Telecommunication

eDt 9OT9 95 o 0 99Jt138 O000Fm001Ft89 ft89 :SM\817.X fm3PsN:183187F pfrm03 Y:\SGML\183187F.XXX Sfmt8091 Fmt8091 Frm00001 PO00000 Jkt183187 09:53Nov10, 1999 VerDate 2999 code of federal regulations Telecommunication the FederalRegister as aSpecialEditionof Administration National ArchivesandRecords the OfficeofFederalRegister Published by Ancillaries With AS OFOCTOBER1,1999 AND FUTUREEFFECT OF GENERALAPPLICABILITY A CODIFICATIONOFDOCUMENTS CONTAINING Revised asofOctober1,1999 PARTS 70TO79 47 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1999

For sale by U.S. Government Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402–9328

VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00002 Fmt 8092 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F Table of Contents

Page Explanation ...... v

Title 47:

Chapter I—Federal Communications Commission (Continued) ...... 3

Finding Aids:

Material Approved for Incorporation by Reference ...... 725

Table of CFR Titles and Chapters ...... 727

Alphabetical List of Agencies Appearing in the CFR ...... 745

Table of OMB Control Numbers ...... 757

List of CFR Sections Affected ...... 767

iii

VerDate 1599 04:03 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00003 Fmt 8092 Sfmt 8092 Y:\SGML\183187F.XXX pfrm02 PsN: 183187F Cite this Code: CFR

To cite the regulations in this volume use title, part and section number. Thus, 47 CFR 73.1 refers to title 47, part 73, section 1.

VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00004 Fmt 8092 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F Explanation

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 1999), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.

VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements. OBSOLETE PROVISIONS Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 1986, consult either the List of CFR Sections Affected, 1949–1963, 1964–1972, or 1973–1985, published in seven separate volumes. For the period beginning January 1, 1986, a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume. INCORPORATION BY REFERENCE What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law. What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are: (a) The incorporation will substantially reduce the volume of material published in the Federal Register. (b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process. (c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51. Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume. What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed in the Finding Aids of this volume as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, Washington DC 20408, or call (202) 523–4534. CFR INDEXES AND TABULAR GUIDES A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS. This volume contains the Parallel Table of Statutory Authorities and Agency Rules. A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume. An index to the text of ‘‘Title 3—The President’’ is carried within that volume. The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg- ister. A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.

VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F REPUBLICATION OF MATERIAL There are no restrictions on the republication of material appearing in the Code of Federal Regulations. INQUIRIES For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency’s name appears at the top of odd–numbered pages. For inquiries concerning CFR reference assistance, call 202–523–5227 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408. SALES The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call 202–512–1800, M–F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202–512–2233, 24 hours a day. For payment by check, write to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250–7954. For GPO Customer Service call 202–512–1803. ELECTRONIC SERVICES The full text of the Code of Federal Regulations, The United States Govern- ment Manual, the Federal Register, Public Laws, Weekly Compilation of Presi- dential Documents and the Privacy Act Compilation are available in electronic format at www.access.gpo.gov/nara (‘‘GPO Access’’). For more information, contact Electronic Information Dissemination Services, U.S. Government Printing Office. Phone 202–512–1530, or 888–293–6498 (toll–free). E–mail, [email protected]. The Office of the Federal Register also offers a free service on the National Archives and Records Administration’s (NARA) World Wide Web site for public law numbers, Federal Register finding aids, and related information. Connect to NARA’s web site at www.nara.gov/fedreg. The NARA site also contains links to GPO Access.

RAYMOND A. MOSLEY, Director, Office of the Federal Register. October 1, 1999.

vii

VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00007 Fmt 8008 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00008 Fmt 8008 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F THIS TITLE

Title 47—TELECOMMUNICATION is composed of five volumes. The parts in these volumes are arranged in the following order: Parts 0–19, parts 20–39, parts 40– 69, parts 70–79, and part 80 to end, chapter I—Federal Communications Commis- sion. The last volume, part 80 to end, also includes chapter II—Office of Science and Technology Policy and National Security Council, and chapter III—National Telecommunications and Information Administration, Department of Commerce. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 1999.

Part 73 contains a numerical designation of FM broadcast channels (§ 73.201) and a table of FM allotments designated for use in communities in the United States, its territories, and possessions (§ 73.202). Part 73 also contains a numerical designation of television channels (§ 73.603) and a table of allotments which contain channels designated for the listed communities in the United States, its territories, and possessions (§ 73.606).

The OMB control numbers for the Federal Communications Commission, appear in § 0.408 of chapter I. For the convenience of the user § 0.408 is reprinted in the Finding Aids section of the second through fifth volumes.

A redesignation table appears in the Finding Aids section of the volume containing part 80 to end.

For this volume, Shelley C. Featherson was Chief Editor. The Code of Federal Regulations publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.

VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00009 Fmt 8092 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F x

VerDate 2999 09:53 Nov 10, 1999 Jkt 183187 PO 00000 Frm 00010 Fmt 8092 Sfmt 8092 Y:\SGML\183187F.XXX pfrm03 PsN: 183187F Title 47— Telecommunication

(This book contains parts 70 to 79)

Part Chapter I—Federal Communications Commission (Contin- ued) ...... 73

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00001 Fmt 8008 Sfmt 8008 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00002 Fmt 8008 Sfmt 8008 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION (Continued)

SUBCHAPTER C—BROADCAST RADIO SERVICES Part Page 70–72 [Reserved] 73 Radio broadcast services ...... 5 74 Experimental radio, auxiliary, special broadcast and other program distributional services ...... 389 76 Multichannel video and cable television service ..... 522 78 Cable television relay service ...... 686 79 Closed captioning of video programming ...... 716

SUPPLEMENTAL PUBLICATIONS: Annual Reports of the Federal Communications Commission to Congress. Federal Communications Commission Reports of Orders and Decision. Communications Act of 1934 (with amendments and index thereto), Recap. Version May 1989.

MISCELLANEOUS PUBLICATIONS: Broadcast Operator Handbook, 1976 edition.

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00003 Fmt 8008 Sfmt 8008 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00004 Fmt 8008 Sfmt 8008 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T 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. 73.157 Antenna testing during daytime. 73.158 Directional antenna monitoring 73.21 Classes of AM broadcast channels and points. stations. 73.160 Vertical plane radiation characteris- 73.23 AM broadcast station applications af- tics, f(θ). fected by international agreements. 73.182 Engineering standards of allocation. 73.24 Broadcast facilities; showing required. 73.183 Groundwave signals. 73.25 Clear channels; Class A, Class B and 73.184 Groundwave field strength graphs. Class D stations. 73.185 Computation of interfering signal. 73.26 Regional channels; Class B and Class D 73.186 Establishment of effective field at stations. one kilometer. 73.27 Local channels; Class C stations. 73.187 Limitation on daytime radiation. 73.28 Assignment of stations to channels. 73.189 Minimum antenna heights or field 73.29 Class C stations on regional channels. strength requirements. 73.30 Petition for authorization of an allot- 73.190 Engineering charts and related for- ment in the 1605–1705 kHz band. mulas. 73.31 Rounding of nominal power specified on applications. Subpart B—FM Broadcast Stations 73.33 Antenna systems; showing required. 73.35 Calculation of improvement factors. 73.201 Numerical designation of FM broad- 73.37 Applications for broadcast facilities, cast channels. showing required. 73.202 Table of Allotments. 73.44 AM transmission system emission lim- 73.203 Availability of channels. itations. 73.204 International agreements and other 73.45 AM antenna systems. restrictions on use of channels. 73.49 AM transmission system fencing re- 73.205 Zones. quirements. 73.207 Minimum distance separation be- 73.51 Determining operating power. tween stations. 73.208 Reference points and distance com- 73.53 Requirements for authorization of an- putations. tenna monitors. 73.209 Protection from interference. 73.54 Antenna resistance and reactance 73.210 Station classes. measurements. 73.211 Power and antenna height require- 73.57 Remote reading antenna and common ments. point ammeters. 73.212 Administrative changes in authoriza- 73.58 Indicating instruments. tions. 73.61 AM directional antenna field strength 73.213 Grandfathered short-spaced stations. measurements. 73.215 Contour protection for short–spaced 73.62 Directional antenna system toler- assignments. ances. 73.220 Restrictions on use of channels. 73.68 Sampling systems for antenna mon- 73.232 Territorial exclusivity. itors. 73.239 Use of common antenna site. 73.69 Antenna monitors. 73.258 Indicating instruments. 73.72 Operating during the experimental pe- 73.267 Determining operating power. riod. 73.277 Permissible transmissions. 73.88 Blanketing interference. 73.293 Use of FM multiplex subcarriers. 73.99 Presunrise service authorization 73.295 FM subsidiary communications serv- (PSRA) and Postsunset service author- ices. ization (PSSA). 73.297 FM stereophonic sound broadcasting. 73.127 Use of multiplex transmission. 73.310 FM technical definitions. 73.128 AM stereophonic broadcasting. 73.311 Field strength contours. 73.132 Territorial exclusivity. 73.312 Topographic data. 73.150 Directional antenna systems. 73.313 Prediction of coverage.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00005 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 73 47 CFR Ch. I (10–1–99 Edition)

73.314 Field strength measurements. 73.623 DTV applications and changes to 73.315 FM transmitter location. DTV allotments. 73.316 FM antenna systems. 73.624 Digital television broadcast stations. 73.317 FM transmission system require- 73.625 DTV coverage of principal commu- ments. nity and antenna system. 73.318 FM blanketing interference. 73.635 Use of common antenna site. 73.319 FM multiplex subcarrier technical 73.641 Subscription TV definitions. standards. 73.642 Subscription TV service. 73.322 FM stereophonic sound transmission 73.643 Subscription TV operating require- standards. ments. 73.333 Engineering charts. 73.644 Subscription TV transmission systems. Subpart C—Noncommercial Educational 73.646 Telecommunications Service on the FM Broadcast Stations Vertical Blanking Interval and in the Visual Signal. 73.501 Channels available for assignment. 73.653 Operation of TV aural and visual 73.502 State-wide plans. 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. 73.525 TV Channel 6 protection. 73.681 Definitions. 73.558 Indicating instruments. 73.682 TV transmission standards. 73.561 Operating schedule; time sharing. 73.683 Field strength contours. 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. 73.686 Field strength measurements. 73.599 NCE–FM engineering charts. 73.687 Transmission system requirements. 73.688 Indicating instruments. Subpart D [Reserved] 73.691 Visual modulation monitoring. 73.698 Tables. Subpart E—Television Broadcast Stations 73.699 TV engineering charts. 73.601 Scope of subpart. 73.602 Cross reference to rules in other Subpart F—International Broadcast Stations parts. 73.701 Definitions. 73.603 Numerical designation of television 73.702 Assignment and use of frequencies. channels. 73.703 Geographical zones and areas of re- 73.606 Table of allotments. ception. 73.607 Availability of channels. 73.712 Equipment tests. 73.609 Zones. 73.713 Program tests. 73.610 Minimum distance separations be- 73.731 Licensing requirements. tween stations. 73.732 Authorizations. 73.611 Reference points and distance com- 73.733 Normal license period. putations. 73.751 Operating power. 73.612 Protection from interference. 73.753 Antenna systems. 73.614 Power and antenna height require- 73.754 Frequency monitors. ments. 73.755 Modulation monitors. 73.615 Administrative changes in authoriza- 73.756 Transmission system requirements. tions. 73.757 Auxiliary transmitters. 73.621 Noncommercial educational TV sta- 73.758 Alternate main transmitters. tions. 73.759 Modification of transmission sys- 73.622 Digital television table of allotments. tems.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00006 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 73

73.761 Time of operation. 73.1560 Operating power and mode toler- 73.765 Determining operating power. ances. 73.766 Modulation and bandwidth. 73.1570 Modulation levels: AM, FM, and TV 73.781 Logs. aural. 73.782 Retention of logs. 73.1580 Transmission system inspections. 73.787 Station identification. 73.1590 Equipment performance measure- 73.788 Service; commercial or sponsored ments. programs. 73.1610 Equipment tests. 73.1615 Operation during modification of fa- Subpart G—Emergency Broadcast System cilities. 73.900 Cross references. 73.1620 Program tests. 73.1635 Special temporary authorizations Subpart H—Rules Applicable to All (STA). Broadcast Stations 73.1650 International agreements. 73.1660 Acceptability of broadcast transmit- 73.1001 Scope. ters. 73.1010 Cross reference to rules in other 73.1665 Main transmitters. parts. 73.1670 Auxiliary transmitters. 73.1015 Truthful written statements and re- 73.1675 Auxiliary antennas. sponses to Commission inquiries and cor- 73.1680 Emergency antennas. respondence. 73.1690 Modification of transmission sys- 73.1020 Station license period. tems. 73.1030 Notifications concerning inter- 73.1692 Broadcast station construction near ference to radio astronomy, research and or installation on an AM broadcast receiving installations. tower. 73.1120 Station location. 73.1695 Changes in transmission standards. 73.1125 Station main studio location. 73.1700 Broadcast day. 73.1150 Transferring a station. 73.1705 Time of operation. 73.1201 Station identification. 73.1710 Unlimited time. 73.1202 Retention of letters received from 73.1715 Share time. the public. 73.1720 Daytime. 73.1206 Broadcast of telephone conversa- 73.1725 Limited time. tions. 73.1730 Specified hours. 73.1207 Rebroadcasts. 73.1735 AM station operation pre-sunrise 73.1208 Broadcast of taped, filmed, or re- and post-sunset. corded material. 73.1740 Minimum operating schedule. 73.1209 References to time. 73.1745 Unauthorized operation. 73.1210 TV/FM dual-language broadcasting 73.1750 Discontinuance of operation. in Puerto Rico. 73.1800 General requirements related to the 73.1211 Broadcast of lottery information. station log. 73.1212 Sponsorship identification; list re- 73.1820 Station log. tention; related requirements. 73.1835 Special technical records. 73.1213 Antenna structure, marking and 73.1840 Retention of logs. lighting. 73.1870 Chief operators. 73.1215 Specifications for indicating instru- 73.1910 Fairness Doctrine. ments. 73.1216 Licensee-conducted contests. 73.1920 Personal attacks. 73.1217 Broadcast hoaxes. 73.1930 Political editorials. 73.1225 Station inspection by FCC. 73.1940 Legally qualified candidates for pub- 73.1226 Availability to FCC of station logs lic office. and records. 73.1941 Equal opportunities. 73.1230 Posting of station license. 73.1942 Candidate rates. 73.1250 Broadcasting emergency informa- 73.1943 Political file. tion. 73.1944 Reasonable access. 73.1300 Unattended station operation. 73.2080 Equal employment opportunities. 73.1350 Transmission system operation. 73.3500 Application and report forms. 73.1400 Transmission system monitoring 73.3511 Applications required. and control. 73.3512 Where to file; number of copies. 73.1510 Experimental authorizations. 73.3513 Signing of applications. 73.1515 Special field test authorizations. 73.3514 Content of applications. 73.1520 Operation for tests and mainte- 73.3516 Specification of facilities. nance. 73.3517 Contingent applications. 73.1530 Portable test stations [Definition]. 73.3518 Inconsistent or conflicting applica- 73.1540 Carrier frequency measurements. tions. 73.1545 Carrier frequency departure toler- 73.3519 Repetitious applications. ances. 73.3520 Multiple applications.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00007 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 73 47 CFR Ch. I (10–1–99 Edition)

73.3521 Mutually exclusive applications for 73.3584 Procedure for filing petitions to low power television, television trans- deny. lators and television booster stations. 73.3587 Procedure for filing informal objec- 73.3522 Amendment of applications. tions. 73.3523 Dismissal of applications in renewal 73.3588 Dismissal of petitions to deny or proceedings. withdrawal of informal objections. 73.3525 Agreements for removing applica- 73.3589 Threats to file petitions to deny or tion conflicts. informal objections. 73.3526 Local public inspection file of com- 73.3591 Grants without hearing. mercial stations. 73.3592 Conditional grant. 73.3527 Local public inspection file of non- 73.3593 Designation for hearing. commercial educational stations. 73.3594 Local public notice of designation 73.3533 Application for construction permit for hearing. or modification of construction permit. 73.3597 Procedures on transfer and assign- 73.3534 Period of construction for Instruc- ment applications. tional TV Fixed station construction 73.3598 Period of construction. permit and requests for extension there- 73.3601 Simultaneous modification and re- of. newal of license. 73.3536 Application for license to cover con- 73.3603 Special waiver procedure relative to struction permit. applications. 73.3537 Application for license to use former 73.3605 Retention of applications in hearing main antenna as an auxiliary. status after designation for hearing. 73.3538 Application to make changes in an 73.3612 Annual employment report. existing station. 73.3613 Filing of contracts. 73.3539 Application for renewal of license. 73.3615 Ownership reports. 73.3617 Broadcast information available on 73.3540 Application for voluntary assign- the Internet. ment or transfer of control. 73.3999 Enforcement of 18 U.S.C. 1464 (re- 73.3541 Application for involuntary assign- strictions on the transmission of obscene ment of license or transfer of control. and indecent material). 73.3542 Application for emergency author- 73.4000 Listing of FCC policies. ization. 73.4005 Advertising—refusal to sell. 73.3543 Application for renewal or modifica- 73.4015 Applications for AM and FM con- tion of special service authorization. struction permits, incomplete or defec- 73.3544 Application to obtain a modified sta- tive. tion license. 73.4017 Application processing: Commercial 73.3545 Application for permit to deliver FM stations. programs to foreign stations. 73.4045 Barter agreements. 73.3549 Requests for extension of time to op- 73.4050 Children’s TV programs. erate without required monitors, indi- 73.4055 Cigarette advertising. cating instruments, and EAS encoders 73.4060 Citizens agreements. and decoders. 73.4075 Commercials, loud. 73.3550 Requests for new or modified call 73.4082 Comparative broadcast hearings— sign assignments. specialized programming formats. 73.3555 Multiple ownership. 73.4091 Direct broadcast satellites. 73.3556 Duplication of programming on com- 73.4094 Dolby encoder. monly owned or time brokered stations. 73.4095 Drug lyrics. 73.3561 Staff consideration of applications 73.4097 EBS (now EAS) attention signals on requiring Commission action. automated programing systems. 73.3562 Staff consideration of applications 73.4099 Financial qualifications, certifi- not requiring action by the Commission. cation of. 73.3564 Acceptance of applications. 73.4100 Financial qualifications; new AM 73.3566 Defective applications. and FM stations. 73.3568 Dismissal of applications. 73.4101 Financial qualifications, TV sta- 73.3571 Processing of AM broadcast station tions. applications. 73.4102 FAA communications, broadcast of. 73.3572 Processing of TV broadcast, low 73.4104 FM assignment policies and proce- power TV, TV translator and TV booster dures. station applications. 73.4107 FM broadcast assignments, increas- 73.3573 Processing FM broadcast station ap- ing availability of. plications. 73.4108 FM transmitter site map submis- 73.3574 Processing of international broad- sions. cast station applications. 73.4110 Format changes of stations. 73.3578 Amendments to applications for re- 73.4135 Interference to TV reception by FM newal, assignment or transfer of control. stations. 73.3580 Local public notice of filing of 73.4140 Minority ownership; tax certificates broadcast applications. and distress sales.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00008 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.14

73.4154 Network/AM, FM station affiliation those rules in Subpart H which are agreements. common to all AM, FM and TV broad- 73.4157 Network signals which adversely af- cast services, commercial and non- fect affiliate broadcast service. 73.4163 Noncommercial nature of edu- commercial. cational broadcast stations. [47 FR 8587, Mar. 1, 1982] 73.4165 Obscene language. 73.4170 Obscene broadcasts. § 73.14 AM broadcast definitions. 73.4180 Payment disclosure: Payola, plugola, kickbacks. AM broadcast band. The band of fre- 73.4185 Political broadcasting and tele- quencies extending from 535 to 1705 casting, the law of. kHz. 73.4190 Political candidate authorization AM broadcast channel. The band of notice and sponsorship identification. frequencies occupied by the carrier and 73.4195 Political advertising by UHF translators. the upper and lower sidebands of an 73.4210 Procedure Manual: ‘‘The Public and AM broadcast signal with the carrier Broadcasting’’. frequency at the center. Channels are 73.4215 Program matter: Supplier identifica- designated by their assigned carrier tion. frequencies. The 117 carrier frequencies 73.4242 Sponsorship identification rules, ap- assigned to AM broadcast stations plicability of. begin at 540 kHz and progress in 10 kHz 73.4246 Stereophonic pilot subcarrier use steps to 1700 kHz. (See § 73.21 for the during monophonic programming. 73.4247 STV: Competing applications. classification of AM broadcast chan- 73.4250 Subliminal perception. nels). 73.4255 Tax certificates: Issuance of. AM broadcast station. A broadcast sta- 73.4260 Teaser announcements. tion licensed for the dissemination of 73.4265 Telephone conversation broadcasts radio communications intended to be (network and like sources). received by the public and operated on 73.4266 Tender offer and proxy statements. a channel in the AM broadcast band. 73.4267 Time brokerage. 73.4275 Tone clusters; audio attention-get- Amplitude modulated stage. The radio- ting devices. frequency stage to which the modu- 73.4280 Character evaluation of broadcast lator is coupled and in which the car- applicants. rier wave is modulated in accordance with the system of amplitude modula- Subpart I—Competitive Bidding tion and the characteristics of the Procedures modulating wave. 73.5000 Services subject to competitive bid- Amplitude modulator stage. The last ding. amplifier stage of the modulating wave 73.5001 Competitive bidding procedures. amplitude modulates a radio-frequency 73.5002 Bidding application and certification stage. procedures; prohibition of collusion. Antenna current. The radio-frequency 73.5003 Submission of upfront payments, current in the antenna with no modu- down payments and full payments. 73.5004 Bid withdrawal, default and disquali- lation. fication. Antenna input power. The product of 73.5005 Filing of long-form applications. the square of the antenna current and 73.5006 Filing of petitions to deny against the antenna resistance at the point long-form applications. where the current is measured. 73.5007 Designated entity provisions. Antenna resistance. The total resist- 73.5008 Definitions applicable for designated ance of the transmitting antenna sys- entity provisions. 73.5009 Assignment or transfer of control. tem at the operating frequency and at the point at which the antenna current ALPHABETICAL INDEX—PART 73 is measured. AUTHORITY: 47 U.S.C. 154, 303, 334 and 336. Auxiliary facility. An auxiliary facility is an AM antenna tower(s) separate Subpart A—AM Broadcast Stations from the main facility’s antenna tower(s), permanently installed at the § 73.1 Scope. same site or at a different location, This subpart contains those rules from which an AM station may broad- which apply exclusively to the AM cast for short periods without prior broadcast service and are in addition to Commission authorization or notice to

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00009 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.14 47 CFR Ch. I (10–1–99 Edition)

the Commission while the main facil- Experimental period. the time between ity is not in operation (e.g., where 12 midnight local time and local sun- tower work necessitates turning off the rise, used by AM stations for tests, main antenna or where lightning has maintenance and experimentation. caused damage to the main antenna or Frequency departure. The amount of transmission system) (See § 73.1675). variation of a carrier frequency or cen- Blanketing. The interference which is ter frequency from its assigned value. caused by the presence of an AM broad- Incidental phase modulation. The peak cast signal of one volt per meter (V/m) phase deviation (in radians) resulting or greater strengths in the area adja- from the process of amplitude modula- cent to the antenna of the transmit- tion. ting station. The 1 V/m contour is re- Input power. Means the product of the ferred to as the blanket contour and direct voltage applied to the last radio the area within this contour is referred stage and the total direct current flow- to as the blanket area. ing to the last radio stage, measured Carrier-amplitude regulation (Carrier without modulation. shift). The change in amplitude of the Intermittent service area. Means the carrier wave in an amplitude-modu- area receiving service from the lated transmitter when modulation is groundwave of a broadcast station but applied under conditions of symmet- beyond the primary service area and rical modulation. subject to some interference and fading. Combined audio harmonics. The arith- Last radio stage. The radio-frequency metical sum of the amplitudes of all power amplifier stage which supplies the separate harmonic components. power to the antenna. Root sum square harmonic readings Left (or right) signal. The electrical may be accepted under conditions pre- output of a microphone or combination scribed by the FCC. of microphones placed so as to convey Critical directional antenna. An AM the intensity, time, and location of broadcast directional antenna that is sounds originated predominately to the required, by the terms of a station au- listener’s left (or right) of the center of thorization, to be operated with the the performing area. relative currents and phases within the Left (or right) stereophonic channel. antenna elements at closer tolerances The left (or right) signal as electrically of deviation than those permitted reproduced in reception of AM under § 73.62 and observed with a high stereophonic broadcasts. precision monitor capable of measuring Main channel. The band of audio fre- these parameters. quencies from 50 to 10,000 Hz which am- Critical hours. The two hour period plitude modulates the carrier. immediately following local sunrise Maximum percentage of modulation. and the two hour period immediately The greatest percentage of modulation preceding local sunset. that may be obtained by a transmitter Daytime. The period of time between without producing in its output, local sunrise and local sunset. harmonics of the modulating frequency Effective field; Effective field strength. in excess of those permitted by these The root-mean-square (RMS) value of regulations. (See § 73.1570) the inverse distance fields at a distance Maximum rated carrier power. The of 1 kilometer from the antenna in all maximum power at which the trans- directions in the horizontal plane. The mitter can be operated satisfactorily term ‘‘field strength’’ is synonymous and is determined by the design of the with the term ‘‘field intensity’’ as con- transmitter and the type and number tained elsewhere in this Part. of vacuum tubes or other amplifier de- Equipment performance measurements. vices used in the last radio stage. The measurements performed to deter- Model I facility. A station operating mine the overall performance charac- in the 1605–1705 kHz band featuring teristics of a broadcast transmission fulltime operation with stereo, com- system from point of program origina- petitive technical quality, 10 kW day- tion at main studio to sampling of sig- time power, 1 kW nighttime power, nal as radiated. (See § 73.1590) non-directional antenna (or a simple

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00010 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.21

directional antenna system), and sepa- ments. The measurements of field rated by 400–800 km from other co- strengths made to determine the radi- channel stations. ation pattern or characteristics of an Model II facility. A station operating AM directional antenna system. in the 535–1605 kHz band featuring Secondary service area. Means the fulltime operation, competitive tech- service area of a broadcast station nical quality, wide area daytime cov- served by the skywave and not subject erage with nighttime coverage at least to objectionable interference and in 15% of the daytime coverage. which the signal is subject to intermit- Nighttime. The period of time between tent variations in strength. local sunset and local sunrise. Stereophonic channel. The band of Nominal power. The antenna input audio frequencies from 50 to 10,000 Hz power less any power loss through a containing the stereophonic informa- dissipative network and, for directional tion which modulates the radio fre- antennas, without consideration of ad- quency carrier. justments specified in paragraphs (b)(1) Stereophonic crosstalk. An undesired and (b)(2) of § 73.51 of the rules. How- signal occurring in the main channel ever, for AM broadcast applications from modulation of the stereophonic granted or filed before June 3, 1985, channel or that occurring in the nominal power is specified in a system stereophonic channel from modulation of classifications which include the fol- of the main channel. lowing values: 50 kW, 25 kW, 10 kW, 5 Stereophonic pilot tone. An audio tone kW, 2.5 kW, 1 kW, 0.5 kW, and 0.25 kW. of fixed or variable frequency modu- The specified nominal power for any lating the carrier during the trans- station in this group of stations will be mission of stereophonic programs. retained until action is taken on or Stereophonic separation. The ratio of after June 3, 1985, which involves a the electrical signal caused in the right change in the technical facilities of the (or left) stereophonic channel to the station. electrical signal caused in the left (or Percentage modulation (amplitude) right) stereophonic channel by the In a positive direction: 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). ————–—––— c White area. The area or population which does not receive interference- Where: free primary service from an author- M = Modulation level in percent. MAX = Instantaneous maximum level of ized AM station or does not receive a the modulated radio frequency envelope. signal strength of at least 1 mV/m from MIN = Instantaneous minimum level of the an authorized FM station. 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, Plate modulation. The modulation 1985; 56 FR 64856, Dec. 12, 1991; 62 FR 51058, produced by introduction of the modu- Sept. 30, 1997] 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 tionable interference or objectionable protected from objectionable inter- fading. ference within their primary service Proof of performance measurements or areas and, depending on the class of antenna proof of performance measure- station, their secondary service areas.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00011 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.23 47 CFR Ch. I (10–1–99 Edition)

Stations operating on these channels hama Islands and the Dominican Republic are classified as follows: against objectionable interference. (1) Class A station. A Class A station (c) Local channel. A local channel is is an unlimited time station that oper- one on which stations operate unlim- ates on a clear channel and is designed ited time and serve primarily a com- to render primary and secondary serv- munity and the suburban and rural ice over an extended area and at rel- areas immediately contiguous thereto. atively long distances from its trans- (1) Class C station. A Class C station is mitter. Its primary service area is pro- a station operating on a local channel tected from objectionable interference and is designed to render service only from other stations on the same and over a primary service area that may adjacent channels, and its secondary be reduced as a consequence of inter- service area is protected from interference in accordance with § 73.182. The ference from other stations on the power shall not be less than 0.25 kW, same channel. (See § 73.182). The oper- nor more than 1 kW. Class C stations ating power shall not be less than 10 that are licensed to operate with 0.1 kW nor more than 50 kW. (Also see § 73.25(a)). kW may continue to do so. (2) Class B station. A Class B station [56 FR 64856, Dec. 12, 1991] is an unlimited time station which is designed to render service only over a § 73.23 AM broadcast station applica- primary service area. Class B stations tions affected by international are authorized to operate with a min- agreements. imum power of 0.25 kW (or, if less than (a) Except as provided in paragraph 0.25 kW, an equivalent RMS antenna (b) of this section, no application for an field of at least 141 mV/m at 1 km) and AM station will be accepted for filing if a maximum power of 50 kW, or 10 kW authorization of the facilities re- for stations that are authorized to op- quested would be inconsistent with erate in the 1605–1705 kHz 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 § 73.1650(b)). Any such application that than 141 mV/m at one km. 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. ments of this part 73, will be granted (b) Regional Channel. A regional subject to such modifications as the channel is one on which Class B and FCC may subsequently find appro- Class D stations may operate and serve priate, taking international consider- primarily a principal center of popu- ations into account. lation and the rural area contiguous (c) In the case of any application des- thereto. ignated 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 to- dered, whenever action under this sec- ward those countries from a Class B station tion becomes appropriate because of in- may not exceed the level that would be produced by an omnidirectional antenna with a consistency with international rela- transmitted power of 5 kW, or such lower tionships, the applicant involved shall, level as will comply with NARBA require- notwithstanding the provisions ments for protection of stations in the Ba- §§ 73.3522 and 73.3571, be permitted to

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00012 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.25

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 tour of a co-channel United States be informed of the procedures to be fol- Class A station, no more than the max- lowed. imum value permitted under the provi- [56 FR 64856, Dec. 12, 1991] sions of § 73.187. (i) That, for all stations, the daytime § 73.24 Broadcast facilities; showing 5 mV/m contour encompasses the en- required. tire principal community to be served. An authorization for a new AM That, for stations in the 535–1605 kHz broadcast station or increase in facili- band, 80% of the principal community ties of an existing station will be is encompassed by the nighttime 5 mV/ issued only after a satisfactory show- m contour or the nighttime inter- ing has been made in regard to the fol- ference-free contour, whichever value lowing, among others: is higher. That, for stations in the 1605– (a) That the proposed assignment 1705 kHz band, 50% of the principal will tend to effect a fair, efficient, and community is encompassed by the 5 equitable distribution of radio service mV/m contour or the nighttime inter- among the several states and commu- ference-free contour, whichever value nities. is higher. That, Class D stations with (b) That a proposed new station (or a nighttime authorizations need not proposed change in the facilities of an demonstrate such coverage during authorized station) complies with the nighttime operation. pertinent requirements of § 73.37 of this (j) That the public interest, conven- chapter. ience, and necessity will be served (c) That the applicant is financially through the operation under the pro- qualified to construct and operate the posed assignment. proposed station. (d) That the applicant is legally [28 FR 13574, Dec. 14, 1963, as amended at 38 qualified. That the applicant (or the FR 5874, Mar. 5, 1973; 49 FR 43960, Nov. 1, 1984; person or persons in control of an ap- 50 FR 40014, Oct. 1, 1985; 52 FR 11654, Apr. 10, plicant corporation or other organiza- 1987; 53 FR 1031, Jan. 15, 1988; 56 FR 64857, tion) is of good character and possesses Dec. 12, 1991] other qualifications sufficient to provide a satisfactory public service. § 73.25 Clear channels; Class A, Class B and Class D stations. (e) That the technical equipment proposed, the location of the transmitter, The frequencies in the following tab- and other technical phases of operation ulations are designated as clear chan- comply with the regulations governing nels and assigned for use by the Classes the same, and the requirements of good of stations given: engineering practice. (a) On each of the following channels, (f) That the facilities sought are sub- one Class A station may be assigned, ject to assignment as requested under operating with power of 50 kW: 640, 650, existing international agreements and 660, 670, 700, 720, 750, 760, 770, 780, 820, the rules and regulations of the Com- 830, 840, 870, 880, 890, 1020, 1030, 1040, mission. 1100, 1120, 1160, 1180, 1200, and 1210 kHz. (g) That the population within the 1 In Alaska, these frequencies can be V/m contour does not exceed 1.0 per- used by Class A stations subject to the cent of the population within the 25 conditions set forth in § 73.182(a)(1)(ii). mV/m contour: Provided, however, That On the channels listed in this para- where the number of persons within graph, Class B and Class D stations the 1 V/m contour is 300 or less the pro- may be assigned.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00013 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.26 47 CFR Ch. I (10–1–99 Edition)

(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, § 73.28 Assignment of stations to chan- 1550, and 1560 kHz. nels. NOTE: Until superseded by a new agree- (a) The Commission will not make an ment, protection of the Bahama Islands shall AM station assignment that does not be in accordance with NARBA. Accordingly, 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 and other international agreements. nighttime (i.e., sunset to sunrise at the loca- See § 73.1650 for a list of pertinent trea- tion of the U.S. station) shall be located not ties, conventions and agreements, and less than 650 miles from the nearest point of land in the Bahama Islands. § 73.23 for procedural provisions relating to compliance with them. (c) Class A, Class B and Class D sta- (b) Engineering standards now in tions may be assigned on 540, 690, 730, force domestically differ in some re- 740, 800, 860, 900, 990, 1010, 1050, 1220, spects from those specified for inter- 1540, 1570, and 1580 kHz. national 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 (1) The extent to which interference 47568, Dec. 15, 1987; 53 FR 1031, Jan. 15, 1988; 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: 1600, 1610, 1620, 1630, 1640, 1650, 1660, 1670, (i) The service to be rendered by a 1680, 1690, and 1700 kHz. proposed operation in the United (b) Additionally, in Alaska, Hawaii, States; or Puerto Rico, and the U.S. Virgin Is- (ii) the permissible interfering signal lands the frequencies 1230, 1240, 1340, from one station in the United States 1400, 1450, and 1490 kHz are designated to another United States station. as Regional channels, and are assigned for use by Class B stations. Stations [28 FR 13574, Dec. 14, 1963, as amended at 29 formerly licensed to these channels in FR 9499, July 11, 1964; 49 FR 32358, Aug. 14, those locations as Class C stations are 1984; 50 FR 18821, May 2, 1985; 54 FR 39736, redesignated as Class B stations. Sept. 28, 1989; 56 FR 64857, Dec. 12, 1991] [56 FR 64857, Dec. 12, 1991] § 73.29 Class C stations on regional channels. § 73.27 Local channels; Class C stations. No license will be granted for the operation of a Class C station on a re- Within the conterminous 48 states, gional channel. the following frequencies are designated as local channels, and are as- [ 56 FR 64857, Dec. 12, 1991]

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00014 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.30

§ 73.30 Petition for authorization of an facility, the applicant must file a li- allotment in the 1605–1705 kHz cense application on FCC Form 302. 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 (exten channels in the 1605–1705 kHz band cluding Class C stations) operating in the must file a petition for the establish- 535–1605 kHz band. First priority will be assigned 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. petitioner’s existing AM operation; and Notwithstanding the exception contained in 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. gible stations will be allotted channels NOTE 3: The Commission will periodically based on the following steps: evaluate the progress of the movement of 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 the next lowest improvement factor, is NOTE 4: Other than the exception specified 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 ments are examined with respect to an more than one Class D station applies for 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. (4) When it has been determined that, Class A station and licensed to serve a com- in accordance with the above steps, no munity of 100,000 or more, for which there channel is available for the subject sta- exists no local fulltime aural service; Second tion, that station is no longer consid- priority—Class D stations ranked in order of ered and the process continues to the improvement factor, from highest to lowest, considering only those stations with im- station with the next lowest improve- provement factors greater than zero. ment factor. NOTE 5: The preference for AM stereo in (c) If awarded an allotment, a peti- the expanded band will be administered as tioner will have sixty (60) days from follows: when an allotment under consider- the date of public notice of selection to ation (candidate allotment) conflicts with file an application for construction one or more previously selected allotments permit on FCC Form 301. (See §§ 73.24 (established allotments) and cannot be ac- and 73.37(e) for filing requirements). commodated in the expanded band, the can- Unless instructed by the Commission didate allotment will be substituted for the previously established allotment provided to do otherwise, the application shall that: the petitioner for the candidate allot- specify Model I facilities. (See § 73.14). ment has made a written commitment to the Upon grant of the application and sub- use of AM stereo and the petitioner for the sequent construction of the authorized established allotment has not; the difference

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.31 47 CFR Ch. I (10–1–99 Edition)

between the ranking factors associated with §73.35 Calculation of improvement fac- the candidate and established allotments tors. does not exceed 10% of the ranking factor of the candidate allotment; the substitution A petition for an allotment (See will not require the displacement of more §73.30) in the 1605–1705 kHz band filed by than one established allotment; and both the an existing fulltime AM station li- candidate allotment and the established al- censed in the 535–1605 kHz band will be lotment are within the same priority group. ranked according to the station’s calculated improvement factor. (See [58 FR 27949, May 12, 1993] §73.30). Improvement factors relate to § 73.31 Rounding of nominal power both nighttime and daytime inter- specified on applications. ference conditions and are based on two distinct considerations: (a) Service (a) An application filed with the FCC area lost by other stations due to infor a new station or for an increase in terference caused by the subject sta- power of an existing station shall tion, and (b) service area of the subject specify nominal power rounded to two station. These considerations are rep- significant figures as follows: resented by a ratio. The ratio consists, Rounded where applicable, of two separate addi- down to tive components, one for nighttime and Nominal power (kW) nearest figure one for daytime. For the nighttime (kW) component, to determine the numer- Below 0.25 ...... 0.001 ator of the ratio (first consideration), 0.25 to 0.99 ...... 0.01 calculate the RSS and associated serv- 1 to 9.9 ...... 0.1 ice area of the stations (co- and adja- 10 to 50 ...... 1 cent channel) to which the subject station causes nighttime interference. (b) In rounding the nominal power in Next, repeat the RSS and service area accordance with paragraph (a) of this calculations excluding the subject sta- section the RMS shall be adjusted action. The cumulative gain in the above cordingly. If rounding upward to the service area is the numerator of the nearest figure would result in objec- ratio. The denominator (second consid- tionable interference, the nominal eration) is the subject station’s inter- power specified on the application is to ference-free service area. For the day- be rounded downward to the next near- time component, the composite est figure and the RMS adjusted ac- amount of service lost by co-channel cordingly. and adjacent channel stations, each [50 FR 18821, May 2, 1985, as amended at 53 taken individually, that are affected by FR 1031, Jan. 15, 1988] the subject station, excluding the effects of other assignments during each 73.33 Antenna systems; showing re- study, will be used as the numerator of quired. the daytime improvement factor. The (a) An application for authority to denominator will consist of the actual install a broadcast antenna shall speci- daytime service area (0.5 mV/m con- fy a definite site and include full de- tour) less any area lost tointerference tails of the antenna design and ex- from other assignments. The value of pected performance. this combined ratio will constitute the (b) All data necessary to show com- petitioner’s improvement factor. Not- pliance with the terms and conditions withstanding the requirements of of the construction permit must be §73.153, for uniform comparisons and filed with the license application. If simplicity, measurement data will not the station is using a directional an- be used for determining improvement tenna, a proof of performance must factors and FCC figure M-3 ground con- also be filed. ductivity values are to be used exclusively in accordance with the pertinent [28 FR 13574, Dec. 14, 1963, as amended at 37 provisions of §73.183(c)(1). FR 25840, Dec. 5, 1972] [56 FR 64858, Dec. 12, 1991]

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission §73.37

§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). 5 5 (All classes). authorization of facilities in the 535– 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 creasing daytime power, the provisions Model I facilities (10 kW–D, 1 kW–N, of this paragraph shall not be con- non-DA, 90 degree antenna ht. & strued to permit an increase in power ground system) operating in compli- to more than 500 watts, if prohibited ance with all of the above separation overlap would be involved, even if suc- distances. In those cases where that ra- cessive applications should be ten- diation equivalence value is already ex- dered. ceeded, a station may continue to (d) In addition to demonstrating maintain, but not increase beyond that compliance with paragraphs (a), and, as level. appropriate, (b), and (c) of this section, an application for a new AM broadcast NOTE 1: In the case of applications for changes in the facilities of AM broadcast sta- station, or for a major change (see tions covered by this section, an application § 73.3571(a)(1)) in an authorized AM will be accepted even though overlap of field broadcast station, as a condition for its strength contours as mentioned in this sec- acceptance, shall make a satisfactory tion would occur with another station in an

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.44 47 CFR Ch. I (10–1–99 Edition)

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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.49

(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 con- to believe otherwise. Such stations are struction of FM or TV transmitting fa- waived from having to make the peri- cilities, see §§ 73.316, 73.685, and 73.1692.) odic measurements required in Upon completion of any necessary re- § 73.1590(a)(6) until June 30, 1994. How- pairs or adjustments, or upon comple- ever, licensees must make measure- tion of authorized construction or ments to determine compliance with modifications, the licensee must make paragraphs (a) and (b) of this section a new determination of the antenna re- upon receipt of an Official Notice of sistance using the procedures described Violation or a Notice of Apparent Li- in § 73.54. Operating power should then ability alleging noncompliance with be determined by a direct method as those provisions, or upon specific re- described in § 73.51. Notification of the quest by the Commission. value of resistance of the antenna system must be filed with the FCC in [47 FR 8588, Mar. 1, 1982, as amended at 49 FR 3999, Feb. 1, 1984] Washington, DC as follows: (1) Whenever the measurements show § 73.45 AM antenna systems. that the antenna or common point resistance 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 change the transmitting system site of information and measurement data an existing station must specify an an- specified in § 73.54(d). (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.) (1) An application for authority to in- Services Division, Mass Media Bureau, stall an AM broadcast antenna must must be filed in accordance with specify a definite site and include full § 73.54(e). details of the antenna system design [43 FR 53735, Nov. 17, 1978, as amended at 45 and expected performance. FR 28141, Apr. 28, 1980; 47 FR 8589, Mar. 1, (2) All data necessary to show com- 1982; 50 FR 32416, Aug. 12, 1985; 51 FR 2707; pliance with the terms and conditions Jan. 21, 1986; 51 FR 26250, July 22, 1986; 63 FR of the construction permit must be 33875, June 22, 1998] 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 performance must be filed. See §§ 73.150 fed, folded unipole, and insulated base through 73.157. (b) The simultaneous use of a com- antennas) must be enclosed within ef- mon antenna or antenna structure by fective locked fences or other enclo- more than one AM station or by a sta- sures. Ready access must be provided tion of any other type or service may to each antenna tower base for meter be authorized provided: reading and maintenance purposes at (1) Engineering data are submitted all times. However, individual tower showing that satisfactory operation of fences need not be installed if the tow- each station will be obtained without ers are contained within a protective adversely affecting the operation of the property fence. other station(s). [51 FR 2707, Jan. 21, 1986]

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.51 47 CFR Ch. I (10–1–99 Edition)

§ 73.51 Determining operating power. (c) Applications for authority to operate 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 be used on a temporary basis. A nota- in paragraph (c) of this section. tion must be made in the station log (i) Where a dissipative network is indicating the dates of commencement employed, the authorized antenna cur- and termination of measurement using rent and resistance, and the authorized the indirect method of power deter- antenna input power shall be determination. mined at the input terminals of the (e) The antenna input power is deter- dissipative network. mined indirectly by applying an appro- (ii) Where the authorized antenna priate factor to the input power to the input power is less than the nominal last radio-frequency power amplifier power, subject to the conditions set stage of the transmitter, using the fol- forth in paragraph (c) of this section, lowing formula: the transmitter may be operated at the Where: reduced power level necessary to supply the authorized antenna input Antenna input power=Ep×Ip×F power. Ep=DC input voltage of final radio stage.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00020 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.53

Ip=Total DC input current of final radio (Secs. 4, 5, 303, 48 Stat., as amended, 1066, as stage. amended, 1068, 1082, as amended; 47 U.S.C. F= Efficiency factor. 154, 155, 303. Interpret or apply secs. 301, 303, 307, 48 Stat. 1081, 1082, as amended, 47 U.S.C. (1) If the above formula is not appro- 301, 303, 307) priate for the design of the transmitter [37 FR 7516, Apr. 15, 1972, as amended at 42 final amplifier, use a formula specified FR 36827, July 18, 1977; 42 FR 61863, Dec. 7, by the transmitter manufacturer with 1977; 44 FR 36036, June 20, 1979; 47 FR 28387, other appropriate operating param- June 30, 1982; 48 FR 38477, Aug. 24, 1983; 48 FR eters. 44805, Sept. 30, 1983; 49 FR 3999, Feb. 1, 1984; (2) The value of F applicable to each 49 FR 4210, Feb. 3, 1984; 49 FR 49850, Dec. 24, 1984; 50 FR 24521, June 11, 1985; 52 FR 10570, mode of operation must be determined Apr. 2, 1987] and a record kept thereof with a notation as to its derivation. This factor is § 73.53 Requirements for authorization to be established by one of the methods of antenna monitors. described in paragraph (f) of this sec- (a) Antenna monitors shall be tion and retained in the station verified for compliance with the tech- records. nical requirements in this section. The (f) The value of F is to be determined procedure for verification is specified by one of the following procedures list- in subpart J of part 2 of the FCC’s ed in order of preference: rules. (1) If the station had previously been (b) An antenna monitor shall meet authorized and operating by deter- the following specifications: mining the antenna input power by the (1) The monitor shall be designed to direct method, the factor F is the ratio operate in the 535–1705 kHz band. of the antenna input power (deter- (2) The monitor shall be capable of mined by the direct method) to the cor- indicating any phase difference between two RF voltages of the same fre- responding final radio frequency power quency over a range of from 0 to 360°. amplifier input power. (3) The monitor shall be capable of (2) If a station has not been pre- indicating the relative amplitude of viously in regular operation with the two RF voltages. power authorized for the period of indi- (4) The device used to indicate phase rect power determination, if a new differences shall indicate in degrees, transmitter has been installed, or if, and shall be graduated in increments of for any other reason, the determina- 2°, or less. If a digital indicator is pro- tion of the factor F by the method de- vided, the smallest increment shall be scribed in paragraph (f)(1) of this sec- 0.5°, or less. tion is impracticable: (5) The device used to indicate rel- (i) The factor F as shown in the ative amplitudes shall be graudated in transmitter manufacturer’s test re- increments which are 1 percent, or less, port, if such a test report specifies a of the full scale value. If a digital indi- unique value of F for the power level cator is provided, the smallest incre- and frequently used; or ment shall be 0.1 percent, or less, of the (ii) The value determined by ref- full scale value. erence to the following table: (6) The monitor shall be equipped with means, if necessary, to resolve Fac- Method of Maximum rated carrier Class of ambiguities in indication. tor(F) modulation power amplifier (7) If the monitor is provided with 0.70 Plate ...... 1 kW or less ...... more than one RF input terminal in .80 Plate ...... 2.5 kW and over ...... addition to a reference input terminal, .35 Low level ..... 0.25 kW and over ...... B appropriate switching shall be provided .65 Low level ..... 0.25 kW and over ...... BC1 in the monitor so that the signal at .35 Grid ...... 0.25 kW and over ...... each of these RF inputs may be se- 1 All linear amplifier operation where efficiency approaches lected separately for comparison with that of class C operation. the reference input signal. (8) Each RF input of the monitor shall provide a termination of such characteristics that, when connected

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.53 47 CFR Ch. I (10–1–99 Edition)

to a sampling line of an impedance tude ratios in excess of 2:1 and up to specified by the manufacturer the volt- 5:1, ±5 percent of the ratio, or better. age reflection coefficient shall be 3 per- (iv) The repeatability of indication of cent or less. the relative amplitudes of the applied (9) The monitor, if intended for use signals, over a range where the ratio of by stations operating directional an- these amplitudes is between 5:1 and 1:1, tenna systems by remote control, shall shall be ±2 percent of the amplitude be designed so that the switching func- ratio, or better. tions required by paragraph (b)(7) of (v) The modulation of the RF signals this section may be performed from a by a sinusoidal wave of any frequency point external to the monitor, and between 100 and 10,000 Hz, at any ampli- phase and amplitude indications be tude up to 90 percent shall cause no de- provided by external meters. The indi- viation in an indicated phase difference cations of external meters furnished by from its value, as determined without the manufacturer shall meet the speci- modulation, greater than ±0.5°. fications for accuracy and repeat- (12) The performance specifications ability of the monitor itself, and the set forth in paragraph (c)(13) of this connection of these meters to the mon- section, shall be met when the monitor itor, or of other indicating instruments is operated and tested under the fol- with electrical characteristics meeting lowing conditions. the specifications of the monitor man- (i) After continuous operation for 1 ufacturer shall not affect adversely the hour, the monitor shall be calibrated performance of the monitor in any re- and adjusted in accordance with the spect. manufacturer’s instructions. (10) Complete and correct schematic (ii) The monitor shall be subjected to diagrams and operating instructions variations in ambient temperature be- shall be retained by the party respon- tween the limits of 10 and 40°C; exter- sible for verification of the equipment nal meters furnished by the manufac- and submitted to the FCC upon re- turer will be subjected to variations be- quest. For the purpose of equipment tween 15 and 30°C. authorization, these diagrams and in- (iii) Powerline supply voltage shall structions shall be considered as part be varied over a range of from 10 per- of the monitor. 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. to 1:1, and ±2°, or better, for signal am- (vii) Repeatability shall be deter- plitude ratios in excess of 2:1 and up to mined as that which may be achieved 5:1. under the specified test conditions over (ii) The repeatability of indication of a period of 7 days, during which no any difference in the phases of the ap- calibration or adjustment of the in- plied signals shall be ±1°, or better. strument, subsequent to the initial (iii) The accuracy with which the rel- calibration, shall be made. ative amplitudes of the applied signals (viii) The effects of modulation of the is indicated, over a range in which the RF signal shall be separately deter- ratio of these amplitudes is between 2:1 mined, and shall not be included in es- and 1:1, shall be ±2 percent of the am- tablishing values for accuracy and re- plitude ratio, or better, and for ampli- peatability.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00022 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.54

(c) A station determined to have a (c)(1) The resistance of an antenna critical directional antenna must use shall be determined by the following an antenna monitor having high toler- procedure: A series of discrete meas- ance characteristics determined on an urements shall be made over a band of individual basis, and specified on the frequencies extending from approxi- station authorization. Such monitors mately 25 kHz below the operating fre- are not subject to the authorization of quency to approximately 25 kHz above paragraph (a), however they may be that frequency, at intervals of approxi- used only at the station for which they mately 5 kHz. The measured values were specified. shall be plotted on a linear graph, with frequency as the abscissa and resist- NOTE: In paragraph (b)(1) of this section, the requirement that monitors be capable of ance as the ordinate. A smooth curve operation in the 535–1705 kHz band shall shall be drawn through the plotted val- apply only to equipment manufactured after ues. The resistance value cor- July 1, 1992. Use of a monitor in the 1605–1705 responding to the point of intersection kHz band which is not approved for such op- of the curve and the ordinate rep- eration will be permitted pending the gen- resenting the operating frequency of eral availability of 535–1705 kHz band mon- the station shall be the resistance of itors if a manufacturer can demonstrate, in the antenna. the interim, that its monitor performs in accordance with the standards in this section (2) For a directional antenna, the re- on these 10 channels. actance of the antenna shall be determined by a procedure similar to that (Secs. 4, 5, 303, 48 Stat., as amended, 1066, described in paragraph (c)(1) of this 1068, 1082 (47 U.S.C. 154, 155, 303)) section. [38 FR 1917, Jan. 19, 1973, as amended at 49 (d) A letter of notification must be FR 3999, Feb. 1, 1984; 49 FR 29069, July 18, filed with the FCC in Washington, DC, 1984; 50 FR 32416, Aug. 12, 1985; 50 FR 47054, Attention: Audio Services Division, Nov. 14, 1985; 51 FR 2707, Jan. 21, 1986; 56 FR Mass Media Bureau, when determining 64859, Dec. 12, 1991; 57 FR 43290, Sept. 18, 1992; power by the direct method pursuant 60 FR 55480, Nov. 1, 1995; 63 FR 36604, July 7, to § 73.51 and must specify the antenna 1998] or common point resistance at the operating frequency. The following infor- § 73.54 Antenna resistance and react- mation must also be kept on file at the ance measurements. station: (a) The resistance of an (1) A full description of the method omnidirectional series fed antenna is used to make measurements. measured at either the base of the an- (2) A schematic diagram showing tenna without intervening coupling or clearly all components of coupling cir- tuning networks, or at the point the cuits, the point of resistance measure- transmission line connects to the out- ment, the location of the antenna am- put terminals of the transmitter. The meter, connections to and characteris- resistance of a shunt excited antenna tics of all tower lighting isolation cir- may be measured at the point the radio cuits, static drains, and any other fix- frequency energy is transferred to the tures connected to and supported by feed wire circuit or at the output ter- the antenna, including other antennas minals of the transmitter. and associated networks. Any network (b) The resistance and reactance of a or circuit component used to dissipate directional antenna shall be measured radio frequency power shall be specifi- at the point of common radiofrequency cally identified, and the impedances of input to the directional antenna sys- all components which control the level tem. The following conditions shall ob- of power dissipation, and the effective tain: input resistance of the network must (1) The antenna shall be finally ad- be indicated. justed for the required radiation pat- (e) AM stations using direct reading tern. power meters in accordance with (2) The reactance at the operating § 73.51, can either submit the informa- frequency and at the point of measure- tion required by paragraph (d) of this ment shall be adjusted to zero, or as section or submit a statement indi- near thereto as practicable. cating that such a meter is being used.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00023 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.57 47 CFR Ch. I (10–1–99 Edition)

Subsequent station licenses will indi- terminated directly into the excitation cate the use of a direct reading power circuit feed line, which shall employ meter in lieu of the antenna resistance series tuning only (no shunt circuits of value in such a situation. any type shall be employed) and inso- [34 FR 18305, Nov. 15, 1969, as amended at 37 far as practicable, the type and scale of FR 7517, Apr. 15, 1972; 45 FR 26062, Apr. 17, the transmission line meter should be 1980; 49 FR 49850, Dec. 24, 1984; 50 FR 32416, the same as those of the excitation cir- Aug. 12, 1985; 51 FR 2707, Jan. 21, 1986; 51 FR cuit feed line meter (meter in slant 26250, July 22, 1986; 63 FR 33876, June 22, 1998] wire feed line or equivalent). (d) Each remote reading ammeter § 73.57 Remote reading antenna and shall be accurate to within 2 percent of common point ammeters. the value read on its corresponding Remote reading antenna and com- regular ammeter. mon point ammeters may be used with- (e) All remote reading ammeters out further authority according to the shall conform with the specifications following conditions: for regular antenna ammeters. (a) Remote reading antenna or com- (f) Meters with arbitrary scale divi- mon point ammeters may be provided sions may be used provided that cali- by: bration charts or curves are provided (1) Inserting second radio frequency at the transmitter control point show- current sensing device directly in the ing the relationship between the arbi- antenna circuit with remote leads to trary scales and the reading of the the indicating instruments. main meters. (2) Inductive coupling to radio fre- (g) If a malfunction affects the re- quency current sensing device for promote reading indicators of the antenna viding direct current to indicating in- or common point ammeter, the oper- strument. ating power may be determined by a (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 instrument. [41 FR 36817, Sept. 1, 1976, as amended at 48 (4) Current transformer connected to FR 38477, Aug. 24, 1983; 49 FR 49850, Dec. 24, radio frequency current sensing device 1984; 50 FR 32416, Aug. 12, 1985; 60 FR 55480, for providing direct current to indi- Nov. 1, 1995] cating instrument. § 73.58 Indicating instruments. (5) Using transmission line current meter at transmitter as remote reading (a) Each AM broadcast station must ammeter. See paragraph (c) of this sec- be equipped with indicating instru- tion. ments which conform with the speci- (6) Using the indications of the an- fications described in § 73.1215 for deter- tenna (phase) monitor, provided that mining power by the direct and indi- when the monitor is used to obtain re- rect methods, and with such other in- mote reading indication of non-direc- struments as are necessary for the tional antenna base current, the mon- proper adjustment, operation, and itor calibration can be independently maintenance of the transmitting sys- made and maintained for each mode of tem. However, auxiliary transmitters operation. with a nominal power rating of 100 (b) Devices used for obtaining remote watts or less are not required to be reading antenna or common point cur- equipped with instruments to deter- rent indications, except antenna mon- mine power by the indirect method itor coupling elements, shall be located provided that the licensee can deter- at the same point as, but below (trans- mine the antenna input power at all mitter side) the associated main am- times. meter. (b) A thermocouple type ammeter or (c) In the case of shunt-excited another device capable of providing an in- tennas, the transmission line current dication of radio frequency current, meter at the transmitter may be con- meeting the requirements of § 73.1215, sidered as the remote antenna amme- shall be installed at the base of each ter provided the transmission line is antenna element. A suitable jack and

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00024 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.62

plug arrangement may be used to per- ington, DC, Attention: Audio Services mit removal of the meter from the an- Division, Mass Media Bureau, to re- tenna circuit thereby protecting it quest additional time as may be re- from damage by lighting. quired to complete repairs of the defec- (c) Since it is usually impractical to tive instrument. measure the actual antenna current of a shunt excited antenna system, the [41 FR 36817, Sept. 1, 1976, as amended at 48 current measured at the input of the FR 38477, Aug. 24, 1983; 49 FR 49850, Dec. 24, 1984; 50 FR 32416, Aug. 12, 1985; 51 FR 2707, excitation circuit feed line is accepted Jan. 21, 1986; 53 FR 2498, Jan. 28, 1988; 63 FR as the antenna current. 33876, June 22, 1998] (d) The function of each instrument shall be clearly and permanently § 73.61 AM directional antenna field shown on the instrument itself or on strength measurements. the panel immediately adjacent there- (a) Each AM station using a direc- to. tional antenna must make field (e) In the event that any one of these strength measurements at the moni- indicating instruments becomes defec- toring point locations specified in the tive when no substitute which con- instrument of authorization, as often forms with the required specifications is available, the station may be oper- as necessary to ensure that the field at ated without the defective instrument those points does not exceed the values pending its repair or replacement for a specified in the station authorization. period not in excess of 60 days without Additionally, stations not having an further authority of the Commission: approved sampling system must make Provided, That: the measurements once each calendar (1) If the defective instrument is an quarter at intervals not exceeding 120 antenna base current ammeter of a di- days. The provision of this paragraph rectional antenna system, the indica- supersedes any schedule specified on a tions may be obtained from the an- station license issued prior to January tenna monitor pending the return to 1, 1986. The results of the measure- service of the regular meter, provided ments are to be entered into the sta- other parameters are maintained at tion log pursuant to the provisions of their normal values. § 73.1820. (2) If the defective instrument is the (b) Partial proof of performance antenna current meter of a non-direc- measurements using the procedures de- tional station which does not employ a scribed in § 73.154 must be made when- remote antenna ammeter, or if the de- ever the licensee has reason to believe fective instrument is the common that the radiated field may be exceed- point meter of a station which employs ing the limits for which the station a directional antenna and does not em- was most recently authorized to oper- ploy a remote common point meter, ate. the operating power shall be deter- (c) A station may be directed to mined by a method described in make a partial proof of performance by § 73.51(a)(1) or (d) during the entire time the FCC whenever there is an indica- the station is operated without the an- tion that the antenna is not operating tenna current meter or common point as authorized. meter. However, if a remote meter is employed and the antenna current am- [50 FR 47054, Nov. 14, 1985] meter or common point meter becomes defective, the remote meter can be § 73.62 Directional antenna system tolerances. used to determine operating power pending the return to service of the (a) Each AM station operating a di- regular meter. rectional antenna must maintain the (f) If conditions beyond the control of indicated relative amplitudes of the the licensee prevent the restoration of antenna base currents and antenna the meter to service within the above monitor currents within 5% of the val- allowed period, information requested ues specified therein. Directional an- in accordance with § 73.3549 may be tenna relativephase currents must be filed by letter with the FCC in Wash- maintained to within ±3° of the values

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00025 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.68 47 CFR Ch. I (10–1–99 Edition)

specified on the instrument of author- repairs or adjustment and proofing pro- ization, unless other tolerances are cedures), the licensee shall, before such specified therein. activity is undertaken, obtain an STA in (b) Whenever the operating param- accordance with § 73.1635 in order to op- eters of a directional antenna cannot erate with parameters at variance and/ be maintained within the tolerances or with reduced power as required to specified in paragraph (a) of this sec- maintain all monitoring points within tion, the following procedures will their specified limits. apply: (1) The licensee shall measure and log [50 FR 30946, July 31, 1985, as amended at 60 FR 55480, Nov. 1, 1995] every monitoring point at least once for each mode of directional operation. § 73.68 Sampling systems for antenna Subsequent variations in operating pa- monitors. rameters will require the remeasuring and logging of every monitoring point (a) Each AM station permittee au- to assure that the authorized moni- thorized to construct a new directional toring point limits are not being ex- antenna system, must install the sam- ceeded. pling system in accordance with the (2) Provided each monitoring point is following specifications: within its specified limit, operation (1) Devices used to extract or sample may continue for a period up to 30 days the current and the transmission line before a request for Special Temporary connecting the sampling elements to Authority (STA) must be filed, pursu- the antenna monitor must provide ac- ant to paragraph (b)(4) of this section, curate and stable signals to the mon- to operate with parameters at variance itor (e.g., rigidly mounted and non-ro- from the provisions of paragraph (a) of tatable loops and all system compo- this section. nents protected from physical and en- (3) If any monitoring point exceeds vironmental disturbances). its specified limit, the licensee must ei- (2) Sampling lines for critical direc- ther terminate operation within 3 tional antennas (see § 73.14) must be of hours or reduce power in accordance uniform length. Sampling lines for with the applicable provisions of non-critical directional antennas may § 73.1350(d), in order to eliminate any be of different lengths provided the possibility of interference or excessive phase difference of signals at the mon- ° radiation in any direction. itor are less than 0.5 between the (4) If operation pursuant to para- shortest and longest cable lengths due graph (b)(3) of this section is necessary, to temperature variations to which the or before the 30 day period specified in system is exposed. paragraph (b)(2) of this section expires, (3) Other configurations of sampling the licensee must request a Special systems may be used upon demonstra- Temporary Authority (STA) in accord- tion of stable operation to the FCC. ance with § 73.1635 to continue oper- (b) A station having an antenna sam- ation with parameters at variance and/ pling system constructed according to or with reduced power along with a the specifications given in paragraph statement certifying that all moni- (a) of this section may obtain approval toring points will be continuously of that system by submitting an infor- maintained within their specified lim- mal letter request to the FCC in Wash- its. ington, DC, Attention: Audio Services (5) The licensee will be permitted 24 Division, Mass Media Bureau. The re- hours to accomplish the actions speci- quest for approval, signed by the li- fied in paragraph (b)(1) of this section; censee or authorized representative, provided that, the date and time of the must contain sufficient information to failure to maintain proper operating show that the sampling system is in parameters has been recorded in the compliance with all requirements of station log. paragraph (a) of this section.

(c) In any other situation in which it NOTE TO PARAGRAPH (B): A public notice might reasonably be anticipated that dated December 9, 1985 giving additional in- the operating parameters might vary formation on approval of antenna sampling out of tolerance (such as planned array systems is available through the Internet at

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.69

http://www.fcc.gov/mmb/asd/decdoc/letter/ date of sampling system modification 1985–12–09—sample.html. or replacement. Such request shall (c) In the event that the antenna specify the transmitter plate voltage monitor sampling system is tempo- and plate current, common point cur- rarily out of service for repair or re- rent, base currents and their ratios, an- placement, the station may be oper- tenna monitor phase and current indi- ated, pending completion of repairs or cations, and all other data obtained replacement, for a period not exceeding pursuant to this paragraph. 120 days without further authority (e) If an existing sampling system is from the FCC if all other operating pa- found to be patently of marginal con- rameters and the field monitoring struction, or where the performance of point values are within the limits spec- a directional antenna is found to be un- ified on the station authorization. satisfactory, and this deficiency rea- (d) If the antenna sampling system is sonably may be attributed, in whole or modified or components of the sam- in part, to inadequacies in the antenna pling system are replaced, the fol- monitoring system, the FCC may re- lowing procedure shall be followed: (1) Special Temporary Authority (see quire the reconstruction of the sam- § 73.1635) shall be requested and ob- pling system in accordance with retained from the Commission’s Audio quirements specified above. Services Division, Mass Media Bureau [41 FR 7405, Feb. 18, 1976, as amended at 42 in Washington to operate with param- FR 24056, May 12, 1977; 44 FR 58731, Oct. 11, eters at variance with licensed values 1979; 46 FR 35462, July 8, 1981; 48 FR 38478, pending issuance of a modified license Aug. 24, 1983; 48 FR 44805, Sept. 30, 1983; 49 FR specifying parameters subsequent to 32358, Aug. 14, 1984; 50 FR 47054, Nov. 14, 1985; modification or replacement of compo- 51 FR 9965, Mar. 24, 1986; 51 FR 40435, Nov. 7, nents. 1986; 56 FR 64859, Dec. 12, 1991; 63 FR 33876, (2) Immediately prior to modification June 22, 1998] or replacement of components of the sampling system not on the towers, § 73.69 Antenna monitors. and after a verification that all moni- (a) Each station using a directional toring point values, base current ratios antenna must have in operation at the and operating parameters are within transmitter site an FCC authorized an- the limits or tolerances specified in the tenna monitor. However, if the station instrument of authorization or the per- authorization sets specific tolerances tinent rules, the following indications within which the phase and amplitude must be read for each radiation pat- relationships must be maintained, or tern: Final plate current and plate requires the use of a monitor of speci- voltage, common point current, base fied repeatability, resolution or accu- currents and their ratios, antenna racy, the antenna monitor used will be monitor phase and current indications, authorized on an individual basis. and the field strength at each moni- (1) Normally, the antenna monitor is toring point. Subsequent to these to be installed immediately adjacent to modifications or changes the above the transmitter and antenna phasing procedure must be repeated. equipment. However, the monitor may (3) If that portion of the sampling system above the base of the towers is be located elsewhere provided that its modified or components replaced, a environment is maintained at all times partial proof of performance shall be within those limits under which the executed in accordance with § 73.154 monitor was type-approved. subsequent to these changes. The par- (2) The antenna monitor installed at tial proof of performance shall be ac- a station operating a directional an- companied by common point imped- tenna by remote control or when the ance measurements made in accord- monitor is installed in the antenna ance with § 73.54. field at a distance from the trans- (4) Request for modification of li- mitter, must be designed and author- cense shall be submitted to the FCC in ized for such use in accordance with Washington, DC, within 30 days of the the provisions of § 73.53(b)(9).

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00027 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.72 47 CFR Ch. I (10–1–99 Edition)

(b) In the event that the antenna within the tolerances or limits pre- monitor sampling system is tempo- scribed by the rules and the instrument rarily out of service for repair or re- of authorization, or if the substitution placement, the station may be oper- of the new antenna monitor for the old ated, pending completion of repairs or results in changes in these parameters, replacement, for a period not exceeding a partial proof of performance shall be 120 days without further authority executed and analyzed in accordance from the FCC if all other operating pa- with § 73.154. rameters, and the field monitoring (5) An informal letter request for point values are within the limits spec- modification of license shall be sub- ified on the station authorization. mitted to the FCC, Attention: Audio (c) If conditions beyond the control Services Division, Mass Media Bureau of the licensee prevent the restoration in Washington, DC within 30 days of of the monitor to service within the al- the date of monitor replacement. Such lowed period, an informal letter re- request shall specify the make, type, quest in accordance with § 73.3549 of the and serial number of the replacement Commission’s rules must be filed with monitor, phase and sample current in- the FCC, Attention: Audio Services Di- dications, and other data obtained pur- vision, Mass Media Bureau in Wash- suant to paragraph (d) of this section. ington, DC for such additional time as (e) The antenna monitor must be may be required to complete repairs of the defective instrument. calibrated according to the manufac- (d) If an authorized antenna monitor turer’s instructions as often as nec- is replaced by another antenna mon- essary to ensure its proper operation. itor, the following procedure shall be (Secs. 4, 5, 303, 48 Stat., as amended, 1066, followed: 1068, as amended, 1082, as amended; 47 U.S.C. (1) Temporary authority shall be re- 154, 303. Interpret or apply secs. 301, 303, 307, quested and obtained from the Com- 48 Stat. 1081, 1082, as amended, 1083, as mission in Washington to operate with amended, 47 U.S.C. 301, 303, 307) parameters at variance with licensed [38 FR 1918, Jan. 19, 1973, as amended at 40 values, pending issuance of a modified FR 15884, Apr. 8, 1975; 40 FR 25459, June 16, license specifying new parameters. 1975; 40 FR 27939, July 2, 1975; 41 FR 22942, (2) Immediately prior to the replace- June 8, 1976; 41 FR 32892, Aug. 6, 1976; 43 FR ment of the antenna monitor, after a 4022, Jan. 31, 1978; 45 FR 26062, Apr. 17, 1980; verification that all monitoring point 48 FR 38478, Aug. 24, 1983; 49 FR 3999, Feb. 1, values and base current ratios are 1984; 50 FR 47054, Nov. 14, 1985; 51 FR 9965, within the limits or tolerances speci- Mar. 24, 1986; 56 FR 64859, Dec. 12, 1991; 60 FR 55480, Nov. 1, 1995; 63 FR 33876, June 22, 1998] fied in the instrument of authorization or the pertinent rules, the following in- § 73.72 Operating during the experi- dications must be read for each radi- mental period. ation pattern: Final plate current and plate voltage, common point current, (a) An AM station may operate dur- base currents, antenna monitor phase ing the experimental period (the time and current indications, and the field between midnight and sunrise, local strength at each monitoring point. time) on its assigned frequency and (3) With the new monitor substituted with its authorized power for the rou- for the old, all indications specified in tine testing and maintenance of its paragraph (d)(2) of this section, again transmitting system, and for con- must be read. If no change has occurred ducting experimentation under an ex- in the indication for any parameter perimental authorization, provided no other than the indications of the an- interference is caused to other stations tenna monitor, the new antenna mon- maintaining a regular operating sched- itor indications must be deemed to be ule within such period. those reflecting correct array adjust- (b) No station licensed for ‘‘daytime’’ ments. or ‘‘specified hours’’ of operation may (4) If it cannot be established by the broadcast any regular or scheduled pro- observations required in paragraph gram during this period. (d)(2) of this section that base current (c) The licensee of an AM station ratios and monitoring point values are shall operate or refrain from operating

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00028 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.99

its station during the experimental pe- local time, or at sunrise at the nearest riod as directed by the FCC to facili- Class A station located east of the tate frequency measurements or for Class D station (whichever is later), the determination of interference. and to continue such operation until [43 FR 32780, July 28, 1978, as amended at 56 the sunrise times specified in their FR 64859, Dec. 12, 1991] basic instruments of authorization. (4) Class B and Class D stations on re- § 73.88 Blanketing interference. gional channels to commence PSRA The licensee of each broadcast sta- operation at 6 a.m. local time and to tion is required to satisfy all reason- continue such operation until local able complaints of blanketing inter- sunrise times specified in their basic ference within the 1 V/m contour. instruments of authorization. (c) Extended Daylight Saving Time NOTE: For more detailed instructions concerning operational responsibilities of licens- Pre-Sunrise Authorizations: ees and permittees under this section, see (1) Between the first Sunday in April § 73.318 (b), (c) and (d). and the end of the month of April, Class D stations will be permitted to [28 FR 13574, Dec. 14, 1963, as amended at 56 conduct pre-sunrise operation begin- FR 64859, Dec. 12, 1991] ning at 6 a.m. local time with a max- § 73.99 Presunrise service authoriza- imum power of 500 watts (not to exceed tion (PSRA) and postsunset service the station’s regular daytime or crit- authorization (PSSA). ical hours power), reduced as necessary (a) To provide maximum uniformity to comply with the following require- in early morning operation compatible ments: with interference considerations, and (i) Full protection is to be provided to provide for additional service during as specified in applicable international early evening hours for Class D sta- agreements. tions, provisions are made for (ii) Protection is to be provided to presunrise service and postsunset serv- the 0.5 mV/m groundwave signals of co- ice. The permissible power for channel U.S. Class A stations; protec- presunrise or postsunset service au- tion to the 0.5 mV/m-50% skywave con- thorizations shall not exceed 500 watts, tours of these stations is not required. or the authorized daytime or critical (iii) In determining the protection to hours power (whichever is less). Cal- be provided, the effect of each inter- culation of the permissible power shall fering signal will be evaluated sepa- consider only co-channel stations for rately. The presence of interference interference protection purposes. from other stations will not reduce or (b) Presunrise service authorizations eliminate the required protection. (PSRA) permit: (iv) Notwithstanding the require- (1) Class D stations operating on ments of paragraph (c)(1) (ii) and (iii) Mexican, Bahamian, and Canadian pri- of this section, the stations will be per- ority Class A clear channels to committed to operate with a minimum mence PSRA operation at 6 a.m. local power of 10 watts unless a lower power time and to continue such operation is required by international agreement. until the sunrise times specified in their basic instruments of authoriza- (2) The Commission will issue appro- tion. priate authorizations to Class D sta- (2) Class D stations situated outside tions not previously eligible to operate 0.5 mV/m-50% skywave contours of co- during this period. Class D stations au- channel U.S. Class A stations to com- thorized to operate during this mence PSRA operation at 6 a.m. local presunrise period may continue to op- time and to continue such operation erate under their current authoriza- until sunrise times specified in their tion. basic instruments of authorization. (d) Postsunset service authorizations (3) Class D stations located within (PSSA) permit: co-channel 0.5 mV/m-50% skywave con- (1) Class D stations located on Mexi- tours of U.S. Class A stations, to com- can, Bahamian, and Canadian priority mence PSRA operation either at 6 a.m. Class A clear channels to commence

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00029 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.99 47 CFR Ch. I (10–1–99 Edition)

PSSA operation at sunset times speci- (2) Upon submission of the required fied in their basic instruments of au- information, such operation may begin thorization and to continue for two without further authority. hours after such specified times. (f) Technical criteria. Calculations to (2) Class D stations situated outside determine whether there is objection- 0.5 mV/m-50% skywave contours of co- able interference will be determined in channel U.S. Class A stations to com- accordance with the AM Broadcast mence PSSA operations at sunset Technical Standards, §§ 73.182 through times specified in their basic instru- 73.190, and applicable international ments of authorization and to continue agreements. Calculations will be per- for two hours after such specified formed using daytime antenna sys- times. tems, or critical hours antenna sys- (3) Class D stations located within tems when specified on the license. In co-channel 0.5 mV/m-50% skywave con- performing calculations to determine tours of U.S. Class A stations to com- assigned power and times for commence PSSA operation at sunset times mencement of PSRA and PSSA oper- specified in their basic instruments of ation, the following standards and cri- authorization and to continue such op- teria will be used: eration until two hours past such spec- (1) Class D stations operating in ac- ified times, or until sunset at the near- cordance with paragraphs (b)(1), (b)(2), est Class A station located west of the (d)(1), and (d)(2) of this section are re- Class D station, whichever is earlier. quired to protect the nighttime 0.5 mV/ Class D stations located west of the m-50% skywave contours of co-channel Class A station do not qualify for Class A stations. Where a 0.5 mV/m-50% PSSA operation. skywave signal from the Class A sta- (4) Class D stations on regional chan- tion is not produced, the 0.5 mV/m nels to commence PSSA operation at groundwave contour shall be protected. sunset times specified on their basic in- (2) Class D stations are required to struments of authorization and to con- fully protect foreign Class B and Class tinue such operation until two hours C stations when operating PSRA and past such specified times. PSSA; Class D stations operating (e) Procedural Matters. (1) Applica- PSSA are required to fully protect U.S. tions for PSRA and PSSA operation Class B stations. For purposes of deter- are not required. Instead, the FCC will mining protection, the nighttime RSS calculate the periods of such operation limit will be used in the determination and the power to be used pursuant to of maximum permissible power. the provisions of this section and the (3) Class D stations operating in ac- protection requirements contained in cordance with paragraphs (d)(2) and applicable international agreements. (d)(3) of this section are required to re- Licensees will be notified of permis- strict maximum 10% skywave radi- sible power and times of operation. ation at any point on the daytime 0.1 Presunrise and Postsunset service au- mV/m groundwave contour of a co- thority permits operation on a sec- channel Class A station to 25 µV/m. The ondary basis and does not confer li- location of the 0.1 mV/m contour of the cense rights. No request for such au- Class A station will be determined by thority need be filed. However, stations use of Figure M3, Estimated Ground intending to operate PSRA or PSSA Conductivity in the United States. When shall submit by letter, signed as speci- the 0.1 mV/m contour extends beyond fied in § 73.3513, the following informa- the national boundary, the inter- tion: national boundary shall be considered (i) Licensee name, station call letters the 0.1 mV/m contour. and station location, (4) Class B and Class D stations on re- (ii) Indication as to whether PSRA gional channels operating PSRA and operation, PSSA operation, or both, is PSSA (Class D only) are required to intended by the station, provide full protection to co-channel (iii) A description of the method foreign Class B and Class C stations. whereby any necessary power reduc- (5) Class D stations on regional chan- tion will be achieved. nels operating PSSA beyond 6 p.m.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00030 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.127

local time are required to fully protect extend beyond the term of the basic au- U.S. Class B stations. thorization. (6) The protection that Class D sta- (j) The Commission will periodically tions on regional channels are required recalculate maximum permissible to provide when operating PSSA until power and times for commencing PSRA 6 p.m. local time is as follows. and PSSA for each Class D station op- (i) For the first half-hour of PSSA erating in accordance with paragraph operation, protection will be calculated (c) of this section. The Commission at sunset plus 30 minutes at the site of will calculate the maximum power at the Class D station; which each individual station may con- (ii) For the second half-hour of PSSA duct presunrise operations during ex- operation, protection will be calculated tended daylight saving time and shall at sunset plus one hour at the site of issue conforming authorizations. These the Class D station; original notifications and subsequent (iii) For the second hour of PSSA op- notifications should be associated with eration, protection will be calculated the station’s authorization. Upon noti- at sunset plus two hours at the site of fication of new power and time of com- the Class D station; mencing operation, affected stations (iv) Minimum powers during the pe- shall make necessary adjustments riod until 6 p.m. local time shall be within 30 days. permitted as follows: (k) A PSRA and PSSA does not require compliance with §§ 73.45, 73.182 Calculated power Adjusted minimum power and 73.1560 where the operation might otherwise be considered as technically From 1 to 45 watts ...... 50 watts. Above 45 to 70 watts ...... 75 watts. substandard. Further, the require- Above 70 to 100 watts ...... 100 watts. ments of paragraphs (a)(5), (b)(2), (c)(2), and (d)(2) of § 73.1215 concerning the (7) For protection purposes, the scale ranges of transmission system in- nighttime 25% RSS limit will be used dicating instruments are waived for in the determination of maximum per- PSRA and PSSA operation except for missible power. the radio frequency ammeters used in (g) Calculations made under para- determining antenna input power. graph (d) of this section may not take (1) A station having an antenna mon- outstanding PSRA or PSSA operations itor incapable of functioning at the au- into account, nor will the grant of a thorized PSRA and PSSA power when PSRA or PSSA confer any degree of in- using a directional antenna shall take terference protection on the holder the monitor reading using an thereof. unmodulated carrier at the authorized (h) Operation under a PSRA or PSSA daytime power immediately prior to is not mandatory, and will not be in- commencing PSRA or PSSA oper- cluded in determining compliance with ations. Special conditions as the FCC the requirements of § 73.1740. To the ex- may deem appropriate may be included tent actually undertaken, however, for PSRA or PSSA to insure operation presunrise operation will be considered of the transmitter and associated by the FCC in determining overall equipment in accordance with all compliance with past programming phases of good engineering practice. representations and station policy con- [56 FR 64860, Dec. 12, 1991; 57 FR 43290, Sept. cerning commercial matter. 18, 1992, as amended at 58 FR 27950, May 12, (i) The PSRA or PSSA is secondary 1993] to the basic instrument of authorization with which it is to be associated. § 73.127 Use of multiplex transmission. The PSRA or PSSA may be suspended, The licensee of an AM broadcast sta- modified, or withdrawn by the FCC tion may use its AM carrier to trans- without prior notice or right to hear- mit signals not audible on ordinary ing, if necessary to resolve interference consumer receivers, for both broadcast conflicts, to implement agreements and non-broadcast purposes subject to with foreign governments, or in other the following requirements: circumstances warranting such action. (a) Such use does not disrupt or de- Moreover, the PSRA or PSSA does not grade the station’s own programs or

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00031 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.128 47 CFR Ch. I (10–1–99 Edition)

the programs of other broadcast sta- § 73.128 AM stereophonic broad- tions. casting. (b) AM carrier services that are com- (a) An Am broadcast station may, mon carrier in nature are subject to without specific authority from the common carrier regulation. Licensees FCC, transmit stereophonic programs operating such services are required to upon installation of type accepted apply to the FCC for the appropriate stereophonic transmitting equipment authorization and to comply with all and the necessary measuring equip- policies and rules applicable to the ment to determine that the stereo- service. Responsibility for making the phonic transmissions conform to the initial determinations of whether a modulation characteristics specified in particular activity is common carriage paragraphs (b) and (c) of this section. rests with the AM station licensee. Ini- Stations transmitting stereophonic tial determinations by licensees are programs prior to March 21, 1994 may subject to FCC examination and may continue to do so until March 21, 1995 be reviewed at the FCC’s discretion. as long as they continue to comply AM carrier services that are private with the rules in effect prior to March carrier in nature must notify the Li- 21, 1994. censing Division of the Private Radio (b) The following limitations on the Bureau at Gettysburg, Pennsylvania transmitted wave must be met to in- 17325, by letter, prior to initiating serv- sure compliance with the occupied ice certifying compliance with 47 CFR bandwidth limitations, compatibility parts 90 and 94. with AM receivers using envelope de- (c) AM carrier services are of a sec- tectors, and any applicable inter- ondary nature under the authority of national agreements to which the FCC the AM station authorization, and the is a party: authority to provide such communica- (1) The transmitted wave must meet tions services may not be retained or the occupied bandwidth specifications transferred in any manner separate of § 73.44 under all possible conditions from the station’s authorization. The of program modulation. Compliance grant or renewal of an AM station per- with requirement shall be dem- mit or license is not furthered or pro- onstrated either by the following spe- moted by proposed or past service. The cific modulation tests or other docu- permittee or licensee must establish mented test procedures that are to be that the broadcast operation is in the fully described in the application for public interest wholly apart from the type acceptance and the transmitting subsidiary communications services equipment instruction manual. (See provided. § 2.983(d)(8) and (j)). (d) The station identification, de- (i) Main channel (L+R) under all con- layed recording, and sponsor identifica- ditions of amplitude modulations for tion announcements required by the stereophonic system but not ex- §§ 73.1201, 73.1208, and 73.1212 are not ap- ceeding amplitude modulation on nega- plicable to leased communications tive peaks of 100%. services transmitted via services that (ii) Stereophonic (L¥R) modulated are not of a general broadcast program with audio tones of the same amplitude nature. at the transmitter input terminals as (e) The licensee or permittee must in paragraph (b)(i) of this section but retain control over all material trans- with the phase of either the L or R mitted in a broadcast mode via the sta- channel reversed. tion’s facilities, with the right to re- (iii) Left and Right Channel only, ject any material that it deems inap- under all conditions of modulation for propriate or undesirable. the stereophonic system in use but not (f) Installation of the multiplex exceeding amplitude modulation on transmitting equipment must conform negative peaks of 100%. with the requirements of § 73.1690(e). (c) Effective on December 20, 1994, [47 FR 25345, June 11, 1982, as amended at 49 stereophonic transmissions shall con- FR 34015, Aug. 28, 1984; 51 FR 41629, Nov. 18, form to the following additional modu- 1986; 51 FR 44478, Dec. 10, 1986] lation characteristics:

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.128

(1) The audio response of the main sponse limitations dictated by ANSI/ (L+R) channel shall conform to the re- EIA–549–1988. quirements of the ANSI/EIA–549–1988, (3) The stereophonic difference NRSC–1 AM Preemphasis/Deemphasis (L¥R) information shall be trans- and Broadcast Transmission Band- mitted by varying the phase of the car- width Specifications (NRSC–1). rier in accordance with the following (2) The left and right channel audio relationship: signals shall conform to frequency re-

−  mL(()tt− R ()) φ=tan 1  1++mL(()tt R ())

where: present on the opposite channel L(t)=audio signal left channel, (L(t)=¥0.75, R(t)=0, or R(t)=¥0.75, R(t)=audio signal right channel, L(t)=0) shall not exceed 1.25 radians. m=modulation factor, and (6) A peak phase modulation of +/ mpeak(L(t)+R(t))=1 for 100% amplitude ¥0.785 radians under the condition of modulation, difference (L¥R) channel modulation mpeak(L(t)¥R(t))=1 for 100% phase mod- and the absence of envelope (L+R) modulation. ulation and pilot signal shall represent (4) The carrier phase shall advance in 100% modulation of the difference a positive direction when a left channel channel. signal causes the transmitter envelope (7) The composite signal shall con- to be modulated in a positive direction. tain a pilot tone for indication of the The carrier phase shall likewise retard presence of stereophonic information. (negative phase change) when a right The pilot tone shall consist of a 25 Hz channel signal causes the transmitter tone, with 3% or less total harmonic envelope to be modulated in a positive distortion and a frequency tolerance of direction. The phase modulation shall +/¥ 0.1 H2, which modulates the carrier be symmetrical for the condition of dif- phase +/¥ 0.05 radians peak, cor- ference (L¥R) channel information responding to 5% L¥R modulation sent without the presence of envelope when no other modulation is present. modulation. The injection level shall be 5%, with a (5) Maximum angular modulation, tolerance of +1, ¥1%. which occurs on negative peaks of the (8) The composite signal shall be de- left or right channel with no signal 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 

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00033 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.132 47 CFR Ch. I (10–1–99 Edition)

where: Cdn=the magnitude of the nth term of A=the unmodulated carrier voltage the difference signal ω m=the modulation index sn=the nth order angular velocity of the sum signal C =the magnitude of the nth term of sn ω =the nth order angular velocity of the sum signal dn the difference signal ωc=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 

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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00034 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.150

plane, and where pertinent, tabulated (i) The standard radiation pattern values for the azimuthal radiation pat- shall be based on the theoretical radi- terns for angles of elevation up to and ation pattern. The theoretical radi- including 60 degrees, with a separate ation pattern shall be calculated in ac- section for each increment of 5 degrees. cordance with the following mathematical expression:

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

where: 2 φ θ 2 E( , )th Represents the theoretical inverse EEQ()φθ,.= 105 []() φθ ,+ distance fields at one kilometer for the std th given azimuth and elevation. k Represents the multiplying constant (Eq. 2) which determines the basic pattern size. where: It shall be chosen so that the effective E(φ,θ)std represents the inverse dis- field (RMS) of the theoretical pattern in tance fields at one kilometer which are the horizontal plane shall be no greater produced by the directional antenna in than the value computed on the assump- the horizontal and vertical planes. tion that nominal station power (see E(φ,θ)th represents the theoretical in- § 73.14) is delivered to the directional verse distance fields at one kilometer array, and that a lumped loss resistance as computed in accordance with Eq. 1, of one ohm exists at the current loop of above. each element of the array, or at the base Q is the greater of the following two of each element of electrical height θ θ √ lower than 0.25 wavelength, and no less quantities: 0.025g( ) Erss or 10.0g( ) PkW than the valuerequired by § 73.189(b)(2) of where: θ this part for a station of the class and g( ) is the vertical plane distribution nominal power for which the pattern is factor, f(θ), for the shortest element in designed. the array (see Eq. 2, above; also see n Represents the number of elements (tow- § 73.190, Figure 5). If the shortest ele- ers) in the directional array. ment has an electrical height in excess i Represents the ith element in the array. of 0.5 wavelength, g(θ) shall be com- th Fi Represents the field ratio of the i ele- puted as follows: ment in the array. θ Represents the vertical elevation angle 2 measured fromthe horizontal plane. {}∫()θ + 0. 0625 fi (θ) represents the vertical plane radiation g()θ = characteristic of the ith antenna. This 1. 030776 value depends on the tower height, as Erss is the root sum square of the am- well as whether the tower is top-loaded plitudes of the inverse fields of the ele- or sectionalized. The various formulas ments of the array in the horizontal θ for computing fi ( ) are given in § 73.160. plane, as used in the expression for Si Represents the electrical spacing of the E(φ,θ)th (see Eq. 1, above), and is com- th i tower from the reference point. puted as follows: φi Represents the orientation (with respect to true north) of the ith tower. n φ Represents the azimuth (with respect to = 2 true north). Ekrss∑ F i

ψi Represents the electrical phase angle of i=1 th the current in the i tower. PkW is the nominal station power ex- The standard radiation pattern shall pressed in kilowatts, see § 73.14. If the be constructed in accordance with the nominal power is less than one kilo- following mathematical expression: watt, PkW=1.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00035 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.150 47 CFR Ch. I (10–1–99 Edition)

(ii) Where the orthogonal addition of (ii) Type of each element (i.e., guyed the factor Q to E(φ,θ)th results in a or self-supporting, uniform cross sec- standard pattern whose minimum tion or tapered (specifying base dimen- fields are lower than those found nec- sions), grounded or insulated, etc.) essary or desirable, these fields may be (iii) Details of top loading, or sec- increased by appropriate adjustment of tionalizing, if any. the parameters of E(φ,θ)th. (iv) Height of radiating portion of (2) All patterns shall be computed for each element in feet (height above base integral multiples of five degrees, be- insulator, or base, if grounded). ginning with zero degrees representing (v) Overall height of each element true north, and, shall be plotted to the above ground. largest scale possible on unglazed let- (vi) Sketch of antenna site, indi- ter-size paper (main engraving approxi- cating its dimensions, the location of mately 7″ × 10″) using only scale divi- the antenna elements, thereon, their sions and subdivisions of 1,2,2.5, or 5 spacing from each other, and their ori- times 10nth. The horizontal plane pat- entation with respect to each other and tern shall be plotted on polar coordi- to true north, the number and length of nate paper, with the zero degree point the radials in the ground system about corresponding to true north. Patterns each element, the dimensions of ground for elevation angles above the hori- screens, if any, and bonding between zontal plane may be plotted in polar or towers and between radial systems. rectangular coordinates, with the pat- (5) Electrical description of the tern for each angle of elevation on a array, showing: separate page. Rectangular plots shall (i) Relative amplitudes of the fields begin and end at true north, with all of the array elements. azimuths labelled in increments of not (ii) Relative time phasing of the less than 20 degrees. If a rectangular fields of the array elements in degrees plot is used, the ordinate showing the leading [+] or lagging [¥]. scale for radiation may be logarithmic. (iii) Space phasing between elements Such patterns for elevation angles in degrees. above the horizontal plane need be sub- (iv) Where waiver of the content of mitted only upon specific request by this section is requested or upon re- Commission staff. Minor lobe and null quest of the Commission staff, all as- detail occurring between successive sumptions made and the basis therefor, patterns for specific angles of elevation particularly with respect to the elec- need not be submitted. Values of field trical height of the elements, current strength on any pattern less than ten distribution along elements, efficiency percent of the maximum field strength of each element, and ground conduc- plotted on that pattern shall be shown tivity. on an enlarged scale. Rectangular plots (v) Where waiver of the content of with a logarithmic ordinate need not this section is requested, or upon re- utilize an expanded scale unless nec- quest of the Commission staff, those essary to show clearly the minor lobe formulas used for computing E(φ,θ)th and null detail. and E(φ,θ)std. Complete tabulation of (3) The effective (RMS) field strength final computed data used in plotting in the horizontal plane of E(φ,θ)std, patterns, including data for the deter- E(φ,θ)th and the root-sum-square (RSS) mination of the RMS value of the pat- value of the inverse distance fields of tern, and the RSS field of the array. the array elements at 1 kilometer, de- (6) The values used in specifying the φ θ rived from the equation for E( , )th. parameters which describe the array These values shall be tabulated on the must be specified to no greater preci- page on which the horizontal plane pat- sion than can be achieved with avail- tern is plotted, which shall be specifi- able monitoring equipment. Use of cally labelled as the Standard Hori- greater precision raises a rebuttable zontal Plane Pattern. presumption of instability of the array. (4) Physical description of the array, Following are acceptable values of pre- showing: cision; greater precision may be used (i) Number of elements. only upon showing that the monitoring

