.4190 (*) Parts. and sponsorship identification. Reference points and distance com- Political editorials ...... 73.1930 putations— Political file ...... 73.1940 FM ...... 73.208 Portable test stations ...... 73.1530 TV ...... 73.611 Posting of station and operator li- 73.1230 Reference to time ...... 73.1209 censes. Remote control authorizations ...... 73.1400 Power and antenna height require- Remote control operation ...... 73.1410 ments— Remote reading antenna and common 73.57 FM ...... 73.211 point ammeters (AM). NCE-FM ...... 73.511 Renewal period ...... 73.1020 TV ...... 73.614 Report and application forms ...... 73.3500 Power and mode tolerances, Oper- 73.1560 Requirements, Equipment and tech- 73.644 ating. nical system performance (TV). Power, nominal, Rounding of (AM) ...... 73.31 Requirements for authorization of an- 73.53 Power, operating, determining— tenna monitors (AM). AM ...... 73.51 Requirements, Subscription TV, oper- 73.643 FM ...... 73.267 ating. NCE-FM ...... 73.567 Requirements, Power and antenna TV ...... 73.663 height— Prediction of coverage— AM ...... 73.189 FM ...... 73.313 FM ...... 73.211 TV ...... 73.684 NCE-FM ...... 73.511 Presunrise service authorization 73.99 TV ...... 73.614 (PSRA) and Post sunset service au- Requirements, relating to logs, Gen- 73.1800 thorization (PSSA). eral. Prime time access (TV) ...... 73.658 Requirements, Transmission system Procedure Manual: ‘‘The Public and 73.4210 (*) FM ...... 73.317 Broadcasting’’. TV ...... 73.687 Processing of applications ...... 73.3561–73.3587 Requirements, Transmission system 73.40 Program logs ...... 73.1810 performance (AM). Program logs, Public inspection of ...... 73.1850 Responses and statements to Com- 73.1015 Program matter: Supplier identification 73.4215 (*) mission inquiries. Prgoram practices, network, and Affili- 73.658 Restrictions on use of channels (FM) .. 73.220 ation agreements; territorial exclu- Retention of letters received from the 73.1202 sivity in non-network program ar- public. rangements (TV). Retention of logs ...... 73.1840 Program tests ...... 73.1620 Rounding of nominal power (AM) ...... 73.31 Prohibited overlap ...... 73.509 (Rules common to all broadcast sta- 73.1001 Proofs of performance, partial and 73.154 tions), Scope. skeleton, Field strength measure- Rules in other Parts, Cross reference 73.1010 ments (AM). to. 428

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Station license period ...... 73.1020 S Station location ...... 73.1120 Sampling systems for antenna mon- 73.68 Station log ...... 73.1820 itors (AM). Station transferring ...... 73.1150 Satellites, Direct broadcast ...... 73.4091 (*) Stations, Assignment of, to channels 73.28 SCA— (AM). FM ...... 73.293 Stations at spacings below the min- 73.213 NCE-FM ...... 73.593 imum separation (FM). Schedule, Minimum operating ...... 73.1740 Stations, Noncommercial educational 73.621 Schedule; Operating, time sharing 73.561 (TV). (NCE-FM). Stations, Noncommercial educational 73.513 School closings ...... 73.1250 FM, operating on unreserved chan- Scope of Subpart A (AM) ...... 73.1 nels. Scope of Subpart E (TV) ...... 73.601 Stereophonic sound broadcasting— Scope of Subpart H (rules common to 73.1001 AM ...... 73.128 all broadcast stations). FM ...... 73.297 Separations (channel) (TV) ...... 73.610 NCE-FM ...... 73.597 Separations, Minimum mileage, be- TV ...... 73.669 tween co-channel and adjacent Stereophonic pilot subcarriers— 73.4246 (*) channel stations— monophonic programming. FM ...... 