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00036 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.151

equipment to be installed gives accu- Azimuth 0 30 60 Vertical rate readings with the specified preci- angle sion. 235 ...... 0.43 18.46 34.56 (i) Field Ratio: 3 significant figures. 247 ...... 82.62 51.52 26.38 (ii) Phasing: to the nearest 0.1 degree. (iii) Orientation (with respect to a If we further assume that the station common point in the array, or with re- has a standard pattern, we find that Q, spect to another tower): to the nearest for θ=0, is 22.36. 0.1 degree. Following is a tabulation of part of (iv) Spacing (with respect to a com- the standard pattern: mon point in the array, or with respect Vertical to another tower): to the nearest 0.1 de- Azimuth 0 30 60 angle gree. (v) Electrical Height (for all param- 0 ...... 28.86 68.05 72.06 eters listed in Section 73.160): to the 105 ...... 1286.78 860.97 246.41 235 ...... 23.48 26.50 37.18 nearest 0.1 degree. 247 ...... 89.87 57.03 28.87 (vi) Theoretical RMS (to determine pattern size): 4 significant figures. The RMS of the standard pattern in (vii) Additional requirements relat- the horizontal plane is 719.63 mV/m at ing to modified standard patterns ap- one kilometer. pear in § 73.152(c)(3) and (c)(4). (7) Any additional information re- [36 FR 919, Jan. 20, 1971, as amended at 37 FR 529, Jan. 13, 1972; 41 FR 24134, June 15, 1976; 46 quired by the application form. FR 11991, Feb. 12, 1981; 48 FR 24384, June 1, (c) Sample calculations for the theo- 1983; 51 FR 2707, Jan. 21, 1986; 52 FR 36877, retical and standard radiation follow. Oct. 1, 1987; 56 FR 64861, Dec. 12, 1991; 57 FR Assume a five kilowatt (nominal 43290, Sept. 18, 1992] power) station with a theoretical RMS of 685 mV/m at one kilometer. Assume § 73.151 Field strength measurements that it is an in-line array consisting of to establish performance of direc- three towers. Assume the following pa- tional antennas. rameters for the towers: (a) In addition to the information required by the license application form, Rel- Rel- Field Relative ative ative the following showing must be sub- Tower ratio phasing spac- orienta- mitted to establish, for each mode of ing tion directional operation, that the effec- 1 ...... 1.0 ¥128.5 0.0 0.0 tive measured field strength (RMS) at 1 2 ...... 1.89 0.0 110.0 285.0 kilometer (km) is not less than 85 per- 3 ...... 1.0 128.5 220.0 285.0 cent of the effective measured field strength (RMS) specified for the stand- Assume that tower 1 is a typical ard radiation pattern, or less than that tower with an electrical height of 120 specified in § 73.189(b) for the class of degrees. Assume that tower 2 is top- station involved, whichever is the high- loaded in accordance with the method er value, and that the measured field described in § 73.160(b)(2) where A is 120 strength at 1 km in any direction does electrical degrees and B is 20 electrical not exceed the field shown in that di- degrees. Assume that tower 3 is sec- rection on the standard radiation pat- tionalized in accordance with the tern for that mode of directional oper- method described in § 73.160(b)(3) where ation: A is 120 electrical degrees, B is 20 elec- (1) A tabulation of inverse field trical degrees, C is 220 electrical de- strengths in the horizontal plane at 1 grees, and D is 15 electrical degrees. km, as determined from field strength The multiplying constant will be measurements taken and analyzed in 323.6. accordance with § 73.186, and a state- Following is a tabulation of part of ment of the effective measured field the theoretical pattern: strength (RMS). Measurements shall be made in at least the following direc- Azimuth 0 30 60 Vertical angle tions: 0 ...... 15.98 62.49 68.20 (i) Those specified in the instrument 105 ...... 1225.30 819.79 234.54 of authorization.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00037 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.152 47 CFR Ch. I (10–1–99 Edition)

(ii) In major lobes. Generally at least pertinent landmarks as possible. In ad- three radials are necessary to establish dition, the directions for proceeding to a major lobe; however, additional each monitoring point together with a radials may be required. rough sketch or map upon which has (iii) Along sufficient number of other been indicated the most accessible ap- radials to establish the effective field. proaches to the monitoring points In the case of a relatively simple direc- should be submitted. tional antenna pattern, approximately (b) For stations authorized to operate five radials in addition to those in with simple directional antenna sys- paragraphs (a)(1) (i) and (ii) of this sec- tems (e.g., two towers) in the 1605–1705 tion are sufficient. However, when kHz band, the measurements to sup- more complicated patterns are in- port pattern RMS compliance referred volved, that is, patterns having several to in paragraphs (a)(1)(ii) and (a)(1)(iii) or sharp lobes or nulls, measurements of this section are not required. In such shall be taken along as many radials as cases, measured radials are required may be necessary, to definitely estab- only in the direction of short-spaced al- lish the pattern(s). lotments, or in directions specifically (2) A tabulation of: identified by the Commission. (i) The phase difference of the cur- [36 FR 919, Jan. 20, 1971, as amended at 42 FR rent in each other element with respect 36828, July 18, 1977; 49 FR 23348, June 6, 1984; to the reference element, and whether 50 FR 32416, Aug. 12, 1985; 56 FR 64862, Dec. 12, the current leads (+) or lags (¥) the 1991; 63 FR 33876, June 22, 1998] current in the reference element, as indicated by the station’s antenna mon- § 73.152 Modification of directional an- itor. tenna data. (ii) The ratio of the amplitude of the (a) If, after construction and final ad- radio frequency current in each other justment of a directional antenna, a element to the current in the reference measured inverse distance field in any element, as indicated on the station’s direction exceeds the field shown on antenna monitor. the standard radiation pattern for the (iii) The value of the radio frequency pertinent mode of directional oper- current at the base of each element, ation, an application shall be filed, and the ratio of the current in each specifying a modified standard radi- other element to the base current in ation pattern and/or such changes as the reference element. If there are sub- may be required in operating param- stantial differences between the ratios eters so that all measured effective established in paragraph (a)(2)(ii) of fields will be contained within the this section and the ratios computed in modified standard radiation pattern. this paragraphs (a)(2)(iii) and/or if (b) Normally, a modified standard there are substantial differences be- pattern is not acceptable at the initial tween the parameters established in construction permit stage, before a paragraphs (a)(2) (i) and (ii) of this sec- proof-of-performance has been com- tion and this paragraph (a)(2)(iii), and pleted. However, in certain cases, those used in the design of the stand- where it can be shown that modifica- ard radiation pattern, a full expla- tion is necessary, a modified standard nation of the reasons for these dif- pattern will be acceptable at the initial ferences shall be given. construction permit stage. Following is (3) The actual field strength meas- a non-inclusive list of items to be con- ured at each monitoring point estab- sidered in determining whether a modi- lished in the various directions for fication is acceptable at the initial which a limiting field was specified in construction permit stage: the instrument of authorization to- (1) When the proposed pattern is es- gether with accurate and detailed de- sentially the same as an existing pat- scription of each monitoring point to- tern at the same antenna site. (e.g., A gether with ordinary snapshots, clear DA–D station proposing to become a and sharp, taken with the field DA–1 station.) strength meter in its measuring posi- (2) Excessive reradiating structures, tion and with the camera so located which should be shown on a plat of the that its field of view takes in as many antenna site and surrounding area.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.152

(3) Other environmental factors; they E(φ,θ)std is the standard pattern field at should be fully described. some particular azimuth and elevation (4) Judgment and experience of the angle, before augmentation, computed engineer preparing the engineering pursuant to Eq. 2, § 73.150(b)(1)(i). E(φ,θ)aug. is the field in the direction speci- portion of the application. This must fied above, after augmentation. be supported with a full discussion of 2 2 A=E(φ, O) aug¥E(φ, O) std in which φ is the the pertinent factors. central azimuth of augmentation. E(φ, (c) The following general principles O)aug and E(φ, O)std are the fields in the shall govern the situations in para- horizontal plane at the central azimuth graphs (a) and (b) in this section: of augmentation. (1) Where a measured field in any di- NOTE: ‘‘A’’ must be positive, except during rection will exceed the authorized the process of converting non-standard pat- standard pattern, the license applica- terns to standard patterns pursuant to the tion may specify the level at which the Report and Order in Docket No. 21473, and in input power to the antenna shall be making minor changes to stations with pat- limited to maintain the measured field terns developed during the conversion. How- ever, even when ‘‘A’’ is negative, ‘‘A’’ cannot at a value not in excess of that shown be so negative that E(φ,α)aug is less than on the standard pattern, and shall E(φ,θ)th at any azimuth or vertical elevation specify the common point current cor- angle. responding to this power level. This value of common point current will be g(θ) is defined in § 73.150(b)(1)(i). specified on the license for that sta- S is the angular range, or ‘‘span’’, over which augmentation is applied. The span tion. is centered on the central azimuth of (2) Where any excessive measured augmentation. At the limits of the span, field does not result in objectionable the augmented pattern merges into the interference to another station, a unaugmented pattern. Spans may over- modification of construction permit lap. application may be submitted with a DA is the absolute horizontal angle be- modified standard pattern encom- tween the azimuth at which the aug- passing all measured fields. The modi- mented pattern value is being computed and the central azimuth of augmenta- fied standard pattern shall supersede tion. (D cannot exceed 1/2 S.) the previously submitted standard ra- A diation pattern for that station in the In the case where there are spans pertinent mode of directional oper- which overlap, the above formula shall ation. Following are the possible meth- be applied repeatedly, once for each ods of creating a modified standard augmentation, in ascending order of pattern: central azimuth of augmentation, be- (i) The modified pattern may be com- ginning with zero degrees representing puted by making the entire pattern true North. Note that, when spans larger than the original pattern (i.e., overlap, there will be, in effect, an aug- have a higher RMS value) if the meas- mentation of an augmentation. And, if ured fields systematically exceed the the span of an earlier augmentation confines of the original pattern. The overlaps the central azimuth of a later larger pattern shall be computed by augmentation, the value of ‘‘A’’ for the using a larger multiplying constant, k, later augmentation will be different in the theoretical pattern equation than the value of ‘‘A’’ without the (Eq. 1) in § 73.150(b)(1). overlap of the earlier span. (ii) Where the measured field exceeds (iii) A combination of paragraphs the pattern in discrete directions, but (c)(2) (i) and (ii), of this section, with objectionable interference does not re- (i) being applied before (ii) is applied. sult, the pattern may be expanded over (iv) Where the measured inverse dis- sectors including these directions. tance field exceeds the value permitted When this ‘‘augmentation’’ is desired, by the standard pattern, and aug- it shall be achieved by application of mentation is allowable under the terms the following equation: of this section, the requested amount of augmentation shall be centered upon φ θ √{ φ θ }2 { θ E( , )aug = E( , )std +A g( ) cos (180 DA/ the azimuth of the radial upon which S }2 the excessive radiation was measured where: and shall not exceed the following:

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.153 47 CFR Ch. I (10–1–99 Edition)

(A) The actual measured inverse dis- (d) Sample calculations for a modi- tance field value, where the radial does fied standard pattern follow. First, as- not involve a required monitoring sume the existing standard pattern in point. § 73.150(c). Then, assume the following (B) 120% of the actual measured in- augmentation parameters: verse field value, where the radial has Central Radiation a monitoring point required by the in- Augmentation number azi- Span at central strument of authorization. muth azimuth Whereas some pattern smoothing can 1 ...... 110 40 1,300 be accommodated, the extent of the re- 2 ...... 240 50 52 3 ...... 250 10 130 quested span(s) shall be minimized and in no case shall a requested augmenta- Following is a tabulation of part of tion span extend to a radial azimuth the modified standard pattern: for which the analyzed measurement data does not show a need for aug- Azimuth 0 30 60 Vertical mentation. angle (3) A Modified Standard Pattern shall 0 ...... 28.86 68.05 72.06 ...... be specifically labeled as such, and 105 ...... 1,299.42 872.14 254.21 ...... 235 ...... 39.00 35.74 38.71 ...... shall be plotted in accordance with the 247 ...... 100.47 66.69 32.78 ...... requirements of paragraph (b)(2) of § 73.150. The effective (RMS) field [46 FR 11992, Feb. 12, 1981, as amended at 56 strength in the horizontal plane of FR 64862, Dec. 12, 1991] E(φ,α)std, E(φ,α)th, and the root sum square (RSS) value of the inverse fields § 73.153 Field strength measurements of the array elements (derived from the in support of applications or evi- equation for E(φ,α)th), shall be tab- dence at hearings. ulated on the page on which the hori- In the determination of interference, zontal plane pattern is plotted. Where groundwave field strength measure- sector augmentation has been em- ments will take precedence over theo- ployed in designing the modified pat- retical values, provided such measure- tern, the direction of maximum aug- ments are properly taken and pre- mentation (i.e., the central azimuth of sented. When measurements of augmentation) shall be indicated on groundwave signal strength are pre- the horizontal plane pattern for each sented, they shall be sufficiently com- augmented sector, and the limits of plete in accordance with § 73.186 to de- each sector shall also be shown. Field termine the field strength at 1 mile in values within an augmented sector, the pertinent directions for that sta- computed prior to augmentation, shall tion. The antenna resistance measure- be depicted by a broken line. ments required by § 73.186 need not be (4) There shall be submitted, for each taken or submitted. modified standard pattern, complete tabulations of final computed data [44 FR 36037, June 20, 1979, as amended at 56 FR 64862, Dec. 12, 1991] used in plotting the pattern. In addition, for each augmented sector, the § 73.154 AM directional antenna par- central azimuth of augmentation, span, tial proof of performance measure- and radiation at the central azimuth of ments. φ α augmentation (E( , )aug) shall be tab- (a) A partial proof of performance ulated. consists of at least 10 field strength (5) The parameters used in computing measurements made on each of the the modified standard pattern shall be radials established in the latest com- specified with realistic precision. Fol- plete proof of performance of the direc- lowing is a list of the maximum ac- tional antenna system. ceptable precision: (b) The measurements are to be made (i) Central Azimuth of Augmenta- within 2 to 10 miles (3 to 16 kilometers) tion: to the nearest 0.1 degree. from the center of the antenna array. (ii) Span: to the nearest 0.1 degree. When a monitoring point as designated (iii) Radiation at Central Azimuth of on the station authorization is on a Augmentation: 4 significant figures. particular radial, one of the radial

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.160

measurements must be made at that performance covering the licensed fa- point. cilities. (c) The results of the measurements [50 FR 30947, July 31, 1985] are to be analyzed in either of two methods. Either the arithmetic aver- § 73.158 Directional antenna moni- age or the logarithmic average of the toring points. ratios of the field strength at each (a) When a licensee of a station using measurement point along each radial a directional antenna system finds that to the corresponding field strength in a field monitoring point, as specified the most recent complete proof of per- on the station authorization, is no formance may be used to establish the longer accessible for use or is unsuit- inverse distance fields. (The loga- able because of nearby construction or rithmic average for each radial is the other disturbances to the measured antilogarithm of the mean of the loga- field, an informal application to rithms of the ratios of field strength change the monitoring point location (new to old) for each measurement lo- is to be promptly submitted to the FCC cation along a given radial). in Washington, DC. The application (d) The result of the most recent par- must include the following informa- tial proof of performance measure- tion: ments and analysis is to be retained in (1) A partial proof of performance the station records available to the conducted on the radial containing the FCC upon request. monitoring point to be changed. [50 FR 47054, Nov. 14, 1985] (2) A written description of the routing to the new selected monitoring § 73.157 Antenna testing during day- point. time. (3) A map showing the location and (a) The licensee of a station using a routing to the new selected monitoring directional antenna during daytime or point. nighttime hours may, without further (4) A photograph showing the new authority, operate during daytime monitoring point in relation to nearby hours with the licensed nighttime di- permanent landmarks that can be used rectional facilities or with a nondirec- in locating the point accurately at all tional antenna when conducting moni- times throughout the year. Do not use toring point field strength measure- seasonal or temporary features in ei- ments or antenna proof of performance ther the written descriptions or photo- measurements. graphs as landmarks for locating field (b) Operation pursuant to this sec- points. tion is subject to the following condi- (b) When the descriptive routing to tions: reach any of the monitoring points as (1) No harmful interference will be shown on the station license is no caused to any other station. longer correct due to road or building (2) The FCC may notify the licensee construction or other changes, the li- to modify or cease such operation to censee must prepare and file with the resolve interference complaints or FCC, in Washington, DC, a request for when such action may appear to be in a corrected station license showing the the public interest, convenience and new routing description. A copy of the necessity. description is to be posted with the ex- (3) Such operation shall be under- isting station license. The notification taken only for the purpose of taking is to include the information specified monitoring point field strength meas- in paragraphs (a) (2) and (3) of this sec- urements or antenna proof of perform- tion. ance measurements, and shall be re- [47 FR 28387, June 30, 1982] stricted to the minimum time required to accomplish the measurements. § 73.160 Vertical plane radiation char- θ (4) Operating power in the nondirec- acteristics, f( ). tional mode shall be adjusted to the (a) The vertical plane radiation char- same power as was utilized for the acteristics show the relative field being most recent nondirectional proof of radiated at a given vertical angle, with

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.160 47 CFR Ch. I (10–1–99 Edition)

respect to the horizontal plane. The (1) For a typical tower, which is not vertical angle, represented as θ, is 0 de- top-loaded or sectionalized, the fol- grees in the horizontal plane, and 90 de- lowing formula shall be used: grees when perpendicular to the horizontal plane. The vertical plane radi- cos (GG sinθ )− cos f()θ = ation characteristic is referred to as − θ f(θ). The generic formula for f(θ) is: (1 cosG ) cos f(θ)=E(θ)/E(O) where: where: G is the electrical height of the tower, not E(θ) is the radiation from the tower at including the base insulator and pier. (In angle θ. the case of a folded unipole tower, the E(O) is the radiation from the tower in the entire radiating structure’s electrical horizontal plane. height is used.) (b) Listed below are formulas for f(θ) (2) For a top-loaded tower, the fol- for several common towers. lowing formula shall be used:

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

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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.160

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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.160 47 CFR Ch. I (10–1–99 Edition)

{sin∆ [cosBA cos ( sinθ )−+ cos G ] sinBDC [cos cos ( sinθθ )−− sin sin DC sin ( sin θ ) cos∆ cos ( A sin θ )]} f()θ = cosθ [sin∆∆ (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. ∆ 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.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.160

(c) One of the above f(θ) 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-

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00045 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.182 47 CFR Ch. I (10–1–99 Edition)

sample calculations. Submission of val- (1) Class A stations operate on clear ues for f(θ) 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 θ f(θ) 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 elec- protection as follows: trical degrees, (120+20): (A) Daytime. To the 0.1 mV/m θ θ groundwave contour from stations on f( ) 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 degrees, maximum power of 50 kW, and an an- G=140 electrical degrees (120+20), H=235 tenna efficiency of 282 mV/m/kW at 1 electrical degrees (220+15), and ∆=115 kilometer. Stations operating on these electrical degrees (235¥120): channels in Alaska which have not θ f(θ) 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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.182

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 beprotected 0.5 mV/m contour. On local channels based on their actual Alaskan Class A facili- the separation required for the daytime ties. If any of these stations does not obtain protection shall also determine the Alaskan Class A facilities in the period spec- nighttime separation. Where direc- ified, it is to be protected as a Class B sta- tional antennas are employed daytime tion based on its actual facilities. These four by Class C stations operating with stations may increase power to 10 kW with- more than 0.25 kW power, the separa- out regard to the impact on co-channel Class B stations. However, power increases by tions required shall in no case be less 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. Fornighttime 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 141 mV/m at one 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 operate with powers of stations be located so that the inter- less than 0.25 kW (or equivalent RMS ference received from other stations fields of less than 141 mV/m at one kil- will not limit the service area to a ometer) 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(j) and are not protected from in- m groundwave contour daytime, which terference during nighttime hours. are the values for themutual 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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.182 47 CFR Ch. I (10–1–99 Edition)

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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00048 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.182

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.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00049 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.182 47 CFR Ch. I (10–1–99 Edition)

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. Station No. 2—0.60 mV/m. made of Figure 8 of § 73.190, which de- 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 existing interferences are nevertheless cal- such antennas and ground systems are culated 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 included in all subsequent calculations for Class of station Effective 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 All Class A (except Alaskan) ...... 362 mV/m. signal and No. 1. Class A (Alaskan), B and D ...... 282 mV/m. (iii) Station A receives interferences Class C ...... 241 mV/m. from: Note (1): When a directional antenna is employed, the radiated signal of a broadcasting station will vary in strength in different directions, possibly being greater than the above val- Station No. 1—1.00 mV/m. ues in certain directions and less in other directions depend- Station No. 2—0.60 mV/m. ing 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 measured or calculated radiated field (unattenuated field No. 1 proposes to increase the limitation it 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 directional antenna case.) are less than 50% of the 1.21 mV/m limita- 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, 241 mV/m shall be used. ertheless included for comparative studies, (n) The existence or absence of objec- and the RSS limitation is calculated to be 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: field strength contour specified in (1) Fifty Percent Skywave Field paragraph (q) of this section with re- Strength Values (Clear Channel). In spect to the class to which the station computing the fifty percent skywave belongs, the field strength of an inter- field strength values of a Class A clear fering station operating on the same channel station, use shall be made of channel or on a first adjacent channel Formula 1 of § 73.190, entitled after signal adjustment using the prop- ‘‘Skywave Field Strength’’ for 50 per- er protection ratio, exceeds for 10% or cent of the time. more of the time the value of the per- (2) Ten Percent Skywave Field missible interfering signal set forth op- Strength Values. In computing the 10%

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.182

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

Signal strength contour of area protected from Permissible interfering signal Class of channel objectionable interference 1(µV/m) (µV/m) Class of station used Day 2 Night Day 2 Night 3

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 2 25 25 Regional ...... AC 250 250 C ...... Local ...... 500 No presc.4 SC25 Not presc. D ...... Clear ...... 500 Not presc SC 25 Not presc. Regional ...... AC 250 1 When a station is already limited by interference from other stations to a contour of higher value than that normally protected for its class, this higher value contour shall be the established protection standard for such station. Changes proposed by Class A and B stations shall be required to comply with the following restrictions. Those interferers that contribute to another station's RSS using the 50% exclusion method are required to either reduce their contributions to that RSS by 10%, or to a level at which their contributions no longer enter into the 50% RSS value, whichever is the lesser amount of reduction. Those interferers that contribute to a station's RSS using the 25% exclusion method but do not contribute to that station's RSS using the 50% exclusion method may make changes not to exceed their present contribution. Interferers not included in a station's RSS using the 25% exclusion method are permitted to increase radiation as long as the 25% exclusion threshold is not equalled or exceeded. In no case will a reduction be required that would result in a contributing value that is below the pertinent value specified in the table. This note does not apply to Class C stations; or to the protection of Class A stations which are normally protected on a single signal, non-RSS basis. 2 Groundwave. 3 Skywave field strength for 10 percent or more of the time. 4 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 channel; SW=Skywave; GW=Groundwave

(r) The following table of logarithmic to an undesired signal. This table shall expressions is to be used as required for be used in conjunction with the pro- determining the minimum permissible tected contours specified in paragraph ratio of the field strength of a desired (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- may bear such a relation to the inter- quency twice of the other, should not mediate frequency of some broadcast be assigned in the same groundwave receivers as to cause ‘‘image’’ inter- service area unless special precautions ference, However, since this can usu- are taken to avoid interference from ally be rectified by readjustment of the the second harmonic of the station op- intermediate frequency of such receiv- erating on the lower frequency. Addi- ers, the Commission, in general, will tionally, in selecting a frequency, con- not take this kind of interference into sideration should be given to the fact consideration when authorizing sta- that occasionally the frequency assign- tions. ment of two stations in the same area

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.183 47 CFR Ch. I (10–1–99 Edition)

(t) The groundwave service of two throughout the United States by gen- stations operating with synchronized eral areas of reasonably uniform con- carriers and broadcasting identical productivity. When it is clear that only grams will be subject to some distor- one conductivity value is involved, tion in areas where the signals from Figure R3 of § 73.190, may be used. It is the two stations are of comparable a replica of Figure M3, and is contained strength. For the purpose of estimating in these standards. In all other situa- coverage of such stations, areas in tions Figure M3 must be employed. It which the signal ratio is between 1:2 is recognized that in areas of limited and 2:1 will not be considered as receiv- size or over a particular path, the con- ing satisfactory service. ductivity may vary widely from the values given; therefore, these maps are NOTE: Two stations are considered to be operated synchronously when the carriers to be used only when accurate and ac- are maintained within 0.2 Hz of each other ceptable measurements have not been and they transmit identical program s. made. (2) For determinations of inter- [56 FR 64862, Dec. 12, 1991; 57 FR 43290, Sept. ference and service requiring a knowl- 18, 1992, as amended at 58 FR 27950, May 12, edge of ground conductivities in other 1993] countries, the ground conductivity maps comprising Appendix 1 to Annex 2 § 73.183 Groundwave signals. of each of the following international (a) Interference that may be caused agreements may be used: by a proposed assignment or an exist- (i) For Canada, the U.S.-Canada AM ing assignment during daytime hours 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. Where different conductivities appear NOTE: Groundwave field strength measurements 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 ference by the graphs in § 73.184: and applicable international agreements. 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 versus distance. The conductivity of a determined by the use of the appropriate 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.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.184

(100×0.5/282=0.1773) It is desired to determine the distance to the 0.5 mV/m and 0.025 mV/m contours of a Using the 6 mS/m curve, the estimated ra- station on a frequency of 1000 kHz with an dius of the 0.5 mV/m contour is 62.5 kilo- inverse distance field of 100 mV/m at one kil- meters. Subtracting this distance from the ometer being radiated over a path having a distance between the two stations leaves conductivity of 10 mS/m for a distance of 20 197.5 kilometers. Using the same propagation kilometers, 5 mS/m for the next 30 kilo- curve, the signal from the 5 kW station at meters and 15 mS/m thereafter. Using the ap- this distance is seen to be 0.059 mV/m. Since propriate curve in § 73.184, Graph 12, at a dis- a protection ratio of 6 dB, desired to tance of 20 kilometers on the curve for 10 undesired signal, applies to stations sepa- mS/m, the field strength is found to be 2.84 rated by 10 kHz, the undesired signal could mV/m. On the 5mS/m curve, the equivalent have had a value of up to 0.25 mV/m without distance to this field strength is 14.92 kilo- causing objectionable interference. For co- meters, which is 5.08 (20¥14.92 kilometers channel studies, adesired to undesired signal nearer to the transmitter. Continuing on the ratio of no less than 20:1 (26 dB) is required propagation curve, the distance to a field to avoid causing objectionable interference. strength of 0.5 mV/m is found to be 36.11 (d) Where a signal traverses a path kilomteres. 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. Con- tinuing on this propagation curve to the con- groundwave field strength contour ductivity change at 44.92 (50.00¥5.08) kilo- shall be determined by the use of the meters, the field strength is found to be 0.304 equivalent distance method. Reason- mV/m. On the 15 mS/m propagation curve, ably accurate results may be expected the equivalent distance to this field strength in determining field strengths at a dis- is 82.94 kilometers, which changes the effec- tance from the antenna by application tive path length by 38.02(82.94¥44.92) kilo- of the equivalent distance method meters. Continuing on this propagation when the unattenuated field of the an- curve, the distance to a field strength of 0.025 mV/m is seen to be 224.4 kilometers. The ac- tenna, the various ground conductiv- tual length of the path travelled, however, is ities and the location of discontinuities 191.46 (224.4+5.08¥38.02) kilometers. are known. This method considers a wave to be propagated across a given [28 FR 13574, Dec. 14, 1963, as amended at 44 FR 36037, June 20, 1979; 48 FR 9011, Mar. 3, conductivity according to the curve for 1983; 50 FR 18822, May 2, 1985; 50 FR 24522, a homogeneous earth of that conduc- June 11, 1985; 51 FR 9965, Mar. 24, 1986; 54 FR tivity. When the wave crosses from a 39736, Sept. 28, 1989; 56 FR 64866, Dec. 12, 1991; region of one conductivity into a re- 57 FR 43290, Sept. 18, 1992] gion of a second conductivity, the equivalent distance of the receiving § 73.184 Groundwave field strength point from the transmitter changes graphs. abruptly but the field strength does (a) Graphs 1 to 20 show, for each of 20 not. From a point just inside the sec- frequencies, the computed values of ond region the transmitter appearsto groundwave field strength as a func- be at that distance where, on the curve tion of groundwave conductivity and for a homogeneous earth of the second distance from the source of radiation. conductivity, the field strength equals The groundwave field strength is con- the value that occurred just across the sidered to be that part of the vertical boundary in the first region. Thus the component of the electric field which equivalent distance from the receiving has not been reflected from the point to the transmitter may be either ionosphere nor from the troposphere. greater or less than the actual dis- These 20 families of curves are plotted tance. An imaginary transmitter is on log-log graph paper and each is to be considered to exist at that equivalent used for the range of frequencies shown distance. This technique is not in- thereon. Computations are based on a tended to be used as a means dielectric constant of the ground (re- ofevaluating unattenuated field or ferred to air as unity) equal to 15 for ground conductivity by the analysis of land and 80 for sea water and for the measured data. The method to be em- ground conductivities (expressed in ployed for such determinations is set mS/m) given on the curves. The curves out in § 73.186. show the variation of the groundwave (e) Example of the use of the equiva- field strength with distance to be ex- lent distance method; pected for transmission from a vertical

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00053 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.184 47 CFR Ch. I (10–1–99 Edition)

antenna at the surface of a uniformly measured field strengths on trans- conducting spherical earth with the parent log-log graph paper similar to groundwave constants shown on the that used for Graphs 1 to 20 and super- curves. The curves are for an antenna imposing the plotted graph over the power of such efficiency and current Graph corresponding to the frequency distribution that the inverse distance of the station measured. The plotted (unattenuated) field is 100 mV/m at 1 graph is then shifted vertically until kilometer. The curves are valid for dis- the plotted measurement data is best tances that are large compared to the aligned with one of the conductivity dimensions of the antenna for other curves on the Graph; the intersection than short vertical antennas. of the inverse distance line on the (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 80f1/3MHz 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 formation on obtaining copies of these tab- valueof the field strength cor- ulations call or write the Consumer Affairs responding to the intersection of the Office, Federal Communications Commis- inverse distance line of Graph 21 with sion, Washington, DC 20554, (202) 632–7000. the 1 kilometer abscissa on the data (c) Provided the value of the dielec- sheet is the inverse distance field tric constant is near 15, the ground strength at 1 kilometer, and the values conductivity curves of Graphs 1 to 20 of the numerical distance at 1 kilo- may be compared with actual field meter, p1, and of b are also determined. strength measurement data to deter- Knowing the values of b and p1 (the nu- mine the appropriate values of the merical distanceat one kilometer), we ground conductivity and the inverse may substitute in the following ap- distance field strength at 1 kilometer. proximate values of the ground conduc- This is accomplished by plotting the tivity and dielectric constant.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.185

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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00055 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.185 47 CFR Ch. I (10–1–99 Edition)

‘‘Angles of Departure versus Trans- is directional in the horizontal plane, mission Range’’ are to be used in deter- the vertical pattern in the great circle mining the angles in the vertical pat- direction toward the point of reception tern of the antenna of an interfering in question must first be calculated. In station to be considered as pertinent to cases where the radiation in the transmission by one reflection. To pro- vertical plane, at the pertinent azi- vide for variation in the pertinent muth, contains a large lobe at a higher vertical angle due to variations of angle than the pertinent angle for one ionosphere height and ionosphere scat- reflection, the method of calculating tering, the curves 2 and 3 indicate the interference will not be restricted to upper and lower angles within which that just described; each such case will the radiated field is to be considered. be considered on the basis of the best The maximum value of field strength knowledge available. occurring between these angles shall be (f) In performing calculations to de- used to determine the multiplying fac- termine permissible radiation from tor to apply to the 10 percent skywave stations operating presunrise or field intensity value determined from postsunset in accordance with § 73.99, Formula 2 in § 73.190. The multiplying calculated diurnal factors will be mul- factor is found by dividing the max- tiplied by the values of skywave field imum radiation between the pertinent strength for such stations obtained angles by 100 mV/m. from Formula 1 or 2 of § 73.190. (d) Example of the use of skywave (1) The diurnal factor is determined curves and formulas: Assume a pro- using the time of day at the mid-point posed new Class B station from which of path between the site of the inter- interference may be expected is located fering station and the point at which at a distance of 724 kilometers from a interference is being calculated. Diur- licensed Class B station. The proposed nal factors are computed using the for- 2 3 station specifies geographic coordi- mula Df=a+bF+cF +dF where: nates of 40°00′00″N and 100° 00′00″W and Df represents the diurnal factor, the station to be protected is located F is the frequency in MHz, at an azimuth of 45° true at geographic a,b,c, and d are constants obtained from the coordinates of 44°26′05″N and 93°32′54″W. tables in paragraph (k)(2) The critical angles of radiation as determined from Figure 6a of § 73.190 for A diurnal factor greater than one will use with Class B stations are 9.6° and not be used in calculations and inter- 16.6°. If the vertical pattern of the an- polation is to be used between cal- tenna of the proposed station in the di- culated values where necessary. For rection 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% valuemust be adjusted by tion respectively. The columns labeled 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 abcd 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 non-directional in the horizontal plane, ¥1.25 ...... 7773 .3751 ¥.1911 .0736 the vertical distribution of the relative ¥1 ...... 6230 .1547 .2654 ¥.1006 ¥.75 ...... 3718 .1178 .3632 ¥.1172 fields should be computed pursuant to ¥.5 ...... 2151 .0737 .4167 ¥.1413 § 73.160. In the case of an antenna which ¥.25 ...... 2027 ¥.2560 .7269 ¥.2577

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.186

Tmp abcdbe used in case the mid-point of the path lies above 50° North. SR ...... 1504 ¥.2325 .5374 ¥.1729 +.25 ...... 1057 ¥.2092 .4148 ¥.1239 [30 FR 13783, Oct. 29, 1965, as amended at 33 +5...... 0642 ¥.1295 .2583 ¥.0699 FR 15420, Oct. 17, 1968; 46 FR 11995, Feb. 12, +.75 ...... 0446 ¥.1002 .1754 ¥.0405 1981; 48 FR 42958, Sept. 20, 1983; 50 FR 18843, +1 ...... 0148 .0135 .0462 .0010 May 2, 1985; 56 FR 64867, Dec. 12, 1991]

(II) POSTSUNSET CONSTANTS § 73.186 Establishment of effective field at one kilometer. Tmp abcd (a) Section 73.189 provides that cer- 1.75 ...... 9495 ¥.0187 .0720 ¥.0290 tain minimum field strengths are ac- 1.5 ...... 7196 .3583 ¥.2280 .0611 ceptable in lieu of the required min- 1.25 ...... 6756 .1518 .0279 ¥.0163 imum physical heights of the antennas 1.0 ...... 5486 .1401 .0952 ¥.0288 proper. Also, in other situations, it .75 ...... 3003 .4050 ¥.0961 .0256 may be necessary to determine the ef- .5 ...... 1186 .4281 ¥.0799 .0197 fective field. The following require- .25 ...... 0382 .3706 ¥.0673 .0171 SS ...... 0002 .3024 ¥.0540 .0086 ments shall govern the taking and sub- ¥.25 ...... 0278 .0458 .1473 ¥.0486 mission of data on the field strength ¥.5 ...... 0203 .0132 .1166 ¥.0340 produced: ¥.75 ...... 0152 ¥.0002 .0786 ¥.0185 (1) Beginning as near to the antenna ¥1.0 ...... ¥.0043 .0452 ¥.0040 .0103 as possible without including the in- ¥1.25 ...... 0010 .0135 .0103 .0047 duction field and to provide for the fact ¥ 1.5 ...... 0018 .0052 .0069 .0042 that a broadcast antenna is not a point ¥1.75 ...... ¥.0012 .0122 ¥.0076 .0076 ¥2.0 ...... ¥.0024 .0141 ¥.0141 .0091Q source of radiation (not less than one P='04'≤ wave length or 5 times the vertical height in the case of a single element,

EDITORIAL NOTE: At 56 FR 64867, Dec. 12, i.e., nondirectional antenna or 10 times 1991, § 73.185 was amended by redesignating the spacing between the elements of a paragraphs (d), (e), (h), and (k) as (c), (d), (e), directional antenna), measurements and (f), resulting in two consecutive para- shall be made on eight or more radials, graph (f)’s. These paragraphs will be cor- at intervals of approximately 0.2 kilo- rectly designated by a Federal Communica- meter up to 3 kilometers (1.87 miles) tion Commission document published in the from the antenna, at intervals of ap- FEDERAL REGISTER at a later date. proximately 1 kilometer from 3 kilo- (f) For stations operating on regional meters (1.87 miles) to 10 kilometers (6.2 and local channels, interfering miles) from the antenna, at intervals of skywave field intensities shall be de- approximately 3 kilometers from 10 termined in accordance with the proce- kilometers (6.2 miles) to 25 or 34 kilo- dure specified in (d) of this section and meters (15.5 miles or 20 miles) from the illustrated in (e) of this section, except antenna, and a few additional measure- that Figure 2 of § 73.190 is used in place ments if needed at greater distances of Figure 1a and 1b and the formulas of from the antenna. Where the antenna § 73.190. In using Figure 2 of § 73.190, one is rurally located and unobstructed additional parameter must be consid- measurements can be made, there shall ered, i.e., the variation of received field be as many as 18 measurements on with the latitude of the path. each radial. However, where the antenna is located in a city where unob- (g) Figure 2 of § 73.190, ‘‘10 percent structed measurements are difficult to Skywave Signal Range Chart,’’ shows make, measurements shall be made on the signal as a function of the latitude each radial at as many unobstructed of the transmission path, which is de- locations as possible, even though the fined as the geographic latitude of the intervals are considerably less than midpoint between the transmitter and stated above, particularly within 3 kil- receiver. When using Figure 2 of ometers of the antenna. In cases where § 73.190, latitude 35° should be used in it is not possible to obtain accurate case the mid-point of the path lies measurements at the closer distances below 35° North and latitude 50° should (even out to 8 or 10 kilometers due to

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.187 47 CFR Ch. I (10–1–99 Edition)

the character of the intervening ter- (b) Complete data taken in conjunc- rain), the measurements at greater dis- tion with the field strength measure- tances should be made at closer inter- ments shall be submitted to the Com- vals. (It is suggested that ‘‘wave tilt’’ mission in affidavit form including the measurements may be made to deter- following: mine and compare locations for taking (1) Tabulation by number of each field strength measurements, particu- point of measurement to agree with larly to determine that there are no the map required in paragraph (b)(2) of abrupt changes in ground conductivity this section, the date and time of each or that reflected waves are not causing measurement, the field strength (E), abnormal strengths. the distance from the antenna (D) and (2) The data required by paragraph the product of the field strength and (a)(1) of this section should be plotted distance (ED) (if data for each radial for each radial in accordance with ei- are plotted on semilogarithmic paper, ther of the two methods set forth see above) for each point of measure- below: ment. (i) Using log-log coordinate paper, (2) Map showing each point of meas- plot field strengths as ordinate and dis- urement numbered to agree with tab- tance as abscissa. ulation required above. (ii) Using semi-log coordinate paper, (3) Description of method used to plot field strength times distance as or- take field strength measurements. dinate on the log scale and distance as (4) The family of theoretical curves abscissa on the linear scale. used in determining the curve for each (3) However, regardless of which of radial properly identified by conduc- the methods in paragraph (a)(2) of this tivity and dielectric constants. section is employed, the proper curve (5) The curves drawn for each radial to be drawn through the points plotted and the field strength pattern. shall be determined by comparison (6) The antenna resistance at the op- with the curves in § 73.184 as follows: erating frequency. Place the sheet on which the actual (7) Antenna current or currents points have been plotted over the ap- maintained during field strength meas- propriate Graph in § 73.184, hold to the urements. light if necessary and adjust until the [28 FR 13574, Dec. 14, 1963, as amended at 41 curve most closely matching the points FR 44178, Oct. 7, 1976; 46 FR 11995, Feb. 12, is found. This curve should then be 1981; 49 FR 49851, Dec. 24, 1984; 50 FR 18843, drawn on the sheet on which the points May 2, 1985; 50 FR 47055, Nov. 14, 1985; 51 FR were plotted, together with the inverse 2707, Jan. 21, 1986; 52 FR 10570, Apr. 2, 1987] distance curve corresponding to that curve. The field at 1 kilometer for the § 73.187 Limitation on daytime radi- radial concerned shall be the ordinate ation. on the inverse distance curve at 1 kilo- (a)(1) Except as otherwise provided in meter. paragraphs (a)(2) and (3) of this section, (4) When all radials have been ana- no authorization will be granted for a lyzed in accordance with paragraph Class B or Class D station on a fre- (a)(3) of this section, a curve shall be quency specified in § 73.25 if the pro- plotted on polar coordinate paper from posed operation would radiate during the fields obtained, which gives the in- the period of critical hours (the two verse distance field pattern at 1 kilo- hours after local sunrise and the two meter. The radius of a circle, the area hours before local sunset) toward any of which is equal to the area bounded point on the 0.1 mV/m contour of a co- by this pattern, is the effective field. channel U.S. Class A station, at or (See § 73.14.) below the pertinent vertical angle de- (5) The antenna power of the station termined from Curve 2 of Figure 6a of shall be maintained at the authorized § 73.190, values in excess of those ob- level during all field measurements. tained as provided in paragraph (b) of The power determination will be made this section. using the direct method as described in (2) The limitation set forth in para- § 73.51(a) with instruments of accept- graph (a)(1) of this section shall not able accuracy specified in § 73.1215. apply in the following cases:

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00058 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.187

(i) Any Class B or Class D operation (c) Interpolation factors. (1) Fre- authorized before November 30, 1959; or quencies below 1000 kHz. (ii) For Class B and Class D stations authorized before November 30, 1959, fkHz K500 K1000 subsequent changes of facilities which 640 ...... 0.720 0.280 do not involve a change in frequency, 650 ...... 0.700 0.300 an increase in radiation toward any 660 ...... 0.680 0.320 670 ...... 0.660 0.340 point on the 0.1 mV/m contour of a co- 680 ...... 0.640 0.360 channel U.S. Class A station, or the 690 ...... 0.620 0.380 move of transmitter site materially 700 ...... 0.600 0.400 710 ...... 0.580 0.420 closer to the 0.1 mV/m contour of such 720 ...... 0.560 0.440 Class A station. 730 ...... 0.540 0.460 (3) A Class B or Class D station au- 740 ...... 0.520 0.480 thorized before November 30, 1959, and 750 ...... 0.500 0.500 760 ...... 0.480 0.520 subsequently authorized to increase 770 ...... 0.460 0.540 daytime radiation in any direction to- 780 ...... 0.440 0.560 ward the 0.1 mV/m contour of a co- 800 ...... 0.400 0.600 channel U.S. Class A station (without a 810 ...... 0.380 0.620 820 ...... 0.360 0.640 change in frequency or a move of trans- 830 ...... 0.340 0.660 mitter site materially closer to such 840 ...... 0.320 0.680 contour), may not, during the two 850 ...... 0.300 0.700 860 ...... 0.280 0.720 hours after local sunrise or the two 870 ...... 0.260 0.740 hours before local sunset, radiate in 880 ...... 0.240 0.760 such directions a value exceeding the 890 ...... 0.220 0.780 higher of: 900 ...... 0.200 0.800 940 ...... 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 para- ′ ′ ′ graph (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 chart (Figure 9 of § 73.190) by the appro- 1080 ...... 0.867 0.133 1090 ...... 0.850 0.150 priate interpolation factor shown in 1100 ...... 0.833 0.167 the K500 column of paragraph (c) of this 1110 ...... 0.817 0.183 section; and multiply the radiation 1120 ...... 0.800 0.200 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 (Figure 10 of § 73.190) by the appropriate 1170 ...... 0.717 0.283 interpolation factor shown in the K 1180 ...... 0.700 0.300 1000 1190 ...... 0.683 0.317 column of paragraph (c) of this section. 1200 ...... 0.667 0.333 Add the two products thus obtained; 1210 ...... 0.650 0.350 the result is the maximum radiation 1220 ...... 0.633 0.367 value applicable to the Class B or Class 1500 ...... 0.167 0.833 1510 ...... 0.150 0.850 D station in the pertinent directions. 1520 ...... 0.133 0.867 For frequencies from 1010 to 1580 kHz, 1530 ...... 0.117 0.883 obtain in a similar manner the proper 1540 ...... 0.100 0.900 radiation values from the 1000 and 1600 1550 ...... 0.083 0.917 1560 ...... 0.067 0.933 kHz charts (Figures 10 and 11 of 1570 ...... 0.050 0.950 § 73.190), multiply each of these values 1580 ...... 0.033 0.967 by the appropriate interpolation factors in the K′1000 and K′1600 columns in [28 FR 13574, Dec. 14, 1963, as amended at 49 paragraph (c) of this section, and add FR 43962, Nov. 1, 1984; 56 FR 64868, Dec. 12, the products. 1991]

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00059 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.189 47 CFR Ch. I (10–1–99 Edition)

§ 73.189 Minimum antenna heights or ered in § 73.189(b)(2)(i), a minimum ef- field strength requirements. fective field strength of 282 mV/m for 1 (a) Section 73.45 requires that all ap- kW. plicants for new, additional, or dif- (iii) Class A stations, a minimum ef- ferent broadcast facilities and all li- fective field strength of 362 mV/m for 1 censees requesting authority to move kW. 0the transmitter of an existing station, (3) The heights given on the graph for shall specify a radiating system, the ef- the antenna apply regardless of wheth- ficiency of which complies with the re- er the antenna is located on the ground quirements of good engineering prac- or on a building. Except for the reduc- tice for the class and power of the station of shadows, locating the antenna tion. on a building does not necessarily in- (b) The specifications deemed nec- crease the efficiency and where the essary to meet the requirements of height of the building is in the order of good engineering practice at the a quarter wave the efficiency may be present state of the art are set out in materially reduced. detail below. (4) At the present development of the (1) The licensee of a AM broadcast art, it is considered that where a station requesting a change in power, vertical radiator is employed with its time of operation, frequency, or trans- base on the ground, the ground system mitter location must also request au- should consist of buried radial wires at thority to install a new antenna sys- least one-fourth wave length long. tem or to make changes in the existing There should be as many of these antenna system which will meet the radials evenly spaced as practicable minimum height requirements, or sub- and in no event less than 90. (120 mit evidence that the present antenna radials of 0.35 to 0.4 of a wave length in system meets the minimum require- length and spaced 3° is considered an ments with respect to field strength, excellent ground system and in case of before favorable consideration will be high base voltage, a base screen of suit- given thereto. (See § 73.186.) In the able dimensions should be employed.) event it is proposed to make substan- (5) In case it is contended that the re- tial changes in an existing antenna quired antenna efficiency can be ob- system, the changes shall be such as to tained with an antenna of height or meet the minimum height require- ground system less than the minimum ments or will be permitted subject to specified, a complete field strength sur- the submission of field strength meas- vey must be supplied to the Commis- urements showing that it meets the sion showing that the field strength at minimum requirements with respect to a mile without absorption fulfills the effective field strength. minimum requirements. (See § 73.186.) (2) These minimum actual physical This field survey must be made by a vertical heights of antennas permitted qualified engineer using equipment of to be installed are shown by curves A, acceptable accuracy. B, and C of Figure 7 of § 73.190 as fol- (6) The main element or elements of lows: a directional antenna system shall (i) Class C stations, and stations in meet the above minimum requirements Alaska, Hawaii, Puerto Rico and the with respect to height or effective field U.S. Virgin Islands on 1230, 1240, 1340, strength. No directional antenna sys- 1400, 1450 and 1490 kHz that were for- tem will be approved which is so de- merly Class C and were redesignated as signed that the effective field of the Class B pursuant to § 73.26(b), 45 meters array is less than the minimum pre- or a minimum effective field strength scribed for the class of station con- of 241 mV/m for 1 kW (121 mV/m for 0.25 cerned, or in case of a Class A station kW). (This height applies to a Class C less than 90 percent of the ground wave station on a local channel only. Curve field which would be obtained from a A shall apply to any Class C stations in perfect antenna of the height specified the 48 conterminous States that are as- by Figure 7 of § 73.190 for operation on signed 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

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.190

field which would be obtained from a § 73.190 Engineering charts and re- perfect antenna of the height specified lated formulas. by Figure 7 of § 73.190 for operation on (a) This section consists of the fol- frequencies below 750 kHz. lowing Figures: 2, r3, 5, 6a, 7, 8, 9, 10, 11, [28 FR 13574, Dec. 14, 1963, as amended at 31 12, and 13. Additionally, formulas that FR 8069, June 8, 1966; 33 FR 15420, Oct. 17, are directly related to graphs are in- 1968; 44 FR 36038, June 20, 1979; 50 FR 18844, cluded. May 2, 1985; 51 FR 2707, Jan. 21, 1986; 51 FR (b) Formula 1 is used for calculation 4753, Feb. 7, 1986; 52 FR 10570, Apr. 2, 1987; 56 of 50% skywave field strength values. FR 64868, Dec. 12, 1991] FORMULA 1. Skywave field strength, 50% of the time (at SS+6): The skywave field strength, Fc(50), for a characteristic field strength of 100 mV/m at 1 km is given by:

  ()=−()−+πφ2 D () µ() FDcM50 97. 5 20 log() 2 4.95 tan   dB V/ m Eq. 1  1000

The slant distance, D, is given by: + cos aT cos aR cos(bR ¥ bT)¿ degrees (Eq.5) Ddkm=+40, 000 2 (Eq. 2) Where: aT is the geographic latitude of the The geomagnetic latitude of the mid- transmitting terminal (degrees) Φ point of the path, M, is given by: aR is the geographic latitude of the receiving terminal (degrees) ΦM =arcsinøsin aM sin 78.5° b is the geographic longitude of the + cos a cos 78.5° cos(69 + b )¿ T M M transmitting terminal (degrees) degrees (Eq. 3) bR is the geographic longitude of the re- The short great-circle path distance, d, ceiving terminal (degrees) is given by: aM is the geographic latitude of the midpoint of the great-circle path d=111.18 d° km (Eq. 4) (degrees) and is given by: bM is the geographic longitude of the Where: midpoint of the great-circle path d° = arccosøsin aT sin aR (degrees) 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 de- Note (2): North and east are consid- grees, equation (1) is evaluated for | FM| ered positive; south and west negative. = 60 degrees.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.190 47 CFR Ch. I (10–1–99 Edition)

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

  θ°= −1 d − d tan kn cot   444.54 444.54

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 values will control. K3=0.00565

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.190

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00063 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.190 47 CFR Ch. I (10–1–99 Edition)

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00064 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.190

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00065 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.190 47 CFR Ch. I (10–1–99 Edition)

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00066 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.190

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00067 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.190 47 CFR Ch. I (10–1–99 Edition)

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00068 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.190

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00069 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.190 47 CFR Ch. I (10–1–99 Edition)

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00070 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.190

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00071 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.190 47 CFR Ch. I (10–1–99 Edition)

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00072 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.190

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00073 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.190 47 CFR Ch. I (10–1–99 Edition)

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00074 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.201

[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 Channel spectrum between 88 MHz and 108 MHz. Frequency (Mc/s) No.

It is divided into 100 channels of 200 88.1 ...... 201 kHz each. For convenience, the fre- 88.3 ...... 202

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

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 90.1 ...... 211 104.5 ...... 283 90.3 ...... 212 104.7 ...... 284 90.5 ...... 213 104.9 ...... 285 90.7 ...... 214 105.1 ...... 286 90.9 ...... 215 105.3 ...... 287 91.1 ...... 216 105.5 ...... 288 91.3 ...... 217 105.7 ...... 289 91.5 ...... 218 105.9 ...... 290 91.7 ...... 219 106.1 ...... 291 91.9 ...... 220 106.3 ...... 292 92.1 ...... 221 106.5 ...... 293 92.3 ...... 222 106.7 ...... 294 92.5 ...... 223 106.9 ...... 295 92.7 ...... 224 92.9 ...... 225 107.1 ...... 296 93.1 ...... 226 107.3 ...... 297 93.3 ...... 227 107.5 ...... 298 93.5 ...... 228 107.7 ...... 299 93.7 ...... 229 107.9 ...... 300 93.9 ...... 230 NOTE: The frequency 108.0 MHz may be assigned to VOR 94.1 ...... 231 test stations subject to the condition that interference is not 94.3 ...... 232 caused to the reception of FM broadcasting stations, present 94.5 ...... 233 or future. 94.7 ...... 234 94.9 ...... 235 [28 FR 13623, Dec. 14, 1963, as amended at 30 95.1 ...... 236 FR 4480, Apr. 7, 1965; 52 FR 10570, Apr. 2, 1987] 95.3 ...... 237 95.5 ...... 238 95.7 ...... 239 § 73.202 Table of Allotments. 95.9 ...... 240 96.1 ...... 241 (a) General. The following Table of 96.3 ...... 242 Allotments contains the channels 96.5 ...... 243 (other than noncommercial edu- 96.7 ...... 244 cational Channels 201–220) designated 96.9 ...... 245 97.1 ...... 246 for use in communities in the United 97.3 ...... 247 States, its territories, and possessions. 97.5 ...... 248 All listed channels are for Class B sta- 97.7 ...... 249 97.9 ...... 250 tions in Zones I and I–A and for Class 98.1 ...... 251 C stations in Zone II unless otherwise 98.3 ...... 252 specifically designated. 98.5 ...... 253 (1) Channels designated with an as- 98.7 ...... 254 98.9 ...... 255 terisk may be used only by non- 99.1 ...... 256 commercial educational broadcast sta- 99.3 ...... 257 tions. The rules governing the use of 99.5 ...... 258 99.7 ...... 259 those channels are contained in § 73.501. 99.9 ...... 260 (2) Each channel listed in the Table 100.1 ...... 261 of Allotments reflects the class of sta- 100.3 ...... 262 100.5 ...... 263 tion that is authorized, or has an appli- 100.7 ...... 264 cation filed, to use it based on the min- 100.9 ...... 265 imum and maximum facility require- 101.1 ...... 266 ments for each class contained in 101.3 ...... 267 101.5 ...... 268 § 73.211. 101.7 ...... 269 101.9 ...... 270 NOTE: The provisions of this paragraph 102.1 ...... 271 [(a)(2) of this section] become effective [3 102.3 ...... 272 years from the effective date of the Report 102.5 ...... 273 and Order in BC Docket 80–90]. 102.7 ...... 274 102.9 ...... 275 (b) Table of FM Allotments.

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

ALABAMA ALABAMAÐContinued

Channel No. Channel No.

Abbeville ...... 232C3 Muscle Shoals ...... 288A Addison ...... 289A Northport ...... 264C3 Albertville ...... 286C Oneonta ...... 249A Alexander City ...... 291C1 Opelika ...... 244A Andalusia ...... 251C1, 279A Opp ...... 272A Anniston ...... 263C Orange Beach ...... 289A Arab ...... 224A Orrville ...... 274A Ashland ...... 238A Oxford ...... 250A Athens ...... 282C Ozark ...... 280C3, 285A Atmore ...... 290A Phoenix City ...... 261A Auburn ...... 249A Pine Hill ...... 244C3 Bay Minette ...... 288A Prattville ...... 236C2 Birmingham ...... 229C, 233C, 243C, 258C, 284C, Reform ...... 269C2 295C, 299C Repton ...... 266A Brantley ...... 262A Roanoke ...... 272C3 Brewton ...... 292A Rogersville ...... 230A Brundidge ...... 234A Russellville ...... 249A Butler ...... 228C2 Saint Florian ...... 274A Camden ...... 272A Scottsboro ...... 252A Carrollton ...... 231C Selma ...... 261C2, 265C2, 287C2 Centre ...... 290A Sheffield ...... 292C3 Chickasaw ...... 252C2 Smiths ...... 267A Citronelle ...... 271C3 Stevenson ...... 269A Clanton ...... 249A Sylacauga ...... 252A Columbia ...... 221A Talladega ...... 224A, 248A Columbiana ...... 268A Tallassee ...... 260A Cordova ...... 237A Thomaston ...... 249A Cullman ...... 221A, 266C Thomasville ...... 238C3 Dadeville ...... 247A Trinity ...... 223A Daphne ...... 293C2 Troy ...... 289C Decatur ...... 245C, 271C1 Trussville ...... 290A Demopolis ...... 293C3 Tuscaloosa ...... 225C1, 239C1, 288A Dora ...... 223A Tuscumbia ...... 262C Dothan ...... 238C, 259C1, 267A, 273C3 Tuskegee ...... 240A Elba ...... 266A Union Springs ...... 231A Enterprise ...... 245C, 294C Uniontown ...... 298A Eufaula ...... 224C2, 250A Valley ...... 237A Eutaw ...... 282A Vernon ...... 293A Eva ...... 260A Warrior ...... 254C1, 254C2 Evergreen ...... 227C1 Wetumpka ...... 250A Fairhope ...... 221C3 Winfield ...... 290A Fayette ...... 251C1 York ...... 285C2 Florence ...... 241A, 297C Fort Mitchell ...... 252A Fort Rucker ...... 263A ALASKA Fruithurst ...... 274A Gadsden ...... 279C Channel No. Geneva ...... 229C1 Georgiana ...... 299C2 Anchorage ...... 225C, 229C2, 247C1, 251C1, Glencoe ...... 226A 255C1, 263C2, 267C2, 271C3, Greensboro ...... 256A 276C1, 281C1,287C1, 293C1, Greenville ...... 232A, 240A 298C1 Grovehill ...... 291C3 Bethel ...... 252C3, 261C3 Guntersville ...... 240C3 College ...... 280C3 Haleyville ...... 224A Cordova ...... 265A Hamilton ...... 221A Delta Junction ...... 228A Hartselle ...... 291C3 Dillingham ...... 256A Headland ...... 287C3 Fairbanks ...... 240C3, 245C3, 251C1, 266C2, Homewood ...... 247A 273C, 284C3 Huntsville ...... 236C2, 256C Haines ...... *272A Jackson ...... 233C2 Homer ...... 278C Jasper ...... 273C Houston ...... 221A, 234C2, 241A, 242A Linden ...... 275C2, 253C1 Juneau ...... 264A, 274A, 282A, 286A, 292C3 Lisman ...... 299A Kasilof ...... 295A Luverne ...... 282C1 Kenai ...... 261C3 Meridianville ...... 231A Ketchikan ...... 260A, 290C3, 294A Millbrook ...... 246A King Salmon ...... 221A Mobile ...... 225C, 235C, 241C, 248C, 260C Kodiak ...... 261A, 266A Monroeville ...... 257C2 Kotzebue ...... 280A Montgomery ...... 222C, 241A, 255C1, 255C2, 270C, Naknek ...... 265A 277C Nikiski ...... 227C2 Moulton ...... 276A Nome ...... 241A, 262A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

ALASKAÐContinued ARIZONAÐContinued

Channel No. Channel No.

North Pole ...... 262C1 Strasburg ...... 272A Palmer ...... 238C1 Scottsdale ...... 264C Petersburg ...... *265A Sedona ...... 275C, 298C Seward ...... 290A Show Low ...... 228C2, 243C Sitka ...... 276C2, 284A Sierra Vista ...... 265A, 269A Soldotna ...... 243C3, 269C3 Somerton ...... 260C3 Sterling ...... Springerville ...... 269C1 Valdez ...... 227A Sun City ...... 292C2 Wasilla ...... 259C1, 265C2 Tempe ...... 250C Wrangell ...... *269A Thatcher ...... 256C Yakutat ...... 280A Tuba City ...... 250C1 Tucson ...... 225C, 229C, 235C, 241C, 258C, 281A, 298C ARIZONA Tusayan ...... 221A Wellton ...... 283C2, 240A Channel No. Wickenburg ...... 231C3, 287C2 Willcox ...... 223C3, 285C2 Ajo ...... 252A Williams ...... 244A Apache junction ...... 296C2 Window Rock ...... 241C1, 274C3 Arizona City ...... 293A Winslow ...... 236C Bagdad ...... 276C3 Yarnell ...... 258A Benson ...... 249A Yuma ...... 226C, 236C, 265A Bisbee ...... 222A Buckeye ...... 295A Bullhead City ...... 274C EFFECTIVE DATE NOTES: 1. At 64 FR 47405, Casa Grande ...... 288C2 47407-47408, Aug. 31, 1999, Arizona was amend- Chandler ...... 300C ed by removing Oraibi, channel 255C, and Chinle ...... 297C2 adding Leupp, channel 255C; by adding Chino Valley ...... 280C3 Somerton, channel 260C3 and channel 240A at Claypool ...... 291A Clifton ...... 271C1 Wellton, effective Oct. 4, 1999. Colorado City ...... 296C3 2. At 64 FR 50009, Sept. 15, 1999, Arizona Comobabi ...... *275A was amended by adding channel 279C3 at Cottonwood ...... 240C1, 289C3 Flagstaff, effective Oct. 18, 1999. Douglas ...... 237A, 243A Duncan ...... 264A ARKANSAS Eager ...... 223C1 Flagstaff ...... 225C, 230C, 248C, 261C2, 279C3 Channel No. Florence ...... 276C1 Gilbert ...... 280C2 Arkadelphia ...... 265A Glendale ...... 222C, 278C Ashdown ...... 227C3, 280A Globe ...... 247C3, 262C Atkins ...... 257A Green Valley ...... 221C2, 246C3 Augusta ...... 249C2 Holbrook ...... 221C1 Bald Knob ...... 296C3 Kachina Village ...... 286C2 Barling ...... 233A Kearny ...... 287C2 Batesville ...... 226C, 258A Kingman ...... 234C, 261C2, 290C1 Beebe ...... 268A Lake Havasu City...... 224C2, 244C2, 266C3, 283C2, Bella Vista ...... 293C2 286C2 Benton ...... 294C2 Leupp ...... 255C Bentonville ...... 239A, 252C1 Marana ...... 252A Berryville ...... 296C3 Mesa ...... 284C, 227C Blossom ...... 224C2 Miami ...... 252A Blytheville ...... 242C1 Munds Park ...... 291A Booneville ...... 284C2 Nogales ...... 252A, 256A Bryant ...... 227A Oracle ...... 292A Cabot ...... 273A Oro Valley ...... 248A, 270A Calico Rock ...... 246A Page ...... 227C2 Camden ...... 246C2, 283A Paradise Valley ...... 290C2 Cherokee Village ...... 252A Parker ...... 230C3, 257C2 Clarendon ...... 281A Payson ...... 257A, 266C1, 282C Clarksville ...... 224A, 295A Phoenix ...... 233C, 238C, 245C, 254C, 260C, Clinton ...... 221C3 268C, 273C Coalgate ...... 288C2 Pima ...... 296A Colt ...... 272C2 Pinetop ...... 294C1 Conway ...... 224A, 286C1 Prescott ...... 256C, 271C Corning ...... 228A Prescott Valley ...... 252C2, 294C2 Cotton Plant ...... 257A Quartzsite ...... 232A Crossett ...... 285A Safford ...... 231C1 Danville ...... 288A Salome ...... 241A Dardanelle ...... 272C3 Seligman ...... 277A De Witt ...... 247C2 St. Johns ...... 239C DeQueen ...... 221C2

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

ARKANSASÐContinued ARKANSASÐContinued

Channel No. Channel No.

Dermott ...... 276A, 289A Prairie Grove ...... 235C2 Des Arc ...... 284A Rogers ...... 232C2 Dumas ...... 295C3 Russellville ...... 265A Earle ...... 280C3 Saint Paul ...... 287A East Camden ...... 237C1 Salem ...... 265A El Dorado ...... 227C3, 240A, 254C3, 268A, 277C1 Searcy ...... 260C2 England ...... 243C3 Sheridan ...... 275C2 Eudora ...... 268A Sherwood ...... 271A Eureka Springs ...... 265A Siloam Springs ...... *266A, 289C Fairfield Bay ...... 291C2 Springdale ...... 285A Fayetteville ...... 221C3, 280C1, 300C Stamps ...... 263C2, 282A Fordyce ...... 272A Stuttgart ...... 288A Forrest City ...... 228C3 Texarkana ...... 284A, 292C2, 296A Fort Smith ...... 229C, 256C, 260C, 264C2 Trumann ...... 294A Glenwood ...... 283A Turrell ...... 234A Gosnell ...... 297A Van Buren ...... 274C2 Gould ...... 273A Viola ...... 232C3 Greenwood ...... 268A, 292C3 Waldo ...... 256A Grosnell ...... 230A Waldron ...... 276C2 Gurdon ...... 295C3 Walnut Ridge ...... 292A Hamburg ...... 258A Warren ...... 288A Hampton ...... 293C3 West Helena ...... 233C3, 285A Hardy ...... 284A White Hall ...... 283A Harrisburg ...... 240C3 Wrightsville ...... 299C2 Harrison ...... 244A, 241C2, 275C1 Wynne ...... 223C2 Hatfield ...... 281C2 Yellville ...... 269A Heber Springs ...... 264C2 Helena ...... 233C3, 276C3 Hope ...... 269C2, 285A EFFECTIVE DATE NOTES: 1. At 64 FR 47405, Horseshoe Bend ...... 293A 47407, Aug. 31, 1999, Arkansas was amended Hot Springs ...... 244A, 248C1, 290C1 by adding Cotton Plant, channel 257A and Hot Springs Village .... 225A Kensett, channel 289A, effective Oct. 4, 1999. Hoxie ...... 287A 2. At 64 FR 49683, Sept. 14, 1999, Arkansas Humnoke ...... 269A Huntsville ...... 258C3 was amended by adding Judsonia, channel Jacksonville ...... 262C1 237A, effective Oct. 12, 1999. Jonesboro ...... 263C2, 270C, 300C1 Judsonia ...... 237A CALIFORNIA Kensett ...... 289A Lakeview ...... 228C3 Channel No. Lake City ...... 285C3 Lake Village ...... 240A, 278C3 Alameda ...... 224A Little Rock ...... 231C, 239C, 253C, 258A, 279C Alturas ...... 267C, 293C1, 297C Lonoke ...... 292C2 Anaheim ...... 240A Lowell ...... 270C2 Anderson ...... 234C2 Magnolia ...... 300C1 Apple Valley ...... 272A Malvern ...... 268A Arcadia ...... 296A Mammoth Spring ...... 236C1 Arcata ...... 226C Marianna ...... 287A Arnold ...... 240A, 291B1 Marion ...... 296A Arvin ...... 223A Marked Tree ...... 229A Atascadero ...... 283B Marshall ...... 282C Atwater ...... 223A Maumelle ...... 235C, 245A Auberry ...... 286B1 Mena ...... 242C1, 271C3, 287C3 Auburn ...... 266B Monticello ...... 229C3, 260C3 Avalon ...... 224A Morrilton ...... 269A Avenal ...... 289A Mountain Home ...... 250C2, 288C2, 298C1 Baker ...... 235B1, 268B Mountain Pine ...... 270A Bakersfield ...... 221A, 231B, 243B, 257B1, 268B, Mountain View ...... 277C 296A, 300B Murfreesboro ...... 258C3 Barstow ...... 232B1, 240B1 Nashville ...... 245A, 288A Beaumont ...... 265A Newport ...... 244C2 Berkeley ...... 231B, 275B North Crossett ...... 274C3 Big Bear City ...... 227A North Little Rock ...... 266A Big Bear Lake ...... 269A Ola ...... 267A Big Pine ...... 227B Ozark ...... 244A Bishop ...... 264B Pangburn ...... 256A Blue Lake ...... 292A Paragould ...... 296A Blythe ...... 262B Paris ...... 237C2 Booneville ...... 241A Piggott ...... 288A Brawley ...... 233B, 241B Pine Bluff ...... 222C1, 257A, 267C3 Burney ...... 291C Pocohontas ...... 281A Calexico ...... 249A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

CALIFORNIAÐContinued CALIFORNIAÐContinued

Channel No. Channel No.

California City ...... 295A Grover Beach ...... 297B Calipatria ...... 265A Guadalupe ...... 288A Calistoga ...... 265A Gualala ...... 263b1 Camarillo ...... 212B, 240B1 Hamilton City ...... 269A Cambria ...... 235B1, 278A Hanford ...... 233A, 279B, 298B Carlsbad ...... 239B Healdsburg ...... 225B, 240A, 244A Carmel ...... 238A, 269A Hollister ...... 228A Carmel Valley ...... 290A Holtville ...... 261A Carnelian Bay ...... 279C1 Huron ...... 252A Carpinteria ...... 269A Hydesville ...... 231C1 Cartago ...... 275A Idyllwild ...... 267A Cathedral City ...... 253B Imperial ...... 257A Central Valley ...... 257C2 Independence ...... 223B Chester ...... 255C, 259A Indio ...... 224A, 272A Chico ...... 230B1, 236B, 224A Inglewood ...... 280A China Lake ...... 274A Jackson ...... 259A Chowchilla ...... 227A Johannesburg ...... 280B1 Clovis ...... 221B Joshua Tree ...... 221A Coachella ...... 229B Julian ...... 261A Coalinga ...... 247A, 261B Kerman ...... 232A, 237A Coarsegold ...... 233A Kernville ...... 273A Columbia ...... 255A King City ...... 230B1, 271B Colusa ...... 276A, 298B Kings Beach ...... 299C3 Compton ...... 272A Kingsburg ...... 292A Copperopolis ...... 288A La Quinta ...... 244A Corcoran ...... 272B1 Lake Arrowhead ...... 280A Corning ...... 264C1 Lake Isabella ...... 283A Cresent City ...... 232C3 Lakeport ...... 252A, 258B Cresent North ...... 250C2 Lancaster ...... 292A Davis ...... 282A Lenwood ...... 245A, 283A Delano ...... 253B, 287B Lindsay ...... 277B1 Desert Center ...... 288A Livermore ...... 269A Dinuba ...... 255B Livingston ...... 240A Dunnigan ...... 288B1 Lodi ...... 249A Dunsmuir ...... 261C3 Lompoc ...... 262B1, 281B1, 285A, 294B1 Earlimart ...... 228A Long Beach ...... 288A East Hemet. Los Altos ...... 249A East Los Angeles ...... 250B Los Angeles...... 222B, 226B, 230B, 234B, 238B, East Porterville ...... 263B1 242B, 246B, 254B, 258B, 262B, El Cajon ...... 227B 266B, 274B, 278B, 282B, 286B, El Centro ...... 298B 290B, 298B El Rio ...... 279A Los Banos ...... 284B, 295A Ellwood ...... 233B Los Gatos ...... 237A Escondido ...... 221A Los Molinos ...... 269A Esparto ...... 250A Los Osos-Baywood 267B Essex ...... 255B, 280B Pk. Eureka ...... 222C1, 242C, 268C, 288C1 Lost Hills ...... 289A Fair Oaks ...... 234B1 Lucerne Valley ...... 293A Fallbrook ...... 296A Ludlow ...... 261B1, 289A Farmington ...... 232A Madera ...... 296B1 Felton ...... 229A Mammoth Lakes ...... 293B1 Ferndale ...... 257A Manteca ...... 244A Firebaugh ...... 234A Maricopa ...... 235A Ford City ...... 271A Marina ...... 224B1 Fort Bragg ...... 228B, 237B1, 253B1 Mariposa ...... 242B, 280A Fortuna ...... 262C1 Marysville ...... 260B Fowler ...... 244B1 McCloud ...... 238C3 Freedom ...... 298A McFarland ...... 247A, 275B1 Fremont ...... 285A Mecca ...... 249A Fresno ...... 229B, 239B, 250B, 257A, 266B, Mendocino ...... 224A 270B, 274B, 290B Mendota ...... 263A Garberville ...... 279C1, 284C Merced ...... 231A, 248B, 292A, 299A Garden Grove ...... 232A Middletown ...... 254A George ...... 264A Modesto ...... 230A, 272A, 277B, 281B Gilroy ...... 233B Mojave ...... 249A Glendale ...... 270B Monte Rio ...... 249B1 Goleta ...... 292A Montecito ...... 225A Gonzales ...... 282A Monterey ...... 245B Grass Valley ...... 232B1, 257A, 277A Morro Bay ...... 231A, 259A Greenacres ...... 291B1 Morgan Hill ...... 241A Greenfield ...... 258B, 300B Mount Bullion ...... 260B Gridley ...... 268A Mount Shasta ...... 300A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

CALIFORNIAÐContinued CALIFORNIAÐContinued

Channel No. Channel No.

Mountain Pass ...... 259B Soledad ...... 292A Needles ...... 250C1, 296B Solvang ...... 244A Newberry Springs ...... 279A Sonora ...... 224A Newport Beach ...... 276A South Lake Tahoe ..... 230B1, 275C Oakdale ...... 236B South Oroville ...... 285A Oakhurst ...... 276B1 St. Helena ...... 257A Oceanside ...... 271B Stockton ...... 257A, 261A, 297B Oildale ...... 237B1 Sun City ...... 225A OJAI ...... 288A Susanville ...... 222C2, 227C, 242C3 Ontario ...... 228A Sutter Creek ...... 298A Orange Cove ...... 262A Taft ...... 280A, 293A Orcutt ...... 239B1 Tahoe City ...... 243C1 Orland ...... 294B Tecopa ...... 291A Oroville ...... 249B1 Tehachapi ...... 261A, 276A Oxnard ...... 252B1, 275A, 284B Temecula ...... 233A, 277A Pacific Grove ...... 286B1 Templeton ...... 263A Palm Dessert ...... 276A Thousand Oaks ...... 216B, 224A, 234A Palm Springs ...... 263B1, 284B, 291B Tipton ...... 285A Paradise ...... 244B1, 278B1 Tracy ...... 265A Pasadena ...... 294B Truckee ...... 268A Paso Robles ...... 223B, 276A Tulare ...... 235B, 294B Patterson ...... 226B, 246A Tulelake ...... 243C Pismo Beach ...... 237A Turlock ...... 252A Placerville ...... 221A Twin Harte ...... 228A Point Arena ...... 272B1, 296B1 Twentynine Palms ..... 242A, 299B1 Porterville ...... 259B Ukiah ...... 233B, 246A, 277B, 290B Quincy ...... 240A, 262A Vacaville ...... 237B1 Rancho Mirage ...... 258A Ventura ...... 236B, 264B, 296A Red Bluff ...... 239B, 274C2 Victorville ...... 276A Redding ...... 247C, 251C, 282C Visalia ...... 255B, 241A, 246B Redlands ...... 244A Walnut Creek ...... 221A Redondo Beach ...... 228A Weaverville ...... 266A, 276C2 Ridgecrest ...... 224B1, 285B1 Weed ...... 272C1 Rio Del ...... 297C2 Westley ...... 238A Riverside ...... 224A, 248B, 256B West Covina ...... 252A Rohnert Park ...... 285A Williams ...... 256A Rosamond ...... 228A, 288A Willows ...... 292A Roseville ...... 229B1 Windon ...... 254A Sacramento ...... 223B, 241B, 245B, 253B, 263B, Windsor ...... 281A 278A, 286B, 293B, 300B Woodlake ...... 281B Salinas ...... 250A, 264B, 273B, 278A Woodland ...... 281B San Bernardino ...... 236B, 260B Yermo ...... 251B San Clemente ...... 300B Yreka ...... 280C1 San Diego...... 231B, 235B, 243B, 247B, 251B, Yuba City ...... 280B1 264B, 268B, 275B, 279B, 287B, Yucca Valley ...... 295B 293B San Fernando ...... 232A EFFECTIVE DATE NOTES: 1. At 64 FR 47406, San Francisco...... 227B, 235B, 239B, 243B, 247B, 251B, 255B, 259B, 267B, 271B, Aug. 31, 1999, California was amended by add- 279B, 283B, 287B, 291B, 295B ing channel 293A at Taft, effective Oct. 4, San Jacinto ...... 241A 1999. San Joaquin ...... 288A 2. At 64 FR 49089, California was amended San Jose ...... 222B, 253B, 262B, 293B by adding Carmel Valley, channel 290A, ef- San Luis Obispo ...... 227B, 241B, 246B1, 251B fective Oct. 12, 1999. San Mateo ...... 299B 3. At 64 FR 50256-57, California was amend- San Rafael ...... 264A Santa Ana ...... 244A, 292A ed by adding Maricopa, channel 235A, Lost Santa Barbara ...... 229B, 248B, 260B, 277B, 299B1 Hills, channel 289A, and Hamilton City, 269A, Santa Clara ...... 289B effective Oct. 18, 1999. Santa Cruz ...... 256B Santa Margarita ...... 291B1 COLORADO Santa Maria ...... 256B, 273B Santa Paula ...... 244A Channel No. Santa Rosa ...... 261B1, 269A Santa Ynez ...... 290A Alamosa ...... 228A Searcy ...... 260C2 Aspen ...... 249C3, 296C3 Seaside ...... 280A, 296A Avon ...... 276C2 Sebastopol ...... 229A Basalt ...... 291A Shafter ...... 249A, 282A Boulder ...... 247C Shasta Lake City ...... 257C3, 296C3 Buena Vista ...... 281C3 Shingle Springs ...... 270B Breckenridge ...... 272A Shingletown ...... 241A, 287C2 Brush ...... 292A, 296A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

COLORADOÐContinued COLORADOÐContinued

Channel No. Channel No.

Burlington ...... 257C1, 281C1 Trinidad ...... 223C1 Calhan ...... 284A Vail ...... 284C1 Canon City ...... 283A Walden ...... 231C2 Carbondale ...... 244A Walsenburg ...... 272C3, 267C3 Castle Rock ...... 221C2 Wellington ...... 232C3 Center ...... 287A Westcliffe ...... 276A Colorado Springs ...... 225C, 232C, 236C, 251C, 270C Widefield ...... 292C2 Cortez ...... 250C, 254C Windsor ...... 256C Craig ...... 229C1, 273C Yuma ...... 233A, 265C3 Del Norte ...... 242A Delta ...... 236C, 277C2 Denver ...... 239C, 253C, 258C, 262C, 266C, EFFECTIVE DATE NOTES: 1. At 64 FR 47406- 278C, 286C, 290C, 294C 47409, Aug. 31, 1999, Colorado was amended by Dinosaur ...... 247C1 adding channel 267C3 at Walsenburg and La Dolores ...... 227C2 Veta, channel 277A and Center, channel 287A, Dove Creek ...... 273C3 effective Oct. 4, 1999. Durango ...... 259C2, 263C1, 267C1, 287A Eagle ...... 268C 2. At 64 FR 49087-49089, Sept. 10, 1999, Colo- Eckley ...... 237C1 rado was amended by adding Del Norte, El Jebel ...... 263A channel 242A, Dinosaur, channel 247C1, Estes Park ...... 271C3 Poncha Springs, channel 248A, La Jara, Evergreen ...... 243C channel 246A, and Westcliffe, channel 276A, Fort Collins ...... 227C, 300C1 effective Oct. 12, 1999. Fort Morgan ...... 269A Fountain ...... 241C3 3. At 64 FR 50010, Sept. 15, 1999, Colorado Frisco ...... 230A was amended by adding Dove Creek, channel Fruita ...... 260C 273C3, effective Oct. 18, 1999. Glenwood Springs ..... 224C, 238A, 256C3 Grand Junction ...... 222C, 226C, 264C1, 282C, 300C CONNECTICUT Greeley ...... 223C1, 241C1 Gunnison ...... 252C3, 272A Channel No. Hayden ...... 240C3, 297A Holyoke ...... 222C2 Bridgeport ...... 260B Idalia ...... 231A Brookfield ...... 236B Julesburg ...... 243C1 Danbury ...... 252A Kremmling ...... 292C3 East Lyme ...... 254A La Jara ...... 246A Enfield ...... 250A La Junta ...... 221C3, 293C1, Groton ...... 288A La Veta ...... 277A Hamden ...... 267B Lafayette ...... 234C Hartford ...... 229B, 243B, 275B, 290B, 295B Lakewood ...... 298C Hartford-Meriden ...... 239B Lamar ...... 227C1, 289C1 Ledyard ...... 293A Las Animas ...... 297A Litchfield ...... 247A Leadville ...... 228A Middletown ...... 285A Limon ...... 229A, 276C1 New Britain ...... 263B Longmont ...... 282C1 New Haven ...... 232A, 256B Loveland ...... 273C2 New London ...... 265A Manitou Springs ...... 274C Norwalk ...... 240A Meeker ...... 251C Norwich ...... 249A Monte Vista ...... 237A Pawcatuck ...... 299A Montrose ...... 231C, 241C Salisbury ...... 251A New Castle ...... 233A Sharon ...... 277A Oak Creek ...... 281C3 Stamford ...... 244A Otis ...... 252C1 Stonington ...... 272A Ouray ...... 289C Waterbury ...... 223B, 281B Pagosa Springs ...... 292C3 Westport ...... 300B Palisade ...... 253C3 Willimantic ...... 252A Poncha Springs ...... 248A Pueblo ...... 245C, 255C, 260C, 264C, 296C2, 300C1 DELAWARE Pueblo West ...... 280C2 Rifle ...... 287C Channel No. Rocky Ford ...... 238C1 Rye ...... 285A Bethany Beach ...... 240B1, 278A Salida ...... 222C3, 229C3 Dover ...... 234B Security ...... 288C3 Fenwick Island ...... 221A Silverton ...... 279C2, 297C1 Laurel ...... 237A Snowmass Village ..... 280A Lewes ...... 290A Strasburg ...... *249C3, 272A Milford ...... 249A, 267A Steamboat Springs .... 245C2, 255A Millsboro ...... 228B Sterling ...... 284C1, 288A Ocean View ...... 269A Telluride ...... 285C3 Rehoboth Beach ...... 224A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00082 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

DELAWAREÐContinued FLORIDAÐContinued

Channel No. Channel No.

Seaford ...... 253A Gretna ...... 227A Selbyville ...... 250A Gulf Breeze ...... 291A Smyrna ...... 225A Havana ...... 285C2 Wilmington ...... 229B, 258B Hialeah ...... 222C2 High Springs ...... 285A Hobe Sound ...... 288C2 DISTRICT OF COLUMBIA Holiday ...... 246C2 Holly Hill ...... 277A Channel No. Holmes Beach ...... 254C3 Horseshoe Beach ...... 234C3 Washington ...... 230B, 242B, 246B, 254B, 258B, Homosassa Springs .. 237A 262B, 266B, 278B, 297B Immokalee ...... 221A Indian River Shores ... 246C3 Indiantown ...... 276C2 FLORIDA Inglis ...... 282A Jacksonville ...... 236C, 241C, 245C, 256C, 275C, Channel No. 297C1 Jensen Beach ...... 272C1 Alachua ...... 223A Jupiter ...... 292C3 Apalachicola ...... 263C3, 288C2 Key Colony Beach ..... 267C2 Apopka ...... 237A Key Largo ...... 292C2 Atlantic Beach ...... 283C Key West...... 223C1, 228C2, 254C1, 258C1, Avon Park ...... 256C3 296A, 300C1 Baldwin ...... 289A LaBelle ...... 223A Belle Glade ...... 228A LaCrosse ...... 258A Beverly Hills ...... 292C3 Lafayette ...... 260C2 Big Pine Key ...... 281C1 LaCrosse ...... 258A Blountstown ...... 272A Lake City ...... 232C2 Boca Raton ...... 260C Lakeland ...... 231C Bonifay ...... 249C1 Lehigh Acres ...... 296C2 Bonita Springs ...... 241C Live Oak ...... 251C2, 291A Bradenton ...... 278C MacClenny ...... 221C3 Callahan ...... 227C2 Madison ...... 274A Callaway ...... 278C1 Marathon ...... 232C2, 249C1, 288C2 Cape Coral ...... 280C, 292A Marco ...... 255A, 266C1 Carrabelle ...... 293C1 Marianna ...... 231A, 265A Cedar Key ...... 274C3 Mary Esther ...... 288C3 Century ...... 286C3 Melbourne ...... 236A, 292C3, 296C1 Charlotte Harbor ...... 225C1 Mexico Beach ...... 25C2 Chiefland ...... 300A Miami ...... 226C, 243C 247C, 256C1, 268C1, Clearwater ...... 239C1, 250C 298C Clewiston ...... 258C3 Miami Beach ...... 230C, 235C Cocoa ...... 257C2 Micanopy ...... 247C2 Cocoa Beach ...... 266C, 281C Midway ...... 264C3 Coral Cove ...... 300C2 Milton ...... 274C Coral Gables ...... 286C Miramar Beach ...... 292A Crawfordville ...... 231A Monticello ...... 289C3 Crestview ...... 284C1 Mount Dora ...... 299C Cross City ...... 295C1 Murdock ...... 255A Crystal City ...... 253C1 Naples ...... 228A, 233C, 284C2 Dade City ...... 241A Naples Park ...... 288C2 Daytona Beach ...... 233C, 270C1 Navarre ...... 239C3 Defuniak Springs ...... 276C2 Newberry ...... 263C3 Deland ...... 290C New Port Richey ...... 288C1 Destin ...... 221C3 Niceville ...... 262A Dunnellon ...... 272C2 Nocatee ...... 287A Edgewater ...... 226C3 North Miami Beach .... 239C2 Englewood ...... 290A Ocala ...... 224A, 229C Fernandina Beach ..... 287A Orlando ...... 222C, 243C, 255C2, 262C, 286C Five Points ...... 293A Ormond-By-The-Sea 239C3 Fort Lauderdale ...... 264C, 278C, 290C, 294C Othello ...... 248C2 Fort Mead ...... 252C2 Otter Creek ...... 240A Fort Myers ...... 237C1, 245C, 270C Palatka ...... 260C Fort Myers Beach ...... 257C2 Palm Beach ...... 250C Fort Myers Villas ...... 292C2 Panama City ...... 223C1, 253C, 290C2, 300C1 Fort Pierce ...... 238C1, 254C Panama City Beach ... 261C3, 286C2 Fort Walton Beach ..... 243C1, 258C2 Parker ...... 233C Gainesville ...... 265A, 279C1, 287A Pensacola ...... 231C, 254C2, 264C, 268C, 297C Gifford ...... 234A Perry ...... 221A, 228A, 299C3 Goulds ...... 252C Plantation Key ...... 262C1, 276C3 Graceville ...... 269A Pompano Beach ...... 274C Green Cove Springs .. 224A Ponte Vedra Beach ... 227A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00083 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

FLORIDAÐContinued GEORGIAÐContinued

Channel No. Channel No.

Port Charlotte ...... 261C1 Camilla ...... 288A Port St. Joe ...... 228C2 Canton ...... 289C2 Port St. Lucie ...... 267A Carrollton ...... 221A Punta Rassa ...... 249C3 Chatsworth ...... 255A Quincy ...... 268C1 Chauncey ...... 267C2 Riviera Beach ...... 232C3 Clarkesville ...... 275C3 Rock Harbor ...... 271C2 Claxton ...... 297C3 Rockledge ...... 274C2 Clayton ...... 281A Safety Harbor ...... 223C2 Cleveland ...... 270A San Carlos Park ...... 253C3 Cochran ...... 244A Santa Rosa Beach .... 271C3 Columbus ...... 275C, 285A, 297C Sarasota ...... 273C, 282A, 293C2 Coosa ...... 237A Satellite Beach ...... 253A Cordele ...... 252A Sebastian ...... 240C3 Cornelia ...... 257C2 Sebring ...... 289C3 Crawford ...... 271C3 Silver Springs ...... 238A Cusseta ...... 279A Solana ...... 285A Cuthbert ...... 264A Springfield ...... 240C2, 266A Dahlonega ...... 282A St. Augustine ...... 231C3, 250C2 Dalton ...... 283A St. Augustine Beach .. 288C3 Dawson ...... 221A St. Petersburg ...... 258C, 268C1, 297C1 Dock Junction ...... 290C3 Starke ...... 292A Donalsonville ...... 292A, 298A Stuart ...... 224C2 Douglas ...... 258C1, 294C1 Summerland Key ...... 273C2 Dublin ...... 224C2, 240C1 Tallahassee ...... 235C1, 241C2, 255C1, 276C2, Eastman ...... 248A 281C, 291A Eatonton ...... 249C3 Tampa ...... 227C, 235C, 264C, 284C1 Elberton ...... 221A, 286A Tavares ...... 294C1 Ellijay ...... 228A Tavernier ...... 245C3 Evans ...... 222A Tice ...... 275C2 Fayetteville ...... 248C3 Titusville ...... 251C1 Fitzgerald ...... 245A Trenton ...... 269C3 Folkston ...... 223A Venice ...... 221C3 Forsyth ...... 261A Vero Beach ...... 229C2, 259C2, 269A, 279C2 Fort Valley ...... 250C3, 292C2 Watertown ...... 271C3, 289A Gainesville ...... 246C West Palm Beach ...... 221C3, 282C, 300C1 Gainsville ...... 294C White City ...... 284A Gibson ...... 232A Williston ...... 267A Glennville ...... 292A Wilson Creek ...... 277C3 Gordon ...... 296A Winter Haven ...... 248C Gray ...... 243A Winter Park ...... 276C3 Greensboro ...... 280A Woodville ...... 250A Greenville ...... 239C3 Yankeetown ...... 242A Hampton ...... 300C1 Zolfo Springs ...... 295A Harlem ...... 236C3 Hawkinsville ...... 280C3 Hazlehurst ...... 228C2 GEORGIA Helen ...... 286A Hinesville ...... 222C2, 284C3 Channel No. Hogansville ...... 251C3 Homerville ...... 254A Adel ...... 221A Irwinton ...... 279A Albany ...... 242C1, 269A, 283C1 Jackson ...... 221A Alma ...... 282A Jeffersonville ...... 229C2 Americus ...... 234C3, 254C3 Jesup ...... 288C3 Ashburn ...... 289A Kingsland ...... 292A Athens ...... 238C, 284C La Grange ...... 281C1 Atlanta ...... 225C1, 235C, 241C, 253C, 259C, Lakeland ...... 290C3 277C Leesburg ...... 278C3 Augusta ...... 272A, 276A, 282C, 289C Louisville ...... 221A Bainbridge ...... 247C, 270A Lumpkin ...... 257C2 Baxley ...... 233C Lyons ...... 265A Blackshear ...... 286C2 Mableton ...... 273A Blakely ...... 266C3 Macon ...... 222A, 256C1, 287C1 Blue Ridge ...... 280A Manchester ...... 227C Bolingbroke ...... 271A Marietta ...... 268C Boston ...... 292A Martinez ...... 230C3, 299C2 Bostwick ...... 222A McRae ...... 274A Bowdon ...... 288A Metter ...... 279A Broxton ...... 279A Midway ...... 252C1 Brunswick ...... 264C1, 268C, 281A Milan ...... 285C2 Buford ...... 272A Milledgeville ...... 264A, 272A Cairo ...... 272A Millen ...... 235C3

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00084 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

GEORGIAÐContinued HAWAIIÐContinued

Channel No. Channel No.

Montezuma ...... 236A Honolulu ...... 226C, 230C1, 234C1, 238C, 248C1, Moultrie ...... 230C1 253C1, 258C1, 262C1, 286C, Mt. Vernon ...... 269A 290C Nashville ...... 237C3 Kahalu'u ...... 291C Ocilla ...... 249A, 253A Kahului ...... 260C1 Omega ...... 298A Kailua ...... 242C Peachtree City ...... 244A Kailua-Kona ...... 230C Pearson ...... 270A Kaneohe ...... 282C Pelham ...... 222A Kaunakakai ...... 272C Perry ...... 265A Kawaihae ...... 295A Quitman ...... 287C3 Keaau ...... 286C2 Reidsville ...... 281A Kealakekua ...... 268C1 Richmond Hill ...... 287C3 Kekaha ...... 277C1 Ringgold ...... 229A, 270A Kihei ...... 298C2 Rockmart ...... 296C2 Kurtistown ...... 271A Rome ...... 249C3, 272A Lahaina ...... 228C, 266C1 Lanai City ...... 284C2 Rossville ...... 288A Lihue ...... 228C1, 245C1, 251C1 Roswell ...... 298C3 Makawao ...... 232A Royston ...... 279C3 Nanakuli ...... 295A Sandersville ...... 260A Paauilo ...... 279C Savannah ...... 226C1, 231C, 238C1, 243C, 247C, Pearl City ...... 270C 271C Poipu ...... 240C1 Smithville ...... 293A Princeville ...... 255C1, 260C1 Smyrna ...... 231C Pukalani ...... 252C2 Soperton ...... 291A Volcano ...... 299C3 Sparta ...... 274A Wahiawa ...... 278A Springfield ...... 280A Wailuku ...... 236C St. Marys ...... 227C2 Waimea ...... 256C St. Simons Island ...... 224A Waipahu ...... 222C, 274C Statenville ...... 248A Statesboro ...... 261C2, 275C3 Swainsboro ...... 251A, 263A EFFECTIVE DATE NOTE: At 64 FR 49088-49092, Sylvania ...... 293A Sept. 10, 1999, Hawaii was amended by adding Sylvester ...... 271A, 291A Captain Cook, channel 226C1, Nanakuli, Talking Rock ...... 261A channel 295A, Wahiawa, channel 278A, Tennille ...... 270A Hanapepe, channel 232C1, Holualoa, channel Thomaston ...... 266A Thomasville ...... 296C1 221C2, Honokaa, channel 275C2, Kihei, chan- Thomson ...... 269A nel 298C2, and Kurtistown, channel 271A, ef- Tifton ...... 223C3, 262C fective Oct. 12, 1999. Toccoa ...... 291C Trenton ...... 274A IDAHO Trion ...... 239A Unadilla ...... 260A Channel No. Valdosta ...... 225C1, 239C1, 244C2, 266C1, 300C3 Aberdeen ...... 258C2 Vidalia ...... 249A American Falls ...... 281C1 Warner Robins ...... 269A, 273A Ashton ...... 243A Warrenton ...... 226A Blackfoot Falls ...... 247C, 268C, Washington ...... 261A Boise ...... 222C, 250C, 282C, 286C Waycross ...... 249A, 273C1, 277C Bonners Ferry ...... 221A Waynesboro ...... 265A, 296C3 Burley ...... 260C Westpoint ...... 265A Caldwell ...... 231C, 277C, 296C Wrens ...... 245C3 Chubbuck ...... 253C2 Wrightsville ...... 298A Coeur D'Alene ...... 272A, 276C2 Zebulon ...... 223A Driggs ...... 271A Eagle ...... 300C Emmett ...... 270C HAWAII Franklin ...... 249A Fruitland ...... 258C1 Channel No. Garden City ...... 290C Gooding ...... 264C3 Aiea ...... 300C Grangeville ...... 224C3 Captain Cook ...... 226C1 Hailey ...... 294C Haiku ...... 293C Hayden ...... 233C Hali'imaile ...... 288A Hazelton ...... 232C3 Hanapepe ...... 232C1 Homedale ...... 292C Hilo ...... 224A, 234C1, 240C2, 246C2, Idaho Falls ...... 241C, 256C1, 277C1, 288C1, 296A 250C1, 262C1 Island Park ...... 275C Holualoa ...... 221C2 Jerome ...... 275C1 Honokaa ...... 275C2 Ketchum ...... 284C

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

IDAHOÐContinued ILLINOISÐContinued

Channel No. Channel No.

Kootenai ...... 294A Columbia ...... 285C3 Lewiston ...... 243C1, 268C1, 286A, 295C Crest Hill ...... 252A McCall ...... 252C1, 266C1, 294A Crete ...... 272A Moscow ...... 291C1 Danville ...... 235A, 256B, 271B Mountain Home ...... 256C1 Decatur ...... 226A, 236B, 275B Nampa ...... 235C, 245C DeKalb ...... 223B, 235A New Plymouth ...... 226C Des Planes ...... 294B Orofino ...... 237C3, 253A Dixon ...... 269A Payette ...... 262C1 Duquoin ...... 240A Pocatello ...... 221A, 229C, 235C, 273C Dundee ...... 280A Preston ...... 244C1 Dwight ...... 255A Rexburg ...... 232C3, 251C1, 263C1 Earlville ...... 275A Rupert ...... 223C East Moline ...... 267B Salmon ...... 224A, 233A East St. Louis ...... 266C2 Sandpoint ...... 237C1, 273A Effingham ...... 239B, 249A Shelley ...... 292C1 Eldorado ...... 272A Soda Springs ...... 261A Elgin ...... 232A Sun Valley ...... 237C1, 279C, 298C Elmwood ...... 247B1 Twin Falls ...... 239C1, 243C1, 252C1, 269A Elmwood Park ...... 290B Victor ...... 222A, 282A Eureka ...... 253A Weston ...... 240A Evanston ...... 286B Wallace ...... 248C2, 264C Fairbury ...... 299B1 Fairfield ...... 285A, 290A Farmer City ...... 252A EFFECTIVE DATE NOTE: At 64 FR 50010, Farmington ...... 234A Sept. 15, 1999, Idaho was amended by adding Fisher ...... 273A Kootenai, channel 294A and Hazelton, chan- Flora ...... 280A nel 232C3, effective Oct. 18, 1999. Freeport ...... 221A, 253B, 295A Galatia ...... 255A Galena ...... 298A ILLINOIS Galesburg ...... 224A, 235B Galva ...... 273A Channel No. Gibson City ...... 292A Glasford ...... 266A Aledo ...... 272A Golconda ...... 232A Alton ...... 262B Granite City ...... 293C1 Anna ...... 243C2 Arcola ...... 300A Greenville ...... 269A Arlington Heights ...... 224A Harrisburg ...... 260B Atlanta ...... 242A Havana ...... 257A Augusta ...... 253A Henry ...... 263A Aurora ...... 240A, 300B Herrin ...... 224B1 Ava ...... 280A Heyworth ...... 250A Bartonville ...... 260A Highland Park ...... 276A Beardstown ...... 232A Hillsboro ...... 259B Belvidere ...... 285A Hoopeston ...... 265A Benton ...... 292B1 Jacksonville ...... 263B Bethalto ...... 238A Jerseyville ...... 281B Bloomington ...... 268B Joliet ...... 228A, 244A Breese ...... 248A Kankakee ...... 224A, 236A, 260B Bushnell ...... 284A Kewanee ...... 230A Canton ...... 252A, 300B1 Knoxville ...... 287A Carbondale ...... 268C1 La Salle ...... 257B1 Carlyle ...... 244A Lansing ...... 292A Carmi ...... 247B Lawrenceville ...... 276A Carrier Mills ...... 283A Le Roy ...... 281B Carterville ...... 236A Lena ...... 271A Carthage ...... 221B1, 230A Lexington ...... 258A Casey ...... 282B1 Lincoln ...... 230B1 Cedarville ...... 258A Litchfield ...... 291B Centralia ...... 237A Loves Park ...... 244A Champaign ...... 233B, 248B, 262B1 Lynnville ...... 296A Charleston ...... 221A Macomb ...... 240A, 261A, 274B1 Chicago ...... 226B, 230B, 234B, 238B, 242B, Mahomet ...... 290A 246B, 250B, 254B, 258B, 262B, Marion ...... 297B 266B, 278B, 282B, 298B Maroa ...... 297A Chillicothe ...... 232A Marseilles ...... 243A Christopher ...... 278A Marshall ...... 290A Clifton ...... 297A Mattoon ...... 245B Clinton ...... 240A Mendota ...... 261A Coal City ...... 264A Metropolis ...... 252C2, 288A Colchester ...... 244A, 281A Moline ...... 245B Colfax ...... 255A Monmouth ...... 249A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00086 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

ILLINOISÐContinued INDIANA

Channel No. Channel No.

Monticello ...... 288A Alexandria ...... 224A Morris ...... 276A, 284B Anderson ...... 250B, 254A Morrison ...... 274A Angola ...... 262A Morton ...... 272A Attica ...... 239A Mount Carmel ...... 235B Auburn ...... 272A Aurora ...... 257A Mount Morris ...... Austin ...... 224A, 242A Mount Olive ...... 287A Batesville ...... 280A Mount Vernon ...... 231B, 271B1 Battle Ground ...... 254A Mount Zion ...... 257A Bedford ...... 288A Murphysboro ...... 286B1 Berne ...... 224A Nashville ...... 284A Bicknell ...... 289A Neoga ...... 255A, 267B1 Bloomfield ...... 266A Newton ...... 278B1 Bloomington ...... 222B, 224A, 279B Normal ...... 244A, 264A Bluffton ...... 261A Oak Park ...... 274B Booneville ...... 296A Ogelsby ...... 271A Brazil ...... 249A Olney ...... 225B Bremen ...... 245A Oregon ...... 239A Brookston ...... 237A Ottawa ...... 237A Brownsburg ...... 270A Pana ...... 265A Cannelton ...... 275C3 Paris ...... 253B Chandler ...... 228A Paxton ...... 285A Charlestown ...... 282A Pekin ...... 238B1, 285A Churubusco ...... 242B1 Clarksville ...... 226A Peoria ...... 222A, 227B, 289B, 295B Clinton ...... 230A Peru ...... 265A Columbia City ...... 292A Petersburg ...... 249A Columbus ...... 268B, 285A Pinckneyville ...... 282A Connersville ...... 262B Pittsfield ...... 248B1 Corydon ...... 243A, 299B Plano ...... 296A Covington ...... 276A Polo ...... 299A Crawfordsville ...... 280A, 292A Pontiac ...... 229B1 Crown Point ...... 280A Princeton ...... 251A Danville ...... 296A Quincy ...... 258B, 280A, 286B Decatur ...... 286B1 Ramsey ...... 227A Delphi ...... 275A Rantoul ...... 237A, 241A Earl Park ...... 251B1 Robinson ...... 269A Edinburgh ...... 275A Rochelle ...... 272A Elkhart ...... 264B, 284B Rock Island ...... 255B Ellettsville ...... 286A Rockford ...... 248B, 265A Elwood ...... 269A Rockton ...... 276A Evansville ...... 281B, 287B, 298A Rushville ...... 223A Farmersburg ...... 242A Salem ...... 261A Ferdinand ...... 253A Savanna ...... 262B1 Fort Branch ...... 268A Seneca ...... 239A Fort Wayne ...... 222A, 236B, 247B, 269A, 280A Shelbyville ...... 286B1 Fowler ...... 291A Frankfort ...... 259B Skokie ...... 270B Franklin ...... 240A South Jacksonville ..... 288A French Lick ...... 261A Spring Valley ...... 277A Goshen ...... 249A Springfield ...... 254B, 270B, 279B, 283B Greencastle ...... 232A Sterling ...... 232A Greenfield ...... 258B Streator ...... 249A, 291A Greensburg ...... 297B Sullivan ...... 294B1 Greenwood ...... 294A Taylorville ...... 224B1, 232A, 247A Hammond ...... 222B Teutopolis ...... 272A Hardinsburg ...... 245A Tower Hill ...... 252A Hartford City ...... 228A Tuscola ...... 228A Huntingburg ...... 265B1 Urbana ...... 223B1, 296A Huntington ...... 275A Vandalia ...... 296A Indianapolis ...... 226B, 234B, 238B, 242A, 277B, Virden ...... 244A 283B, 289B, 300B Virginia ...... 267A Jasper ...... 284B Watseka ...... 231B Jeffersonville ...... 239B Waukegan ...... 272A Kendallville ...... 227B West Frankfort ...... 249A Kentland ...... 269A Wilmington ...... 288A Knox ...... 257A Winnebago ...... 237A Kokomo ...... 223A, 263B Woodlawn ...... 295A La Porte ...... 244A Woodstock ...... 288A Lafayette ...... 228A, 243B, 287B Zion ...... 245B Lagrange ...... 288A Lebanon ...... 265A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00087 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

INDIANAÐContinued IOWAÐContinued

Channel No. Channel No.

Ligonier ...... 274A Alta ...... 248A Linton ...... 227B1 Ames ...... 281C, 286C3 Logansport ...... 272A Anamosa ...... 239A Loogootee ...... 233A Ankeny ...... 223C2, 292C3 Lowell ...... 296A Asbury ...... 238A, 277C3 Madison ...... 244A, 266A Atlantic ...... 239C3 Marion ...... 295B Audubon ...... 243C1 Martinsville ...... 272A Belle Plaine ...... 238C3 Michigan City ...... 240A Bettendorf ...... 228A Mitchell ...... 273A Bloomfield ...... 292C3 Monticello ...... 299A Boone ...... 252C2, 257A Mount Vernon ...... 294A Britt ...... 258A Muncie ...... 221A, 281B, 285A Brooklyn ...... 256C2 Nappanee ...... 239A Burlington ...... 228A, 297C1, 276C3 Nashville ...... 236A Carroll ...... 229C1 New Albany ...... 234A Castana ...... 298C3 New Carlisle ...... 272A Cedar Falls ...... 253C3 New Castle ...... 273B Cedar Rapids ...... 243C1, 251C1, 275C1, 283C1 New Haven ...... 300A Centerville ...... 254C1 Newburgh ...... 291A Chariton ...... 287C2 Noblesville ...... 230A Charles City ...... 240A North Vernon ...... 291B Cherokee ...... 221A 272A Paoli ...... 237A Clarinda ...... 257C2 Peru ...... 253A Clarion ...... 245C1 Petersburg ...... 272A Clear Lake ...... 276A Plainfield ...... 252A Clinton ...... 241C1, 234A Plymouth ...... 232B1 Council Bluffs ...... 253C Portland ...... 265A Cresco ...... 272A Princeton ...... 251B, 263A Creston ...... 267C3 Rensselaer ...... 249A Davenport ...... 279C, 293C1 Richmond ...... 241B, 267B Decorah ...... 263C2, 284A Roann ...... 270A Denison ...... 296A Roanoke ...... 231A Des Moines ...... 227C1, 235C, 247C1, 262C, 273C, Rochester ...... 221A 298C1 Rockville ...... 285A DeWitt ...... 285C3 Royal Center ...... 279A Dubuque ...... 225C1, 272A, 287C2 Rushville ...... 232A Dunkerton ...... 280A Salem ...... 250A Dyersville ...... 257A Santa Clause ...... 277A Eagle Grove ...... 264C3 Scottsburg ...... 287A Eddyville ...... 268C2 Seelyville ...... 240A Eldon ...... 282C3 Seymour ...... 229B Eldora ...... 258A Shelbyville ...... 246B Emmetsburg ...... 252A, 261A South Bend ...... 225B, 268B, 276A, 280A, 292A Epworth ...... 247C3 South Whitley ...... 266A Estherville ...... 240C3 Spencer ...... 224A Fairfield ...... 240A Sullivan ...... 237A Forest City ...... 297C2 Syracuse ...... 278A Fort Dodge ...... 221A, 233C1 Tell City ...... 289A Fort Madison ...... 269A Terre Haute ...... 260B, 264B, 274B, 298B Garnavillo ...... 261A Valparaiso ...... 288A Glenwood ...... 279C Van Buren ...... 257A Grinnell ...... 294C2 Veedersburg ...... 225A Grundy Center ...... 249C3 Versailles ...... 276A Hampton ...... 285A Vevay ...... 240A Harlan ...... 287C3 Vincennes ...... 221A, 244A Hudson ...... 241A Wabash ...... 240A, 290A Humboldt ...... 249A Walton ...... 229A Ida Grove ...... 225C3 Warsaw ...... 297B Independence ...... 237A Washington ...... 293B, 300A Iowa City ...... 231C1, 264C1 West Lafayette ...... *267A, 294A Iowa Falls ...... 237A West Terre Haute ...... 288A Jefferson ...... 255C3 Winamac ...... 261A Keokuk ...... 237C1 Winchester ...... 252A Knoxville ...... 221C3 Lake City ...... 294C3 Lamoni ...... 250C3 IOWA Le Mars ...... 258C1 Madrid ...... 241A Channel No. Manchester ...... 234C3 Manson ...... 259A Albia ...... 244C3 Maquoketa ...... 236A Algona ...... 224C2 Marshalltown ...... 266C1

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00088 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

IOWAÐContinued KANSASÐContinued

Channel No. Channel No.

Mason City ...... 230C1, 250A, 291C1 Dearing ...... 251A Milford ...... 271C2 Derby ...... 242C2 Mount Pleasant ...... 288C3 Dodge City ...... 230C1, 238C1 Muscatine ...... 226A, 259C1 Downs ...... 231C2 New Hampton ...... 236A El Dorado ...... 256C1 New London ...... 247A Emporia ...... 258A, 269A, 285A New Sharon ...... 260C3 Eureka ...... 228A Newell ...... 265A Fort Scott ...... 280A, 284C3 Newton ...... 240A Fredonia ...... 281A Northwood ...... 274C3 Galena ...... 282A Oelwein ...... 222C Garden City ...... 247C1 Onawa ...... 272C1 Girard ...... 256A Osage ...... 254A Goodland ...... 273C1, 299C1 Osceola ...... 296C2 Great Bend ...... 282C1, 300C1 Oskaloosa ...... 285C2 Hays ...... 258C1, 277C Ottumwa ...... 224C3, 249C3 Haysville ...... 287C Parkersburg ...... 255A Herington ...... 289C3 Patterson ...... 290A Hiawatha ...... 280C2 Pella ...... 277C1 Hill City ...... 270C Perry ...... 288A Hoisington ...... 264C1 Pleasantville ...... 242A Horton ...... 229C3 Red Oak ...... 237C3 Hugoton ...... 294C2 Rock Valley ...... 295C3 Humboldt ...... 232C3 Rudd ...... 268A Hutchinson ...... 240A, 246C3, 271C, 275C Sac City ...... 284A Independence ...... 275A Sageville ...... 291A Ingalls ...... 242C1, 290C1 St. Ansgar ...... 238A Iola ...... 257A Sheldon ...... 287C2 Junction City ...... 233C1 Sibley ...... 262A, 282A Kansas City ...... 231C, 251C Sioux Center ...... 230C2 Kingman ...... 232C2, 262C2 Sioux City ...... 238C1, 250C1, 277C1 Kiowa ...... 252C1 Sioux Rapids ...... 275C2 Larned ...... 244A, 295C1 Spencer ...... 285C3, 299C1 Lawrence ...... 290C1 Spirit Lake ...... 280C2 Leavenworth ...... 255C Storm Lake ...... 269C1 Leoti ...... 260C1 Stuart ...... 300C3 Liberal ...... 268C1, 274C1, 286C2, 298C1 Twin Lakes ...... 290C3 Lindsborg ...... 269C3, 238C3 Washington ...... 291A Lyons ...... 291C1 Waterloo ...... 270C, 289C, 300C Manhattan ...... 268C2, 284C2 Waukon ...... 278C2 Marysville ...... 276C3 Waverly ...... 257A McPherson ...... 244A Webster City ...... 239C3 Medicine Lodge ...... 269C2 Winterset ...... 258A Minneapolis ...... 224C2 Ness City ...... 285A Newton ...... 222C1 KANSAS North Fort Riley ...... 273C1 Norton ...... 294A Channel No. Oberlin ...... 266C1 Ogden ...... 278C2 Abilene ...... 253C1 Olathe ...... 222C3 Andover ...... 230C3 Osage City ...... 225C2 Arkansas City ...... 273A, 293C Ottawa ...... 239C1 Atkins ...... 257A Parsons ...... 228A Augusta ...... 283C2, 263A Phillipsburg ...... 223C1, 237A Baxter Springs ...... 296A Pittsburg ...... 245C1 Belle Plaine ...... 224C3 Plainville ...... 244A Belleville ...... 221C3 Pratt ...... 226C Beloit ...... 288C2 Riley ...... 242C3 Burdett ...... 228A Rozel ...... 273A Burlington ...... 237A Russell ...... 240A Caney ...... 266A Salina ...... 229C1, 260C1, 285A Cawker City ...... 242C3 Scott City ...... 223C1 Chanute ...... 228A Seneca ...... 221A Cimarron ...... 222A Silver Lake ...... 223A Clay Center ...... 265A Sterling ...... 234C3 Clearwater ...... 254C2 St. Marys ...... 275C2 Coffeyville ...... 225A Topeka ...... 247C, 257A, 262C, 295C, 299C Colby ...... 250C1, 262C1 Wamego ...... 237A Columbus ...... 287C3 Wellington ...... 228A Concordia ...... 235C1 Wichita ...... 236C1, 250C, 267C, 279C1, 297C1 Copeland ...... 251C1, 256C1, *280C1 Winfield ...... 240C3, 300C2 Council Grove ...... 281C3

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00089 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

EFFECTIVE DATE NOTE: At 64 FR 47406, KENTUCKYÐContinued 47408, Aug. 31, 1999, Kansas was amended by adding Cimarron, channel 222A; by adding Channel No. channel 263A at Augusta, effective Oct. 4, 1999. Jenkins ...... 232C2 La Center ...... 282A Lancaster ...... 286A KENTUCKY Lawrenceburg ...... 271A Lebanon ...... 265C3 Channel No. Leitchfield ...... 285A Lexington ...... 225C1, 233C1, 251C1 Albany ...... 292A Lexington-Fayette ...... 283C2 Allen ...... 261A Liberty ...... 254C3 Annville ...... 244A London ...... 222C2, 280A Ashland ...... 229C1 Louisa ...... 222A Barbourville ...... 241C3 Louisville ...... 248C1, 259B, 263C2, 272A, 280A, Bardstown ...... 244A 295B Beattyville ...... 271A Madisonville ...... 230C2 Benton ...... 256A Manchester ...... 276A, 289C3 Berea ...... 294A Mannsville ...... 260C3 Bowling Green ...... 244C3, 227C3 Marion ...... 274A Brandenburg ...... 228A Mayfield ...... 234C2 Brodhead ...... 270A Maysville ...... 240A Brownsville ...... 264C3 McKee ...... 300A Burkesville ...... 300A Middlesboro ...... 224A Burnside ...... 230C2 Midway ...... 300A Calvert City ...... 239A Monticello ...... 226A, 269A Campbellsville ...... 281C3 Morehead ...... 242A, 291C3 Campton ...... 279A Morganfield ...... 237A Carlisle ...... 221C3 Mount Sterling ...... 288C3, 294B1 Carrollton ...... 237A Mount Vernon ...... 275A Catlettsburg ...... 224A Munfordville ...... 272A Cave City ...... 279C3 Murray ...... 279C1 Central City ...... 270C1 Nicholasville ...... 273A Clinton ...... 271C3 Oak Grove ...... 293C3 Columbia ...... 228A Owensboro ...... 223C, 241C Corbin ...... 258C2, 297C2 Owingsville ...... 299A Cumberland ...... 274A Paducah ...... 227C1, 245C1 Cynthiana ...... 272A Paintsville ...... 255C1 Danville ...... 296A Paris ...... 245C2 Drakesboro ...... 280A Philpot ...... 234A Edmonton ...... 256A Pikeville ...... 226C2 Elizabethtown ...... 252C3, 261A Pineville ...... 292A Elkhorn City ...... 276A Prestonsburg ...... 238C, 287A Eminence ...... 289A Princeton ...... 285A Erlanger ...... 265A Providence ...... 249A Falmouth ...... 298A Radcliff ...... 278C3 Flemingsburg ...... 236A Reidland ...... 294A Fort Campbell ...... 300C1 Richmond ...... 268C3 Fort Knox ...... 288A Russellville ...... 266C1 Frankfort ...... 279A, 285A Russell Springs ...... 224A Fredonia ...... 221A St. Matthews ...... 276A Fulton ...... 257A Salyersville ...... 247C3 Garrison ...... 252A Scottsville ...... 257A Georgetown ...... 277A Shelbyville ...... 269A Glasgow ...... 231A, 236C, 287C3 Shepherdsville ...... 286A Grayson ...... 272A Smith Mills ...... 233A Greensburg ...... 276A Smiths Grove ...... 296C2 Greenup ...... 289C3 Somerset ...... 246C2, 272A Greenville ...... 228C3 Springfield ...... 274A Hardinsburg ...... 232C2, 282A Stamping Ground ...... 241A Harlan ...... 286A Stanford ...... 242C3 Harold ...... 285A Stanton ...... 285A Harrodsburg ...... 257A Sturgis ...... 267A Hartford ...... 292A Tompkinsville ...... 221A, 274A Hazard ...... 266C, 284A Valley Station ...... 290A Henderson ...... 258C, 276A Vanceburg ...... 285A Hindman ...... 296A Vancleve ...... 260A Hodgenville ...... 292A Versailles ...... 292A Hopkinsville ...... 248A, 254C1, 262C Vine Grove ...... 268A Horse Cave ...... 294A Virgie ...... 298A Hyden ...... 250C3 Whitesburg ...... 280A Irvine ...... 264C3 Whitesville ...... 246A Jackson ...... 293A Whitley City ...... 252A Jamestown ...... 285A Wickliffe ...... 240A Jeffersontown ...... 267A Williamsburg ...... 282A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00090 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

KENTUCKYÐContinued LOUISIANAÐContinued

Channel No. Channel No.

Williamstown ...... 293A Mansfield ...... 224A, 284C3 Wilmore ...... 237A Mansura ...... 240A Winchester ...... 261C2 Many ...... 296C3 West Liberty ...... 275A Marksville ...... 249A Westwood ...... 259A Maurice ...... 292A Minden ...... 239C2 Monroe ...... 270C, 281C, 287C2, 291C LOUISIANA Moreauville ...... 221A Morgan City ...... 244C3 Channel No. Natchitoches ...... 247C3, 264C3 New Iberia ...... 229C1, 256C Abbeville ...... 286C3 New Orleans...... 227C, 239C, 246C, 253C1, 258C, Alexandria ...... 226C, 230A, 245C, 262C, 295A 266C, 270C Amite ...... 243A New Roads ...... 293C2 Arcadia ...... 223A North Fort Polk ...... 294A Atlanta ...... 293A Oak Grove ...... 244C3 Baker ...... 297A Oakdale ...... 254C1 Ball ...... 288A Opelousas ...... 290A, 296A Basile ...... 271C1 Port Sulphur ...... 294C1 Bastrop ...... 230C3, 232A, 261C2, 247A Rayne ...... 294A Baton Rouge ...... 251C, 264C1, 268C, 273C Rayville ...... 222C2 Bayou Vista ...... 237C3 Reserve ...... 235C3 Belle Chasse ...... 275C3 Richwood ...... 265A Benton ...... 221A Ruston ...... 257C3, 298C Berwick ...... 290A Shreveport ...... 229C, 233C, 243C1, 259C2, 266C, Blanchard ...... 271C3 275C2 Boyce ...... 272C3 South Fort Polk ...... 239A Breaux Bridge ...... 243C3 Springhill ...... 225C2 Brusly ...... 241C2 Sulphur ...... 267C3 Bunkie ...... 282C3 Tallulah ...... 283C3 Clayton ...... 257A Thibodaux ...... 292C3 Clinton ...... 224C2 Tioga ...... 278C2 Columbia ...... 276C3 Varnado ...... 225A Coushatta ...... 235C2 Vidalia ...... 284A Crowley ...... 275C Ville Platte ...... 223A Delhi ...... 228A Vivian ...... 287A Deridder ...... 221C3, 250A Washington ...... 284C3 Donaldsonville ...... 285A West Monroe ...... 252C2 Dubach ...... 249C3 Winnfield ...... 221A Erath ...... 300C1 Winnsboro ...... 240A Eunice ...... 288A Farmerville ...... 224A Ferriday ...... 296C3 EFFECTIVE DATE NOTE: At 64 FR 50256, Folsom ...... 285A Sept. 16, 1999, Louisiana was amended by Franklin ...... 288A, 295C3 adding Golden Meadow, channel 289C2, effec- Franklinton ...... 255A tive Oct. 18, 1999. Galliano ...... 232C1 Gibsland ...... 283A MAINE Golden Meadow ...... 289C2 Grand Isle ...... 283A Channel No. Hammond ...... 277C, 296A Haughton ...... 279A Auburn ...... 260B Haynesville ...... 288A Augusta ...... 222B, 267B Homer ...... 272A, 294C2 Bangor ...... 225B, 246B Houma ...... 281C, 298C1 Bar Harbor ...... 256B, 299B1 Jackson ...... 283A Bath ...... 290B Jena ...... 274A Belfast ...... 284B Jennings ...... 225C2 Biddeford ...... 232B1 Jonesboro ...... 285C3 Boothbay Harbor ...... 244B1 Jonesville ...... 286A Brewer ...... 262B, 293C Kaplan ...... 247C2 Brunswick ...... 255B Kenner ...... 287C1 Calais ...... 224A Kentwood ...... 231C1 Camden ...... 273B Lacombe ...... 234A Caribou ...... 249C3 Lafayette ...... 233C, 238C2, 260C Dennysville ...... 275C1 Lake Arthur ...... 298C2 Dexter ...... 271C2 Lake Charles ...... 241C, 258C1, 279C1, 287C2 Dover-Foxcroft ...... 276A Lake Providence ...... 224A Ellsworth ...... 233B, 239B LaPlace ...... 222C Fairfield ...... 228C3 Larose ...... 262C2 Farmington ...... 257A Leesville ...... 224A, 228C3, 289C3 Fort Kent ...... *293C3 Mamou ...... 266C3 Gardiner ...... 282B

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

MAINEÐContinued MARYLANDÐContinued

Channel No. Channel No.

Houlton ...... 261C3 Pocomoke City ...... 223A, 293A Howland ...... 280C Prince Frederick ...... 224A Islesboro ...... 288B1 Princess Anne ...... 273B Kennebunk ...... 257A Salisbury ...... 248A, 255A, 288A Kennebunkport ...... 284A Snow Hill ...... 266A Kittery ...... 287A St. Michaels ...... 232A Lewiston ...... 230B, 298B Waldorf ...... 281, 281B Lincoln ...... 289C2 Westernport ...... 266A Machias ...... 237A, 266B Westminster ...... 264B Madawaska ...... 272A Williamsport ...... 240A Madison ...... 248A Mexico ...... 264A Milbridge ...... 229B MASSACHUSETTS Millinocket ...... 235C2 North Windham ...... 294A Channel No. Norway ...... 224A Old Town ...... 297C2 Amherst ...... 265A Pittsfield ...... 258A Athol ...... 260A Portland ...... 226B, 250B, 270B, 275C Barnstable ...... 260B Presque Isle ...... 241C, 245C, 270C2, 291C Boston ...... 233B, 245B, 253B, 264B, 277B, Rockland ...... 277B 281B, 294B Rumford ...... 242C Brewster ...... 232A Saco ...... 240A Brockton ...... 249A Sanford ...... 221A Brookline ...... 225B Scarborough ...... 292A Cambridge ...... 237A Searsport ...... 269A Chatham ...... 298B Skowhegan ...... 286C, 300C3 Fairhaven ...... 296A Thomaston ...... 295, 295B Falmouth ...... 270B Topsham ...... 238A Fitchburg ...... 283B Van Buren ...... 251A Framingham ...... 289B Waterville ...... 253C2 Gloucester ...... 285A Westbrook ...... 265B1 Great Barrington ...... 286A Winslow ...... 237A Greenfield ...... 237A, 252A Winter Harbor ...... 249B Harwichport ...... 228A York Center ...... 237A Haverhill ...... 223B Hyannis ...... 275A, 291B Lawrence ...... 229B MARYLAND Lowell ...... 258B Lynn ...... 269A Channel No. Marshfield ...... 240A Mashpee ...... 266A Annapolis ...... 256B, 300B Medford ...... 300B Baltimore ...... 222B, 226B, 236B, 250B, 270B, Nantucket ...... 242B 274B, 282B, 293B New Bedford ...... 247B, 251B Berlin ...... 280A North Adams ...... 261A Bethesda ...... 234B, 272A Northampton ...... 257A, 292A Braddock Heights ...... 280A Orange ...... 247A California ...... 275A Orleans ...... 284B Cambridge ...... 292A Pittsfield ...... 240A, 269A, 288A Catonsville ...... 289B Plymouth ...... 256B Crisfield ...... 245A Provincetown ...... *221A Cumberland ...... 275B, 291B Southbridge ...... 261A Easton ...... 244B1 South Yarmouth ...... 280A Federalsburg ...... 296A Spencer ...... 255A Frederick ...... 260B Springfield ...... 226B, 234B, 271B Frostburg ...... *246A, 287B Taunton ...... 227B Glen Burnie ...... 240A Tisbury ...... 224A Grasonville ...... 276A Truro ...... 272A Hagerstown ...... 284B, 295B Turners Falls ...... 230A Halfway ...... 244A Waltham ...... 273B Havre De Grace ...... 279B West Tisbury ...... 282A Hurlock ...... 265A West Yarmouth ...... 235B Lexington Park ...... 249A Winchendon ...... 249A Mechanicsville ...... 252A Worcester ...... 241B, 297B Middletown ...... 276A Midland ...... 258A Morningside ...... 238B MICHIGAN Mountain Lake Park .. 283A Oakland ...... 222A Channel No. Ocean City ...... 260B, 295A Ocean City-Salisbury 284B Adrian ...... 237A, 280A Ocean Pines ...... 246A Albion ...... 244A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

MICHIGANÐContinued MICHIGANÐContinued

Channel No. Channel No.

Allegan ...... 222A Hudson ...... 273A Alma ...... 285A Iron Mountain ...... 226C1, 268C1, 294A Alpena ...... 257C2, 299C1 Iron River ...... 256C2 Ann Arbor ...... 275B, 296A Ironwood ...... 259C1, 295C1 Ashley ...... 223A Ishpeming ...... 222C, 298C1 Atlanta ...... 223C Jackson ...... 231B, 283A, 291B Bad Axe ...... 271C2 Kalamazoo ...... 271B, 293B, 299B Baraga ...... 282C1 Kalkaska ...... 248C2 Battle Creek ...... 237A, 277B Kingsford ...... 251A Bay City ...... 241C, 273B L'Anse ...... 291C2 Bear Lake ...... 261A Lake City ...... *285A Beaverton ...... 249A Lakeview ...... 292A Benton Harbor ...... 235A, 260B Lansing ...... 248B, 264B, 269A Beulah ...... 221A Lapeer ...... 276A Big Rapids ...... 265A, 272C3 Leland ...... 232C2 Birmingham ...... 234B Lexington ...... 245A Boyne City ...... 228C2 Ludington ...... 292A Bridgman ...... 248A Mackinaw City ...... 233C3 Bronson ...... *234A Manistee ...... 249A, 268A Brooklyn ...... 287A Manistique ...... 260A Buchanan ...... 256A Marlette ...... 223A Cadillac ...... 225C, 244C3, 296A Marquette ...... 239C1, 277C1, 231A Caro ...... 221A Marshall ...... 285A Carrollton ...... 263A McMillan ...... 244C3 Charlevoix ...... 290C1, 300A Menominee ...... 279C3 Charlotte ...... 224A Midland ...... 227C2, 259C Cheboygan ...... 286C1 Mio ...... 280C2 Clare ...... 237A Monroe ...... 252A Coldwater ...... 253B Mount Clemens ...... 274B Coleman ...... 269A Mount Pleasant ...... 233C1, 282A Crystal Falls ...... 264C1 Munising ...... 252 C2 Dearborn ...... 262B Muskegon ...... 283B, 295B, 300B1 Detroit ...... 222B, 226B, 238B, 242B, 246B, Muskegon Heights ..... 269B1 250B, 254B, 258B, 266B, 270B, Negaunee ...... 258A, 270C2 278B, 282B, 286B, 290B, 294B, Newaygo ...... 223A 298B Newberry ...... 229A, 250C2 Dewitt ...... 243A Niles ...... 237A Dowagiac ...... 221A North Muskegon ...... 252A East Jordan ...... 265A Norway ...... 232C3 East Lansing ...... 235B, 256B Ontonagon ...... 266C2 Escanaba ...... 284C, 246C Oscoda ...... 239 C2, 264C3 Essexville ...... 247A Otsego ...... 265A Fife Lake ...... 240A Owosso ...... 280A Flint ...... 224A, 236B, 288B1, 300B Pentwater ...... 231C3, 274A Frankenmuth ...... 229A Petoskey ...... 242C1, 255C1 Frankfort ...... 257C2 Pickford ...... 288A Fremont ...... 261A Pinconning ...... 265A, 281A Gaylord ...... 268A, 294C1 Port Huron ...... 272A, 296A Gladstone ...... 288C3 Portage ...... 243A Gladwin ...... 276C3, Reed City ...... 247A Glen Arbor ...... 227A, 238C2, 251C2 Rogers City ...... 244C2, 260C2 Grand Haven ...... 221A Roscommon ...... 266A Grand Rapids...... 229B, 239B, 245B, 250B, 254A, Saginaw ...... 251B, 283A, 292A, 296A 267B, 275B, 281B, 289B Sandusky ...... 249A Grayling ...... 262C1 Saugatuck ...... 224A Greenville ...... 297B Sault Ste. Marie ...... 252C3, 258C2, 267C1, *272C3 Gulliver ...... 234C1 Scottville ...... 235C3 Hancock ...... 228C3, 254C2 South Haven ...... 252A Harbor Beach ...... 279C2 Spring Arbor ...... 295A Harbor Springs ...... 280C2 St. Ignace ...... 275C Harrietta ...... 229A St. Johns ...... 221A Harrison ...... 221A St. Joseph ...... 296A Hart ...... 287C1 Standish ...... 245A Hartford ...... 279A Stephenson ...... 257A, 292C2 Hastings ...... 261A Sturgis ...... 257A Hillman ...... 235C2 Tawas City ...... 277A, 284C2, 291C3 Hillsdale ...... 221A Three Rivers ...... 240A Holland ...... 233B, 241B Traverse City ...... 270C1, 278C, 283A, 29C2 Honor ...... 264A Tuscola ...... 268A Houghton ...... 242C1, 249A, 272C2 Vassar ...... 255A Houghton Lake ...... 253C1 Walhalla ...... 255A Howell ...... 228A Walker ...... 263A

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

MICHIGANÐContinued MINNESOTAÐContinued

Channel No. Channel No.

West Branch ...... 288A Minneapolis ...... 229C, 246C, 253C, 258C, 262C1, Whitehall ...... 237A, 248A 275C Zeeland ...... 257A Mantevideo ...... 288A Moose Lake ...... 296C3 Moorhead ...... 254C1, 260C1 MINNESOTA Mora ...... 238C3 Channel No. Morris ...... 239C1 Nashwauk ...... 275C3 Ada ...... 292A New Prague ...... 238A Aitkin ...... 232C3 New Ulm ...... 226C1 Albany ...... 288A Nisswa ...... 227C Albert Lea ...... 235A, 241A North Mankato ...... 244C3 Alexandria ...... 222C3, 257A, 264C1 Olivia ...... 261C3 Anoka ...... 300C Ortonville ...... 268C, 292A Atwater ...... 231A Osakis ...... 280A Austin ...... 260C1 Owatonna ...... 285A Babbitt ...... 294C2 Park Rapids ...... 223C3, 248C1 Bagley ...... 244C3 Bemidji ...... 238C1, 266C1, 279C1 Paynesville ...... 255C2 Benson ...... 228A Pelican Rapids ...... 281C2 Belview ...... 290A Perham ...... 258A Blackduck ...... 252C2 Pequot Lakes ...... 261A, 274C2 Blooming Prarie ...... 265C1 Pillager ...... 240A Blue Earth ...... 251C3, 283C2 Pine City ...... 265A Brainerd ...... 278C3, 294C1, 298C1 Pipestone ...... 254C Breckenridge ...... 286C1 Preston ...... 276C3 Breezy Point ...... 282 C2 Princeton ...... 291C2 Browerville ...... 259A Proctor ...... 299C2 Buhl ...... *223C2 Red Lake ...... 231C1 Caledonia ...... 234A Red Wing ...... 290A, 290C3 Cambridge ...... 287C3 Redwood Falls ...... 249C1 Cloquet ...... 243C3, 263C1 Richfield ...... 267C Cold Spring ...... 235C2 Rochester ...... *225A, 243C2, 248C, 269C2, 295C Coleraine ...... 241C1 Roseau ...... 271C2, 278C2 Crookston ...... 241C1, 246C1 Rushford ...... 257C3 Crosby ...... 268C3 Dassel ...... 295C3 Saint Joseph ...... 260A Deer River ...... 288C1 Sartell ...... 244C2 Detroit Lakes ...... 236C1, 272C2 Sauk Centre ...... 232A Duluth ...... 225C1, 235C1, 239C1, *240C2, Sauk Rapids ...... 269C2 255C2, 269C2, 277C1, 286C1 Slayton ...... 291C2 East Grand Forks ...... 282C1 Sleepy Eye ...... 297A Eden Prairie ...... 289A Spring Grove ...... 252C2 Ely ...... 233A Spring Valley ...... 282C3 Eveleth ...... 250C1 Springfield ...... 234C2 Farimont ...... 293C1 St. Charles ...... 299A Fairbault ...... 298C2 St. Cloud ...... 251C, 284C Fergus Falls ...... 243C1, 277C1 St. James ...... 263C2, 268C3 Forest Lake ...... 240A St. Joseph ...... 225C3 Fosston ...... 296C2 St. Louis Park ...... 281C Glencoe ...... 242C2 St. Paul ...... 233C, 237A, 271C Glenwood ...... 296A St. Peter ...... 288A Golden Valley ...... 223C Staples ...... 234C2 Grand Marais ...... 237C1 Grand Rapids ...... 245C1 Starbuck ...... 247C2 Granite Falls ...... 230A Stewartville ...... 287C2 Hermantown ...... 221C3 Thief River Falls ...... 257C3, 262C1, 274C1 Hibbing ...... 230C1, 292C3 Tracy ...... 286C2 International Falls ...... 258C1, 281C3 Two Harbors ...... 282C2 Jackson ...... 289C3 Vernon Center ...... 231A La Crescent ...... 274C3 Virginia ...... 260C1 Lake City ...... 235A, 273C3 Wadena ...... 290C1 Lake Crystal ...... 239A Waite Park ...... 279C3 Lakeville ...... 286A Walker ...... 256C1, 270C2, 275C3 Lanesboro ...... 280A Warroad ...... 223C1 Little Falls ...... 221A, 231A Waseca ...... 221C3 Luverne ...... 266C1 Willmar ...... 237C2, 273C1 Madison ...... 221C3 Windom ...... 232A Mahnomen ...... 268C3 Winona ...... 237C3, 266C3 Mankato ...... 256C1, 278C1 Worthington ...... 228A, 236C1 Marshall ...... 259C1, 298C3

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

MISSISSIPPI MISSISSIPPIÐContinued

Channel No. Channel No.

Aberdeen ...... 287C2 Moss Point ...... 285C2 Ackerman ...... 300C Mound Bayou ...... 271A Amory ...... 237A Natchez ...... 236C, 247A Artesia ...... 261A, 260C2 New Albany ...... 268A, 294C2 Baldwyn ...... 223A New Augusta ...... 269A Batesville ...... 263C2 Newton ...... 250A Bay Springs ...... 232C2 Ocean Springs ...... 223A, 276C2 Bay St. Louis ...... 300C Olive Brance ...... 239A Belzoni ...... 296C3 Oxford ...... 229C3, 238A, 248C1, 286A Biloxi ...... 229C Pascagoula ...... 256C1, 290C3 Booneville ...... 257A Pearl ...... 230C3 Brandon ...... 249A Petal ...... 292C3 Brookhaven ...... 221A Philadelphia ...... 272A Brooksville ...... 255C3 Picayune ...... 291C2 Bruce ...... 233A Pickens ...... 290C2 Bude ...... 282C3 Pontotoc ...... 244A Byhalia ...... 235A Port Gibson ...... 263A Calhoun City ...... 272A Potts Camp ...... 240A Canton ...... 269A Prentiss ...... 252A Carthage ...... 252C3 Quitman ...... 255C3 Centreville ...... 285A Redwood ...... 288A Charleston ...... 239A Richtown ...... 243A Clarksdale ...... 221A, 243A, 268A, 293C2 Ripley ...... 272A Cleveland ...... 225C2, 252C3, 280C3 Rosedale ...... 298C3 Clinton ...... 228A Saltillo ...... 275C3 Coldwater ...... 237A Sardis ...... 271A Collins ...... 296A Starkville ...... 221A, 291C2 Columbia ...... 244A State College ...... 283C3 Columbus ...... 235C2, 276C2, 280C2 Stonewall ...... 295A Como ...... 278C Sumrall ...... 247A Corinth ...... 232C3, 237A Taylorsville ...... 240C2 Crenshaw ...... 295A Tchula ...... 292C3 D'Iberville ...... 250C2 Tunica ...... 241C3 De Kalb ...... 289C2 Tupelo ...... 253C1 Decatur ...... 277C3 Tylertown ...... 249A, 297A Drew ...... 237A Union ...... 281C2 Durant ...... 266A University ...... 221A Ellisville ...... 273C2 Utica ...... 265C2 Eupora ...... 241C2 Vicksburg ...... 254C1, 267C3, 294C Fayette ...... 249A Water Valley ...... 288A Flora ...... 247C3 Waynesboro ...... 288A Forest ...... 223C West Point ...... 265A Fulton ...... 270C2 Winona ...... 236C3 Gluckstadt ...... 269C2 Yazoo City ...... 221C3, 226A Greenville ...... 250C2, 264C1, 284C2 Greenwood ...... 230C3, 256C, 282C2 Grenada ...... 222A, 261C2, 267A MISSOURI Gulfport ...... 244A, 272C3, 296A Hattiesburg ...... 221A, 226A, 279C, 283C1 Channel No. Hazlehurst ...... 225A Heidelberg ...... 257C2 Arcadia ...... 280A Holly Springs ...... 224A Ash Grove ...... 281C3 Houston ...... 227C Asbury ...... 278C3 Indianola ...... 245C2, 288A Ashland ...... 791C1 Iuka ...... 285C2 Aurora ...... 263C2 Jackson ...... 234C, 238C, 242C, 259C, 275C Ava ...... 221A Kosciusko ...... 286C1 Bethany ...... 238C2 Laurel ...... 251A, 262C Birch Tree ...... 296C3 Leland ...... 232C2, 272A Bismarck ...... 258C3 Lexington ...... 273C3 Bonne Terre ...... 282A Liberty ...... 299C3 Boonville ...... 226A, 257C2 Long Beach ...... 233A Bowling Green ...... 231C3 Louisville ...... 296C3 Bourbon ...... 231A Lucedale ...... 295A Branson ...... 292C2 Lumberton ...... 237C1 Brookfield ...... 245C2 Macon ...... 263A Brookline ...... 271A Magee ...... 298C Buffalo ...... 260C3 Marion ...... 236C2 Bunker ...... 292A McComb ...... 289C1 Butler ...... 221A McLain ...... 245A Cabool ...... 251A Meridian ...... 246C, 267C1, 271A California ...... 232C2 Monticello ...... 271C2 Cameron ...... 261C2

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00095 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

MISSOURIÐContinued MISSOURIÐContinued

Channel No. Channel No.

Campbell ...... 298C3 Montgomery City ...... 280A Canton ...... 265C2 Mount Vernon ...... 294C3 Cape Girardeau ...... 264C, 275B Mountain Grove ...... 223A Carrollton ...... 264C1 Mountain View ...... 245C2 Carthage ...... 236C2 Naylor ...... 260A Caruthersville ...... 286A Neosho ...... 259C3 Centralia ...... 221A Nevada ...... 249A Chaffee ...... 284A New London ...... 290C3 Channel ...... 223A New Madrid ...... 293C2 Charleston ...... 291C2 Nixa ...... 290C2 Chillicothe ...... 280C3 Osage Beach ...... 228C2 Clayton ...... 256C Osceola ...... 222A Clinton ...... 237C3, 241C Otterville ...... 299A Columbia ...... 244C1, 252C2, 268C1, 272A Owensville ...... 237C2 Crestwood ...... 234C Ozark ...... 225C2 Cuba ...... 271A, 297C3 Palmyra ...... 250C2 De Soto ...... 261A Perryville ...... 266A Deerfield ...... 264C3 Piedmont ...... 285C3 Dexter ...... 272A Pleasant Hope ...... 238C2 Dixon ...... 221A Poplar Bluff ...... 223A, 233C, 238C1, 244A, 278C2 Doniphan ...... 248C2 Potosi ...... 249C3 Doolittle ...... 283A Republic ...... 258A East Prairie ...... 287A Richmond ...... 223A Eldon ...... 224C2, 270A Rolla ...... 248A, 287C1 Eldorado Springs ...... 288A Saint Robert ...... 255A Ellington ...... 294A Salem ...... 225C3 Farmington ...... 253C Savannah ...... 224C2 Fayette ...... 230C3 Scott City ...... 230C3 Florissant ...... 246C1 Sedalia ...... 221A Fulton ...... 263A Seligman ...... 227C1 Gainesville ...... 259C2 Shell Knob ...... 249A Gallatin ...... 269C3 Sikeston ...... 250C2 Garden City ...... 287A Southwest City ...... 262A Gideon ...... 280A Sparta ...... 243C2 Gordonville ...... 257A Springfield ...... 234C, 247C1, 254C1, 267C Halfway ...... 256C3 St. Genevieve ...... 289C St. James ...... 259C3 Hannibal ...... 225C1 St. Joseph ...... 286C1 Harrisonville ...... 264C1 St. Louis ...... 222C, 229C1, 242C1, 251C1, 273C, Houston ...... 257C2 277C1, 299C Huntsville ...... 278C2 Steelville ...... 227C2 Ironton ...... 240C3 Stockton ...... 299A Jefferson City ...... 261C2, 281A, 295C Sullivan ...... 265A Joplin ...... 223C1, 273C1 Tarkio ...... 228C3 Kansas City ...... 227C, 235C, 243C, 259C, 271C, Thayer ...... 222A 277C, 282C Trenton ...... 222C3 Kennett ...... 255C, 282A Troy ...... 264A Kimberling City ...... 261C2 Union ...... 269A Kirksville ...... 229C2, 233C1, 299C2, 300C1 Vandalia ...... 282A Knob Noster ...... 289C2 Versailles ...... 236C3 Lake Ozark ...... 274A Warrenton ...... 260C3 Lamar ...... 260A Warsaw ...... 249A, 253A La Monte ...... 246C3 Washington ...... 283A Lebanon ...... 279C, 300C2 Waynesville ...... 249A, 250A, 272A Lexington ...... 297C Webb City ...... 250A Liberty ...... 293C1 West Plains ...... 230C1, 273C2 Linn ...... 276A Wheeling ...... 290A Louisiana ...... 269A, 271C3 Willard ...... 286C2 Lutesville ...... 281A Willow Springs ...... 262C2 Macon ...... 260C3 Malden ...... 225C2 Malta Bend ...... 248C3 MONTANA Mansfield ...... 240A Marble Hill ...... 247A Channel No. Marshall ...... 275C1 Marshfield ...... 284C2 Anaconda ...... 249C3 Maryville ...... 246C3 Baker ...... 263C1 Memphis ...... 263C3 Belgrade ...... 244C2, 256A Mexico ...... 239C Belt ...... 269A Miner ...... 296A Big Sky ...... 283A Moberly ...... 247C3, 284C, 288C2 Billings ...... 227C1, 231C1, 242C1, 246C2, Monett ...... 240A 253C1, 275C1, 279C1, 286A, Monroe City ...... 298A 298C

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

MONTANAÐContinued NEBRASKAÐContinued

Channel No. Channel No.

Boulder ...... 299A Cozad ...... 283C1 Bozeman ...... 229C1, 236C1, *240C3, 260C1, Crete ...... 280A *271C2, 278C1 Crookston ...... 241C1 Butte ...... 223C1, 231C, 238C, *295A Fairbury ...... 258C1 Cascade ...... 285C Falls City ...... 267A Chinook ...... 267C1 Fremont ...... 288A Colstrip ...... 258A Gering ...... 280C1 Columbia Falls ...... 240C Gordon ...... 238C2 Conrad ...... 229C1 Grand Island ...... 239C1, 243C1, 299C1 Cut Bank ...... 274C1 Hastings ...... 233C2, 268C Deer Lodge ...... 245C1 Holdrege ...... 249C1 Dillon ...... 252C3 Humboldt ...... 244A Dutton ...... 250C Imperial ...... 276A East Helena ...... 281C1 Kearney ...... 255C1, 272C3, 290C Ennis ...... 254C2 Kimball ...... 261A Eureka ...... 228C3 Lexington ...... 226C1 Fairfield ...... 279C2 Lincoln ...... 236C2, 270C, 274C1, 287A, 292C2, Florence ...... 278A 297C1 Forsyth ...... 267C McCook ...... 230C2, 241C, 253C2, 287C1 Fort Benton, 239C3. Milford ...... 251C Glasgow ...... 228A Nebraska City ...... 249C1 Glendive ...... 243C1 Norfolk ...... 234C1, 294C Great Falls...... 225C1, 233C1, 255C1, 262C, North Platte ...... 235C, 246C1, 278C1 291C1, 297C O'Neil ...... 275C1 Hamilton ...... 242C, 254C1 Ogallala ...... 259C1, 293C1 Hardin ...... 238C Omaha ...... 222C, 231C, 241C, 260C, 264C, Havre ...... 223C, 236C 283C, 290C2 Orchard ...... 287C1 Helena ...... 258C1, 266C, *276C, 287C Ord ...... 280C3 Joliet ...... 259C3 Plattsmouth ...... 295C3 Kalispell ...... 246C, 253C, 280C1, 292C Sargent ...... 221C1 Lewistown ...... 240A Scottsbluff ...... 225C, 231C1 Laurel ...... 269C1 Seward ...... 245C1 Libby ...... 269A Sidney ...... 254C1 Livingston ...... 248C1, 264C South Sioux City ...... 296A Lockwood ...... 294A Superior ...... 280A Malta ...... 261A Terrytown ...... 245C1 Manhattan ...... 289A Wayne ...... 285A Miles City ...... 223C West Point ...... 300C2 Missoula ...... 227C, 235C, 261C1, 273C1, 290A Winnebago ...... 289C2 Outlook ...... 289C York ...... 285C2 Plentywood ...... 261A Red Lodge ...... 257A Ronan ...... 222C NEVADA Scobey ...... 239C1 Shelby ...... 244C1 Channel No. Sidney ...... 226C1, 236C1 Stevensville ...... 283A Amargosa Valley ...... 266A Superior ...... 298A Battle Mountain ...... 253A West Yellowstone ...... 225C Beatty ...... 262A Whitefish ...... 286A Boulder City ...... 288C2 Whitehall ...... 274A Caliente ...... 233C1 Wolf Point ...... 224A Carlin ...... 244C Carson City ...... 247C, 251C Elko ...... 229C2, 233C3, 237C1 NEBRASKA Ely ...... 224C3, 269C3 Fallon ...... 257A, 267C2 Channel No. Gardnerville-Minden .. 256A Hawthorne ...... 228A Ainsworth ...... 224A Henderson ...... 231C, 238C, 263C Albion ...... 224C2 Incline Village ...... 261C2 Allen ...... 265A Indian Springs ...... 257C Alliance ...... 271C1, 290C1 Las Vegas...... 222C, 226C, 242C, 246C, 253C, Auburn ...... 288A 270C, 278C, 286C2, 293C Aurora ...... 247C1 Laughlin ...... 228C1 Beatrice ...... 225C1 Mesquite ...... 244C, 248C1 Bennington ...... 227C3 Moapa Valley ...... 284A Blair ...... 247C3, 268C3 North Las Vegas ...... 282C Bridgeport ...... 267C Overton ...... 295C1 Broken Bow ...... 252A Pahrump ...... 236A, 298C Central City ...... 262C Pioche ...... 255A Chadron ...... 234C1, 248C1 Reno ...... 225C, 238C, 271C3, 283C, 289C, Columbus ...... 228C1, 266C1 295C

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

NEVADAÐContinued NEW JERSEYÐContinued

Channel No. Channel No.

Smith ...... 222C3 Canton ...... 269A Sparks ...... 221A, 265A Cape May ...... 272A Sun Valley ...... 229A, 233C3 Cape May Court 288A Tonopah ...... 224A House. Wells ...... 280C1 Dover ...... 288A Wendover ...... 272C Eatontown ...... 292A Winnemucca ...... 224C3 Egg Harbor ...... 285B1 Franklin ...... 272A Long Branch ...... 296A NEW HAMPSHIRE Manahawkin ...... 261A, 289B1 Margate City ...... 241A Channel No. Millville ...... 247B New Brunswick ...... 252A Bedford ...... 243A Newark ...... 234B, 262B, 290B1 Belmont ...... 227A Newton ...... 279B1 Berlin ...... 279C North Cape May ...... 294A Campton ...... 289A Ocean Acres ...... 253A Claremont ...... 291B Ocean City ...... 252A, 292A Concord ...... 272A, 288A Paterson ...... 226B Conway ...... 228A, 283A Peterson ...... 274A Dover ...... 248B Pleasantville ...... 257A Exeter ...... 296A Point Pleasant ...... 240A Farmington ...... 293A Princeton ...... 277B Franklin ...... 231A Toms River ...... 224A Gorham ...... 296A Trenton ...... 233B, 248B, 268B Hampton ...... 271A Tuckerton ...... 259A Hanover ...... 222A, 257A Villas ...... 254A Haverhill ...... 267A Vineland ...... 221A Henniker ...... 256A Wildwood ...... 264B Hillsboro ...... 299A Wildwood Crest ...... 226A Hinsdale ...... 285A Zarephath ...... 256B Jackson ...... 258A Keene ...... 279B Laconia ...... 252A NEW MEXICO Lancaster ...... 272C3 Lebanon ...... 263C3 Channel No. Lisbon ...... 244A Littleton ...... 292A Alamogordo ...... 232C3, 279A, 287C3, 300A Manchester ...... 239B, 266B Albuquerque ...... 222C, 227C, 231C, 242C, 258C, Meredith ...... 268A 262C, 267A, 277C, 300C Moultonborough ...... 295A Angel Fire ...... 256C2 Mount Washington ..... 235C Armijo ...... 296C2 Nashua ...... 292A Artesia ...... 225C Newport ...... 269A Aztec ...... 235C1 New London ...... 259A Bayard ...... 275C1 North Conway ...... 279C Belen ...... 249C1 Peterborough ...... 221A Bloomfield ...... 283C Plymouth ...... 261A Bosque Farms ...... 284C Portsmouth ...... 262B Carlsbad ...... 221A, 281C1, 291C2 Rochester ...... 244A Chama ...... 255A Somersworth ...... 254A Clayton ...... 228A Walpole ...... 242A Cloudcroft ...... 244C, 250C1 Winchester ...... 254A Clovis ...... 256C1, 260C1, 268C1, 272C3, Wolfeboro ...... 285A 298C1 Corrales ...... 236C1 EFFECTIVE DATE NOTE: At 64 FR 50772, Deming ...... 232A Sept. 20, 1999, New Hampshire was amended Espanola ...... 225C2 Eunice ...... 265A by adding North Conway, channel 279C, effec- Farmington ...... 225C1, 239C1, 245C, 271C tive Oct. 25, 1999. Gallup ...... 229C, 233C, 256C, 268C1, 291C2 Grants ...... 224C2, 264C2, 279C, 288C NEW JERSEY Hatch ...... 266C Hobbs ...... 231C1, 239C3, 243A, 275C1 Channel No. Hurley ...... 288C1 Jal ...... 279C1 Asbury Park ...... 232A Kirtland ...... 275C Atlantic City ...... 236B, 245B, 279B, 297B1 La Luz ...... 224A Avalon ...... 232A Las Cruces ...... 258C, 276A, 280A Belvidere ...... 296A Las Vegas ...... 244A, 251C, 264C3, 268A, 275A Blairstown ...... 292A Lordsburg ...... 250C, 279C3 Bridgeton ...... 299B Los Alamos ...... 253C, 294C1, 298C1 Camden ...... 295B Los Lunas ...... 273C, 292C1

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

NEW MEXICOÐContinued NEW YORKÐContinued

Channel No. Channel No.

Lovington ...... 269C3 Corinth ...... 228A Maljamar ...... *254C1, 286C Corning ...... 254A, 291B Mesilla Park ...... 285A Cortland ...... 260B Portales ...... 237A Dansville ...... 230A Questa ...... 279C1 Delhi ...... 248A, 262A Raton ...... 229C2, 243A, 249A Depew ...... 229B Reserve ...... 283C3 Deposit ...... 234A Rio Rancho ...... 269A Deruyter ...... 286B Roswell ...... 235C, 246C1, *258A, 263C1, 284C2, Dundee ...... 240A 293C1 East Hampton ...... 244A Ruidoso ...... 228C3, 268A Ellenville ...... 257A Santa Clara ...... 237C1 Elmira ...... 224A, 232A Santa Fe ...... 234C1, 238C1, 247C, 281C, 286C, Endicott ...... 289B 290C Endwell ...... 298A Santa Rosa ...... 240A Essex ...... 267A Silver City ...... 225C2 Port Plain ...... 266A Socorro ...... 225A Frankfort ...... 235B Taos ...... 260, 270C1 Fredonia ...... 243A Tatum ...... 296C Fulton ...... 284B Texico ...... 243A Garden City ...... 224A Thoreau ...... 260C Geneva ...... 269A Truth or Con- 254C Glens Falls ...... 240A sequences. Gouverneur ...... 237A Tucumcari ...... 224A Grand Gorge ...... 287A White Rock ...... 266C3 Hammondsport ...... 252A Hampton Bays ...... 296A Hempstead ...... 252A NEW YORK Henderson ...... 264A Herkimer ...... 224A Channel No. Highland ...... 297A Homer ...... 268A Albany ...... 238B, 265A, 276A, 293B, 299B Honeoye Falls ...... 236B Albion ...... 271A Hoosick Falls ...... 248A Alfred ...... 270A Hornell ...... 221A, 287B Altamont ...... 285A Horseheads ...... 265A Amherst ...... 221A Hudson ...... 228A Amsterdam ...... 249A Hudson Falls ...... 269A, 296A Arlington ...... 245A Hyde Park ...... 249A Attica ...... 269A Irondequoit ...... 294A Auburn ...... 295B Ithaca ...... 228A, 247B, 279B Avon ...... 227A Jamestown ...... 227B, 270A Babylon ...... 272A Jeffersonville ...... 271A, 291A Baldwinsville ...... 221B1 Jewett ...... 250A Ballston Spa ...... 272A Kingston ...... 232A Bath ...... 252A, 276A Lake George ...... 256A Bay Shore ...... 276A Lake Luzerne ...... 234A Big Flats ...... 249A Lake Placid ...... 288A Binghamton ...... 251B, 256B Lake Success ...... 278B Boonville ...... 267A Lakewood ...... 295B1 Briarcliff Manor ...... 296A Liberty ...... 240A Bridgehampton ...... 273A Little Falls ...... 288A Bridgeport ...... 258A Lowville ...... 257A Brighton ...... 231A Malone ...... 243C3 Brockport ...... 288A Manlius ...... 237A Buffalo ...... 225B, 233B, 241B, 245B, 258B, Mechanicville ...... 283A 273B, 277B, 281B, 293B Mexico ...... 280A Calverton-Roanoke .... 287A Middletown ...... 224A Canajoharie ...... 227A Minetto ...... 293A Canandaigua ...... 272A Montauk ...... 235A, 284A Canton ...... 268A Monticello ...... 252A, 259A Cape Vincent ...... 234A, 274A Montour Falls ...... 285A Carthage ...... 276A Morristown ...... 275A Catskill ...... 253A Mount Kisco ...... 292A Center Moriches ...... 241A Narrowsburg ...... 275A Chateaugay ...... 234C2 New Paltz ...... 277A Chenango Bridge ...... 281A New Rochelle ...... 228A Cherry Valley ...... 270B New York...... 222B, 230B, 238B, 242B, 246B, Clifton Park ...... 244A 250B, 254B, 258B, 266B, 270B, Clyde ...... 229A 274B, 282B, 286B, 294B, 298B Cobleskill ...... 278B Newburgh ...... 276A Conklin ...... 263A Newport Village ...... 259A Copenhagen ...... 294C3 Niagara Falls ...... 253B

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

NEW YORKÐContinued NORTH CAROLINA

Channel No. Channel No.

North Syracuse ...... 265A Ahoskie ...... 257A Norwich ...... 237A, 230B Albemarle ...... 265A Norwood ...... 241A Asheboro ...... 222C Ogdensburg ...... 224A, 254A Ashville ...... 260C Old Forge ...... 223A, 231A Atlantic ...... 297C3 Olean ...... 239B, 268A Aurora ...... 283A Oneonta ...... 276A, 280A Banner Elk ...... 264A Oneida ...... 292A Bayboro ...... 250C3 Oswego ...... 244A, 288A Beech Mountain ...... 272A Owego ...... 269A Belhaven ...... 266C2 Palmyra ...... 259A Biltmore Forest ...... 243A Patchogue ...... 248B, 291B Black Mountain ...... 295C Patterson ...... 288A Burgaw ...... 260C1 Peekskill ...... 264B Burlington ...... 230C, 266C Phoenix ...... 271A Buxton ...... 260A, 268A Plattsburgh ...... 260C, 286C3 Calabash ...... 285C3 Port Henry ...... 221C3 Carolina Beach ...... 294A Port Jervis ...... 244A Charlotte ...... 236C, 279C, 284C, 300C Potsdam ...... 257A Clinton ...... 297C3 Poughkeepsie ...... 221A, 241A, 268B, 284B Columbia ...... 273C1, 289C1 Pulaski ...... 269A Concord ...... 250C Queensbury ...... 289B1 Dunn ...... 278C2 Ravena ...... 233A Durham ...... 286C, 296A Remsen ...... 228A Eden ...... 233C1 Rensselaer ...... 280A Edenton ...... 261C2 Riverhead ...... 280A Elizabeth City ...... 244A Rochester ...... 223B, 243B, 250B, 255B, 263B, Elizabethtown ...... 289A 267B, 280A, 290A Elkin ...... 265A Rome ...... 240A, 273B Enfield ...... 297A Rosendale ...... 273A Fairbluff ...... 287A Rotterdam ...... 252A Fairmont ...... 265C2 Sag Harbor ...... 221A Farmville ...... 232A Salamanca ...... 252A Fayetteville ...... 251C1 Saranac Lake ...... 269A, 292C3 Forest City ...... 227C Saugerties ...... 225A Franklin ...... 244A Schenectady ...... 258B Fuquay-Varina ...... 280C3 Seneca Falls ...... 257A Gaston ...... 250A Sidney ...... 265A Gastonia ...... 270C Smithtown ...... 232A Goldsboro ...... 245C, 272A Sodus ...... 278A Greensboro ...... 246C, 254C South Bristol Twsp .... 297A Greenville ...... 300C Southampton ...... 225A, 237A Grifton ...... 258C2 Southhold ...... 269A Hamlet ...... 282A Southport ...... 258A Harkers Island ...... 262C1 Speculator ...... 243A Harrisburg ...... 224A Star Lake ...... 290B1 Hatteras ...... 233C1, 246C1 Stillwater ...... 267A Havelock ...... 286C3 Sylvan Beach ...... 262A Henderson ...... 223C Syracuse ...... 226B, 233B, 275B, 290A, 300B Hendersonville ...... 273C1 Ticonderoga ...... 280A Hertford ...... 285C2 Troy ...... 222B Hickory ...... 239C, 275C1 Tupper Lake ...... 272A Highlands ...... 283A Utica ...... 245B, 254B, 264A, 282B, 297B High Point ...... 238C1, 258C, 262C Vestal ...... 277B1 Hope Mills ...... 283A Walton ...... 221A Jacksonville ...... 222C2, 254C1, 288C2 Warrensburg ...... 262B1 Jefferson ...... 291C3 Waterloo ...... 253A Iniannapolis ...... 259C Watertown ...... 228A, 248C1 Kill Devil Hills ...... 281C1 Waverly ...... 271A Kinston ...... 236C, 249A, 275A Webster ...... 274A Laurinburg ...... 243C Wellsville ...... 278A Leland ...... 231A Westhampton ...... 253A Lenoir ...... 277A Westport ...... 273A Lexington ...... 231C Wethersfield Townsh 299B Long Beach ...... 252C3 White Plains ...... 280A Louisburg ...... 273A Whitehall ...... 231A Lumberton ...... 239C, 272A Whitesboro ...... 250A Manteo ...... 252A, 256C2 Willsboro ...... 244A Morehead City ...... 242C1 Windsor ...... 294A Morganton ...... 221A Woodstock ...... 261A Moyock ...... 221C3 Wurtsboro ...... 247A Murfreesboro ...... 252A Murphy ...... 274A

100

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

NORTH CAROLINAÐContinued NORTH DAKOTAÐContinued

Channel No. Channel No.

Nags Head ...... 222C3 Hettinger ...... 228A Nashville ...... 259A Hope ...... 284A New Bern ...... 270C1, 293C1 Jamestown ...... 227C1, 238C1 Newport ...... 277C1 Kindred ...... 224C3 Norlina ...... 232A Langdon ...... 239A North Wilkesboro ...... 247C Lisbon ...... 291C2 Ocean Isle Beach ...... 228A Mandan ...... 284C1 Ocracoke ...... 224C1 Mayville ...... 288C3 Old Fort ...... 282A Medina ...... 222C Oriental ...... 231C3 Minot ...... 229C1, 246C, 260C1, 287C1, 295C2 Pinetops ...... 238C3 New England ...... 239C Plymouth ...... 240A Richardton ...... 270C Raleigh ...... 234C, 241C, 268C, 275A Rugby ...... 237A Reidsville ...... 271C Sarles ...... 290C Roanoke Rapids ...... 272A Tioga ...... 281C1 Robbins ...... 276A Valley City ...... 266C2 Robbinsville ...... 240A Velva ...... 235C1 Rocky Mount ...... 221A, 253C3, 264C Wahpeton ...... 295C2 Rose Hill ...... 284A Walhalla ...... 294C2 Roxboro ...... 244A Williston ...... 241C1, 253C1, 266C1 St. Pauls ...... 297A, 299A Wimbledon ...... 276C1 Salisbury ...... 293C1 Wishek ...... 262C1 Sanford ...... 288A Semora ...... 294C2 Shallottee ...... 279C3, 292A OHIO Shelby ...... 241C Southern Pines ...... 273A, 295C2 Channel No. Southern Shores ...... 265C2 Southport ...... 298C2 Ada ...... 235A Statesville ...... 245C, 289C Akron ...... 243B, 248B Tarboro ...... 282C1 Alliance ...... 223B Thomasville ...... 252A Archbold ...... 241A Topsail Beach ...... 280C3 Ashland ...... 267B Wadesboro ...... 228C3 Ashtabula ...... 246B, 252A Wallace ...... 232A Athens ...... 240A, 288A Wanchese ...... 237C3 Barnesville ...... 228A Washington ...... 227C, 252A Beavercreek ...... 280A Waxhaw ...... 291C3 Bellaire ...... 263A Waynesville ...... 285A Bellefontaine ...... 252A Whiteville ...... 256C1 Bellevue ...... 221A Williamston ...... 279C1 Belpre ...... 296A Wilmington ...... 247C1, 267C2, 274C1, 283A Bowling Green ...... 228A Wilson ...... 291C Bryan ...... 265A Windsor ...... 249A, 255A Bucyrus ...... 224A Winston-Salem ...... 226C, 281C, 298C Byesville ...... 249A Wrightsville Beach ..... 229A Cadiz ...... 292A Caldwell ...... 285A Cambridge ...... 244A NORTH DAKOTA Canton ...... 231B, 251B, 295B Castalia ...... 249A Channel No. Celina ...... 232A, 244A Chillicothe ...... 227B, 232B1 Arthur ...... 244A Cincinnati ...... 223B, 227B, 231B, 253B, 270B, Belfield ...... 230C1 274B, 286B Berthold ...... 264C Circleville ...... 296A Beulah ...... 250A Cleveland ...... 226B, 238B, 253B, 258B, 264B, Bismarck ...... 225C, 233C, 243C, 248C, 254C, 271B, 277B, 281B, 289B, 293B 268C 300B Bottineau ...... 270C1 Cleveland Heights ..... 222B Burlington ...... 276C1 Clyde ...... 265A Cannon Ball ...... 298C Coal Grove ...... 246A Carrington ...... 252A Columbus ...... 222B, 234B, 242B, 246B, 250B, Cavalier ...... 286C1 259B, 298A Devils Lake ...... 244C2, 273C1, 278C1 Conneaut ...... 288A Dickinson ...... 221C3, 256C1 Coshocton ...... 257A Fargo ...... 229C, 250C, 270C1, 300C1 Crestline ...... 254A Flasher ...... 290C Crooksville ...... 297A Gackle ...... 256C Dayton ...... 256B, 284B, 299B Grafton ...... 265C3 Defiance ...... 251B, 290A Grand Forks ...... 225C1, 234C1, 298C1 Delaware ...... 300A Harwood ...... 264C3 Delphos ...... 296A Hazelton ...... 280C Delta ...... 293A

101

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

OHIOÐContinued OHIOÐContinued

Channel No. Channel No.

Dover ...... 269A Piqua ...... 239B East Liverpool ...... 282B Pleasant City ...... 221A Eaton ...... 225B Port Clinton ...... 233B Edgewood ...... 273A Portsmouth ...... 257A, 281C, 298A Elyria ...... 297B Richwood ...... 282A Englewood ...... 233A Ripley ...... 258C3 Fairfield ...... 235B St. Marys ...... 277A Findlay ...... 263B Salem ...... 286B Fort Shawnee ...... 298A Sandusky ...... 274B Fostoria ...... 244A Shadyside ...... 239B1 Fredericktown ...... 252A Shelby ...... 261A Fremont ...... 256B1 Sidney ...... 288A Gahanna ...... 285A South Webster ...... 235A Galion ...... 272A South Zanesville ...... 224B1 Gallipolis ...... 268B Springfield ...... 264B, 275B Geneva ...... 284A Steubenville ...... 278B Georgetown ...... 249A Swanton ...... 297A Gibsonburg ...... 239A Sylvania ...... 288A Greenfield ...... 248A Tiffin ...... 279B Greenville ...... 293B Toledo ...... 223B, 260B, 268B, 284B Grove City ...... 266A Troy ...... 245A Hamilton ...... 243B, 278B Uhrichsville ...... 260A Harrison ...... 282A Union City ...... 248A Hicksville ...... 294A Upper Arlington ...... 255A Hillsboro ...... 294B Upper Sandusky ...... 240A Holland ...... 272A Urbana ...... 269A Hubbard ...... 270A Van Wert ...... 230A, 255B Huron ...... 241A Wapakoneta ...... 221A Ironton ...... 296A Washington Court- 288A Jackson ...... 249A house. Johnstown ...... 276A Wauseon ...... 245A Kent ...... 261A Waverly ...... 265A Kenton ...... 237A Wellston ...... 244B1 Kettering ...... 260B West Carrollton ...... 221A Lancaster ...... 238B, 278A West Union ...... 276A Lebanon ...... 247A Westerville ...... 280A Lima ...... 226A, 249A, 271B, 285A Willard ...... 245A Logan ...... 252A Wilmington ...... 272A London ...... 292A Wooster ...... 283B Lorain ...... 285A Xenia ...... 237A Loudonville ...... 299A Youngstown ...... 227B, 255B, 266B Manchester ...... 267A Zanesville ...... 273B Mansfield ...... 287B, 291B Marietta ...... 271B1 Marion ...... 232A, 295B OKLAHOMA Marysville ...... 289A McArthur ...... 254A Channel No. McConnelsville ...... 265A Medina ...... 235B Ada ...... 257A Miamisburg ...... 229B Altus ...... 228C2, 300C3 Middleport ...... 221A Alva ...... 259C1, 278C1, 289C2 Middletown ...... 290B Anadarko ...... 279C1 Milford ...... 296A Antlers ...... 222C2, 284A Millersburg ...... 237A Ardmore ...... 239C1, 253A Montpelier ...... 283A Atoka ...... 276C2 Mount Gilead ...... 236 Bartlesville ...... 261C1 Mount Vernon ...... 229B Bethany ...... 285A Napoleon ...... 276A Bixby ...... 287C2 Nelsonville ...... 299A Blossom ...... 224C2 New Lexington ...... 290A Bristow ...... 285A New Philadelphia ...... 240A Broken Arrow ...... 221C2 Newark ...... 262B, 269A Broken Bow ...... 291C2 Niles ...... 291A Byng ...... 261C2 North Baltimore ...... 299A Chelsea ...... 264A North Kingsville ...... 298A Chickasha ...... 288A North Madison ...... 229A Clinton ...... 238C2, 294C1 Norwalk ...... 237A Coalgate ...... 288C2 Oak Harbor ...... 247A Collinsville ...... 268C3 Ottawa ...... 292A Comanche ...... 246A Oxford ...... 249A Cordell ...... 229A, 257C3 Paulding ...... 259A DeQueen ...... 227A Piketon ...... 261A Dickson ...... 278C3

102

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

OKLAHOMAÐContinued OREGON

Channel No. Channel No.

Duncan ...... 272A Albany ...... 260C, 300C Durant ...... 248C2, 296C3 Altamont ...... 249C1, 267C1 Edmond ...... 250A Ashland ...... 270C, 298C2 Eldorado ...... 246A Astoria ...... 225C1 Elk City ...... 232C3, 243C1, 253C Baker ...... 237A, 284C Bandon ...... 243C3 Enid ...... 245C, 276C2 Banks ...... 298C1, 298C3 Eufaula ...... 273C3 Bay City ...... 242A Frederick ...... 240A Beaverton ...... 277C Grove ...... 257A Bend ...... 231C, 248C1, 252C3, 259A, 264C1, Guymon ...... 224C3, 258C1 289C1 Healdton ...... 249C3 Bonanza ...... 275C3 Heavener ...... 223A Brookings ...... 237C2 Henryetta ...... 258C1 Brownsville ...... 272C1 Hobart ...... 290C Burns ...... 224A Holdenville ...... 293C3 Cannon Beach ...... 235C3 Hollis ...... 223A Canyon City ...... 233C Hugo ...... 238C2 Cave Junction ...... 274C Idabel ...... 244C3, 275A Condon ...... 228A Ketchum ...... 298C1 Coos Bay ...... 228A, 254C2, 290C2 Kingfisher ...... 287A Coquille ...... 247C1 Lahoma ...... 239C3 Corvallis ...... 268C1, 292C Cottage Grove ...... 263A, 288A Lawton ...... 231C, 237C3, 251C1, 258C3, Creswell ...... 237C3 267C1, 297C2 Dallas ...... 252C3 Lindsay ...... 286A Depoe Bay ...... 288A Locust Grove ...... 233A Eagle Point ...... 292C3 Lone Grove ...... 294A Elgin ...... 290A Mangum ...... 249A Enterprise ...... 221A Marlow ...... 221C1 Eugene ...... 233C, 241C, 250C, 256C McAlester ...... 267C1, 286A Florence ...... 284C, 295A Miami ...... 265A Gleneden Beach ...... 248C2 Muskogee ...... 246C, 295C Gold Beach ...... 224C1 Newcastle ...... 227C1 Gold Hill ...... 262C1 Norman ...... 292A Grants Pass ...... 245C Nowata ...... 285A Harbeck-Fruitdale ...... 252C2 Okarche ...... 294C2 Hermiston ...... 263A Oklahoma City...... 223C, 234C, 241C, 255C, 263C, Hood River ...... 288A 270C, 274C, 281C, 299C Keno ...... 253A Okmulgee ...... 231C1 Klamath Falls ...... 223C, 258C1, 284C1, 295C1 Owosso ...... 291C La Grande ...... 254C2, 260C1 Pawhuska ...... 280A Lake Oswego ...... 294C Perry ...... 286A Lakeview ...... 228C2, 237C2 Ponca City ...... 257A, 265A, 284A Lebanon ...... 279C Poteau ...... 250C, 297C Lincoln City ...... 236C2, 244C2 Pryor ...... 283C1 Malin ...... 263A Medford ...... 229C, 239C1, 278C1 Roland ...... 222A Merrill ...... 289A Sallisaw ...... 240C2 Milton-Freewater ...... 250C2 Sand Springs ...... 272C2 Myrtle Point ...... 231A Sapulpa ...... 265A Newport ...... 224C2, 274C1 Seminole ...... 290A North Bend ...... 235C1, 297C1 Shawnee ...... 236C Nyssa ...... 254C1 Snyder ...... 262A Oakridge ...... 221A Soper ...... 243A Ontario ...... 241C1 Spencer ...... 289A Pendleton ...... 279C1, 299C Stillwater ...... 229C2, 251A, 288A Phoenix ...... 286C1 Sulphur ...... 291A Portland ...... 222C, 229C, 238C, 246C, 254C1, Taft ...... 262A 258C1, 262C, 266C, 270C Tahlequah ...... 269C3 Prineville ...... 236C1, 254C3 Tishomingo ...... 259C3 Ranier ...... 252A Tulsa ...... 225C, 238C, 243C, 248C, 253C, Redmond ...... 269C2, 275C1, 298C1 277C Reed City ...... 247A Vinita ...... 240A, 241C2 Reedsport ...... 221A, 258C3 Warner ...... 271A Rogue River ...... 234A Watonga ...... 230A Roseburg ...... 276A Weatherford ...... 247C1 Salem ...... 286C Wewoka ...... 284A Seaside ...... 251A, 272C3 Wilburton ...... 279C1 Sisters ...... 281C1 Woodward ...... 221C3, 240A, 261C1, 266C, 272A Springfield-Eugene .... 226C Wynnewood ...... 283A Sunriver ...... 224C2 Sutherlin ...... 266C3

103

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

OREGONÐContinued PENNSYLVANIAÐContinued

Channel No. Channel No.

Sweet Home ...... 296C1 Harrisburg ...... 235B, 247B, 257A, 281B The Dalles...... 224C3, 244C3, 249C2, *268C3, Hawley ...... 287A 283C Hazleton ...... 250B Tillamook ...... 231C3, 281C3 Hershey ...... 294B Toledo ...... 264C2 Hollidaysburg ...... 285A Tri-City ...... 282C2 Honesdale ...... 237A Warm Springs ...... 243C Huntingdon ...... 278A, 292A Weston ...... 270C2 Indiana ...... 223A Jenkintown ...... 280A Jersey Shore ...... 242B1, 249A PENNSYLVANIA Johnsonburg ...... 263A Johnstown ...... 221A, 238B, 243B Channel No. Kane ...... 280A Lancaster ...... 233B, 245B, 267B Allentown ...... 264B, 281B Laporte ...... 280A Altoona ...... 251B, 261B1 Lebanon ...... 261A Avis ...... 260A Lewisburg ...... 279A Barnesboro ...... 228A Lewistown ...... 239A, 288A Beaver Falls ...... 294B Liberty ...... 298A Beaver Springs ...... 291A Linesville ...... 269A Bedford ...... 265A, 298A Lock Haven ...... 221A Bellefonte ...... 237A Mansfield ...... 222A Bellwood ...... 280A Martinsburg ...... 224A Benton ...... 240A Masontown ...... 295A Berwick ...... 278A McConnellsburg ...... 279A Bethlehem ...... 236B Meadville ...... 262B Blairsville ...... 292A Mechanicsburg ...... 228A Bloomsburg ...... 293B Media ...... 262B Boalsburg ...... 229A Mercer ...... 244A, 280A Boyertown ...... 298B Mercersburg ...... 221A Braddock ...... 245B Mexico ...... 223A Bradford ...... 261A Meyersdale ...... 227A, 253A Brookville ...... 277B1, 288B1 Mifflinburg ...... 252A Burnham ...... 244A Mifflintown ...... 296A Butler ...... 249A Mill Hall ...... 254A Cambridge Springs .... 283A Millersburg ...... 255A Canton ...... 262B1 Milton ...... 265A Carbondale ...... 232A Montrose ...... 243B Carlisle ...... 272A Mountaintop ...... 246A Central City ...... 269A Mount Carmel ...... 259A Chambersburg ...... 236B Mount Union ...... 258A Charleroi ...... 252A Muncy ...... 227B1 Clarendon ...... 274A, 282A Nanticoke ...... 221A Clarion ...... 224A New Kensington ...... 264B Clearfield ...... 226B1 North East ...... 265B1 Cooperstown ...... 299A Northumberland ...... 297A Coudersport ...... 244A Oil City ...... 242A, 253B1 Covington ...... 268A Oliver ...... 235B1 Cresson ...... 232A Olyphant ...... 239A Curwensville ...... 275A Palmyra ...... 221A Dallas ...... 229A Patton ...... 234A Danville ...... 244A Philadelphia ...... 223B, 227B, 231B, 239B, 243B, Dubois ...... 271B, 297B 251B, 255B, 266B, 271B, 275B, Easton ...... 241B, 260B 283B, 287B, 291B Ebensburg ...... 256B Philipsburg ...... 290A Edinboro ...... 250B1 Pittsburgh ...... 225B, 229B, 233B, 241B, 259B, Elizabethville ...... 263A 268B, 273B, 284B, 290B, 300B Ellwood City ...... 221A Pittston ...... 272A Emporium ...... 257A Pocono Pines ...... 290A Ephrata ...... 286B Port Allegany ...... 235A Erie ...... 234A, 260B, 272A, 279B Port Matilda ...... 300A Everett ...... 282A Portage ...... 289A Fairview ...... 230A Pottsville ...... 270B Forest City ...... 261A Punxsutawney ...... 281A Franklin ...... 257B1 Reading ...... 273B Freeland ...... 276A Red Lion ...... 241B Galeton ...... 264B1 Renovo ...... 295A Gettysburg ...... 299B Reynoldsville ...... 293A Greencastle ...... 232A Ridgebury ...... 245A Greensburg ...... 296A Riverside ...... 222A Greenville ...... 296A Russell ...... 276A Grove City ...... 236B Saegertown ...... 232A

104

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

PENNSYLVANIAÐContinued SOUTH CAROLINAÐContinued

Channel No. Channel No.

Salladsburg ...... 238A Bowman ...... 233A Scottdale ...... 280A Branchville ...... 286A Scranton ...... 258, 267B, 285A, 295A Briarcliffe Acres ...... 296C2 Shamokin ...... 237A Bucksport ...... 300C2 Sharon ...... 275B Camden ...... 274A Sharpsville ...... 240A Cayce ...... 244A Smethport ...... 292A Charleston ...... 236C, 245C, 263C3, 278C1 Somerset ...... 249A Cheraw ...... 277C2 South Waverly ...... 241A Chester ...... 257C3 South Williamsport ..... 257A Chesterfield ...... 297A Spangler ...... 247A Clearwater ...... 252A St. Marys ...... 230B1, 248B Clemson ...... 285A Starview ...... 224A Columbia ...... 228A, 248C1, 276A, 284C State College ...... 233A, 276A Conway ...... 230A Stroudsburg ...... 228A Cross Hill ...... 231A Sunbury ...... 231B Darlington ...... 288C3 Susquehanna ...... 223A Dillon ...... 225C Tamaqua ...... 288A Easley ...... 280A Tioga ...... 234B1 Elloree ...... 262A, 262C3 Tobyhanna ...... 300A Florence ...... 292A Towanda ...... 237A Folly Beach ...... 251C2 Tunkhannock ...... 299A Forest Acres ...... 232A Tyrone ...... 266B Gaffney ...... 287C Union City ...... 292A Garden City ...... 249C1 Uniontown ...... 257A Georgetown ...... 229A, 293C2 University Park ...... 246A Goose Creek ...... 232C3 Warren ...... 222B Gray Court ...... 263C Washington ...... 237A Greenville ...... 223C, 229C, 233C Waynesboro ...... 268B Greenwood ...... 244A, 278C3 Waynesburg ...... 276A Greer ...... 277A Wellsboro ...... 283B Hampton ...... 221A Whitneyville ...... 296A Hanahan ...... 241C1 Wilkes-Barre ...... 225B, 253B Hardeeville ...... 266C2 Williamsport ...... 274B, 286B, 300A Hartsville ...... 253A York ...... 277B, 289B Hilton Head Island ..... 291C2, 300C2 York-Hanover ...... 253B Honea Path ...... 276A Johnsonville ...... 286A Johnston ...... 224A EFFECTIVE DATE NOTE: At 64 FR 50011, Kingstree ...... 231A, 257C3 Sept. 15, 1999, Oregon was amended by adding Ladson ...... 292A Elgin, channel 290A, effective Oct. 18, 1999. Lake City ...... 261A Lancaster ...... 296A RHODE ISLAND Latta ...... 232C3 Lexington ...... 253A Channel No. Loris ...... 235A Manning ...... 223C Block Island ...... 257A Marion ...... 263C3 Middletown ...... 262A McClellanville ...... 255C2 Narragansett Pier ...... 274A Moncks Corner ...... 287C3 Providence ...... 222B, 231B, 238B, 268B, 286B Mount Pleasant ...... 283C2 Wakefield-Peacedale 259A Mullens ...... Westerly ...... 279B Murrell's Inlet ...... 233A Woonsocket ...... 292A Myrtle Beach ...... 221C2, 269C2, 281C1 New Ellenton ...... 274A Newberry ...... 292C3 SOUTH CAROLINA North Charleston ...... 273C North Myrtle Beach .... 290C3 Channel No. Orangeburg ...... 275A, 280C3, 294C1 Pageland ...... 272A Abbeville ...... 225A Pamplico ...... 271C2 Aiken ...... 242C2, 258C2 Parris Island ...... 276C3 Allendale ...... 228A Pawley's Island ...... 253A Anderson ...... 266C, 297C Port Royal ...... 259C Andrews ...... 264A Ravenel ...... 269C3 Atlantic Beach ...... 262A Ridgeland ...... 285C3 Bamberg ...... 239A Ridgeville ...... 265C3 Barnwell ...... 256C3 St. Andrews ...... 272A Batesburg ...... 226A St. George ...... 298C Beaufort ...... 254C1 St. Matthews ...... 230A Bishopville ...... 229A St. Stephen ...... 291A Blackville ...... 250A Saluda ...... 221A Bluffton ...... 295C1 Scranton ...... 275A

105

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

SOUTH CAROLINAÐContinued TENNESSEEÐContinued

Channel No. Channel No.

Seneca ...... 251C Atwood ...... 229A Socastee ...... 258C3 Baxter ...... 299C3 South Congaree ...... 237A Belle Meade ...... 294A Spartanburg ...... 255C Benton ...... 226A Summerton ...... 252A Bolivar ...... 244A Summerville ...... 227C2 Bristol ...... 245C Sumter ...... 234A, 267C Brownsville ...... 237A Surfside Beach ...... 276C3 Bulls Gap ...... 264A Walhalla ...... 242A Byrdstown ...... 244A Walterboro ...... 229A Calhoun ...... 281A Wedgefield ...... 238A Camden ...... 240A West Columbia ...... 261A Carthage ...... 281A Williston ...... 234A Celina ...... 268A Centerville ...... 244A Chattanooga ...... 222C, 243C, 293C SOUTH DAKOTA Cleveland ...... 237A, 264C Clifton ...... 293A Channel No. Clinton ...... 237A Coalmont ...... 284A Aberdeen ...... 231C1, 235C, 294C1 Collinwood ...... 235C3 Belle Fourche ...... 240C1, 271C3 Colonial Heights ...... 240C2 Brandon ...... 261A Columbia ...... 269A Brookings ...... 229C1 Cookeville ...... 234C, 253C2 Canton ...... 274C2 Covington ...... 228A Clear Lake ...... 296C3 Crossville ...... 257A, 273C3 Custer ...... 286C2 Dayton ...... 285A Deadwood ...... 236C Dickson ...... 273C1 Dell Rapids ...... 239C3 Dresden ...... 236A Faith ...... 246C Dyer ...... 232A Flandreau ...... 300C3 Dyersburg ...... 261C2 Gregory ...... 268C1 East Ridge ...... 300C3 Hot Springs ...... 244C2 Elizabethton ...... 257C3 Huron ...... 256A, 286A Erwin ...... 280A Ipswich ...... 300A Etowah ...... 276C2 Lead ...... 232C Fayetteville ...... 288A Lennox ...... 256C3 Franklin ...... 261A Lowry ...... 264C1 Gallatin ...... 283C1 Madison ...... 276C2 Gatlinburg ...... 288A Martin ...... 273C1 Germantown ...... 231C2, 298C3 Milbank ...... 282C1 Goddlettsville ...... 246C2 Mission ...... 264A Graysville ...... 239A Mitchell ...... 290C1, 297C1 Greensville ...... 235C Mobridge ...... 258C1 Harriman ...... 224A Murdo ...... 285A Harrogate ...... 243A Pierre ...... 224C1, 237C2 Henderson ...... 239A, 299C3 Pine Ridge ...... 228A Hendersonville ...... 221A Presho ...... 262A Humboldt ...... 272A, 287A Rapid City...... 222C, 230C1, 250C1, 254C1, Huntingdon ...... 265C3 262C1, 281C1, 292C Jackson ...... 268A, 276C2, 281C1 Redfield ...... 249A, 279C1 Jamestown ...... 280A, 286A Reliance ...... 233C Jefferson City ...... 257A Roscoe ...... 287A Jellico ...... 274A Salem ...... 263C1 Johnson City ...... 268C Sioux Falls ...... 223C, 233A, 243C, 247C1, 270C2, Karns ...... 226A 279C2, 284C Kingsport ...... 253C, 285A Sisseton ...... 258C2, 275C1 Kingston Springs ...... 229A Spearfish ...... 266C, 297C Knoxville ...... 248C, 278C, 283A, 299C Sturgis ...... 226C Lafayette ...... 271A Vermillion ...... 292C2 La Follette ...... 285A Volga ...... 272C3 Lawrenceburg ...... 240A, 248A Watertown ...... 225C1, 241C1, 245C Lebanon ...... 255A, 298C Wessington Springs ... 227C1, 252C1 Lenoir City ...... 228A Winner ...... 229C1 Lewisburg ...... 232A Yankton ...... 226C1, 281C1 Lexington ...... 257A Livingston ...... 240C2 Lobelville ...... 233C2 TENNESSEE Loudon ...... 256A, 287A Madisonville ...... 258A Channel No. Manchester ...... 259C Martin ...... 269A Alamo ...... 226C3 Maryville ...... 239A Athens ...... 269C3 McKenzie ...... 295C1

106

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

TENNESSEEÐContinued TEXASÐContinued

Channel No. Channel No.

McKinnon ...... 268A Bandera ...... 252A McMinnville ...... 280A Bastrop ...... 296C2 Memphis ...... 246C1, 259C, 266C1, 274C1, Bay City ...... 269C1, 273C1 283C1, 290C Beaumont ...... 231C1, 236C1, 248C1, 273C2, 300C Middleton ...... 264C3 Beeville ...... 250C2, 289C3 Milan ...... 222C Bells ...... 226A Millington ...... 251C Belton ...... 292C3 Minor Hill ...... 221A Benavides ...... 299C2 Monterey ...... 226A, 284A, 295C2 Big Lake ...... 252A, 280A Morristown ...... 231A Big Spring ...... 240C3, 232C3 Murfreesboro ...... 242C1 Bishop ...... 295C3 Nashville ...... 225C, 238C, 250C, 277C, 290C Bloomington ...... 295C3 Newport ...... 225A Blossom ...... 224C2 Norris ...... 294A Bonham ...... 252C3 Oak Ridge ...... 232A, 262C Borger ...... 282C1, 294A Oliver Springs ...... 254C3 Brackettville ...... 234A Oneida ...... 288A Brady ...... 237A Paris ...... 231C3 Breckenridge ...... 228C2 Parsons ...... 247A Brenham ...... 231C3, 291C2 Pulaski ...... 252A Bridgeport ...... 252A Red Bank ...... 232A Brownfield ...... 282C2 Ripley ...... 235A Brownsville ...... 258C, 262C Rockwood ...... 289A Brownwood ...... 257C2, 268C1, 281C1 Rogersville ...... 293A Bryan ...... 252A, 258A, 284C2 St. Joseph ...... 268A Buda ...... 268C1 Savannah ...... 228A, 269A Burkburnett ...... 284C Selmer ...... 230A, 288A Burnet ...... 223A, 295A Sevierville ...... 271C1 Caldwell ...... 297A Seymour ...... 242A Cameron ...... 232A, 280C2 Shelbyville ...... 275C1 Campwood ...... 256A Signal Mountain ...... 251A Canadian ...... 235C1 Smithville ...... 269A Canyon ...... 296A, 300C1 Smyrna ...... 231A Carrizo Springs ...... 221A, 228A Soddy-Daisy ...... 272A Carthage ...... 255C1, 282A South Pittsburg ...... 247C2 Center ...... 263A Sparta ...... 288A Centerville ...... 290C3 Spencer ...... 297A Childress ...... 241C2 Spring City ...... 230C3 Claude ...... 239C1 Springfield ...... 232A Clarksville ...... 253C Surgoinsville ...... 282A Cleveland ...... 246C Sweetwater ...... 252A Clifton ...... 277C3 Tazewell ...... 290A Coahoma ...... 288A Tiptonville ...... 267C3 Coalgate ...... 288C2 Trenton ...... 248C3 Coleman ...... 296C3 Tullahoma ...... 227C College Station ...... 263C2 Tusculum ...... 276A Colorado City ...... 291A Union City ...... 285A, 289A Columbus ...... 252A Wartburg ...... 267C3 Comanche ...... 232C2 Waverly ...... 286C2 Comfort ...... 236C2 Woodbury ...... 285A Commerce ...... 277C3 Conroe ...... 295C Copperas Cove ...... 276C3 TEXAS Corpus Christi ...... 230C1, 234C3, 238C, 243C1, 256C1 Corrigan ...... 232A Channel No. Cotulla ...... 249A Crane ...... 267C1 Abilene ...... 223C2, 263C, 286C1, 292C2, 300C1 Crockett ...... 224C2, 228C2 Alamo ...... 285A Crystal Beach ...... 268C3 Alice ...... 221A, 272A Crystal City ...... 232A Alpine ...... 224A Cuero ...... 249C3 Amarillo ...... 226C1, 231C, 245C1, 250C, 254C1, Dalhart ...... 240A 259A, 265C1, 270C1, 275C1, Dallas ...... 223C, 250C, 254C, 262C, 266C, 289C3 275C, 283C, 287C Andrews ...... 288A Decatur ...... 289C Anson ...... 251C2 Del Rio ...... 232A, 242C1 Archer City ...... 248C2 Denton ...... 256C, 291C Arlington ...... 235C Denver City ...... 248C2 Atlanta ...... 261C2 DeQueen ...... 227A Austin ...... 229C, 238C1, 251C1, 264C, 272C2 Detroit ...... 294C2 Azle ...... 269C Devine ...... 223C2 Baird ...... 236C3 Diboll ...... 238C1 Ballinger ...... 276C1 Dilley ...... 255C2

107

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

TEXASÐContinued TEXASÐContinued

Channel No. Channel No.