73.217 Stereophonic sound transmission NCE-FM ...... 73.507 standards— Separations, Stations at spacings 73.213 AM ...... 73.128 below minimum (FM). FM ...... 73.322 Service and licensing requirements 73.503 TV ...... 73.682 (NCE-FM). Subcarrier multiplex, transmission Share time ...... 73.1715 standards— Sharing time, Operating schedule 73.561 FM ...... 73.319 (NCE-FM). Subcarrier, multiplex, Use of— Short-spacing agreements: FM sta- 73.4235 (*) FM ...... 73.293 tions. TV ...... 73.665 Showing required; Applications for 73.37 Subliminal perception ...... 73.4250 (*) broadcast facilities (AM). Subpart A, Scope of (AM) ...... 73.1 Signal, Computation of interfering (AM) 73.185 Subpart E, Scope of (TV) ...... 73.601 Signal, Groundwave (AM) ...... 73.183 Subpart H, Scope of (rules common to 73.1001 Site, common antenna, Use of— all broadcast stations). FM ...... 73.239 (Subscription TV operations), Defini- 73.641 TV ...... 73.635 tions. Spacings, Stations below the minimum 73.213 Subsidiary Communications services— separations (FM). FM ...... 73.295 Special antenna test authorizations 73.157 NCE-FM ...... 73.595 (AM). Special field test authorization ...... 73.1515 TV ...... 73.667 Special technical records ...... 73.1835 Subscription TV— Special temporary authorizations 73.1635 Competing applications ...... 73.4247 (*) (STA’s). Definitions ...... 73.641 Specifications—Indicating instruments 73.1215 Licensing policies ...... 73.642 (meters). Operating requirements ...... 73.643 Specified hours ...... 73.1730 Transmission systems ...... 73.644 Sponsorship identification list retention; 73.1212 Syndication, network ...... 73.658 related requirements. T Sponsorship identification rules, Appli- 73.4242 (*) Table of assignments— cability of. FM ...... 73.202 STA’s (Special temporary authoriza- 73.1635 TV ...... 73.606 tions). Tables (Distance-degree conversions 73.698 Standard time ...... 73.1209 and separations) (TV). Standards, FM multiplex subcarrier, 73.319 Taped, filmed, or recorded material; 73.1208 technical. Broadcast of. Standards of allocation, Engineering 73.182 Tax certificates and distress sales; Mi- 73.4140(*) (AM). nority sales. Standards of good engineering prac- 73.508 Tax certificates: Issuance of ...... 73.4255 (*) tice—NCE-FM. Teaser announcements ...... 73.4260 (*) Standards, Stereophonic transmission 73.322 Technical definitions— (FM). AM ...... 73.14 Standards, Transmission ...... 73.682 FM ...... 73.310 State-wide plans (NCE-FM) ...... 74.502 TV ...... 73.681 Statements and responses to Commis- 73.1015 Technical records, Special ...... 73.1835 sion inquiries. (Technical standards), Definitions (TV) 73.681 Station and operator licenses, Posting 74.1230 Telecommunications service on 73.646 of. vertical blanking interval. Station identification ...... 73.1201 Telephone conversations, Broadcast of 73.1206 Station inspections by FCC ...... 73.1225 429

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Telephone conversation broadcasts 73.4625 (*) TV/FM dual-language broadcasting in 73.1210 (network and like sources). Puerto Rico. Television channels, Numerical des- 73.603 Type approval of modulation monitors, 73.692 ignation of. General requirements (TV). Temporary authorizations, Special 73.1635 U (STA’s). Tender offers and proxy statements .... 73.4266(*) Unauthorized operation ...... 73.1745 Territorial exclusivily in non-network 73.658 U.S./Mexican Agreement ...... 