Dimmitt ...... 263C3 Jacksboro ...... 237A Dublin ...... 226C3 Jacksonville ...... 272C2, 293C Dumas ...... 237C3 Jasper ...... 274C2, 297A Eagle Pass ...... 224A Jefferson ...... 283A Eastland ...... 249A Johnson City ...... 300C2 Eden ...... 283A Jourdanton ...... 239C3 Edinburg ...... 281C, 300C1 Junction ...... 228A Edna ...... 241C3 Karnes City ...... 276C2 El Campo ...... 245C1 Kennedy ...... 221A El Paso...... 222C, 226C, 230C, 234C, 238C, Kermit ...... 292A 242C, 248C, 260C, 271C Kerrville ...... 222C2, 232C2, 291A Electra ...... 235C2 Kilgore ...... 241C2 Elgin ...... 223A Killeen ...... 222A, 227C Fabens ...... 276A Kingsville ...... 224C2, 248C1 Fairfield ...... 256C3 Knox City ...... 297A Falfurrias ...... 292A Krum ...... 229C3 Farmersville ...... 221A La Grange ...... 285A Farwell ...... 222C1, 252C2 Lake Jackson ...... 298C Floresville ...... 231C2 Lamesa ...... 284C1 Flower Mound ...... 244C Lampasas ...... 255C1 Floydada ...... 237A Laredo ...... 224A, 235C1, 251C1, 291A Fort Stockton ...... 232A Leakey ...... 282A, 226A Fort Worth ...... 231C, 242C, 258C, 298C1 Lewisville ...... 300C1 Fort Worth-Dallas ...... 246C, 271C Levelland ...... 288A Franklin ...... 270C3 Liberty ...... 260C2 Frankston ...... 244C2 Linden ...... 257C2 Fredericksburg ...... 266C Littlefield ...... 238C3 Freeport ...... 277C Livingston ...... 222C2 Freer ...... 240A Llano ...... 242A, 275A, 293A Friona ...... 234C2 Lometa ...... 270A Gainesville ...... 233C, 300C1 Longview ...... 247C2, 289C Galveston ...... 285A, 293C Lorenzo ...... 251C2 Ganado ...... 284C2 Los Ybanez ...... 253C2 Gatesville ...... 252A Lovelady ...... 282C3 George West ...... 228C3, 281A Lubbock ...... 229C1, 233C1, 242C1, 258C1, Georgetown ...... 244C1, 299C3 266C1, 273C1, 293C2 Gilmer ...... 237C3 Lufkin ...... 230A, 257C2, 261A, 286C Glen Rose ...... 221C1 Luling ...... 234C Goldsmith ...... 234A Madisonville ...... 241C2, 263C3 Goliad ...... 240C3 Malakoff ...... 240A Gonzales ...... 292C3 Marfa ...... 228A Graham ...... 296C3 Markham ...... 223A Granbury ...... 294C Marlin ...... 225C2 Greenville ...... 228C3 Marshall ...... 222A, 280A Gregory ...... 283A Mason ...... 249C2, 224A Groves ...... 223C2 McAllen ...... 245C, 253C Groveton ...... 251A Mc Camey ...... 237A Haltom City ...... 227C2 McKinney ...... 295A Hamlin ...... 279C Memphis ...... 287C1 Harker Heights ...... 288C2 Mercedes ...... 292A Harlingen ...... 233C, 241C Meridian ...... 285A Haskell ...... 238C Merkel ...... 274C1 Hearne ...... 276A Mexia ...... 285A Hebbronville ...... 269A Midland ...... 222C, 227C1, 236C3, 277C1, 294C1 Hemphill ...... 280A Mineola ...... 260A Hempstead ...... 287C3 Mineral Wells ...... 240C1 Hereford ...... 278C2, 292C2 Mirando City ...... 263C2 Higland Park-Dallas ... 279C Mission ...... 288A Highland Village ...... 264C Monahans ...... 260C1, 271C Hillsboro ...... 273C1 Mt. Enterprise ...... 260A Hondo ...... 253A Muenster ...... 293A Hooks ...... 240C3 Muleshoe ...... 276A Houston ...... 229C, 233C, 239C, 243C, 250C, Nacogdoches ...... 221A, 277C1 256C, 262C, 266C, 271C, 275C, Navasota ...... 223A 281C, 289C New Boston ...... 236C2, 278C2, 286A Howe ...... 237C3 New Braunfels ...... 221A Hudson ...... 242A New Ulm ...... 222A Huntington ...... 270C2 Nolanville ...... 297A Huntsville ...... 259C3, 269A Odem ...... 252C2 Hutto ...... 221A Odessa ...... 241C2, 245C1, 250C1, 256C1, Idalou ...... 289A, 299A 300C1 Ingleside ...... 297C3 Olney ...... 282C2

108

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

TEXASÐContinued TEXASÐContinued

Channel No. Channel No.

Orange ...... 283C1, 291C Thorndale ...... 257A Ore City ...... 295C3 Three Rivers ...... 233C2 Overton ...... 264C3 Tulia ...... 285C3 Ozona ...... 232A Tye ...... 259C1 Palacios ...... 259A Tyler ...... 221C3, 226C1, 268C, 281C2 Palestine ...... 252C2 Uvalde ...... 229A, 272A, 285C3 Pampa ...... 262C2 Vernon ...... 272A Paris ...... 230C2, 270C2, 299C2 Victoria ...... 222A, 236C1, 254C1, 265A, 300C1 Pasadena ...... 225C Waco ...... 233A, 239C2, 248C, 260C, 296A Pearsall ...... 237A, 281A Wake Village ...... 233A Pecos ...... 247C1, 252A Wellington ...... 278C3 Perryton ...... 240A Whitehouse ...... 297C2 Pilot Point ...... 285C2 Whitesboro ...... 273C2 Pittsburg ...... 245A, 276C3 Wichita Falls ...... 225C1, 260C1, 277C1, 273A, 292C2 Plainview ...... 247C1, 280C1, 295C2 Willis ...... 279C3 Pleasanton ...... 252A Winfield ...... 249C3 Point Comfort ...... 231C3 Winnie ...... 264C Port Arthur ...... 227C, 253C Winnsboro ...... 284A Port Isabel ...... 266A Winona ...... 274A Port Lavaca ...... 227C1 Winters ...... 241A Portland ...... 288A Woodville ...... 234C2 Post ...... 297C2 Yoakum ...... 223A Premont ...... 264C3 Yorktown ...... 242A Quanah ...... 265C3 Zapata ...... 228A, 274A, 280A Raymondville ...... 271C2, 289A Refugio ...... 263A, 291C3 Reno ...... 255A UTAH Rio Grande City ...... 236A, 298C2 Robinson ...... 300A Channel No. Robstown ...... 260C1, 286A Rockdale ...... 253A Blanding ...... 221A Rockport ...... 272C2 Bountiful ...... 258C Roma ...... 249A Brian Head ...... 251C Rosenberg ...... 285A Brigham City ...... 264C, 295C Round Rock ...... 290C2 Castle Dale ...... 237C3 Rusk ...... 249C3 Cedar City ...... 223C, 235C1 San Angelo...... 225C1, 230C1, 234C1, 248C1, Centerville ...... 289C 254C, 261C2, 270C1, 289C3, Coalville ...... 223A 298C1 Delta ...... 239C1 San Antonio ...... 225C, 241C1, 247C, 258C, 262C, Huntington ...... 296C2 270C1, 274Cl, 283C1, 298C Huntsville ...... 276C3 San Augustine ...... 223A Hurricane ...... 275C3 San Diego ...... 290C3 Kanab ...... 266C1 San Marcos ...... 278C Levan ...... 256A Sanger ...... 281C3 Logan ...... 225C2, 233C San Saba ...... 246A Manti ...... 286C Seabrook ...... 221C1 Midvale ...... 274C Seadrift ...... 286a Moab ...... 246C1 Mona ...... 225A Seguin ...... 287C Monroe ...... 257C2 Seminole ...... 292A Monticello ...... 291C1 Seymour ...... 230C2 Nephi ...... 224A, 280C1 Shamrock ...... 224A Oakley ...... 268C1 Silsbee ...... 269A Ogden ...... 238C1, 250C, 266C, 270C Sinton ...... 267C1, 279C1 Orem ...... 298C Slaton ...... 224C1 Payson ...... 222A Snyder ...... 246A, 268C2 Price ...... 252C3, 265A Sonora ...... 221A Provo ...... 235C, 242C South Padre Island .... 224A, 237A Randolph ...... 272A Spearman ...... 252A Richfield ...... 229C, 248 Stamford ...... 295C2 Roosevelt ...... 232C1, 253C2 Stanton ...... 290C2 Roy ...... 300C Stephenville ...... 252A St. George ...... 228C2, 240C, 260C Sterling City ...... 243C2 Salt Lake City...... 227C, 231C, 246C, 254C, 262C, Sulphur Springs ...... 240A 278C, 282C Sweetwater ...... 244A Smithfield ...... 280A Tahoka ...... 237A, 262C1 Spanish Fork ...... 293C1 Tatum ...... 262A Tooele ...... 221C3 Taylor ...... 282C2 Torrey ...... 253A Temple ...... 269C3 Tremonton ...... 286C Terrell ...... 296A Vernal ...... 290C3 Terrell Hills ...... 294C Wellington ...... 221C3 Texarkana ...... 251C, 273C1

109

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

VERMONT VIRGINIAÐContinued

Channel No. Channel No.

Addison ...... 229A Colonial Beach ...... 240A Barre ...... 296A Colonial Heights ...... 237B1 Bellows Falls ...... 296A Covington ...... 265A Bennington ...... 232A Crewe ...... 284C1 Brandon ...... 268A Crozet ...... 272A, 278A Brattleboro ...... 224A, 244A Culpeper ...... 276A Burlington ...... 225C, 255C1, 300C Danville ...... 277C1 Canaan ...... 231C3 Deltaville ...... 222A Danville ...... 239A Dillwyn ...... 287A Derby Center ...... 221C3 Elkton ...... 252A Hartford ...... 282A Emporia ...... 258A Killington ...... 287C2 Ettrick ...... 226A Lyndon ...... 249C3 Exmore ...... 291B1, 298B Manchester ...... 274B Falmouth ...... 283A Marlboro ...... 268A Farmville ...... 225A, 239B, 267A Middlebury ...... 265A Fort Lee ...... 243B Montpelier ...... 284C2 Franklin ...... 269A Randolph ...... 271C3 Fredericksburg ...... 227B, 268B Royalton ...... 276A Front Royal ...... 237A, 257A Rupert ...... 281A Galax ...... 251C Rutland ...... 233C3, 246C2, 251C2 Gloucester ...... 256A South Burlington ...... 238C3 Goochland ...... 263A Springfield ...... 228A Gretna ...... 292A St. Albans ...... 272A Grundy ...... 249A St. Johnsbury ...... 288A Hampton ...... 267B Stowe ...... 269A Harrisonburg ...... 264B, 282B Vergennes ...... 294C2 Hot Springs ...... 296A Warren ...... 241A Jonesville ...... 256A Waterbury ...... 277C3 Kilmarnock ...... 269A West Rutland ...... 298C3 Lawrenceville ...... 288A White River Junction 237A Lebanon ...... 297A Wilmington ...... 264A Louisa ...... 288A Woodstock ...... 230A Luray ...... 280A, 289A Lynchburg ...... 250C3, 261C3, 269C3, 290A Manassas ...... 294B VIRGINIA Marion ...... 230C, 273A, 278A Martinsville ...... 242C1 Channel No. Mechanicsville ...... 221B1 Mount Jackson ...... 245A Abingdon ...... 224A Narrows ...... 267A Accomac ...... 257B1 Newport News ...... 247B Alberta ...... 276A Norfolk ...... 239B, 254B, 259B, 263B, 275B, Alta Vista ...... 288A 283B, 287B Amherst ...... 300C1 Norton ...... 292A Appomattox ...... 274C1, 296A Onley-Onancock ...... 277B Arlington ...... 286B Orange ...... 244A Ashland ...... 261A Pennington Gap ...... 288A Bedford ...... 295A Petersburg ...... 257A, 262A Berryville ...... 288A Pound ...... 272A Big Stone Gap ...... 228C2 Powhatan ...... 297A Blacksburg ...... 287C3 Pulaski ...... 296C3 Blackstone ...... 228C3 Radford ...... 269A Bluefield ...... 292A Richlands ...... 264A, 288A Bowling Green ...... 245A Richmond ...... 233B, 251B, 271B, 279B, 289A, Bridgewater ...... 286A 293B Broadway ...... 238A Roanoke ...... 222C, 235C, 256C, 285C3 Buena Vista ...... 244A Ruckersville ...... 270A Buffalo Gap ...... 238A Rural Retreat ...... 237A Cape Charles ...... 241B Salem ...... 228A Cedar Bluff ...... 299A Shawsville ...... 273A Charlottesville ...... 224A, 236A, 248B, 298A Shenandoah ...... 296A Chase City ...... 260C3 South Boston ...... 237A, 248C1 Chesa-Portsm-Va Bea 271A South Hill ...... 255C3 Chesapeake ...... 229C1 Spotsylvania ...... 257A Chester ...... 266A Stanleytown ...... 260C3 Chincoteague ...... 243A Staunton ...... 228A, 232B1, 259B Christiansburg ...... 264A Strasburg ...... 285A Churchville ...... 292B1 Suffolk ...... 225B, 295C Clarksville ...... 252C3 Tappahannock ...... 288A Clifton Forge ...... 280A Tazewell ...... 261A Clinchco ...... 221A Vinton ...... 268A, 291A, 296A Coeburn ...... 259C3 Virginia Beach ...... 235B

110

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

VIRGINIAÐContinued WASHINGTONÐContinued

Channel No. Channel No.

Warrenton ...... 232A, 299B Royal City ...... 228A, 242C2 Warsaw ...... 265A Seattle ...... 227C, 231C, 235C1, 239C, 243C, West Point ...... 300A 251C, 255C, 260C, 264C, 268C, White Stone ...... 285A 273C, 299C Winchester ...... 223B, 273B Shelton ...... 233A Windsor ...... 299A South Bend ...... 289C2 Woodbridge ...... 290B Spokane ...... 225C, 229C, 245C3, 251C, 255C, Woodstock ...... 229B1 260C, 280C2, 284A, 289C, 300C Yorktown ...... 231B Sunnyside ...... 244A Tacoma ...... 247C, 279C, 291C Toppenish ...... 225C2 WASHINGTON Vancouver ...... 290C2 Wisp ...... 292A Channel No. Walla Walla ...... 227C1, 239C, 246C, 256C2, 264C3, 265A Aberdeen ...... 257C1, 284C2 Wenatchee ...... 271C, 285C2 Bellevue ...... 223C Westport ...... 267A Bellingham ...... 225C, 282C Wilson Creek ...... 278C1 Bremerton ...... 295C Winlock ...... 236A Camas ...... 234C2 Winthrop ...... 248A Cashmere ...... 294A Yakima ...... 233C1, 252A, 259C3, 281C1, Castle Rock ...... 296C3 289C1, 297C Centralia ...... 275C Chehalis ...... 282A Chelan ...... 228A WEST VIRGINIA Cheney ...... 266C Chewelah ...... *274C3 Channel No. Clarkston ...... 231C, 275A Cle Elum ...... 229A Barrackville ...... 226A Colfax ...... 273C3 Beckley ...... 258B, 279B Colville ...... 221A Berkeley Springs ...... 228A Davenport ...... 247C3 Bethlehem ...... 288B1 Dayton ...... 223C1 Bluefield ...... 283C Deer Park ...... 296C3 Bridgeport ...... 281A Dishman ...... 293A Buckhannon ...... 228B1, 267B East Wenatchee ...... 249A Charles Town ...... 252A Eatonville ...... 285A Charleston ...... 241B, 248B, 260B, 274B Edmonds ...... 287C1 Clarksburg ...... 224A, 285B1, 293B Ellensburg ...... 237C2, 276C2 Danville ...... 223A Elma ...... 271C3 Dunbar ...... 233A Ephrata ...... 222C2, 230C3 Elkins ...... 234B1, 255B1 Forks ...... 280A Elizabeth ...... 291A Goldendale ...... 272C3 Fairmont ...... 232A, 250B Grand Coulee ...... 253C Fisher ...... 279A Grandview ...... 265C2 Grafton ...... 240A Hoquiam ...... 237C3 Hinton ...... 272A Ilwaco ...... 280C3 Huntington ...... 263B, 277B, 300B Kelso ...... 233A Kenova ...... 250A Kennewick ...... 287C Keyser ...... 231B, 296A Leavenworth ...... 266A Kingwood ...... 244A, 299A Long Beach ...... 232A Lewisburg ...... 276A Longview ...... 288A Logan ...... 270B Lynden ...... 293C Lost Creek ...... 242A Mabton ...... 254C3 Mannington ...... 274A Manson ...... 234C3 Martinsburg ...... 248B McCleary ...... 245C3 Matewan ...... 294C3 Medical Lake ...... 270C2 Miami ...... 297B Moses Lake ...... 257A, 262C1 Milton ...... 292B1 Naches ...... 245A, 257A Morgantown ...... 261A, 270B Newport ...... 285A Moundsville ...... 243A Ocean Shores ...... 228A Mount Gay-Shamrock 234A Olympia ...... 241C Mount Hope ...... 290B Omak ...... 224C2, 282C2 Mullens ...... 224A Opportunity ...... 241C New Martinsville ...... 222A, 258A, 280A Othello ...... 248C3 Oak Hill ...... 231B Pasco ...... 252A, 267C3, 229A Parkersburg ...... 236B, 256B1, 276A Prosser ...... 269C3 Petersburg ...... 269A Pullman ...... 249A, 258C, 282C1 Pocatalico ...... 254A Quincy ...... 240C3, 244A Point Pleasant ...... 258A Raymond ...... 249C3 Powhatan ...... 297A Richland ...... 235C, 274C, 293C Princeton ...... 240A, 254C3, 265A Rock Island ...... 258A Rainelle ...... 237B1

111

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.202 47 CFR Ch. I (10–1–99 Edition)

WEST VIRGINIAÐContinued WISCONSINÐContinued

Channel No. Channel No.

Ravenswood ...... 226A Kenosha ...... 236B Richwood ...... 288A Kewaunee ...... 224A Ridgeley ...... 263A La Crosse ...... 227C, 239C2, 285A, 292C3 Ripley ...... 252A Ladysmith ...... 224A, 226A Romney ...... 261A, *281A Lake Geneva ...... 241A Ronceverte ...... 249A Lancaster ...... 249C3 Salem ...... 277A, 289A Lomira ...... 249A South Charleston ...... 265A Madison ...... 251B, 268B, 273B, 281B Spencer ...... 284A Manitowoc ...... 221A, 272A St. Albans ...... 286B Marathon ...... 285C3 St. Marys ...... 230B1, 287A Marinette ...... 236C1 Summersville ...... 225B Marshfield ...... 293C1 Sutton ...... 246B1 Mauston ...... 221A Vienna ...... 261A Mayville ...... 254A Webster Springs ...... 262B Medford ...... 257C3 Welch ...... 275A Menomonee Falls ...... 252A Weston ...... 272B1 Merrill ...... 281C3 Westover ...... 265A Middleton ...... 292A Wheeling ...... 247B, 254B, 298B Milwaukee ...... 227B, 233B, 239B, 243B, 247B, White Sulphur Springs 227A 256B, 271B, 275B, 299B Williamson ...... 243B Minocqua ...... 240C3 Williamstown ...... 245A Mishicot ...... 234A Monomonie ...... 221C3 Monroe ...... 229B WISCONSIN Mosinee ...... 234C2 Mount Horeb ...... 294A Channel No. Mukwonago ...... 287A Neehah-Menasha ...... 232C3, 262C2 Adams ...... 291A Neillsville ...... 224A, 298C1 Algoma ...... 244C3, 281A Nekoosa ...... 230C3, 288A Allouez ...... 294C3 New Holstein ...... 225A Altoona ...... 251C3 New London ...... 228C2 Antigo ...... 287C1, 291C3 New Richmond ...... 296C3 Appleton ...... 289C Oconto ...... 296A Ashland ...... 244C2, 227C1, *275A Omro ...... 258C2 Augusta ...... 268C3 Oshkosh ...... 245A Balsam Lake ...... 285C3 Park Falls ...... 254C2 Baradoo ...... 235B Peshtigo ...... 242C2 Barron ...... 249A Platteville ...... 296A Beaver Dam ...... 237A Plymouth ...... 283A Berlin ...... 284A Port Washington ...... 261A Birnamwood ...... 225A Portage ...... 240A, 261A Black River Falls ...... 259C3 Prairie Du Chien ...... 232C2 Bloomer ...... 236C3 Racine ...... 221A, 264B Brillion ...... 298C3 Reedsburg ...... 275A, 285A Brookfield ...... 295A Rhinelander ...... 248C1, 261C1 Chetek ...... 294C2 Rice Lake ...... 242C1, 256C2 Chippewa Falls ...... 289C3 Richland Center ...... 265A Cleveland ...... 251A Ripon ...... 241A Clintonville ...... 222A River Falls ...... 292A Columbus ...... 263A Rudolph ...... 260C3 Cornell ...... 260C3 Sauk City ...... 242B1 Crandon ...... 276A Seymour ...... 282A De Forest ...... 226A Shawano ...... 257C3 De Pere ...... 240C3 Sheboygan ...... 229A Dickeyville ...... 266A Sheboygan Falls ...... 293A Dodgeville ...... 257A Shell Lake ...... 237C3 Durand ...... 240A Siren ...... 289A Eagle River ...... 233C2 Soldiers Grove ...... 290A Eau Claire ...... 231C1, 264C1, 283C Sparta ...... 246C1 Elk Mound ...... 225A Spencer ...... 222A Evansville ...... 290A Spooner ...... 292A Fond Du Lac ...... 296A Sturgeon Bay ...... 230C1, 249A, 259C2 Forestville ...... 271A Sturtevant ...... 284A Fort Atkinson ...... 297B Sun Prairie ...... 221A Green Bay ...... 253C1, 266C Superior ...... 273C1 Hallie ...... 279C1 Suring ...... 274C1 Hartford ...... 285A Three Lakes ...... 229C2 Hayward ...... 222A, 266A Tomah ...... 241C2, 255C, 233C3 Iron River ...... 297C3 Tomahawk ...... 223C3 Janesville ...... 260B1 Trempealeau ...... 288A Kaukauna ...... 276C3, 285A Two Rivers ...... 246A, 255A

112

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.202

WISCONSINÐContinued AMERICAN SAMOA

Channel No. Channel No.

Verona ...... 288A Fagaitua ...... 276C2 Viroqua ...... 272A Leone ...... 230C1 Washburn ...... 290C1 Pago Pago ...... 221C3, 226C1 Watertown ...... 231B Waukesha ...... 291B Waunakee ...... 286A CENTRAL MARIANAS Waupaca ...... 224A Wausau ...... 238C, 270C, 300C Channel No. Wautoma ...... 272A Saipan ...... 230A Wauwatosa ...... 279B West Bend ...... 223B West Salem ...... 261A GARAPAN Westby ...... 280A Whitehall ...... 272A Channel No. Whitewater ...... 283A, 293A Whiting ...... 244C2 Saipan ...... 258C1, 262C2, 266C3, 280C3 Winneconne ...... 280C3 Wisconsin Dells ...... 295A Wisconsin Rapids ...... 277C1 GUAM

Channel No. WYOMING Agana ...... 230C2, 238C2, 248C2, 262C2, Channel No. 270C2, 275C Dededo ...... 286C Afton ...... 254A Tumon ...... 282A Albin ...... 297C2 Buffalo ...... 225C1 Burns ...... 270C2 PUERTO RICO Casper ...... 233C, 238C, 247C1, 273C, 279C, 284C1, 295C Channel No. Centennial ...... 224A Aguada ...... 288A Cheyenne ...... 250C1, 260A, 264C1, 285A, 292C3 Aguadilla ...... 225B, 262B Chugwater ...... 258A Arecibo ...... 293B1, 297B Cody ...... 250C Bayamon ...... 234B, 264B Diamondville ...... 287C2 Cabo Rojo ...... 272A Douglas ...... 257A Caguas ...... 277B Evanston ...... 291C3, 252C2 Camuy ...... 275B Fort Bridger ...... 256C1 Carolina ...... 299B Gillette ...... 245C1, 249A, 264C1 Cidra ...... 249A Glendo ...... 261A Corozal ...... 223B Glenrock ...... 252A Culebra ...... 254A Green River ...... 221C Fajardo ...... 243B Greybull ...... 262C Guayama ...... 295B Jackson ...... 227C, 237C, 245C1 Hormigueros ...... 221A, 291A Kemmerer ...... 297C2 Isabela ...... 268B Lander ...... 248C1 Lajas ...... 279B Laramie ...... 236C, 244A, 254A, 275C, 283C2, Las Piedras ...... 252A 288C3 Luguillo ...... 221A Lost Cabin ...... 256C Manati ...... 245B Lovell ...... 296C Maricao ...... 241B Manville ...... 255C1 Mayaguez ...... 231B, 248B, 254B Midwest ...... 300A Naguabo ...... 225A Mills ...... 288A Ponce ...... 227B1, 266B, 270B, 286B Moorcroft ...... 228A Quebradillas ...... 258A Newcastle ...... 257A Rio Grande ...... 247A Pine Bluffs ...... 287C2 Rio Piedras ...... 239B Pinedale ...... 2266A San German ...... 236B Powell ...... 233C, 281C San Juan...... 229B, 256B, 260B, 273B, 284B, Rawlins ...... 224A 289B Riverton ...... 226C1, 230C1 Santa Isabel ...... 251A Rock River ...... 240A Utuado ...... 281B Rock Springs ...... 236C, 243C, 283C Vieques ...... 291B Sheridan ...... 229C, 235C Sundance ...... 276C1 Superior ...... 293C VIRGIN ISLANDS Thermopolis ...... 252A, 269C1 Torrington ...... 252C3 Channel No. Wheatland ...... 269A Charlotte Amalie ...... *226A, 241B1, 250B, 271B, *275A, Worland ...... 241C2 282B, 287B, 297A

113

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.203 47 CFR Ch. I (10–1–99 Edition)

VIRGIN ISLANDSÐContinued suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to Channel No. §§ 73.213 through 73.215.

Christiansted ...... 228B, 236B, 258B, 262B, 285A Cruz Bay ...... 267B [54 FR 11954, Mar. 23, 1989, as amended at 58 Frederiksted ...... 253A, 269B1, 278A FR 38535, July 19, 1993]

(Sec. 316, 66 Stat. 717; 47 U.S.C. 316; sec. 5, 48 § 73.204 International agreements and Stat., as amended, 1068; 47 U.S.C. 154, 155; other restrictions on use of chan- secs. 2, 3, 4, 301, 303, 307, 308, 309, 315, 317, 48 nels. Stat. as amended, 1064, 1065, 1066, 1081, 1082, See §§ 73.207, 73.220 and 73.1650. 1083, 1084, 1085, 1088, 1089; (47 U.S.C. 152, 153, 301, 303, 307, 308, 309, 315, 317); secs 1, 201–205, [49 FR 10264, Mar. 20, 1984] 208, 215, 218, 313, 314, 403, 404, 410, 602; 48 Stat. as amended; 1070, 1071, 1072, 1073, 1076, 1077, § 73.205 Zones. 1087, 1094, 1098, 1102 (47 U.S.C. 151, 201–205, 208, 215, 218, 313, 314, 403, 404, 410, 602)) For the purpose of allotments and assignments, the United States is divided [FR 12711, Oct. 6, 1965] into three zones as follows: EDITORIAL NOTE: For FEDERAL REGISTER ci- (a) Zone I consists of that portion of tations affecting § 73.202 see the List of CFR the United States located within the Sections Affected in the Finding Aids sec- confines of the following lines drawn tion of this volume. on the United States Albers Equal Area § 73.203 Availability of channels. Projection Map (based on standard parallels 291/2° and 451/2°; North American (a) Except as provided for in para- datum): Beginning at the most easterly graph (b) of this section, applications point on the State boundary line be- may be filed to construct FM broadcast stations only at the communities and tween North Carolina and Virginia; on the channels contained in the Table thence in a straight line to a point on of Allotments (§ 73.202(b)). Applications the Virginia-West Virginia boundary ° ′ that fail to comply with this require- line located at north latitude 37 49 and ° ′ ″ ments, whether or not accompanied by west longitude 80 12 30 ; thence west- a petition to amend the Table, will not erly along the southern boundary lines be accepted for tender. of the States of West Virginia, Ohio, (b) Applications filed on a first come, Indiana, and Illinois to a point at the first served basis may propose a lower junction of the Illinois, Kentucky, and or higher class adjacent, intermediate Missouri State boundary lines; thence frequency or co-channel. Applications northerly along the western boundary for the modification of an existing FM line of the State of Illinois to a point broadcast station may propose a lower at the junction of the Illinois, Iowa, or higher class adjacent, intermediate and Wisconsin State boundary lines; frequency or co-channel, or an same thence easterly along the northern class adjacent channel. In these cases, State boundary line of Illinois to the the applicant need not file a petition 90th meridian; thence north along this for rule making to amend the Table of meridian to the 43.5° parallel; thence Allotments (§ 73.202(b)) to specify the east along this parallel to the United modified channel class. States-Canada border; thence southerly and following that border until it again NOTE: Changes in channel and/or class by intersects the 43.5° parallel; thence east application are limited to modifications on first, second and third adjacent channels, in- along this parallel tothe 71st meridian; termediate frequency (IF) channels, and co- thence in a straight line to the inter- channels which require no other changes to section of the 69th meridian and the the FM Table of Allotments. Applications re- 45th parallel; thence east along the questing such modifications must meet ei- 45th parallel to the Atlantic Ocean. ther the minimum spacing requirements of When any of the above lines pass § 73.207 at the site specified in the applica- through a city, the city shall be consid- tion, without resort to the provisions of the ered to be located in Zone I. (See Fig- Commission’s Rules permitting short spaced stations as set forth in §§ 73.213 through 73.215 ure 1 of § 73.699.) or demonstrate by a separate exhibit at- (b) Zone I–A consists of Puerto Rico, tached to the application the existence of a the Virgin Islands and that portion of

114

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.207

the State of California which is located MHz above and below). The distances in south of the 40th parallel. the Tables apply regardless of whether (c) Zone II consists of Alaska, Hawaii the proposed station class appears first and the rest of the United States which or second in the ‘‘Relation’’ column of is not located in either Zone I or Zone the table. I–A. (1) Domestic allotments and assign- [29 FR 14116, Oct. 14, 1964, and 31 FR 10125, ments must be separated from each July 27, 1966, as amended at 48 FR 29504, June other by not less than the distances in 27, 1983] Table A which follows:

§ 73.207 Minimum distance separation TABLE AÐMINIMUM DISTANCE SEPARATION between stations. REQUIREMENTS IN KILOMETERS (MILES)

(a) Except for assignments made pur- 10.6/ suant to § 73.213 or 73.215, FM allot- Co- 400/600 Relation channel 200 kHz kHz 10.8 ments and assignments must be sepa- MHz rated from other allotments and as- A to A ...... 115 (71) 72 (45) 31 (19) 10 (6) signments on the same channel (co- A to B1 ...... 143 (89) 96 (60) 48 (30) 12 (7) channel) and five pairs of adjacent A to B ...... 178 113 (70) 69 (43) 15 (9) (111) channels by not less than the minimum A to C3 ...... 142 (88) 89 (55) 42 (26) 12 (7) distances specified in paragraphs (b) A to C2 ...... 166 106 (66) 55 (34) 15 (9) and (c) of this section. The Commission (103) will not accept petitions to amend the A to C1 ...... 200 133 (83) 75 (47) 22 (14) (124) Table of Allotments unless the ref- A to C ...... 226 165 95 (59) 29 (18) erence points meet all of the minimum (140) (103) distance separation requirements of B1 to B1 ...... 175 114 (71) 50 (31) 14 (9) this section. The Commission will not (109) B1 to B ...... 211 145 (90) 71 (44) 17 (11) accept applications for new stations, or (131) applications to change the channel or B1 to C3 ...... 175 114 (71) 50 (31) 14 (9) location of existing assignments unless (109) B1 to C2 ...... 200 134 (83) 56 (35) 17 (11) transmitter sites meet the minimum (124) distance separation requirements of B1 to C1 ...... 233 161 77 (48) 24 (15) this section, or such applications con- (145) (100) form to the requirements of § 73.213 or B1 to C ...... 259 193 105 (65) 31 (19) (161) (120) 73.215. However, applications to modify B to B ...... 241 169 74 (46) 20 (12) the facilities of stations with short- (150) (105) spaced antenna locations authorized B t0 C3 ...... 211 145 (90) 71 (44) 17(11) pursuant to prior waivers of the dis- (131) B to C2 ...... 241 169 74 (46) 20 (12) tance separation requirements may be (150) (105) accepted, provided that such applica- B to C1 ...... 270 195 79 (49) 27 (17) tions propose to maintain or improve (168) (121) B to C ...... 274 217 105 (65) 35 (22) that particular spacing deficiency. (170) (135) Class D (secondary) assignments are C3 to C3 ...... 153 (95) 99 (62) 43 (27) 14 (9) subject only to the distance separation C3 to C2 ...... 177 117 (73) 56 (35) 17 (11) requirements contained in paragraph (110) C3 to C1 ...... 211 144 (90) 76 (47) 24 (15) (b)(3) of this section. (See § 73.512 for (131) rules governing the channel and loca- C3 to C ...... 237 176 96 (60) 31 (19) tion of Class D (secondary) assign- (147) (109) C2 to C2 ...... 190 130 (81) 58 (36) 20 (12) ments.) (118) (b) The distances listed in Tables A, C2 to C1 ...... 224 158 (98) 79 (49) 27 (17) B, and C apply to allotments and as- (139) signments on the same channel and C2 to C ...... 249 188 105 (65) 35 (22) (155) (117) each of five pairs of adjacent channels. C1 to C1 ...... 245 177 82 (51) 34 (21) The five pairs of adjacent channels are (152) (110) the first (200 kHz above and 200 kHz C1 to C ...... 270 209 105 (65) 41 (25) (168) (130) below the channel under consider- C to C ...... 290 241 105 (65) 48 (30) ation), the second (400 kHz above and (180) (150) below), the third (600 kHz above and below), the fifty-third (10.6 MHz above (2) Under the Canada-United States and below), and the fifty-fourth (10.8 FM Broadcasting Agreement, domestic

115

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00115 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.207 47 CFR Ch. I (10–1–99 Edition)

U.S. allotments and assignments with- B; also, U.S. Class C3 allotments and in 320 kilometers (199 miles) of the assignments and U.S. Class A assign- common border must be separated from ments operating with more than 3 kW Canadian allotments and assignments ERP and 100 meters antenna HAAT (or by not less than the distances given in equivalent lower ERP and higher an- Table B, which follows. When applying tenna HAAT based on a class contour Table B, U.S. Class C2 allotments and distance of 24 km) are considered to be assignments are considered to be Class Class B1.

TABLE BÐMINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS

Co-Chan- Adjacent Channels I.F. nel Relation 10.6/10.8 0 kHz 200 kHz 400 kHz 600 kHz MHz

A±A ...... 132 85 45 37 8 A±B1 ...... 180 113 62 54 16 A±B ...... 206 132 76 69 16 A±C1 ...... 239 164 98 90 32 A±C ...... 242 177 108 100 32 B1±B1 ...... 197 131 70 57 24 B1±B ...... 223 149 84 71 24 B1±C1 ...... 256 181 106 92 40 B1±C ...... 259 195 116 103 40 B±B ...... 237 164 94 74 24 ...... B±C1 ...... 271 195 115 95 40 B±C ...... 274 209 125 106 40 C1±C1 ...... 292 217 134 101 48 C1±C ...... 302 230 144 111 48 C±C ...... 306 241 153 113 48

(3) Under the 1992 Mexico-United internationally as Class AA are limited States FM Broadcasting Agreement, to a maximum of 6.0 kW ERP at 100 domestic U.S. assignments or allot- meters HAAT, or the equivalent; ments within 320 kilometers (199 miles) (iii) U.S. Class C3 assignments or al- of the common border must be sepa- lotments are considered Class B1; rated from Mexican assignments or al- (iv) U.S. Class C2 assignments or allotments by not less than the distances lotments are considered Class B; and given in Table C in this paragraph (v) Class C1 assignments or allot- (b)(3). When applying Table C— (i) U.S. or Mexican assignments or al- ments assume maximum facilities of lotments which have been notified 100 kW ERP at 300 meters HAAT. How- internationally as Class A are limited ever, U.S. Class C1 stations may not, in to a maximum of 3.0 kW ERP at 100 any event, exceed the domestic U.S. meters HAAT, or the equivalent; limit of 100 kW ERP at 299 meters (ii) U.S. or Mexican assignments or HAAT, or the equivalent. allotments which have been notified

TABLE CÐMINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS

400 kHz 10.6 or Relation Co-Chan- 200 kHz or 600 10.8 MHz nel kHz (I.F.)

A to A ...... 100 61 25 8 A to AA ...... 111 68 319 A to B1 ...... 138 88 4811 A to B ...... 163 1056514 A to C1 ...... 196 129 74 21 A to C ...... 210 1619428 AA to AA ...... 115 72 31 10 AA to B1 ...... 143 96 48 12 AA to B ...... 178 125 69 15 AA to C1 ...... 200 133 7522 AA to C ...... 226 165 95 29 B1 to B1 ...... 175 114 5014

116

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.208

TABLE CÐMINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERSÐContinued

400 kHz 10.6 or Relation Co-Chan- 200 kHz or 600 10.8 MHz nel kHz (I.F.)

B1 to B ...... 211 145 71 17 B1 to C1 ...... 233 161 7724 B1 to C ...... 259 193 96 31 B to B ...... 237 1646520 B to C1 ...... 270 195 79 27 B to C ...... 270 2159835 C1 to C1 ...... 245 177 8234 C1 to C ...... 270 209 102 41 C to C ...... 290 228 105 48

(c) The distances listed below apply (ii) Second, reference coordinates only to allotments and assignments on designated by the FCC; Channel 253 (98.5 MHz). The Commis- (iii) Third, coordinates listed in the sion will not accept petitions to amend United States Department of Interior the Table of Allotments, applications publication entitled Index to the Na- for new stations, or applications to tional Atlas of the United States of change the channel or location of exist- America; or ing assignments where the following (iv) Last, coordinates of the main minimum distances (between trans- post office. mitter sites, in kilometers) from any (The community’s reference points TV Channel 6 allotment or assignment for which the petition is submitted will are not met: normally be the coordinates listed in the above publication.) MINIMUM DISTANCE SEPARATION FROM TV (2) When the distance between com- CHANNEL 6 (82±88 MHZ) munities is calculated using community reference points and it does not TV Zones II FM Class TV Zone I & III meet the minimum separation requirements of § 73.207, the channel may still A ...... 17 22 be allotted if a transmitter site is B1 ...... 19 23 available that would meet the min- B ...... 22 26 imum separation requirements and C3 ...... 19 23 still permit the proposed station to C2 ...... 22 26 C1 ...... 29 33 meet the minimum field strength re- C ...... 36 41 quirements of § 73.315. A showing indicating the availability of a suitable site should be sumitted with the peti- [48 FR 29504, June 27, 1983, as amended at 49 FR 10264, Mar. 20, 1984; 49 FR 19670, May 9, tion. In cases where a station is not au- 1984; 49 FR 50047, Dec. 26, 1984; 51 FR 26250, thorized in a community or commu- July 22, 1986; 54 FR 14963, Apr. 14, 1989; 54 FR nities and the proposed channel cannot 16366, Apr. 24, 1989; 54 FR 19374, May 5, 1989; meet the separation requirement a 54 FR 35338, Aug. 25, 1989; 56 FR 27426, June showing should also be made indicating 14, 1991; 56 FR 57293, Nov. 8, 1991; 62 FR 50256, adequate distance between suitable Sept. 25, 1997] transmitter sites for all communities. (3) Petitions to amend the Table of § 73.208 Reference points and distance Allotments that do not meet minimum computations. distance separation requirements to (a)(1) The following reference points transmitter sites specified in pending must be used to determine distance applications will not be considered un- separation requirements when peti- less they are filed no later than: tions to amend the Table of Allotments (i) The last day of a filing window if (§ 73.202(b)) are considered: the application is for a new FM facility (i) First, transmitter sites if author- or a major change in the non-reserved ized, or if proposed in applications with band and is filed during a filing window cut-off protection pursuant to para- established under section 73.3564(d)(3); graph (a)(3) of this section; or

117

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00117 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.208 47 CFR Ch. I (10–1–99 Edition)

(ii) The cut-off date established in a posed stations in the respective cities Commission Public Notice under have been met. § 73.3564(d) and 73.3573(e) if the applica- (c) The method given in this para- tion 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 counterproposal unacceptable, the counter- gree-decimal format by dividing min- proposal may be considered in the rule- utes by 60 and seconds by 3600, then making 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: staff concerning the filing of counter- proposals. No proposals involving commu- ML=(LAT1dd+LAT2dd)÷2 nities not already included in the proceeding (3) Calculate the number of kilo- can be introduced during the reply comment period as a method of resolving conflicts. meters per degree latitude difference The counterproponent is required to make a for the middle latitude calculated in showing that, at the time it filed the coun- paragraph (c)(2) as follows: terproposal, it did not know, and could not KPD =111.13209¥0.56605 have known by exercising due diligence, of lat the pendency of the conflicting FM applica- cos(2ML)+0.00120 cos(4ML) tion. (4) Calculate the number of kilo- (b) Station separations in licensing meters per degree longitude difference proceedings shall be determined by the for the middle latitude calculated in distance between the coordinates of the paragraph (c)(2) as follows:

proposed transmitter site in one com- KPDlon=111.41513 cos(ML)¥0.09455 munity and cos(3ML)+0.00012 cos(5ML) (1) The coordinates of an authorized (5) Calculate the North-South dis- transmitter site for the pertinent chan- tance in kilometers as follows: nel in the other community; or, where such transmitter site is not available NS=KPDlat(LAT1dd¥LAT2dd) for use as a reference point, (6) Calculate the East-West distance (2) Reference coordinates designated in kilometers as follows: by the FCC; or, if none are designated, ¥ (3) The coordinates of the other com- EW=KPDlon(LON1dd LON2dd) munity as listed in the publication list- (7) Calculate the distance between ed in paragraph (a) of this section; or, the two reference points by taking the if not contained therein, square root of the sum of the squares of (4) The coordinates of the main post the East-West and North-South dis- office of such other community. tances as follows: (5) In addition, where there are pend- 2∂ 2 0.5 ing applications in other communities DIST=(NS EW ) which, if granted, would have to be (8) Round the distance to the nearest considered in determining station sepa- kilometer. rations, the coordinates of the trans- (9) Terms used in this section are de- mitter sites proposed in such applica- fined as follows: tions must be used to determine wheth- (i) LAT1dd and LON1dd=the coordi- er the requirements with respect to nates of the first reference point in de- minimum separations between the pro- gree-decimal format.

118

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00118 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.211

(ii) LAT2dd and LON2dd=the coordi- (b) The power and antenna height re- nates of the second reference point in quirements for each class are set forth degree-decimal format. in § 73.211. If a station has an ERP and (iii) ML=the middle latitude in de- an antenna HAAT such that it cannot gree-decimal format. be classified using the maximum limits (iv) KPDlat=the number of kilometers and minimum requirements in § 73.211, per degree of latitude at a given middle its class shall be determined using the latitude. following procedure: (v) KPDlon=the number of kilometers (1) Determine the reference distance per degree of longitude at a given mid- of the station using the procedure in dle latitude. paragraph (b)(1)(i) of § 73.211. If this dis- (vi) NS=the North-South distance in tance is less than or equal to 28 km, kilometers. the station is Class A; otherwise, (vii) EW=the East-West distance in (2) For a station in Zone I or Zone I– kilometers. A, except for Puerto Rico and the Vir- (viii) DIST=the distance between the gin Islands: two reference points, in kilometers. (i) If this distance is greater than 28 [28 FR 13623, Dec. 14, 1963, as amended at 29 km and less than or equal to 39 km, the FR 14116, Oct. 14, 1964; 48 FR 29505, June 27, station is Class B1. 1983; 52 FR 37788, Oct. 9, 1987; 52 FR 39920, (ii) If this distance is greater than 39 Oct. 26, 1987; 54 FR 9806, Mar. 8, 1989; 57 FR km and less than or equal to 52 km, the 36020, Aug. 12, 1992; 58 FR 38537, July 19, 1993] station is Class B. (3) For a station in Zone II: § 73.209 Protection from interference. (i) If this distance is greater than 28 (a) Permittees and licensees of FM km and less than or equal to 39 km, the broadcast stations are not protected station is Class C3. from any interference which may be (ii) If this distance is greater than 39 caused by the grant of a new station, or km and less than or equal to 52 km, the of authority to modify the facilities of station is Class C2. an existing station, in accordance with (iii) If this distance is greater than 52 the provisions of this subpart. How- km and less than or equal to 72 km, the ever, they are protected from inter- station is Class C1. ference caused by Class D (secondary) (iv) If this distance is greater than 72 noncommercial educational FM sta- km and less than or equal to 92 km, the tions. See § 73.509. station is Class C. (b) The nature and extent of the pro- (4) For a station in Puerto Rico or tection from interference afforded FM the Virgin Islands: broadcast stations operating on Chan- (i) If this distance is less than or nels 221–300 is limited to that which re- equal to 42 km, the station is Class A. sults when assignments are made in ac- (ii) If this distance is greater than 42 cordance with the rules in this subpart. km and less than or equal to 46 km, the [43 FR 39715, Sept. 6, 1978 and 48 FR 29505, station is Class B1. June 27, 1983; 54 FR 9802, Mar. 8, 1989] (iii) If this distance is greater then 46 km and less than or equal to 78 km, the § 73.210 Station classes. station is Class B. (a) The rules applicable to a par- [52 FR 37788, Oct. 9, 1987; 52 FR 39920, Oct. 26, ticular station, including minimum 1987, as amended at 54 FR 16367, Apr. 24, 1989; and maximum facilities requirements, 54 FR 19374, May 5, 1989; 54 FR 35339, Aug. 25, are determined by its class. Possible 1989] class designations depend upon the zone in which the station’s transmitter § 73.211 Power and antenna height re- is located, or proposed to be located. quirements. The zones are defined in § 73.205. Allot- (a) Minimum requirements. (1) Except ted station classes are indicated in the as provided in paragraphs (a)(3) and Table of Allotments, § 73.202. Class A, (b)(2) of this section, FM stations must B1 and B stations may be authorized in operate with a minimum effective radi- Zones I and I–A, Class A, C3, C2, C1, and ated power (ERP) as follows: C stations may be authorized in Zone (i) The minimum ERP for Class A II. stations is 0.1 kW.

119

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00119 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.211 47 CFR Ch. I (10–1–99 Edition)

(ii) The ERP for Class B1 stations (ii) If a station’s ERP is equal to the must exceed 6 kW. maximum for its class, its antenna (iii) The ERP for Class B stations HAAT must not exceed the reference must exceed 25 kW. HAAT, regardless of the reference dis- (iv) The ERP for Class C3 stations tance. For example, a Class A station must exceed 6 kW. operating with 6 kW ERP may have an (v) The ERP for Class C2 stations antenna HAAT of 100 meters, but not must exceed 25 kW. 101 meters, even though the reference (vi) The ERP for Class C1 stations distance is 28 km in both cases. must exceed 50 kW. (iii) Except as provided in paragraph (vii) The minimum ERP for Class C (b)(3) of this section, no station will be stations is 100 kW. authorized in Zone I or I–A with an (2) Class C stations must have an an- ERP equal to 50 kW and a HAAT ex- tenna height above average terrain ceeding 150 meters. No station will be (HAAT) of at least 300 meters (984 feet). authorized in Zone II with an ERP No minimum HAAT is specified for equal to 100 kW and a HAAT exceeding Classes A, B1, B, C3, C2, or C1 stations. 600 meters. (3) Stations of any class except Class (2) If a station has an antenna HAAT A may have an ERP less than that greater than the reference HAAT for specified in paragraph (a)(1) of this sec- its class, its ERP must be lower than tion, provided that the reference dis- the class maximum such that the ref- tance, determined in accordance with erence distance does not exceed the paragraph (b)(1)(i) of this section, ex- class contour distance. If the antenna ceeds the distance to the class contour HAAT is so great that the station’s for the next lower class. Class A sta- ERP must be lower than the minimum tions may have an ERP less than 100 ERP for its class (specified in para- watts provided that the reference dis- graphs (a)(1) and (a)(3) of this section), tance, determined in accordance with that lower ERP will become the min- paragraph (b)(1)(i) of this section, imum for that station. equals or exceeds 6 kilometers. (b) Maximum limits. (1) Except for sta- (3) For stations located in Puerto tions located in Puerto Rico or the Vir- Rico or the Virgin Islands, the max- gin Islands, the maximum ERP in any imum ERP in any direction, reference direction, reference HAAT, and dis- HAAT, and distance to the class con- tance to the class contour for each FM tour for each FM station class are list- station class are listed below: ed below:

Class Class Reference contour Station Reference contour Station Maximum ERP HAAT in distance class Maximum ERP HAAT in distance class meters (ft.) in kilometers (ft.) in kilometers meters

A ...... 6kW (7.8 dBk) ...... 100 (328) 28 A ...... 6kW (7.8 dBk) ...... 240 (787) 42 B1 ...... 25kW (14.0 dBk) ...... 100 (328) 39 B1 ...... 25kW (14.0 dBk) ...... 150 (492) 46 B ...... 50kW (17.0 dBk) ...... 150 (492) 52 B ...... 50kW (17.0 dBk) ...... 472 (1549) 78 C3 ...... 25kW (14.0 dBk) ...... 100 (328) 39 C2 ...... 50kW (17.0 dBk) ...... 150 (492) 52 (c) Existing stations. Stations author- C1 ...... 100kW (20.0 dBk) ...... 299 (981) 72 C ...... 100kW (20.0 dBk) ...... 600 (1968) 92 ized prior to March 1, 1984 that do not conform to the requirements of this (i) The reference distance of a station section may continue to operate as au- is obtained by finding the predicted thorized. Stations operating with fa- distance to the 1mV/m contour using cilities in excess of those specified in Figure 1 of § 73.333 and then rounding to paragraph (b) of this section may not the nearest kilometer. Antenna HAAT increase their effective radiated powers is determined using the procedure in or extend their 1 mV/m field strength § 73.313. If the HAAT so determined is contour beyond the location permitted less than 30 meters (100 feet), a HAAT by their present authorizations. The of 30 meters must be used when finding provisions of this section will not apply the predicted distance to the 1 mV/m to applications to increase facilities for contour. those stations operating with less than

120

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00120 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.213

the minimum power specified in para- (service) field strength. The F(50,10) graph (a) of this section. curves in Figure 1a of § 73.333 are to be used in conjunction with the proposed [53 FR 17042, May 13, 1988, as amended at 54 FR 16367, Apr. 24, 1989; 54 FR 19374, May 5, effective radiated power and antenna 1989; 54 FR 35339, Aug. 25, 1989] height above average terrain, as calculated pursuant to § 73.313(c), (d)(2) § 73.212 Administrative changes in au- and (d)(3), using data for as many thorizations. radials as necessary, to determine the (a) In the issuance of FM broadcast location of the undesired (interfering) station authorizations, the Commis- field strength. Predicted interference is sion will specify the transmitter out- defined to exist only for locations put power and effective radiated power where the desired (service) field in accordance with the following tab- strength exceeds 0.5 mV/m (54 dBu) for ulation: a Class B station, 0.7 mV/m (57 dBu) for a Class B1 station, and 1 mV/m (60 dBu) Rounded for any other class of station. out to Power (watts or kW) nearest fig- (i) Co-channel interference is pre- ure (watts dicted to exist, for the purpose of this or kW) section, at all locations where the 1 to 3 ...... 05 undesired (interfering station) F(50,10) 3 to 10 ...... 1 field strength exceeds a value 20 dB 10 to 30 ...... 5 30 to 100 ...... 1 below the desired (service) F(50,50) field 100 to 300 ...... 5 strength of the station being consid- 300 to 1,000 ...... 10 ered (e.g., where the protected field strength is 60 dBu, the interfering field (b) Antenna heights above average strength must be 40 dBu or more for terrain will be rounded out to the near- predicted interference to exist). est meter. (ii) First-adjacent channel inter- [28 FR 13623, Dec. 14, 1963, as amended at 48 ference is predicted to exist, for the FR 29506, June 27, 1983] purpose of this section, at all locations where the undesired (interfering sta- § 73.213 Grandfathered short-spaced tion) F(50,10) field strength exceeds a stations. value 6 dB below the desired (service) (a) Stations at locations authorized F(50,50) field strength of the station prior to November 16, 1964, that did not being considered (e.g., where the pro- meet the separation distances required tected field strength is 60 dBu, the by § 73.207 and have remained continu- interfering field strength must be 54 ously short-spaced since that time may dBu or more for predicted interference be modified or relocated with respect to exist). to such short-spaced stations, provided (2) For co-channel and first-adjacent that (i) any area predicted to receive channel stations, a showing that the interference lies completely within any public interest would be served by the area currently predicted to receive co- changes proposed in an application channel or first-adjacent channel inter- must include exhibits demonstrating ference as calculated in accordance that the total area and population sub- with paragraph (a)(1) of this section, or ject to co-channel or first-adjacent that (ii) a showing is provided pursuant channel interference, caused and re- to paragraph (a)(2) of this section that ceived, would be maintained or de- demonstrates that the public interest creased. In addition, the showing must would be served by the proposed include exhibits demonstrating that changes. the area and the population subject to (1) The F(50,50) curves in Figure 1 of co-channel or first-adjacent channel in- § 73.333 are to be used in conjunction terference caused by the proposed facil- with the proposed effective radiated ity to each short-spaced station indi- power and antenna height above aver- vidually is not increased. In all cases, age terrain, as calculated pursuant to the applicant must also show that any § 73.313(c), (d)(2) and (d)(3), using data area predicted to lose service as a re- 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

121

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00121 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.213 47 CFR Ch. I (10–1–99 Edition)

aural service remaining. For the pur- or another allotment (as a result of the pose of this section, adequate service is revision of § 73.207 in the Second Report defined as 5 or more aural services (AM and Order in MM Docket No. 88–375), an or FM). application for the allotment may be (3) For co-channel and first-adjacent- authorized, and subsequently modified channel stations, a copy of any applica- after grant, in accordance with para- tion proposing interference caused in graph (c)(1) or (c)(2) of this section only any areas where interference is not with respect to such short spacing. No currently caused must be served upon other stations will be authorized pursu- the licensee(s) of the affected short- ant to these paragraphs. spaced station(s). (1) Applications for authorization under (4) For stations covered by this para- requirements equivalent to those of prior graph (a), there are no distance separa- rules. Each application for authority to tion or interference protection require- operate a Class A station with no more ments with respect to second-adjacent than 3000 watts ERP and 100 meters an- and third-adjacent channel short- tenna HAAT (or equivalent lower ERP spacings that have existed continu- and higher antenna HAAT based on a ously since November 16, 1964. class contour distance of 24 km) must (b) Stations at locations authorized specify a transmitter site that meets prior to May 17, 1989, that did not meet the minimum distance separation re- the IF separation distances required by quirements in this paragraph. Each ap- § 73.207 and have remained short-spaced plication for authority to operate a since that time may be modified or re- Class A station with more than 3000 located provided that the overlap area watts ERP (up to a maximum of 5800 of the two stations’ 36 mV/m field watts), but with an antenna HAAT strength contours is not increased. lower than 100 meters such that the (c) Short spacings involving at least distance to the predicted 0.05 mV/m (34 one Class A allotment or authoriza- dBµ V/m) F(50,10) field strength con- tion. Stations that became short tour does not exceed 98 km must speci- spaced on or after November 16, 1964 fy a transmitter site that meets the (including stations that do not meet minimum distance separation require- the minimum distance separation re- ments in this paragraph. Each applica- quirements of paragraph (c)(1) of this tion for authority to operate an FM section and that propose to maintain station of any class other than Class A or increase their existing distance sep- must specify a transmitter site that arations) may be modified or relocated meets the minimum in accordance with paragraph (c)(1) or distanceseparation requirements in (c)(2) of this section, except that this this paragraph with respect to Class A provision does not apply to stations stations operating pursuant to this that became short spaced by grant of paragraph or paragraph (c)(2) of this applications filed after October 1, 1989, section, and that meets the minimum or filed pursuant to § 73.215. If the ref- distance separation requirements of erence coordinates of an allotment are § 73.207 with respect to all other sta- short spaced to an authorized facility tions.

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 application to operate a Class A sta- Class A facilities greater than 3,000 tion with an ERP and HAAT such that watts ERP and 100 meters HAAT. Each the reference distance would exceed 24

122

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00122 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.215

kilometers must contain an exhibit tours of the proposed station do not demonstrating the consent of the li- overlap the predicted protected con- censee of each co-channel, first, second tours of other short-spaced assign- or third adjacent channel station (for ments, applications and allotments, which the requirements of § 73.207 are and the predicted interfering contours not met) to a grant of that application. of other short-spaced assignments, ap- Each such application must specify a plications and allotments do not over- transmitter site that meets the appli- lap the predicted protected contour of cable IF-related channel distance sepa- the proposed station. ration requirements of § 73.207. Applica- (1) The protected contours, for the tions that specify a new transmitter purpose of this section, are defined as site which is short-spaced to an FM follows. For all Class B and B1 stations station other than another Class A sta- on Channels 221 through 300 inclusive, tion which is seeking a mutual in- the F(50,50) field strengths along the crease in facilities may be granted only protected contours are 0.5 mV/m (54 if no alternative fully-spaced site or µ µ less short-spaced site is available. Li- dB ) and 0.7 mV/m (57 dB ), respec- censees of Class A stations seeking mu- tively. For all other stations, the tual increases in facilities need not F(50,50) field strength along the pro- µ show that a fully spaced site or less tected contour is 1.0 mV/m (60 dB ). short-spaced site is available. Applica- (2) The interfering contours, for the tions submitted pursuant to the provi- purpose of this section, are defined as sions of this paragraph may be granted follows. For co-channel stations, the only if such action is consistent with F(50,10) field strength along the inter- the public interest. fering contour is 20 dB lower than the F(50,50) field strength along the pro- [52 FR 37789, Oct. 9, 1987, as amended at 54 FR 14964, Apr. 14, 1989; 54 FR 35339, Aug. 25, 1989; tected contour for which overlap is pro- 56 FR 27426, June 14, 1991; 62 FR 50521, Sept. hibited. For first adjacent channel sta- 26, 1997; 63 FR 33876, June 22, 1998] tions (±200 kHz), the F(50,10) field strength along the interfering contour § 73.215 Contour protection for short- is 6 dB lower than the F(50,50) field spaced assignments. strength along the protected contour The Commission will accept applica- for which overlap is prohibited. For tions that specify short-spaced antenna both second and third adjacent channel locations (locations that do not meet stations (±400 kHz and ±600 kHz), the the domestic co-channel and adjacent F(50,10) field strength along the inter- channel minimum distance separation fering contour is 40 dB higher than the requirements of § 73.207); Provided F(50,50) field strength along the pro- That, such applications propose con- tected contour for which overlap is pro- tour protection, as defined in para- hibited. graph (a) of this section, with all short- (3) The locations of the protected and spaced assignments, applications and interfering contours of the proposed allotments, and meet the other appli- station and the other short-spaced as- cable requirements of this section. signments, applications and allotments Each application to be processed pursuant to this section must specifically re- must be determined in accordance with quest such processing on its face, and the procedures of paragraphs (c), (d)(2) must include the necessary exhibit to and (d)(3) of § 73.313, using data for as demonstrate that the requisite contour many radials as necessary to accu- protection will be provided. Such appli- rately locate the contours. cations may be granted when the Com- (4) Stations in Puerto Rico and the mission determines that such action Virgin Islands may submit application would serve the public interest, con- for short-spaced locations provided the venience, and necessity. predicted distance to their 1 mV/m (a) Contour protection. Contour pro- field strength contour is not extended tection, for the purpose of this section, toward the 1 mV/m field strength con- means that on the same channel and on tour of any short-spaced station. the first, second and third adjacent (b) Applicants requesting short- channels, the predicted interfering con- spaced assignments pursuant to this

123

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00123 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.215 47 CFR Ch. I (10–1–99 Edition)

section must take into account the fol- tions of concern, and HAATs in the di- lowing factors in demonstrating that rections of concern derived from the contour protection is achieved: authorized standard eight-radial an- (1) The ERP and antenna HAAT of tenna HAAT. For stations with author- the proposed station in the direction of ized ERP that exceeds the maximum the contours of other short-spaced as- ERP permitted by § 73.211 for the stand- signments, applications and allot- ard eight-radial antenna HAAT em- ments. If a directional antenna is pro- ployed, authorized under this section, posed, the pattern of that antenna contours are based on the presumed use must be used to calculate the ERP in of the maximum ERP for the applica- particular directions. See § 73.316 for ble station class (as specified in additional requirements for directional § 73.211), and antenna HAATs in the di- antennas. rections of concern that would result (2) The ERP and antenna HAAT of from a non-directional antenna mount- other short-spaced assignments, applied at a standard eight-radial antenna cations and allotments in the direction HAAT equal to the reference HAAT for of the contours of the proposed station. the applicable station class, without The ERP and antenna HAATs in the di- regard to any other restrictions that rections of concern must be determined may apply. as follows: (iv) For applications containing a re- (i) For vacant allotments, contours quest for authorization pursuant to are based on the presumed use, at the this section, except for applications to allotment’s reference point, of the continue operation with authorized maximum ERP that could be author- ERP that exceeds the maximum ERP ized for the station class of the allot- permitted by § 73.211 for the standard ment, and antenna HAATs in the direc- eight-radial antenna HAAT employed, tions of concern that would result from contours are based on the use of the a non-directional antenna mounted at proposed ERP in the directions of con- a standard eight-radial antenna HAAT cern, and antenna HAATs in the direc- equal to the reference HAAT for the tions of concern derived from the pro- station class of the allotment. posed standard eight-radial antenna (ii) For existing stations that were HAAT. For applications to continue not authorized pursuant to this sec- operation with an ERP that exceeds tion, including stations with author- the maximum ERP permitted by ized ERP that exceeds the maximum § 73.211 for the standard eight-radial ERP permitted by § 73.211 for the stand- HAAT employed, if processing is re- ard eight-radial antenna HAAT em- quested under this section, contours ployed, and for applications not re- are based on the presumed use of the questing authorization pursuant to maximum ERP for the applicable sta- this section, contours are based on the tion class (as specified in § 73.211), and presumed use of the maximum ERP for antenna HAATs in the directions of the applicable station class (as speci- concern that would result from a non- fied in § 73.211), and the antenna HAATs directional antenna mounted at a in the directions of concern that would standard eight-radial antenna HAAT result from a non-directional antenna equal to the reference HAAT for the mounted at a standard eight-radial an- applicable station class, without regard tenna HAAT equal to the reference to any other restrictions that may HAAT for the applicable station class, apply. without regard to any other restrictions that may apply (e.g. zoning laws, NOTE TO PARAGRAPH (b): Applicants are cautioned that the antenna HAAT in any FAA constraints, application of particular direction of concern will not usu- § 73.213). ally be the same as the standard eight-radial (iii) For stations authorized pursuant antenna HAAT or the reference HAAT for to this section, except stations with the station class. authorized ERP that exceeds the max- (c) Applications submitted for proc- imum ERP permitted by § 73.211 for the essing pursuant to this section are not standard eight-radial antenna HAAT required to propose contour protection employed, contours are based on the of any assignment, application or allot- use of the authorized ERP in the direc- ment for which the minimum distance

124

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00124 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.239

separation requirements of § 73.207 are would cause objectionable interference met, and may, in the directions of with such use. those assignments, applications and al- (b) In Alaska, FM broadcast stations lotments, employ the maximum ERP operating on Channels 221–300 (92.1– permitted by § 73.211 for the standard 107.9 MHz) shall not cause harmful in- eight-radial antenna HAAT employed. terference to and must accept inter- (d) Stations authorized pursuant to ference from non-Government fixed op- this section may be subsequently au- erations authorized prior to January 1, thorized on the basis of compliance 1982. with the domestic minimum separation distance requirements of § 73.207, upon [43 FR 45845, Oct. 4, 1978, as amended at 46 FR 50376, Oct. 13, 1981, 47 FR 30068, July 12, 1982; filing of an FCC Form 301 or FCC Form 48 FR 29507, June 27, 1983] 340 (as appropriate) requesting a modification of authorization. § 73.232 Territorial exclusivity. (e) The Commission will not accept No licensee of an FM broadcast sta- applications that specify a short- tion shall have any arrangement with a spaced antenna location for which the network organization which prevents following minimum distance separa- or hinders another station serving sub- tion requirements, in kilometers stantially the same area from broad- (miles), are not met: casting the network’s programs not taken by the former station, or which Relation Co-Chan- 200 kHz 400/600 nel kHz prevents or hinders another station A to A ...... 92(57) 49(30) 29(18) serving a substantially different area A to B1 ...... 119(74) 72(45) 46(29) from broadcasting any program of the A to B ...... 143(89) 96(60) 67(42) network organization: Provided, how- A to C3 ...... 119(74) 72(45) 40(25) A to C2 ...... 143(89) 89(55) 53(33) ever, That this section does not pro- A to C1 ...... 178(111) 111(69) 73(45) hibit arrangements under which the A to C ...... 203(126) 142(88) 93(58) station is granted first call within its B1 to B1 ...... 143(89) 96(60) 48(30) B1 to B ...... 178(111) 114(71) 69(43) primary service area upon the net- B1 to C3 ...... 143(89) 96(60) 48(30) work’s programs. The term ‘‘network B1 to C2 ...... 175(109) 114(71) 55(34) organization’’ means any organization B1 to C1 ...... 200(124) 134(83) 75(47) B1 to C ...... 233(145) 165(103) 95(59) originating program material, with or B to B ...... 211(131) 145(90) 71(44) without commercial messages, and fur- B to C3 ...... 178(111) 114(70) 69(43) nishing the same to stations inter- B to C2 ...... 211(131) 145(90) 71(44) B to C1 ...... 241(150) 169(105) 77(48) connected so as to permit simultaneous B to C ...... 270(168) 195(121) 105(65) broadcast by all or some of them. How- C3 to C3 ...... 142(88) 89(55) 42(26) ever, arrangements involving only sta- C3 to C2 ...... 166(103) 106(66) 55(34) C3 to C1 ...... 200(124) 133(83) 75(47) tions under common ownership, or only C3 to C ...... 226(140) 165(103) 95(59) the rebroadcast by one station of pro- C2 to C2 ...... 177(110) 117(73) 56(35) gramming from another with no com- C2 to C1 ...... 211(131) 144(90) 76(47) C2 to C ...... 237(147) 176(109) 96(60) pensation other than a lump-sum pay- C1 to C1 ...... 224(139) 158(98) 79(49) ment by the station rebroadcasting, C1 to C ...... 249(155) 188(117) 105(65) are not considered arrangements with C to C ...... 270(168) 209(130) 105(65) a network organization. The term ‘‘arrangement‘‘ means any contract, ar- [54 FR 9802, Mar. 8, 1989, as amended at 54 FR rangement or understanding, express 35340, Aug. 25, 1989; 56 FR 57294, Nov. 8, 1991; or implied. 57 FR 46325, Oct. 8, 1992] [42 FR 16422, Mar. 28, 1977, as amended at 57 § 73.220 Restrictions on use of chan- FR 48333, Oct. 23, 1992] nels. (a) The frequency 89.1 MHz (channel § 73.239 Use of common antenna site. 206) is revised in the New York City No FM broadcast station license or metropolitan area for the use of the renewal of FM broadcast station li- United Nations with the equivalent of cense will be granted to any person an antenna height of 150 meters (492 who owns, leases, or controls a par- feet) above average terrain and effec- ticular site which is peculiarly suitable tive radiated power of 20 kWs, and the for FM broadcasting in a particular FCC will make no assignments which area and (a) which is not available for

125

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.258 47 CFR Ch. I (10–1–99 Edition)

use by other FM broadcast station li- complete repairs of the defective in- censees; and (b) no other comparable strument. site is available in the area; and (c) [41 FR 36818, Sept. 1, 1976, as amended at 48 where the exclusive use of such site by FR 44805, Sept. 30, 1983; 50 FR 32416, Aug. 12, the applicant or licensee would unduly 1985; 63 FR 33876, June 22, 1998] limit the number of FM broadcast stations that can be authorized in a par- § 73.267 Determining operating power. ticular area or would unduly restrict (a) The operating power of each FM competition among FM broadcast sta- station is to be determined by either tions. the direct or indirect method. (b) Direct method. The direct method [28 FR 13623, Dec. 14, 1963] of power determination for an FM station uses the indications of a cali- § 73.258 Indicating instruments. brated transmission line meter (respon- (a) Each FM broadcast station shall sive to relative voltage, current, or be equipped with indicating instru- power) located at the RF output termi- ments which conform with the speci- nals of the transmitter. This meter fications described in § 73.1215 for deter- must be calibrated whenever there is mining power by the indirect method; any indication that the calibration is for indicating the relative amplitude of inaccurate or whenever any component the transmission line radio frequency of the metering circuit is repaired or current, voltage, or power; and with replaced. The calibration must cover, such other instruments as are nec- as a minimum, the range from 90% to essary for the proper adjustment, oper- 105% of authorized power. The meter ation, and maintenance of the trans- calibration may be checked by meas- mitting system. uring the power at the transmitter ter- (b) The function of each instrument minals while either: shall be clearly and permanently (1) Operating the transmitter into shown in the instrument itself or on the transmitting antenna, and deter- the panel immediately adjacent there- mining actual operating power by the to. indirect method described in § 73.267(c); (c) In the event that any one of these or indicating instruments becomes defec- (2) Operating the transmitter into a 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 x Ip x F Audio Services Division, Mass Media Bureau, in Washington, DC, for such Where: additional time as may be required to Ep=DC input voltage of final radio stage.

126

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00126 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.295

Ip=Total DC input current of final radio plying, on its main channel a func- stage. tional music, background music, or F=Efficiency factor. other subscription service (including (1) If the above formula is not appro- storecasting) for reception in the place priate for the design of the transmitter or places of business of any subscriber. final amplifier, use a formula specified (b) The transmission (or interrup- by the transmitter manufacturer with tion) of radio energy in the FM broad- other appropriate operating param- cast band is permissible only pursuant eters. to a station license, program test au- (2) The value of the efficiency factor, thority, construction permit, or experi- F, established for the authorized trans- mental authorization and the provi- mitter output power is to be used for sions of this part of the rules. maintaining the operating power, even [29 FR 7471, June 10, 1964. Redesignated at 39 though there may be some variation in FR 38655, Nov. 1, 1974 and amended at 48 FR F over the power operating range of the 28454, June 22, 1983] transmitter. (3) The value of F is to be determined § 73.293 Use of FM multiplex subcar- and a record kept thereof by one of the riers. following procedures listed in order of Licensees of FM broadcast stations preference: may transmit, without further author- (i) Using the most recent measure- ization, subcarrier communication ment data for calibration of the trans- services in accordance with the provi- mission line meter according to the sions of §§ 73.319 and 73.322. procedures described in paragraph (b) of this section or the most recent [51 FR 17028, May 8, 1986] measurements made by the licensee establishing the value of F. In the case of § 73.295 FM subsidiary communications services. composite transmitters or those in which the final amplifier stages have (a) Subsidiary communication serv- been modified pursuant to FCC ap- ices are those transmitted on a subcar- proval, the licensee must furnish the rier within the FM baseband signal, FCC and also retain with the station but do not include services which en- records the measurement data used as hance the main program broadcast a basis for determining the value of F. service, or exclusively relate to station (ii) Using measurement data shown operations (see § 73.293). Subsidiary on the transmitter manufacturer’s test communications include, but are not data supplied to the licensee; Provided, limited to services such as functional That measurements were made at the music, specialized foreign language authorized frequency and transmitter programs, radio reading services, util- output power. ity load management, market and fi- (iii) Using the transmitter manufac- nancial data and news, paging and call- turer’s measurement data submitted to ing, traffic control signal switching, bi- the FCC for type acceptance and as lingual television audio, and point to shown in the instruction book supplied point or multipoint messages. to the licensee. (b) FM subsidiary communications services that are common carrier in na- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, ture are subject to common carrier reg- 1068, 1082 (47 U.S.C. 154, 155, 303)) ulation. Licensees operating such serv- [44 FR 58731, Oct. 11, 1979, as amended at 45 ices are required to apply to the FCC FR 28141, Apr. 28, 1980; 48 FR 38479, Aug. 24, for the appropriate authorization and 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.

127

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.297 47 CFR Ch. I (10–1–99 Edition)

(c) Subsidiary communications serv- Antenna height above average terrain ices are of a secondary nature under (HAAT). HAAT is calculated by: deter- the authority of the FM station au- mining the average of the antenna thorization, and the authority to pro- heights above the terrain from 3 to 16 vide such communications services kilometers (2 to 10 miles) from the an- may not be retained or transferred in tenna for the eight directions evenly any manner separate from the station’s spaced for each 45° of azimuth starting authorization. The grant or renewal of with True North (a different antenna an FM station permit or license is not height will be determined in each di- furthered or promoted by proposed or rection from the antenna): and com- past services. The permittee or licensee puting the average of these separate must establish that the broadcast oper- heights. In some cases less than eight ation is in the public interest wholly directions may be used. (See § 73.313(d).) apart from the subsidiary communica- Where circular or elliptical polariza- tions services provided. tion is used, the antenna height above (d) The station identification, de- average terrain must be based upon the layed recording and sponsor identifica- height of the radiation of the antenna tion announcements required by that transmits the horizontal compo- §§ 73.1201, 73.1208, and 73.1212 are not ap- nent of radiation. plicable to material transmitted under Antenna power gain. The square of the an SCA. ratio of the root-mean-square (RMS) (e) The licensee or permittee must free space field strength produced at 1 retain control over all material trans- kilometer in the horizontal plane in mitted in a broadcast mode via the sta- millivolts per meter for 1 kW antenna tion’s facilities, with the right to re- input power to 221.4 mV/m. This ratio ject any material that it deems inap- is expressed in decibels (dB). If speci- propriate or undesirable. fied for a particular direction, antenna [48 FR 28454, June 22, 1983, as amended at 48 power gain is based on that field FR 44805, Sept. 30, 1983; 49 FR 33663, Aug. 15, strength in the direction only. 1984; 50 FR 32416, Aug. 12, 1985; 57 FR 48333, Auxiliary facility. An auxiliary facil- Oct. 23, 1992] ity is an antenna separate from the 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 (a) An FM broadcast station may, may broadcast for short periods with- without specific authority from the out prior Commission authorization or FCC, transmit stereophonic (biphonic, notice to the Commission while the quadraphonic, etc.) sound programs main facility is not in operation (e.g., 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 is kept at all times within 2 Hz of the Composite antenna pattern. The com- authorized frequency. posite antenna pattern is a relative 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. field values. The composite antenna

128

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.310

pattern is normalized to a maximum of the absence of waves reflected from the unity (1.000) relative field. earth or other reflecting objects. Composite baseband signal. A signal Frequency departure. The amount of which is composed of all program and variation of a carrier frequency or cen- other communications signals that fre- ter frequency from its assigned value. quency modulates the FM carrier. Frequency deviation. The peak dif- Effective radiated power. The term ‘‘ef- ference between modulated wave and fective radiated power’’ means the the carrier frequency. product of the antenna power (trans- Frequency modulation. A system of mitter output power less transmission modulation where the instantaneous line loss) times: (1) The antenna power radio frequency varies in proportion to gain, or (2) the antenna field gain the instantaneous amplitude of the squared. Where circular or elliptical modulating signal (amplitude of modu- polarization is employed, the term ef- lating signal to be measured after pre- fective radiated power is applied sepa- emphasis, if used) and the instanta- rately to the horizontal and vertical neous radio frequency is independent of components of radiation. For alloca- the frequency of the modulating signal. tion purposes, the effective radiated Frequency swing. The peak difference power authorized is the horizontally between the maximum and the min- polarized component of radiation only. imum values of the instantaneous fre- Equivalent isotropically radiated power quency of the carrier wave during mod- (EIRP). The term ‘‘equivalent ulation. isotropically radiated power (also Multiplex transmission. The term known as ‘‘effective radiated power ‘‘multiplex transmission’’ means the above isotropic) means the product of simultaneous transmission of two or the antenna input power and the an- more signals within a single channel. tenna gain in a given direction relative Multiplex transmission as applied to to an isotropic antenna. FM broadcast stations means the FM Blanketing. Blanketing is that transmission of facsimile or other sig- form of interference to the reception of nals in addition to the regular broad- other broadcast stations which is cast signals. caused by the presence of an FM broadcast 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. For FM broadcast stations, a frequency ferred to as the blanketing contour and ± 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 ster- strength that would exist at a point in eophonic broadcasts.

129

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.311 47 CFR Ch. I (10–1–99 Edition)

Main channel. The band of fre- (b) The field strength contours pro- quencies from 50 to 15,000 Hz which fre- vided for in this section shall be con- quency-modulate the main carrier. sidered for the following purposes only: Pilot subcarrier. A subcarrier that (1) In the estimation of coverage reserves as a control signal for use in the sulting from the selection of a par- reception of FM stereophonic sound ticular transmitter site by an appli- broadcasts. cant for an FM broadcast station. Stereophonic separation. The ratio of (2) In connection with problems of the electrical signal caused in sound coverage arising out of application of channel A to the signal caused in sound § 73.3555. channel B by the transmission of only (3) In determining compliance with a channel B signal. Channels A and B § 73.315(a) concerning the minimum may be any two channels of a stereo- field strength to be provided over the phonic sound broadcast transmission principal community to be served. system. (4) In determining compliance with § 73.215 concerning contour protection. Stereophonic sound. The audio information carried by plurality of channels [28 FR 13623, Dec. 14, 1963, as amended at 31 arranged to afford the listener a sense FR 10126, July 27, 1966; 32 FR 11471, Aug. 9, of the spatial distribution of sound 1967; 52 FR 10570, Apr. 2, 1987; 54 FR 9802, Mar. sources. Stereophonic sound broad- 8, 1989] casting includes, but is not limited to, § 73.312 Topographic data. biphonic (two channel), triphonic (three channel) and quadrophonic (four (a) In the preparation of the profile channel) program services. graphs previously described, and in de- Stereophonic sound subcarrier. A sub- termining the location and height carrier within the FM broadcast above mean sea level of the antenna baseband used for transmitting signals site, the elevation or contour intervals for stereophonic sound reception of the shall be taken from United States Geo- main broadcast program service. logical Survey Topographic Quadrangle Maps, United States Army Corps of En- Stereophonic sound subchannel. The gineers Maps or Tennessee Valley Au- band of frequencies from 23 kHz to 99 thority maps, whichever is the latest, kHz containing sound subcarriers and for all areas for which such maps are their associated sidebands. available. If such maps are not pub- (c) Visual transmissions. Communica- lished for the area in question, the next tions or message transmitted on a sub- best topographic information should be carrier intended for reception and vis- used. Topographic data may sometimes ual presentation on a viewing screen, be obtained from state and municipal teleprinter, facsimile printer, or other agencies. The data from the Sectional form of graphic display or record. Aeronautical Charts (including bench (d) Control and telemetry transmissions. marks) or railroad depot elevations and Signals transmitted on a multiplex highway elevations from road maps subcarrier intended for any form of may be used where no better informa- control and switching functions or for tion is available. In cases where lim- equipment status data and aural or vis- ited topographic data can be obtained, ual alarms. use may be made of an altimeter in a [28 FR 13623, Dec. 14, 1963, as amended at 39 car driven along roads extending gen- FR 10575, Mar. 21, 1974; 44 FR 36038, June 20, erally radially from the transmitter 1979; 48 FR 28454, June 22, 1983; 48 FR 29507, site. June 27, 1983; 48 FR 37216, Aug. 17, 1983; 49 FR (b) The Commission will not ordi- 45145, Nov. 15, 1984; 57 FR 48333, Oct. 23, 1992; narily require the submission of topo- 62 FR 51058, Sept. 30, 1997] graphical maps for areas beyond 24 km (15 miles) from the antenna site, but § 73.311 Field strength contours. the maps must include the principal (a) Applications for FM broadcast au- city or cities to be served. If it appears thorizations must show the field necessary, additional data may be re- strength contours required by FCC quested. Form 301 or FCC Form 340, as appro- (c) The U.S. Geological Survey To- priate. pography Quadrangle Sheets may be

130

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00130 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.313

obtained from the U.S. Geological Sur- respond to the field strength value at vey Department of the Interior, Wash- (60¥17 =) 44 dBu on the chart. When ington, DC 20240. The Sectional Aero- predicting the distance to field nautical Charts are available from the strength contours, use the maximum U.S. Coast and Geodetic Survey, De- ERP of the main radiated lobe in the partment of Commerce, Washington, pertinent azimuthal direction (do not DC 20235. These maps may also be se- account for beam tilt). When pre- cured from branch offices and from au- dicting field strengths over areas not thorized agents or dealers in most prin- in the plane of the maximum main cipal cities. lobe, use the ERP in the direction of (d) In lieu of maps, the average ter- such areas, determined by considering rain elevation may be computer gen- the appropriate vertical radiation pat- erated except in cases of dispute, using tern. elevations from a 30 second, point or (d) The antenna height to be used better topographic data file. The file with this chart is the height of the ra- must be identified and the data proc- diation center of the antenna above the essed for intermediate points along average terrain along the radial in each radial using linear interpolation question. In determining the average techniques. The height above mean sea elevation of the terrain, the elevations level of the antenna site must be ob- between 3 and 16 kilometers from the tained manually using appropriate antenna site are used. topographic maps. (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, from. The radials should be drawn for June 22, 1998] 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. (b) Predictions of coverage shall be community to be served, and one or made only for the same purposes as re- more such radials are drawn in addi- late to the use of field strength con- tion, these radials must not be used in tours as specified in § 73.311. computing the antenna height above (c) In predicting the distance to the average terrain. field strength contours, the F(50,50) (2) Where the 3 to 16 kilometers por- field strength chart, Figure 1 of § 73.333 tion of a radial extends in whole or in must be used. The 50% field strength is part over a large body of water or ex- defined as that value exceeded for 50% tends over foreign territory but the 50 of the time. uV/m (34 dBu) contour encompasses (1) The F(50,50) chart gives the esti- land area within the United States be- mated 50% field strengths exceeded at yond the 16 kilometers portion of the 50% of the locations in dB above 1 uV/ radial, the entire 3 to 16 kilometers m. The chart is based on an effective portion of the radial must be included power radiated from a half-wave dipole in the computation of antenna height antenna in free space, that produces an above average terrain. However, where unattenuated field strength at 1 kilo- the 50 uV/m (34 dBu) contour does not meter of about 107 dB above 1 uV/m so encompass United States land area, (221.4 mV/m). and (i) the entire 3 to 16 kilometers (2) To use the chart for other ERP portion of the radial extends over large values, convert the ordinate scale by bodies of water or over foreign terri- the appropriate adjustment in dB. For tory, such radial must be completely example, the ordinate scale for an ERP omitted from the computation of an- of 50 kW should be adjusted by 17 dB [10 tenna height above average terrain, log (50 kW) = 17 dBk], and therefore a and (ii) where a part of the 3 to 16 kilo- field strength of 60 dBu would cor- meters portion of a radial extends over

131

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00131 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.313 47 CFR Ch. I (10–1–99 Edition)

large bodies of water or foreign terri- Meters tory, only that part of the radial ex- 135° ...... 90 tending from 3 kilometers to the outer- 180° ...... ¥10 most portion of land in the United 225° ...... ¥85 States covered by the radial used must 270° ...... 40 ° be used in the computation of antenna 315 ...... 85 height above average terrain. The antenna height above terrain (3) The profile graph for each radial (defined in § 73.310(a)) is computed as should be plotted by contour intervals follows: of from 12 to 30 meters and, where the data permits, at least 50 points of ele- (120+255+185+90¥10¥85+40+85)/8=85 meters. vation (generally uniformly spaced) (ii) Same as paragraph (d)(4)(i) of this should be used for each radial. In in- section, except the 0° radial is entirely stances of very rugged terrain where over sea water. The antenna height 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 distances. On the other hand, where the (255+185+90¥10¥85+40+85)/7=80 meters. terrain is uniform or gently sloping the (iii) Same as paragraph (d)(4)(i) of smallest contour interval indicated on this section, except that only the first the topographic map should be used, al- 10 kilometers of the 90° radial are in though only relatively few points may the United States; beyond 10 kilo- be available. The profile graph should meters the 90° radial is in a foreign indicate the topography accurately for country. The height above average ter- each radial, and the graphs should be rain of the 3 to 10 kilometer portion of plotted with the distance in kilometers the 90° radial is 105 meters. The an- as the abscissa and the elevation in tenna height above average terrain is meters above mean sea level as the or- computed as follows (note that the di- dinate. The profile graphs should indi- visor is 8 not 7.5): cate the source of the topographical data used. The graph should also show (120+255+105+90¥10¥85+40+85)/8=75 meters. the elevation of the center of the radi- (e) In cases where the terrain in one ating system. The graph may be plot- or more directions from the antenna ted either on rectangular coordinate site departs widely from the average paper or on special paper that shows elevation of the 3 to 16 kilometer sec- the curvature of the earth. It is not tor, the prediction method may indi- necessary to take the curvature of the cate contour distances that are dif- earth into consideration in this proce- ferent from what may be expected in dure as this factor is taken care of in practice. For example, a mountain the charts showing signal strengths. ridge may indicate the practical limit The average elevation of the 13 kilo- of service although the prediction meter distance between 3 and 16 kilo- method may indicate otherwise. In meters from the antenna site should such cases, the prediction method then be determined from the profile should be followed, but a supplemental graph for each radial. This may be ob- showing may be made concerning the tained by averaging a large number of contour distances as determined by equally spaced points, by using a pla- other means. Such supplemental nimeter, or by obtaining the median showings should describe the procedure elevation (that exceeded for 50% of the used and should include sample cal- distance) in sectors and averaging culations. Maps of predicted coverage those values. should include both the coverage as (4) Examples of HAAT calculations: predicted by the regular method and as (i) The heights above average terrain predicted by a supplemental method. on the eight radials are as follows: When measurements of area are re- Meters quired, these should include the area obtained by the regular prediction 0° ...... 120 45° ...... 255 method and the area obtained by the 90° ...... 185 supplemental method. In directions

132

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00132 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.314

where the terrain is such that antenna States. Where the roughness factor for heights less than 30 meters for the 3 to a particular propagation path is found 16 kilometer sector are obtained, an as- to depart appreciably from this value, sumed height of 30 meters must be used a terrain roughness correction (∆F) for the prediction of coverage. How- should be applied to field strength val- ever, where the actual contour dis- ues along this path, as predicted with tances are critical factors, a supple- the use of these charts. The magnitude mental showing of expected coverage and sign of this correction, for any must be included together with a de- value of ∆h, may be determined from a scription of the method used in pre- chart included in § 73.333 as Figure 5. dicting such coverage. In special cases, (j) Alternatively, the terrain rough- the FCC may require additional infor- ness correction may be computed using mation as to terrain and coverage. the following formula: (f) The effect of terrain roughness on ∆F=1.9¥0.03(∆h)(1+f/300) the predicted field strength of a signal Where: at points distant from an FM transmit- ∆F=terrain roughness correction in dB ting antenna is assumed to depend on ∆k=terrain roughness factor in meters the magnitude of a terrain roughness f=frequency of signal in MHz (MHz) factor (h) which, for a specific propagation path, is determined by the charac- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, teristics of a segment of the terrain 1068, 1082 (47 U.S.C. 154, 155, 303)) profile for that path 40 kilometers in [28 FR 13623, Dec. 14, 1963, as amended at 40 length located between 10 and 50 kilo- FR 27678, July 1, 1975; 48 FR 29507, June 27, meters from the antenna. The terrain 1983; 52 FR 11655, Apr. 10, 1987; 52 FR 37789, roughness factor has a value equal to Oct. 9, 1987; 57 FR 48333, Oct. 23, 1992; 63 FR the distance, in meters, between ele- 33877, June 22, 1998] vations exceeded by all points on the EFFECTIVE DATE NOTE: At 42 FR 25736, May profile for 10% and 90% respectively, of 19, 1977, the effective date of § 73.313 para- the length of the profile segment. (See graphs (i) and (j) was stayed indefinitely. § 73.333, Figure 4.) (g) If the lowest field strength value § 73.314 Field strength measurements. of interest is initially predicted to (a) Except as provided for in § 73.209, occur over a particular propagation FM broadcast stations shall not be pro- path at a distance that is less than 50 tected from any type of interference or kilometers from the antenna, the ter- propagation effect. Persons desiring to rain profile segment used in the deter- 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.

133

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00133 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.314 47 CFR Ch. I (10–1–99 Edition)

(b) Collection of field strength data ously recorded on a chart recorder over for propagation analysis. the length of the run. (1) Preparation for measurements. (i) (vi) The actual measuring location is On large scale topographic maps, eight marked exactly on the topographic or more radials are drawn from the map, and a written record, keyed to transmitter location to the maximum the specific location, is made of all fac- distance at which measurements are to tors which may affect the recorded be made, with the angles included be- field, such as topography, height and tween adjacent radials of approxi- types of vegetation, buildings, obsta- mately equal size. Radials should be cles, weather, and other local features. 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 mobile run of at least 30 meters, a which measurements are to be made, ‘‘cluster’’ of five spot measurements and are referred to subsequently as may be made in lieu of this run. The measuring locations. The elevation of first measurement in the cluster is each measuring location should ap- identified. Generally, the locations for proach the elevation at the cor- other measurements must be within 60 responding 3 kilometer marker as near- meters of the location of the first. ly as possible. (3) Method of reporting measurements. (2) All meas- Measurement procedure. A report of measurements to the Com- urements must be made utilizing a re- mission shall be submitted in affidavit ceiving antenna designed for reception form, in triplicate, and should contain of the horizontally polarized signal the following information: component, elevated 9 meters above (i) Tables of field strength measure- the roadbed. At each measuring loca- ments, which, for each measuring location, the following procedure must be tion, set forth the following data: used: (A) Distance from the transmitting (i) The instrument calibration is antenna. checked. (B) Ground elevation at measuring (ii) The antenna is elevated to a location. height of 9 meters. (C) Date, time of day, and weather. (iii) The receiving antenna is rotated (D) Median field in dBu for 0 dBk, for to determine if the strongest signal is mobile run or for cluster, as well as arriving from the direction of the maximum and minimum measured transmitter. field strengths. (iv) The antenna is oriented so that (E) Notes describing each measuring the sector of its response pattern over location. which maximum gain is realized is in (ii) U.S. Geological Survey topo- the direction of the transmitter. graphic maps, on which is shown the (v) A mobile run of at least 30 meters exact location at which each measure- is made, that is centered on the inter- ment was made. The original plots section of the radial and the road, and shall be made on maps of the largest the measured field strength is continu- available scale. Copies may be reduced

134

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00134 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.314

in size for convenient submission to the community shall be at least equal the Commission, but not to the extent to the required number of measuring that important detail is lost. The origi- locations. The position of each internal maps shall be made available, if re- section on the community map deter- quested. If a large number of maps is mines the location at which a measure- involved, an index map should be sub- ment shall be made. mitted. (2) Measurement procedure. All meas- (iii) All information necessary to de- urements must be made using a receiv- termine the pertinent characteristics ing antenna designed for reception of 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, meas- (iv) Each actual measuring location uring antenna, and connecting cable. is marked exactly on the map of the (vi) Terrain profiles in each direction community, and suitably keyed. A in which measurements were made, written record shall be maintained, de- drawn on curved earth paper for equiv- scribing, for each location, factors alent 4/3 earth radius, of the largest which may affect the recorded field, available scale. such as the approximate time of meas- (c) Collection of field strength data urement, weather, topography, over- to determine FM broadcast service in head wiring, heights and types of vege- specific communities. tation, buildings and other structures. (1) Preparation for measurement. (i) The orientation, with respect to the The population (P) of the community, measuring location shall be indicated and its suburbs, if any, is determined of objects of such shape and size as to by reference to an appropriate source, be capable of causing shadows or re- e.g., the 1970 U.S. Census tables of pop- flections. If the strongest signal re- ulation of cities and urbanized areas. ceived was found to arrive from a di- (ii) The number of locations at which rection other than that of the trans- measurements are to be made shall be mitter, this fact shall be recorded. at least 15, and shall be approximately (3) Method of reporting measurements. equal to 0.1(P)1/2, if this product is a A report of measurements to the Com- number greater than 15. mission shall be submitted in affidavit (iii) A rectangular grid, of such size form, in triplicate, and should contain and shape as to encompass the bound- the following information: aries of the community is drawn on an (i) A map of the community showing accurate map of the community. The each actual measuring location, spe- number of line intersections on the cifically identifying the points at grid included within the boundaries of which mobile runs were made.