73.3570 program arrangements; Affiliation USA-Mexico FM Broadcast Agree- 73.504 agreements and network program ment, Channel assignments under practices (TV). (NCE-FM). Territorial exclusivity, (Network)— Unlimited time ...... 73.1710 AM ...... 73.132 Unreserved channels, Noncommercial 73.513 FM ...... 73.232 educational broadcast stations oper- TV ...... 73.658 ating on (NCE-FM). Test authorization, Special field ...... 73.1515 Use of channels, Restrictions on (FM) 73.220 Test stations, Portable ...... 73.1530 Use of common antenna site— Testing antenna during daytime (AM) 73.157 FM ...... 73.239 Tests and maintenance, Operation for 73.1520 TV ...... 73.635 Tests of equipment ...... 73.1610 Use of multiplex subcarriers— Tests, Program ...... 73.1620 FM ...... 73.293 Time brokerage ...... 73.4627 (*) TV ...... 73.665 Time of operation ...... 73.1705 Use of multiplex transmissions (AM) ... 73.127 Time, Limited ...... 73.1725 V Time, Reference to ...... 73.1209 Vertical blanking interval, Tele- 73.646 Time, Share ...... 73.1715 communication service on. Time Sharing, Operating schedule 73.561 Vertical plane radiation characteristics 73.160 (NCE-FM). Visual and aural TV transmitters, Op- 73.653 Time, Unlimited ...... 73.1710 eration of. Tolerances, Carrier frequency depar- 73.1545 Visual modulation monitoring equip- 73.691 ture. ment. Tolerances, Directional antenna sys- 73.62 tem (AM). W Tolerances, Operating power and 73.1560 Want ads ...... 73.1212 mode. Tone clusters: Audio attention-getting 73.4275 (*) Z devices. Zone, Quiet ...... 73.1030 Topographic data (FM) ...... 73.3120 Zones— Tower lighting and painting ...... 73.1213 FM ...... 73.205 Transferring a station ...... 73.1150 NCE-FM ...... 73.505 Transmission standards, Changes in .. 73.1695 TV ...... 73.609 Transmission standards (TV) ...... 73.682 Transmission system, Automatic (ATS) 73.1500 [50 FR 38530, Sept. 23, 1985; 50 FR 40395, Oct. Transmission system emission limita- 73.44 3, 1985, as amended at 51 FR 34621, 34622, tions, (AM). Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987; 52 FR Transmission system inspections ...... 73.1580 Transmission system installation and 73.49 47569, Dec. 15, 1987; 53 FR 2499, Jan. 28, 1988; safety requirements, AM. 58 FR 51250, Oct. 1, 1993; 59 FR 67103, Dec. 28, Transmission system performance re- 73.40 1994; 63 FR 33878, June 22, 1998; 82 FR 57884, quirements (AM). Dec. 8, 2017] Transmission system requirements— FM ...... 73.317 TV ...... 73.687 PART 74—EXPERIMENTAL RADIO, Transmission systems, Modification of 73.1690 AUXILIARY, SPECIAL BROADCAST Transmission systems, subscription TV 73.644 Transmissions, Permissible (FM) ...... 73.277 AND OTHER PROGRAM DISTRIBU- Transmitter duty operators ...... 73.1860 TIONAL SERVICES Transmitter, Location— FM ...... 73.315 TV ...... 73.685 Subpart—General; Rules Applicable to All Transmitter location and antenna sys- 73.685 Services in Part 74 tem (TV). Transmitters, Auxiliary ...... 73.1670 Sec. Transmitters, broadcast, Acceptability 73.1660 74.1 Scope. of. 74.2 General definitions. Transmitters, Main ...... 73.1665 74.3 FCC inspections of stations. Transmitters, TV, aural and visual, Op- 73.653 74.5 Cross reference to rules in other parts. eration of. TV Channel 6 protection (NCE-FM) .... 73.525 74.6 Licensing of broadcast auxiliary and TV colorburst during black/white pro- 73.4272 (*) low power auxiliary stations. gramming. 74.12 Notification of filing of applications. 430

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