135

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00135 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.315 47 CFR Ch. I (10–1–99 Edition)

(ii) A table keyed to the above map, In general, the transmitting antenna of showing the field strength at each a station should be located in the most measuring point, reduced to dBu for sparsely populated area available at the actual effective radiated power of the highest elevation available. The lo- the station. Weather, date, and time of cation of the antenna should be so cho- each measurement shall be indicated. sen that line-of-sight can be obtained (iii) Notes describing each measuring from the antenna over the principle location. city or cities to be served; in no event (iv) A topographic map of the largest should there be a major obstruction in available scale on which are marked this path. the community and the transmitter site of the station whose signals have (c) The transmitting location should been measured, which includes all be selected so that the 1 mV/m contour areas on or near the direct path of sig- encompasses the urban population nal propagation. within the area to be served. It is rec- (v) Computations of the mean and ognized that topography, shape of the standard deviation of all measured desired service area, and population field strengths, or a graph on which the distribution may make the choice of a distribution of measured field strength transmitter location difficult. In such values is plotted. cases consideration may be given to (vi) A list of calibrated equipment the use of a directional antenna sys- used for the measurements, which for tem, although it is generally preferable each instrument, specifies its manufac- to choose a site where a nondirectional turer, type, serial number and rated ac- antenna may be employed. curacy, and the date of its most recent (d) In cases of questionable antenna calibration by the manufacturer, or by locations it is desirable to conduct a laboratory. Complete details of any propagation tests to indicate the field instrument not of standard manufacture shall be submitted. strength expected in the principal city (vii) A detailed description of the or cities to be served and in other procedure employed in the calibration areas, particularly where severe shad- of the measuring equipment, including ow problems may be expected. In con- field strength meters, measuring an- sidering applications proposing the use tenna, and connecting cable. of such locations, the Commission may require site tests to be made. Such [40 FR 27682, July 1, 1975; 40 FR 28802, July 9, 1975, as amended at 48 FR 29508, June 27, 1983] tests should include measurements made in accordance with the measure- § 73.315 FM transmitter location. ment procedures described in § 73.314, (a) The transmitter location shall be and full data thereon shall be supplied chosen so that, on the basis of the ef- to the Commission. The test trans- fective radiated power and antenna mitter should employ an antenna hav- height above average terrain employed, ing a height as close as possible to the a minimum field strength of 70 dB proposed antenna height, using a bal- above one uV/m (dBu), or 3.16 mV/m, loon or other support if necessary and will be provided over the entire prin- feasible. Information concerning the cipal community to be served. authorization of site tests may be ob- NOTE: The requirements of paragraph (a) of tained from the Commission upon re- this section do not apply to noncommercial quest. educational FM broadcast stations operating (e) Cognizance must of course be on reserved channels. (Channels 200 through taken regarding the possible hazard of 220) the proposed antenna structure to (b) The transmitter location should aviation and the proximity of the pro- be chosen to maximize coverage to the posed site to airports and airways. Pro- city of license while minimizing inter- cedures and standards with respect to ference. This is normally accomplished the Commission’s consideration of pro- by locating in the least populated area posed antenna structures which will available while maintaining the provi- serve as a guide to persons intending to sions of paragraph (a) of this section.

136

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00136 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.316

apply for radio station licenses are con- all maximas and minimas, with their tained in Part 17 of this chapter (Con- corresponding azimuths, must be sub- struction, Marking, and Lighting of mitted. Antenna Structures). (2) Applications for license upon com- [28 FR 13623, Dec. 14, 1963, as amended at 41 pletion of antenna construction must FR 22943, June 8, 1976; 49 FR 38131, Sept. 27, include the following: 1984; 49 FR 45146, Nov. 15, 1984; 51 FR 9965, (i) A complete description of the an- Mar. 24, 1986; 52 FR 10570, Apr. 2, 1987] tenna system, including the manufacturer and model number of the direc- § 73.316 FM antenna systems. tional antenna. It is not sufficient to (a) It shall be standard to employ label the antenna with only a generic horizontal polarization; however, cir- term such as ‘‘dipole.’’ In the case of cular or elliptical polarization may be individually designed antennas with no employed if desired. Clockwise or coun- model number, or in the case of a com- terclockwise rotation may be used. The posite antenna composed of two or 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 x 25 cm (7 inches x nas. (1) Applications for construction 10 inches)) using only scale divisions permit proposing the use of directional and subdivisions of 1, 2, 2.5, or 5 times antenna systems must include a tab- 10-nth. Values of field strength less ulation of the composite antenna pat- than 10% of the maximum field tern for the proposed directional an- strength plotted on that pattern must tenna. A value of 1.0 must be used to be shown on an enlarged scale. In the correspond to the direction of max- case of a composite antenna composed imum radiation. The pattern must be of two or more individual antennas, the tabulated such that 0° corresponds to composite antenna pattern should be the direction of maximum radiation or provided, and not the pattern for each alternatively, in the case of an asym- of 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

137

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00137 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.317 47 CFR Ch. I (10–1–99 Edition)

horizontal plane and sufficient addi- [(relative field value 1)2 + (relative field tional information must be included on value 2)2 +....+ (last relative field that portion of the pattern lying be- value)2] tween +10 deg. and the zenith and ¥10 total number of relative field values deg. and the nadir, to conclusively (B) where the relative field values are demonstrate the absence of undesirable taken from at least 36 evenly spaced lobes in these areas. The vertical plane radials for the entire 360 degrees of azi- pattern must be plotted on rectangular muth. The application for license must coordinate paper with reference to the also demonstrate that coverage of the horizontal plane. In the case of a com- community of license by the 70 dBu posite antenna composed of two or contour is maintained for stations au- more individual antennas, the com- thorized pursuant to § 73.215 on Chan- posite antenna pattern should be used, nels 221 through 300, as required by and not the pattern for each of the in- § 73.315(a), while noncommercial edu- dividual antennas. cational stations operating on Chan- (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 an AM antenna tower, or locate (vi) A statement that no other an- within 3.2 km of an AM antenna tower, tenna of any type is mounted on the the FM licensee or permittee must same tower level as a directional an- comply with § 73.1692. tenna, and that no antenna of any type is mounted within any horizontal or [28 FR 13623, Dec. 14, 1963, as amended at 34 vertical distance specified by the an- FR 14222, Sept. 10, 1969; 37 FR 25841, Dec. 5, 1972; 43 FR 53738, Nov. 17, 1978; 48 FR 29508, tenna manufacturer as being necessary June 27, 1983; 51 FR 17028, May 8, 1986; 54 FR for proper directional operation. 9804, Mar. 8, 1989; 56 FR 57294, Nov. 8, 1991; 62 (vii) A statement from an engineer FR 51058, Sept. 30, 1997; 63 FR 70047, Dec. 18, listing such individual engineer’s 1998] qualifications and certifying that the antenna has been installed pursuant to § 73.317 FM transmission system re- the manufacturer’s instructions. quirements. (viii) A statement from a licensed (a) FM broadcast stations employing surveyor that the installed antenna is transmitters authorized after January properly oriented. 1, 1960, must maintain the bandwidth (ix)(A) For a station authorized pur- occupied by their emissions in accord- suant to § 73.215 or Sec. § 73.509, a show- ance with the specification detailed ing that the root mean square (RMS) of below. FM broadcast stations employ- the measured composite antenna pating transmitters installed or type ac- tern (encompassing both the hori- cepted before January 1, 1960, must zontally and vertically polarized radi- achieve the highest degree of compli- ation components (in relative field)) is ance with these specifications prac- at least 85 percent of the RMS of the ticable with their existing equipment. authorized composite directional an- In either case, should harmful inter- tenna pattern (in relative field). The ference to other authorized stations RMS value, for a composite antenna occur, the licensee shall correct the pattern specified in relative field val- problem promptly or cease operation. ues, may be determined from the fol- (b) Any emission appearing on a fre- lowing formula: quency removed from the carrier by be- RMS=the square root of: tween 120 kHz and 240 kHz inclusive

138

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00138 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.319

must be attenuated at least 25 dB gins with the commencement of pro- below the level of the unmodulated gram tests, or commencement of pro- carrier. Compliance with this require- gramming utilizing the new antenna. ment will be deemed to show the occu- Resolution of complaints shall be at no pied bandwidth to be 240 kHz or less. cost to the complainant. These require- (c) Any emission appearing on a fre- ments specifically do not include inter- quency removed from the carrier by ference complaints resulting from mal- more than 240 kHz and up to and in- functioning or mistuned receivers, im- cluding 600 kHz must be attenuated at properly installed antenna systems, or least 35 dB below the level of the the use of high gain antennas or an- unmodulated carrier. tenna booster amplifiers. Mobile re- (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 blanketing complaints within the blan- [51 FR 17028, May 8, 1986] keting area unless an offending station § 73.318 FM blanketing interference. can be readily determined and then that station shall assume full financial Areas adjacent to the transmitting responsibility. antenna that receive a signal with a (d) Following the one year period of strength of 115 dBu (562 mV/m) or full financial obligation to satisfy greater will be assumed to be blanketing complaints, licensees shall blanketed. In determining the provide technical information or as- blanketed area, the 115 dBu contour is sistance to complainants on remedies determined by calculating the inverse for blanketing interference. distance field using the effective radiated power of the maximum radiated [28 FR 13623, Dec. 14, 1963, as amended at 52 lobe of the antenna without consid- FR 25866, July 9, 1987] ering its vertical radiation pattern or § 73.319 FM multiplex subcarrier tech- height. For directional antennas, the nical standards. effective radiated power in the pertinent bearing shall be used. (a) The technical specifications in (a) The distance to the 115 dBu con- this Section apply to all transmissions tour is determined using the following of FM multiplex subcarriers except equation: those used for stereophonic sound broadcasts under the provisions of D (in kilometers)=0.394√ P § 73.322. D (in miles)=0.245√ P (b) Modulation. Any form of modula- Where P is the maximum effective ration may be used for subcarrier oper- diated power (ERP), measured in kilo- ation. watts, of the maximum radiated lobe. (c) Subcarrier baseband. (1) During (b) After January 1, 1985, permittees monophonic program transmissions, or licensees who either (1) commence multiplex subcarriers and their signifi- program tests, or (2) replace their an- cant sidebands must be within the tennas, or (3) request facilities modi- range of 20 kHz to 99 kHz. fications and are issued a new con- (2) During stereophonic sound pro- struction permit must satisfy all com- gram transmissions (see § 73.322), multi- plaints of blanketing interference plex subcarriers and their significant which are received by the station dur- sidebands must be within the range of ing a one year period. The period be- 53 kHz to 99 kHz.

139

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00139 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.322 47 CFR Ch. I (10–1–99 Edition)

(3) During periods when broadcast The licensee may be required to verify programs are not being transmitted, the corrective measures with sup- multiplex subcarriers and their signifi- porting data. Such data must be re- cant sidebands must be within the tained at the station and be made range of 20 kHz to 99 kHz. available to the FCC upon request. (d) Subcarrier injection. (1) During monophonic program [48 FR 28455, June 22, 1983, as amended at 48 transmissions, modulation of the car- FR 37216, Aug. 17, 1983; 49 FR 15080, Apr. 17, 1984; 49 FR 38131, Sept. 27, 1984; 50 FR 1534, rier by the arithmetic sum of all sub- Jan. 11, 1985; 51 FR 17029, May 8, 1986; 57 FR carriers may not exceed 30% referenced 48333, Oct. 23, 1992] to 75 kHz modulation deviation. How- ever, the modulation of the carrier by § 73.322 FM stereophonic sound trans- the arithmetic sum of all subcarriers mission standards. above 75 kHz may not modulate the (a) An FM broadcast station shall not carrier by more than 10%. use 19 kHz ±20 Hz, except as the stereo- (2) During stereophonic program phonic pilot frequency in a trans- transmissions, modulation of the carrier by the arithmetic sum of all submission system meeting the following carriers may not exceed 20% referenced parameters: to 75 kHz modulation deviation. How- (1) The modulating signal for the ever, the modulation of the carrier by main channel consists of the sum of the arithmetic sum of all subcarriers the right and left signals. above 75 kHz may not modulate the (2) The pilot subcarrier at 19 kHz ±2 carrier by more than 10%. Hz, must frequency modulate the main (3) During periods when no broadcast carrier between the limits of 8 and 10 program service is transmitted, modu- percent. lation of the carrier by the arithmetic (3) One stereophonic subcarrier must sum of all subcarriers may not exceed be the second harmonic of the pilot 30% referenced to 75 kHz modulation subcarrier (i.e. 38 kHz) and must cross deviation. However, the modulation of the time axis with a positive slope si- the carrier by the arithmetic sum of all multaneously with each crossing of the subcarriers above 75 kHz may not mod- time axis by the pilot subcarrier. Addi- ulate the carrier by more than 10%. tional stereophomic subcarriers are not (4) Total modulation of the carrier precluded. wave during transmission of multiplex (4) Double sideband, suppressed-car- subcarriers used for subsidiary commu- rier, amplitude modulation of the nications services must comply with stereophonic subcarrier at 38 kHz must the provisions § 73.1570(b). be used. (e) Subcarrier generators may be in- (5) The stereophonic subcarrier at 38 stalled and used with a type accepted kHz must be suppressed to a level less FM broadcast transmitter without spe- than 1% modulation of the main car- cific authorization from the FCC pro- rier. vided the generator can be connected (6) The modulating signal for the re- to the transmitter without requiring quired stereophonic subcarrier must be any mechanical or electrical modifications in the transmitter FM exciter equal to the difference of the left and circuits. right signals. (f) Stations installing multiplex sub- (7) The following modulation levels carrier transmitting equipment must apply: ensure the proper suppression of spu- (i) When a signal exists in only one rious or harmonic radiations. See channel of a two channel (biphonic) §§ 73.317, 73.1590 and 73.1690. If the sub- sound transmission, modulation of the carrier operation causes the station’s carrier by audio components within the transmissions not to comply with the baseband range of 50 Hz to 15 kHz shall technical provisions for FM broadcast not exceed 45% and modulation of the stations or causes harmful interference carrier by the sum of the amplitude to other communication services, the modulated subcarrier in the baseband licensee or permittee must correct the range of 23 kHz to 53 kHz shall not ex- problem promptly or cease operation. ceed 45%.

140

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00140 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.333

(ii) When a signal exists in only one modulation limits specified in channel of a stereophonic sound trans- § 73.1570(b)(2). Stations not using the mission having more than one stereo- method described in (a), must limit the phonic subcarrier in the baseband, the modulation of the carrier by audio modulation of the carrier by audio components within the audio baseband components within the audio baseband range of 23 kHz to 99 kHz to not exceed range of 23 kHz to 99 kHz shall not ex- 53%. ceed 53% with total modulation not to exceed 90%. [51 FR 17029, May 8, 1986] (b) Stations not transmitting stereo § 73.333 Engineering charts. with the method described in (a), must limit the main carrier deviation caused This section consists of the following by any modulating signals occupying Figures 1, 1a, 2, and slider 4 and 5. ± the band 19 kHz 20 Hz to 125 Hz. NOTE: The figures reproduced herein, due (c) All stations, regardless of the to their small scale, are not to be used in stereophonic transmission system connection with material submitted to the used, must not exceed the maximum F.C.C.

141

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00141 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.333 47 CFR Ch. I (10–1–99 Edition)

142

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00142 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.333

143

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00143 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.333 47 CFR Ch. I (10–1–99 Edition)

144

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00144 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.333

145

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00145 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.333 47 CFR Ch. I (10–1–99 Edition)

146

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00146 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.333

(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, the effective date of Figures 4 and 5 was stayed indefinitely.

147

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00147 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.501 47 CFR Ch. I (10–1–99 Edition)

Subpart C—Noncommercial tion meets the requirements of any Educational FM Broadcast Stations state-wide plan for noncommercial educational FM broadcast stations § 73.501 Channels available for assign- filed with the Commission, provided ment. that such plans afford fair treatment (a) The following frequencies, except to public and private educational insti- as provided in paragraph (b) of this sec- tutions, urban and rural, at the pri- tion, are available for noncommercial mary, secondary, higher, and adult educational FM broadcasting: educational levels, and appear otherwise fair and equitable. Channel Frequency (MHz) No. [28 FR 13651, Dec. 14, 1963] 87.9 ...... 1 200 § 73.503 Licensing requirements and 88.1 ...... 201 service. 88.3 ...... 202 88.5 ...... 203 The operation of, and the service fur- 88.7 ...... 204 nished by noncommercial educational 88.9 ...... 205 89.1 ...... 2 206 FM broadcast stations shall be gov- 89.3 ...... 207 erned by the following: 89.5 ...... 208 (a) A noncommercial educational FM 89.7 ...... 209 89.9 ...... 210 broadcast station will be licensed only 90.1 ...... 211 to a nonprofit educational organization 90.3 ...... 212 and upon showing that the station will 90.5 ...... 213 be used for the advancement of an edu- 90.7 ...... 214 90.9 ...... 215 cational program. 91.1 ...... 216 (1) In determining the eligibility of 91.3 ...... 217 publicly supported educational organi- 91.5 ...... 218 91.7 ...... 219 zations, the accreditation of their re- 91.9 ...... 220 spective state departments of edu- 1 The frequency 87.9 MHz, Channel 200, is available only cation shall be taken into consider- for use of existing Class D stations required to change fre- ation. quency. It is available only on a noninterference basis with respect to TV Channel 6 stations and adjacent channel non- (2) In determining the eligibility of commercial educational FM stations. It is not available at all privately controlled educational orga- within 402 kilometers (250 miles) of Canada and 320 kilometers (199 miles) of Mexico. The specific standards gov- nizations, the accreditation of state de- erning its use are contained in § 73.512. partments of education and/or recog- 2 The frequency 89.1 MHz, Channel 206, in the New York City metropolitan area, is reserved for the use of the United nized regional and national educational Nations with the equivalent of an antenna height of 150 me- accrediting organizations shall be ters (492 feet) above average terrain and effective radiated power of 20 kW and the Commission will make no assign- taken into consideration. ments which would cause objectionable interference with such (b) Each station may transmit pro- use. grams directed to specific schools in a (b) In Alaska, FM broadcast stations system or systems for use in connec- operating on Channels 200–220 (87.9–91.9 tion with the regular courses as well as MHz) shall not cause harmful inter- routine and administrative material ference to and must accept inter- pertaining thereto and may transmit ference from non-Government fixed op- educational, cultural, and entertain- erations authorized prior to January 1, ment programs to the public. 1982. (c) A noncommercial educational FM broadcast station may broadcast pro- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, grams produced by, or at the expense 1068, 1082 (47 U.S.C. 154, 155, 303)) of, or furnished by persons other than [43 FR 39715, Sept. 6, 1978, as amended at 47 the licensee, if no other consideration FR 30068, July 12, 1982; 52 FR 43765, Nov. 16, than the furnishing of the program and 1987; 58 FR 44950, Aug. 25, 1993] the costs incidental to its production and broadcast are received by the li- § 73.502 State-wide plans. censee. The payment of line charges by In considering the assignment of a another station network, or someone channel for a noncommercial edu- other than the licensee of a non- cational FM broadcast station, the commercial educational FM broadcast Commission will take into consider- station, or general contributions to the ation the extent to which each applica- operating costs of a station, shall not

148

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.506

be considered as being prohibited by noncommercial educational stations this paragraph. may apply to change frequency within (d) Each station shall furnish a non- the educational portion of the FM band profit and noncommercial broadcast in accordance with the requirements service. Noncommercial educational set forth in § 73.512. FM broadcast stations are subject to (c) Section 73.208 of this chapter shall the provisions of § 73.1212 to the extent be complied with as to the determina- they are applicable to the broadcast of tion of reference points and distance programs produced by, or at the ex- computations used in applications for pense of, or furnished by others. No new or changed facilities. However, if promotional announcement on behalf of it is necessary to consider a Mexican for profit entities shall be broadcast at channel assignment or authorization, any time in exchange for the receipt, in the computation of distance will be de- whole or in part, of consideration to termined as follows: if a transmitter the licensee, its principals, or employ- site has been established, on the basis ees. However, acknowledgements of of the coordinates of the site; if a contributions can be made. The sched- transmitter site has not been estab- uling of any announcements and ac- lished, on the basis of the reference co- knowledgements may not interrupt reg- ordinates of the community, town, or ular programming. city. NOTE TO § 73.503: Commission interpreta- [52 FR 43765, Nov. 16, 1987] tion on this rule, including the acceptable form of acknowledgements, may be found in § 73.505 Zones. the Second Report and Order in Docket No. 21136 (Commission Policy Concerning the For the purpose of assignment of Noncommercial Nature of Educational noncommercial educational FM sta- Broadcast Stations), 86 FCC 2d 141 (1981); the tions, the United States is divided into Memorandum Opinion and Order in Docket three zones, Zone I, Zone I–A, and Zone No. 21136, 90 FCC 2d 895 (1982), and the Memo- II, having the boundaries specified in randum Opinion and Order in Docket 21136, 97 § 73.205. FCC 2d 255 (1984). See also, ‘‘Commission Pol- icy Concerning the Noncommercial Nature [42 FR 36828, July 18, 1977] of Educational Broadcast Stations,’’ Public Notice, 7 FCC Rcd 827 (1992), which can be re- § 73.506 Classes of noncommercial edu- trieved through the Internet at http:// cational FM stations and channels. www.fcc.gov/mmb/asd/nature.html. (a) Noncommercial educational sta- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, tions operating on the channels speci- 1068, 1082 (47 U.S.C. 154, 155, 303)) fied in § 73.501 are divided into the fol- [28 FR 13651, Dec. 14, 1963, as amended at 35 lowing classes: FR 7558, May 15, 1970; 47 FR 36178, Aug. 19, (1) A Class D educational station is 1982; 49 FR 29069, July 18, 1984; 63 FR 33877, one operating with no more than 10 June 22, 1998] 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 miles (320 km) of the United States- in which the station’s transmitter is Mexican border shall propose at least located, on the same basis as set forth Class A minimum facilities (see in §§ 73.210 and 73.211 for commercial § 73.211(a)). However, existing Class D stations.

149

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.507 47 CFR Ch. I (10–1–99 Edition)

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

150

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00150 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.511

of the operation which control the ex- 1a of § 73.333 [F(50,10) curves]. In the ternal effects, must be at all times ca- event that the distance to the contour pable of providing satisfactory broad- is below 16 kilometers (approximately cast service. Studio equipment prop- 10 miles), and therefore not covered by erly covered by an underwriter’s cer- Figure 1a, curves in Figure 1 must be tificate will be considered as satisfying used. safety requirements. (3) The effective radiated power (ERP) that is the maximum ERP for (Secs. 4, 5, 303, 48 Stat., as amended, 1066, any elevation plane on any bearing will 1068, 1082 (47 U.S.C. 154, 155, 303)) be used. [28 FR 13651, Dec. 14, 1963. Redesignated at 42 (d) An application for a change (other FR 36828, July 18, 1977, and amended at 43 FR than a change in channel) in the facili- 53738, Nov. 17, 1978; 45 FR 28141, Apr. 28, 1980] ties of a NCE–FM broadcast station will be accepted even though overlap of § 73.509 Prohibited overlap. signal strength contours, as specified (a) An application for a new or modi- in paragraphs (a) and (b) of this sec- fied NCE–FM station other than a tion, would occur with another station Class D (secondary) station will not be in an area where such overlap does not accepted if the proposed operation already exists, if: would involve overlap of signal (1) The total area of overlap with strength contours with any other sta- that station would not be increased; tion licensed by the Commission and (2) The area of overlap with any operating in the reserved band (Chan- other station would not increase; nels 200–220, inclusive) as set forth (3) The area of overlap does not move below: significantly closer to the station receiving the overlap; and, Frequency Contour of proposed Contour of other sta- separation station tion (4) No area of overlap would be created with any station with which the Co-channel .... 0.1mV/m (40 dBu) ... 1 mV/m (60 dBu). overlap does not now exist. 1 mV/m (60 dBu) ..... 0.1 mV/m (40 dBu). 200 kHz ...... 0.5 mV/m (54 dBu) .. 1 mV/m (60 dBu). (e) The provisions of this section con- 1 mV/m (60 dBu) ..... 0.5 mV/m (54 dBu). cerning prohibited overlap will not 400 kHz ...... 10 mV/m (80 dBu) ... 1 mV/m (60 dBu). apply where the area of such overlap 1 mV/m (60 dBu) ..... 10 mV/m (80 dBu). lies entirely over water. 600 kHz ...... 100 mV/m (100 dBu) 1 mV/m (60 dBu). 1 mV/m (60 dBu) ..... 100 mV/m (100 [50 FR 27962, July 9, 1985, as amended at 52 dBu). FR 43765, Nov. 16, 1987]

(b) An application by a Class D (sec- § 73.510 Antenna systems. ondary) station, other than an application to change class, will not be accept- (a) All noncommercial educational ed if the proposed operation would in- stations operating with more than 10 volve overlap of signal strength con- watts transmitter output power shall tours with any other station as set be subject to the provisions of § 73.316 forth below: concerning antenna systems contained in subpart B of this part. Frequency Contour of proposed Contour of any other (b) Directional antenna. No applica- separation station station tion for a construction permit of a new Co-channel .... 0.1 mV/m (40 dBu) .. 1 mV/m (60 dBu). station, or change in channel, or 200 kHz ...... 0.5 mV/m (54 dBu) .. 1 mV/m (60 dBu). change in an existing facility on the 400 kHz ...... 10 mV/m (80 dBu) ... 1 mV/m (60 dBu). same channel will be accepted for filing 600 kHz ...... 100 mV/m (100 dBu) 1 mV/m (60 dBu). if a directional antenna with a max- (c) The following standards must be imum-to-minimum ratio of more than used to compute the distances to the 15 dB is proposed. pertinent contours: [42 FR 36829, July 18, 1977] (1) The distance of the 60 dBu (1 mV/ m) contours are to be computed using § 73.511 Power and antenna height re- Figure 1 of § 73.333 [F(50,50) curves] of quirements. this part. (a) No new noncommercial edu- (2) The distance to the other con- cational station will be authorized tours are to be computed using Figure with less power than minimum power

151

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.512 47 CFR Ch. I (10–1–99 Edition)

requirements for commercial Class A (3) If a channel is not available under facilities. (See § 73.211.) either paragraph (a) (1) or (2) of this (b) No new noncommercial edu- section, the renewal applicant shall cational FM station will be authorized study all 20 noncommercial edu- with facilities greater than Class B in cational FM channels and shall propose Zones I and I–A or Class C in Zone II, operation on the channel which would as defined in § 73.211. cause the least preclusion to the estab- (c) Stations licensed before December lishment of new stations or increases 31, 1984, and operating above 50 kW in in power by existing stations. Full in- Zones I and I–A, and above 100 kW and formation regarding the basis for the in Zone II may continue to operate as selection should be provided. authorized. (b) At any time before the require- [50 FR 27963, July 9, 1985, as amended at 50 ments of paragraph (a) become effec- FR 31379, Aug. 2, 1985; 54 FR 3602, Jan. 25, tive, any existing Class D station may 1989] file a construction permit application § 73.512 Special procedures applicable on FCC Form 340 to change channel in to Class D noncommercial edu- the manner described above which cational stations. shall be subject to the same require- (a) All Class D stations seeking re- ments. In either case, any license newal of license for any term expiring granted shall specify that the station’s June 1, 1980, or thereafter shall comply license is for a Class D (secondary) sta- with the requirements set forth below tion. and shall simultaneously file an appli- (c) Except in Alaska, no new Class D cation on FCC Form 340, containing applications nor major change applica- full information regarding such com- tions by existing Class D stations are pliance with the provisions set forth acceptable for filing except by existing below. Class D stations seeking to change fre- (1) To the extent possible, each appli- quency. Upon the grant of such applicant shall select a commercial FM cation, the station shall become a channel on which it proposes to oper- Class D (secondary) station. ate in lieu of the station’s present (d) Class D noncommercial edu- channel. The station may select any cational (secondary) stations (see commercial channel provided no objec- § 73.506(a)(2)) will be permitted to con- tionable interference, as set forth in tinue to operate only so long as no in- § 73.509(b), would be caused. The appli- terference (as defined in § 73.509) is cation shall include the same engineer- caused to any TV or commercial FM ing information as is required to broadcast stations. In the event that change the frequency of an existing the Class D (secondary) station would station and any other information necessary to establish the fact that objec- cause interference to a TV or commer- tionable interference would not result. cial FM broadcast station after that If no commerical channel is available Class D (secondary) station is author- where the station could operate with- ized, the Class D (secondary) station out causing such interference, the ap- must cease operation when program plication shall set forth the basis upon tests for the TV or commercial FM which this conclusion was reached. broadcast station commence. The Class (2) If a commercial channel is un- D (secondary) station may apply for a available, to the extent possible each construction permit (see § 73.3533) to applicant should propose operation on change to another frequency or an- Channel 200 (87.9 MHz) unless the sta- tenna site where it would not cause in- tion would be within 402 kilometers terference (as defined in § 73.509). If the (250 miles) of the Canadian border or Class D (secondary) station must cease 320 kilometers (199 miles) of the Mexi- operation before the construction per- can border or would cause interference mit is granted, an application for tem- to an FM station operating on Chan- porary authorization (pursuant to nels 201, 202, or 203 or to TV Channel 6, § 73.3542) to operate with the proposed as provided in § 73.509.

152

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00152 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.525

facilities may be submitted; where ap- TABLE AÐContinued propriate, such temporary authoriza- NCE±FM Distance (kil- NCE±FM Distance (kil- tion can be granted. channel ometers) channel ometers) [43 FR 39716, Sept. 6, 1978, as amended at 44 203 246 213 193 FR 48226, Aug. 17, 1979; 47 FR 28388, June 30, 204 235 214 187 1982; 50 FR 8326, Mar. 1, 1985] 205 225 215 180 206 211 216 177 § 73.513 Noncommercial educational 207 196 217 174 FM stations operating on unre- 208 196 218 166 served channels. 209 196 219 159 Noncommercial educational FM sta- 210 196 220 154 tions other than Class D (secondary) (2) Where a NCE–FM application has which operate on Channels 221 through been accepted for filing or granted, the 300 but which comply with § 73.503 as to subsequent acceptance of an applica- licensing requirements and the nature tion filed by a relevant TV Channel 6 of the service rendered, must comply station will not require revision of the with the provisions of the following pending NCE–FM application or the sections of subpart B: §§ 73.201 through FM station’s authorized facilities, un- 73.213 (Classification of FM Broadcast less the provisions of paragraph (e)(3) Stations and Allocations of Fre- of this section for TV translator or sat- quencies) and such other sections of ellite stations apply. subpart B as are made specially applicable by the provisions of this subpart (b) Existing NCE–FM Stations. (1) A C. Stations in Alaska authorized before NCE–FM station license authorized to August 11, 1982, using Channels 261–300 operate on channels 201–220 as of De- need not meet the minimum effective cember 31, 1984, or a permittee, granted radiated power requirement specified a construction permit for a NCE–FM in § 73.211(a). In all other respects, sta- station as of December 31, 1984, are not tions operating on Channels 221 subject to this section unless they pro- through 300 are to be governed by the pose either: provisions of this subpart and not sub- (i) To make changes in operating fa- part B. cilities or location which will increase predicted interference as calculated [47 FR 30068, July 12, 1982] under paragraph (e) of this section to TV Channel 6 reception in any direc- § 73.525 TV Channel 6 protection. tion; or, The provisions of this section apply (ii) To increase its ratio of vertically to all applications for construction per- polarized to horizontally polarized mits for new or modified facilities for a transmissions. NCE–FM station on Channels 200–220 (2) Applicants must comply with the unless the application is accompanied provision of paragraphs (c) or (d) of by a written agreement between the this section unless the application for NCE–FM applicant and each affected modification demonstrates that, for TV Channel 6 broadcast station concur- each person predicted to receive new ring with the proposed NCE–FM facili- interference as a result of the change, ties. existing predicted interference to two (a) Affected TV Channel 6 Station. (1) person will be eliminated. Persons pre- An affected TV Channel 6 station is a dicted to receive new interference are TV broadcast station which is author- those located outside the area pre- ized to operate on Channel 6 that is lo- dicted to receive interference from the cated within the following distances of station’s currently authorized facilities a NCE–FM station operating on Chan- (‘‘existing predicted interference nels 201–220: area’’) but within the area predicted to receive interference from the proposed TABLE A facilities (‘‘proposed predicted inter- NCE±FM Distance (kil- NCE±FM Distance (kil- ference area’’). Persons for whom pre- channel ometers) channel ometers) dicted interference will be eliminated 201 265 211 196 are those located within the existing 202 257 212 195 predicted interference area and outside

153

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00153 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.525 47 CFR Ch. I (10–1–99 Edition)

the proposed predicted interference (c) New NCE–FM stations. Except as area. provided for by paragraph (d) of this (i) In making this calculation, the section, applicants for NCE–FM sta- provisions contained at paragraph (e) tions proposing to operate on Channels will be used except as modified by 201–220 must submit a showing indi- paragraph (b)(3) of this section. cating that the predicted interference (ii) The following adjustment to the area resulting from the proposed facil- population calculation may be made: ity contains no more than 3,000 per- up to 1,000 persons may be subtracted sons. from the population predicted to re- (1) In making these calculations, the ceive new interference if, for each per- provisions in paragraph (e) of this sec- son substracted, the applicant effec- tion will be used. tively installs two filters within 90 (2) The following adjustment to popu- days after commencing program tests lation may be made: up to 1,000 persons with the proposed facilities and, no may be subtracted from the population later than 45 days thereafter, provides within the predicted interference area the affected TV Channel 6 station (as if, for each person subtracted, the applicant 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. (3) Where an NCE–FM applicant wish- (d) Collocated Stations. As an alter- es to operate with facilities in excess of native to the provisions contained in that permitted under the provisions of paragraphs (b) and (c) of this section, paragraphs (c) or (d) of this section, by an application for a NCE–FM station proposing to use vertically polarized operating on Channels 201–220 and lo- transmissions only, or to increase its cated at 0.4 kilometer (approximately ratio of vertically to horizontally po- 0.25 mile) or less from a TV Channel 6 larized transmissions, the affected TV station will be accepted under the fol- Channel 6 station must be given an op- lowing requirements: tion to pay for the required antenna (1) The effective radiated power can- and, if it takes that option, the NCE– not exceed the following values: FM vertically polarized component of power will be one half (¥3 dB) that TABLE B 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 cant has given early written notice of 203 3.1 213 38.0 the proposed modification to all af- 204 5.0 214 46.8 205 8.3 215 56.2 fected TV Channel 6 stations (as de- 206 10.0 216 67.6 fined in paragraph (a) of this section). 207 12.0 217 83.2 (5) Where the NCE–FM station dem- 208 14.8 218 100.0 209 17.8 219 100.0 onstrates in its application that it 210 21.4 220 100.0 must make an involuntary modification (e.g., due to loss of its transmitter (2) The NCE–FM application will in- site) that would not otherwise be per- clude a certification that the applicant mitted under this section, its applica- has coordinated its antenna with the tion will be considered on a case-by- affected TV station by employing ei- case basis. In such cases, the provisions ther: The same number of antenna bays of paragaph (b)(3) of this section do not with radiation centers separated by no apply. more than 30 meters (approximately

154

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00154 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.525

100 feet) verticially; or, the FM vertical the F(50,10) field strength curves (Fig- pattern not exceeding the TV vertical ure 1a, § 73.333). pattern by more than 2dB. (v) The predicted interference area (e) Calculation of predicted interference will be defined as the area within the area and population. Predictions of in- TV Channel 6 station’s 47 dBu field terference required under this section strength contour that is bounded by and calculations to determine the num- the locus of intersections of a series of ber of persons within a predicted inter- TV Channel 6 field strength contours ference area for NCE–FM operation on and the applicable NCE–FM inter- Channels 201–220 are made as follows: ference contours. (1) The predicted interference area (vi) In cases where the terrain in one will be calculated as follows: or more directions departs widely from (i) The distances to the TV Channel 6 the surrounding terrain average (for field strength contours will be pre- example, an intervening mountain), a dicted according to the procedures supplemental showing may be made. specified in § 73.684, ‘‘Prediction of cov- Such supplemental showings must de- erage,’’ using the F(50,50) curves in Fig- scribe the procedure used and should ure 9, § 73.699. include sample calculations. The application 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 to that azimuth. At all points at and the state published for the Census, and within the Grade A field strength con- totalling the number of persons in each tour of the TV Channel 6 station, the 6 County Subdivision (such as, Minor dB adjustment is applicable over the Civil Division (MCD), Census County range of angles from 70° clockwise to Division (CCD), or equivalent areas) 110° and from 250° clockwise to 290°. contained within the predicted inter- (iv) The distances to the applicable ference area. Where only a portion of NCE–FM interference contours will be County Subdivision is contained within predicted according to the procedures the interference area: specified in § 73.313, ‘‘Prediction of Cov- (i) The population of all incorporated erage,’’ using the proposed antenna places or Census designated places will height and horizontally polarized, or be subtracted from the County Subdivi- the horizontal equivalent of the sion population; vertically polarized, effective radiated (ii) Uniform distribution of the re- power in the pertinent direction and maining population over the remaining

155

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00155 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.525 47 CFR Ch. I (10–1–99 Edition)

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 population for translator service had were on the filing date of the NCE–FM been made in its application. application or June 1, 1985, whichever (B) The transition period may not ex- is later. ceed 1 year from the date the NCE–FM (iv) In calculating the population station is notified by the TV Channel 6 within the predicted interference area, station that the translator station will an exception will be permitted upon a cease to carry the affected TV Channel showing (e.g., as survey of actual tele- 6 station’s service or 6 months after vision reception) that the number of the translator station ceases to carry persons within the predicted inter- the affected TV Channel 6 station’s ference area should be reduced to ac- service, whichever is earlier. count for persons actually experiencing (ii) If any part of the interference co-channel or adjacent channel inter- area is within the Grade B field ference to reception of the affected TV strength contour (§ 73.683) of a satellite Channel 6 station. The area within station of the affected TV Channel 6 which such a showing may be made

156

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00156 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.561

will be limited to the area calculated Where: as follows: H is the horizontally polarized ERP in (A) The distances to the field kilowatts 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 § 73.684, ‘‘Prediction of coverage,’’ using lies entirely outside the limits of a city of 50,000 persons or more, or 10 if it does the F(50,50) curves in Figure 9, §73.699. not; and (B) For each field strength contour of P is the maximum permitted horizontally the affected TV Channel 6 station, polarized-only power in kilowatts. there will be an associated co-channel 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 dBu contour based on the F(50,10) Co-channel, normal offset, ¥22 dB curves in § 73.333 Figure 1a would over- ¥ Co-channel, no offset, 39 dB lap the 40 dBu contour based on the Adjacent channel, +12 dB F(50,50) curves in § 73.699, Figure 9. (C) The distances to the associated 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 51 FR 26250, July 22, 1986; 52 FR 25867, July 9, will be predicted according to the pro- 1987; 62 FR 51059, Sept. 30, 1997] cedures specified in § 73.684, ‘‘Prediction of coverage,’’ using the F(50,10) curves § 73.558 Indicating instruments. in Figure 9a, § 73.699. (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 inter- [51 FR 17029, May 8, 1986] ference contours of the co-channel or adjacent channel TV broadcast station. § 73.561 Operating schedule; time shar- (4) The maximum permissible effec- ing. tive radiated power (ERP) and antenna (a) All noncommercial educational height may be adjusted for vertical po- FM stations will be licensed for unlim- larity as follows: ited time operation except those sta- (i) If the applicant chooses to use tions operating under a time sharing vertically polarized transmissions arrangement. All noncommercial edu- only, the maximum permissible cational FM stations are required to vertically polarized ERP will be the operate at least 36 hours per week, con- maximum horizontally polarized ERP sisting of at least 5 hours of operation permissible at the same proposed an- per day on at least 6 days of the week; tenna height, calculated without the however, stations licensed to edu- adjustment for television receiving an- cational institutions are not required tenna directivity specified in para- to operate on Saturday or Sunday or to graph (e)(1)(iii) of this section, multi- observe the minimum operating re- plied by either: 40 if the predicted in- quirements during those days des- terference area lies entirely outside ignated on the official school calendar the limits of a city of 50,000 persons or as vacation or recess periods. more; or 10 if it does not. (b) All stations, including those (ii) If the applicant chooses to use meeting the requirements of paragraph mixed polarity, the permissible ERP is (a) of this section, but which do not op- as follows: erate 12 hours per day each day of the [H+(V/A)] is no greater than P year, will be required to share use of

157

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00157 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.561 47 CFR Ch. I (10–1–99 Edition)

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 Services Di- tion for the existing station. In order vision, Mass Media Bureau, prior to the to be considered for this purpose, such time of the proposed change. If time is an application to share time must be of the essence, the actual departure in filed no later than the deadline for fil- operating schedule may precede the ac- ing petitions to deny the renewal application of the existing licensee, or, in tual filing of the written agreement, the case of renewal applications filed provided that appropriate notice is by the existing licensee on or before sent to the Commission in Washington, May 1, 1995, no later than the deadline DC, Attention: Audio Services Divi- for filing applications in conflict with sion, Mass Media Bureau. the such renewal applications. (d) In the event that causes beyond (1) The licensee and the prospective the control of a permittee or licensee licensee(s) shall endeavor to reach an make it impossible to adhere to the op- agreement for a definite schedule of pe- erating schedule in paragraphs (a) or riods of time to be used by each. Such (b) of this section or to continue oper- agreement shall be in writing and shall ating, the station may limit or dis- set forth which licensee is to operate continue operation for a period not ex- on each of the hours of the day ceeding 30 days without further author- throughout the year. Such agreement ity from the Commission, Provided, shall not include simultaneous oper- That notification is sent to the Com- ation of the stations. Each licensee mission in Washington, DC, Attention: shall file the same in triplicate with Audio Services Division, Mass Media each application to the Commission for Bureau, no later than the 10th day of initial construction permit or renewal limited or discontinued operation. Dur- of license. Such written agreements ing such period, the permittee shall shall become part of the terms of each continue to adhere to the requirements station’s license. of the station license pertaining to the (2) The Commission desires to facili- lighting of antenna structures. In the tate the reaching of agreements on event normal operation is restored time sharing. However, if the licensees prior to the expiration of the 30 day pe- of stations authorized to share time riod, the permittee or licensee will no- are unable to agree on a division of tify the FCC, Attention: Audio Serv- time, the Commission shall be so noti- ices Division of the date that normal fied by statement to that effect filed with the application proposing time operations resumed. If causes beyond sharing. Thereafter the Commission the control of the permittee or licensee will designate the application for hear- make it impossible to comply within ing on any qualification issues arising the allowed period, Special Temporary regarding the renewal or new appli- Authority (see Section 73.1635) must be cants. If no such issues pertain, the requested to remain silent for such ad- Commission will set the matter for ex- ditional time as deemed necessary. The pedited hearing limited solely to the license of a broadcasting station that issue of the sharing of time. In the fails to transmit broadcast signals for event the stations have been operating any consecutive 12 month period ex- under a time sharing agreement but pires as a matter of law at the end of cannot agree on its continuation, a that period, notwithstanding any pro- hearing will be held, and pending such vision, term, or condition of license to hearing, the operating schedule pre- the contrary.

158

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.599

NOTE 1: For allocations purposes, both (all) chooses to do so, it is governed by stations sharing time will be treated as un- §§ 73.293 through 73.295 of the Commis- limited time stations. sion’s Rules regarding the types of per- NOTE 2: See §§ 73.1705, 73.1715, and 73.1740. missible subcarrier uses and the manner in which subcarrier operations (Secs. 4, 5, 303, 48 Stat., as amended, 1066, shall be conducted; Provided, however, 1068, 1082 (47 U.S.C. 154, 155, 303)) that remunerative use of a station’s [43 FR 39717, Sept. 6, 1978, as amended at 43 subcarrier capacity shall not be detri- FR 45845, Oct. 4, 1978; 44 FR 3416, Jan. 19, 1979; mental to the provision of existing or 44 FR 65764, Nov. 15, 1979; 47 FR 54448, Dec. 3, potential radio reading services for the 1982; 50 FR 13974, Apr. 9, 1985; 61 FR 18291, Apr. 25, 1996; 61 FR 28767, June 6, 1996; 63 FR blind or otherwise inconsistent with its 33877, June 22, 1998] public broadcasting responsibilities. [48 FR 26615, June 9, 1983] § 73.567 Determining operating power. The procedures for determining oper- § 73.597 FM stereophonic sound broad- ating power described in § 73.267 are ap- casting. plicable to noncommercial education A noncommercial educational FM FM stations. broadcast station may, without specific authority from the FCC, transmit [44 FR 58732, Oct. 11, 1979] stereophonic sound programs upon in- § 73.593 Subsidiary communications stallation of stereophonic sound trans- services. mitting equipment under the provisions of §§ 2.977, 2.1001, 73.322, and 73.1590 The licensee of a noncommercial edu- of the FCC’s Rules. cational FM station is not required to use its subcarrier capacity, but if it [51 FR 17029, May 8, 1986]

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

159

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00159 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.599 47 CFR Ch. I (10–1–99 Edition)

160

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00160 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.599

[50 FR 27965, July 9, 1985]

161

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00161 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.601 47 CFR Ch. I (10–1–99 Edition)

Subpart D [Reserved] Frequency Channel No. band (MHz)

Subpart E—Television Broadcast 36 ...... 602±608 Stations 37 ...... 608±614 38 ...... 614±620 § 73.601 Scope of subpart. 39 ...... 620±626 This subpart contains the rules and 40 ...... 626±632 41 ...... 632±638 regulations (including engineering 42 ...... 638±644 standards) governing TV broadcast sta- 43 ...... 644±650 tions, including noncommercial edu- 44 ...... 650±656 cational TV broadcast stations and, 45 ...... 656±662 46 ...... 662±668 where indicated, low power TV and TV 47 ...... 668±674 translator stations in the United 48 ...... 674±680 States, its Territories and possessions. 49 ...... 680±686 TV broadcast, low power TV, and TV 50 ...... 686±692 translator stations are assigned chan- 51 ...... 692±698 52 ...... 698±704 nels 6 MHz wide, designated as set 53 ...... 704±710 forth in § 73.603(a). 54 ...... 710±716 55 ...... 716±722 [47 FR 21494, May 18, 1982] 56 ...... 722±728 57 ...... 728±734 § 73.602 Cross reference to rules in 58 ...... 734±740 other parts. 59 ...... 740±746 60 ...... 746±752 See § 73.1010. 61 ...... 752±758 [43 FR 32781, July 28, 1978] 62 ...... 758±764 63 ...... 764±770 64 ...... 770±776 § 73.603 Numerical designation of tele- 65 ...... 776±782 vision channels. 66 ...... 782±788 (a) 67 ...... 788±794 68 ...... 794±800 Frequency 69 ...... 800±806 Channel No. band (MHz) (b) In Alaska, television broadcast 2 ...... 54±60 stations operating on Channel 5 (76–82 3 ...... 60±66 MHz) and on Channel 6 (82–88 MHz) 4 ...... 66±72 5 ...... 76±82 shall not cause harmful interference to 6 ...... 82±88 and must accept interference from non- 7 ...... 174±180 Government fixed operations author- 8 ...... 180±186 ized prior to January 1, 1982. 9 ...... 186±192 10 ...... 192±198 (c) Channel 37, 608–614 MHz is re- 11 ...... 198±204 served exclusively for the radio astron- 12 ...... 204±210 omy service. 13 ...... 210±216 14 ...... 470±476 (d) In Hawaii, the frequency band 488– 15 ...... 476±482 494 MHz is allocated for non-broadcast 16 ...... 482±488 use. This frequency band (Channel 17) 17 ...... 488±494 18 ...... 494±500 will not be assigned in Hawaii for use 19 ...... 500±506 by television broadcast stations. 20 ...... 506±512 21 ...... 512±518 [28 FR 13660, Dec. 14, 1963, as amended at 35 22 ...... 518±524 FR 11179, July 11, 1970; 39 FR 10576, Mar. 21, 23 ...... 524±530 1974; 47 FR 16789, Apr. 20, 1982; 47 FR 30068, 24 ...... 530±536 July 12, 1982; 47 FR 35989, Aug. 18, 1982; 51 FR 25 ...... 536±542 26 ...... 542±548 18450, May 20, 1986] 27 ...... 548±554 28 ...... 554±560 § 73.606 Table of allotments. 29 ...... 560±566 30 ...... 566±572 (a) General. The following table of al- 31 ...... 572±578 lotments contains the channels des- 32 ...... 578±584 ignated for the listed communities in 33 ...... 584±590 34 ...... 590±596 the United States, its Territories, and 35 ...... 596±602 possessions. Channels designated with

162

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.606

an asterisk are assigned for use by non- ARIZONAÐContinued commercial educational broadcast sta- [See footnotes at end of tables] tions only. A station on a channel identified by a plus or minus mark is re- Channel No. quired to operate with its carrier fre- Parker ...... *17- quencies offset 10 kHz above or below, Phoenix ...... 3+, 5-, *8+, 10-, 15-, 21, 33, *39, 45, respectively, the nominal carrier fre- 61 Prescott ...... 7, *19 quencies. Safford ...... *23+ (b) Table of Allotments. Sierra Vista ...... 58 Tolleson ...... 51 ALABAMA Tucson ...... 4-, *6+, 9-, 13-, 18-, *27-, 40 Tucson-Nogales ...... 2 11 Channel No. Yuma ...... 11-, 13+, *16-

Anniston ...... 40- Arab ...... 56- ARKANSAS Bessemer ...... 17 Birmingham ...... 6-, *10-, 13-, 21-, 42+, *62+, 68- Channel No. Decatur. Demopolis ...... *41 Arkadelphia ...... *9+ Dothan ...... 4, 18, *39+, 60- Camden ...... 237A, 246, 49- Dozier ...... *2- Cimarron ...... 23 Florence ...... 15, 26, *36- El Dorado ...... 10-, *30+, 43- Gadsden ...... 44+, 60 Eureka Springs ...... 34+ Gulf Shores ...... 55 Fayetteville ...... *13-, 36 Huntsville ...... 19, *25+, 31+, 48- Fort Smith ...... 5-, 24+, 40- Huntsville-Decatur ..... 54 Gosnell ...... 46 Louisville ...... *43+ Harrison ...... 31+ Mobile ...... 5+, 10+, 15+, 21+, *31, *42, and 61 Hot Springs ...... *20, 26 Montgomery ...... 12, 20, *26+, 32, 45-, *63 Jonesboro ...... 8-, *19+, 48+ Mount Cheaha ...... *7- Little Rock ...... *2-, 4, 7-, 11, 16-, *36, and 42 Munford ...... *16- Mountain Home ...... 43+ Opelika ...... 50, 66 Mountain View ...... *6- Ozark ...... 34 Newark ...... *17 Selma ...... 8, 29- Pine Bluff ...... 25-, 38- Troy ...... 67 Rogers ...... 51- Tuscaloosa ...... 23-, 33, *39- Russellville ...... *28+ Tuscumbia ...... 52+ Springdale ...... 57 Tuskegee ...... 22- CALIFORNIA ALASKA [See footnotes at end of tables]

Channel No. Channel No.

Anchorage ...... 2-, 4-, 5, *7-, *9, 11, 13-, and 33 Alturas ...... 13+ Bethel ...... *4 Anaheim ...... 56- Dillingham ...... *2, 10 Arcata ...... 23 Fairbanks ...... 2+, 7+, *9+, 11+, 13+ Avalon ...... 54 Juneau ...... *3, 8, 10 Bakersfield ...... 17, 23-, 29, *39-, 45, 65+ Ketchikan ...... 2, 4, *9 Barstow ...... *35+, 64 North Pole ...... 4+ Big Bear Lake ...... 59+ Seward ...... 3-, Bishop ...... *14-, 20+ Sitka ...... 13 Blythe ...... *22- Brawley ...... *26 Calipatria ...... 54 ARIZONA Ceres ...... *23+ [See footnotes at end of tables] Chico ...... 12-, *18, 24+, *46- Clovis ...... 43 Channel No. Coalinga ...... *27- Concord ...... 42 Ajo ...... *23- Corona ...... 52 Coolidge ...... *43 Cotati ...... *22- Douglas ...... 3, *28 El Centro ...... 7+, 9+ Flagstaff ...... 2, 4+, 9, 13, and *16 Eureka ...... 3-, 6-, *13-, and 29 Globe ...... *14+ Fort Bragg ...... 8- Green Valley ...... 46 Fresno ...... *18+, 24, 30+, 47, 53, Holbrook ...... 11+, *18+ Hanford ...... 21 Kingman ...... 6-, *14- Huntington Beach ...... *50- Lake Havasu City ...... 34+ Indio ...... *19+ McNary ...... *22+ Long Beach ...... 18- Mesa ...... 12- Los Angeles ...... 2, 4, 5, 7, 9, 11, 13, 22, *28, 34, *58- Nogales ...... *16+ , *68- Page ...... *17 Merced ...... 51

163

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.606 47 CFR Ch. I (10–1–99 Edition)

CALIFORNIAÐContinued CONNECTICUT [See footnotes at end of tables] Channel No. Channel No. Bridgeport ...... 43-, *49- Modesto ...... 19- Hartford ...... 3+, 18-, *24, 61+ New Britain ...... 30+ Novato ...... 68 New Haven ...... 8, 59+, 55 Oakland ...... 2+ New London ...... 26+ Ontario ...... 46 Norwich ...... *53 Oroville ...... 28 Waterbury ...... 20 Oxnard ...... 63+ Palm Springs ...... 36-, 42 Paradise ...... 30 DELAWARE Porterville ...... 61 Rancho Palos Verdes 44+ Channel No. Redding ...... 7, *9, 16 Ridgecrest ...... *25 Dover ...... *34 Seaford ...... 38, *64 Riverside ...... 62 Wilmington ...... *12, 61 Sacramento ...... 3, *6, 10, 29-, 31-, 40-, *52 Salinas-Monterey ...... 8+, 35-, 46-, *56, 67- San Bernardino ...... *24-, 30 DISTRICT OF COLUMBIA San Diego ...... 8, 10, *15, 39, 51, 69 San Francisco ...... 4-, 5+, 7-, *9+, 14+, 20-, 26-, *32+, Channel No. 38, 44- San Jose ...... 11+, 36, 48-, *54, 65 Washington ...... 4-, 5-, 7+, 9, 20+, *26-, *32+, 50 San Luis Obispo ...... 6+, *15+, and 33 San Mateo ...... *60 Sanger ...... 59 FLORIDA Santa Anna ...... 40, Santa Barbara ...... 3-, 14,1 *20,1 , 38, and *55 Channel No. Santa Cruz ...... *16- Boca Raton ...... *63 Santa Maria ...... 12+, 42+ Bradenton ...... *19, 66 Santa Rosa ...... 50-, *62 Bunnell ...... 58 Stockton ...... 13+, 58, 64 Cape Coral ...... 36 Susanville ...... *14 Clearwater ...... 22 Twentynine Palms ..... 31 Clermont ...... 18- Vallejo-Fairfield ...... 66 Cocoa ...... *52, 68 Ventura ...... 57 Crystal River ...... 39- Visalia ...... 26+, *49 Daytona Beach ...... 2-, 26 Watsonville ...... *25+ Destin ...... 64+ Weaverville ...... 32 Fort Lauderdale ...... 51 Willits ...... 11- Fort Myers ...... 11+, 20+, *30 Yosemite Valley ...... 41 Fort Pierce ...... *21-, 34 Yreka City ...... *20+ Fort Walton Beach ..... 35, 53, 58 Gainesville ...... *5-, 20, 61+ High Springs ...... 53+ COLORADO Hollywood ...... 69 Inverness ...... 64 Channel No. Islamorada ...... *9+ Jacksonville ...... 4+, *7, 12+, 17, 30+, 47-, *59 Alamosa ...... *16, 47 Kenansville ...... 31 Boulder ...... 14 Key West ...... 8, *13, and 22+ Broomfield ...... *12 Lake City ...... *41 Castle Rock ...... 53 Lake Worth ...... 67 Lakeland ...... 32 Colorado Springs ...... 11, 13, 21 Leesburg ...... *45-, 55 Craig ...... *16+ Live Oak ...... 57- Denver ...... 2, 4-, *6-, 7, 9-, 20, 31, *41, 50, 59 Madison ...... *36- Durango ...... 6+, *20-, and 33+ Marathon ...... 16+ Fort Collins ...... 22- Marianna ...... *16+, 51 Glenwood Springs ..... 3-, *19+ Melbourne ...... 43+, 56 Grand Junction ...... 5-, 8-, *18+, 4*, 11+ Miami ...... *2, 4, 6, 7-, 10+, *17-, 23-, 33, 35, Gunnison ...... *17- 39, and 45+ La Junta ...... *22+ Naples ...... 26-, 46 Lamar ...... 12-, *14- New Smyrna Beach ... *15+ Leadville ...... *15- Ocala ...... *29, 51- Longmont ...... 25 Orange Park ...... 25- Montrose ...... 10+, *22 Orlando ...... 6-, 9, * 24-, 27, 35+, and 65 Pueblo ...... 5, *8, 26+, 32- Palatka ...... *42, 63+ Salida ...... *23+ Palm Beach ...... 61 Steamboat Springs .... 24+ Panama City ...... 7+, 13, 28-, *56, 46 Sterling ...... 3, *18+ Panama City Beach ... 46 Pensacola ...... 3-, *23, 33+, 44 Trinidad ...... *24 St. Petersburg ...... 10-, 38, 44+

164

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.606

FLORIDAÐContinued IDAHO

Channel No. Channel No.

Sarasota ...... 40 Boise ...... 2, *4+, 7, 14 Sebring ...... *48, 60 Burley ...... *17+ Stuart ...... 59 Caldwell ...... 9- Tallahassee ...... *11-, 24, 27+, 40+ Coeur d'Alene ...... *26+ Tampa ...... *3, 8-, 13-, *16, 28, and 50 Filer ...... *19- Grangeville ...... *15- Tequesta ...... 25 Idaho Falls ...... 3, 8+, 20, *33+ Tice ...... 49 Lewiston ...... 3- Venice ...... 62 Moscow ...... *12- West Palm Beach ...... 5, 12, 29+, *42+, Nampa ...... 6, 12+ Preston ...... *28 Pocatello ...... 6-, *10, 15, 25+, 31- GEORGIA Sandpoint ...... *16+ Sun Valley ...... 5- Channel No. Twin Falls ...... 11, *13-, 35 Weiser ...... *17 Albany ...... 10, 19-, 31-, and 52- Ashburn ...... *23+ Athens ...... *8-, 34 ILLINOIS Atlanta ...... 2, 5-, 11+, 17-, *30, 36, 46-, *57+, 69 [See footnotes at end of tables] Augusta ...... 6+, 12-, 26, 54- Bainbridge ...... 49 Channel No. Baxley ...... 34 Brunswick ...... 21+ Aurora ...... 60 Carrollton ...... *49- Bloomington ...... 43 Carnesville ...... *52 Carbondale ...... *8 Cedartown ...... *65- Champaign ...... 3+, 15- Chatsworth ...... *18- Charleston ...... *51+ Chicago ...... 2-, 5, 7, 9+, *11, *20, 26, 32, 38-, 44 Cochran ...... *29+ Danville ...... 68 Columbus ...... 3, 9+, *28, 38+, *48, 54+ Decatur ...... 17, 23- Cordele ...... 55+ DeKalb ...... *33, *48- Dalton ...... 23 East St. Louis ...... 46 Dawson ...... *25 Edwardsville ...... *18- Draketown ...... *27- Elgin ...... 4 66+ Elberton ...... *60+ Freeport ...... 23, *65- Flintstone ...... *41- Galesburg ...... 67 Lafayette ...... *35 Harrisburg ...... 3 Macon ...... 13+, 24+, 41+, *47+, 64- Jacksonville ...... *14 Monroe ...... 63 Joliet ...... 1 14-, 66+ Pelham ...... *14- Kankakee ...... *54- Perry ...... 58+ LaSalle ...... 35 Rome ...... 14+ Macomb ...... *22+ Royston ...... *22+ Marion ...... 27 Savannah ...... 3, *9-, 11, 22, Moline ...... 8, *24- Thomasville ...... 6 Mount Vernon ...... 13+ Olney ...... *16- Toccoa ...... 32-, *68- Paris ...... 46+ Valdosta ...... *33, 44- Peoria ...... 19, 25+, 31+, *47-, 59+ Vidalia ...... *18+ Pontiac ...... 53 Warm Springs. Quincy ...... 10-, 16+, *27+ Warner Robbins ...... 35- Rockford ...... 13, 17+, 39 Waycross ...... *8+ Rock Island ...... 4+ Wrens ...... *20- Springfield ...... 20+, 49-, 55+, *65+ Young Harris ...... *51- Streator ...... *63 Urbana ...... *12-, 27- Vandalia ...... *21 HAWAII

Channel No. INDIANA

Hilo (Hawaii) ...... 2, *4, 9, 11, 13, 14+, 20+, 26+, *32+, Channel No. *38+ Honolulu (Oahu) ...... 2+, 4-, 5, 9-, *11+, 13-, 14, 20, 26, Anderson ...... 67+ 32, *38, and *44. Angola ...... 63 Kailua ...... 50 Bloomington ...... 4, *30-, 42+ and 63+ Kailua-Kona (Hawaii) 6 Elkhart ...... 28+ Kaneohe ...... 66+ Evansville ...... 7, *9+, 14-, 25-, and 44 Lihue (Kauai) ...... 3+, *8-, 10+, 12-, 15-, *21-, *27-, *67 Fort Wayne ...... 15+, 21+, 33-, *39-, 55 Wailuku (Maui) ...... 3, 7, *10, 12, 15, 21, *27, *33, 39 Gary ...... 50, *56+ Waimanalo ...... 56 Hammond ...... 62+ Indianapolis ...... 6, 8-, 13-, *20-, 40, 59-, *69

165

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.606 47 CFR Ch. I (10–1–99 Edition)

INDIANAÐContinued KANSASÐContinued

Channel No. Channel No.

Kokomo ...... 29- Phillipsburg ...... *22- Lafayette ...... 18, *24 Pittsburg ...... 7+ and 14 Madison ...... *60+ Pratt ...... *32+ Marion ...... 23 Randall. Muncie ...... 49, *61 Salina ...... 18+, 34-, 44 Richmond ...... 43+ Sedan ...... *28 Salem ...... 58+ Topeka ...... *11, 13+, 27, 43, 49 South Bend ...... 16, 22, *34-, 46 Wichita ...... 3-, 10-, *15+, 24-, 33, *42 Terre Haute ...... 2+, 10, *26-, 38 Vincennes ...... *22- KENTUCKY

IOWA Channel No.

Channel No. Ashland ...... *25, 50-, 61+ Beattyville ...... 65 Ames ...... 5, 23-, *34+ Blanco ...... 52+ Burlington ...... 26-, *57- Bowling Green ...... 13, *24-, 40+, *53-, 59+ Carroll ...... *18-, 30+, and 52 Campbellsville ...... 34 Cedar Rapids ...... 2, 9-, 28+, and 48- Covington ...... *54+ Centerville ...... *31- Danville ...... 56 Council Bluffs ...... *32 Elizabethtown ...... *23+ Davenport ...... 6+, 18+, 30-, *36+ Harlan ...... 44- Decorah ...... *14+ Hazard ...... *35+, 57- Des Moines ...... 8-, *11+, 13-, 17+, *43-, 63-, 69 Hopkinsville ...... 51 Dubuque ...... 16-, *29-, 40- Lexington ...... 18+, 27-, 36, *46, 62 Estherville ...... *49+ Louisville ...... 3-, 11, *15, 21-, 32-, 41+, *68+ Fort Dodge ...... *21 Madisonville ...... 19-, *35-, and 57+ Fort Madison ...... *38+ Morehead ...... *38+, 67- Hampton ...... 50 Murray ...... *21+, 38 High Point ...... *14- Newport ...... 19+ Iowa City ...... *12+, 20- Owensboro ...... 31-, 48, 61+ Keokuk ...... *44+ Owenton ...... *52+ Keosauqua ...... *54+ Paducah ...... 6+, 29 and 49 Paintsville ...... 69+ Lansing ...... *41+ Pikeville ...... *22-, 51+ Mason City ...... 3+, *24+ Somerset ...... 16, *29+ Mount Ayr ...... *25- Newton ...... 39+ Ottumwa ...... 15+, *33- LOUISIANA Red Oak ...... *36 Rock Rapids ...... *25+ Channel No. Sibley ...... *33 Sioux City ...... 4-, 9, 14, *27-, 44 Alexandria ...... 5, *25+, 31+, 41+ Spirit Lake ...... *38 Baton Rouge ...... 2, 9-, *27+, 33-, and 44+ Waterloo ...... 7+, 22-, *32- Columbia ...... 11+ De Ridder ...... *23- Hammond ...... 62+ KANSAS Houma ...... 11 Lafayette ...... 3+, 10, 15, *24 Channel No. Lake Charles ...... 7-, *18-, 29- Minden ...... 21+ Chanute ...... *30+ Monroe ...... 8+, *13, Cimarron ...... 23 Morgan City ...... *14+ Colby ...... 4 Natchitoches ...... *20+ Columbus ...... *48- New Iberia ...... 36- Dodge City ...... *21- New Orleans ...... 4+, 6, 8-, * 12, 20-, 26, * 32+, 38+, Emporia ...... *25+ and 49 Ensign ...... 6+ Shreveport ...... 3-, 12, *24-, 33, and 45+ Fort Scott ...... 20+ Slidell ...... 54+ Garden City ...... 11+, 13-, *18 Tallulah ...... *19 Goodland ...... 10 West Monroe ...... 14-, 39+ Great Bend ...... 2 Hays ...... 7-, *9 Hoisington ...... 14 MAINE Hutchinson ...... *8, 12, 36+ Junction City ...... 31 Channel No. Lakin ...... *3 Lawrence ...... 38 Augusta ...... *10- Liberal ...... 5+ Bangor ...... 2-, 5+, 7- Manhattan ...... *21 Biddeford ...... *26- Oakley ...... *15- Calais ...... *13- Parsons ...... *39 Fort Kent ...... *46+

166

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.606

MAINEÐContinued MICHIGANÐContinued

Channel No. Channel No.

Fryeburg ...... *18+ Marquette ...... 6-, *13, 19 Houlton ...... *25+ Mount Clemens ...... 38+ Kittery ...... *39 Mount Pleasant ...... *14 Lewiston ...... 35- Muskegon ...... 54+ Millinocket ...... *44- Onondaga ...... 10- Orono ...... *12- Petoskey ...... *23+ Poland Spring 8-. Port Huron ...... 46+ Portland ...... 6-, 13+, 51 Saginaw ...... 25-, 49- Presque Isle ...... 8, *10+, 62+ Sault Ste. Marie ...... 8, 10+, *32- Rumford ...... *43+ Traverse City ...... 7+, 29- Waterville ...... 23- University Center *19+. Vanderbilt ...... 45 West Branch ...... *24 MARYLAND

Channel No. MINNESOTA

Annapolis ...... *22+ Channel No. Baltimore ...... 2+, 11-, 13+, 24+, 45, 54, *67- Cumberland ...... 52+, 65 Alexandria ...... 7, * 24, and 42 Frederick ...... *62 Appleton ...... *10- Hagerstown ...... 25-, *31, and 68+ Austin ...... 6-, *15- Oakland ...... *36+ Bemidji ...... *9, 26+ Salisbury ...... 16+, *28-, 47- Brainerd ...... *22 Waldorf ...... *58+ Crookston ...... *33 Duluth ...... 3, *8, 10+, 21+, 27- Ely ...... *17- MASSACHUSETTS Fairmont ...... *16+ [See footnotes at end of tables] Hibbing ...... 13-, *18- International Falls ...... 11, *35+ Channel No. Mankato ...... 12, *26- Marshall ...... *30- Adams ...... 19 Minneapolis-St. Paul .. *2-, 4, 5-, 9+, 11-, *17, 23+, 29+, and Boston ...... *2+, 4+, 5-, 7+, 25+, 38, *44, 68+ 45 Cambridge ...... 56 Redwood Falls ...... 43 Greenfield ...... 32+ Rochester ...... 10, 47- Lawrence ...... 62 St. Cloud ...... 19, *25-, 41 Marlborough ...... 66 St. James ...... 32+ New Bedford ...... 6+, 28-, *34 Thief River Falls ...... 10, *30 North Adams ...... *35 Wadena ...... *20- Norwell ...... 46+ Walker ...... 12-, 38- Pittsfield ...... 51+ Wilmar ...... *14- Springfield ...... 22, 40, *57+ Winona ...... *35+, 44- Vineyard Haven ...... 58+ Worthington ...... *20 Worcester ...... 14, 1 27, *48+,

MISSISSIPPI MICHIGAN Channel No. Channel No. Biloxi ...... 13+, *19+, Alpena ...... *6, 11 Booneville ...... *12- Ann Arbor ...... 31+, *58+ Bude ...... *17+ Bad Axe ...... * 15-, 41- Clarksdale ...... *21 Battle Creek ...... 41+, and 43- Cleveland ...... *31- Bay City ...... 5-, 61+ Columbia ...... *45 Cadillac ...... 9, *27, 33 Columbus ...... 4-, *43 Calumet ...... 5-, *22- Greenville ...... 15-, 44 Cheboygan ...... 4+ Greenwood ...... 6+, *23+ Detroit ...... 2+, 4, 7-, 20+, 50-, *56, 62 Gulfport ...... 25- East Lansing ...... *23-, *69- Grenada ...... 22+ Escanaba ...... 3+ Hattiesburg ...... 22, *47 Flint ...... 12-, *28-, 66- Holly Springs ...... 40 Grand Rapids ...... 8+, 13+, 17-, *35+ Houston ...... 45+ Iron Mountain ...... 8-, *17+ Jackson ...... 3, 12+, 16, *29+, 40+, and 51 Ironwood ...... *15-, 24+ Laurel ...... 7, 18+ Ishpeming ...... 10 Magee ...... 34+ Jackson ...... 18+ Meridian ...... 11-, *14, 24-, 30- Kalamazoo ...... 3-, *52+, 64 Mississippi State ...... *2+ Lansing ...... 6-, 47, 53- Natchez ...... *42+, 48 Manistee ...... *21 Oxford ...... *18 Manistique ...... *15+ Senatobia ...... *34-

167

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.606 47 CFR Ch. I (10–1–99 Edition)

MISSISSIPPIÐContinued NEBRASKAÐContinued

Channel No. Channel No.

Tupelo ...... 9-, 35+ Kearney ...... 13 Vicksburg ...... 35- Lexington ...... *3+ West Point ...... 27 Lincoln ...... 8+, 10+, *12-, 45, 51 Wiggins ...... 43-,56+ McCook ...... 8-, 16+, 12 Yazoo City ...... *32- Merriman ...... *12 Norfolk ...... *19+ MISSOURI North Platte ...... 235, 246, 278 Omaha ...... 3, 6+, 7, 15, *26, 42+, *48-, and 54 Channel No. Orchard ...... 16 Pawnee ...... 33+ Birchtree ...... *20- Scottsbluff ...... 10-, 16 Bowling Green ...... *35+ Superior ...... 4+ Cape Girardeau ...... 12, 23, *39- Carrollton ...... *18 Columbia ...... 8+, 17-*23+ NEVADA Flat River ...... *22 Hannibal ...... 7- Channel No. Jefferson City ...... 13, 25, *36- Joplin ...... 12+, 16, *26- Elko ...... 10-, *14+ Kansas City ...... 4, 5+, 9+, *19+, 29, 41-, 50-, 62+, Ely ...... 3-, 6+ *68- Fallon ...... *25 Kennett ...... 58+ Goldfield ...... 7- King City ...... *28- Henderson ...... 5+ Kirksville ...... 3- Las Vegas ...... 3, 8-, *10+, 13-, 15+, 21+, and 33+ LaPlata ...... *21+ Lowry City ...... *15- McGill ...... *13 Poplar Bluff ...... 15+, *26+, 55 Paradise ...... 39+ Rolla ...... *28 Pawnee City ...... *33+ St. Joseph ...... 2-, 16-, 22 Reno ...... 2, 4, *5, 8, 11, 21+, and 27+ St. Louis ...... 2, 4-, 5-, *9, 11-, 24+, 30+, *40-, *46 Tonopah ...... 9-, *17+ Sedalia ...... 6 Winnemucca ...... 7+, *15- Sikeston ...... 45 Yerington ...... *16+ Springfield ...... 3+, 10, *21-, 27-, 33--

NEW HAMPSHIRE MONTANA [See footnotes at end of tables] Channel No. Channel No. Anaconda ...... 2+ Billings ...... 2-, 6, 8, *11, 14, 20+ Berlin ...... *40- Bozeman ...... 7-, *9 Concord ...... 21+ Butte ...... *2+, 4, 6+, 18, 24 Derry ...... 50- Cut Bank ...... *14- Durham ...... *11 Dillon ...... *14+ Hanover ...... *15+ Glendive ...... 5+, 13+, *16- Keene ...... *52+ Great Falls ...... 3+, 5+, 16, 26, *32 Littleton ...... *49+ Hardin ...... 4+ Manchester ...... 9-, Havre ...... 9+, 11-, and *18- Merrimack ...... 60+ Helena ...... 10+, 12, *15+ Portsmouth ...... 1 17- Joplin ...... 35-, 48, 54- Kalispell ...... 9-, *29- Lewistown ...... 13 NEW JERSEY Miles City ...... 3-, *10 Missoula ...... 8-, *11+, 13-, 17-, and 23- Channel No. Wolf Point ...... *17+ Atlantic City ...... *36, 53+, 62- Burlington ...... 48- NEBRASKA Camden ...... *23+ Channel No. Linden-Newark ...... 47+ Montclair ...... *50+ Albion ...... 18, *21+, 24+ Newark ...... 13-, 68 Alliance ...... *13- New Brunswick ...... *58 Bassett ...... *7- Newton ...... 63 Beatrice ...... 23+ Paterson ...... 41- Falls City ...... *24 Secaucus ...... 9+ Grand Island ...... 11-, 17 Trenton ...... *52- Hastings ...... 5-, *29+ Vineland ...... 59-, 65- Hayes Center ...... 6 West Milford ...... *66- Hay Springs- 4+ Wildwood ...... 40 Scottsbluff.

168

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00168 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.606

NEW MEXICO NORTH CAROLINAÐContinued

Channel No. Channel No.

Alamogordo ...... *18- Columbia ...... *2 Albuquerque ...... 4+, *5+, 7+, 13+, 14-, 23-, *32+, 41, Concord ...... *58 50 Cullowhee ...... 50+ Carlsbad ...... 6-, *15+, 25- Durham ...... 11+, 28+ Clayton ...... *17 Fayetteville ...... 40+, 62 Clovis ...... 12-- Forest City ...... 66+ Deming ...... *16 Franklin ...... *56+ Farmington ...... 3, 12+, *15+ Goldsboro ...... 17- Gallup ...... *8-, 10 Greensboro ...... 2-, 48-, 61 Hobbs ...... 29+ Greenville ...... 9-, 14, *25, and 38+ Las Cruces ...... *22-, 48+ Hickory ...... 14- Lovington ...... *19 High Point ...... 8-, *32+, 67+ Portales ...... *3+ Jacksonville ...... *19, 35 Raton ...... *18- Kannapolis ...... 64- Roswell ...... 8, 10-, 21-, 27-, *33+ Laurel Hill ...... 59+ Santa Fe ...... 2+, *9+, 11-, 19- Lexington ...... 20 Silver City ...... 6, 10+, *12 Linville ...... *17 Socorro ...... *15- Lumberton ...... *31 Tucumcari ...... *15 Manteo ...... 4 Morehead City ...... 8+ Morganton ...... 23- NEW YORK New Bern ...... 12+ [See footnotes at end of tables] Raleigh ...... 5, 22, *34, 50+ Roanoke Rapids ...... *36- Channel No. Rockingham ...... *53 Rocky Mount ...... 47+ Albany-Schenectady .. 6, 10-, 13, *17+, 23-, *29+, 45 Washington ...... 7 Amsterdam ...... *39+, 55 Waynesville ...... 59 Arcade ...... 62- Wilmington ...... 3-, 6, 26-, *39- Batavia ...... 51- Wilson ...... 30- Bath ...... 14- Winston-Salem ...... 12, *26+, 45 Binghamton ...... 12-, 34, 40-, *46+ Buffalo ...... 2, 4, 7+, 17, *23, 29-, 49- Carthage ...... 7- NORTH DAKOTA Corning ...... *30, 48+ Elmira ...... 18+, 36- Channel No. Garden City ...... *21- Glens Falls ...... *58- Bismarck ...... *3, 5, 12-, 17-, 26+ Ilion ...... 67- Devils Lake ...... 8+, *22+ Ithaca ...... 52, *65+ Dickinson ...... 2+, *9-, 7 Jamestown ...... 26+, *46 Ellendale ...... *19- Kingston ...... 62+ Fargo ...... 6, 11+, *13, 15- Lake Placid ...... *34+ Grand Forks ...... *2, 14+, 27+ New York ...... 2, 4, 5+, 7, 11+, *25, 31- Jamestown ...... 7-, *23 North Pole ...... 5 Minot ...... *6+, 10-, 13-, 14-, 24 Norwood ...... *18 Pembina ...... 12 Oneonta ...... 1 15, *42 Valley City ...... 4- Plattsburg ...... *57 Williston ...... *4, 8-, 11-, *15- Poughkeepsie ...... 54+ Riverhead ...... 55+ Rochester ...... 8, 10+, 13-, *21, 31+, *61+ OHIO Saranac Lake ...... 61- [See footnotes at end of tables] Smithtown ...... 67 Springville ...... 67+ Channel No. Syracuse ...... 3-, 5-, 9-, *24+, 43+, 56+, 68- Utica ...... 2-, 4-, 20+, 33, *59 Akron ...... 23+, *49+, 55- Watertown ...... *16, 50+ Alliance ...... *45+ Waverly ...... *57- Ashtabula ...... 1 15 Athens ...... 20*, 63- Bowling Green ...... *27+ NORTH CAROLINA Cambridge ...... *44- Canton ...... 17-, 67 Channel No. Chillicothe ...... 53 Cincinnati ...... 5-, 9, 12, *48-, 64- Andrews ...... *59 Cleveland ...... 3, 5+, 8, *25+, 61 Asheville ...... 13-, 21+, *33, 62+ Columbus ...... 4-, 6+, 10+, 28-, *34, *56- Belmont ...... 46+ Dayton ...... 2, 7+, *16+, 22+, 45 Bryson City ...... *67 Defiance ...... 65+ Burlington ...... 16 Hillsboro ...... *24+, 55+ Canton ...... *27 Lima ...... 35-, 44+, *57+, 17 Chapel Hill ...... *4+ Lorain ...... 43 Charlotte ...... 3, 9+, 18, 36, *42+ Mansfield ...... *47+, 68-

169

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.606 47 CFR Ch. I (10–1–99 Edition)

OHIOÐContinued PENNSYLVANIA [See footnotes at end of tables] [See footnotes at end of tables]

Channel No. Channel No.

Newark ...... *31-, 51 Allentown ...... *39, 69 Oxford ...... *14+ Altoona ...... 10-, 23-, 47, *57+ Portsmouth ...... 30, *42- Bethlehem ...... 60- Sandusky ...... 52 Clearfield ...... *3+ Shaker Heights 19. Erie ...... 12, 24, 35+, *54+, 66+ Greensburg ...... 40+ Springfield ...... 26+, *66 Harrisburg ...... 21+, 27-, *33+ Steubenville ...... 9+, *62+ Hazleton ...... 56 Toledo ...... 11-, 13, 24-, *30+, 36-, and 40- Jeanette ...... 19+ Xenia ...... 32 Johnstown ...... 6, 8-, 19+, *28+ Youngstown ...... 21-, 27, 33, *58 Lancaster ...... 8+, 15+ Zanesville ...... 18- Lebanon ...... 55- Philadelphia ...... 3, 6-, 10, 17-, 29, *35-, 57 Pittsburgh ...... 2-, 4+, 11, *13-, *16, 22, 53+ OKLAHOMA Reading ...... 51 [See footnotes at end of tables] Red Lion ...... 49+ Scranton ...... 16-, 22-, 38+, *44-, 64 Channel No. State College ...... 29+, and *59+ Wilkes Barre ...... 28 Ada ...... 10+, *22 Williamsport ...... 1 20-, 53- Altus ...... *27 York ...... 43, Ardmore ...... *17, *28- Bartlesville ...... 17+ RHODE ISLAND Cheyenne ...... 12+ Claremore ...... *35 [See footnotes at end of tables] Duncan ...... 40+ Channel No. Elk City ...... *15-, and 31 Enid ...... 20-, *26+ Block Island ...... 69- Eufaula ...... *3 Providence ...... 10+, 12+, 1 16, *36, 64+ Grove ...... 45+ Guymon ...... 9+, *16 Hugo ...... 42+, 1 *15+, *48+ SOUTH CAROLINA Lawton ...... 7+, *36-, 16-, 45 McAlester ...... *32- Channel No. Miami ...... *18- Muskogee ...... 19 Aiken ...... *44 Norman ...... 46- Allendale ...... *14 Oklahoma City ...... 4-, 5, 9-, *13, 14-, 25-, 34-, 43+, 52, Anderson ...... 40 and 62+ Beaufort ...... *16- Okmulgee ...... 44- Charleston ...... 2+, 4, 5+, *7-, 24, and 36+ Columbia ...... 10-, 19+, 25-, *35+, 47, 57- Sayre ...... 8+ Conway ...... *23+ Shawnee ...... 30 Florence ...... 13+, 15-, 21, *33+ Tulsa ...... 2+, 6+ 8-, *11-, 23, 41+, 47, 53, and Georgetown ...... *41- *63 Greenville ...... 4-, 16+, *29 Woodward ...... *17-, 35+ Greenwood ...... *38, 48+ Hardeeville ...... 28- Myrtle Beach ...... 32, 43+ OREGON Rock Hill ...... 30+, 55- Spartanburg ...... 7+, 49 Channel No. Sumter ...... *27- and 63- Astoria ...... *21 Bend ...... *3+, *15, 21+ SOUTH DAKOTA Brookings ...... *14- Burns ...... *18 Channel No. Coos Bay ...... 11, 23+, 41 Corvallis ...... *7- Aberdeen ...... 9-, *16- Eugene ...... 9+, 13, 16+, *28-, and 34 Allen ...... 22+ Grants Pass ...... *18+, 30+ Brookings ...... *8 Klamath Falls ...... 2-, *22+, and 31 Eagle Butte ...... *13 LaGrande ...... *13+, 16 Florence ...... 3- Medford ...... 5, *8+, 10+, 12+, and 26+ Huron ...... 12+ North Bend ...... *17+ Lead ...... 5-, 11+ Pendleton ...... 11- Lowry ...... *11-, 56, 62+, 68- Portland ...... 2, 6+, 8-, *10, 12, 24+, *30, 40- Martin ...... *8- Roseburg ...... 4+, 36, 46+ Mitchell ...... 5+ Salem ...... 22, 32 Pierre ...... 4, *10+ The Dalles ...... *17- Rapid City ...... 3+, 7+, *9, 15-, 21- Reliance ...... 6-

170

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.606

SOUTH DAKOTAÐContinued TEXASÐContinued

Channel No. Channel No.

Seneca ...... *2- Greenville ...... 47+ Sioux Falls ...... 11, 13+, 17-, *23, 36+, 46 Harlingen ...... 4+, *44, 60 Vermillion ...... *2+ Houston ...... 2-, *8, 11+, 13-, *14, 20, 26, 39-, and 61 Irving ...... 49 TENNESSEE Jacksonville ...... 56 Katy ...... 51+ Channel No. Kennville ...... 35+ Killeen ...... 62 Athens ...... *24 Lake Dallas ...... 55 Chattanooga ...... 3+, 9, 12+, *45, 61- Laredo ...... 8, 13, 27-, *39 Cleveland ...... 53 Liano ...... 14- Cookeville ...... *22, 28+ Longview ...... 16+, 51-, and 54+ Crossville ...... 20+, *55+ Lubbock ...... *5-,11,13-, 16+, 28, and 34- Fayetteville ...... *29- Lufkin ...... 9 Greeneville ...... 39- McAllen ...... 48 Hendersonville ...... 50 Marfa ...... 3 Jackson ...... 7+, 16+, *32+ Marshall ...... *22-, 35+ Jellico ...... 54- Midland ...... 2-, 18 Johnson City ...... 11-, *41 Mineola ...... 64+ Kingsport ...... 19 Monahans-Odessa .... 9- Knoxville ...... 6, 8, 10+, *15-, 26-, 43+ Nacogdoches ...... 19-, *32 Lebanon ...... 66-- Odessa ...... 7-, 24-, 30, *36+, and 42 Lexington ...... *11+ Palestine ...... 43 Livingston ...... 60- Paris, Texas ...... 36+, 42+ McMinnville ...... 33+ Port Arthur ...... 4- Memphis ...... 3-, 5+, *10+, 13+, *14+, 24, 30, 50+, Presidio ...... 7+ and *56 Rio Grande City ...... 40 Murfreesboro ...... 39+ Rosenberg ...... 45 Nashville ...... 2-, 4+, 5, *8+, 17+, 30+, *42, and 58 San Angelo ...... 3-, 6, 8+, *21+ Sneedville ...... *2+ San Antonio ...... 4, 5, *9-, 12+, *23-, 29+, 41+, and Tazewell ...... 48+ 60+ Tullahoma ...... 64+ Sherman ...... 12-, 20-, *26- Union City ...... 41 Snyder ...... 17- Sonora ...... 11+ Sulphur Springs ...... 18 TEXAS Sweetwater ...... 12 Temple ...... 6+, Channel No. Texarkana ...... 6, 17-, *34 Tyler ...... 7,14+, *38, and 60 Abilene ...... 9+, 15, *26+, 32+ Uvalde ...... 26- Alpine ...... 12- Victoria ...... 19+, 25, 31, and *47 Alvin ...... 67 Waco ...... 10+, 25+, *34+, 44- Amarillo ...... *2+, 4, 7, 10, 14+ Weslaco ...... 5- Austin ...... 7+, *18+, 24, 36, 42-, and 54 Wichita Falls ...... 3+, 6-, 18-, *24 Bay City ...... *43+ Wolfforth ...... 22- Baytown ...... 57+ Beaumont ...... 6-, 12-, 21, *34- Belton ...... 46- UTAH Big Spring ...... 4-, *14 Blanco ...... 52+ Channel No. Boquillas ...... 8- Brady ...... 13 Cedar City ...... 4, *16+ Brownsville ...... 23 Logan ...... 12-, *22 Bryan ...... 3, 28 Moab ...... *14+ Childress ...... *21 Monticello ...... *16- College Station ...... *15, 50- Ogden ...... *9+, *18-, 24, 30 Conroe ...... 49+ and 55+ Price ...... 3+, *15 Corpus Christi ...... 3-, 6, 10-, *16, 28-, 38+ Provo ...... *11-, 16, 32 Crockett ...... 40 Richfield ...... 8+, *19 Dallas ...... 4+, 8, *13+, 27-, 33+, 39, and 58 Salt Lake City ...... 2-, 4-, 5+, *7-, 13+, 14-, 20+, *26- Decatur ...... 29 St. George ...... 12, *18- Del Rio ...... 10, *24+ Vernal ...... 6, *17+ Denton ...... *2 Eagle Pass ...... 16+ El Paso ...... 4, 7, 9, *13, 14, 26+, *38--, and 65 VERMONT Farwell ...... 18+ Fort Stockton ...... 5+ Channel No. Fort Worth ...... 5+, 11-, 21-, *31+, and 52- Fredericksburg ...... 2+ Burlington ...... 3, 22+, *33-, 44+ Galveston ...... *22, 48 Hartford ...... 31 Garland ...... 23 Rutland ...... *28+

171

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.606 47 CFR Ch. I (10–1–99 Edition)

VERMONTÐContinued WEST VIRGINIAÐContinued [See footnotes at end of tables] Channel No. Channel No. St. Johnsbury ...... *20- Windsor ...... *41 Clarksburg ...... 12+, 46- Fairmont ...... 66- VIRGINIA Grandview ...... *9- Huntington ...... 3+, 13+, *33+ Channel No. Keyser ...... *30+ Lewisburg ...... 59 Arlington ...... 14- Martinsburg ...... *44, 60+ Ashland ...... 65+ Morgantown ...... *24- Blacksburg ...... *43, 65- Oak Hill ...... 4 Bristol ...... 5+, *28- Parkersburg ...... 15-, 39+, *57 Bluefield ...... *63+ Weirton ...... *50+ Charlottesville ...... 29-, *41-, 64+ Weston ...... 5 Courtland ...... *52 Wheeling ...... 7, 1 14, *41 Danville ...... 24-, 44+, *56 Williamson ...... *31+ Farmville ...... *31- Fairfax ...... *56- Fredericksburg ...... 69+ WISCONSIN Front Royal ...... *42 Goldvein ...... *53 Channel No. Grundy ...... 68 Harrisonburg ...... 3- Antigo ...... 46 Lynchburg ...... 13, 21-, *54+ Appleton ...... 32+ Manassas ...... 66+ Bloomington ...... *49 Marion ...... *52- Chippewa Falls ...... 48 Norfolk-Portsmouth- 3+, 10+, 13-, *15, 27, 33, 49- and Crandon ...... 4 Newport News-. Eagle River ...... 34 Hampton ...... *55+ Eau Claire ...... 13+, 18 Norton ...... *47- Fond du Lac ...... 68 Onancock ...... *25+ Green Bay ...... 2+, 5+, 11+, 26+, *38, 44+ Petersburg ...... 8 Highland ...... *51 Richmond ...... 6+, 12-, *23, 35+, *57-, 63 Janesville ...... 57+ Roanoke ...... 7-, 10, *15+, 27+, 38-, and 60 Kenosha ...... 55- Staunton ...... *51- Kieler ...... *46+ Virginia Beach ...... 21+, 43+ LaCrosse ...... 8+, 19+, 25, *31 West Point ...... *46 Madison ...... 3, 15, *21-, 27+, 47+ Manitowoc ...... 16+ Marshfield ...... 39- WASHINGTON Mayville ...... 52 Menomonie ...... *28- Channel No. Milwaukee ...... 4-, 6, *10+, 12, 18-, 24+, 30, *36, and 58 Anacortes ...... 64 Oshkosh ...... 22+and *50+ Bellevue ...... 33+, 51+ Park Falls ...... *36+ Bellingham ...... 12+, 24, *34 Racine ...... 49+ Centralia ...... *15+ Rhinelander ...... 12+ East Wenatchee ...... 249A Rice Lake ...... 16 Everett ...... 16- Richland Center ...... 45+ Kennewick ...... 42+ Sheboygan ...... 28 Morton ...... 39 Sturgeon Bay ...... 42 Olympia ...... 67 Superior ...... 6+, 40 Pasco ...... 19- Suring ...... 14- Pullman ...... *10-, 24+ Tomah ...... 43 Richland ...... 25, *31 Wausau ...... 7-, 9, *20+, 33- Rochester ...... 26+ Wittenberg ...... 55 Seattle ...... 4, 5+, 7, *9, 22+, 45+, and *62 Spokane ...... 2-, 4-, 6-,*7+22, 28-, and 34- Tacoma ...... 11+, 13-, 20, *28, and *56 WYOMING Vancouver ...... *14, 49 Walla Walla ...... 9+ Channel No. Wenatchee ...... *18+, 27 Yakima ...... 23+, 29+, 35, *47 Casper ...... 2+, *6+, 13+, 14-, 20- Cheyenne ...... 5+, *17, 27-, 33- WEST VIRGINIA Jackson ...... 2, 11+ Lander ...... *4, 5 [See footnotes at end of tables] Laramie ...... *8+ Rawlins ...... 11- Channel No. Riverton ...... 10+ Rock Springs ...... 13 Bluefield ...... 6-, 40- Sheridan ...... 7, 9+, 12+ Charleston ...... 8+, 11+, 23, 29, *49-

172

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00172 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.609

U.S. TERRITORIES AND POSSESSIONS Table, will not be accepted for filing. [See footnotes at end of tables] However, applications specifying channels which accord with publicly an- Channel No. nounced FCC Orders changing the Guam: Table of Allotments will be accepted Agana ...... *4, 8, 10, *12 for filing even though such applica- Tamuning ...... 14, 20 Puerto Rico: tions are tendered before the effective Aguada ...... 50 dates of such channel changes. Aguadilla ...... *32, 44 Arecibo-Aguadilla ... 12+ [51 FR 44070, Dec. 8, 1986] Arecibo ...... 54, 60 Bayamon ...... 36 § 73.609 Zones. Caguas ...... 11-, *58 Carolina ...... 52 (a) For the purpose of allotment and Cayey. assignment, the United States is di- Fajardo ...... 13+, 34, and *40 Guayama ...... 46 vided into three zones as follows: Humacoa ...... 68 (1) Zone I consists of that portion of Mayaguez ...... 3+, 5-, 16, 22 the United States located within the Naranjito ...... 64 Ponce ...... 7+, 9-, 14, 20, *26, 48 confines of the following lines drawn San Juan ...... 2+, 4-, *6+, 18, 24, 30, and *62 on the U.S. Albers Equal Area Projec- San Sebastian ...... 38 tion Map (based on standard parallels Utuado. 1 ° 1 ° Yauco ...... 42 29 ⁄2 and 45 ⁄2 ; North American datum): Virgin Islands: Beginning at the most easterly point Charlotte Amalie .... 10-, 17, *23, 43 on the State boundary line between Charlotte Amalie- *3, 6 *12 Christiansted. North Carolina and Virginia; thence in Christiansted ...... 8+, 15, *21, 27 a straight line to a point on the Vir- Frederiksted ...... 66 ginia-West Virginia boundary line lo- Footnotes to tables: cated at north latitude 37°49′ and west 1 Following the decision in Docket No. 18261, channels so longitude 80°12′30″; thence westerly indicated will not be available for television use until further action by the Commission. along the southern boundary lines of 2 Operation on this channel is subject to the conditions, the States of West Virginia, Ohio, Indi- terms, and requirements set out in the Report and Order in Docket No. 19075, RM±1645, adopted January 5, 1972, re- ana, and Illinois to a point at the junc- leased January 7, 1972, FCC 72±19. tion of the Illinois, Kentucky, and Mis- 3 [Reserved] 4 This channel is not available for use at Elgin unless and souri State boundary lines; thence until it is determined by the Commission that it is not needed northerly along the western boundary for use at Joliet, Ill. 5 [Reserved] line of the State of Illinois to a point 6 Stations using these allotments shall limit radiation toward at the junction of the Illinois, Iowa, stations on the same channel in Puerto Rico, to no more than the effective radiated power which would be radiated by an and Wisconsin State boundary lines; omnidirectional radio station using maximum permissible ef- thence easterly along the northern fective radiated power for antenna height above average terrain, at the minimum distances from such stations specified in State boundary line of Illinois to the Sec. 73.610(b). The FCC shall consider the status of the ne- 90th meridian; thence north along this gotiations with the appropriate British authorities concerning ° these allotments when the applications for construction per- meridian to the 43.5 parallel; thence mits come before the FCC. east along this parallel to the United States-Canada border; thence southerly (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) and following that border until it again [28 FR 13660, Dec. 14, 1963] intersects the 43.5° parallel; thence east EDITORIAL NOTE: For FEDERALREGISTER ci- along this parallel to the 71st meridian; tations affecting § 73.606, see the List of CFR thence in a straight line to the inter- Sections Affected in the Finding Aids sec- section of the 69th meridian and the tion of this volume. 45th parallel; thence east along the 45th parallel to the Atlantic Ocean. § 73.607 Availability of channels. When any of the above lines pass Applications may be filed to con- through a city, the city shall be consid- struct TV broadcast stations only on ered to be located in Zone I. (See Fig- the channels designated in the Table of ure 1 of § 73.699.) Allotments (§ 73.606(b)) and only in the (2) Zone II consists of that portion of communities listed therein. Applica- the United States which is not located tions which fail to comply with this re- in either Zone I or Zone III, and Puerto quirement, whether or not accom- Rico, Alaska, Hawaiian Islands and the panied by a petition to amend the Virgin Islands.

173

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00173 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.610 47 CFR Ch. I (10–1–99 Edition)

(3) Zone III consists of that portion of (b) Minimum co-channel allotment the United States located south of a and station separations: line, drawn on the United States Albers (1) Equal Area Projection Map (based on Kilometers standard parallels 29.50 and 45.50 North Zone American datum), beginning at a point Channels 2±13 Channels 14±69 on the east coast of Georgia and the I ...... 272.7 (169.5 miles) 248.6 (154.5 miles) 31st parallel and ending at the United II ...... 304.9 (189.5 miles) 280.8 (174.5 miles) States-Mexican border, consisting of III ...... 353.2 (219.5 miles) 329.0 (204.5 miles) arcs drawn with a 241.4 kilometer (150 mile) radius to the north from the fol- (2) The minimum co-channel distance lowing specified points: separation between a station in one zone and a station in another zone West lon- shall be that of the zone requiring the North latitude gitude lower separation. (a) ...... 29°40′00″ 83°24′00″ (c) Minimum allotment and station (b) ...... 30°07′00″ 84°12′00″ adjacent channel separations applica- ° ′ ″ ° ′ ″ (c) ...... 30 31 00 86 30 00 ble to all zones: (d) ...... 30°48′00″ 87°58′30″ (e) ...... 30°00′00″ 90°38′30″ (1) Channels 2–13 95.7 kilometers (59.5 (f) ...... 30°04′30″ 93°19′00″ miles). Channels 14–69 87.7 kilometers (g) ...... 29°46′00″ 95°05′00″ (54.5 miles). (h) ...... 28°43′00″ 96°39′30″ (2) Due to the frequency spacing ° ′ ″ ° ′ ″ (i) ...... 27 52 30 97 32 00 which exists between Channels 4 and 5, between Channels 6 and 7, and between When any of the above arcs pass Channels 13 and 14, the minimum adja- through a city, the city shall be consid- cent channel separations specified ered to be located in Zone II. (See Fig- above shall not be applicable to these ure 2 of § 73.699.) pairs of channels (see § 73.603(a)). [28 FR 13660, Dec. 14, 1963, as amended at 33 (d) In addition to the requirements of FR 15422, Oct. 17, 1968; 50 FR 23697, June 5, paragraphs (a), (b) and (c) of this sec- 1985; 51 FR 44070, Dec. 8, 1986] tion, the minimum assignment and station separations between stations on § 73.610 Minimum distance separations Channels 14–69, inclusive, as set forth between stations. in Table II of § 73.698 must be met in ei- (a) The provisions of this section re- ther rule-making proceedings looking late to allotment separations and sta- towards the amendment of the Table of tion separations. Petitions to amend Assignments (§ 73.606(b)) or in licensing the Table of Allotments (§ 73.606(b)) proceedings. No channel listed in col- (other than those also expressly re- umn (1) of Table II of § 73.698 will be as- questing amendment of this section or signed to any city, and no application § 73.609) will be dismissed and all appli- for an authorization to operate on such cations for new TV broadcast stations a channel will be granted, unless the or for changes in the transmitter sites distance separations indicated at the of existing stations will not be accept- top of columns (2) through (7), inclu- ed for filing if they fail to comply with sive, are met with respect to each of the requirements specified in para- the channels listed in those columns graphs (b), (c) and (d) of this section. and parallel with the channel in col-

NOTE: Licensees and permittees of tele- umn (1). vision broadcast stations which were oper- (e) The zone in which the transmitter ating on April 14, 1952 pursuant to one or of a television station is located or pro- more separations below those set forth in posed to be located determines the ap- § 73.610 may continue to so operate, but in no plicable rules with respect to co-chan- event may they further reduce the separa- nel distance separations where the tions below the minimum. As the existing transmitter is located in a different separations of such stations are increased, zone from that in which the channel to the new separations will become the required minimum separations until separations are be employed is located. reached which comply with the requirements (f) The distances listed below apply of § 73.610. Thereafter, the provisions of said only to allotments and assignments on section shall be applicable. Channel 6 (82–88 MHz). The Commission

174

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00174 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.611

will not accept petitions to amend the rior entitled, Index to The National Table of Allotments, applications for Atlas of the United States of America. If new stations, or applications to change this publication does not contain the the channel or location of existing as- coordinates for said other community, signments where the following min- the coordinates of the main post office imum distances (between transmitter thereof shall be used. sites, in kilometers) from any FM (3) Where no authorized transmitter Channel 253 allotment or assignment sites are available for use as reference are not met: points in both communities for the pertinent channels, the distance between MINIMUM DISTANCE SEPARATION FROM FM the two communities listed in the CHANNEL 253 (98.5 MHZ) above publication shall be used. If said publication does not contain such dis- Fm Class TV Zone I TV Zones II & III tance, the separation between the two A ...... 17 22 communities shall be determined by B1 ...... 19 23 the distance between the coordinates B ...... 22 26 thereof as set forth in the publication. C3 ...... 19 23 C2 ...... 22 26 Where such coordinates are not con- C1 ...... 29 33 tained in the publication, the coordi- C ...... 36 41 nates of the main post offices of said communities shall be used. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (4) Where the distance between the 1068, 1082 (47 U.S.C. 154, 155, 303)) reference point in a community to [28 FR 13660, Dec. 14, 1963, as amended at 37 which a channel is proposed to be as- FR 25842, Dec. 5, 1972; 44 FR 65765, Nov. 15, signed and the reference point in an- 1979; 47 FR 35990, Aug. 18, 1982; 50 FR 23698, other community or communities does June 5, 1985; 51 FR 44070, Dec. 8, 1986; 54 FR not meet the minimum separation re- 14964, Apr. 14, 1989; 54 FR 16368, Apr. 24, 1989; quirements of § 73.610, the channel may 54 FR 35340, Aug. 25, 1989] be assigned to such community upon a § 73.611 Reference points and distance showing that a transmitter site is computations. available that would meet the minimum separation requirements of (a) In considering petitions to amend § 73.610 and the minimum field strength the Table of Allotments (§ 73.606(b)), the following reference points shall be requirements of § 73.685. In such cases, used by the Commission in determining where a station is not authorized in the assignment separations between com- community or communities to which munities: measurements from the proposed chan- (1) Where transmitter sites for the nel assignment must be made pursuant pertinent channels have been author- to § 73.610 a showing should also be ized in communities involved in a peti- made that the distance between suit- tion to amend the Table of Allotments, able transmitter sites in such other separations between such communities community or communities and the shall be determined by the distance be- proposed transmitter site for the new tween the coordinates of the author- channel meet the Commission’s min- ized transmitter sites in the respective imum spacing and coverage require- communities as set forth in the Com- ments. mission’s authorizations therefor. (b) Station separations in licensing (2) Where an authorized transmitter proceedings shall be determined by the site is available for use as a reference distance between the coordinates of the point in one community but not in the proposed transmitter site in one com- other for the pertinent channels, sepa- munity and rations shall be determined by the dis- (1) The coordinates of an authorized tance between the coordinates of the transmitter site for the pertinent chan- transmitter site as set forth in the nel in the other community; or, where FCC’s authorization therefor and the such transmitter site is not available coordinates of the other community as for use as a reference point, set forth in the publication of the (2) The coordinates of the other com- United States Department of the Inte- munity as set forth in the Index to The

175

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00175 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.612 47 CFR Ch. I (10–1–99 Edition)

National Atlas of the United States of the protection afforded under the min- America; or if not contained therein, imum distance separations specified in (3) The coordinates of the main post this subpart. office of such other community. (4) In addition, where there are pend- NOTE: The nature and extent of the protection from interference accorded to TV broad- ing applications in other communities cast stations which were authorized prior to which, if granted, would have to be April 14, 1952, and which were operating on considered in determining station sepa- said date is limited not only as specified rations, the coordinates of the trans- above but is further limited by any smaller mitter sites proposed in such applica- separations existing between such stations tions must be used to determine wheth- on said date. Where, as a result of the adop- er the requirements with respect to tion of the Table of Allotments or of changes minimum separations between the pro- in transmitter sites made by such stations posed stations in the respective cities after said date, separations smaller than the required minimum are increased but still re- have been met. main lower than the required minimum, pro- (c) In measuring assignment and sta- tection accorded such stations will be lim- tion separations involving cities listed ited to the new separations. in the Table in combination, where there is no authorized transmitter site [28 FR 13660, Dec. 14, 1963, as amended at 32 in any of the combination cities on the FR 8814, June 21, 1967; 50 FR 23698, June 5, channel involved, separation measure- 1985; 51 FR 44070, Dec. 8, 1986] ments shall be made from the reference point which will result in the lowest § 73.614 Power and antenna height re- separation. quirements. (d) To calculate the distance between (a) Minimum requirements. Applica- two reference points see paragraph (c), tions will not be accepted for filing if § 73.208. However, distances shall be they specify less than ¥10 dBk (100 rounded to the nearest tenth of a kilowatts) horizontally polarized visual ef- meter. fective radiated power in any horizontal direction. No minimum antenna [52 FR 11655, Apr. 10, 1987] height above average terrain is speci- § 73.612 Protection from interference. fied. (b) Maximum power. Applications will (a) Permittees and licensees of TV not be accepted for filing if they speci- broadcast stations are not protected fy a power which exceeds the maximum from any interference which may be caused by the grant of a new station or permitted boundaries specified in the of authority to modify the facilities of following formulas: an existing station in accordance with (1) Channels 2–6 in Zone I:

the provisions of this subpart. The na- ERPMax=102.57–33.24*Log10(HAAT) ture and extent of the protection from interference accorded to TV broadcast And, stations is limited solely to the protec- ¥10 dBk ≤ ERPMax≤20 dBk tion which results from the minimum allotment and station separation re- (2) Channels 2–6 in Zones II and III: quirements and the rules and regula- ERPMax=67.57–17.08* Log10 (HAAT) tions with respect to maximum powers And, and antenna heights set forth in this ≤ ≤ subpart. 10 dBk ERPMax 20 dBk (b) When the Commission determines (3) Channels 7–13 in Zone I: that grant of an application would serve the public interest, convenience, ERPMax=107.57–33.24* Log10 (HAAT) and necessity and the instrument of And, authorization specifies an antenna lo- ¥4.0 dBk ≤ ERP ≤25 dBk cation in a designated antenna farm Max area which results in distance separa- (4) Channels 7–13 in Zones II and III: tion less than those specified in this ERP =72.57–17.08* Log (HAAT) subpart, TV broadcast station permit- Max 10 tees and licensees shall be afforded pro- And,

tection from interference equivalent to 15 dBk ≤ ERPMax≤25 dBk 176

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00176 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.621

(5) Channels 14–69 in Zones I, II, and converting dBk to kWs to 3 significant III: figures. Antenna heights above average terrain will be specified to the nearest ERP =84.57–17.08* Log (HAAT) Max 10 meter. Midway figures will be author- And, ized in the lower alternative. ≤ ≤ 27 dBk ERPMax 37 dBk [50 FR 23698, June 5, 1985] Where: § 73.621 Noncommercial educational ERPMax=Maximum Effective Radiated Power TV stations. measured in decibels above 1 kW (dBk). HAAT=Height Above Average Terrain meas- In addition to the other provisions of ured in meters. this subpart, the following shall be applicable to noncommercial educational The boundaries specified are to be used television broadcast stations: to determine the maximum possible (a) Except as provided in paragraph combination of antenna height and (b) of this section, noncommercial edu- ERPdBk. When specifying an ERPdBk less cational broadcast stations will be li- than that permitted by the lower censed only to nonprofit educational boundary, any antenna HAAT can be organizations upon a showing that the used. Also, for values of antenna HAAT proposed stations will be used pri- greater than 2,300 meters the maximum marily to serve the educational needs ERP is the lower limit specified for of the community; for the advance- each equation. ment of educational programs; and to (6) The effective radiated power in furnish a nonprofit and noncommercial any horizontal or vertical direction television broadcast service. may not exceed the maximum values (1) In determining the eligibility of permitted by this section. publicly supported educational organi- (7) The effective radiated power at zations, the accreditation of their re- any angle above the horizontal shall be spective state departments of edu- as low as the state of the art permits, cation shall be taken into consider- and in the same vertical plane may not ation. exceed the effective radiated power in (2) In determining the eligibility of either the horizontal direction or below privately controlled educational orga- the horizontal, whichever is greater. nizations, the accreditation of state de- (c) Determination of applicable rules. partments of education or recognized The zone in which the transmitter of a regional and national educational ac- television station is located or pro- crediting organizations shall be taken posed to be located determines the ap- into consideration. plicable rules with respect to max- (b) Where a municipality or other po- imum antenna heights and powers for litical subdivision has no independ- VHF stations when the transmitter is ently constituted educational organiza- located in Zone I and the channel to be tion such as, for example, a board of employed is located in Zone II, or the education having autonomy with re- transmitter is located in Zone II and spect to carrying out the municipal- the channel to be employed is located ity’s educational program, such mu- in Zone I. nicipality shall be eligible for a noncommercial educational television [28 FR 13660, Dec. 14, 1963, as amended at 42 FR 20823, Apr. 22, 1977; 42 FR 48881, Sept. 26, broadcast station. In such cir- 1977; 47 FR 35990, Aug. 18, 1982; 50 FR 23698, cumstances, a full and detailed show- June 5, 1985; 56 FR 49707, Oct. 1, 1991; 58 FR ing must be made that a grant of the 51250, Oct. 1, 1993] application will be consistent with the intent and purpose of the Commission’s § 73.615 Administrative changes in au- rules and regulations relating to such thorizations. stations. In the issuance of television broad- (c) Noncommercial educational telecast station authorizations, the Com- vision broadcast stations may transmit mission will specify the transmitter educational, cultural and entertain- output power and effective radiated ment programs, and programs designed power to the nearest 0.1 dBk. Power for use by schools and school systems specified by kWs shall be obtained by in connection with regular school

177

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00177 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.622 47 CFR Ch. I (10–1–99 Edition)

courses, as well as routine and admin- § 73.682(a)(22)(ii) may be used for remu- istrative material pertaining thereto. nerative purposes. (d) A noncommercial educational tel- [28 FR 13660, Dec. 14, 1963, as amended at 35 evision station may broadcast pro- FR 7558, May 15, 1970; 47 FR 36179, Aug. 19, grams produced by or at the expense of, 1982; 48 FR 27068, June 13, 1983; 49 FR 29069, or furnished by persons other than the July 18, 1984; 50 FR 4664, Feb. 1, 1985; 50 FR licensee, if no other consideration than 4684, Feb. 1, 1985; 61 FR 36304, July 10, 1996] the furnishing of the program and the § 73.622 Digital television table of al- costs incidental to its production and lotments. broadcast are received by the licensee. (a) General. The following table of al- The payment of line charges by an- lotments contains the digital tele- other station, network, or someone vision (DTV) channel allotments des- other than the licensee of a non- ignated for the listed communities in commercial educational television sta- the United States, its Territories, and tion, or general contributions to the possessions. The initial DTV Table of operating costs of a station, shall not Allotments was established on April 3, be considered as being prohibited by 1997, to provide a second channel for this paragraph. DTV service for all eligible analog tele- (e) Each station shall furnish a non- vision broadcasters. Requests for addi- profit and noncommercial broadcast tion of new DTV allotments, or re- service. Noncommercial educational quests to change the channels allotted television stations shall be subject to to a community must be made in a pe- the provisions of § 73.1212 to the extent tition for rule making to amend the that they are applicable to the broad- DTV Table of Allotments. A request to cast of programs produced by, or at the amend the DTV table to change the expense of, or furnished by others. No channel of an allotment in the DTV promotional announcements on behalf of table will be evaluated for technical for profit entities shall be broadcast at acceptability using engineering cri- any time in exchange for the receipt, in teria set forth in § 73.623(c). A request whole or in part, of consideration to to amend the DTV table to add a new allotment will be evaluated for tech- the licensee, its principals, or employ- nical acceptability using the geo- ees. However, acknowledgements of graphic spacing criteria set forth in contributions can be made. The sched- § 73.623(d). DTV allotments designated uling of any announcements and ac- with an asterisk are assigned for use by knowledgements may not interrupt reg- non-commercial educational broadcast ular programming. stations only. Stations operating on NOTE: Commission interpretation of this DTV allotments designated with a ‘‘c’’ rule, including the acceptable form of ac- are required to comply with paragraph knowledgements, may be found in the Sec- (g) of this section. ond Report and Order in Docket No. 21136 (1) Petitions requesting the addition (Commission Policy Concerning the Non- of a new allotment must specify a commercial Nature of Educational Broadcast channel in the range of channels 2–51. Stations), 86 F.C.C. 2d 141 (1981); the Memo- (2) Petitions requesting a change in randum Opinion and Order in Docket No. the channel of an initial allotment 21136, 90 FCC 2d 895 (1982), and the Memo- must specify a channel in the range of randum Opinion and Order in Docket 21136, channels 2–59. 49 FR 13534, April 5, 1984. (b) DTV Table of Allotments. (f) Telecommunications Service on the Vertical Blanking Interval and in ALABAMA the Visual Signal. The provisions gov- Community Channel No. erning VBI and visual signal tele- Anniston ...... 58 communications service in § 73.646 are Bessemer ...... 18c applicable to noncommercial edu- Birmingham ...... 30, 36, 50, 52, *53 cational TV stations. Demopolis ...... *19 Dothan ...... 21, 36 (g) Non-program related data signals Dozier ...... *59 transmitted on Line 21 pursuant to Florence ...... 14, 20, *22 Gadsden ...... 26, 45c

178

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00178 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.622

ALABAMAÐContinued CALIFORNIAÐContinued

Community Channel No. Community Channel No.

Homewood ...... 28 Ceres ...... *15c Huntsville ...... *24, 32c, 41, 49c, 59 Chico ...... 36, 43 Louisville ...... *44c Clovis ...... 44c Mobile ...... 9, 20, 27, *41, 47 Coalinga ...... *22 Montgomery ...... *14, 16, 46c, 51, 57 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 ...... 34c Fresno ...... 7, 9, 14, 16, *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 ...... 38 Modesto ...... 18 Anchorage ...... 18, 20, 22, *24, *26, 28, 30, 32 Monterey ...... 31, 32 Bethel ...... *3 Novato ...... 47 Dillingham ...... *9 Oakland ...... 56 Fairbanks ...... 18, 22, *24, 26, 28 Ontario ...... 47c Juneau ...... *6, 11 Oxnard ...... 24 Ketchikan ...... *8, 13 Palm Springs ...... 46, 52 North Pole ...... 20 Paradise ...... 20 Sitka ...... 2 Porterville ...... 48 Rancho Palos Verdes 51c Redding ...... 14, *18 ARIZONA Riverside ...... 68 Sacramento ...... 21, 35, 48, *53, 55, 61 Community Channel No. Salinas ...... 13, 43 San Bernardino ...... *26, 38 Flagstaff ...... 18, 22, 27, 32 San Diego ...... 18, 19, 25, *30, 40c, 55 Green Valley ...... 47c San Francisco ...... 19, 24, 27c, 29, *30, *33c, 39c, 45c, Kingman ...... 19, *46 51, 57 Lake Havasu City ...... 32 San Jose ...... 12c, 41, 49c, *50, 52 Mesa ...... 36 San Luis Obispo ...... 15, 34c Phoenix ...... 17, 20, 24, 26, *29, 31, 34c, 49, 56 Prescott ...... 25 San Mateo ...... *59 Sierra Vista ...... 44 Sanger ...... 36 Tolleson ...... 52c Santa Ana ...... 23c Tucson ...... 19c, 23, 25, *28c, *30, 32, 35, 42 Santa Barbara ...... 21, 27 Yuma ...... 16, 41 Santa Maria ...... 19 Santa Rosa ...... 54 Stockton ...... 25, 46, 62 ARKANSAS Twentynine Palms ..... 23 Vallejo ...... 34 Community Channel No. Ventura ...... 49 Visalia ...... 28, *50c Arkadelphia ...... *46 Watsonville ...... *58 El Dorado ...... 27 Fayetteville ...... 15, *45 Fort Smith ...... 18, 21, 27 COLORADO Hot Springs ...... 14 Jonesboro ...... 9c, *20c, 49c Community Channel No. Little Rock ...... 12c, 22, 30, 32, 43c, *47 Mountain View ...... *35 Boulder ...... 15c Newark ...... *27 Broomfield ...... *38 Pine Bluff ...... 24, 39c Castle Rock ...... 46 Rogers ...... 50 Colorado Springs ...... 10, 22c, 24 Springdale ...... 39 Craig ...... *48 Denver ...... 16, 17, *18, 19, 32c, 34, 35, *40, 43, 51c CALIFORNIA Durango ...... 15 Fort Collins ...... 21 Community Channel No. Glenwood Springs ..... 23, *39 Grand Junction ...... 2, 7, 12c, 15, *17 Anaheim ...... 32 La Junta ...... *30 Arcata ...... 22 Lamar ...... *50 Bakersfield ...... 10, 25, 33, 55 Leadville ...... *49 Barstow ...... 44 Longmont ...... 29 Blythe ...... *4 Montrose ...... 13 Calipatria ...... 50 Pueblo ...... *26, 42

179

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00179 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.622 47 CFR Ch. I (10–1–99 Edition)

COLORADOÐContinued FLORIDAÐContinued

Community Channel No. Community Channel No.

Steamboat Springs .... 10 Tequesta ...... 16 Sterling ...... 23 Tice ...... 33 Venice ...... 25 West Palm Beach ...... 13c, *27, 28, 55 CONNECTICUT

Community Channel No. GEORGIA

Bridgeport ...... 42, *52 Community Channel No. Hartford ...... 5, *32, 33, 46 New Britain ...... 35 Albany ...... 17, 30 New Haven ...... 6, 10, *39 Athens ...... *22, 48 New London ...... 34 Atlanta ...... 10, 19, 20, *21, 25, 27, 39, *41, 43 Norwich ...... *45 Augusta ...... 30, 31, 42, 51 Waterbury ...... 12 Bainbridge ...... 50c Baxley ...... 35c Brunswick ...... 24 DELAWARE Chatsworth ...... *33 Cochran ...... *7 Community Channel No. Columbus ...... 15, *23, 35, 47, 9 Cordele ...... 51 Seaford ...... *44 Dalton ...... 16 Wilmington ...... 31, *55 Dawson ...... *26c Macon ...... 16, 40, 45, 50 Monroe ...... 44 DISTRICT OF COLUMBIA Pelham ...... *20 Perry ...... 32 Community Channel No. Rome ...... 51 Savannah ...... 15, 23c, 39, *46 Washington ...... *27c, *33c, 34, 35, 36, 39, 48, 51c Thomasville ...... 52 Toccoa ...... 24 Valdosta ...... 43 FLORIDA Waycross ...... *18 Wrens ...... *36 Community Channel No.

Boca Raton ...... *44 HAWAII Bradenton ...... *5, 42 Cape Coral ...... 35 Community Channel No. Clearwater ...... 21 Clermont ...... 17 Hilo ...... 8, 18, *19, 21, 22, 23, *31, *39c Cocoa ...... *30, 51 Honolulu ...... 8, *18, 19, 22, 23, 27c, 31, 33c, 35, Daytona Beach ...... 11, 49 *39c, 40, *43 Fort Lauderdale ...... 52c Kailua Kona ...... 25 Fort Myers ...... 15, *31c, 53 Kaneohe ...... 41 Fort Pierce ...... *38, 50 Lihue ...... *7, *12, *28c, *45 Fort Walton Beach ..... 25, 40, 49 Wailuku ...... 16c, 20, 24, *28c, 29, *30, *34c, 36 Gainesville ...... 16, *36 High Springs ...... 28 Hollywood ...... 47 IDAHO Jacksonville ...... 13c, 19, 32, 34, *38, 42, *44 Key West ...... 3, 12 Community Channel No. Lake Worth ...... 36 Lakeland ...... 19 Boise ...... *21, 26, 28 Leesburg ...... 40, *46c Burley ...... *48 Live Oak ...... 48 Caldwell ...... 10c Marathon ...... *34 Coeur D'alene ...... *45 Melbourne ...... 20, 48 Filer ...... *18 Miami ...... 8c, 9, *18c, 19, *20, 22, 24c, 26, 30, Idaho Falls ...... 9c, 36 32, 46c Lewiston ...... 32 Naples ...... 41, 45 Moscow ...... *35 New Smyrna Beach ... *33 Nampa ...... 24, 44 Ocala ...... 31 Pocaello ...... *17, 23 Orange Park ...... 10 Twin Falls ...... 16, *22, 34 Orlando ...... 14, 22, *23, 39, 41, 58 Weiser ...... *34 Palm Beach ...... 49 Panama City ...... 19, 29c, *38, 42 Panama City Beach ... 47c ILLINOIS Pensacola ...... 17, *31, 34c, 45c Sarasota ...... 52 Community Channel No. St. Petersburg ...... 24, 57, 59 Tallahassee ...... 2, 22, *32 Aurora ...... 59 Tampa ...... 7, 12, 29c, *34, 47, *54 Bloomington ...... 28

180

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.622

ILLINOISÐContinued KANSAS

Community Channel No. Community Channel No.

Carbondale ...... *40 Colby ...... 17 Champaign ...... 41, 48 Ensign ...... 5 Charleston ...... *50 Fort Scott ...... 40 Chicago ...... 3c, 19, *21c, 27c, 29, 31, 43, 45c, Garden City ...... 16, 18, *42 Goodland ...... 14 *47, 52 Great Bend ...... 22 Decatur ...... 18c, 22 Hays ...... *16, 20 East St. Louis ...... 47c Hutchinson ...... 19, *29, 35 Freeport ...... 41 Lakin ...... *23 Harrisburg ...... 34 Lawrence ...... 36 Jacksonville ...... *15c Oakley ...... *40 Joliet ...... 53 Pittsburg ...... 30 Lasalle ...... 10 Salina ...... 17 Macomb ...... *21 Topeka ...... *23, 28c, 44, 48 Marion ...... 17 Wichita ...... 21, 26, 31, 45 Moline ...... *23, 38 Mount Vernon ...... 21 KENTUCKY Olney ...... *19 Peoria ...... 30, 39, 40, *46, 57 Community Channel No. Quincy ...... 32, *34, 54 Rock Island ...... 58 Ashland ...... *26c, 44 Rockford ...... 16, 42, 54 Beattyville ...... 7 Springfield ...... 42, 44, 53 Bowling Green ...... 16, *18, 33, *48 Urbana ...... 26, *33 Campbellsville ...... 19 Covington ...... *24 Danville ...... 4 INDIANA Elizabethtown ...... *43 Harlan ...... 51 Community Channel No. Hazard ...... 12, *16 Lexington ...... 22, 40, *42, 59 Angola ...... 12 Louisville ...... 8, *17, 26, *38, 47, 49, 55 Bloomington ...... *14, 27, 53, 56 Madisonville ...... 20c, *42 Morehead ...... *15, 21 Elkhart ...... 58 Murray ...... *36 Evansville ...... 28, 45c, 46, *54, 59 Newport ...... 29 Fort Wayne ...... 4, 19, 24, 36, *40c Owensboro ...... 30 Gary ...... *17, 51c Owenton ...... *44 Hammond ...... 36 Paducah ...... 32, 41, 50c Indianapolis ...... 9c, 16, *21c, 25, *44, 45, 46 Pikeville ...... *24 Kokomo ...... 54 Somerset ...... *14 Lafayette ...... 11 Marion ...... 32 Muncie ...... 52 LOUISIANA Richmond ...... 39 Community Channel No. Salem ...... 51 South Bend ...... 30, *35c, 42, 48 Alexandria ...... *26c, 32c, 35 Terre Haute ...... 24, 36, 39c Baton Rouge ...... *25, 34c, 42, 45c, 46 Vincennes ...... *52 Columbia ...... 57 Lafayette ...... 16c, *23, 28, 56 Lake Charles ...... 8c,*20, 30c IOWA Monroe ...... *19, 55 New Orleans ...... *11, 14, 15, 29, 30, *31, 40, 43, 50c Community Channel No. Shreveport ...... 17, *25c, 28, 34c, 44 Slidell ...... 24 Ames ...... 59 West Monroe ...... 36, 38 Burlington ...... 41 Cedar Rapids ...... 27, 47, 51, 52 Centerville ...... *44 MAINE Council Bluffs ...... *33c Davenport ...... *34, 49, 56 Community Channel No. Des Moines ...... 16, 19, 26, 31, *50 Augusta ...... *17 Dubuque ...... 43 Bangor ...... 14, 19, 25 Fort Dodge ...... *25 Biddeford ...... *45 Iowa City ...... 25, *45 Calais ...... *15 Mason City ...... *18, 42 Lewiston ...... 28 Ottumwa ...... 14 Orono ...... *22 Red Oak ...... *35 Poland Spring ...... 46 Sioux City ...... *28c, 30, 39, 41, 49 Portland ...... 4, 38, 44 Waterloo ...... *35, 55 Presque Isle ...... 16, *20

181

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.622 47 CFR Ch. I (10–1–99 Edition)

MARYLAND MINNESOTAÐContinued

Community Channel No. Community Channel No.

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 ...... 57 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, 54 Norwell ...... 52 Gulfport ...... 48 Springfield ...... 11, 55, *58c Hattiesburg ...... 58 Vineyard Haven ...... 40 Holly Springs ...... 41c Worcester ...... 29, *47 Jackson ...... *20, 21, 41c, 51, 52 Laurel ...... 28 Meridian ...... 26, 31c, *44, 49 MICHIGAN Mississippi State ...... *38 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 ...... 40, 47, *58 Community Channel No. Calumet ...... 18 Cheboygan ...... 14 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 ...... 14, *18, 24, 31, 34, 42c, 47, 51c Kalamazoo ...... 2, *5, 45 Kirksville ...... 33 Lansing ...... 38, 51, 59 Poplar Bluff ...... 18 Manistee ...... *17 Sedalia ...... 15 Marquette ...... *33, 3 Springfield ...... 19, *23, 28c, 44, 52 Mount Clemens ...... 39c St. Joseph ...... 21, 53 Mount Pleasant ...... *56 St. Louis ...... 14, 26, 31c, 35, *39, 43, 56 Muskegon ...... 24 Onondaga ...... 57 Saginaw ...... 30, 48 MONTANA Sault Ste. Marie ...... 49, 56 Traverse City ...... 31, 50 Community Channel No. University Center ...... *18 Vanderbilt ...... 59 Billings ...... 11, 17, 18 Bozeman ...... 16, *20 Butte ...... 2, 15, 19c MINNESOTA Glendive ...... 15 Great Falls ...... 39, 44, 45 Community Channel No. Hardin ...... 22 Helena ...... 14, 29 Alexandria ...... 14, 24 Kalispell ...... 38 Appleton ...... *31 Miles City ...... 13, *39 Austin ...... *20, 33 Missoula ...... *27, 35, 36, 40 Bemidji ...... *18 Brainerd ...... *28 Crookston ...... *16 NEBRASKA Duluth ...... 17, 33, *38, 43 Hibbing ...... 36, *51 Community Channel No. Mankato ...... 38 Minneapolis ...... 21, 22, *26, 32, 35, *44 Albion ...... 23 Redwood Falls ...... 27 Alliance ...... *24

182

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.622

NEBRASKAÐContinued NEW MEXICOÐContinued

Community Channel No. Community Channel No.

Bassett ...... *15 Roswell ...... 28c, 38, 41 Grand Island ...... 19, 32 Santa Fe ...... 10, 27, 29 Hastings ...... *14, 21 Silver City ...... 12, *33 Hayes Center ...... 18 Socorro ...... *31 Kearney ...... 36 Lexington ...... *26 Lincoln ...... 25, 31, *40 NEW YORK McCook ...... 12 Merriman ...... *17 Community Channel No. Norfolk ...... *16 North Platte ...... *16, 22 Albany ...... 4, 15, 26 Omaha ...... *17, 20, 22, 38, 43c, 45 Amsterdam ...... 50 Scottsbluff ...... 20, 29 Batavia ...... 53 Superior ...... 34 Binghamton ...... 4, 7, 8, *42 Buffalo ...... 14, *32, 33, 34, 38, 39, *43 NEVADA Carthage ...... 35 Corning ...... 50 Community Channel No. Elmira ...... 2, 55 Garden City ...... *22c Elko ...... 8, *15 Jamestown ...... 27c Henderson ...... 24 Kingston ...... 21 Las Vegas ...... 2, 7, *11c, 16c, 17, 22c, 29 New York ...... *24, 28, 30, 33, 44, 45, 56 Paradise ...... 40c North Pole ...... 14 Reno ...... *15, 22c, 23, 26, 32, 34, 44 Norwood ...... *23 Winnemucca ...... 12 Plattsburgh ...... *38 Poughkeepsie ...... 27 NEW HAMPSHIRE Riverhead ...... 57 Rochester ...... *16, 28, 45, 58, 59 Community Channel No. Schenectady ...... *34, 39, 43 Smithtown ...... 23 Berlin ...... *15 Springville ...... 46 Concord ...... 33 Syracuse ...... 17, 19, *25c, 44c, 47, 54 Derry ...... 35 Utica ...... 27, 29, 30 Durham ...... *57 Watertown ...... 21, *41 Keene ...... *49 Littleton ...... *48 Manchester ...... 59 NORTH CAROLINA Merrimack ...... 34 Community Channel No. EW ERSEY N J Asheville ...... *25, 45, 56, 57 Belmont ...... 47c Community Channel No. Burlington ...... 14 Atlantic City ...... 49, 50 Chapel Hill ...... *59 Burlington ...... 27 Charlotte ...... 22, 23, *24, 27, 34 Camden ...... *22 Columbia ...... *20 Linden ...... 36 Concord ...... *44 Montclair ...... *51c Durham ...... 27, 52 New Brunswick ...... *18 Fayetteville ...... 36, 38 Newark ...... 53c, 61 Goldsboro ...... 55 Newton ...... 8c Greensboro ...... 33, 43, 51 Paterson ...... 40 Greenville ...... 10c, 21, *23 Secaucus ...... 38 Hickory ...... 40 Trenton ...... *43 High Point ...... 35 Vineland ...... 66c Jacksonville ...... 34, *44 West Milford ...... *29 Wildwood ...... 36 Kannapolis ...... 50 Lexington ...... 19 Linville ...... *54 NEW MEXICO Lumberton ...... *25 Morehead City ...... 24 Community Channel No. New Bern ...... 48 Raleigh ...... 49, 53, 57 Albuquerque ...... 16, *17, 21, 24c, *25, 26, 42c, 51c Roanoke Rapids ...... *39 Carlsbad ...... 19 Rocky Mount ...... 15 Clovis ...... 20 Washington ...... 32 Farmington ...... 8, 17 Wilmington ...... *29, 30, 46, 54 Hobbs ...... 16 Wilson ...... 42 Las Cruces ...... *23c, 47 Winston-Salem ...... 29, 31, *32 Portales ...... *32

183

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.622 47 CFR Ch. I (10–1–99 Edition)

NORTH DAKOTA OREGONÐContinued

Community Channel No. Community Channel No.

Bismarck ...... 16, *22, 23, 31 Pendleton ...... 8 Devils Lake ...... *25, 59 Portland ...... *27, 30, 40, 43, 45, 6 Dickinson ...... 18, 19, *20 Roseburg ...... 18, 19, 45 Ellendale ...... *20c Salem ...... 20, 33c Fargo ...... 19, 21, *23, 58 Grand Forks ...... *56 Jamestown ...... 14 PENNSYLVANIA Minot ...... 15c, 45, *57, 58 Pembina ...... 15 Community Channel No. Valley City ...... 38 Williston ...... 14, *51, 52 Allentown ...... 46, *62 Altoona ...... 24c, 32, 46 Bethlehem ...... 59c OHIO Clearfield ...... *15 Erie ...... 16, 22, *50, 52, 58 Community Channel No. Greensburg ...... 50 Harrisburg ...... 4, *36, 57 Akron ...... 30, *50c, 59 Hazleton ...... 9 Alliance ...... *46c Johnstown ...... 29, 30, 34 Athens ...... *27 Lancaster ...... 23, 58 Bowling Green ...... *56 Philadelphia ...... 26, 32, *34, 42, 54, 64, 67 Cambridge ...... *35 Pittsburgh ...... 25, *26, *38, 42, 43, 48, 51 Canton ...... 39, 47 Reading ...... 25 Chillicothe ...... 46 Red Lion ...... 30 Cincinnati ...... 10c, 31, 33, *34, 35 Scranton ...... 13, 31, 32, *41, 49 Cleveland ...... 2, 15, *26c, 31, 34 Wilkes-Barre ...... 11 Columbus ...... 13, 14, 21, 36, *38 Williamsport ...... 29 Dayton ...... 30, 41, 50, 51, *58 York ...... 47 Lima ...... 20, 47 Lorain ...... 28 Mansfield ...... 12 RHODE ISLAND Newark ...... 24 Oxford ...... *28 Community Channel No. Portsmouth ...... 17, *43c Sandusky ...... 42 Block Island ...... 17 Shaker Heights ...... 10 Providence ...... 13c, *21, 51, 54c Springfield ...... 18 Steubenville ...... 57 Toledo ...... 5, 17, 19, *29, 46, 49 SOUTH CAROLINA Youngstown ...... 20, 36, 41 Zanesville ...... 40 Community Channel No.

Allendale ...... *33 OKLAHOMA Anderson ...... 14 Beaufort ...... *44 Community Channel No. Charleston ...... 35, 40, *49, 52, 53, 59 Columbia ...... 8, 17, *32, 41, 48 Ada ...... 26 Conway ...... *58 Bartlesville ...... 15 Florence ...... 16c, 20, *45, 56 Cheyenne ...... *8 Greenville ...... *9, 35, 59 Claremore ...... *36c Greenwood ...... *18 Enid ...... 18 Hardeeville ...... 27 Eufaula ...... *31 Myrtle Beach ...... 18 Guymon ...... *29 Rock Hill ...... 15, 39 Lawton ...... 23 Spartanburg ...... 43, 53 Oklahoma City ...... 15c, 16, 24, 27, *32, 33, 39, 42, 50, Sumter ...... *28c, 38 51 Okmulgee ...... 28 Shawnee ...... 29 SOUTH DAKOTA Tulsa ...... 22, *38, 42c, 48c, 49, 55, 56, 58 Community Channel No.

OREGON Aberdeen ...... *17c, 28 Brookings ...... *18 Community Channel No. Eagle Butte ...... *25 Florence ...... 25 Bend ...... *11, 18 Huron ...... 22 Coos Bay ...... 21, 22 Lead ...... 29, 30 Corvallis ...... *39 Lowry ...... *15 Eugene ...... 14, 17c, 25, *29c, 31 Martin ...... *23 Klamath Falls ...... 29, *33, 40 Mitchell ...... 26 La Grande ...... *5 Pierre ...... 19, *21 Medford ...... 15, 27c, 35, 38, *42 Rapid City ...... 16c, 18, 22, *26

184

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.622

SOUTH DAKOTAÐContinued TEXASÐContinued

Community Channel No. Community Channel No.

Reliance ...... 14 Odessa ...... 15, *22, 23, 31, 43c Sioux Falls ...... 7, *24c, 29, 32, 40, 47c Port Arthur ...... 40 Vermillion ...... *34 Rio Grande City ...... 20 Rosenberg ...... 46c TENNESSEE San Angelo ...... 11, 16, 19 San Antonio ...... *16, *20, 30c, 38, 39, 48, 55, 58 Community Channel No. Sherman ...... 20 Snyder ...... 10 Chattanooga ...... *29, 35, 40, 47, 55 Sweetwater ...... 20 Cleveland ...... 42 Temple ...... 50 Cookeville ...... 36, *52 Texarkana ...... 15, *50 Crossville ...... 50 Tyler ...... 38 Greeneville ...... 38 Victoria ...... 15, 34 Hendersonville ...... 51c Waco ...... *20, 26c, 53, 57 Jackson ...... 39, 43 Weslaco ...... 13 Jellico ...... 23 Wichita Falls ...... 15, 22, 28 Johnson City ...... 58 Kingsport ...... 27 Knoxville ...... *17, 26, 30, 31, 34 UTAH Lebanon ...... 44 Lexington ...... *47 Community Channel No. Memphis ...... 25c, 28, *29, 31c, 51c, 52, 53 Murfreesboro ...... 38 Cedar City ...... 14, 44 Nashville ...... 10, 15, 21, 23, 27, *46, 56 Monticello ...... *41 Sneedville ...... *41 Ogden ...... 29, *34 Provo ...... 17c, *39 TEXAS Salt Lake City ...... 27, 28, 35, 38, 40, *42 St. George ...... 9 Community Channel No.

Abilene ...... 24, 29 VERMONT Alvin ...... 36 Amarillo ...... 9, 15c, 19, *21, 23 Community Channel No. Arlington ...... 42 Austin ...... 21, *22, 33, 43c, 49, 56 Burlington ...... 16, *32, 43, 53 Baytown ...... 41 Hartford ...... 25 Beaumont ...... 21, *33, 50 Rutland ...... *56 Belton ...... 47c St. Johnsbury ...... *18 Big Spring ...... 33 Windsor ...... *24 Brownsville ...... 24c Bryan ...... 29c, 59 College Station ...... *12 VIRGINIA Conroe ...... 5, 42 Corpus Christi ...... 18, *23, 27, 47, 50 Community Channel No. Dallas ...... 9c, *14, 32, 35, 36, 40c, 45 Decatur ...... 30c Arlington ...... 15c Del Rio ...... 28 Ashland ...... 47 Denton ...... *43 Bristol ...... 28 Eagle Pass ...... 18 Charlottesville ...... *14, 32 El Paso ...... 15c, 16, 17, 18, 25, *30, *39c, 51 Danville ...... 41 Fort Worth ...... 18, 19, 41, 51 Fairfax ...... *57c Galveston ...... *23c, 47 Front Royal ...... *21 Garland ...... 24c Goldvein ...... *30 Greenville ...... 46 Grundy ...... 49 Harlingen ...... 31, *34, 38 Houston ...... *9c, 19, *24, 27c, 31, 32, 35, 38, 44 Hampton ...... 41 Irving ...... 48 Hampton-Norfolk ...... *16c Jacksonville ...... 22 Harrisonburg ...... 49 Katy ...... 52c Lynchburg ...... 20, 56 Kerrville ...... 32 Manassas ...... 43c Killeen ...... 23 Marion ...... *42 Lake Dallas ...... 54 Norfolk ...... 38, 46, 58 Laredo ...... 14, 15, 19 Norton ...... *32 Llano ...... 27 Petersburg ...... 22 Longview ...... 31 Portsmouth ...... 19, 31 Lubbock ...... 25, 27, 35c, *39, 40, 43 Richmond ...... *24c, 25, 26, *44, 54 Lufkin ...... 43 Roanoke ...... *3, 17, 18, 30, 36 McAllen ...... 46 Staunton ...... *11 Midland ...... 26 Virginia Beach ...... 29 Nacogdoches ...... 18

185

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.622 47 CFR Ch. I (10–1–99 Edition)

WASHINGTON GUAM

Community Channel No. Community Channel No.

Bellevue ...... 32, 50 Agana ...... 2, 4, 5 Bellingham ...... 19, 35 Tamuning ...... 17 Centralia ...... *19 Everett ...... 31 Kennewick ...... 44 PUERTO RICO Pasco ...... 18 Pullman ...... *17 Community Channel No. Richland ...... 26c, *38 Seattle ...... 25, 38, 39, *41, 44, 48 Spokane ...... 13, 15, 20, 30, 36, *39 Aguada ...... 62 Tacoma ...... 14, 18, *27, 36, *42 Aguadilla ...... 17c, *34, 69 Vancouver ...... 48 Arecibo ...... 53, 61c Wenatchee ...... 46 Bayamon ...... 59c Yakima ...... 14, 16, *21, 33 Caguas ...... 56, *57 Carolina ...... 51 Fajardo ...... *16, 33 WEST VIRGINIA Guayama ...... 45 Humacao ...... 49 Community Channel No. Mayaguez ...... 23c, 29, 35, 63 Bluefield ...... 14, 46 Naranjito ...... 65c Charleston ...... 19, 39, 41 Ponce ...... 15c, 19, *25, 43c, 47, 66 Clarksburg ...... 28, 52 San Juan ...... 21, 27c, 28, 31c, 32, *55c Grandview ...... *53 San Sebastian ...... 39c Huntington ...... 23, *34c, 54 Yauco ...... 41c Lewisburg ...... 48 Martinsburg ...... 12 Morgantown ...... *33 VIRGIN ISLANDS Oak Hill ...... 50 Parkersburg ...... 49 Community Channel No. Weston ...... 58 Wheeling ...... 32 Charlotte Amalie ...... *44, 48, 50 Christiansted ...... 5, 20 WISCONSIN (c) Availability of channels. Applica- Community Channel No. tions may be filed to construct DTV Appleton ...... 59 broadcast stations only on the chan- Chippewa Falls ...... 49c nels designated in the DTV Table of Al- Eagle River ...... 28 lotments set forth in paragraph (b) of Eau Claire ...... 15, 39 Fond Du Lac ...... 44 this section, and only in the commu- Green Bay ...... 23, 41, *42, 51, 56 nities listed therein. Applications that Janesville ...... 32 fail to comply with this requirement, Kenosha ...... 40 La Crosse ...... 14, 17, *30, 53 whether or not accompanied by a peti- Madison ...... 11, 19, *20, 26, 50 tion to amend the DTV Table, will not Manitowoc ...... 19 be accepted for filing. However, appli- Mayville ...... 43 Menomonie ...... *27 cations specifying channels that accord Milwaukee ...... *8, 22, 25c, 28, 33, 34, *35, 46, 61 with publicly announced FCC Orders Park Falls ...... *47 changing the DTV Table of Allotments Racine ...... 48 will be accepted for filing even if such Rhinelander ...... 16 Superior ...... 19 applications are tendered before the ef- Suring ...... 21 fective dates of such channel change. Wausau ...... *24, 29, 40 An application for authority to construct a DTV station on an allotment WYOMING in the initial DTV table may only be filed by the licensee or permittee of the Community Channel No. analog TV station with which that ini- Casper ...... 15c, 17, 18 tial allotment is paired, as set forth in Cheyenne ...... 11, 28c, 30 Appendix B of the Memorandum Opinion Jackson ...... 14 and Order on Reconsideration of the Sixth Lander ...... 7, *8 Rawlins ...... 9 Report and Order in MM Docket 87–268, Riverton ...... 16 FCC 98–24 (Memorandum Opinion and Rock Springs ...... 21 Order) adopted January 29, 1998. Copies Sheridan ...... 21 of the Memorandum Opinion and Order

186

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00186 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.622

may be inspected during normal busi- (2) The reference coordinates of a ness hours at the: Federal Communica- DTV allotment not included in the ini- tions Commission, 1919 M St., NW., tial DTV Table of Allotments shall be Dockets Branch (Room 239), Wash- the authorized transmitter site, or, ington, DC, 20554. This document is where such a transmitter site is not also available through the Internet on available for use as a reference point, the FCC Home Page at http:// the coordinates as designated in the www.fcc.gov. Applications may also be FCC order modifying the DTV Table of filed to implement an exchange of Allotments. channel allotments between two or (e) DTV Service Areas. (1) The service more licensees or permittees of analog area of a DTV station is the geographic TV stations in the same community, area within the station’s noise-limited the same market, or in adjacent mar- F(50,90) contour where its signal kets provided, however, that the other strength is predicted to exceed the requirements of this section and § 73.623 noise-limited service level. The noise- are met with respect to each such ap- limited contour is the area in which plication. the predicted F(50,90) field strength of (d) Reference points and distance com- the station’s signal, in dB above 1 mi- putations. (1) The reference coordinates crovolt per meter (dBu) as determined of a DTV allotment included in the ini- using the method in section 73.625(b) tial DTV Table of Allotments are the exceeds the following levels (these are coordinates of the authorized transmit- the levels at which reception of DTV ting antenna site of the associated ana- service is limited by noise): log TV station, as set forth in Appen- dBu dix B of the Memorandum Opinion and Order (referenced above). An applica- Channels 2±6 ...... 28 tion for authority to construct or mod- Channels 7±13 ...... 36 ify DTV facilities on such an allotment Channels 14±69 ...... 41 may specify an alternate location for the DTV transmitting antenna that is (2) Within this contour, service is within 5 kilometers of the DTV allot- considered available at locations where ment reference coordinates without the station’s signal strength, as pre- consideration of electromagnetic inter- dicted using the terrain dependent ference to other DTV or analog TV Longley-Rice point-to-point propaga- broadcast stations, allotments or appli- tion model, exceeds the levels above. cations, provided the application com- Guidance for evaluating coverage areas plies with paragraph (f)(2) of this sec- using the Longley-Rice methodology is provided in OET Bulletin No. 69. Copies tion. Location of the transmitting an- of OET Bulletin No. 69 may be inspected tenna of such a station at a site more during normal business hours at the than 5 kilometers from the DTV allot- Federal Communications Commission, ment reference coordinates must com- 445 12th Street, S.W, Dockets Branch ply with the provisions of section (Room CY A09257), Washington, DC 73.623(c). In the case where a DTV sta- 20554. This document is also available tion has been granted authority to con- through the Internet on the FCC Home struct more than 5 kilometers from its Page at http://www.fcc.gov. reference coordinates pursuant to section 73.623(c), and its authorized cov- NOTE TO PARAGRAPH (E)(2): During the transition, in cases where the assigned power of erage area extends in any azimuthal di- a UHF DTV station in the initial DTV Table rection beyond the DTV coverage area is 1000 kW, the Grade B contour of the asso- determined for the DTV allotment ref- ciated analog television station, as author- erence facilities, then the coordinates ized on April 3, 1997, shall be used instead of of such authorized site are to be used the noise-limited contour of the DTV station in addition to the coordinates of the in determining the DTV station’s service DTV allotment to determine protec- area. In such cases, the DTV service area is the geographic area within the station’s ana- tion from new DTV allotments pursu- log Grade B contour where its DTV signal ant to § 73.623(d) and from subsequent strength is predicted to exceed the noise-lim- DTV applications filed pursuant to ited service level, i.e., 41 dB, as determined § 73.623(c). using the Longley-Rice methodology.

187

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.622 47 CFR Ch. I (10–1–99 Edition)

(3) For purposes of determining 25 meters below that specified in Ap- whether interference is caused to a pendix B may adjust its power upward DTV station’s service area, the max- to a level at or below the adjusted DTV imum technical facilities, i.e., antenna power in accordance with the formula height above average terrain (antenna in paragraph (f)(3)(i) of this section HAAT) and effective radiated power without an interference showing. For a (ERP), specified for the station’s allot- proposed antenna more than 25 meters ment are to be used in determining its below the reference antenna HAAT, the service area. DTV station may increase its ERP up (f) DTV maximum power and antenna to the level permitted for operation heights. (1) The maximum, or reference, with an antenna that is 25 meters effective radiated power (ERP) and an- below the station’s reference antenna tenna height above average terrain (an- HAAT. tenna HAAT) for an allotment included (4) UHF DTV stations may request an in the initial DTV Table of Allotments increase in power, up to a maximum of are set forth in Appendix B of the 1000 kW ERP, to enhance service with- Memorandum Opinion and Order (ref- in their authorized service area erenced in paragraph (c) of this sec- through use of antenna beam tilting in tion). In each azimuthal direction, the excess of 1 degree, as follows: reference ERP value is based on the an- (i) Field strengths at the outer edge tenna HAAT of the corresponding ana- of the station’s service area shall be no log TV station and achieving predicted greater than the levels that would coverage equal to that analog TV sta- exist if the station were operating at tion’s predicted Grade B contour, as de- its assigned DTV power. fined in section 73.683. (ii) Where a station operates at high- (2) An application for authority to er power under the provisions of this construct or modify DTV facilities will paragraph, its field strengths at the not be subject to further consideration edge of its service area are to be cal- of electromagnetic interference to culated assuming 1 dB of additional another DTV or analog TV broadcast sta- tenna gain over the antenna gain pat- tions, allotments or applications, pro- tern specified by the manufacturer. vided that: (iii) Where a first adjacent channel (i) The proposed ERP in each azi- DTV station or allotment is located muthal direction is equal to or less closer than 110 km or a first adjacent than the reference ERP in that direc- channel analog TV station is located tion; and closer than 106 km from the proposed (ii) The proposed antenna HAAT is transmitter site, the application must equal to or less than the reference an- be accompanied by a technical showing tenna HAAT or the proposed antenna that the proposed operation complies HAAT exceeds the reference antenna with the technical criteria in § 73.623(c) HAAT by 10 meters or less and the ref- and thereby will not result in new in- erence ERP in paragraph (f)(2)(i) of this terference exceeding the de minimis section is adjusted in accordance with standard for new interference set forth paragraph (f)(3) of this section; and in that section, or statements from af- (iii) The application complies with fected stations agreeing to the pro- the location provisions in paragraph posed operation in accordance with (d)(1) of this section. § 73.623(f). (3)(i) A DTV station may increase its (iv) A licensee desiring to operate at antenna HAAT by up to 10 meters from higher power under these provisions that specified in Appendix B if it re- shall submit, with its initial applica- duces its DTV power to a level at or tion for a DTV construction permit or below the level of adjusted DTV power subsequent application to modify its computed in the following formula: DTV facilities, an engineering analysis ERP adjustment in dB = 20log(H1/H2) demonstrating that the predicted field Where H1 = Reference antenna HAAT strengths and predicted interference specified in the DTV Table, and H2 within its service area would comport = Actual antenna HAAT with the requirements of this para- (ii) Alternatively, a DTV application graph. The licensee also must notify, that specifies an antenna HAAT within by certified mail, all stations that

188

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00188 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.622

could potentially be affected by such yond the DTV coverage area deter- operation at the time the station files mined for the DTV allotment reference its application for a construction per- facilities, then the authorized DTV fa- mit or modification of facilities. Po- cilities are to be used in addition to the tentially affected stations to be noti- assumed facilities of the initial DTV fied include stations on co-channel and allotment to determine protection first-adjacent channel allotments that from new DTV allotments pursuant to are located at distances less than the § 73.623(d) and from subsequent DTV ap- minimum geographic spacing require- plications filed pursuant to § 73.623(c). ments in § 73.623(d)(2). For example, in The provisions of this paragraph re- Zone I a co-channel DTV station with- garding increases in the ERP or an- in 196.3 km or a first-adjacent channel tenna height of DTV stations on chan- DTV station within 110 km must be no- nels in the initial DTV Table of Allot- tified. A station that believes that its ments shall also apply in cases where service is being affected beyond the de the licensee or permittee seeks to minimis standard set forth in § 73.623(c) change the station’s channel as well as may file an informal objection with the alter its ERP and antenna HAAT. Li- Commission. Such an informal objec- censees and permittees are advised tion shall include an engineering anal- that where a channel change is re- ysis demonstrating that additional im- quested, it may, in fact, be necessary permissible interference would occur. in specific cases for the station to oper- The Commission may condition grant ate with reduced power, a lower an- of authority to operate at increased tenna, or a directional antenna to power pursuant to this provision on avoid causing new interference to an- validation of actual performance other station. through field measurements. (6) A DTV station that operates on a (5) Licensees and permittees assigned channel 2–6 allotment created subse- a DTV channel in the initial DTV quent to the initial DTV Table will be Table of Allotments may request an in- allowed a maximum ERP of 10 kW if its crease in either ERP in some azi- antenna HAAT is at or below 305 me- muthal direction or antenna HAAT, or ters and it is located in Zone I or a 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 chan- MAXIMUM ALLOWABLE ERP AND ANTENNA nel stations that might be affected by HEIGHT FOR DTV STATIONS IN ZONES II OR III potential new interference, in accord- ON CHANNELS 2±6 ance with § 73.623(f). In the case where a DTV station has been granted author- Antenna HAAT (meters) ERP (kW) ity to construct pursuant to § 73.623(c), 610 ...... 10 and its authorized coverage area ex- 580 ...... 11 tends in any azimuthal direction be- 550 ...... 12

189

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.622 47 CFR Ch. I (10–1–99 Edition)

MAXIMUM ALLOWABLE ERP AND ANTENNA MAXIMUM ALLOWABLE ERP AND ANTENNA HEIGHT FOR DTV STATIONS IN ZONES II OR III HEIGHT FOR DTV STATIONS IN ZONES II OR III ON CHANNELS 2±6ÐContinued ON CHANNELS 7±13

Antenna HAAT (meters) ERP (kW) Antenna HAAT (meters) ERP (kW)

520 ...... 14 610 ...... 30 490 ...... 16 580 ...... 34 460 ...... 19 550 ...... 40 425 ...... 22 520 ...... 47 395 ...... 26 490 ...... 54 365 ...... 31 460 ...... 64 335 ...... 37 425 ...... 76 305 ...... 45 395 ...... 92 365 ...... 110 (ii) For DTV stations located in Zone 335 ...... 132 I that operate on channels 2–6 with an 305 ...... 160 HAAT that exceeds 305 meters, the allowable maximum ERP expressed in (ii) For DTV stations located in Zone decibels above 1 kW (dBk) is deter- I that operate on channels 7–13 with an mined using the following formula, HAAT that exceeds 305 meters, the al- with HAAT expressed in meters: lowable maximum ERP expressed in decibels above 1 kW (dBk) is deter- ERP =92.57–33.24*log (HAAT) max 10 mined using the following formula, (iii) For DTV stations located in with HAAT expressed in meters: Zone II or III that operate on channels ERP =97.35–33.24*log (HAAT) 2–6 with an HAAT that exceeds 610 me- max 10 ters, the allowable maximum ERP ex- (iii) For DTV stations located in pressed in decibels above 1 kW (dBk) is Zone II or III that operate on channels determined using the following for- 7–13 with an HAAT that exceeds 610 me- mula, with HAAT expressed in meters: ters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is ERP =57.57–17.08*log (HAAT) max 10 determined using the following for- (7) A DTV station that operates on a mula, with HAAT expressed in meters: channel 7–13 allotment created subsequent to the initial DTV Table will be ERPmax=62.34–17.08*log10(HAAT) allowed a maximum ERP of 30 kW if its (8) A DTV station that operates on a antenna HAAT is at or below 305 me- channel 14–59 allotment created subse- ters and it is located in Zone I or a quent to the initial DTV Table will be maximum ERP of 160 kW if its antenna allowed a maximum ERP of 1000 kW if HAAT is at or below 305 meters and it their antenna HAAT is at or below 365 is located in Zone II or Zone III. A DTV meters. A DTV station that operates station that operates on a channel 7–13 on a channel 14–59 allotment included allotment included in the initial DTV in the initial DTV Table of Allotments Table of Allotments may request an in- may request an increase in power and/ crease in power and/or antenna HAAT or antenna HAAT up to these max- up to these maximum levels, provided imum levels, provided the increase also the increase also complies with the complies with the provisions of para- provisions of paragraph (f)(5) of this graph (f)(5) of this section. section. (i) At higher HAAT levels, such DTV (i) At higher HAAT levels, such DTV stations will be allowed to operates stations will be allowed to operate with with lower maximum ERP levels in ac- lower maximum ERP levels in accord- cordance with the following table and ance with the following table and for- formulas (the allowable maximum ERP mulas (the allowable maximum ERP for intermediate values of HAAT is de- for intermediate values of HAAT is determined using linear interpolation termined using linear interpolation based on the units employed in the based on the units employed in the table): table):

190

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.623

MAXIMUM ALLOWABLE ERP AND ANTENNA sions must be attenuated no less than HEIGHT FOR DTV STATIONS ON CHANNELS 110 dB. At any frequency between 0.5 14±59, ALL ZONES and 6 MHz from the channel edge, emissions must be attenuated no less than Antenna HAAT (meters) ERP (kW) the value determined by the following 610 ...... 316 formula: 580 ...... 350 Attenuation in dB = ¥11.5(∆f + 3.6); 550 ...... 400 520 ...... 460 Where: ∆f = frequency difference in 490 ...... 540 MHz from the edge of the channel. 460 ...... 630 425 ...... 750 (2) This attenuation is based on a 395 ...... 900 measurement bandwidth of 500 kHz. 365 ...... 1000 Other measurement bandwidths may be used as long as appropriate correction (ii) For DTV stations located in Zone factors are applied. Measurements need I, II or III that operate on channels 14– not be made any closer to the band 59 with an HAAT that exceeds 610 me- edge than one half of the resolution ters, the allowable maximum ERP ex- bandwidth of the measuring instru- pressed in decibels above 1 kW (dBk) is ment. Emissions include sidebands, determined using the following for- spurious emissions and radio frequency mula, with HAAT expressed in meters: harmonics. Attenuation is to be meas- ERPmax=72.57–17.08*log10(HAAT) ured at the output terminals of the (g) DTV stations operating on channels transmitter (including any filters that above an analog TV station. (1) DTV sta- may be employed). In the event of in- tions operating on a channel allotment terference caused to any service, great- designated with a ‘‘c’’ in paragraph (b) er attenuation may be required. of this section must maintain the pilot [62 FR 26712, May 14, 1997, as amended at 63 carrier frequency of the DTV signal FR 13552, Mar. 20, 1998; 64 FR 47702, Sept. 1, 5.082138 MHz above the visual carrier 1999] frequency of any analog TV broadcast station that operates on the lower ad- § 73.623 DTV applications and changes jacent channel and is located within 88 to DTV allotments. kilometers. This frequency difference (a) General. This section contains the must be maintained within a tolerance technical criteria for evaluating appli- of ±3 Hz. cations requesting DTV facilities that (2) Unless it conflicts with operation do not conform to the provisions of complying with paragraph (g)(1) of this § 73.622 and petitions for rule making to section, where a low power television amend the DTV Table of Allotments station or TV translator station is op- (§ 73.622(b)). Petitions to amend the erating on the lower adjacent channel DTV Table (other than those also ex- within 32 km of the DTV station and pressly requesting amendment of this notifies the DTV station that it in- section) and applications for new DTV tends to minimize interference by pre- broadcast stations or for changes in au- cisely maintaining its carrier fre- thorized DTV stations filed pursuant to quencies, the DTV station shall cooper- this section will not be accepted for fil- ate in locking its carrier frequency to ing if they fail to comply with the re- a common reference frequency and quirements of this section. shall be responsible for any costs relat- (b) In considering petitions to amend ing to its own transmission system in the DTV Table and applications filed complying with this provision. pursuant to this section, the Commis- (h)(1) The power level of emissions on sion will use geographic coordinates frequencies outside the authorized defined in § 73.622(d) as reference points channel of operation must be attenu- in determining allotment separations ated no less than the following and evaluating interference potential. amounts below the average trans- (c) Minimum technical criteria for modi- mitted power within the authorized fication of DTV allotments included in the channel. In the first 500 kHz from the initial DTV Table of Allotments and for channel edge the emissions must be at- applications filed pursuant to this section. tenuated no less than 47 dB. More than No petition to modify a channel allot- 6 MHz from the channel edge, emis- ment included in the initial DTV Table

191

VerDate 1599 10:57 Dec 29, 1999 Jkt 183187 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.623 47 CFR Ch. I (10–1–99 Edition)

of Allotments or application for au- D/U Ratio thority to construct or modify a DTV Co-channel: station assigned to such an allotment, 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 First Adjacent Channel: with the requirements of this para- Lower DTV-into-analog TV ...... ¥14 graph. 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 Lower DTV-into-DTV ...... ¥28 ance with the principal community 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 however, that no new interference may N+4 ...... ¥25 N±7 ...... ¥35 be caused to any station that already N+7 ...... ¥43 experiences interference to 10 percent N±8 ...... ¥32 or more of its population or that would N+8 ...... ¥43 N+14 ...... ¥33 result in a station receiving inter- N+15 ...... ¥31 ference in excess of 10 percent of its population. The station population val- (3) The values in paragraph (c)(2) of ues for existing NTSC service and DTV this section for co-channel interference service contained in Appendix B of the to DTV service are only valid at loca- Memorandum Opinion and Order on Re- tions where the signal-to-noise ratio is consideration of the Sixth Report and 28 dB or greater for interference from Order in MM Docket No. 87–268, FCC 98– DTV and 25 dB or greater for inter- 24, adopted January 29, 1998, referenced ference from analog TV service. At the in § 73.622(c), are to be used for the pur- edge of the noise-limited service area, poses of determining whether a power where the signal-to-noise (S/N) ratio is increase or other change is permissible 16 dB, these values are 21 dB and 23 dB under this de minimis standard. For for interference from analog TV and evaluating compliance with this re- DTV, respectively. At locations where quirement, interference to populations the S/N ratio is greater than 16 dB but served is to be predicted based on the less than 28 dB, D/U values for co-chan- procedure set forth in OET Bulletin No. nel interference to DTV are as follows: 69, including population served within (i) For DTV-to-DTV interference, the service areas determined in accordance minimum D/U ratios are computed with section 73.622(e), consideration of from the following formula: whether F(50,10) undesired signals will ¥x/10 D/U = 15+10log10[1.0/(1.0¥10 )] exceed the following desired-to- Where x = S/N–15.19 (minimum signal undesired (D/U) signal ratios, assumed to noise ratio) use of a directional receiving antenna, and use of the terrain dependent (ii) For analog-to-DTV interference, Longley-Rice point-to-point propaga- the minimum D/U ratios are found tion model. Copies of OET Bulletin No. from the following Table (for values be- 69 may be inspected during normal tween measured values, linear inter- business hours at the: Federal Commu- polation can be used): nications Commission, 1919 M St., NW., Desired-to- Dockets Branch (Room 239), Wash- Signal-to-noise ratio (dB) undesired ington, DC 20554. These documents are ratio (dB) also available through the Internet on 16.00 ...... 21.00 the FCC Home Page at http:// 16.35 ...... 19.94 www.fcc.gov. The threshold levels at 17.35 ...... 17.69 18.35 ...... 16.44 which interference is considered to 19.35 ...... 7.19 occur are: 20.35 ...... 4.69

192

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.623

Desired-to- cluded in the initial DTV Table of Allot- Signal-to-noise ratio (dB) undesired ments. No petition to add a new channel ratio (dB) to the DTV Table of Allotments or 21.35 ...... 3.69 modify an allotment not included in 22.35 ...... 2.94 the initial DTV Table will be accepted 23.35 ...... 2.44 25.00 ...... 2.00 unless it shows compliance with the requirements of this paragraph. (4) Due to the frequency spacing that (1) Requests filed pursuant to this exists between Channels 4 and 5, be- paragraph must demonstrate compli- tween Channels 6 and 7, and between ance with the principle community Channels 13 and 14, the minimum adja- coverage requirements of section cent channel technical criteria speci- 73.625(a). fied in paragraph (c)(2) of this section (2) Requests filed pursuant to this shall not be applicable to these pairs of paragraph must meet the following re- channels (see § 73.603(a)). quirements for geographic spacing with (d) Minimum geographic spacing re- regard to all other DTV stations, DTV quirements for DTV allotments not in- 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, +/ No allotments permitted between: ¥7, +/¥8, 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 (e) Protection of land mobile operations minimum distance separation between on channels 14–20. The Commission will a DTV station in one zone and an ana- not accept petitions to amend the DTV log TV or DTV station in another zone Table of Allotments, applications for shall be that of the zone requiring the new DTV stations, or applications to lower separation. change the channel or location of au- (4) Due to the frequency spacing that thorized DTV stations that would use exists between Channels 4 and 5, be- channels 14–20 where the distance between Channels 6 and 7, and between tween the DTV reference point as de- Channels 13 and 14, the minimum geo- fined in section 73.622(d), would be lo- graphic spacing requirements specified cated less than 250 km from the city in paragraph (d)(3) of this section shall center of a co-channel land mobile op- not be applicable to these pairs of eration or 176 km from the city center channels (§ 73.603(a)).

193

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.624 47 CFR Ch. I (10–1–99 Edition)

of an adjacent channel land mobile op- will, however, be considered where all eration. Petitions to amend the DTV affected land mobile licensees consent Table, applications for new DTV sta- to the requested action. Land mobile tions, or requests to modify the DTV operations are authorized on these Table that do not meet the minimum channels in the following markets: DTV-to-land mobile spacing standards

City Channels Latitude Longitude

Boston, MA ...... 14, 16 ...... 42°21′24″ 71°03′25″ Chicago, IL ...... 14, 15 ...... 41°52′28″ 87°38′22″ Dallas, TX ...... 16 ...... 32°47′09″ 96°47′37″ Houston, TX ...... 17 ...... 29°45′26″ 95°21′37″ Los Angeles, CA ...... 14, 16, 20 ...... 34°03′15″ 118°14′28″ Miami, FL ...... 14 ...... 25°46′37″ 80°11′32″ New York, NY ...... 14, 15 ...... 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 signed reserved channels. Applications on channel 6 be added to the DTV submitted pursuant to the provisions Table must submit an engineering of this paragraph will be granted only study demonstrating that no inter- if the Commission finds that such ac- ference would be caused to existing FM tion is consistent with the public inter- radio stations on FM channels 200–220. est. (g) Negotiated agreements on inter- [62 FR 26719, May 14, 1997, as amended at 63 ference. Notwithstanding the minimum FR 13560, Mar. 20, 1998; 64 FR 4327, Jan. 28, technical criteria for DTV allotments 1999] specified above, DTV stations operating on allotments that are included § 73.624 Digital television broadcast in the initial DTV Table may: operate stations. with increased ERP and/or antenna (a) Digital television (‘‘DTV’’) broad- HAAT that would result in additional cast stations are assigned channels 6 interference to another DTV station or MHz wide. Initial eligibility for li- an analog TV station if that station censes for DTV broadcast stations is agrees, in writing, to accept the addi- limited to persons that, as of April 3, tional interference; and/or implement 1997, are licensed to operate a full an exchange of channel allotments be- power television broadcast station or tween two or more licensees or permit- hold a permit to construct such a sta- tees of TV stations in the same com- tion (or both). munity, the same market, or in adja- (b) At any time that a DTV broadcast cent markets provided, however, that station permittee or licensee transmits the other requirements of this section a video program signal on its analog and of section 73.622 are met with re- television channel, it must also trans- spect to each such application. Such mit at least one over-the-air video pro- agreements must be submitted with gram signal at no direct charge to the application for authority to con- viewers on the DTV channel that is li- struct or modify the affected DTV sta- censed to the analog channel, provided tion or stations. The larger service that, before the date on which DTV area resulting from a negotiated station is required to be constructed change in ERP and/or antenna HAAT under paragraph (d) of this section, the will be protected in accordance with DTV broadcast station permittee or li- the provisions of paragraph (c) of this censee is not subject to any minimum section. Negotiated agreements under schedule for operation on the DTV this paragraph can include the ex- channel. The DTV service that is pro- change of money or other consider- vided pursuant to this paragraph must ations from one station to another, in- be at least comparable in resolution to cluding payments to and from non- the analog television station program- commercial television stations as- ming transmitted to viewers on the

194

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.624

analog channel, but subject to para- are in the public interest. Any viola- graph (f) of this section, DTV broadcast tion of the Commission’s rules applica- stations are not required to simulcast ble to ancillary or supplementary serv- the analog programming. ices will reflect on the licensee’s quali- (c) Provided that DTV broadcast sta- fications for renewal of its license. tions comply with paragraph (b) of this (d) Digital television broadcast facili- section, DTV broadcast stations are ties that comply with the FCC DTV permitted to offer services of any na- Standard (section 73.682(d)), shall be ture, consistent with the public inter- constructed in the following markets est, convenience, and necessity, on an by the following dates: ancillary or supplementary basis. The (1)(i) May 1, 1999: all network-affili- kinds of services that may be provided ated television stations in the top ten include, but are not limited to com- television markets; puter software distribution, data trans- (ii) November 1, 1999: all network-af- missions, teletext, interactive mate- filiated television stations not included rials, aural messages, paging services, in category (1)(i) and in the top 30 tele- audio signals, subscription video, and vision markets; any other services that do not derogate (iii) May 1, 2002: all remaining com- DTV broadcast stations’ obligations mercial television stations; under paragraph (b) of this section. (iv) May 1, 2003: all noncommercial Such services may be provided on a television stations. broadcast, point-to-point or point-to- (2) For the purposes of paragraph multipoint basis, provided, however, (d)(1): that any video broadcast signal pro- (i) The term, ‘‘network,’’ is defined to vided at no direct charge to viewers include the ABC, CBS, NBC, and Fox shall not be considered ancillary or television networks; supplementary. (ii) The term, ‘‘television market,’’ is (1) DTV licensees that provide ancil- defined as the Designated Market Area lary or supplementary services that are or DMA as defined by Nielsen Media analogous to other services subject to Research as of April 3, 1997; and regulation by the Commission must (iii) The terms, ‘‘network-affiliated’’ comply with the Commission regula- or ‘‘network-affiliate,’’ are defined to tions that apply to those services, pro- include those television stations affili- vided, however, that no ancillary or ated with at least one of the four net- supplementary service shall have any works designated in paragraph (d)(2)(i) rights to carriage under §§ 614 or 615 of as of April 3, 1997. In those DMAs in the Communications Act of 1934, as which a network has more than one amended, or be deemed a multichannel network affiliate, paragraphs (d)(1) (i) video programming distributor for pur- and (ii) of this section shall apply to its poses of section 628 of the Communica- network affiliate with the largest audi- tions Act of 1934, as amended. ence share for the 9 a.m. to midnight (2) In all arrangements entered into time period as measured by Nielsen with outside parties affecting service Media Research in its Nielsen Station operation, the DTV licensee or per- Index, Viewers in Profile, as of Feb- mittee must retain control over all ma- ruary, 1997. terial transmitted in a broadcast mode (3) Authority delegated. (i) Authority via the station’s facilities, with the is delegated to the Chief, Mass Media right to reject any material in the sole Bureau to grant an extension of time of judgement of the permitte or licensee. up to six months beyond the relevant The license or permittee is also respon- construction deadline specified in para- sible for all aspects of technical oper- graph (d)(1) of this section upon dem- ation involving such telecommuni- onstration by the DTV licensee or per- cations services. mittee that failure to meet that con- (3) In any application for renewal of a struction deadline is due to cir- broadcast license for a television sta- cumstances that are either unforesee- tion that provides ancillary or supple- able or beyond the licensee’s control mentary services, a licensee shall es- where the licensee has taken all rea- tablish that all of its program services sonable steps to resolve the problem on the analog and the DTV spectrum expeditiously.

195

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.624 47 CFR Ch. I (10–1–99 Edition)

(ii) Such circumstances shall include, are feeable, as defined in paragraphs (i) but shall not be limited to: (a) inability through (ii) hereof. to construct and place in operation a (1)(i) All ancillary or supplementary facility necessary for transmitting dig- services for which payment of a sub- ital television, such as a tower, because scription fee or charge is required in of delays in obtaining zoning or FAA order to receive the service are feeable. approvals, or similar constraints; or (b) The fee required by this provision shall the lack of equipment necessary to ob- be imposed on any and all revenues tain a digital television signal. from such services, including revenues (iii) The Bureau may grant no more derived from subscription fees and than two extension requests upon dele- from any commercial advertisements gated authority. Subsequent extension transmitted on the service. requests shall be referred to the Com- (ii) Any ancillary or supplementary mission. The Bureau may not on dele- service for which no payment is re- gated authority deny an extension request but must refer recommended de- quired from consumers in order to re- nials to the Commission. ceive the service is feeable if the DTV (iv) Applications for extension of licensee directly or indirectly receives time shall be filed at least 30 days prior compensation from a third party in re- to the relevant construction deadline, turn for the transmission of material absent a showing of sufficient reasons provided by that third party (other for filing within less than 30 days of than commercial advertisements used the relevant construction deadline. to support broadcasting for which a (e) The application for construction subscription fee is not required). The permit must be filed on Form 301 (ex- fee required by this provision shall be cept for noncommercial stations, which imposed on any and all revenues from must file on Form 340) on or before the such services, other than revenues re- date on which half of the construction ceived from a third party in return for period has elapsed. Thus, for example, the transmission of commercial adver- for applicants in category (d)(1)(i), the tisements used to support broadcasting application for construction period for which a subscription fee is not re- must be filed by May 1, 1998. quired. (f)(i) Commencing on April 1, 2003, (2) Payment of fees. (i) Each December DTV television licensees and permit- 1, all commercial DTV licensees will tees must simulcast 50 percent of the electronically report whether they pro- video programming of the analog chan- vided ancillary or supplementary serv- nel on the DTV channel. ices in the twelve-month period ending (ii) Commencing on April 1, 2004, on the preceding September 30. Licens- DTV licensees and permittees must si- ees will further report, for the applica- mulcast 75% of the video programming ble period: (A) a brief description of the of the analog channel on the DTV services provided; (B) which services channel. were feeable ancillary or supple- (iii) Commencing on April 1, 2005, mentary services; (C) whether any an- DTV licensees and permittees must simulcast 100% of the video program- cillary or supplementary services pro- ming of the analog channel on the DTV vided were not subject to a fee; (D) channel. gross revenues received from all (iv) The simulcasting requirements feeable ancillary and supplementary imposed in paragraphs (f) (i)–(iii) of services provided during the applicable this section will terminate when the period; and (E) the amount of analog channel terminates operation bitstream used to provide ancillary or and a 6 MHz channel is returned by the supplementary services during the ap- DTV licensee or permittee to the Com- plicable period. Licensees will certify mission. under penalty of perjury the accuracy (g) Commercial DTV licensees must of the information reported. Failure to annually remit a fee of five percent of file regardless of revenues from ancil- the gross revenues derived from all an- lary or supplementary services or pro- cillary or supplementary services, as vision of such services may result in defined by paragraph (b) hereof, which appropriate sanctions.

196

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.625

(ii) If a commercial DTV licensee has predicted field strength contours give provided feeable ancillary or supple- no assurance of service to any specific mentary services at any point during a percentage of receiver locations within twelve-month period ending on Sep- the distances indicated. tember 30, the licensee must addition- (b) Determining coverage. (1) In pre- ally file the FCC’s standard remittance dicting the distance to the field form (Form 159) on the subsequent De- strength contours, the F (50,50) field cember 1. Licensees will certify the strength charts (Figures 9, 10 and 10b of amount of gross revenues received from § 73.699 of this part) and the F (50,10) feeable ancillary or supplementary field strength charts (Figures 9a, 10a services for the applicable twelve- and 10c of § 73.699 of this part) shall be month period and will remit the pay- used. To use the charts to predict the ment of the required fee. distance to a given F (50,90) contour, (iii) The Commission reserves the the following procedure is used: Con- right to audit each licensee’s records vert the effective radiated power in which support the calculation of the kilowatts for the appropriate azimuth amount specified on line 23A of Form into decibel value referenced to 1 kW 159. Each licensee, therefore, is re- (dBk). Subtract the power value in dBk quired to retain such records for three from the contour value in dBu. Note years from the date of remittance of that for power less than 1 kW, the dif- fees. ference value will be greater than the [62 FR 26989, May 16, 1997, as amended at 63 contour value because the power in FR 15784, Apr. 1, 1998; 63 FR 69216, Dec. 16, dBk is negative. Locate the difference 1998; 64 FR 4327, Jan. 28, 1999] value obtained on the vertical scale at the left edge of the appropriate F § 73.625 DTV coverage of principal (50,50) chart for the DTV station’s community and antenna system. channel. Follow the horizontal line for (a) Transmitter location. that value into the chart to the point (1) The DTV transmitter location of intersection with the vertical line shall be chosen so that, on the basis of above the height of the antenna above the effective radiated power and an- average terrain for the appropriate azi- tenna height above average terrain em- muth located on the scale at the bot- ployed, the following minimum F tom of the chart. If the point of inter- (50,90) field strength in dB above one section does not fall exactly on a dis- uV/m will be provided over the entire tance curve, interpolate betweenthe principal community to be served: distance curves below and above the intersection point. The distance values for the curves are located along the Channels 2±6 ...... L28 dBu right edge of the chart. Using the ap- Channels 7±13 ...... 36 dBu propriate F (50,10) chart for the DTV Channels 14±69 ...... 41 dBu station’s channel, locate the point where the distance coincides with the (2) The location of the antenna must vertical line above the height of the be so chosen that there is not a major antenna above average terrain for the obstruction in the path over the prin- appropriate azimuth located on the cipal community to be served. scale at the bottom of the chart. Fol- (3) For the purposes of this section, low a horizontal line from that point to coverage is to be determined in accord- the left edge of the chart to determine ance with paragraph (b) of this section. the F (50,10) difference value. Add the Under actual conditions, the true cov- power value in dBk to this difference erage may vary from these estimates value to determine the F (50,10) con- because the terrain over any specific tour value in dBu. Subtract the F path is expected to be different from (50,50) contour value in dBu from this F the average terrain on which the field (50,10) contour value in dBu. Subtract strength charts were based. Further, this difference from the F (50,50) con- the actual extent of service will usu- tour value in dBu to determine the F ally be less than indicated by these es- (50,90) contour value in dBu at the per- timates due to interference from other tinent distance along the pertinent ra- stations. Because of these factors, the dial.

197

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.625 47 CFR Ch. I (10–1–99 Edition)

(2) The effective radiated power to be therefrom. The radials should be drawn used is that radiated at the vertical for each 45 degrees of azimuth starting angle corresponding to the depression with True North. At least one radial angle between the transmitting an- must include the principal community tenna center of radiation and the radio to be served even though such commu- horizon as determined individually for nity may be more than 16.1 kilometers each azimuthal direction concerned. In (10 miles) from the antenna site. How- cases where the relative field strength ever, in the event none of the evenly at this depression angle is 90% or more spaced radials include the principal of the maximum field strength devel- community to be served and one or oped in the vertical plane containing more such radials are drawn in addi- the pertaining radial, the maximum ration to the 8 evenly spaced radials, diation shall be used. The depression such additional radials shall not be em- angle is based on the difference in ele- ployed in computing the antenna vation of the antenna center of radi- height above average terrain. Where ation above the average terrain and the the 3.2–16.1 kilometers (2–10 mile) por- radio horizon, assuming a smooth tion of a radial extends in whole or in spherical earth with a radius of 8,495.5 part over large bodies of water (such as kilometers (5,280 miles) and shall be de- ocean areas, gulfs, sounds, bays, large termined by the following equation: lakes, etc., but not rivers) or extends A = 0.0277 square root of H over foreign territory but the contour Where: encompasses land area within the A is the depression angle in degrees. United States beyond the 16.1 kilo- H is the height in meters of the transmitting meters (10 mile) portion of the radial, antenna radiation center above average the entire 3.2–16.1 kilometers (2–10 terrain of the 3.2–16.1 kilometers (2–10 miles) sector of the pertinent radial. mile) portion of the radial shall be in- This formula is empirically derived for the cluded in the computation of antenna limited purpose specified here. Its use for height above average terrain. However, any other purpose may be inappropriate. where the contour does not so encom- (3) Applicants for new DTV stations pass United States land area and (1) or changes in the facilities of existing the entire 3.2–16.1 kilometers (2–10 DTV stations must submit to the FCC mile) portion of the radial extends over a showing as to the location of their large bodies of water or foreign terri- stations’ or proposed stations’ contour. tory, such radial shall be completely This showing is to include a map show- omitted from the computation of an- ing this contour, except where appli- tenna height above average terrain, cants have previously submitted mate- and (2) where a part of the 3.2–16.1 kilo- rial to the FCC containing such infor- meters (2–10 mile) portion of a radial mation and it is found upon careful ex- extends over large bodies of water or amination that the contour locations over foreign territory, only that part of indicated therein would not change, on the radial extending from the 3.2 kilo- any radial, when the locations are de- meter (2 mile) sector to the outermost termined under this section. In the lat- portion of land area within the United ter cases, a statement by a qualified States covered by the radial shall be engineer to this effect will satisfy this employed in the computation of an- requirement and no contour maps need tenna height above average terrain. be submitted. The profile graph for each radial should (4) The antenna height to be used be plotted by contour intervals of from with these charts is the height of the 12.2–30.5 meters (40–100 feet) and, where radiation center of the antenna above the data permits, at least 50 points of the average terrain along the radial in elevation (generally uniformly spaced) question. In determining the average should be used for each radial. In in- elevation of the terrain, the elevations stances of very rugged terrain where between 3.2–16.1 kilometers (2–10 miles) the use of contour intervals of 30.5 me- from the antenna site are employed. ters (100 feet) would result in several Profile graphs shall be drawn for 8 points in a short distance, 61.0–122.0 radials beginning at the antenna site meter (200–400 foot) contour intervals and extending 16.1 kilometers (10 miles) may be used for such distances. On the

198

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.625

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 graphic map (see paragraph (b)(5) of available. If such maps are not pub- this section) should be used, although lished for the area in question, the next only relatively few points may be best topographic information should be available. The profile graphs should in- used. Topographic data may sometimes dicate the topography accurately for be obtained from State and Municipal each radial, and the graphs should be agencies. Data from Sectional Aero- plotted withthe distance in kilometers nautical Charts (including bench as the abscissa and the elevation in marks) or railroad depot elevations and meters above mean sea level as the or- highway elevations from road maps dinate. The profile graphs should indi- may be used where no better informa- cate the source of the topographical tion is available. In cases where lim- data employed. The graph should also ited topographic data is available, use show the elevation of the center of the may be made of an altimeter in a car radiating system. The graph may be driven along roads extending generally plotted either on rectangular coordi- radially from the transmitter site. nate paper or on special paper which United States Geological Survey Topo- shows the curvature of the earth. It is graphic Quadrangle Maps may be ob- not necessary to take the curvature of tained from the United States Geologi- the earth into consideration in this cal Survey, Department of the Interior, procedure, as this factor is taken care Washington, D.C. 20240. Sectional Aero- of in the charts showing signal nautical Charts are available from the strengths. The average elevation of the United States Coast and Geodetic Sur- 12.9 kilometer (8 miles) distance be- vey, Department of Commerce, Wash- tween 3.2–16.1 kilometers (2–10 miles) ington, D.C. 20235. In lieu of maps, the from the antenna site should then be average terrain elevation may be com- determined from the profile graph for puter generated, except in the cases of each radial. This may be obtained by dispute, using elevations from a 30 sec- averaging a large number of equally ond point or better topographic data spaced points, by using a planimeter, file. The file must be identified and the or by obtaining the median elevation data processed for intermediate points (that exceeded for 50% of the distance) along each radial using linear inter- in sectors and averaging those values. polation techniques.The height above In directions where the terrain is such mean sea level of the antenna site that negative antenna heights or must be obtained manually using ap- heights below 30.5 meters (100 feet) for propriate topographic maps. the 3.2 to 16.1 kilometers (2 to 10 mile) (c) Antenna system. (1) The antenna sector are obtained, an assumed height system shall be designed so that the ef- of 30.5 meters (100 feet) shall be used fective radiated power at any angle for the prediction of coverage. How- above the horizontal shall be as low as ever, where the actual contour dis- the state of the art permits, and in the tances are critical factors, a supple- same vertical plane may not exceed the mental showing of expected coverage effective radiated power in either the must be included together with a de- horizontal direction or below the hori- scription of the method employed in zontal, whichever is greater. predicting such coverage. In special (2) An antenna designed or altered to cases, the Commission may require ad- produce a noncircular radiation pat- ditional information as to terrain and tern in the horizontal plane is consid- coverage. ered to be a directional antenna. An- (5) In the preparation of the profile tennas purposely installed in such a graph previously described, and in de- manner as to result in the mechanical termining the location and height beam tilting of the major vertical radi- above sea level of the antenna site, the ation lobe are included in this cat- elevation or contour intervals shall be egory. taken from the United States Geologi- (3) Applications proposing the use of cal Survey Topographic Quadrangle directional antenna systems must be Maps, United States Army Corps of En- accompanied by the following:

199

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.625 47 CFR Ch. I (10–1–99 Edition)

(i) Complete description of the pro- more individual antennas, this means posed antenna system, including the that the patterns for the composite an- manufacturer and model number of the tenna, not the patterns for each of the proposed directional antenna. individual antennas, must be sub- (ii) Relative field horizontal plane mitted. pattern (horizontal polarization only) (4) Where simultaneous use of anten- of the proposed directional antenna. A nas or antenna structures is proposed, value of 1.0 should be used for the max- the following provisions shall apply: imum radiation. The plot of the pat- (i) In cases where it is proposed to tern should be oriented so that 0 de- use a tower of an AM broadcast station grees corresponds to true North. Where as a supporting structure for a DTV mechanical beam tilt is intended, the broadcast antenna, an appropriate ap- amount of tilt in degrees of the an- plication for changes in the radiating tenna vertical axis and the orientation system of the AM broadcast station of the downward tilt with respect to must be filed by the licensee thereof. A true North must be specified, and the formal application (FCC Form 301, or horizontal plane pattern must reflect FCC Form 340 for a noncommercial the use of mechanical beam tilt. educational station) will be required if (iii) A tabulation of the relative field the proposal involves substantial pattern required in paragraph (c)(3)(ii) change in the physical height or radi- of this section. The tabulation should ation characteristics of the AM broad- use the same zero degree reference as cast antennas; otherwise an informal the plotted pattern, and be tabulated application will be acceptable. (In case at least every 10 degrees. In addition, of doubt, an informal application (let- tabulated values of all maxima and ter) together with complete engineer- minima, with their corresponding azi- ing data should be submitted.) An ap- muths, should be submitted. plication may be required for other (iv) Horizontal and vertical plane ra- classes of stations when the tower is to diation patterns showing the effective be used in connection with a DTV sta- radiated power, in dBk, for each direction. tion. Sufficient vertical plane patterns must be included to indicate clearly (ii) When the proposed DTV antenna the radiation characteristics of the anis to be mounted on a tower in the vi- tenna above and below the horizontal cinity of an AM station directional an- plane. In cases where the angles at tenna system and it appears that the which the maximum vertical radiation operation of the directional antenna varies with azimuth, a separate system may be affected, an engineering vertical radiation pattern must be pro- study must be filed with the DTV ap- vided for each pertinent radial direc- plication concerning the effect of the tion. DTV antenna on the AM directional ra- (v) All horizontal plane patterns diation pattern. Field measurements of must be plotted to the largest scale the AM stations may be required prior possible on unglazed letter-size polar to and following construction of the coordinate paper (main engraving ap- DTV station antenna, and readjust- proximately 18 cm×25 cm (7 inches×10 ments made as necessary. inches)) using only scale divisions and (5) Applications proposing the use of subdivisions of 1, 2, 2.5. or 5 times 10- electrical beam tilt pursuant to section nth. All vertical plane patterns must 73.622(f)(4) must be accompanied by the be plotted on unglazed letter-size rec- following: tangular coordinate paper. Values of (i) Complete description of the pro- field strength on any pattern less than posed antenna system, including the 10 percent of the maximum field manufacturer and model number. strength plotted on that pattern must Vertical plane radiation patterns con- be shown on an enlarged scale. forming with paragraphs (c)(3)(iv), (vi) The horizontal and vertical plane (c)(3)(v) and (c)(3)(vi) of this section. patterns that are required are the pat- (ii) For at least 36 evenly spaced terns for the complete directional an- radials, including 0 degrees cor- tenna system. In the case of a com- responding to true North, a determina- posite antenna composed of two or tion of the depression angle between

200

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.642

the transmitting antenna center of ra- (2) Licensees and permittees of low diation and the radio horizon using the power TV stations. formula in paragraph (b)(2) of this sec- (b) A licensee or permittee of a com- tion. mercial TV station or a low power TV (iii) For each such radial direction, station may begin subscription TV the ERP at the depression angle, tak- service upon installation of encoding ing into account the effect of the elec- equipment having advance FCC ap- trical beam tilt, mechanical beam tilt, proval. However, the licensee or per- if used, and directional antenna pat- mittee of a TV broadcast station (not tern if a directional antenna is speci- applicable to low power TV stations) fied. must send a letter to the FCC in Wash- (iv) The maximum ERP toward the ington, DC, that subscription TV serv- radio horizon determined by this proc- ice will commence at least 30 days ess must be clearly indicated. In addi- prior to commencement of such serv- tion, a tabulation of the relative fields ice. In that letter, to be entitled ‘‘No- representing the effective radiation tice of Commencement of STV Oper- pattern toward the radio horizon in the ations,’’ the licensee or permittee is to 36 radial directions must be submitted. state that it will comply with the pro- A value of 1.0 should be used for the visions of paragraphs (e)(1) through maximum radiation. (e)(3) and § 73.644(c) of this chapter and identify the make and type of encoding [62 FR 26990, May 16, 1997, as amended at 63 system to be used. A similar notice FR 13562, Mar. 20, 1998] must be submitted if the licensee or § 73.635 Use of common antenna site. permittee commences using another type of encoding system. (See section No television license or renewal of a 644(h).) A notice must also be sub- television license will be granted to mitted to the FCC in Washington, DC, any person who owns, leases, or con- if encoded subscription TV service is to trols a particular site which is pecu- be discontinued, at least 30 days prior liarly suitable for television broad- to such discontinuance. casting in a particular area and (a) (c) The station proof of system com- which is not available for use by other pliance measurement data (see television licensees; and (b) no other § 73.644(c)) need not be submitted to the comparable site is available in the FCC, however, the measurement data area; and (c) where the exclusive use of must be available to the FCC upon re- such site by the applicant or licensee quest. would unduly limit the number of tele- (d) The use of the visual vertical vision stations that can be authorized blanking interval or an aural subcar- in a particular area or would unduly rier for transmitting subscriber de- restrict competition among television coder control code signals during peri- stations. ods of normal non-encoded program- [28 FR 13660, Dec. 14, 1963] ming may be used only upon specific FCC authorization. Letter requests to § 73.641 Subscription TV definitions. 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 TV broadcast or low power TV to be received in intelligible form for a station may not transmit a subscrip- fee or charge. tion service if it has a contract, arrangement, or understanding, ex- [52 FR 6154, Mar. 2, 1987] pressed or implied, that: (1) Prevents or hinders it from reject- § 73.642 Subscription TV service. ing or refusing any subscription TV (a) Subscription TV service may be broadcast program that it reasonably provided by: believes to be unsatisfactory or unsuit- (1) Licensees and permittees of com- able or contrary to the public inter- mercial TV stations, and ests; or substituting a subscription or

201

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.643 47 CFR Ch. I (10–1–99 Edition)

conventional program that, in its opin- exempted in the provisions of those ion, is of greater local or national im- rules and policies. portance; or [48 FR 56392, Dec. 21, 1983] (2) Delegates to any other person the right to schedule the hours of trans- § 73.644 Subscription TV transmission mission of subscription programs. How- systems. ever, this rule does not prevent a li- (a) Licensees and permittees of com- censee or permittee from entering into mercial TV broadcast and low power an agreement or arrangement whereby TV stations may conduct subscription it agrees to schedule a specific sub- operations only by using an encoding scription TV broadcast program at a system that has been approved in ad- specific time or to schedule a specific vance by the FCC. Such advance ap- number of hours of subscription pro- proval may be applied for and granted grams during the broadcast day (or in accordance with the procedures segments thereof) or weeks; or given in Subpart M Part 2 of the Rules. (3) Deprives it of the right of ulti- (b) The criteria for advance approval mate decision concerning the max- of subscription TV transmitting sys- imum amount of any subscription pro- tems by the FCC are as follows: gram charge or fee. (1) Spectral energy in the trans- (4) Has provisions that do not comply mitted signal must not exceed the lim- with the following policies of the FCC: itations given in § 73.687(e). (i) Unless a satifactory signal is un- (2) No increase in width of the tele- available at the location where service vision broadcast channel (6 MHz.) is is desired, subscription TV service permitted. must be provided to all persons desir- (3) The technical system must enable ing it within the Grade A contour of stations to transmit encoded subscrip- the station broadcasting subscription tion TV programs without increasing programs. Geographic or other reason- the RMS output power from either the able patterns of installation for new video or audio transmitters over that subscription services is permitted and, required to transmit the same program for good cause, service may be termi- material using normal transmission nated. standards. (ii) Charges, terms and conditions of (4) Modification of a type accepted service to subscribers must be applied TV broadcast or low power TV trans- uniformly. However, subscribers may mitter for encoded transmissions must be divided into reasonable classifica- not render transmitter incapable of options approved by the FCC, and the im- erating in accordance with the oper- positions of different sets of terms and ating specifications upon which type 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 the transmission of programming with scription system generally uses a cred- normal transmission standards. it-type decoder, cash operated decoders may be installed for some subscribers. (6) Subscriber decoder devices must meet the provisions, where required, of [48 FR 56392, Dec. 21, 1983, as amended at 52 Subpart H of Part 15 of the FCC Rules FR 6154, Mar. 2, 1987] 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

202

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.646

radiated radio frequency and demodu- (i) The station licensee is fully related baseband and waveforms, trans- sponsible for all technical operations of mitter operating power determination, the station during transmissions of en- and the occupied bandwidth limita- coded subscription programming, re- tions specified in the application for gardless of the supplier of the encoding advance FCC approval of the system equipment or subscription program being used. A copy of the measurement service. data is to be maintained in the station files and made available to the FCC NOTE: Stations transmitting encoded subscription programming prior to October 1, upon request. 1983, must comply with all technical and op- (d) The licensee of a station trans- erating requirements of this Section no later mitting an encoded subscription serv- than April 1, 1984. Stations not having the ice must have at the transmitter con- information to comply with this Section trol point the technical specifications must obtain such information from the man- for the system being used of both the ufacturer of the encoding system being used, aural and visual baseband signals and and if necessary, by measurements of the the transmitted radiofrequency sig- station’s transmission system. nals, and have the necessary measuring (j) Upon request by an authorized and monitoring equipment, including representative of the FCC, the licensee transmitter output power measuring of a TV station transmitting encoded equipment, to determine that the programming must make available a transmissions conform to the advance receiving decoder to the Commission to approval specifications on file with the carry out its regulatory responsibil- FCC. Full operating specifications for ities. the system must be available to representatives of the FCC upon request. [48 FR 56392, Dec. 21, 1983, as amended at 57 (e) The operating power of the trans- FR 48333, Oct. 23, 1992] mitters during encoded operations must be determined and maintained § 73.646 Telecommunications Service on the Vertical Blanking Interval according to the procedures given in and in the Visual Signal. the application for advance approval. (f) A station using an encoding sys- (a) Telecommunications services per- tem in accordance with the specifica- mitted on the vertical blanking inter- tions filed with the application for ad- val (VBI) and in the visual signal in- vance approval is deemed to be exempt- clude the transmission of data, proc- ed from those technical regulations of essed information, or any other com- this Subpart and Subpart H to the ex- munication in either a digital or ana- tent they are specifically detailed in log mode. the application. (b) Telecommunications service on (g) No protection from interference the VBI and in the visual signal is of of any kind will be afforded to recep- an ancillary nature and as such is an tion of encoded subscription program- elective, subsidiary activity. No serv- ming over that afforded reception of ice guidelines, limitations, or perform- non-encoded signals. ance standards are applied to it. The (h) A licensee or permittee may kinds of service that may be provided make no modifications on a subscrip- include, but are not limited to, tele- tion encoding system that would alter text, paging, computer software and the characteristics of the transmitted bulk data distribution, and aural mes- aural or visual signal from those speci- sages. Such services may be provided fied in the application for advance ap- on a broadcast, point-to-point, or point proval. A licensee or permittee of a sta- to multipoint basis. tion replacing its encoding system (c) Telecommunications services that must perform the measurements re- are common carrier in nature are sub- quired by paragraph (c) of this section. ject to common carrier regulation. Li- A TV broadcast station licensee or per- 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.

203

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.653 47 CFR Ch. I (10–1–99 Edition)

(d) Television licensees are author- for, broadcasting the programs of any ized to lease their VBI and visual sig- other network organization. (The term nal telecommunications facilities to ‘‘network organization’’ as used in this outside parties. In all arrangements en- section includes national and regional tered into with outside parties affect- network organizations. See ch. VII, J, ing telecommunications service oper- of Report on Chain Broadcasting.) ation, the licensee or permittee must (b) Territorial exclusively. No license retain control over all material trans- shall be granted to a television broad- mitted in a broadcast mode via the sta- cast station having any contract, ar- tion’s facilities, with the right to re- rangement, or understanding, express ject any material that it deems inap- or implied, with a network organiza- propriate or undesirable. The licensee tion which prevents or hinders another or permittee is also responsible for all broadcast station located in the same aspects of technical operation involv- community from broadcasting the net- ing such telecommunications services. work’s programs not taken by the (e) The grant or renewal of a TV sta- former station, or which prevents or tion license or permit will not be hinders another broadcast station lo- furthered or promoted by proposed or cated in a different community from past VBI or visual signal telecommuni- broadcasting any program of the net- cations service operation; the licensee work organization. This section shall must establish that its broadcast oper- not be construed to prohibit any con- ation serves the public interest wholly tract, arrangement, or understanding apart from such telecommunications between a station and a network orga- service activities. (Violation of rules nization pursuant to which the station applicable to VBI and visual signal is granted the first call in its commu- telecommunications services could, of nity upon the programs of the network course, reflect on a licensee’s qualifica- organization. As employed in this para- tions to hold its license or permit.) graph, the term ‘‘community’’ is de- (f) TV broadcast stations are author- fined as the community specified in the ized to transmit VBI and visual tele- instrument of authorization as the lo- communications service signals during cation of the station. any time period, including portions of (c) [Reserved] the day when normal programming is (d) Station commitment of broadcast not broadcast. Such transmissions time. No license shall be granted to a must be in accordance with the tech- television broadcast station having any nical provisions of § 73.682. contract, arrangement, or under- [50 FR 4663, Feb. 1, 1985, as amended at 50 FR standing, express or implied, with any 9035, Mar. 6, 1985; 61 FR 36304, July 10, 1996] network organization, which provides for optioning of the station’s time to § 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 [54 FR 9806, Mar. 8, 1989] the station from scheduling programs before the network agrees to utilize the § 73.658 Affiliation agreements and time during which such programs are 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

204

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.658

offered or already contracted for pursu- with a network organization, if the sta- ant to an affiliation contract, prevents tion has any contract, arrangement or or hinders the station from: understanding, express or implied, (1) Rejecting or refusing network pro- which provides for the affiliation of the grams which the station reasonably be- station with such network organiza- lieves to be unsatisfactory or unsuit- tion: Provided, however, That this rule able or contrary to the public interest, shall not be applicable to stations li- or censed to a network organization or to (2) Substituting a program which, in a subsidiary of a network organization. the station’s opinion, is of greater local (j)—(l) [Reserved] or national importance. (m) Territorial exclusivity in non-net- (f) [Reserved] work arrangements. (1) No television (g) Dual network operation. A tele- station shall enter into any contract, vision broadcast station may affiliate arrangement, or understanding, ex- with a person or entity that maintains two or more networks of television pressed or implied; with a non-network broadcast stations unless such dual or program producer, distributor, or sup- multiple networks are composed of: plier, or other person; which prevents (1) Two or more persons or entities or hinders another television station that, on February 8, 1996, were ‘‘net- located in a community over 56.3 kilo- works.’’ For the purposes of this parameters (35 miles) away, as determined graph, the term network means any by the reference points contained in person, entity, or corporation which of- § 76.53 of this chapter, (if reference fers an interconnected program service points for a community are not listed on a regular basis for 15 or more hours in § 76.53, the location of the main post per week to at least 25 affiliated tele- office will be used) from broadcasting vision licensees in 10 or more states; any program purchased by the former and/or any person, entity, or corpora- station from such non-network pro- tion controlling, controlled by, or gram producer, distributor, supplier, or under common control with such per- other person, except that a television son, entity, or corporation; or station may secure exclusivity against (2) Any network described in para- a television station licensed to another graph (g)(1) of this section and an designated community in a hyphenated English-language program distribution market specified in the market listing service that, on February 8, 1996, pro- as contained in § 76.51 of this chapter vided four or more hours of program- for those 100 markets listed, and for ming per week on a national basis pur- markets not listed in § 76.51 of this suant to network affiliation arrange- chapter, the listing as contained in the ments with local television broadcast ARB Television Market Analysisfor the stations in markets reaching more most recent year at the time that the than 75 percent of television homes (as exclusivity contract, arrangement or measured by a national ratings serv- understanding is complete under prac- ice). tices of the industry. As used in this (h) Control by networks of station rates. paragraph, the term ‘‘community’’ is No license shall be granted to a tele- defined as the community specified in vision broadcast station having any contract, arrangement, or under- the instrument of authorization as the standing, express or implied, with a location of the station. network organization under which the (2) Notwithstanding paragraph (m)(1) station is prevented or hindered from, of this section, a television station or penalized for, fixing or altering its may enter into a contract, arrange- rates for the sale of broadcast time for ment, or understanding with a pro- other than the network’s programs. ducer, supplier, or distributor of a non- (i) No license shall be granted to a network program if that contract, ar- television broadcast station which is rangement, or understanding provides represented for the sale of non-network that the broadcast station has exclu- time by a network organization or by sive national rights such that no other an organization directly or indirectly television station in the United States controlled by or under common control may broadcast the program.

205

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T §§ 73.659—73.663 47 CFR Ch. I (10–1–99 Edition)

NOTE 1: Contracts, arrangements, or under- (b) Direct method, visual transmitter. standings that are complete under the prac- The direct method of power determina- tices of the industry prior to August 7, 1973, tion for a TV visual transmitter uses will not be disturbed. Extensions or renewals of such agreements are not permitted be- the indications of a calibrated trans- cause they would in effect be new agree- mission line meter (responsive to peak ments without competitive bidding. How- power) located at the RF output termi- ever, such agreements that were based on nals of the transmitter. The indica- the broadcaster’s advancing ‘‘seed money’’ tions of the calibrated meter are used for the production of a specific program or to observe and maintain the authorized series that specify two time periods—a try- operating power of the visual trans- out period and period thereafter for general exhibition—may be extended or renewed as mitter. This meter must be calibrated contemplated in the basic agreement. whenever any component in the meter- NOTE 2: It is intended that the top 100 ing circuit is repaired or replaced and major television markets listed in § 76.51 of as often as necessary to ensure oper- this chapter shall be used for the purposes of ation in accordance with the provisions this rule and that the listing of the top 100 of § 73.1560 of this part. The following television markets appearing in the ARB calibration procedures are to be used: Television Market Analysis shall not be (1) The transmission line meter is used. The reference in this rule to the listing of markets in the ARB Television Market calibrated by measuring the average Analysis refers to hyphenated markets below power at the output terminals of the the top-100 markets contained in the ARB transmitter, including any vestigial Television Market Analysis. If a community sideband and harmonic filters which is listed in a hyphenated market in § 76.51 may be used in normal operation. For and is also listed in one of the markets in this determination the average power the ARB listing, the listing in § 76.51 shall output is measured while operating govern. into a dummy load of substantially NOTE 3: The provisions of this paragraph apply only to U.S. commercial television zero reactance and a resistance equal broadcast stations in the 50 states, and not to the transmission line characteristic to stations in Puerto Rico or the Virgin Is- impedance. During this measurement lands, foreign stations or noncommercial the transmitter is to be modulated educational television or ‘‘public’’ television only by a standard synchronizing sig- stations (either by way of restrictions on nal with blanking level set at 75% of their exclusivity or on exclusivity against peak amplitude as observed in an out- them). put waveform monitor, and with this NOTE 4: New stations authorized in any blanketing level amplitude maintained community of a hyphenated market listed in § 76.51 of this chapter or in any community of throughout the time interval between a hyphenated market listed in the ARB Tele- synchronizing pulses. vision Market Analysis (for markets below (2) If electrical devices are used to the top-100 markets) are subject to the same determine the output power, such de- rules as previously existing stations therein. vices must permit determination of New stations authorized in other commu- this power to within an accuracy of nities are considered stations in separate ±5% of the power indicated by the full markets unless and until § 76.51 is amended by Commission action, or the ARB listing is scale reading of the electrical indi- changed. cating instrument of the device. If temperature and coolant flow indi- (Sec. 5, 48 Stat. 1068 (47 U.S.C. 155)) cating devices are used to determine [28 FR 13660, Dec. 14, 1963] the power output, such devices must permit determination of this power to EDITORIAL NOTE: For FEDERAL REGISTER ci- within an accuracy of ±4% of measured tations affecting § 73.658, see the List of CFR Sections Affected in the Finding Aids sec- average power output. The peak power tion of this volume. output is the power so measured in the dummy load multiplied by the factor §§ 73.659—73.663 [Reserved] 1.68. During this measurement the input voltage and current to the final § 73.664 Determining operating power. radio frequency amplifier stage and the (a) The operating power of each TV transmission line meter are to be read visual transmitter shall normally be and compared with similar readings determined by the direct method. taken with the dummy load replaced

206

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.665

by the antenna. These readings must following procedures listed in order of be in substantial agreement. preference: (3) The meter must be calibrated (i) Using the most recent measure- with the transmitter operating at 80%, ment data for calibration of the trans- 100%, and 110% of the authorized power mission line meter according to the as often as may be necessary to main- procedures described in paragraph (b) tain its accuracy and ensure correct of this section or the most recent transmitter operating power. In cases measurements made by the licensee es- where the transmitter is incapable of tablishing the value of F. In the case of operating at 110% of the authorized composite transmitters or those in power output, the calibration may be which the final amplifier stages have made at a power output between 100% been modified pursuant to FCC ap- and 110% of the authorized power out- proval, the licensee must furnish the put. However, where this is done, the FCC and also retain with the station output meter must be marked at the records the measurement data used as point of calibration of maximum power a basis for determining the value of F. output, and the station will be deemed (ii) Using measurement data shown to be in violation of this rule if that on the transmitter manufacturer’s test power is exceeded. The upper and lower data supplied to the licensee, provided limits of permissible power deviation that measurements were made at the as determined by the prescribed cali- authorized carrier frequency and trans- bration, must be shown upon the meter mitter output power. either by means of adjustable red (iii) Using the transmitter manufac- markers incorporated in the meter or turer’s measurement data submitted to by red marks placed upon the meter the FCC for type acceptance as shown scale or glass face. These markings in the instruction book supplied to the must be checked and changed, if nec- licensee. essary, each time the meter is cali- NOTE: Refer to § 73.1560 for aural trans- brated. mitter output power levels. (c) Indirect method, visual transmitter. The operating power is determined by [44 FR 58732, Oct. 11, 1979, as amended at 48 the indirect method by applying an ap- FR 44805, Sept. 30, 1983; 49 FR 4210, Feb. 3, 1984; 49 FR 22092, May 25, 1984; 49 FR 49851, propriate factor to the input power to Dec. 24, 1984; 50 FR 26568, June 27, 1985; 54 FR the final radio-frequency amplifier 9806, Mar. 8, 1989. Redesignated at 58 FR stage of the transmitter using the fol- 62555, Nov. 29, 1993] lowing formula: § 73.665 Use of TV aural baseband sub- Transmitter output power=Ep x Ip x F carriers. Where: Licensees of TV broadcast stations Ep=DC input voltage of the final radio-fre- may transmit, without further author- quency amplifier stage. ization from the FCC, subcarriers and Ip=DC input current of the final radio-fre- signals within the composite baseband quency amplifier stage. for the following purposes: F=Efficiency factor. (a) Stereophonic (biphonic, (1) If the above formula is not appro- quadraphonic, etc.) sound programs priate for the design of the transmitter under the provisions of §§ 73.667 and final amplifier, use a formula specified 73.669. by the transmitter manufacturer with (b) Transmission of signals relating other appropriate operating param- to the operation of TV stations, such as eters. relaying broadcast materials to other (2) The value of the efficiency factor, stations, remote cueing and order mes- F established for the authorized trans- sages, and control and telemetry sig- mitter output power is to be used for nals for the transmitting system. maintaining the operating power, even (c) Transmission of pilot or control though there may be some variation in signals to enhance the station’s pro- F over the power operating range of the gram service such as (but not re- transmitter. stricted to) activation of noise reduc- (3) The value of F is to be determined tion decoders in receivers, for any and a record kept thereof by one of the other receiver control purpose, or for

207

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.667 47 CFR Ch. I (10–1–99 Edition)

program alerting and program identi- tion announcement required by fication. §§ 73.1201, 73.1208, and 73.1212 are not ap- (d) Subsidiary communications serv- plicable to leased communications ices. services transmitted via services that [49 FR 18105, Apr. 27, 1984] are not of a general broadcast nature. (e) The licensee or permittee must § 73.667 TV subsidiary communica- retain control over all material trans- tions services. mitted in a broadcast mode via the sta- (a) Subsidiary communications serv- tion’s facilities, with the right to re- ices are those transmitted within the ject any material that it deems inap- TV aural baseband signal, but do not propriate or undesirable. include services which enhance the [49 FR 18105, Apr. 27, 1984, as amended at 49 main program broadcast service or ex- FR 27147, July 2, 1984; 56 FR 49707, Oct. 1, clusively relate to station operations 1991] (see § 73.665(a), (b), and (c)). Subsidiary communications include, but are not § 73.669 TV stereophonic aural and limited to, services such as functional multiplex subcarrier operation. music, specialized foreign language (a) A TV broadcast station may with- programs, radio reading services, utility load management, market and fi- out specific authority from the FCC, nancial data and news, paging and call- transmit multichannel aural programs ing, traffic control signal switching, upon installation of multichannel and point-to-point or multipoint mes- sound equipment. Prior to commence- sages. ment of multichannel broadcasting, (b) TV subsidiary communications the equipment shall be measured in ac- services that are common carrier or cordance with § 73.1690(e). private radio in nature are subject to (b) Multiplex subcarriers may be used common carrier or private radio regu- by a TV station pursuant to the provi- lation. Licensees operating such serv- sions of § 73.665 and may be transmitted ices are required to apply to the FCC on a secondary, non-interference basis for the appropriate authorization and to broadcast programming without spe- to comply with all policies and rules cific authority from the FCC. Trans- applicable to the service. Responsi- missions must be conducted in accord- bility for making the initial deter- ance with the technical standards minations of whether a particular ac- given in § 73.682(c). tivity requires separate authority rests (c) In all arrangements entered into with the TV station licensee or per- with outside parties affecting non-committee. Initial determinations by limon carrier subcarrier operation, the censees or permittees are subject to licensee or permittee must retain con- FCC examination and may be reviewed trol over all material transmitted over at the FCC’s discretion. the station’s facilities, with the right (c) Subsidiary communications serv- to reject any material which is deemed ices are of a secondary nature under inappropriate or undesirable. Sub- the authority of the TV station author- channel leasing arrangements must be ization, and the authority to provide kept in writing at the station and such communications services may not made available to the FCC upon re- be retained or transferred in any man- quest. ner separate from the station’s authorization. The grant or renewal of a TV [49 FR 18106, Apr. 27, 1984] station permit or license is not furthered or promoted by proposed or § 73.670 Commercial limits in children’s programs. past subsidiary communications services. The permittee or licensee must No commercial television broadcast establish that the broadcast operation station licensee shall air more than is in the public interest wholly apart 10.5 minutes of commercial matter per from the subsidiary communications hour during children’s programming on services provided. weekends, or more than 12 minutes of (d) The station identification, de- commercial matter per hour on week- layed recording, and sponsor identifica- days.

208

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.671

NOTE 1: Commerical matter means air time licensee’s Children’s Television Pro- sold for purposes of selling a product or serv- gramming Report, as described in ice. § 73.3526(a)(8)(iii); and NOTE 2: For purposes of this section, children’s programming refers to programs origi- (6) Instructions for listing the pro- nally produced and broadcast primarily for gram as educational/informational, in- an audience of children 12 years old and cluding an indication of the age group younger. for which the program is intended, are provided by the licensee to publishers [56 FR 19616, Apr. 29, 1991; 56 FR 28825, June of program guides, as described in 25, 1991] § 73.673(b).

§ 73.671 Educational and informational NOTE 1 TO § 73.671: For purposes of deter- programming for children. mining under this section whether program- (a) Each commercial and non- ming has a significant purpose of serving the educational and informational needs of chil- commercial educational television dren, the Commission will ordinarily rely on broadcast station licensee has an obli- the good faith judgments of the licensee. gation to serve, over the term of its li- Commission review of compliance with that cense, the educational and informa- element of the definition will be done only as tional needs of children through both a last resort. the licensee’s overall programming and NOTE2TO§ 73.671: The Commission will use programming specifically designed to the following processing guideline in assess- serve such needs. ing whether a television broadcast licensee (b) Any special nonbroadcast efforts has complied with the Children’s Television Act of 1990 (‘‘CTA’’). A licensee that has which enhance the value of children’s aired at least three hours per week of Core educational and informational tele- Programming (as defined in paragraph (c) of vision programming, and any special this section and as averaged over a six effort to produce or support edu- month period) will be deemed to have satis- cational and informational television fied its obligation to air such programming programming by another station in the and shall have the CTA portion of its license licensee’s marketplace, may also con- renewal application approved by the Com- tribute to meeting the licensee’s obli- mission staff. A licensee will also be deemed to have satisfied this obligation and be eligi- gation to serve, over the term of its li- ble for such staff approval if the licensee cense, the educational and informa- demonstrates that it has aired a package of tional needs of children. different types of educational and informa- (c) For purposes of this section, edu- tional programming that, while containing cational and informational television somewhat less than three hours per week of programming is any television pro- Core Programming, demonstrates a level of gramming that furthers the edu- commitment to educating and informing cational and informational needs of children that is at least equivalent to airing three hours per week of Core Programming. children 16 years of age and under in In this regard, specials, PSAs, short-form any respect, including the child’s intel- programs, and regularly scheduled non-week- lectual/cognitive or social/emotional ly programs with a significant purpose of needs. Programming specifically de- educating and informing children can count signed to serve the educational and in- toward the three hour per week processing formational needs of children (‘‘Core guideline. Licensees that do not meet these Programming’’) is educational and in- processing guidelines will be referred to the formational programming that satis- Commission, where they will have full opportunity to demonstrate compliance with the fies the following additional criteria: CTA (e.g., by relying in part on sponsorship (1) It has serving the educational and of core educational/informational programs informational needs of children ages 16 on other stations in the market that in- and under as a significant purpose; creases the amount of core educational and (2) It is aired between the hours of informational programming on the station 7:00 a.m. and 10:00 p.m.; airing the sponsored program and/or on spe- (3) It is a regularly scheduled weekly cial nonbroadcast efforts which enhance the value of children’s educational and informa- program; tional television programming). (4) It is at least 30 minutes in length; (5) The educational and informa- [56 FR 19616, Apr. 29, 1991. Redesignated at 56 tional objective and the target child FR 28825, June 25, 1991, as amended at 61 FR audience are specified in writing in the 43997, Aug. 27, 1996]

209

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.672 47 CFR Ch. I (10–1–99 Edition)

§ 73.672 [Reserved] Antenna mechanical beam tilt. The in- tentional installation of a transmitting § 73.673 Public information initiatives antenna so that its axis is not vertical, regarding educational and informa- in order to change the normal angle of tional programming for children. maximum radiation in the vertical (a) Each commercial television plane. broadcast licensee shall identify pro- Antenna power gain. The square of the grams specifically designed to educate ratio of the root-mean-square free and inform children at the beginning of space field strength produced at 1 kilo- the program, in a form that is in the meter in the horizontal plane, in discretion of the licensee. millivolts per meter for one kW an- (b) Each commercial television tenna input power to 221.4 mV/m. This broadcast station licensee shall provide ratio should be expressed in decibels information identifying programming (dB). (If specified for a particular direc- specifically designed to educate and in- tion, antenna power gain is based on form children to publishers of program the field strength in that direction guides. Such information shall include only.) an indication of the age group for Aspect ratio. The ratio of picture which the program is intended. width to picture height as transmitted. [61 FR 43998, Aug. 27, 1996] Aural center frequency. (1) The average frequency of the emitted wave EFFECTIVE DATE NOTE: At 61 FR 43998, Aug. when modulated by a sinusoidal signal; 27, 1996, § 73.673 was added, effective either (2) the frequency of the emitted wave Jan. 2, 1997 or after approval has been given by the Office of Management and Budget, without modulation. whichever comes later. Aural transmitter. The radio equipment for the transmission of the aural § 73.681 Definitions. signal only. Amplitude modulation (AM). A system Auxiliary facility. An auxiliary facil- of modulation in which the envelope of ity is an antenna separate a from the the transmitted wave contains a com- main facility’s antenna, permanently ponent similar to the wave form of the installed on the same tower or at a dif- signal to be transmitted. ferent location, from which a station Antenna electrical beam tilt. The shap- may broadcast for short periods with- ing of the radiation pattern in the out prior Commission authorization or vertical plane of a transmitting an- notice to the Commission while the tenna by electrical means so that max- main facility is not in operation (e.g., imum radiation occurs at an angle where tower work necessitates turning below the horizontal plane. off the main antenna or where light- Antenna height above average terrain. ning has caused damage to the main The average of the antenna heights antenna or transmission system) (See above the terrain from approximately § 73.1675). 3.2 (2 miles) to 16.1 kilometers (10 BTSC. Broadcast Television systems miles) from the antenna for the eight committee recommendation for multi- directions spaced evenly for each 45 de- channel television sound transmission grees of azimuth starting with True and audio processing as defined in FCC North. (In general, a different antenna Bulletin OET 60. height will be determined in each di- Baseband. Aural transmitter input rection from the antenna. The average signals between 0 and 120 kHz. of these various heights is considered Blanking level. The level of the signal the antenna height above the average during the blanking interval, except terrain. In some cases less than 8 direc- the interval during the scanning syn- tions may be used. See § 73.684(d)). chronizing pulse and the chrominance Where circular or elliptical polariza- subcarrier synchronizing burst. tion is employed, the antenna height Chrominance. The colorimetric dif- above average terrain shall be based ference between any color and a ref- upon the height of the radiation center erence color of equal luminance, the of the antenna which transmits the reference color having a specific chro- horizontal component of radiation. maticity.

210

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.681

Chrominance subcarrier. The carrier Frequency modulation (FM). A system which is modulated by the chro- of modulation where the instantaneous minance information. radio frequency varies in proportion to Color transmission. The transmission the instantaneous amplitude of the of color television signals which can be modulating signal (amplitude of modu- reproduced with different values of lating signal to be measured after pre- hue, saturation, and luminance. emphasis, if used) and the instanta- Effective radiated power. The product neous radio frequency is independent of of the antenna input power and the an- the frequency of the modulating signal. tenna power gain. This product should Frequency swing. The peak difference be expressed in kW and in dB above 1 between the maximum and the min- kW (dBk). (If specified for a particular imum values of the instantaneous fre- direction, effective radiated power is 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. Equivalent isotropically radiated power NOTE: When a carrier is amplitude modu- (EIRP). The term ‘‘equivalent lated by a television signal in accordance isotropically radiated power’’ (also with § 73.682, the relationship of the IRE known as ‘‘effective radiated power standard scale to the conventional measure above isotropic’’) means the product of of modulation is as follows: the antenna input power and the an- IRE stand- Modulation tenna gain in a given direction relative Level ard scale percentage to an isotropic antenna. (units) Field. Scanning through the picture Zero carrier ...... 120 0 area once in the chosen scanning pat- Reference white ...... 100 12.5 tern. In the line interlaced scanning Blanking ...... 0 75 pattern of two to one, the scanning of Synchronizing peaks (maximum ¥ the alternate lines of the picture area carrier level) ...... 40 100 once. Luminance. Luminous flux emitted, Frame. Scanning all of the picture area once. In the line interlaced scan- reflected, or transmitted per unit solid ning pattern of two to one, a frame angle per unit projected area of the consists of two fields. source. Free space field strength. The field Main channel. The band of fre- strength that would exist at a point in quencies from 50 to 15,000 Hertz which the absence of waves reflected from the frequency modulate the main aural earth or other reflecting objects. carrier. Frequency departure. The amount of Monochrome transmission. The trans- variation of a carrier frequency or cen- mission of television signals which can ter frequency from its assigned value. be reproduced in gradations of a single Frequency deviation. The peak dif- color only. ference between the instantaneous fre- Multichannel Television Sound (MTS). quency of the modulated wave and the Any system of aural transmission that carrier frequency.

211

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.682 47 CFR Ch. I (10–1–99 Edition)

utilizes aural baseband operation be- Synchronization. The maintenance of tween 15 kHz and 120 kHz to convey in- one operation in step with another. formation or that encodes digital infor- Television broadcast band. The fre- mation in the video portion of the tele- quencies in the band extending from 54 vision signal that is intended to be de- to 806 megahertz which are assignable coded 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 ated by a television broadcast station. the reception of TV stereophonic aural Television transmitter. The radio or other subchannel broadcasts. transmitter or transmitters for the Polarization. The direction of the transmission of both visual and aural electric field as radiated from the signals. transmitting antenna. Vestigial sideband transmission. A sys- Program related data signal. A signal, tem of transmission wherein one of the consisting of a series of pulses rep- generated sidebands is partially at- resenting data, which is transmitted si- tenuated at the transmitter and radi- multaneously with and directly related ated only in part. to the accompanying television pro- Visual carrier frequency. The fre- gram. quency of the carrier which is modu- Reference black level. The level cor- lated by the picture information. responding to the specified maximum Visual transmitter. The radio equip- excursion of the luminance signal in ment for the transmission of the visual the black direction. signal only. Reference white level of the luminance Visual transmitter power. The peak signal. The level corresponding to the power output when transmitting a specified maximum excursion of the lu- standard television signal. minance signal in the white direction. [28 FR 13660, Dec. 14, 1963, as amended at 35 Scanning. The process of analyzing FR 5692, Apr. 8, 1970; 36 FR 5505, Mar. 24, 1971; successively, according to a predeter- 36 FR 17429, Aug. 31, 1971; 41 FR 56325, Dec. 28, mined method, the light values of pic- 1976; 42 FR 20823, Apr. 22, 1977; 44 FR 36039, ture elements constituting the total June 20, 1979; 47 FR 35990, Aug. 18, 1982; 49 FR 18106, Apr. 27, 1984; 49 FR 38131, Sept. 27, 1984; picture area. 49 FR 50048, Dec. 26, 1984; 50 FR 23699, June 5, Scanning line. A single continuous 1985; 51 FR 12616, Apr. 14, 1986; 56 FR 49707, narrow strip of the picture area con- Oct. 1, 1991; 58 FR 44951, Aug. 25, 1993; 62 FR taining highlights, shadows, and half- 51059, Sept. 30, 1997] tones, determined by the process of scanning. § 73.682 TV transmission standards. Standard television signal. A signal (a) Transmission standards. (1) The which conforms to the television trans- width of the television broadcast chan- mission standards. nel shall be 6 MHz.

212

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.682

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

213

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.682 47 CFR Ch. I (10–1–99 Edition)

shall not exceed 5 percent of the aver- sirable in order to improve the sharpness on age scanning synchronizing peak signal saturated colors.

amplitude. This provision is subject to EQ′ and EI′ are the amplitudes of two or- change but is considered the best prac- thogonal components of the chrominance tice under the present state of the art. signal corresponding respectively to narrow- It will not be enforced pending a fur- band and wide-band axes. ′ ′ ′ ther determination thereof. ER , EG , and EB are the gamma-corrected (17) The reference black level shall be voltages corresponding to red, green, and separated from the blanking level by blue signals during the scanning of the given picture element. the setup interval, which shall be ω ± is the angular frequency and is 2 times 7.5 2.5 percent of the video range from the frequency of the chrominance subcarrier. blanking level to the reference white The portion of each expression between level. brackets in (i) represents the chrominance (18) For monochrome transmission, subcarrier signal which carries the chro- the transmitter output shall vary in minance information. substantially inverse logarithmic rela- The phase reference in the EM equation in tion to the brightness of the subject. (i) is the phase of the burst+180°, as shown in No tolerances are set at this time. This Figure 8 of § 73.699. The burst corresponds to provision is subject to change but is amplitude modulation of a continuous sine wave. considered the best practice under the present state of the art. It will not be (iii) The equivalent bandwidth as- enforced pending a further determina- signed prior to modulation to the color tion thereof. difference signals EQ′ and EI′ are as fol- (19) The color picture signal shall lows: correspond to a luminance component Q–channel bandwidth: transmitted as amplitude modulation At 400 kHz less than 2 dB down. of the picture carrier and a simulta- At 500 kHz less than 6 dB down. neous pair of chrominance components At 600 kHz at least 6 dB down. transmitted as the amplitude modula- I–channel bandwidth: tion sidebands of a pair of suppressed At 1.3 MHz less than 2 dB down. subcarriers in quadrature. At 3.6 MHz at least 20 dB down. (20) Equation of complete color sig- (iv) The gamma corrected voltages nal. E ′, E ′, and E ′ are suitable for a color (i) The color picture signal has the R G B picture tube having primary colors following composition: with the following chromaticities in

EM=EY′+[EQ′ sin (ωt+33°)+EI′ cos (ωt+33°)] the CIE system of specification:

Where: xy 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 be rep- and having a transfer gradient (gamma resented by: exponent) of 2.2 associated with each ′ ′ E =E ′+[(1/1.14)[(1/1.78)(E ′¥E ′) sin primary color. The voltages ER , EG , M Y B Y ′ ωt+(ER′¥EY′) cos ωt]] and EB may be respectively of the form E 1/γ, E 1/γ, and E 1/γ although other (ii) The symbols in paragraph R G B forms may be used with advances in (a)(20)(i) of this section have the fol- the state of the art. lowing significance:

EM is the total video voltage, cor- NOTE: At the present state of the art it is responding to the scanning of a particular considered inadvisable to set a tolerance on picture element, applied to the modulator of the value of gamma and correspondingly this the picture transmitter. portion of the specification will not be en- EY′ is the gamma-corrected voltage of the forced. monochrome (black-and-white) portion of the color picture signal, corresponding to the (v) The radiated chrominance subcar- given picture element. rier shall vanish on the reference white of the scene. NOTE: Forming of the high frequency portion of the monochrome signal in a different NOTE: The numerical values of the signal manner is permissible and may in fact be de- specification assume that this condition will

214

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.682

be reproduced as CIE Illuminant C (x=0.310, cupied for normal program trans- y=0.316). missions.

(vi) EY′, EQ′, EI′, and the components (iii) Such signals may not be trans- of these signals shall match each other mitted during that portion of each line in time to 0.05 µ secs. 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 Commission’s Office of Engineering specified above. The ratios of the meas- and Technology, Technical Standards ured amplitudes of the subcarrier to Branch, 2025 M Street NW. Washington, the luminance signal for the same DC 20554. Notwithstanding the modula- saturated primaries and their com- tion limits contained in paragraph plements shall fall between the limits (a)(23)(i) of this section, the vertical in- of 0.8 and 1.2 of the values specified for terval reference signal formerly per- their ratios. Closer tolerances may mitted on Line 19 and described in Fig- prove to be practicable and desirable ure 16 of § 73.699, may be transmitted on with advance in the art. any of lines 10 through 16 without spe- (21) The interval beginning with line cific Commission authorization, sub- 17 and continuing through line 20 of the ject to the conditions contained in vertical blanking interval of each field paragraphs (a)(21)(ii) and (a)(22)(ii) of may be used for the transmission of this section. test signals, cue and control signals, (22)(i) Line 21, in each field, may be and identification signals, subject to used for the transmission of a program- the conditions and restrictions set related data signal which, when de- forth below. Test signals may include coded, provides a visual depiction of in- signals designed to check the perform- formation simultaneously being pre- ance of the overall transmission sys- sented on the aural channel (captions). tem or its individual components. Cue Line 21, field 2 may be used for trans- and control signals shall be related to mission of a program-related data signal 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 chrominance subcarrier frequencies, in captions in different languages or at dif- which case positive excursions of chro- ferent reading levels. minance 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. (ii) The use of such signals shall not (iii) The use of Line 21 for trans- result in significant degradation of the mission of other data signals con- program transmission of the television forming to other formats may be used broadcast station, nor produce emis- subject to prior authorization by the sion outside of the frequency band oc- Commission.

215

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.682 47 CFR Ch. I (10–1–99 Edition)

(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 tive video portion of their TV trans- Commission to carry out its regulatory mission, subject to certain conditions: responsibilities. (i) The active video portion of the (b) Subscription TV technical systems. visual signal begins with line 22 and The FCC may specify, as part of the ad- continues through the end of each vance approval of the technical system

216

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.682

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 exced ± 75 kHz.standard; mitted signal as otherwise specified in and adopting a standard for allocation this Subpart. Any decision to approve and assignment purposes only. In addi- such operating deviations shall be sole- tion, the Commission sought comment ly at the discretion of the FCC. on requiring use of some layers of the (c) TV multiplex subcarrier/stereo- ATSC DTV Standard but making oth- phonic aural transmission standards. ers optional. (1) The modulating signal for the (1) The SBA defines affiliation in 13 main channel shall consist of the sum C.F.R. 121.103. In this context, the of the stereophonic (biphonic, SBA’s definition of affiliate is analo- quadraphonic, etc.) input signals. gous to our attribution rules. Gen- (2) The instantaneous frequency of erally, under the SBA’s definition, con- the baseband stereophonic subcarrier cerns are affiliates of each other when must at all times be within the range one concern controls or has the power 15 kHz to 120 kHz. Either amplitude or to control the other, or a third party or frequency modulation of the stereo- parties controls or has the power to phonic subcarrier may be used. control both. 13 C.F.R. 121.103(a)(1). The (3) One or more pilot subcarriers be- SBA considers factors such as owner- tween 16 kHz and 120 kHz may be used ship, management, previous relation- to switch a TV receiver between the ships with or ties to another concern, stereophonic and monophonic recep- and contractual relationships, in deter- tion modes or to activate a stereo- mining whether affiliation exists. 13 phonic audio indicator light, and one C.F.R. 121.103(a)(2). Instead of making or more subcarriers between 15 kHz and an independent determination of 120 kHz may be used for any other au- whether television stations were affili- thorized purpose; except that stations ated based on SBA’s definitions, we re- employing the BTSC system of stereo- lied on the data bases available to us to phonic sound transmission and audio provide us with that information. processing may transmit a pilot sub- (d) Digital broadcast television trans- carrier at 15,734 Hz, ± 2 Hz. Other meth- mission standard. Transmission of dig- ods of multiplex subcarrier or stereo- ital broadcast television (DTV) signals phonic aural transmission systems shall comply with the standards for must limit energy at 15,734 Hz, ± 20 Hz, such transmissions set forth in Ad- to no more than ± 0.125 kHz aural car- vanced Television Systems Committee rier deviation. (ATSC) Doc. A/52 (‘‘ATSC Standard (4) Aural baseband information above Digital Audio Compression (AC–3), 20 120 kHz must be attenuated 40 dB ref- Dec 95’’) and ATSC Doc A/53 (‘‘ATSC erenced to 25 kHz main channel devi- Digital Television Standard, 16 Sep ation of the aural carrier. 95’’), except for Section 5.1.2 (‘‘Com- (5) For required transmitter perform- pression format constraints’’) of Annex ance, all of the requirements of A (‘‘Video Systems Characteristics’’) § 73.687(b) shall apply to the main chan- and the phrase ‘‘see Table 3’’ in Section nel, with the transmitter in the multi- 5.1.1 Table 2 and Section 5.1.2 Table 4. plex subcarrier or stereophonic aural Although not incorporated herein by mode. reference, licensees may also consult (6) For electrical performance stand- ATSC Doc. A/54 (‘‘Guide to the Use of ards of the transmitter, the require- the ATSC Digital Television Standard, ments of § 73.687(b) apply to the main 4 Oct 95’’) for guidance. This incorpora- channel. tion by reference was approved by the (7) Multiplex subcarrier or stereo- Director of the Federal Register in ac- phonic aural transmission systems cordance with 5 U.S.C. 552(a) and 1 CFR must be capable of producing and must part 51. Copies may be inspected at the not exceed ± 25 kHz main channel devi- Federal Communications Commission, ation of the aural carrier. 1919 M Street, NW., Washington, DC

217

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.683 47 CFR Ch. I (10–1–99 Edition)

20554 or at the Office of the Federal usually be less than indicated by these Register, 800 N. Capitol Street, NW., estimates due to interference from Washington, DC. Copies of ATSC A/52, other stations. Because of these fac- A/53, and A/54 can be obtained from the tors, the predicted field strength con- Commission’s contract copier or from tours give no assurance of service to the Advanced Television Systems Com- any specific percentage of receiver lo- mittee, 1750 K Street, NW., suite 800, cations within the distances indicated. Washington, DC 20006. They are also In licensing proceedings these vari- available in their entirety on the Inter- ations will not be considered. net at http://www.atsc.org. (c) The field strength contours will be considered for the following pur- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, poses only: 1068, 1082 (47 U.S.C. 154, 155, 303)) (1) In the estimation of coverage re- [28 FR 13660, Dec. 14, 1963] sulting from the selection of a particular transmitter site by an appli- EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.682, see the List of CFR cant for a TV station. Sections Affected appearing in the Finding (2) In connection with problems of Aids section of this volume. coverage arising out of application of § 73.3555. § 73.683 Field strength contours. (3) In determining compliance with (a) In the authorization of TV sta- § 73.685(a) concerning the minimum tions, two field strength contours are field strength to be provided over the considered. These are specified as principal community to be served. Grade A and Grade B and indicate the [44 FR 36039, June 20, 1979, as amended at 47 approximate extent of coverage over FR 35990, Aug. 18, 1982; 50 FR 23699, June 5, average terrain in the absence of inter- 1985; 50 FR 32416, Aug. 12, 1985] ference from other television stations. Under actual conditions, the true cov- § 73.684 Prediction of coverage. erage may vary greatly from these es- (a) All predictions of coverage made timates because the terrain over any pursuant to this section shall be made specific path is expected to be different without regard to interference and from the average terrain on which the shall be made only on the basis of esti- field strength charts were based. The mated field strengths. The peak power required field strength, F (50,50), in dB of the visual signal is used in making above one micro-volt per meter (dBu) predictions of coverage. for the Grade A and Grade B contours (b) Predictions of coverage shall be are as follows: made only for the same purposes as relate to the use of field strength con- Grade A Grade B (dBu) (dBu) tours as specified in § 73.683(c). (c) In predicting the distance to the Channels 2±6 ...... 68 47 Channels 7±13 ...... 71 56 field strength contours, the F (50,50) Channels 14±69 ...... 74 64 field strength charts (Figures 9 and 10 of § 73.699) shall be used. If the 50% field (b) It should be realized that the F strength is defined as that value ex- (50,50) curves when used for Channels ceeded for 50% of the time, these F 14–69 are not based on measured data at (50,50) charts give the estimated 50% distances beyond about 48.3 kilometers field strengths exceeded at 50% of the (30 miles). Theory would indicate that locations in dB above 1 uV/m. The the field strengths for Channels 14–69 charts are based on an effective power should decrease more rapidly with dis- of 1 kW radiated form a half-wave tance beyond the horizon than for dipole in free space, which produces an Channels 2–6, and modification of the unattenuated field strength at 1.61 kil- curves for Channels 14–69 may be ex- ometers (1 mile) of about 103 dB above pected as a result of measurements to 1 uV/m. To use the charts to predict be made at a later date. For these rea- the distance to a given contour, the sons, the curves should be used with following procedure is used: Convert appreciation of their limitations in es- the effective radiated power in kilo- timating levels of field strength. Fur- watts for the appropriate azimuth into ther, the actual extent of service will decibel value referenced to 1 kW (dBu).

218

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.684

If necessary, convert the selected con- (3) In predicting field strengths for tour to the decibel value (dBu) above 1 other than the Grade A and Grade B microvolt per meter (1 uV/m). Subtract contours, the effective radiated power the power value in dBk from the con- to be used is to be based on the appro- tour value in dBu. Note that for power priate antenna vertical plane radiation less than 1 kW, the difference value pattern for the azimuthal direction will be greater than the contour value concerned. because the power in dBk is negative. (4) Applicants for new TV stations or Locate the difference value obtained on changes in the facilities of existing TV the vertical scale at the left edge of the stations must submit to the FCC a chart. Follow the horizontal line for showing as to the location of their sta- that value into the chart to the point tions’ or proposed stations’ predicted of intersection with the vertical line Grade A and Grade B contours, deter- above the height of the antenna above mined in accordance with § 73.684. This average terrain for the appropriate azi- showing is to include maps showing muth located on the scale at the bot- these contours, except where appli- tom of the chart. If the point of inter- cants have previously submitted mate- section does not fall exactly on a dis- rial to the FCC containing such infor- tance curve, interpolate between the mation and it is found upon careful ex- distance curves below and above the amination that the contour locations intersection point. The distance values indicated therein would not change, on for the curves are located along the any radial, when the locations are de- right edge of the chart. termined under this Section. In the lat- (1) In predicting the distance to the ter cases, a statement by a qualified Grade A and Grade B field strength engineer to this effect will satisfy this contours, the effective radiated power requirement and no contour maps need to be used is that radiated at the be submitted. vertical angle corresponding to the de- (d) The antenna height to be used with these charts is the height of the pression angle between the transmit- radiation center of the antenna above ting antenna center of radiation and the average terrain along the radial in the radio horizon as determined indi- question. In determining the average vidually for each azimuthal direction elevation of the terrain, the elevations concerned. The depression angle is between 3.2–16.1 kilometers (2–10 miles) based on the difference in elevation of from the antenna site are employed. the antenna center of radiation above Profile graphs shall be drawn for 8 the average terrain and the radio hori- radials beginning at the antenna site zon, assuming a smooth sperical earth and extending 16.1 kilometers (10 miles) with a radius of 8,495.5 kilometers (5,280 therefrom. The radials should be drawn miles) and shall be determined by the for each 45 degrees of azimuth starting following equation: with the True North. At least one ra- A = 0.0277√ H dial must include the principal commu- Where: nity to be served even though such community may be more than 16.1 kil- A is the depression angle in degrees. ometers (10 miles) from the antenna H is the height in meters of the transmitting antenna radiation center above average site. However, in the event none of the terrain of the 3.2—16.1 kilometers (2–10 evenly spaced radials include the prin- miles) sector of the pertinent radial. cipal community to be served and one or more such radials are drawn in addi- This formula is empirically derived for the tion to the 8 evenly spaced radials, limited purpose specified here. Its use for any other purpose may be inappropriate. such additional radials shall not be employed in computing the antenna (2) In case where the relative field height above average terrain. Where strength at the depression angle deter- the 3.2–16.1 kilometers (2–10 mile) por- mined by the above formula is 90% or tion of a radial extends in whole or in more of the maximum field strength part over large bodies of water as speci- developed in the vertical plane con- fied in paragraph (e) of this section or taining the pertaining radial, the max- extends over foreign territory but the imum radiation shall be used. Grade B strength contour encompasses

219

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.684 47 CFR Ch. I (10–1–99 Edition)

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 putation of antenna height above aver- determined from the profile graph for age terrian. However, where the Grade each radial. This may be obtained by B contour does not so encompass averaging a large number of equally United States land area and (1) the en- spaced points, by using a planimeter, tire 3.2–16.1 kilometers (2–10 mile) por- or by obtaining the median elevation tion of the radial extends over large (that exceeded for 50% of the distance) bodies of water of foreign territory, in sectors and averaging those values. such radial shall be completely omit- NOTE: The Commission will, upon a proper ted from the computation of antenna showing by an existing station that the ap- height above average terrain, and (2) plication of this rule will result in an unrea- where a part of the 3.2–16.1 kilometers sonable power reduction in relation to other (2–10 mile) portion of a radial extends stations in close proximity, consider re- over large bodies of water or over for- quests for adjustment in power on the basis eign territory, only that part of the ra- of a common average terrain figure for the dial extending from the 3.2 kilometer (2 stations in question as determined by the mile) sector to the outermost portion FCC. of land area within the United States (e) In instance where it is desired to covered by the radial shall be employed determine the area in square kilo- in the computation of antenna height meters within the Grade A and Grade B above average terrian. The profile field strength contours, the area may graph for each radial should be plotted be determined from the coverage map by contour intervals of from 12.2–30.5 by planimeter or other approximate meters (40–100 feet) and, where the data means; in computing such areas, permits, at least 50 points of elevation exclued (1) areas beyond the borders of (generally uniformly spaced) should be the United States, and (2) large bodies used for each radial. In instances of of water, such as ocean areas, gulfs very rugged terrain where the use of sounds, bays, large lakes, etc., but not contour intervals of 30.5 meters (100 rivers. feet) would result in several points in a (f) In cases where terrain in one or short distance, 61.0–122.0 meter (200–400 more directions from the antenna site foot) contour intervals may be used for departs widely from the average ele- such distances. On the other hand, vation of the 3.2 to 16.1 kilometers (2 to where the terrain is uniform or gently 10 mile) sector, the prediction method sloping the smallest contour interval may indicate contour distances that indicated on the topograhic may (see are different from what may be ex- paragraph (g) of this section) should be pected in practice. For example, a used, although only relatively few mountain ridge may indicate the prac- points may be available. The profile tical limit of service although the pre- graphs should indicate the topography diction method may indicate other- accurately for each radial, and the wise. In such case the prediction meth- graphs should be plotted with the dis- od should be followed, but a supple- tance in kilometers as the abscissa and mental showing may be made con- the elevation in meters above mean sea cerning the contour distances as deter- level as the ordinate. The profile mined by other means. Such supple- graphs should indicate the source of mental showing should describe the the topographical data employed. The procedure employed and should include graph should also show the elevation of sample calculations. Maps of predicted the center of the radiating system. The coverage should include both the cov- graph may be plotted either on rectan- erage as predicted by the regular meth- gular coordinate paper or on special od and as predicted by a supplemental paper which shows the curvature of the method. When measurements of area earth. It is not necessary to take the are required, these should include the curvature of the earth into consider- area obtained by the regular predicted ation in this procedure, as this factor method and the area obtained by the

220

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.684

supplemental method. In directions computer generated, except in the where the terrain is such that negative cases of dispute, using elevations from antenna heights or heights below 30.5 a 30 second point or better topographic meters (100 feet) for the 3.2 to 16.1 kilo- data file. The file must be identified meters (2 to 10 mile) sector are ob- and the data processed for inter- tained, an assumed height of 30.5 me- mediate points along each radial using ters (100 feet) shall be used for the pre- linear interpolation techniques. The diction of coverage. However, where height above mean sea level of the an- the actual contour distances are crit- tenna site must be obtained manually ical factors, a supplemental showing of using appropriate topographic maps. expected coverage must be included to- (h) The effect of terrain roughness on gether with a description of the meth- the predicted field strength of a signal od employed in predicting such cov- at points distant from a television erage. In special cases, the Commission broadcast station is assumed to depend may require additional information as on the magnitude of a terrain rough- to terrain and coverage. ness factor (∆ h) which, for a specific (g) In the preparation of the profile propagation path, is determined by the graph previously described, and in de- characteristics of a segment of the ter- termining the location and height rain profile for that path 40.2 kilo- above sea level of the antenna site, the meters (25 miles) in length, located be- elevation or contour intervals shall be tween 9.7 and 49.9 kilometers (6 and 31 taken from the United States Geologi- miles) from the transmitter. The ter- cal Survey Topographic Quadrangle rain roughness factor has a value equal Maps, United States Army Corps of En- to the difference, in meters, between gineers’ maps or Tennessee Valley Au- elevations exceeded by all points on thority maps, whichever is the latest, the profile for 10 percent and 90 per- for all areas for which such maps are cent, respectively, of the length of the available. If such maps are not pub- profile segment (see § 73.699, Fig. 10d). lished for the area in question, the next (i) If the lowest field strength value best topographic information should be of interest is initially predicted to used. Topographic data may sometimes occur over a particular propagation be obtained from State and Municipal path at a distance which is less than agencies. Data from Sectional Aero- 49.9 kilometers (31 miles) from the nautical Charts (including bench transmitter, the terrain profile seg- marks) or railroad depot elevations and ment used in the determination of the highway elevations from road maps terrain roughness factor over that path may be used where no better informa- shall be that included between points tion is available. In cases where lim- 9.7 kilometers (6 miles) from the trans- ited topographic data is available, use mitter and such lesser distance. No ter- may be made of an altimeter in a car rain roughness correction need be ap- driven along roads extending generally plied when all field strength values of radially from the transmitter site. Or- interest are predicted to occur 9.7 kilo- dinarily the Commission will not re- meters (6 miles) or less from the trans- quire the submission of topographical mitter. maps for areas beyond 24.1 kilometers (j) Profile segments prepared for ter- (15 miles) from the antenna site, but rain roughness factor determinations the maps must include the principal should be plotted in rectangular co- community to be served. If it appears ordinates, with no less than 50 points necessary, additional data may be re- evenly spaced within the segment, quested. United States Geological Sur- using data obtained from topographic vey Topographic Quadrangle Maps may maps, if available, with contour inter- be obtained from the United States Ge- vals of 15.2 meters (50 feet), or less. ological Survey, Department of the In- (k) The field strength charts (§ 73.699, terior, Washington, DC 20240. Sectional Figs. 9–10c) were developed assuming a Aeronautical Charts are available from terrain roughness factor of 50 meters, the United States Coast and Geodetic which is considered to be representa- Survey, Department of Commerce, tive of average terrain in the United Washington, DC 20235. In lieu of maps, States. Where the roughness factor for the average terrain elevation may be a particular propagation path is found

221

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.685 47 CFR Ch. I (10–1–99 Edition)

to depart appreciably from this value, transmitter power. The location should a terrain roughness correction (∆F) be so chosen that line-of-sight can be should be applied to field strength val- obtained from the antenna over the ues along this path as predicted with principal community to be served; in the use of these charts. The magnitude no event should there be a major ob- and sign of this correction, for any struction in this path. The antenna ∆ value of h, may be determined from a must be constructed so that it is as chart included in § 73.699 as Figure 10e, clear as possible of surrounding build- with linear interpolation as necessary, ings or objects that would cause shad- for the frequency of the UHF signal ow problems. It is recognized that to- under consideration. pography, shape of the desired service (l) Alternatively, the terrain roughness correction may be computed using area, and population distribution may the following formula: make the choice of a transmitter loca- ∆F=C¥0.03(∆h)(1+f/300) tion difficult. In such cases, consider- Where: ation may be given to the use of a di- ∆F=terrain roughness correction in dB rectional antenna system, although it C=a constant having a specific value for use is generally preferable to choose a site with each set of field strength charts: where a nondirectional antenna may be 1.9 for TV Channels 2–6 employed. 2.5 for TV Channels 7–13 (c) In cases of questionable antenna 4.8 for TV Channels 14–69 ∆h=terrain roughness factor in meters locations it is desirable to conduct f=frequency of signal in megahertz (MHz) propagation tests to indicate the field strength expected in the principal com- [28 FR 13660, Dec. 13, 1963, as amended at 40 FR 27683, July 1, 1975; 44 FR 36039, June 20, munity to be served and in other areas, 1979; 48 FR 44807, Sept. 30, 1983; 50 FR 23699, particularly where severe shadow prob- June 5, 1985; 51 FR 26251, July 22, 1986; 52 FR lems may be expected. In considering 36879, Oct. 1, 1987] applications proposing the use of such EFFECTIVE DATE NOTE: At 42 FR 25736, May locations, the Commission may require 19, 1977, in § 73.684, (k) and (l) are stayed in- site tests to be made. Such tests should definitely. be made in accordance with the measurement procedure in § 73.686, and full § 73.685 Transmitter location and antenna system. data thereon must be supplied to the Commission. Test transmitters should (a) The transmitter location shall be employ an antenna having a height as chosen so that, on the basis of the ef- close as possible to the proposed an- fective radiated power and antenna tenna height, using a balloon or other height above average terrain employed, the following minimum field strength support if necessary and feasible. Infor- in dB above one uV/m will be provided mation concerning the authorization of over the entire principal community to site tests may be obtained from the be served: Commission upon request. (d) Present information is not suffi- Channels 2±6 Channels 7±13 Channels 14±69 ciently complete to establish ‘‘blanket 74 dBu 77 dBu 80 dBu areas’’ of television broadcast stations. A ‘‘blanket area’’ is that area adjacent (b) Location of the antenna at a to a transmitter in which the reception point of high elevation is necessary to of other stations is subject to inter- reduce to a minimum the shadow effect ference due to the strong signal from on propagation due to hills and build- this station. The authorization of sta- ings which may reduce materially the tion construction in areas where blan- strength of the station’s signals. In keting is found to be excessive will be general, the transmitting antenna of a on the basis that the applicant will as- station should be located at the most sume full responsibility for the adjust- central point at the highest elevation ment of reasonable complaints arising available. To provide the best degree of from excessively strong signals of the service to an area, it is usually pref- applicant’s station or take other cor- erable to use a high antenna rather than a low antenna with increased rective action.

222

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.685

(e) An antenna designed or altered to their corresponding azimuths, should produce a noncircular radiation pat- be submitted. tern in the horizontal plane is consid- (4) Horizontal and vertical plane radi- ered to be a directional antenna. An- ation patterns showing the effective ra- tennas purposely installed in such a diated power, in dBk, for each direc- manner as to result in the mechanical tion. Sufficient vertical plane patterns beam tilting of the major vertical radi- must be included to indicate clearly ation lobe are included in this cat- the radiation characteristics of the an- egory. Directional antennas may be tenna above and below the horizontal employed for the purpose of improving plane. In cases where the angles at service upon an appropriate showing of which the maximum vertical radiation need. Stations operating on Channels varies with azimuth, a separate 2–13 will not be permitted to employ a vertical radiation pattern must be pro- directional antenna having a ratio of vided for each pertinent radial direc- maximum to minimum radiation in the tion. horizontal plane in excess of 10 dB. Sta- tions operating on Channels 14–69 with (5) All horizontal plane patterns transmitters delivering a peak visual must be plotted to the largest scale power output of more than 1 kW may possible on unglazed letter-size polar employ directive transmitting anten- coordinate paper (main engraving ap- nas with a maximum to minimum radi- proximately 18 cm x 25 cm (7 inches x ation in the horizontal plane of not 10 inches)) using only scale divisions more than 15 dB. Stations operating on and subdivisions of 1, 2, 2.5 or 5 times Channels 14–69 and employing trans- 10-nth. All vertical plane patterns must mitters delivering a peak visual power be plotted on unglazed letter-size rec- output of 1 kW or less are not limited tangular coordinate paper. Values of as to the ratio of maximum to min- field strength on any pattern less than imum radiation. 10% of the maximum field strength (f) Applications proposing the use of plotted on that pattern must be shown directional antenna systems must be on an enlarged scale. accompanied by the following: (6) The horizontal and vertical plane (1) Complete description of the pro- patterns that are required are the pat- posed antenna system, including the terns for the complete directional an- manufacturer and model number of the tenna system. In the case of a com- proposed directional antenna. posite antenna composed of two or (2) Relative field horizontal plane more individual antennas, this means pattern (horizontal polarization only) that the patterns for the composite an- of the proposed directional antenna. A tenna, not the patterns for each of the value of 1.0 should be used for the max- individual antennas, must be sub- imum radiation. The plot of the pat- mitted. tern should be oriented so that 0° cor- (g) Applications proposing the use of responds to true North. Where mechan- television broadcast antennas within ical beam tilt is intended, the amount 61.0 meters (200 feet) of other television of tilt in degrees of the antenna broadcast antennas operating on a vertical axis and the orientation of the channel within 20 percent in frequency downward tilt with respect to true of the proposed channel, or proposing North must be specified, and the hori- the use of television broadcast anten- zontal plane pattern must reflect the use of mechanical beam tilt. nas on Channels 5 or 6 within 61.0 meters (200 feet) of FM broadcast anten- (3) A tabulation of the relative field pattern required in paragraph (b)(2), of nas, must include a showing as to the this section. The tabulation should use expected effect, if any, of such proxi- the same zero degree reference as the mate operation. plotted pattern, and be tabulated at (h) Where a TV licensee or permittee least every 10°. In addition, tabulated proposes to mount an antenna on an values of all maxima and minima, with AM antenna tower, or locate within 3.2

223

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.686 47 CFR Ch. I (10–1–99 Edition)

km of an AM antenna tower, the TV li- radial is marked, and at greater dis- censee or permittee must comply with tances at successive 3.2 kilometer (2 § 73.1692. mile) intervals. Where measurements 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 in- [28 FR 13660, Dec. 14, 1963, as amended at 35 tervals shall be of equal length. Acces- FR 5693, Apr. 8, 1970; 40 FR 25461, June 16, sible roads intersecting each radial as 1975; 43 FR 53740, Nov. 17, 1978; 44 FR 22740, nearly as possible at each 3.2 kilometer 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, 1993; 62 FR 51059, Sept. 30, 1997] dial at which measurements are to be made, and are referred to subsequently § 73.686 Field strength measurements. as measuring locations. The elevation (a) Except as provided for in § 73.612, of each measuring location should ap- television broadcast stations shall not proach the elevation at the cor- be protected from any type of inter- responding 3.2 kilometer (2 mile) mark- ference or propagation effect. Persons er as nearly as possible. desiring to submit testimony, evidence (2) Measurement procedure. The field or data to the Commission for the pur- strength of the visual carrier shall be pose of showing that the technical measured with a voltmeter capable of standards contained in this subpart do indicating accurately the peak ampli- not properly reflect the levels of any tude of the synchronizing signal. All given type of interference or propaga- measurements shall be made utilizing tion effect may do so only in appro- a receiving antenna designed for recep- priate rulemaking proceedings con- tion of the horizontally polarized sig- cerning the amendment of such tech- nal component, elevated 9.1 meters (30 nical standards. Persons making field feet) above the roadbed. At each meas- strength measurements for formal sub- uring location, the following procedure mission to the Commission in rule- shall be employed. making proceedings, or making such (i) The instrument calibration is measurements upon the request of the checked. Commission, shall follow the procedure (ii) The antenna is elevated to a for making and reporting such meas- height of 30 feet. urements outlined in paragraph (b) of (iii) The receiving antenna is rotated this section. In instances where a to determine if the strongest signal is showing of the measured level of a sig- arriving from the direction of the nal prevailing over a specific commu- transmitter. nity is appropriate, the procedure for (iv) The antenna is oriented so that making and reporting field strength the sector of its response pattern over measurements for this purpose is set which maximum gain is realized is in forth in paragraph (c) of this section. the direction of the transmitter. (b) Collection of field strength data (v) A mobile run of at least 30.5 me- for propagation analysis. ters (100 feet) is made, which is cen- (1) Preparation for measurements. (i) tered on the intersection of the radial On large scale topographic maps, eight and the road, and the measured field or more radials are drawn from the strength is continuously recorded on a transmitter location to the maximum chart recorder over the length of the distance at which measurements are to run. be made, with the angles included be- (vi) The actual measuring location is tween adjacent radials of approxi- marked exactly on the topographic mately equal size. Radials should be map, and a written record, keyed to oriented so as to traverse representa- the specific location, is made of all fac- tive types of terrain. The specific num- tors which may affect the recorded ber of radials and their orientation field, such as topography, height and should be such as to accomplish this types of vegetation, buildings, obsta- objective. cles, weather, and other local features. (ii) At a point exactly 16.1 kilometers (vii) If, during the test conducted as (10 miles) from the transmitter, each described in paragraph (b)(2)(iii) of this

224

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.686

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, feet) of the center point of the mobile which, for each instrument, specifies run. its manufacturer, type, serial number (viii) If overhead obstacles preclude a and rated accuracy, and the date of its mobile run of at leat 30.5 meters (100 most recent calibration by the manu- feet), a ‘‘cluster’’ of five spot measure- facturer, or by a laboratory. Complete ments may be made in lieu of this run. details of any instrument not of stand- The first measurement in the cluster is ard manufacture shall be submitted. identified. Generally, the locations for (v) A detailed description of the cali- other measurements shall be within bration of the measuring equipment, 61.0 meters (200 feet) of the location of including field strength meters, meas- the first. uring antenna, and connecting cable. (3) Method of reporting measurements. (vi) Terrain profiles in each direction A report of measurements to the Com- in which measurements were made, mission shall be submitted in affidavit drawn on curved earth paper for equiv- form, in triplicate, and should contain alent 4/3 earth radius, of the largest the following information: available scale. (i) Tables of field strength measurements, which, for each measuring loca- (c) Collection of field strength data tion, set forth the following data: to determine television service in spe- (A) Distance from the transmitting cific communities. antenna. (1) Preparation for measurement. (i) (B) Ground elevation at measuring The population (P) of the community, location. and its suburbs, if any, is determined (C) Date, time of day, and weather. by reference to an appropriate source, (D) Median field in dBu for 0 dBk, for e.g., the 1970 U.S. Census tables of pop- mobile run or for cluster, as well as ulation of cities and urbanized areas. maximum and minimum measured (ii) The number of locations at which field strengths. measurements are to be made shall be (E) Notes describing each measuring at least 15, and shall be approximately location. equal to 0.1 (P) 1⁄2, if this product is a (ii) U.S. Geological Survey topo- number greater than 15. graphic maps, on which is shown the (iii) A rectangular grid, of such size exact location at which each measure- and shape as to encompass the bound- ment was made. The original plots aries of the community is drawn on an shall be made on maps of the largest accurate map of the community. The available scale. Copies may be reduced number of line intersections on the in size for convenient submission to grid included within the boundaries of the Commission, but not to the extent the community shall be at least equal that important detail is lost. The origi- to the required number of measuring nal maps shall be made available, if re- locations. The position of each inter- quested. If a large number of maps is section on the community map deter- involved, an index map should be sub- mines the location at which a measure- mitted. ment shall be made. (iii) All information necessary to de- (2) Measurement procedure. The field termine the pertinent characteristics strength of the visual carrier shall be of the transmitting installation, in- measured, with a voltmeter capable of

225

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00225 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.686 47 CFR Ch. I (10–1–99 Edition)

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 the antenna, a check is made to deter- distribution of measured field strength mine whether the strongest signal ar- values is plotted. rives from a direction other than from (vi) A list of calibrated equipment the transmitter. used for the measurements, which for (iii) At 20 percent or more of the each instrument, specifies its manufac- measuring locations, mobile runs, as turer, type, serial number and rated ac- described in paragraph (b)(2) of this curacy, and the date of its most recent section shall be made, with no less calibration by the manufacturer, or by than three such mobile runs in any a laboratory. Complete details of any case. The points at which mobile meas- instrument not of standard manufac- urements are made shall be well sepa- ture shall be submitted. rated. Spot measurements may be (vii) A detailed description of the made at other measuring points. procedure employed in the calibration (iv) Each actual measuring location of the measuring equipment, including is marked exactly on the map of the field strength meters measuring an- community, and suitably keyed. A tenna, and connecting cable. written record shall be maintained, de- (d) Collection of field strength data scribing, for each location, factors to determine television signal inten- which may affect the recorded field, sity at an indvidual location—cluster such as the approximate time of meas- measurements. urement, weather, topography, over- (1) Preparation for measurements. head wiring, heights and types of vege- (i) Testing antenna. The test antenna tation, buildings and other structures. shall be a standard half-wave dipole The orientation, with respect to the tuned to the visual carrier frequency of measuring location shall be indicated channel being measured. of objects of such shape and size as to (ii) Testing locations. At the location, be capable of causing shadows or re- choose a minimum of five locations as flections. If the strongest signal re- close as possible to the specific site ceived was found to arrive from a di- where the site’s receiving antenna is rection other than that of the trans- located. If there is no receiving an- mitter, this fact shall be recorded. tenna at the site, choose the minimum (3) Method of reporting measurements. of five locations as close as possible to A report of measurements to the Com- a reasonable and likely spot for the an- mission shall be submitted in affidavit tenna. The locations shall be at least form, in triplicate, and should contain three meters apart, enough so that the the following information: testing is practical. If possible, the (i) A map of the community showing first testing point should be chosen as each actual measuring location, spe- the center point of a square whose cor- cifically identifying the points at ners are the four other locations. Cal- which mobile runs were made. culate the median of the five measure- (ii) A table keyed to the above map, ments (in units of dBu) and report it as showing the field strength at each the measurement result. measuring point, reduced to dBu for (iv) Multiple signals. If more than one the actual effective radiated power of signal is being measured (i.e., signals

226

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.687

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. a calibrated instrument with a band- (iv) A description of where the clus- width of at least 450 kHz, but no great- ter measurements were made. er than one megahertz. Perform an on- (v) Time and date of the measure- site calibration of the instrument in ments and signature of the person accordance with the manufacturer’s making the measurements. specifications. The instrument must (vi) For each channel being meas- accurately indicate the peak amplitude ured, a list of the measured value of of the synchronizing signal. Take all field strength (in units of dBu and after measurements with a horizontally po- adjustment for line loss and antenna larized dipole antenna. Use a shielded factor) of the five readings made dur- transmission line between the testing ing the cluster measurement process, antenna and the field strength meter. with the median value highlighted. Match the antenna impedance to the [40 FR 27683, July 1, 1975, as amended at 50 transmission line, and, if using an un- FR 23701, June 5, 1985; 64 FR 7127, Feb. 12, balanced line, employ a suitable balun. 1999] Take account of the transmission line loss for each frequency being measured. § 73.687 Transmission system require- (ii) Weather. Do not take measurements. ments in inclement weather or when (a) Visual transmitter. (1) The field major weather fronts are moving strength or voltage of the lower side- through the measurement area. band, as radiated or dissipated and (iii) Antenna elevation. When field measured as described in paragraph strength is being measured for a one- (a)(2) of this section, shall not be great- story building, elevate the testing an- er than ¥20 dB for a modulating fre- tenna to 6.1 meters (20 feet) above the quency of 1.25 MHz or greater and in ground. In situations where the field addition, for color, shall not be greater strength is being measured for a build- than ¥42 dB for a modulating fre- ing taller than one-story, elevate the quency of 3.579545 MHz (the color sub- testing antenna 9.1 meters (30 feet) carrier frequency). For both mono- above the ground. chrome and color, the field strength or (iv) Antenna orientation. Orient the voltage of the upper sideband as radi- testing antenna in the direction which ated or dissipated and measured as de- maximizes the value of field strength scribed in paragraph (a)(2) of this sec- for the signal being measured. If more tion shall not be greater than ¥20 dB than one station’s signal is being meas- for a modulating frequency of 4.75 MHz ured, orient the testing antenna sepa- or greater. For stations operating on rately for each station. Channels 15–69 and employing a trans- (3) Written Record shall be made and mitter delivering maximum peak vis- shall include at least the following: ual power output of 1 kW or less, the (i) A list of calibrated equipment field strength or voltage of the upper used in the field strength survey, which and lower sidebands, as radiated or dis- for each instrument, specifies the man- sipated and measured as described in ufacturer, type, serial number and paragraph (a)(2) of this section, shall rated accuracy, and the date of the depart from the visual amplitude char- 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;

227

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.687 47 CFR Ch. I (10–1–99 Edition)

¥2 dB at 0.5 MHz above visual carrier fre- insertion can be replaced by manual quency; control, the above characteristic may ¥ 2 dB at 1.25 MHz above visual carrier fre- be taken by the use of a video sweep quency; ¥3 dB at 2.0 MHz above visual carrier fre- generator and without the use of ped- quency; estal synchronizing pulses. The d-c ¥6 dB at 3.0 MHz above visual carrier fre- level shall be set for midcharacteristic quency; operation. ¥12 dB at 3.5 MHz above visual carrier fre- (3) A sine wave, introduced at those quency; terminals of the transmitter which are ¥8 dB at 3.58 MHz above visual carrier frequency (for color transmission only). normally fed the composite color picture signal, shall produce a radiated The field strength or voltage of the signal having an envelope delay, rel- upper and lower sidebands, as radiated ative to the average envelope delay be- or dissipated and measured as de- tween 0.05 and 0.20 MHz, of zero micro- scribed in paragraph (a)(2) of this sec- seconds up to a frequency of 3.0 MHz; tion, shall not exceed a level of ¥20 dB for a modulating frequency of 4.75 MHz and then linearly decreasing to 4.18 ¥ µ or greater. If interference to the recep- MHz so as to be equal to 0.17 secs at tion of other stations is caused by out- 3.58 MHz. The tolerance on the enve- ± µ of-channel lower sideband emission, lope delay shall be 0.05 secs at 3.58 the technical requirements applicable MHz. The tolerance shall increase lin- to stations operating on Channels 2–13 early to ±0.1 µ sec down to 2.1 MHz, and shall be met. remain at ±0.1 µ sec down to 0.2 MHz. (2) The attenuation characteristics of (Tolerances for the interval of 0.0 to 0.2 a visual transmitter shall be measured MHz are not specified at the present by application of a modulating signal time.) The tolerance shall also increase to the transmitter input terminals in linearly to ±0.1 µ sec at 4.18 MHz. place of the normal composite tele- (4) The radio frequency signal, as ra- vision video signal. The signal applied diated, shall have an envelope as would shall be a composite signal composed be produced by a modulating signal in of a synchronizing signal to establish conformity with § 73.682 and Figure 6 or peak output voltage plus a variable fre- 7 of § 73.699, as modified by vestigial quency sine wave voltage occupying sideband operation specified in Figure the interval between synchronizing 5 of § 73.699. For stations operating on pulses. (The ‘‘synchronizing signal’’ re- Channels 15–69 the radio frequency sig- ferred to in this section means either a nal as radiated, shall have an envelope standard synchronizing wave form or as would be produced by a modulating any pulse that will properly set the signal in conformity with § 73.682 and peak.) The axis of the sine wave in the Figure 6 or 7 of § 73.699. composite signal observed in the out- (5) The time interval between the put monitor shall be maintained at an leading edges of successive horizontal amplitude 0.5 of the voltage at syn- pulses shall vary less than one half of chronizing peaks. The amplitude of the one percent of the average interval. sine wave input shall be held at a constant value. This constant value should However, for color transmissions, be such that at no modulating fre- § 73.682(a) (5) and (6) shall be control- quency does the maximum excursion of ling. the sine wave, observed in the com- (6) The rate of change of the fre- posite output signal monitor, exceed quency of recurrence of the leading the value 0.75 of peak output voltage. edges of the horizontal synchronizing The amplitude of the 200 kHz sideband signals shall be not greater than 0.15 shall be measured and designated zero percent per second, the frequency to be dB as a basis for comparison. The mod- determined by an averaging process ulation signal frequency shall then be carried out over a period of not less varied over the desired range and the than 20, nor more than 100 lines, such field strength or signal voltage of the lines not to include any portion of the corresponding sidebands measured. As blanking interval. However, for color an alternate method of measuring, in transmissions, § 73.682(a) (5) and (6) those cases in which the automatic d-c shall be controlling.

228

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.687

(b) Aural transmitter. (1) Pre-emphasis below the visual transmitted power. shall be employed as closely as prac- (The 60 dB. value for television trans- ticable in accordance with the imped- mitters specified in this rule should be ance-frequency characteristic of a se- considered as a temporary requirement ries inductance-resistance network which may be increased at a later date, having a time constant of 75 microsec- especially when more higher-powered onds. (See upper curve of Figure 12 equipment is utilized. Stations should, § 73.699.) therefore, give consideration to the in- (2) If a limiting or compression am- stallation of equipment with greater plifier is employed, precaution should attenuation than 60 dB.) In the event of be maintained in its connection in the interference caused to any service circuit due to the use of pre-emphasis greater attenuation will be required. in the transmitting system. (2) If a limiting or compression am- (3) Aural modulation levels are speci- plifier is used in conjunction with the fied in § 73.1570. aural transmitter, due operating pre- (c) Requirements applicable to both vis- cautions should be maintained because ual and aural transmitters. (1) Auto- of pre-emphasis in the transmitting matic means shall be provided in the system. visual transmitter to maintain the car- (3) TV broadcast stations operating rier frequency within ±1 kHz of the au- on Channel 14 and Channel 69 must thorized frequency; automatic means take special precautions to avoid inter- shall be provided in the aural trans- ference to adjacent spectrum land mo- mitter to maintain the carrier fre- bile radio service facilities. Where a TV quency 4.5 MHz above the actual visual station is authorized and operating carrier frequency within ±1 kHz. prior to the authorization and oper- (2) The transmitters shall be ation of the land mobile facility, a equipped with suitable indicating in- Channel 14 station must attenuate its struments for the determination of op- emissions within the frequency range erating power and with other instru- 467 to 470 MHz and a Channel 69 station ments necessary for proper adjustment, must attentuate its emissions within operation, and maintenance of the the frequency range 806 to 809 MHz if equipment. necessary to permit reasonable use of (3) Adequate provision shall be made the adjacent frequencies by land mo- for varying the output power of the bile licensees. transmitters to compensate for exces- (4) The requirements listed below sive variations in line voltage or for apply to permittees authorized to con- other factors affecting the output struct a new station on TV Channel 14 power. or TV Channel 69, and to licensees au- (4) Adequate provisions shall be pro- thorized to change the channel of an vided in all component parts to avoid existing station to Channel 14 or to overheating at the rated maximum Channel 69, to increase effective radi- output powers. ated power (ERP) (including any (d) The construction, installation, change in directional antenna charac- and operation of broadcast equipment teristics that results in an increase in is expected to conform with all applica- ERP in any direction), or to change the ble local, state, and federally imposed transmitting location of an existing safety regulations and standards, en- station. forcement of which is the responsi- (i) For the purposes of this para- bility of the issuing regulatory agency. graph, a protected land mobile facility (e) Operation. (1) Spurious emissions, is a receiver that is intended to receive including radio frequency harmonics, transmissions from licensed land mo- shall be maintained at as low a level as bile stations within the frequency band the state of the art permits. As meas- below 470 MHz (as relates to Channel ured at the output terminals of the 14) or above 806 MHz (as relates to transmitter (including harmonic fil- Channel 69), and is associated with one ters, if required) all emissions removed or more land mobile stations for which in frequency in excess of 3 MHz above a license has been issued by the Com- 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

229

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.688 47 CFR Ch. I (10–1–99 Edition)

to the date of the filing of the TV con- lem and should provide whatever tech- struction permit application. However, nical assistance it can. a land mobile facility will not be protected if it is proposed in an applica- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, tion that is denied or dismissed and 1068, 1082 (47 U.S.C. 154, 155, 303)) that action is no longer subject to [28 FR 13660, Dec. 14, 1963] Commission review. Further, if the EDITORIAL NOTE: For FEDERAL REGISTER ci- land mobile station is not operating tations affecting § 73.687, see the List of CFR when the TV facility commences oper- Sections Affected in the Finding Aids sec- ation and it does not commence oper- tion of this volume. ation within the time permitted by its authorization in accordance with part § 73.688 Indicating instruments. 90 of this chapter, it will not be pro- (a) Each TV broadcast station shall tected. be equipped with indicating instru- (ii) A TV permittee must take steps ments which conform with the speci- before construction to identify poten- fications described in § 73.1215 for meas- tial interference to normal land mobile uring the operating parameters of the operation that could be caused by TV last radio stage of the visual trans- emissions outside the authorized chan- mitter, and with such other instru- nel, land mobile receiver desensitiza- ments as are necessary for the proper tion or intermodulation. It must in- adjustment, operation, and mainte- stall filters and take other precautions nance of the visual transmitting sys- as necessary, and submit evidence that tem. no interference is being caused before (b) The function of each instrument it will be permitted to transmit pro- shall be clearly and permanently gramming on the new facilities pursu- shown on the instrument itself or on ant to the provisions of § 73.1615 or the panel immediately adjacent there- § 73.1620 of this part. A TV permittee to. must reduce its emissions within the (c) In the event that any one of these land mobile channel of a protected land indicating instruments becomes defec- mobile facility that is receiving inter- tive, when no substitute which conference caused by the TV emission pro- forms with the required specifications ducing a vertically polarized signal and is available, the station may be oper- a field strength in excess of 17 dBu at ated without the defective instrument the land mobile receiver site on the pending its repair or replacement for a period not in excess of 60 days without land mobile frequency. The TV emis- further authority of the FCC, provided sion should be measured with equip- that: ment set to a 30 kHz measurement (1) If the defective instrument is the bandwidth including the entire applica- transmission line meter used for deter- ble land mobile channel. A TV per- mining the output power by the direct mittee must correct a desensitization method, the operating power shall be problem if its occurrence can be di- determined or maintained by the indirectly linked to the start of the rect method whenever possible or by TVoperation and the land mobile sta- using the operating parameters of the tion is using facilities with typical de- last radio stage of the transmitter dur- sensitization rejection characteristics. ing the time the station is operated A TV permittee must identify the without the transmission line meter. source of an intermodulation product (2) If conditions beyond the control of that is generated when the TV oper- the licensee prevent the restoration of ation commences. If the intermodula- the meter to service within the above tion source is under its control, the TV allowed period, informal request in ac- permittee must correct the problem. If cordance with § 73.3549 may be filed the intermodulation source is beyond with the Engineer in Charge of the the TV permittee’s control, it must co- radio district in which the station is operate in the resolution of the prob- located for such additional time as

230

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.698

may be required to complete repairs of the date and time of the initial out-of- the defective instrument. tolerance condition has been entered in [41 FR 36818, Sept. 1, 1976, as amended at 48 the station log. If the operation at FR 38480, Aug. 24, 1983; 49 FR 50048, Dec. 26, variance will exceed 10 consecutive 1984; 50 FR 26568, June 27, 1985] days, a notification must be sent to the FCC in Washington, D.C., not later § 73.691 Visual modulation monitoring. than the 10th day of such operation. In (a) Each TV station must have meas- the event normal operation is resumed uring equipment for determining that prior to the end of the 30 day period, the transmitted visual signal conforms the licensee must notify the FCC upon to the provisions of this subpart. The restoration of normal operation. If licensee shall decide the monitoring causes beyond the control of the li- and measurement methods or proce- censee prevent restoration of normal dures for indicating and controlling the operation within 30 days, a written re- visual signal. quest must be made to the FCC in (b) In the event technical problems Washington, D.C., no later than the make it impossible to operate in accordance with the timing and carrier 30th day for such additional time as level tolerance requirements of § 73.682 may be necessary. (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and [60 FR 55480, Nov. 1, 1995] (a)(17), a TV broadcast station may operate at variance for a period of not § 73.698 Tables. more than 30 days without specific authority from the FCC: provided that, TABLE I[RESERVED]

TABLE II

(4)Ð87.7 (6)Ð95.7 (2)Ð31.4 (3)Ð31.4 kilo- kilometers (5)Ð95.7 kilometers (7)Ð119.9 kilometers meters (19.5 (54.5 kilometers (59.5 kilometers (1)ÐChannel (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

231

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

TABLE IIÐContinued

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]

§ 73.699 TV engineering charts. NOTE: The charts as reproduced herein, due to their small scale, are not to be used in This section consists of the following connection with material submitted to the Figures 1–5, 5a, 6–10, 10a–10e, 11–12, 13– F.C.C. 16.

232

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

233

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00233 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

234

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00234 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

235

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00235 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

236

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00236 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

237

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00237 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

238

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00238 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

239

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00239 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

240

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00240 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

241

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00241 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

242

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00242 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

243

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00243 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

244

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00244 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

245

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00245 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

246

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00246 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

247

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00247 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.699 47 CFR Ch. I (10–1–99 Edition)

248

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00248 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.699

Figures 13 through 15 [Reserved]

249

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00249 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.701 47 CFR Ch. I (10–1–99 Edition)

[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 (b) Transmitter-hour. One frequency Broadcast Stations used on one transmitter for one hour. (c) Frequency-hour. One frequency § 73.701 Definitions. used for one hour regardless of the number of transmitters over which it is The following definitions apply to simultaneously broadcast by a station terminology employed in this subpart: during that hour. (a) International broadcasting stations. (d) Multiple operation. Broadcasting A broadcasting station employing fre- by a station on one frequency over two quencies allocated to the broadcasting or more transmitters simultaneously. service between 5,950 and 26,100 kHz, If a station uses the same frequency si- the transmissions of which are in- multaneously on each of two (three, tended to be received directly by the etc.) transmitters for an hour, it uses general public in foreign countries. (A one frequency-hour and two (three, station may be authorized more than etc.) transmitter-hours. one transmitter.) There are both gov- (e) Day. Any twenty-four hour period ernment and non-government inter- beginning 0100 g.m.t. and ending 0100 national broadcasting stations; only g.m.t. the latter are licensed by the Commis- (f) Sunspot number. The 12–month sion and are subject to the rules of this running average of the number of sun- subpart. spots for any month as indicated in the

250

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.702

U.S. Department of Commerce Tele- reception of particular programs is spe- communications Research and Engi- cifically intended and in which broad- neering Report No. 13—available from cast coverage is contemplated. the Superintendent of Documents, (p) Area of reception. Any geographic Washington, DC 20402. The sunspot area smaller than a zone of reception number varies in an approximate 11– in which the reception of particular year cycle. programs is specifically intended and (g) March season. That portion of any in which broadcast coverage is con- year commencing 0100 g.m.t. on the templated, such areas being indicated first Sunday in March and ending at by countries or parts of countries. 0100 g.m.t. on the first Sunday in May. (q) Delivered median field strength, or (h) May season. That portion of any field strength. The field strength inci- year commencing at 0100 G.M.T. on the dent upon the zone or area of reception first Sunday in May and ending at 0100 expressed in microvolts per meter, or g.m.t. on the first Sunday in Sep- decibels above one microvolt per tember. meter, which is exceeded by the hourly (i) September season. That portion of median value for 50 percent of the days any year commencing at 0100 g.m.t. on of the reference month. the first Sunday in September and end- (r) Carrier power. The average power ing at 0100 g.m.t. on the first Sunday in supplied to the antenna transmission November. line by a transmitter during one radio (j) November season. That portion of frequency cycle under conditions of no any year commencing at 0100 g.m.t. on modulation. the first Sunday in November and end- [38 FR 18892, July 16, 1973] ing at 0100 g.m.t. on the first Sunday in March. § 73.702 Assignment and use of fre- (k) Seasonal schedule. An assignment, quencies. for a season, of a frequency or fre- (a) Frequencies will be assigned by quencies, and other technical param- the Commission prior to the start of eters, to be used by a station for trans- each season to authorized inter- mission to particular zones or areas of national broadcasting stations for use reception during specified hours. during the season at specified hours (l) Reference month. That month of a and for transmission to specified zones season which is used for determining or areas of reception, with specified predicted propagation characteristics power and antenna bearing. Six months for the season. The reference month is prior to the start of each season, li- January, April, July, or October, as re- censees and permittees shall by infor- lated to the season in which it occurs. mal written request, submitted to the (m) Maximum usable frequency (MUF). Commission in triplicate, indicate for The highest frequency which is re- the season the frequency or frequencies turned by ionospheric radio propaga- desired for transmission to each zone tion to the surface of the earth for a or area of reception specified in the li- particular path and time of day for 50 cense or permit, the specific hours dur- percent of the days of the reference ing which it desires to transmit to such month. zones or areas on each frequency, and (n) Optimum working frequency (FOT). the power, antenna gain, and antenna The highest frequency which is re- bearing it desires to use. Requests will turned by ionospheric radio propaga- be honored to the extent that inter- tion to the surface of the earth for a ference and propagation conditions particular path and time of day for 90 permit and that they are otherwise in percent of the days of the reference accordance with the provisions of this month. section. NOTE: The international abbreviation for (b) After necessary processing of the optimum working frequency, FOT, is formed requests required by paragraph (a) of with the initial letters of the French words this section, the Commission will no- for ‘‘optimum working frequency’’ which are tify each licensee and permittee of the ‘‘frequence optimum de travail.’’ frequencies, hours of use thereof to (o) Zone of reception. Any geographic specified zones or areas of reception, zone indicated in § 73.703 in which the power, and antenna bearing which it

251

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.702 47 CFR Ch. I (10–1–99 Edition)

intends to authorize for the season in under program test authority, and to 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) Frequencies assigned by the FCC ation only if accompanied by state- shall be within the following bands ments showing good cause therefor and which are allocated exclusively to the will be honored only if conditions per- international broadcast service; mit. If after the start of a season the li- (1) 5,950–6,200 kHz; 9,500–9,775 kHz; censee or permittee submits a request 11,700–11,975 kHz; 15,100–15,450 kHz; for changes in the manner of operation 17,700–17,900 kHz; 21,450–21,750 kHz; as authorized, the request will be con- 25,600–26,100 kHz. sidered only if accompanied by state- (2) In addition, the following band is ments showing good cause therefor, allocated exclusively to the inter- and will be honored only if conditions national broadcast service in Region 3: permit. 7,100–7,300 kHz. Assignments in this (d) The provisions of paragraphs (a), frequency band will be limited to inter- (b), and (c) of the section shall apply to national broadcast stations located in licensees, to permittees operating the area designated as Region 3 by No.

252

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.702

395 of the International Radio Regula- NOTE 2: It is preferable that calculated tions and authorized only to transmit field strengths delivered to zones or areas of to zones and areas of reception situated reception be equal to or greater than those outside Region 2 as defined in No. 394 of required by I.F.R.B. Technical Standards, Series A (and supplements thereto), in order the International Radio Regulations. for the I.F.R.B. to afford the notified assign- In addition, during the hours of 0800– ment protection from interference. Never- 1600 UTC (Coordinated Universal Time) theless, calculated field strengths less than antenna gain with reference to an iso- those required by the I.F.R.B. standards for tropic radiator in any easterly direc- protection will be acceptable to the Commis- tion that would intersect any area in sion. However, licensees should note that if Region 2 shall not exceed 2.15 dBi, ex- such lesser field strengths are submitted no protection from interference will be provided cept in the case where a transmitter by the I.F.R.B. if their technical examina- power of less than 100 kW is used. In tion of such notifications show incompati- this case, antenna gain on restricted bilities with other notified assignments fully azimuths shall not exceed that which is complying with I.F.R.B. technical standards. determined in accordance with equa- NOTE 3: Licensees are permitted to engage tion below. Stations desiring to oper- in multiple operation as defined in § 73.701(d). ate in this band must submit sufficient NOTE 4: Seasonal requests for frequency- antenna performance information to hours will be only for transmissions to zones or areas of reception specified in the basic ensure compliance with these restric- instrument of authorization. Changes in tions. Permitted Gain for Transmitter such zones or areas will be made only on sep- powers less than 100 kW: arate application for modification of such instruments. 100 Gi =+215. 10 log dBi (h) Not more than one frequency will  Pa  be assigned for use at any one time for any one program transmission except Where: in instances where a program is in- Gi=maximum gain permitted with reference tended for reception in more than one to an isotropic radiator. zone or area of reception and the in- Pa=Transmitter power employed in kW. tended zones or areas cannot be served (3) The carrier frequencies assignable by a single frequency: Provided, how- shall begin 5 kHz above the frequency ever, That on a showing of good cause a specified above for the beginning of licensee may be authorized to operate each band and shall be in sucessive on more than one frequency at any one steps of 5 kHz to and including 5 kHz time to transmit any one program to a below the frequency specified as the single zone or area of reception. end of each band. (i) Any frequency assigned to a li- (g) Frequencies requested for assign- censee or permittee shall also be avail- ment must be as near as practicable to able for assignment to other licensees the optimum working frequency (un- or permittees. less otherwise justified) for the zone or (j) All assignments of frequencies and area of reception for the period and the hours during which they will be path of transmission, and should be used will be made with the express un- chosen so that a given frequency will derstanding that they are subject to provide the largest period of reliable immediate cancellation or change transmission to the selected zone or without hearing whenever the Commis- area of reception. Moreover, at the sion determines that interference or zone or area of reception frequencies propagation conditions so require and shall provide protection to the trans- that each frequency-hour assignment missions of other broadcasting stations for a given seasonal schedule is unique which, in the opinion of the Commis- unto itself and not necessarily avail- sion, have priority of assignment. able for use during a subsequent season. NOTE 1: Requests for frequency-hours shall (k) The total maximum number of be accompanied by all pertinent technical data with reference to the frequencies and frequency-hours which will be author- hours of operation, including calculated field ized to all licensees of international strengths delivered to the zones or areas of broadcasting stations during any one reception. day for any season is 100. The number

253

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.703 47 CFR Ch. I (10–1–99 Edition)

of frequency-hours allocated to any li- sured licensees. Frequency-hours will only be censee will depend on past usage, avail- assigned to the extent that they are availability, and need. If for a forthcoming able. It is the responsibility of each licensee season the total of the requests for to make all technical studies to show that frequency-hours requested by it are available daily frequency-hours of all licensees and suitable for use as proposed. exceeds 100, all licensees will be notified and each licensee that makes an [38 FR 18892, July 16, 1973, as amended at 51 adequate showing that good cause ex- FR 9965, Mar. 24, 1986] ists for not having its requested number of frequency-hours reduced and § 73.703 Geographical zones and areas that operation of its station without of reception. such reduction would be consistent The zones or areas of reception to be with the public interest may be author- served by international broadcasting ized the frequency-hours requested. stations shall be based on the following NOTE: The provisions of this paragraph are map, and directive antennas shall be not to be construed to mean that a total of employed to direct transmissions 100 (or more) frequency-hours per day is as- thereto:

254

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.712

[38 FR 18893, July 16, 1973]

§ 73.712 Equipment tests. station, the permittee, having obtained authorization for frequencies and hours (a) During the process of construc- as set forth in the Note to § 73.702(d) tion of an international broadcasting may, without further authority of the

255

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.713 47 CFR Ch. I (10–1–99 Edition)

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 and if such action may appear to be in determination upon the application for the public interest, convenience, and station license. necessity. (d) All operation under program test (c) Equipment tests may be contin- authority shall be in strict compliance ued so long as the construction permit with the rules governing international shall remain valid: Provided, however, broadcasting stations and in strict ac- That the procedure set forth in para- cordance with representations made in graph (a) of this section must be re- the application for license pursuant to peated prior to the conducting of such which the tests were authorized. tests in each season after the season in (e) The granting of program test au- which the testing began. thority shall not be construed as ap- (d) The authorization for tests em- proval by the Commission of the appli- bodied in this section shall not be con- cation for station license. strued as constituting a license to operate but as a necessary part of con- [38 FR 18894, July 16, 1973, as amended at 47 FR 40174, Sept. 13, 1982] struction. [28 FR 13696, Dec. 14, 1963, as amended at 37 § 73.731 Licensing requirements. FR 25842, Dec. 5, 1972. Redesignated and (a) A license for an international amended at 38 FR 18894, July 16, 1973; 47 FR 40174, Sept. 13, 1982] broadcasting station will be issued only after a satisfactory showing has § 73.713 Program tests. been made in regard to the following, (a) Upon completion of construction among others: of an international broadcasting sta- (1) That there is a need for the inter- tion in accordance with the terms of national broadcasting service proposed the construction permit, the technical to be rendered. provisions of the application therefor, (2) That the necessary program and the rules and regulations and the sources are available to the applicant applicable engineering standards, and to render the international service pro- when an application for station license posed. has been filed showing the station to be (3) That the production of the pro- in satisfactory operating condition, the gram service and the technical oper- permittee may request authority to ation of the proposed station will be conduct program tests. Such request conducted by qualified persons. shall be filed with the FCC at least 10 (4) That the applicant is legally, days prior to the date on which it is de- technically and financially qualified sired to begin such operation. All data and possesses adequate technical facili- necessary to show compliance with the ties to carry forward the service pro- terms and conditions of the construc- posed. tion permit must be filed with the li- (5) That the public interest, conven- cense application. ience and necessity will be served (b) Program tests shall not com- through the operation of the proposed mence until specific Commission au- station. thority is received. The Commission reserves the right to change the date of [38 FR 18895, July 16, 1973]

256

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.756

§ 73.732 Authorizations. may be adjusted upon approval of the Commission. Authorizations issued to international broadcasting stations by the (Secs. 4, 5, 303, 48 Stat., as amended, 1066, Commission will be authorizations to 1068, 1082 (47 U.S.C. 154, 155, 303)) permit the construction or use of a particular transmitting equipment com- [38 FR 18895, July 16, 1973, as amended at 44 bination and related antenna systems FR 65765, Nov. 15, 1979] for international broadcasting, and to § 73.754 Frequency monitors. permit broadcasting to zones or areas of reception specified on the instru- (a) The licensee of each international ment of authorization. The authoriza- broadcast station shall operate a fre- tions will not specify the frequencies to quency monitor at the transmitter be used or the hours of use. Requests independent of the frequency control of for frequencies and hours of use will be the transmitter. made as provided in § 73.702. Seasonal (b) The frequency monitor shall be schedules, when issued pursuant to the designed and constructed in accordance provisions of § 73.702, will become at- with good engineering practice. It shall tachments to and part of the instru- have an accuracy sufficient to deter- ment of authorization, replacing any mine that the operating frequency is such prior attachments. within one-half of the allowed tolerance. [38 FR 18895, July 16, 1973] [37 FR 25842, Dec. 5, 1972] § 73.733 Normal license period. All international broadcast station § 73.755 Modulation monitors. licenses will be issued so as to expire at The licensee of each international the hour of 3 a.m. local time and will broadcast station shall have a modula- be issued for a normal period of 8 years tion monitor in operation at the trans- expiring November 1. mitter. [62 FR 5347, Feb. 5, 1997] [37 FR 25842, Dec. 5, 1972]

§ 73.751 Operating power . § 73.756 Transmission system require- No international broadcasting sta- ments. tion will be authorized to install, or be (a) Design. The construction, installa- licensed for operation of, transmitter tion, operation, and performance of the equipment with a rated carrier power international broadcasting transmitter of less than 50 kilowatts. system shall be in accordance with good engineering practice. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (b) Spurious emission. (1) Any emission 1068, 1082 (47 U.S.C. 154, 155, 303)) appearing on a frequency removed from [38 FR 18895, July 16, 1973, as amended at 44 the carrier frequency by between 6.4 FR 65765, Nov. 15, 1979] kHz and 10 kHz, inclusive, shall be attenuated at least 25 dB below the level § 73.753 Antenna systems. of the unmodulated carrier. Compli- All international broadcasting sta- ance with the specification will be tions shall operate with directional an- deemed to show the occupied band- tennas. Such antennas shall be de- width to be 10 kHz or less. signed and operated so that the radi- (2) Any emission appearing on a fre- ated power in the maximum lobe to- quency removed from the carrier fre- ward the specific zone or area of recep- quency by more than 10 kHz and up to tion intended to be served shall be at and including 25 kHz shall be attenu- least 10 times the average power from ated at least 35 dB below the level of the antenna in the horizontal plane. the unmodulated carrier. Radiation in all other directions shall (3) Any emission appearing on a fre- be suppressed to the maximum extent quency removed from the carrier fre- technically feasible. In order to elimi- quency by more than 25 kHz shall be nate or mitigate harmful interference, attenuated at least 80 dB below the the direction of the maximum lobe level of the unmodulated carrier.

257

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.757 47 CFR Ch. I (10–1–99 Edition)

(4) In the event spurious emissions may be omitted provided the operation cause harmful interference to other under paragraph (c) of this section is stations or services, such additional satisfactory. A record shall be kept of steps as may be necessary to eliminate the time and result of each test. Such the interference must be taken imme- records shall be retained for a period of diately by the licensee. two years. (c) Frequency control. The transmitter (e) The auxiliary transmitters shall shall be equipped with automatic fre- be equipped with satisfactory control quency control apparatus so designed equipment which will enable the main- and constructed that it is capable of tenance of the frequency emitted by maintaining the operating frequency the station within the limits prescribed within 0.0015 percent of the assigned by the regulations in this part. frequency. (f) The operating power of an auxiliary transmitter may be less but not (Secs. 4, 5, 303, 48 Stat., as amended, 1066, greater than the authorized power of 1068, 1082 (47 U.S.C. 154, 155, 303)) the main transmitters. [38 FR 18895, July 16, 1973, as amended at 44 [28 FR 13696, Dec. 14, 1963, as amended at 37 FR 65765, Nov. 15, 1979] FR 25843, Dec. 5, 1972; 60 FR 55480, Nov. 1, 1995] § 73.757 Auxiliary transmitters. Upon showing that a need exists for § 73.758 Alternate main transmitters. the use of auxiliary transmitters, a li- The licensee of an international cense may be issued provided that: broadcast station may be licensed for (a) Auxiliary transmitters may be in- alternate main transmitters provided stalled either at the same location as that a technical need for such alter- the main transmitters or at another lo- nate transmitters is shown and that cation. the following conditions are met: Both (b) [Reserved] transmitters: (c) The auxiliary transmitters shall (a) Are located at the same place; be maintained so that they may be put (b) Shall have the same power rating; into immediate operation at any time and for the following purposes: (c) Shall meet the construction, in- (1) The transmission of the regular stallation, operation, and performance programs upon the failure of the main requirements of good engineering prac- transmitters. tice. (2) The transmission of regular programs during maintenance or modifica- [37 FR 25843, Dec. 5, 1972] tion work on the main transmitter, necessitating discontinuance of its oper- § 73.759 Modification of transmission ation for a period not to exceed 5 days. systems. (This includes the equipment changes Specific authority, upon filing formal which may be made without authority application (FCC Form 309) therefor, is as set forth elsewhere in the rules and required for any of the following regulations or as authorized by the changes: Commission by letter or by construc- (a) Change involving an increase or tion permit. Where such operation is decrease in the power rating of the required for periods in excess of 5 days, transmitters. request therefor shall be in accordance (b) A replacement of the transmitters with § 73.3542 of this chapter.) as a whole. (3) Upon request by a duly authorized (c) Change in the location of the representative of the Commission. transmitting antenna. (d) The auxiliary transmitters shall (d) Change in location of main studio, be tested at least once each week to de- if it is proposed to move the main stu- termine that they are in proper oper- dio to a different city from that speci- ating condition and that they are ad- fied in the license. justed to the proper frequency except (e) Change in the power delivered to that in the case of operation in accord- the antenna. ance with paragraph (c) of this section (f) Change in frequency control and/ during any week, the test in that week or modulation system.

258

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.782

(g) Change in direction or gain of an- calibrated dummy load or by any other tenna system. method specified by the licensee and Other changes, not specified above in accepted by the Commission. Such this section, may be made at any time method may subsequently be used by without the authority of the Commis- the licensee to maintain the authorized sion: Provided, That the Commission operating power. shall be immediately notified thereof and such changes shall be shown in the (Secs. 4, 5, 303, 48 Stat., as amended, 1066, next application for renewal of license. 1068, 1082 (47 U.S.C. 154, 155, 303)) [38 FR 18895, July 16, 1973, as amended at 44 (Secs. 4, 5, 303, 48 Stat., as amended, 1066, FR 65765, Nov. 15, 1979] 1068, 1082 (47 U.S.C. 154, 155, 303)) [38 FR 18895, July 16, 1973, as amended at 44 § 73.766 Modulation and bandwidth. FR 65765, Nov. 15, 1979] The percentage of modulation shall be maintained as high as possible con- § 73.761 Time of operation. sistent with good quality of trans- (a) All international broadcasting mission and good broadcast practice. In stations shall operate in accordance no case shall it exceed 100 percent on with the times indicated on their sea- positive or negative peaks of frequent sonal schedules. recurrence. It should not be less than (b) In the event that causes beyond a 85 percent on peaks of frequent recur- licensee’s control make it impossible rence. The range of modulation fre- to adhere to the seasonal schedule or quencies shall be so controlled that the to continue operating, the station may authorized bandwidth of the emission limit or discontinue operation for a pe- shall not be exceeded under all condi- riod of not more than 10 days, without tions of modulation. The highest modu- further authority from the FCC. How- lating frequency shall not exceed 5 ever, in such cases, the FCC shall be kHz. immediately notified in writing of such limitation or discontinuance of oper- [38 FR 18896, July 16, 1973] ation and shall subsequently be noti- § 73.781 Logs. fied when the station resumes regular operation. The licensee or permittee of each (c) In the event that causes beyond a international broadcast station must licensee’s control make it impossible maintain the station log in the fol- to adhere to the seasonal schedule or lowing manner: to continue operating for a temporary (a) In the program log: period of more than 10 days, the sta- (1) An entry of the time each station tion may not limit or discontinue oper- identification announcement (call let- ation until it requests and receives spe- ters and location) is made. cific authority to do so from the FCC. (2) An entry briefly describing each When the station subsequently resumes program broadcast, such as ‘‘music’’, regular operation after such limited ‘‘drama’’, ‘‘speech’’, etc., together with operation or discontinuance of oper- the name or title thereof, language, ation, it shall notify the FCC in Wash- and the sponsor’s name, with the time ington, DC. The license of a broad- of the beginning and ending of the com- casting station that fails to transmit plete program. broadcast signals for any consecutive (3) For each program of network ori- 12-month period expires as a matter of gin, an entry showing the name of the law at the end of that period, notwith- network originating the program. standing any provision, term, or condi- [28 FR 13696, Dec. 14, 1963, as amended at 37 tion of the license to the contrary. FR 25843, Dec. 5, 1972; 48 FR 38480, Aug. 24, [38 FR 18895, July 16, 1973, as amended at 47 1983] FR 40174, Sept. 13, 1982; 61 FR 28767, June 6, 1996] § 73.782 Retention of logs. Logs of international broadcast sta- § 73.765 Determining operating power. tions shall be retained by the licensee The operating power specified in or permittee for a period of two years: § 73.751 shall be determined by use of a Provided, however, That logs involving

259

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.787 47 CFR Ch. I (10–1–99 Edition)

communications incident to a disaster modity, utility or service, or attrac- or which include communications inci- tion advertised. dent to or involved in an investigation (2) In case of advertising a com- by the Commission and concerning modity, the commodity is regularly which the licensee or permittee has sold or is being promoted for sale on been notified, shall be retained by the the open market in the foreign country licensee or permittee until he is spe- or countries to which the program is cifically authorized in writing by the directed in accordance with paragraph Commission to destroy them: Provided, (c) of this section. further, That logs incident to or in- (3) In case of advertising an Amer- volved in any claim or complaint of ican utility or service to prospective which the licensee or permittee has no- tourists or visitors to the United tice shall be retained by the licensee or States, the advertisement continuity is permittee until such claim or com- particularly directed to such persons in plaint has been fully satisfied or until the foreign country or countries where the same has been barred by statute they reside and to which the program limiting the time for the filing of suits is directed in accordance with para- upon such claims. graph (c) of this section. (4) In case of advertising an inter- [28 FR 13696, Dec. 14, 1963] national attraction (such as a world fair, resort, spa, etc.) to prospective § 73.787 Station identification. tourists or visitors to the United (a) A licensee of an international States, the oral continuity concerning broadcast station shall make station such attraction is consistent with the identification announcement (call let- purpose and intent of this section. ters and location), at the beginning and (5) In case of any other type of adver- ending of each time of operation and tising, such advertising is directed to during the operation on the hour. the foreign country or countries to (b) Station identification, program which the program is directed and is announcements, and oral continuity consistent with the purpose and intent shall be made with international sig- of this section. nificance (language particularly) which (c) The geographic areas to be served is designed for the foreign country or by international broadcasting stations countries for which the service is pri- are the zones and areas of reception marily intended. shown in § 73.703. (d) An international broadcast sta- [28 FR 13696, Dec. 14, 1963, as amended at 34 tion may transmit the program of a FR 19762, Dec. 17, 1969; 38 FR 18896, July 16, AM broadcast station or network sys- 1973] tem: Provided, That the conditions in paragraph (b) of this section as to any § 73.788 Service; commercial or spon- commercial continuities are observed sored programs. and when station identifications are (a) A licensee of an international made, only the call letter designation broadcast station shall render only an of the international station is given international broadcast service which and its assigned frequency: And pro- will reflect the culture of this country vided further, That in the case of chain and which will promote international broadcasting the program is not car- goodwill, understanding, and coopera- ried simultaneously by another inter- tion. Any program solely intended for national station (except another sta- and directed to an audience in the con- tion owned by the same licensee oper- tinental United States does not meet ated on a frequency in a different group the requirements for this service. to obtain continuity of signal service), (b) Such international broadcast the signals from which are directed to service may include commercial or the same area. (See section 3(p) of the sponsored programs: Provided, That: Communications Act of 1934 for the (1) Commercial program continuities definition of ‘‘chain broadcasting.’’) give no more than the name of the [28 FR 13696, Dec. 14, 1963, as amended at 37 sponsor of the program and the name FR 25843, Dec. 5, 1972; 38 FR 18896, July 16, and general character of the com- 1973]

260

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1010

Subpart G—Emergency Broadcast services, commercial and noncommer- System cial. (b) Rules in part 73 applying exclusively to a particular broadcast service AUTHORITY: Secs. 1, 4 (i) and (o), and 303 (r), are contained in the following: AM, Communications Act of 1934, as amended. subpart A; FM, subpart B; Noncommer- § 73.900 Cross references. cial Educational FM, subpart C; and TV, subpart E. The Emergency Broadcast System (c) Certain provisions of this subpart (EBS) rules have been renamed the apply to International Broadcast Sta- Emergency Alert System (EAS) and re- tions (subpart F, part 73), Low Power vised. The new EAS rules are contained TV, TV Translator and TV Booster in a new Part 11. Equipment type ac- Stations (subpart G, part 74) where the cepted for EBS use under the old Sub- rules for those services so provide. part G rules may continue to be used (d) The provisions of this part apply- at broadcast stations until January 1, ing to licensees also apply to holders of 1998, provided that it meets all applica- construction permits (permittees). ble requirements of Part 11 of this chapter. [43 FR 32781, July 28, 1978, as amended at 52 FR 31399, Aug. 20, 1987] Old section New section

73.901 ...... 11.1 § 73.1010 Cross reference to rules in 73.902 ...... 11.1 other parts. 73.903 ...... 11.11 Certain rules applicable to broadcast 73.904 ...... Removed 73.905 ...... 11.13 services, some of which are also appli- 73.906 ...... 11.12 cable to other services, are set forth in 73.907 ...... 11.13 the following Parts of the FCC Rules 73.908 ...... 11.15 and Regulations. 73.909 ...... 11.16 73.910 ...... 11.17 (a) Part 1, ‘‘Practice and Procedure.’’ 73.912 ...... 11.43 (1) Subpart A, ‘‘General Rules of 73.913 ...... 11.18 Practice and Procedure’’. (§§ 1.1 to 73.914 ...... 11.19 73.915 ...... 11.19 1.120). 73.916 ...... 11.19 (2) Subpart B, ‘‘Hearing Pro- 73.917 ...... 11.19 ceedings’’. (§§ 1.201 to 1.364) 73.918 ...... 11.19 73.919 ...... 11.20 (3) Subpart C, ‘‘Rulemaking Pro- 73.920 ...... 11.21(b) ceedings’’. (§§ 1.399 to 1.430). 73.921 ...... 11.21 (4) Subpart G, ‘‘Schedule of Statu- 73.922 ...... 11.44 tory Charges and Procedures for Pay- 73.926 ...... 11.41 73.927 ...... 11.42 ment’’. (§§ 1.1101 to 1.1117.) 73.931 ...... 11.14, 11.53 (5) Subpart H, ‘‘Ex Parte Commu- 73.932 ...... 11.35, 11.51, 11.52 nications’’. (§§1.1200 to 1.1216). 73.933 ...... 11.54 73.935 ...... 11.55 (6) Subpart I, ‘‘Procedures Imple- 73.936 ...... 11.55 menting the National Environmental 73.937 ...... 11.55 Policy Act of 1969’’. (§§ 1.1301 to 1.1319). 73.940 ...... 11.32 (7) Subpart P, ‘‘Implementation of 73.941 ...... 11.33 73.942 ...... 11.34 the Anti-Drug Abuse Act of 1988’’. 73.943 ...... 11.34 (§§ 1.2001–1.2003.) 73.961 ...... 11.61 (8) Subpart Q, ‘‘Competitive Bidding 73.962 ...... 11.62 Proceedings’’ (§§ 1.2101–1.2112). (b) Part 2, ‘‘Frequency Allocations [59 FR 67102, Dec. 28, 1994, as amended at 60 and Radio Treaty Matters, General FR 56000, Nov. 6, 1995] Rules and Regulations’’, including Sub- parts A, ‘‘Terminology’’; B, ‘‘Alloca- Subpart H—Rules Applicable to All tion, Assignments and Use of Radio Broadcast Stations Frequencies’’; C, ‘‘Emissions’’; D, ‘‘Call Signs and Other Forms of Identifying § 73.1001 Scope. Radio Transmissions’’; and J, ‘‘Equip- (a) The rules in this subpart are comment Authorization Procedures’’. mon to all AM, FM, and TV broadcast (c) [Reserved]

261

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1015 47 CFR Ch. I (10–1–99 Edition)

(d) Part 17, ‘‘Construction, Marking and licensees in all instances to respond and Lighting of Antenna Structures’’. truthfully to requests for information (e) Part 74, ‘‘Experimental, Auxiliary deemed necessary to the proper execution of and Special Broadcast and Other Pro- the Commission’s functions. gram Distributional Services’’ includ- [51 FR 3069, Jan. 23, 1986, as amended at 55 ing: FR 28914, July 16, 1990] (1) Subpart A, ‘‘Experimental Broad- cast Stations’’; § 73.1020 Station license period. (2) Subpart D, ‘‘Remote Pickup (a) Initial licenses for broadcast sta- Broadcast Stations’’; tions will ordinarily be issued for a pe- (3) Subpart E, ‘‘Aural Broadcast Aux- riod running until the date specified in iliary Stations’’; this section for the State or Territory (4) Subpart F, ‘‘Television Broadcast in which the station is located. If Auxiliary Stations’’; issued after such date, it will run to (5) Subpart G, ‘‘Low Power TV, TV the next renewal date determined in Translator and TV Booster Stations’’; accordance with this section. Both (6) Subpart H, ‘‘Low Power Auxiliary radio and TV broadcasting stations Stations’’; will ordinarily be renewed for 8 years. (7) Subpart I, ‘‘Instructional TV However, if the FCC finds that the pub- Fixed Service’’; and lic interest, convenience and necessity (8) Subpart L, ‘‘FM Broadcast Trans- will be served thereby, it may issue ei- lator Stations and FM Broadcast ther an initial license or a renewal Booster Stations’’. thereof for a lesser term. The time of [53 FR 2498, Jan. 28, 1988, as amended at 57 expiration of normally issued initial FR 48333, Oct. 23, 1992; 60 FR 55480, Nov. 1, and renewal licenses will be 3 a.m., 1995; 63 FR 48622, Sept. 11, 1998] local time, on the following dates and thereafter at 8-year intervals for radio § 73.1015 Truthful written statements and TV broadcast stations located in: and responses to Commission inquiries and correspondence. (1) Maryland, District of Columbia, Virginia and West Virginia: The Commission or its representa- (i) Radio stations, October 1, 1995. tives may, in writing, require from any (ii) Television stations, October 1, applicant, permittee, or licensee writ- 1996. ten statements of fact relevant to a de- (2) North Carolina and South Caro- termination whether an application lina: should be granted or denied, or to a de- (i) Radio stations, December 1, 1995. termination whether a license should (ii) Television stations, December 1, be revoked, or to any other matter 1996. within the jurisdiction of the Commis- (3) Florida, Puerto Rico and the Vir- sion, or, in the case of a proceeding to gin Islands: amend the FM or Television Table of (i) Radio stations, February 1, 1996. Allotments, require from any person (ii) Television stations, February 1, filing an expression of interest, written 1997. statements of fact relevant to that al- (4) Alabama and Georgia: lotment proceeding. No applicant, per- (i) Radio stations, April 1, 1996. mittee, licensee, or person who files an (ii) Television stations, April 1, 1997. expression of interest shall in any re- (5) Arkansas, Louisiana and Mis- sponse to Commission correspondence sissippi: or inquiry or in any application, plead- (i) Radio stations, June 1, 1996. ing, report or any other written state- (ii) Television stations, June 1, 1997. ment submitted to the Commission, (6) Tennessee, Kentucky and Indiana: make any misrepresentation or willful (i) Radio stations, August 1, 1996. material omission bearing on any mat- (ii) Television stations, August 1, ter within the jurisdiction of the Com- 1997. mission. (7) Ohio and Michigan: NOTE: Section 73.1015 is limited in applica- (i) Radio stations, October 1, 1996. tion to written matter. It implies no change (ii) Television stations, October 1, in the Commissions existing policies respect- 1997. ing the obligation of applicants, permittees (8) Illinois and Wisconsin:

262

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1030

(i) Radio stations, December 1, 1996. any provision, term, or condition of the (ii) Television stations, December 1, license to the contrary. 1997. (9) Iowa and Missouri: (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) (i) Radio stations, February 1, 1997. (ii) Television stations, February 1, [49 FR 4382, Feb. 6, 1984, as amended at 52 FR 1998. 25604, July 8, 1987; 59 FR 63051, Dec. 7, 1994; 61 FR 18291, Apr. 25, 1996; 61 FR 28767, June 6, (10) Minnesota, North Dakota, South 1996; 62 FR 5347, Feb. 5, 1997] Dakota, Montana and Colorado: (i) Radio stations, April 1, 1997. § 73.1030 Notifications concerning in- (ii) Television stations, April 1, 1998. terference to radio astronomy, research and receiving installations. (11) Kansas, Oklahoma and Nebraska: (i) Radio stations, June 1, 1997. (a)(1) Radio astronomy and radio re- (ii) Television stations, June 1, 1998. search installations. In order to minimize harmful interference at the Na- (12) Texas: tional Radio Astronomy Observatory (i) Radio stations, August 1, 1997. site located at Green, Pocahontas (ii) Television stations, August 1, County, West Virginia, and at the 1998. Naval Radio Research Observatory at (13) Wyoming, Nevada, Arizona, Sugar Grove, Pendleton County, West Utah, New Mexico and Idaho: Virginia, a licensee proposing to oper- (i) Radio stations, October 1, 1997. ate a short-term broadcast auxiliary (ii) Television stations, October 1, station pursuant to § 74.24, and any ap- 1998. plicant for authority to construct a (14) California: new broadcast station, or for authority (i) Radio stations, December 1, 1997. to make changes in the frequency, (ii) Television stations, December 1, power, antenna height, or antenna di- 1998. rectivity of an existing station within the area bounded by 39° 15′ N on the (15) Alaska, American Samoa, Guam, north, 78° 30′ W on the east, 37° 30′ N on Hawaii, Mariana Islands, Oregon and the south, and 80° 30′ W on the west, Washington: shall notify the Interference Office, Na- (i) Radio stations, February 1, 1998. tional Radio Astronomy Observatory, (ii) Television stations, February 1, P.O. Box 2, Green Bank, West Virginia 1999. 24944. Telephone: (304) 456–2011. The no- (16) Connecticut, Maine, Massachu- tification shall be in writing and set setts, New Hampshire, Rhode Island forth the particulars of the proposed and Vermont: station, including the geographical co- (i) Radio stations, April 1, 1998. ordinates of the antenna, antenna (ii) Television stations, April 1, 1999. height, antenna directivity if any, pro- (17) New Jersey and New York: posed frequency, type of emission and (i) Radio stations, June 1, 1998. power. The notification shall be made (ii) Television stations, June 1, 1999. prior to, or simultaneously with, the filing of the application with the Com- (18) Delaware and Pennsylvania: mission. After receipt of such applica- (i) Radio stations, August 1, 1998. tions, the FCC will allow a period of 20 (ii) Television stations, August 1, days for comments or objections in re- 1999. sponse to the notifications indicated. If (b) For the cutoff date for the filing an objection to the proposed operation of applications mutually exclusive is received during the 20-day period with renewal applications that are filed from the National Radio Astronomy on or before May 1, 1995 and for the Observatory for itself, or on behalf of deadline for filing petitions to deny re- the Naval Radio Research Observatory, newal applications, see § 73.3516(e). the FCC will consider all aspects of the (c) The license of a broadcasting sta- problem and take whatever action is tion that fails to transmit broadcast deemed appropriate. signals for any consecutive 12-month (2) Any applicant for a new perma- period expires as a matter of law at the nent base or fixed station authoriza- end of that period, notwithstanding tion to be located on the islands of

263

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1030 47 CFR Ch. I (10–1–99 Edition)

Puerto Rico, Desecheo, Mona, Vieques, Department of Commerce seeks to en- and Culebra, or for a modification of an sure that the field strengths of any ra- existing authorization to change the diated signals (excluding reflected sig- frequency, power, antenna height, di- nals) received on this 1800 acre site rectivity, or location of a station on (within the area bounded by 40°09′10′′ N these islands shall notify the Inter- Latitude on the north, 105°13′31′′ W ference Office, Arecibo Observatory, Longitude on the east, 40°07′05′′ N Lati- Post Office Box 995, Arecibo, Puerto tude on the south, and 105°15′13′′ W Lon- Rico 00613, in writing or electronically, gitude on the west) resulting from new of the technical parameters of the pro- assignments (other than mobile sta- posal. Applicants shall consult inter- tions) or from the modification of relo- ference guidelines, which will be pro- cation of existing facilities do not ex- vided by Cornell University. Applicants ceed the following values: who choose to transmit information electronically should e-mail to: Field Power flux strength in density in [email protected] authorized authorized (i) The notification to the Inter- Frequency range bandwidth bandwidth of service of service ference Office, Arecibo Observatory (mV/m) (dBW/m2) 1 shall be made prior to, or simultaneously with, the filing of the applica- Below 540 kHz ...... 10 ¥65.8 tion with the Commission. The notifi- 540 to 1700 kHz ...... 20 ¥59.8 2¥ cation shall state the geographical co- 1.7 to 470 MHz ...... 10 65.8 470 to 890 MHz ...... 30 2¥56.2 ordinates of the antenna (NAD–83 Above 890 MHz ...... 1 2¥85.8 datum), antenna height above ground, 1 Equivalent values of power flux density are calculated as- ground elevation at the antenna, an- suming free space characteristic impedance of 376.7=120 tenna directivity and gain, proposed ohms. frequency and FCC Rule Part, type of 2 Space stations shall conform to the power flux density limits at the earth's surface specified in appropriate parts of emission, and effective radiated power. the FCC rules, but in no case should exceed the above levels (ii) After receipt of such applications, in any 4 kHz band for all angles of arrival. the Commission will allow the Arecibo (1) Advance consultation is rec- Observatory a period of 20 days for ommended particularly for those appli- comments or objections in response to cants who have no reliable data which the notification indicated. The appli- indicates whether the field strength or cant will be required to make reason- power flux density figures in the above able efforts to resolve or mitigate any table would be exceeded by their pro- potential interference problem with posed radio facilities (except mobile the Arecibo Observatory and to file ei- stations). In such instances, the fol- ther an amendment to the application lowing is a suggested guide for deter- or a modification application, as appro- mining whether coordination is rec- priate. The Commission shall deter- ommended: mine whether an applicant has satis- (i) All stations within 2.4 km (1.5 fied its responsibility to make reason- statute miles); able efforts to protect the Observatory from interference. (ii) Stations within 4.8 km (3 statute (b) Radio receiving installations. Pro- miles) with 50 watts or more effective tection for Table Mountain Radio Re- radiated power (ERP) in the primary ceiving Zone, Boulder County, Colo- plane polarization in the azimuthal di- rado: Applicants for a station author- rection of the Table Mountain Radio ization to operate in the vicinity of Receiving Zone; Boulder County, Colorado under this (iii) Stations within 16 km (10 statute Part are advised to give due consider- miles) with 1 kW or more ERP in the ation, prior to filing applications, to primary plane of polarization in the az- the need to protect the Table Mountain imuthal direction of Table Mountain Radio Receiving Zone from harmful in- Receiving Zone; terference. These are the research lab- (iv) Stations within 80 km (50 statute oratories of the Department of Com- miles) with 25 kW or more ERP in the merce, Boulder County, Colorado. To primary plane polarization in the azi- prevent degradation of the present am- muthal direction of Table Mountain bient radio signal level at the site, the Receiving Zone.

264

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1030

(2) Applicants concerned are urged to nates, or if there is any question communicate with the Radio Fre- whether field strength levels might ex- quency Management Coordinator, De- ceed the threshold value, advance con- partment of Commerce, Research Sup- sultation with the FCC to discuss any port Services, NOAA R/E5X2, Boulder protection necessary should be consid- Laboratories, Boulder, CO 80303; tele- ered. Prospective applicants may com- phone (303) 497–6548, in advance of filing municate with: Chief, Compliance and their applications with the Commis- Information Bureau, Federal Commu- sion. nications Commission, Washington, DC (3) The Commission will not screen 20554, Telephone (202) 632–6980. applications to determine whether ad- (3) Advance consultation is suggested vance consultation has taken place. particularly for those applicants who However, applicants are advised that have no reliable data which indicates such consultation can avoid objectimns whether the field strength or power from the Department of Commerce or proceedings to modify any authoriza- flux density figure indicated would be tion which may be granted which, in exceeded by their proposed radio facili- fact, delivers a signal at the site in ex- ties (except mobile stations). In such cess of the field strength specified instances, the following is a suggested herein. guide for determining whether an ap- (c) Protection for Federal Communica- plicant should coordinate: tions Commission monitoring stations. (1) (i) All stations within 2.4 kilometers Applicants in the vicinity of a FCC (1.5 statute miles); monitoring station for a radio station (ii) Stations within 4.8 kilometers (3 authorization to operate new transmit- statute miles) with 50 watts or more ting facilities or changed transmitting average effective radiated power (ERP) facilities which would increase the in the primary plane of polarization in field strength produced over the moni- the azimuthal direction of the Moni- toring station in excess of that pre- toring Stations. viously authorized are advised to give (iii) Stations within 16 kilometers (10 consideration, prior to filing applica- statute miles) with 1 kW or more aver- tions, to the possible need to protect age ERP in the primary plane of polar- the FCC stations from harmful inter- ization in the azimuthal direction of ference. Geographical coordinates of the Monitoring Station; the facilities which require protection (iv) Stations within 80 kilometers (50 are listed in § 0.121(c) of the FCC rules. Applications for stations (except mo- statute miles) with 25 kW or more av- bile stations) which will produce on erage ERP in the primary plane of po- any frequency a direct wave funda- larization in the azimuthal direction of mental field strength of greater than 10 the Monitoring Station; mV/m in the authorized bandwidth of (4) Advance coordination for stations service (¥65.8 dBW/m2 power flux den- operating above 1000 MHz is rec- sity assuming a free space char- ommended only where the proposed acteristic impedance of 120 π ohms) at station is in the vicinity of a moni- the referenced coordinates, may be ex- toring station designated as a satellite amined to determine extent of possible monitoring facility in § 0.121(c) of the interference. Depending on the theo- Commission’s Rules and also meets the retical field strength value and exist- criteria outlined in paragraphs (b) (2) ing root-sum-square or other ambient and (3) of this section. radio field signal levels at the indi- (5) The Commission will not screen cated coordinates, a clause protecting applications to determine whether ad- the monitoring station may be added vance consultation has taken place. to the station authorization. However, applicants are advised that (2) In the event that calculated value such consultation can avoid objections of expected field exceeds 10 mV/m from the Federal Communications (¥65.8 dBW/m2) at the reference coordi-

265

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1120 47 CFR Ch. I (10–1–99 Edition)

Commission or modification of any au- (2) AM, FM, or TV stations, when thorization which will cause harmful good cause exists for locating the main interference. studio at a location other than that described in paragraph (a) of this section, [43 FR 32782, July 28, 1978, as amended at 44 FR 77167, Dec. 31, 1979; 47 FR 9221, Mar. 4, and when so doing would be consistent 1982; 50 FR 39003, Sept. 26, 1985; 52 FR 25867, with the operation of the station in the July 9, 1987; 52 FR 36879, Oct. 1, 1987; 52 FR public interest. 37789, Oct. 9, 1987; 56 FR 64872, Dec. 12, 1991; (c) Relocation of the main studio 61 FR 8477, Mar. 5, 1996; 62 FR 55532, Oct. 27, may be made: 1997; 63 FR 70048, Dec. 18, 1998] (1) From one point to another within the locations described in paragraph (a) § 73.1120 Station location. this section or from a point outside the (a) Each AM, FM and TV broadcast locations specified in paragraph (a) to station will be licensed to the principal one within those locations, without community or other political subdivi- specific FCC authority, but notifica- sion which it primarily serves. This tion to the FCC in Washington shall be principal community (city, town or made promptly. other political subdivision) will be con- (2) Written authority to locate a sidered to be the geographical station main studio outside the locations spec- location. ified in paragraph (a) of this section for [44 FR 69934, Dec. 5, 1979, as amended at 52 the first time must be obtained from FR 21685, June 9, 1987] the Audio Services Division, Mass Media Bureau for AM and FM stations, § 73.1125 Station main studio location. or the Television Branch, Video Serv- (a) Except for those stations de- ices Division, Mass Media Bureau for scribed in paragraph (b) of this section, television stations before the studio each AM, FM, and TV broadcast sta- may be moved to that location. Where tion shall maintain a main studio at the main studio is already authorized one of the following locations: at a location outside those specified in (1) Within the station’s community paragraph (a), and the licensee or per- of license; mittee desires to specify a new loca- (2) At any location within the prin- tion also located outside those loca- cipal community contour of any AM, tions, written authority must also be FM, or TV broadcast station licensed received from the Commission prior to to the station’s community of license; the relocation of the main studio. Au- or thority for these changes may be re- (3) Within twenty-five miles from the quested by filing a letter with an expla- reference coordinates of the center of nation of the proposed changes with its community of license as described the appropriate division. Licensees or in § 73.208(a)(1). permittees should be aware that the filing of such a letter request does not NOTE TO PARAGRAPH (A): The principal com- imply approval of the relocation re- munity contour of AM stations that simulcast on a frequency in the 535–1605 kHz band quest, because each request is ad- and on a frequency in the 1605–1705 kHz band dressed on a case-by-case basis. A filing shall be the 5 mV/m contour of the lower fee is required for commercial AM, FM, band operation during the term of the simul- or TV licensees or permittees filing a taneous operating authority. Upon termi- letter request under this section (see nation of the 535–1605 kHz band portion of § 1.1104). the dual frequency operation, the principal (d) Each AM, FM, and TV broadcast community contour shall become the 5 mV/ m of the remaining operation in the 1605–1705 station shall maintain a local tele- kHz band. phone number in its community of license or a toll-free number. (b) The following stations are not required to maintain their main studio [63 FR 49497, Sept. 16, 1998] at the locations described in paragraph (a) of this section. § 73.1150 Transferring a station. (1) AM stations licensed as syn- (a) In transferring a broadcast sta- chronous amplifier transmitters (‘‘AM tion, the licensee may retain no right boosters’’) or, of reversion of the license, no right to

266

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1202

reassignment of the license in the fu- (2) Simultaneous AM (535–1605 kHz) and ture, and may not reserve the right to AM (1605–1705 kHz broadcasts. If the use the facilities of the station for any same licensee operates an AM broad- period whatsoever. cast station in the 535–1605 kHz band (b) No license, renewal of license, as- and an AM broadcast station in the signment of license or transfer of con- 1605–1705 kHz band with both stations trol of a corporate licensee will be licensed to the same community and granted or authorized if there is a con- simultaneously broadcasts the same tract, arrangement or understanding, programs over the facilities of both express or implied, pursuant to which, such stations, station identification as consideration or partial consider- announcements may be made jointly ation for the assignment or transfer, for both stations for periods of such si- such rights, as stated in paragraph (a) multaneous operations. of this section, are retained. (3) Satellite operation. When program- (c) Licensees and/or permittees au- ming of a broadcast station is rebroad- thorized to operate in the 535–1605 kHz cast simultaneously over the facilities and in the 1605–1705 kHz band pursuant of a satellite station, the originating to the Report and Order in MM Docket station may make identification an- No. 87–267 will not be permitted to as- nouncements for the satellite station sign or transfer control of the license for periods of such simultaneous oper- or permit for a single frequency during ation. the period that joint operation is au- (i) In the case of a television broad- thorized. cast station, such announcements, in addition to the information required by [44 FR 58720, Oct. 11, 1979, as amended at 56 paragraph (b)(1) of this section, shall FR 64872, Dec. 12, 1991] include the number of the channel on which each station is operating. § 73.1201 Station identification. (ii) In the case of aural broadcast sta- (a) When regularly required. Broadcast tions, such announcements, in addition station identification announcements to the information required by para- shall be made: (1) At the beginning and graph (b)(1) of this section, shall in- ending of each time of operation, and clude the frequency on which each sta- (2) hourly, as close to the hour as fea- tion is operating. sible, at a natural break in program of- (d) Subscription television stations ferings. Television broadcast stations (STV). The requirements for official may make these announcements vis- station identification applicable to TV ually or aurally. stations will apply to Subscription TV (b) Content. (1) Official station identi- stations except, during STV-encoded fication shall consist of the station’s programming such station identifica- call letters immediately followed by tion is not required. However, a station the community or communities speci- identification announcement will be fied in its license as the station’s loca- made immediately prior to and fol- tion: Provided, That the name of the li- lowing the encoded Subscription TV censee or the station’s frequency or program period. channel number, or both, as stated on the station’s license may be inserted [34 FR 19762, Dec. 17, 1969, as amended at 37 FR 23726, Nov. 8, 1972; 39 FR 6707, Feb. 22, between the call letters and station lo- 1974; 39 FR 9442, Mar. 11, 1974; 41 FR 29394, cation. No other insertion is permis- July 16, 1976; 47 FR 3791, Jan. 27, 1982; 48 FR sible. 51308, Nov. 8, 1983; 56 FR 64872, Dec. 12, 1991] (2) A station may include in its official station identification the name of § 73.1202 Retention of letters received any additional community or commu- from the public. nities, but the community to which the (a) All written comments and sugges- station is licensed must be named first. tions received from the public by li- (c) Channel—(1) General. Except as censees of commercial AM, FM, and TV otherwise provided in this paragraph, broadcast stations regarding operation in making the identification announce- of their station shall be maintained in ment the call letters shall be given the local public inspection file, unless only on the channel identified thereby. the letter writer has requested that the

267

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1206 47 CFR Ch. I (10–1–99 Edition)

letter not be made public or when the (1) As used in this section, ‘‘pro- licensee feels that it should be ex- gram’’ includes any complete programs cluded from public inspection because or part thereof. of the nature of its content, such as a (2) The transmission of a program defamatory or obscene letter. from its point of origin to a broadcast (1) Letters shall be retained in the station entirely by common carrier fa- local public inspection file for three cilities, whether by wire line or radio, years from the date on which they are is not considered a rebroadcast. received by the licensee. (3) The broadcasting of a program re- (2) Letters received by TV licensees layed by a remote pickup broadcast only shall be placed in one of the fol- station is not considered a rebroadcast. lowing separated subject categories: (b) No broadcast station may re- programming or non-programming. If transmit the program, or any part comments in a letter relate to both thereof, of another U.S. broadcast sta- categories, the licensee shall file it tion without the express authority of under the category to which the writer the originating station. A copy of the has given the greater attention. written consent of the licensee origi- [44 FR 38846, July 3, 1979, as amended at 46 nating the program must be kept by FR 26247, May 11, 1981; 52 FR 25867, July 9, the licensee of the station retransmit- 1987] ting such program and made available

EFFECTIVE DATE NOTE: At 63 FR 49501, to the FCC upon request. Sept. 16, 1998, § 73.1202 was removed. This sec- (1) Stations originating emergency tion contains information collection and rec- communications under a State EAS ordkeeping requirements and will not be- plan are considered to have conferred come effective until approval has been given rebroadcast authority to other partici- by the Office of Management and Budget. pating stations. (2) Permission must be obtained from § 73.1206 Broadcast of telephone conversations. the originating station to rebroadcast 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 casting such a conversation simulta- the vertical blanking interval or in the neously with its occurrence, a licensee visual signal of a television signal. shall inform any party to the call of (3) Programs originated by the Voice the licensee’s intention to broadcast of America (VOA) and the Armed the conversation, except where such Forces Radio and Television Services party is aware, or may be presumed to (AFRTS) cannot, in general, be cleared be aware from the circumstances of the for domestic rebroadcast, and may conversation, that it is being or likely therefore be retransmitted only by spe- will be broadcast. Such awareness is cial arrangements among the parties presumed to exist only when the other concerned. party to the call is associated with the (4) Except as otherwise provided by station (such as as employee or part- international agreement, programs time reporter), or where the other originated by foreign broadcast sta- party originates the call and it is obvi- tions may be retransmitted without ous that it is in connection with a pro- the consent of the originating station. gram in which the station customarily broadcasts telephone conversations. (c) The transmissions of non-broadcast stations may be rebroadcast under [35 FR 7733, May 20, 1970] the following conditions: (1) Messages originated by privately- § 73.1207 Rebroadcasts. owned non-broadcast stations other (a) The term rebroadcast means recep- than those in the Amateur and Citizens tion by radio of the programs or other Band (CB) Radio Services may be transmissions of a broadcast or any broadcast only upon receipt of prior other type of radio station, and the si- permission from the non-broadcast li- multaneous or subsequent retrans- censee. Additionally, messages transmission of such programs or transmitted by common carrier stations missions by a broadcast station. may be rebroadcast only upon prior

268

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1207

permission of the originator of the 11 hours 25 minutes Coordinated Uni- message as well as the station 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 Citizens Band (CB) to: radio services may be rebroadcast at the discretion of broadcast station li- National Bureau of Standards, Radio Sta- tions WWV/WWVB, 2000 East County Road censees. 58, Ft. Collins, Colorado 80524. (4) Emergency communications originated 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 (iii) Identification of the Naval Ob- identification. This arrangement al- servatory as the source of the time sig- lows broadcast stations sufficient time nal must be made by an announcement, to retransmit the hour time tone and substantially as follows: ‘‘With the sig- the words ‘‘National Bureau of Stand- nal, the time will be...courtesy of ards Time’’ either by manual or auto- the U.S. Naval Observatory.’’ matic switching. (iv) Schedules of time signal broad- (viii) Time signals or scales made up casts may be obtained upon request from integration of standard frequency from the Superintendent, U.S. Naval signals broadcast from NBS stations Observatory, Washington, DC 20390. may not be designated as national (2) National Bureau of Standards Time standard scales of time or attributed to Signals. (i) Time signals for rebroadcast the NBS as originator. For example, if must be obtained by direct radio recep- a broadcasting station transmits time tion from a National Bureau of Stand- signals obtained from a studio clock ards (NBS) station. which is periodically calibrated against (ii) Use of receiving and rebroad- the NBS time signals from WWV or casting equipment must not delay the WWVH, such signals may not be an- signals by more than 0.05 second. nounced as NBS standard time or as (iii) Signals must be rebroadcast live, having been originated by the NBS. not from tape or other recording. (3) National Weather Service Messages. (iv) Voice or code announcements of (i) Messages of the National Weather the call signs of NBS stations are not Service must be rebroadcast within 1 to be rebroadcast. hour of receipt. (v) Identification of the origin of the (ii) If advertisements are given in service and the source of the signals connection with weather rebroadcast, must be made by an announcement these advertisements must not directly substantially as follows: ‘‘At the tone, or indirectly convey an endorsement

269

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1208 47 CFR Ch. I (10–1–99 Edition)

by the U.S. Government of the prod- FM broadcast licensees, subject to the ucts or services so advertised. following conditions: (iii) Credit must be given to indicate (1) All such agreements shall be re- that the rebroadcast message origi- duced to writing and retained by the li- nates with the National Weather Serv- censee for possible Commission inspec- ice. tion, in accordance with § 73.3613 of this chapter. [44 FR 36040, June 20, 1979, as amended at 45 (2) All such agreements shall specify FR 26065, Apr. 17, 1980; 48 FR 28456, June 22, that the FM licensee will monitor 1983; 50 FR 25246, June 18, 1985; 59 FR 67102, Dec. 28, 1994; 61 FR 36305, July 10, 1996] sound track material with a view to rejecting any material deemed to be in- § 73.1208 Broadcast of taped, filmed, or appropriate or objectionable for broad- recorded material. cast exposure. (3) No television or FM broadcast sta- (a) Any taped, filmed or recorded pro- tion may devote more than 15 hours gram material in which time is of spe- per week to dual-language broad- cial significance, or by which an af- casting, nor may more than three (3) firmative attempt is made to create hours of such programming be pre- the impression that it is occurring si- sented on any given day. multaneously with the broadcast, shall (4) Noncommercial educational tele- be announced at the beginning as vision broadcast stations shall take all taped, filmed or recorded. The lan- necessary precautions to assure that guage of the announcement shall be the entire operation is conducted on a clear and in terms commonly under- noncommercial basis and otherwise in stood by the public. For television sta- accordance with § 73.621 of this part. tions, the announcement may be made visually or aurally. [40 FR 17259, Apr. 18, 1975, as amended at 49 (b) Taped, filmed, or recorded an- FR 33663, Aug. 24, 1984; 50 FR 40016, Oct. 1, nouncements which are of a commer- 1985] cial, promotional or public service na- § 73.1211 Broadcast of lottery informa- ture need not be identified as taped, tion. filmed or recorded. (a) No licensee of an AM, FM, or tele- [37 FR 23726, Nov. 8, 1972] vision broadcast station, except as in paragraph (c) of this section, shall § 73.1209 References to time. broadcast any advertisement of or in- Unless specifically designated as formation concerning any lottery, gift ‘‘standard (non-advanced)’’ or ‘‘ad- enterprise, or similar scheme, offering vanced,’’ all references to time con- prizes dependent in whole or in part tained in this part, and in license docu- upon lot or chance, or any list of the ments and other authorizations issued prizes drawn or awarded by means of thereunder shall be understood to any such lottery, gift enterprise or mean local time; i.e., the time legally scheme, whether said list contains any observed in the community. part or all of such prizes. (18 U.S.C. 1304, 62 Stat. 763). [39 FR 26736, July 23, 1974] (b) The determination whether a particular program comes within the pro- § 73.1210 TV/FM dual-language broad- visions of paragraph (a) of this section casting in Puerto Rico. depends on the facts of each case. How- (a) For the purpose of this section, ever, the Commission will in any event dual-language broadcasting shall be consider that a program comes within understood to mean the telecasting of the provisions of paragraph (a) of this a program in one language with the si- section if in connection with such pro- multaneous transmission, on the main gram a prize consisting of money or channel of a participating FM broad- other thing of value is awarded to any cast station, of companion sound track person whose selection is dependent in information in a different language. whole or in part upon lot or chance, if (b) Television broadcast licensees in as a condition of winning or competing Puerto Rico may enter into dual-lan- for such prize, such winner or winners guage time purchase agreements with are required to furnish any money or

270

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1212

other thing of value or are required to § 73.1212 Sponsorship identification; have in their possession any product list retention; related requirements. sold, manufactured, furnished or dis- (a) When a broadcast station trans- tributed by a sponsor of a program mits any matter for which money, broadcast on the station in question. service, or other valuable consider- (See 21 FCC 2d 846). ation is either directly or indirectly (c) The provisions of paragraphs (a) paid or promised to, or charged or ac- and (b) of this section shall not apply cepted by such station, the station, at to an advertisement, list of prizes or the time of the broadcast, shall another information concerning: nounce: (1) A lottery conducted by a State (1) That such matter is sponsored, acting under the authority of State law paid for, or furnished, either in whole which is broadcast by a radio or tele- or in part, and vision station licensed to a location in (2) By whom or on whose behalf such that State or any other State which consideration was supplied: Provided, conducts such a lottery. (18 U.S.C. however, That ‘‘service or other valu- 1307(a); 102 Stat. 3205). able consideration’’ shall not include (2) Fishing contests exempted under any service or property furnished ei- 18 U.S. Code 1305 (not conducted for ther without or at a nominal charge for profit, i.e., all receipts fully consumed use on, or in connection with, a broad- in defraying the actual costs of oper- cast unless it is so furnished in consid- ation). eration for an identification of any per- (3) Any gaming conducted by an In- son, product, service, trademark, or dian Tribe pursuant to the Indian Gam- brand name beyond an identification ing Regulatory Act (25 U.S.C. 2701 et reasonably related to the use of such seq.) service or property on the broadcast. (4) A lottery, gift enterprise or simi- (i) For the purposes of this section, lar scheme, other than one described in the term ‘‘sponsored’’ shall be deemed paragraph (c)(1) of this section, that is to have the same meaning as ‘‘paid authorized or not otherwise prohibited for.’’ by the State in which it is conducted (ii) In the case of any television po- and which is: litical advertisement concerning can- (i) Conducted by a not-for-profit or- didates for public office, the sponsor ganization or a governmental organiza- shall be identified with letters equal to tion (18 U.S.C. 1307(a); 102 Stat. 3205); or or greater than four percent of the vertical picture height that air for not (ii) Conducted as a promotional ac- less than four seconds. tivity by a commercial organization (b) The licensee of each broadcast and is clearly occasional and ancillary station shall exercise reasonable dili- to the primary business of that organi- gence to obtain from its employees, zation. (18 U.S.C. 1307(a); 102 Stat. 3205). and from other persons with whom it (d)(1) For purposes of paragraph (c) of deals directly in connection with any this section, ‘‘lottery’’ means the pool- matter for broadcast, information to ing of proceeds derived from the sale of enable such licensee to make the an- tickets or chances and allotting those nouncement required by this section. proceeds or parts thereof by chance to (c) In any case where a report has one or more chance takers or ticket been made to a broadcast station as re- purchasers. It does not include the quired by section 507 of the Commu- placing or accepting of bets or wagers nications Act of 1934, as amended, of on sporting events or contests. circumstances which would have re- (2) For purposes of paragraph (c)(4)(i) quired an announcement under this of this section, the term ‘‘not-for-profit section had the consideration been reorganization’’ means any organization ceived by such broadcast station, an that would qualify as tax exempt under appropriate announcement shall be section 501 of the Internal Revenue made by such station. Code of 1986. (d) In the case of any political broad- [40 FR 6210, Feb. 10, 1975, as amended at 45 cast matter or any broadcast matter FR 6401, Jan. 28, 1980; 54 FR 20856, May 15, involving the discussion of a controver- 1989; 55 FR 18888, May 7, 1990] sial issue of public importance for

271

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1212 47 CFR Ch. I (10–1–99 Edition)

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 by the li- directly or indirectly, to a station as censee under § 73.3526 of this chapter. If an inducement for broadcasting such the broadcast is originated by a net- matter, an announcement shall be work, the list may, instead, be retained made both at the beginning and conclu- at the headquarters office of the net- sion of such broadcast on which such work or at the location where the orig- material or service is used that such inating station maintains its public in- film, record, transcription, talent, spection file under § 73.3526 of this script, or other material or service has chapter. Such lists shall be kept and been furnished to such station in con- made available for a period of two nection with the transmission of such years. broadcast matter: Provided, however, (f) In the case of broadcast matter That in the case of any broadcast of 5 advertising commercial products or minutes’ duration or less, only one services, an announcement stating the such announcement need be made ei- sponsor’s corporate or trade name, or ther at the beginning or conclusion of the name of the sponsor’s product, the broadcast. when it is clear that the mention of the (e) The announcement required by name of the product constitutes a this section shall, in addition to stat- sponsorship identification, shall be ing the fact that the broadcast matter deemed sufficient for the purpose of was sponsored, paid for or furnished, this section and only one such an- fully and fairly disclose the true iden- nouncement need be made at any time tity of the person or persons, or cor- during the course of the broadcast. poration, committee, association or (g) The announcement otherwise re- other unincorporated group, or other quired by section 317 of the Commu- entity by whom or on whose behalf nications Act of 1934, as amended, is such payment is made or promised, or waived with respect to the broadcast of from whom or on whose behalf such ‘‘want ad’’ or classified advertisements services or other valuable consider- sponsored by an individual. The waiver ation is received, or by whom the ma- granted in this paragraph shall not ex- terial or services referred to in para- tend to a classified advertisement or graph (d) of this section are furnished. want ad sponsorship by any form of Where an agent or other person or enti- business enterprise, corporate or other- ty contracts or otherwise makes ar- wise. Whenever sponsorship announce- rangements with a station on behalf of ments are omitted pursuant to this another, and such fact is known or by paragraph, the licensee shall observe the exercise of reasonable diligence, as the following conditions: specified in paragraph (b) of this sec- (1) Maintain a list showing the name, tion, could be known to the station, address, and (where available) the tele- the announcement shall disclose the phone number of each advertiser; identity of the person or persons or en- (2) Make this list available to mem- tity on whose behalf such agent is act- bers of the public who have a legiti- ing instead of the name of such agent. mate interest in obtaining the informa- Where the material broadcast is polit- tion contained in the list. Such list ical matter or matter involving the must be retained for a period of two discussion of a controversial issue of years after broadcast. public importance and a corporation, (h) Any announcement required by committee, association or other unin- section 317(b) of the Communications corporated group, or other entity is Act of 1934, as amended, is waived with paying for or furnishing the broadcast respect to feature motion picture film matter, the station shall, in addition produced initially and primarily for to making the announcement required theatre exhibition. by this section, require that a list of NOTE: The waiver heretofore granted by the chief executive officers or members the Commission in its Report and Order of the executive committee or of the adopted November 16, 1960 (FCC 60–1369; 40 board of directors of the corporation, F.C.C. 95), continues to apply to programs committee, association or other unin- filmed or recorded on or before June 20, 1963,

272

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1215

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 no scale division between 2 and 6 am- FR 13907, Feb. 24, 1981; 49 FR 4211, Feb. 3, peres is greater than one-thirtieth of 6 1984; 49 FR 33663, Aug. 24, 1984; 50 FR 32417, Aug. 12, 1985; 57 FR 8279, Mar. 9, 1992] amperes, 0.2 ampere.) (c) Instruments having logarithmic § 73.1213 Antenna structure, marking scales: and lighting. (1) Meet the requirements of para- (a) The provisions of part 17 of this graphs (a) (1), (2), and (3) of this section chapter (Construction, Marking, and for linear scale instruments. Lighting of Antenna Structures), re- (2) Full scale reading shall not be quires certain antenna structures to be greater than five times the minimum painted and/or lighted in accordance normal indication. with part 17. (3) No scale division above one-fifth (b) The owner of each antenna struc- full scale reading (in watts) shall be ture is responsible for ensuring that greater than one-thirtieth of the full the structure, if required, is painted scale reading. (Example: A wattmeter and/or illuminated in accordance with meeting requirement (3) having full part 17 of this chapter. In the event of scale reading of 1,500 watts is accept- default by the owner, each licensee or able for reading power from 300 to 1,500 permittee shall be responsible for en- watts, provided no scale division be- suring that the structure complies tween 300 and 1,500 watts is greater with applicable painting and lighting than one-thirtieth of 1,500 watts or 50 requirements. watts.) (d) Instruments having expanded [61 FR 4367, Feb. 6, 1996] scales: (1) Shall meet the requirements of § 73.1215 Specifications for indicating paragraphs (a) (1), (2), and (3) of this instruments. section for linear scale instruments. The following requirements and spec- (2) Full scale reading shall not be ifications shall apply to indicating in- greater than five times the minimum struments used by broadcast stations: normal indication. (a) Linear scale instruments: (3) No scale division above one-fifth (1) Length of scale shall not be less full scale reading shall be greater than than 2.3 inches (5.8 cm). one-fiftieth of the full scale reading. (2) Accuracy shall be at least 2 per- (Example: An ammeter meeting the recent of the full scale reading. quirement (1) is acceptable for indi- (3) The maximum rating of the meter cating current from 1 to 5 amperes, shall be such that it does not read off provided no division between 1 and 5 scale during modulation or normal op- amperes is greater than one-fiftieth of eration. 5 amperes, 0.1 ampere.) (4) Scale shall have at least 40 divi- (e) Digital meters, printers, or other sions. numerical readout devices may be used (5) Full scale reading shall not be in addition to or in lieu of indicating greater than five times the minimum instruments meeting the specifications normal indication. of paragraphs (a), (b), (c), and (d) of

273

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1216 47 CFR Ch. I (10–1–99 Edition)

this section. The readout of the device broadcast. Disclosure of material terms in a must include at least three digits and reasonable number of announcements is suf- must indicate the value of the param- ficient. In addition to the required broadcast eter being read to an accuracy of 2%. announcements, disclosure of the material terms may be made in a non-broadcast man- The multiplier, if any, to be applied to ner. the reading of each parameter must be indicated at the operating position. NOTE 3: This rule is not applicable to li- (f) No instrument which has been censee-conducted contests not broadcast or broken or appears to be damaged or de- advertised to the general public or to a substantial segment thereof, to contests in fective, or the accuracy of which is which the general public is not requested or questionable shall be used, until it has permitted to participate, to the commercial been checked, and if necessary repaired advertisement of non-licensee-conducted and recalibrated by the manufacturer contests, or to a contest conducted by a non- or qualified instrument repair service. broadcast division of the licensee or by a Repaired instruments shall not be used non-broadcast company related to the li- unless a certificate of calibration has censee. been provided showing that the instru- [41 FR 43152, Sept. 30, 1976] ment conforms to the manufacturer’s specifications for accuracy. § 73.1217 Broadcast hoaxes. [41 FR 36818, Sept. 1, 1976; 41 FR 43152, Sept. No licensee or permittee of any 30, 1976, as amended at 51 FR 2707, Jan. 21, broadcast station shall broadcast false 1986] information concerning a crime or a § 73.1216 Licensee-conducted contests. catastrophe if: (a) The licensee knows this informa- A licensee that broadcasts or adver- tion is false; tises information about a contest it conducts shall fully and accurately dis- (b) It is forseeable that broadcast of close the material terms of the contest, the information will cause substantial and shall conduct the contest substan- public harm, and tially as announced or advertised. No (c) Broadcast of the information does contest description shall be false, mis- in fact directly cause substantial pub- leading or deceptive with respect to lic harm. any material term. Any programming accompanied by a disclaimer will be presumed not to pose NOTE 1: For the purposes of this rule: (a) A contest is a scheme in which a prize foreseeable harm if the disclaimer is offered or awarded, based upon chance, clearly characterizes the program as a diligence, knowledge or skill, to members of fiction and is presented in a way that the public. is reasonable under the circumstances. (b) Material terms include those factors NOTE: For purposes of this rule, ‘‘public which define the operation of the contest and harm’’ must begin immediately, and cause which affect participation therein. Although direct and actual damage to property or to the material terms may vary widely depend- the health or safety of the general public, or ing upon the exact nature of the contest, diversion of law enforcement or other public they will generally include: how to enter or health and safety authorities from their du- participate; eligibility restrictions; entry ties. The public harm will be deemed foresee- deadline dates; whether prizes can be won; able if the licensee could expect with a sig- when prizes can be won; the extent, nature nificant degree of certainty that public harm and value of prizes; basis for valuation of would occur. A ‘‘crime’’ is any act or omis- prizes; time and means of selection of win- sion that makes the offender subject to ners; and/or tie-breaking procedures. criminal punishment by law. A ‘‘catas- NOTE 2: In general, the time and manner of trophe’’ is a disaster or imminent disaster disclosure of the material terms of a contest involving violent or sudden event affecting are within the licensee’s discretion. How- the public. ever, the obligation to disclose the material terms arises at the time the audience is first [57 FR 28640, June 26, 1992] told how to enter or participate and continues thereafter. The material terms should § 73.1225 Station inspections by FCC. be disclosed periodically by announcements broadcast on the station conducting the con- (a) The licensee of a broadcast sta- test, but need not be enumerated each time tion shall make the station available an announcement promoting the contest is for inspection by representatives of the

274

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1226

FCC during the station’s business cation at the request of the FCC or its hours, or at any time it is in operation. representative. Such logs or records (b) In the course of an inspection or may be removed from the licensee’s investigation, an FCC representative possession by an FCC representative may require special equipment tests, or, upon request, shall be mailed by the program tests or operation with night- licensee to the FCC by either reg- time or presunrise facilities during istered mail, return receipt requested, daytime hours pursuant to § 0.314, part or certified mail, return receipt re- 0, of the FCC rules. quested. The return receipt shall be re- (c) The following records shall be tained by the licensee as part of the made available by all broadcast sta- station records until such records or tions upon request by representatives logs are returned to the licensee. A re- of the FCC. ceipt shall be furnished when the logs (1) Equipment performance measure- or records are removed from the licens- ments required by §§ 73.1590 and 73.1690. ee’s possession by an FCC representa- (2) The written designations for chief tive and this receipt shall be retained operators and, when applicable, the by the licensee as part of the station contracts for chief operators engaged records until such records or logs are on a contract basis. returned to the licensee. When the FCC (3) Application for modification of has no further need for such records or the transmission system made pursu- logs, they shall be returned to the li- ant to § 73.1690(c). censee. The provisions of this rule shall (4) Informal statements or drawings apply solely to those station logs and depicting any transmitter modification records which are required to be main- made pursuant to § 73.1690(e). tained by the provisions of this chap- (5) Station logs and special technical ter. records. (1) Logs and records stored on micro- (d) Commercial and noncommercial film, microfiche or other data-storage AM stations must make the following systems are subject to the require- information also available upon re- ments pertaining thereto found in quest by representatives of the FCC. (1) Copy of the most recent antenna § 73.1840(b). or common-point impedance measure- (b) Where records or logs are main- ments. tained as the official records of a rec- (2) Copy of the most recent field ognized law enforcement agency and strength measurements made to estab- the removal of the records from the lish performance of directional anten- possession of the law enforcement nas required by § 73.151. agency will hinder its law enforcement (3) Copy of the partial directional an- activities, such records will not be re- tenna proofs of performance made in moved pursuant to this section if the accordance with § 73.154 and made pur- chief of the law enforcement agency suant to the following requirements: promptly certifies in writing to the (i) Section 73.68, Sampling systems FCC that removal of the logs or records for antenna monitors. will hinder law enforcement activities (ii) Section 73.69, Antenna monitors. of the agency, stating insofar as fea- (iii) Section 73.61, AM direction an- sible the basis for his decision and the tenna field strength measurements. date when it can reasonably be expected that such records will be re- [43 FR 45846, Oct. 4, 1978; 43 FR 50683, Oct. 31, leased to the FCC. 1978, as amended at 51 FR 41629, Nov. 18, 1986; 51 FR 44478, Dec. 10, 1986; 57 FR 48333, Oct. 23, (c) The following contracts, agree- 1992] ments, or understandings, which need not be filed with the FCC (per § 73.3613, § 73.1226 Availability to FCC of station Filing of contracts), must be kept at logs and records. the station and made available for in- The following shall be made available spection by any authorized representa- to any authorized representative of the tive of the FCC upon request: FCC upon request: (1) Contracts relating to the sale of (a) Station records and logs shall be broadcast time to ‘‘time brokers’’ for made available for inspection or dupli- resale.

275

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1230 47 CFR Ch. I (10–1–99 Edition)

(2) FM subchannel leasing agree- or dispatching aid and assisting in res- ments for subsidiary communications. cue operations. (3) Time sales contracts with the (c) If the Emergency Alert System same sponsor for 4 or more hours per (EAS) is activated for a national emer- day, except where the length of the gency while a Local Area or State events (such as athletic contests, musi- emergency operation is in progress, the cal programs, and special events) national level EAS operation must broadcast pursuant to the contract is take precedence. If, during the broad- not under control of the station. casting of Local Area or State emer- (4) Contracts with chief operators or gency information, the EAS codes or other engineering personnel. Attention Signal described in § 11.12 of [43 FR 45847, Oct. 4, 1978; 43 FR 50683, Oct. 31, this chapter are used, the broadcasts 1978, as amended at 45 FR 41151, June 18, 1980; are considered as being carried out 48 FR 28457, June 22, 1983] under a Local Area or State EAS plan. (d) Any emergency operation under- § 73.1230 Posting of station license. taken in accordance with this section (a) The station license and any other may be terminated by the FCC if re- instrument of station authorization quired in the public interest. shall be posted in a conspicuous place (e) Immediately upon cessation of an and in such a manner that all terms emergency during which broadcast fa- are visible at the place the licensee cilities were used for the transmission considers to be the principal control of point-to-point messages under para- point of the transmitter. graph (b) of this section, or when day- (b) Posting of the station license and time facilities were used during night- any other instruments of authorization time hours by an AM station in accord- shall be done by affixing them to the ance with paragraph (f) of this section, wall at thee posting location, or by enclosing them in a binder or folder a report in letter form shall be for- which is retained at the posting loca- warded to the FCC in Washington, DC, tion so that the documents will be setting forth the nature of the emer- readily available and easily accessible. gency, the dates and hours of the broadcasting of emergency informa- [60 FR 55480, Nov. 1, 1995] tion, and a brief description of the material carried during the emergency. A § 73.1250 Broadcasting emergency information. certification of compliance with the noncommercialization provision of (a) Emergency situations in which paragraph (f) of this section must ac- the broadcasting of information is con- company the report where daytime fa- sidered as furthering the safety of life cilities are used during nighttime and property include, but are not lim- hours by an AM station, together with ited to the following: Tornadoes, hurri- a detailed showing, under the canes, floods, tidal waves, earthquakes, provisisons of that paragraph, that no icing conditions, heavy snows, wide- spread fires, discharge of toxic gasses, other broadcast service existed or was widspread power failures, industrial ex- adequate. plosions, civil disorders and school (f) AM stations may, without further closing and changes in school bus FCC authority, use their full daytime schedules resulting from such condi- facilities during nighttime hours to tions. See also § 73.3542, Application for broadcast emergency information (ex- Emergency Authorization, for require- amples listed in paragraph (a) of this ments involving emergency situations section), when necessary to the safety not covered by this section for which of life and property, in dangerous con- prior operating authority must be re- ditions of a general nature and when quested. adequate advance warning cannot be (b) If requested by responsible public given with the facilities authorized. officials, a station may, at its discre- Because of skywave interference im- tion, and without further FCC author- pact on other stations assigned to the ity, transmit emergency point-to-point same channel, such operation may be messages for the purpose of requesting undertaken only if regular, unlimited-

276

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1350

time service, is non-existent, inad- station operating parameters is em- equate from the standpoint of cov- ployed). No prior FCC approval is re- erage, or not serving the public need. quired to operate a station in the unat- All operation under this paragraph tended mode. Regardless of which must be conducted on a noncommercial method of station operation is em- basis. Recorded music may be used to ployed, licensees must employ proce- the extent necessary to provide pro- dures which will ensure compliance gram continuity. with Part 11 of this chapter, the rules (g) Broadcasting of emergency infor- governing the Emergency Alert System mation shall be confined to the hours, (EAS). frequencies, powers and modes of operation specified in the station license, [60 FR 55481, Nov. 1, 1995] except as otherwise provided for AM stations in paragraph (f) of this sec- § 73.1350 Transmission system operation. tion. (h) Any emergency information (a) Each licensee is responsible for transmitted by a TV station in accord- maintaining and operating its broad- ance with this section shall be trans- cast station in a manner which committed both aurally and visually or plies with the technical rules set forth only visually. TV stations may use any elsewhere in this part and in accord- method of visual presentation which ance with the terms of the station au- results in a legible message conveying thorization. the essential emergency information. (b) The licensee must designate a Methods which may be used include, chief operator in accordance with but are not necessarily limited to, § 73.1870. The licensee may designate slides, electronic captioning, manual one or more technically competent per- methods (e.g., hand printing) or me- sons to adjust the transmitter oper- chanical printing processes. However, ating parameters for compliance with when an emergency operation is being the technical rules and the station au- conducted under a national, State or thorization. Local Area Emergency Alert System (1) Persons so authorized by the li- (EAS) plan, emergency information censee may make such adjustments di- shall be transmitted both aurally and rectly at the transmitter site or by visually unless only the EAS codes are using control equipment at an off-site transmitted as specified in § 11.51(b) of location. this chapter. (2) The transmitter control personnel [43 FR 45847, Oct. 4, 1978, as amended at 50 FR must have the capability to turn the 30947, July 31, 1985; 59 al methods (e.g., hand transmitter off at all times. If the per- printing) or mechanical printing processes. sonnel are at a remote location, the However, when an emergency operation is control system must provide this capa- being conducted under a national, State or bility continuously or must include an Local Area Emergency Alert System (EAS) alternate method of acquiring control plan, emergency information shall be transmitted both aurally and visually unless only that can satisfy the requirement of the EAS codes are transmitted as specified paragraph (d) of this section that oper- in § 11.51(b) of this chapter. ation be terminated within 3 minutes. [43 FR 45847, Oct. 4, 1978, as amended at 50 FR (c) The licensee must establish moni- 30947, July 31, 1985; 59 FR 67102, Dec. 28, 1994; toring procedures and schedules for the 60 FR 56000, Nov. 6, 1995] station and the indicating instruments employed must comply with § 73.1215. § 73.1300 Unattended station oper- (1) Monitoring procedures and sched- ation. ules must enable the licensee to deter- Broadcast stations may be operated mine compliance with § 73.1560 regard- as either attended (where a designated ing operating power and AM station person is responsible for the proper op- mode of operation, § 73.1570 regarding eration of the transmitting apparatus modulation levels, and, where applica- either at the transmitter site, a remote ble, § 73.1213 regarding antenna tower control point or an ATS control point) lighting, and § 73.69 regarding the pa- or unattended (where highly stable rameters of an AM directional antenna equipment or automated monitoring of system.

277

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1400 47 CFR Ch. I (10–1–99 Edition)

(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- (f) 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 (g) Whenever a transmission system by the technical rules and the station authorization are not exceeded. control point is established at a loca- (d) In the event that a broadcast station other than the main studio or tion is operating in a manner that is transmitter, a letter of notification of not in compliance with the technical that location must be sent to the FCC rules set forth elsewhere in this part or in Washington, DC, Attention: Audio the terms of the station authorization, Services Division (radio) or Video Serv- and the condition is not listed in para- ices Division (television), Mass Media graph (e) of this section, broadcast op- Bureau, within 3 days of the initial use eration must be terminated within of that point. The letter should include three hours. a list of all control points in use, for (1) Examples of conditions that re- clarity. This notification is not require termination of operation include quired if responsible station personnel excessive power or excessive modula- can be contacted at the transmitter or tion. studio site during hours of operation. (2) Additional examples for AM sta- (h) The licensee must ensure that the tions are any mode of operation not station is operated in compliance with specified by the station license for the Part 11 of this chapter, the rules gov- pertinent time of day or hours of oper- erning the Emergency Alert System ation and any condition of antenna pa- (EAS). rameters or monitoring points out of the tolerances specified elsewhere in [60 FR 55481, Nov. 1, 1995, as amended at 63 this part or by the station’s instrument FR 33877, June 22, 1998] of authorization. For these conditions, operation must be terminated within § 73.1400 Transmission system moni- three minutes unless antenna input toring and control. power is reduced sufficiently to elimi- The licensee of an AM, FM or TV sta- nate any excess radiation. tion is responsible for assuring that at (3) For AM stations using directional all times the station operates within arrays, additional procedures apply tolerances specified by applicable tech- when array operating parameters are nical rules contained in this part and at variance, monitoring points exceed in accordance with the terms of the specified limits, or authorized direc- station authorization. Any method of tional mode capability is lost. See complying with applicable tolerances § 73.62, Directional antenna system tol- is permissible. The following are typ- erances; § 73.158, Directional antenna ical methods of transmission system monitoring points; and § 73.1680(b), operation: Emergency antennas. (e) If a broadcast station is operating (a) Attended operation. (1) Attended in a manner that is not in compliance operation consists of ongoing super- with one of the following technical vision of the transmission facilities by rules, operation may continue if the a station employee or other person des- station complies with relevant alter- ignated by the licensee. Such super- native provisions in the specified rule vision may be accomplished by either: section. (i) Direct supervision and control of (1) AM directional antenna system transmission system parameters by a tolerances, see § 73.62; person at the transmitter site; or (2) AM directional antenna moni- (ii) Remote control of the trans- toring points, see § 73.158; mission system by a person at the (3) TV visual waveform, see § 73.691(b);

278

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1510

main studio or other location. The re- of the experimentation to be con- mote control system must provide suf- ducted, the nature of the experimental ficient transmission system moni- signal to be transmitted, and the pro- toring and control capability so as to posed schedule of hours and duration of ensure compliance with § 73.1350. the experimentation. Experimental au- (2) A station may also be monitored thorizations shall be posted with the and controlled by an automatic trans- station license. mission system (ATS) that is config- (c) Experimental operations are sub- ured to contact a person designated by ject to the following conditions: the licensee in the event of a technical malfunction. An automatic trans- (1) The authorized power of the sta- mission system consists of monitoring tion may not be exceeded, except as devices, control and alarm circuitry, specifically authorized for the experi- arranged so that they interact auto- mental operations. matically to operate the station’s (2) Emissions outside the authorized transmitter and maintain technical pa- bandwidth must be attenuated to the rameters within licensed values. degree required for the particular type (3) A hybrid system containing some of station. remote control and some ATS features (3) The experimental operations may is also permissible. be conducted at any time the station is (4) In the case of remote control or authorized to operate, but the min- ATS operation, not every station pa- imum required schedule of program- rameter need be monitored or con- ming for the class and type of station trolled if the licensee has good reason must be met. AM stations also may to believe that its stability is so great conduct experimental operations dur- that its monitoring and control are unnecessary. ing the experimental period (12 mid- (b) Unattended operation. Unattended night local time to local sunrise) and operation is either the absence of at additional hours if permitted by the human supervision or the substitution experimental authorization provided of automated supervision of a station’s no interference is caused to other sta- transmission system for human super- tions maintaining a regular operating vision. In the former case, equipment is schedule within such period(s). employed which is expected to operate (4) If an experimental authorization within assigned tolerances for extended permits the use of additional facilities periods of time. The latter consists of or hours of operation for experimental the use of a self-monitoring or ATS- purposes, no sponsored programs or monitored and controlled transmission commercial announcements may be system that, in lieu of contacting a transmitted during such experimen- person designated by the licensee, tation. automatically takes the station off the (5) The licensee may transmit regu- air within three hours of any technical larly scheduled programming concur- malfunction which is capable of caus- rently with the experimental trans- ing interference. mission if there is no significant im- [60 FR 55481, Nov. 1, 1995] pairment of service. (6) No charges may be made, either § 73.1510 Experimental authorizations. directly or indirectly, for the experi- (a) Licensees of broadcast stations mentation; however, normal charges may obtain experimental authoriza- may be made for regularly scheduled tions to conduct technical experimen- programming transmitted concur- tation directed toward improvement of rently with the experimental trans- the technical phases of operation and missions. service, and for such purposes may use (d) The FCC may request a report of a signal other than the normal broadcast program signal. the research, experimentation and re- (b) Experimental authorizations may sults at the conclusion of the experi- be requested by filing an informal ap- mental operation. plication with the FCC in Washington, [43 FR 32783, July 28, 1978] DC, describing the nature and purpose

279

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1515 47 CFR Ch. I (10–1–99 Edition)

§ 73.1515 Special field test authoriza- (5) The test equipment may not be tions. permanently installed, unless such in- (a) A special field test authorization stallation has been separately author- may be issued to conduct field strength ized. Mobile units are not deemed per- surveys to aid in the selection of suit- manent installations. able sites for broadcast transmission (6) Test transmitters must be oper- facilities, determine coverage areas, or ated by or under the immediate direc- to study other factors influencing tion of an operator holding a commer- broadcast signal propagation. The ap- cial radio operator license (any class, plicant for the authorization must be unless otherwise endorsed). qualified to hold a license under sec- (7) A report, containing the measure- tion 303(1)(l) of the Communications ments, their analysis and other results Act. of the survey shall be filed with the (b) Requests for authorizations to op- FCC in Washington, DC within sixty erate a transmitter under a Special (60) days following the termination of field test authorization must be in the test authorization. writing using an informal application (8) The test transmission equipment, in letter form, signed by the applicant installation and operation thereof need and including the following informa- not comply with the requirements of tion: FCC rules and standards except as (1) Purpose, duration and need for the specified in this section if the equip- survey. ment, installation and operation are (2) Frequency, transmitter output consistent with good engineering prin- powers and time of operation. ciples and practices. (3) A brief description of the test an- (d) A special field test authorization tenna system, its estimated effective may be modified or terminated by noti- radiated field and height above ground fication from the FCC if in its judg- or average terrain, and the geographic ment such action will promote the pub- coordinates of its proposed location(s). lic interest, convenience and necessity. (c) Operation under a special field test authorization is subject to the fol- [44 FR 58734, Oct. 11, 1979, as amended at 46 lowing conditions: FR 35463, July 8, 1981; 49 FR 4211, Feb. 3, 1984; (1) No objectionable interference will 49 FR 20670, May 16, 1984] result to the operation of other author- § 73.1520 Operation for tests and main- ized radio services; in this connection, tenance. the power requested shall not exceed that necessary for the purposes of the (a) Broadcast stations may be oper- test. ated for tests and maintenance of their (2) The carriers will be unmodulated transmitting systems on their assigned except for the transmission of a test- frequencies using their licensed oper- pattern on a visual TV transmitter, ating power and antennas during their and for hourly voice station identifica- authorized hours of operation without tion on aural AM, FM and TV trans- specific authorization from the FCC. mitters. (b) Licensees of AM stations may op- (3) The transmitter output power or erate for tests and maintenance during antenna input power may not exceed the hours from 12 midnight local time those specified in the test authoriza- to local sunrise, if no interference is tion and the operating power must be caused to other stations maintaining a maintained at a constant value for regular operating schedule within such each phase of the tests. period. No AM station licensed for (4) The input power to the final am- ‘‘daytime’’ or ‘‘specified hours’’ of op- plifier stage, and the AM antenna cur- eration may broadcast any regular or rent or the FM or TV transmitter out- scheduled programs during this period put power must be observed and re- of test and maintenance operation. corded at half hour intervals and at (c) Licensees of AM stations may ob- any time that the power is adjusted or tain special antenna test authoriza- changed. Copies of these records must tions, and operate under the provisions be submitted to the FCC with the re- described in § 73.157, to operate with quired report. nighttime facilities during daytime

280

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1560

hours in conducting directional an- mitter output power more than 10 tenna field strength and antenna proof watts may not exceed ±2000 Hz from the of performance measurements. assigned frequency. (2) The departure of the carrier or [43 FR 32783, July 28, 1978, as amended at 45 FR 6401, Jan. 28, 1980] center frequency of an FM station with an authorized transmitter output § 73.1530 Portable test stations [Defini- power of 10 watts or less may not ex- tion]. ceed ±3000 Hz from the assigned fre- A portable test station is one that is quency. moved from place to place for making (c) TV stations. (1) The departure of field strength and ground conductivity the visual carrier frequency of a TV station may not exceed ±1000 Hz from measurements, for selecting station the assigned visual carrier frequency. transmitter sites, and conducting other (2) The departure of the aural carrier specialized propagation tests. Portable frequency of a TV station may not ex- test stations are not normally used ceed ±1000 Hz from the actual visual while in motion, and may not be used carrier frequency plus exactly 4.5 MHz. for the transmission of programs in- (d) International broadcast stations. tended to be received by the public. The departure of the carrier frequency [43 FR 32783, July 28, 1978] of an International broadcast station may not exceed 0.0015% of the assigned § 73.1540 Carrier frequency measure- frequency on which the station is ments. transmitting. (a) The carrier frequency of each AM [44 FR 58734, Oct. 11, 1979; 44 FR 64408, Nov. 7, and FM station and the visual carrier 1979, as amended at 47 FR 13165, Mar. 29, 1982] frequency and the difference between the visual carrier and the aural carrier § 73.1560 Operating power and mode or center frequency of each TV station tolerances. shall be measured or determined as (a) AM stations. (1) Except as provided often as necessary to ensure that they for in paragraph (d) of this section, the are maintained within the prescribed antenna input power of an AM station tolerances. as determined by the procedures speci- (b) In measuring the carrier fre- fied in § 73.51 must be maintained as quency, the licensee may use any near as is practicable to the authorized method or procedure that has suffi- antenna input power and may not be cient precision to establish that the less than 90% nor more than 105% of carrier frequency is within the pre- the authorized power. scribed departure limits. (2) Whenever the transmitter of an (c) The primary standard of fre- AM station cannot be placed into the quency for radio frequency measure- specified operating mode at the time ments is the standard frequency main- required, transmissions of the station tained by the National Bureau of must be immediately terminated. How- Standards or the standard signals of ever, if the radiated field at any bear- Stations WWV, WWVB, and WWVH of ing or elevation does not exceed that the National Bureau of Standards. permitted for that time of day, oper- [43 FR 32783, July 28, 1978, as amended at 48 ation in the mode with the lesser radi- FR 44805, Sept. 30, 1983] ated field may continue under the notification procedures of paragraph (d) of § 73.1545 Carrier frequency departure this section. tolerances. (b) FM stations. Except as provided in (a) AM stations. The departure of the paragraph (d) of this section, the trans- carrier frequency for monophonic mitter output power of an FM station, transmissions or center frequency for with power output as determined by stereophonic transmissions may not the procedures specified in § 73.267, exceed ± 20 Hz from the assigned fre- which is authorized for output power quency. more than 10 watts must be maintained (b) FM stations. (1) The departure of as near as practicable to the authorized the carrier or center frequency of an transmitter output power and may not FM station with an authorized trans- be less than 90% nor more than 105% of

281

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1570 47 CFR Ch. I (10–1–99 Edition)

the authorized power. FM stations op- is consistent with good quality of erating with authorized transmitter transmission and good broadcast serv- output power of 10 watts or less, may ice, with maximum levels not to exceed operate at less than the authorized the values specified in paragraph (b). power, but not more than 105% of the Generally, the modulation should not authorized power. be less than 85% on peaks of frequent (c) TV stations. (1) Except as provided recurrence, but where lower modula- in paragraph (d) of this section, the vis- tion levels may be required to avoid ob- ual output power of a TV transmitter, jectionable loudness or to maintain the as determined by the procedures speci- dynamic range of the program mate- fied in § 73.663, must be maintained as rial, the degree of modulation may be near as is practicable to the authorized reduced to whatever level is necessary transmitter output power and may not for this purpose, even though under be less than 80% nor more than 110% of such circumstances, the level may be the authorized power. substantially less than that which pro- (2) The output power of the aural duces peaks of frequent recurrence at a transmitter shall be maintained to pro- level of 85%. vide an aural carrier ERP not to exceed (b) Maximum modulation levels must 22% of the peak authorized visual ERP. meet the following limitations: (3) The FCC may specify deviation (1) In no case shall the from the power of tolerance require- AM stations. 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 Services Division (radio) or Video Serv- the carrier by the use of subaudible ices Division (television), Mass Media tones must not be higher than nec- Bureau, not later than the 10th day of essary to effect reliable and accurate the lower power operation. In the event data transmission and may not, in any that normal power is restored within case, exceed 6%. the 30 day period, the licensee must no- (2) FM stations. The total modulation tify the FCC of the date that normal must not exceed 100 percent on peaks operation was restored. If causes be- of frequent reoccurrence referenced to yond the control of the licensee pre- 75 kHz deviation. However, stations vent restoration of the authorized providing subsidiary communications power within 30 days, a request for Spe- services using subcarriers under provi- cial Temporary Authority (see § 73.1635) sions of § 73.319 concurrently with the must be made to the FCC in Wash- broadcasting of stereophonic or ington, DC for additional time as may monophonic programs may increase be necessary. the peak modulation deviation as fol- [44 FR 58734, Oct. 11, 1979, as amended at 49 lows: 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] (ii) In no event may the modulation § 73.1570 Modulation levels: AM, FM, of the carrier exceed 110 percent (82.5 and TV aural. kHz peak deviation). (a) The percentage of modulation is (3) TV station. In no case shall the to be maintained at as high a level as total modulation of the aural carrier

282

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00282 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1610

exceed 100% on peaks of frequent recur- (b) Measurements for spurious and rence, unless some other peak modula- harmonic emissions must be made to tion level is specified in an instrument show compliance with the transmission of authorization. For monophonic system requirements of § 73.44 for AM transmissions, 100% modulation is de- stations; § 73.317 for FM stations and fined as ±25 kHz. § 73.687 for TV stations. Measurements (c) If a limiting or compression am- must be made under all conditions of plifier is employed to maintain modu- modulation expected to be encountered lation levels, precaution must be taken by the station whether transmitting so as not to substantially alter the dy- monophonic or stereophonic programs namic characteristics of programs. and providing subsidiary communications services. [44 FR 58735, Oct. 11, 1979, as amended at 47 (c) TV visual equipment performance FR 13165, Mar. 29, 1982; 49 FR 14508, Apr. 12, measurements must be made with the 1984; 49 FR 15081, Apr. 17, 1984; 49 FR 27147, July 2, 1984; 49 FR 47610, Dec. 6, 1984; 49 FR equipment adjusted for normal pro- 48312, Dec. 12, 1984; 51 FR 26251, July 22, 1986; gram operation at the transmitter an- 56 FR 64872, Dec. 12, 1991] tenna sampling port to yield the following information: § 73.1580 Transmission system inspec- (1) Field strength or voltage of the tions. lower side-band for a modulating fre- Each AM, FM, and TV station li- quency of 1.25 MHz or greater, (includ- censee or permittee must conduct peri- ing 3.58 MHz for color), and of the odic complete inspections of the trans- upper side-band for a modulating fre- mitting system and all required mon- quency of 4.75 MHz or greater. itors to ensure proper station oper- (2) Data showing that the waveform ation. of the transmitted signal conforms to that specified by the standards for TV [60 FR 55482, Nov. 1, 1995] transmissions. (3) Photographs of a test pattern § 73.1590 Equipment performance taken from a receiver or monitor con- measurements. nected to the transmitter output. (a) The licensee of each AM, FM and (4) Data showing envelope delay char- TV station, except licensees of Class D acteristics of the radiated signal. non-commercial educational FM sta- (5) Data showing the attenuation of tions authorized to operate with 10 spurious and harmonic radiation, if, watts or less output power, must make after type acceptance, any changes equipment performance measurements have been made in the transmitter or for each main 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] (6) Annually, for AM stations, with not more than 14 months between § 73.1610 Equipment tests. measurements. (a) During the process of construc- (7) When required by other provisions tion of a new broadcast station, the of the rules or the station license. permittee, after notifying the FCC in

283

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1615 47 CFR Ch. I (10–1–99 Edition)

Washington, D.C. may, without further gram service, the following procedures authority from the FCC, conduct apply: equipment tests for the purpose of (a) Licensees holding a construction making such adjustments and measure- permit for modification of directional ments as may be necessary to assure or nondirectional FM and TV or noncompliance with the terms of the con- directional AM station facilities may, struction permit, the technical provi- without specific FCC authority, for a sions of the application therefore, the period not exceeding 30 days: rules and regulations and the applica- (1) Discontinue operation, or ble engineering standards. For AM sta- (2) Operate with temporary facilities tions, equipment tests, including either to maintain, as nearly as possible, but a directional or nondirectional proof of not exceed, the size of the presently li- performance required by the construc- censed coverage area. tion permit, may be conducted during (b) Licensees of an AM station hold- daytime hours provided that the an- ing a construction permit which in- tenna system is first substantially volves directional facilities and which tuned during the experimental period. does not involve a change in operating The nondirectional proof shall be con- frequency may, without specific FCC ducted with power adjusted to 25% of authority, for a period not exceeding 30 that specified in the permit for the au- days: thorized directional facilities or, if ap- (1) Discontinue operation, or plicable, 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 or TV station is in the process of only as necessary to take proof of per- modifying existing facilities as author- formance measurements. Operating ized by a construction permit and de- power shall be promptly reduced to termines it is necessary to either dis- presently licensed level during any sig- continue operation or to operate with nificant period of time that these temporary facilities to continue pro- measurements are not being taken. No

284

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1620

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 pattern, the licensee may operate with [50 FR 30947, July 31, 1985, as amended at 61 the substantially adjusted construction FR 28767, June 6, 1996] permit pattern during the cor- § 73.1620 Program tests. responding licensed hours of directional operation with power not ex- (a) Upon completion of construction ceeding that specified for the licensed of an AM, FM or TV station in accord- pattern. ance with the terms of the construc- (c) Such operation or discontinuance tion permit, the technical provisions of of operation in accordance with the the application, the rules and regula- provisions of paragraph (a) or (b) of tions and the applicable engineering this section may begin upon notifica- standards, program tests may be con- tion to the FCC in Washington, DC. ducted in accordance with the fol- (1) Should it be necessary to continue lowing: 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 station, may begin licensee or the licensee’s representa- program tests upon notification to the tive must be sent to the FCC in Wash- FCC in Washington, DC provided that ington, DC. prior to the 30th day. within 10 days thereafter, an applica- (2) The license of a broadcasting station for a license is filed with the FCC tion that fails to transmit broadcast 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 essary to discontinue operation longer issuance of program test authority at than 30 days, an informal letter re- the full effective radiated power by the quest, signed by the licensee or the li- staff.

285

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1620 47 CFR Ch. I (10–1–99 Edition)

(3) FM licensees replacing a direc- plication to bring the station into com- tional antenna pursuant to § 73.1690 pliance the Commission’s rules and (c)(2) without changes which require a policies. construction permit (see § 73.1690(b)) (c) Unless sooner suspended or re- may immediately commence program voked, the program test authority contest operations with the new antenna tinues valid during FCC consideration at one half (50%) of the authorized ERP of the application for license, and dur- upon installation. If the directional an- ing this period further extension of the tenna replacement is an EXACT dupli- construction permit is not required. cate of the antenna being replaced (i.e., Program test authority shall be auto- same manufacturer, antenna model matically terminated by final deter- number, and measured composite pat- mination upon the application for sta- tern), program tests may commence tion license. with the new antenna at the full au- (d) All operation under program test thorized power upon installation. The authority shall be in strict compliance licensee must file a modification of li- with the rules governing broadcast sta- cense application on FCC Form 302–FM tions and in strict accordance with rep- within 10 days of commencing oper- resentations made in the application ations with the newly installed an- for license pursuant to which the tests tenna, and the license application must were authorized. contain all of the exhibits required by (e) Acceptance by the FCC of notifi- § 73.1690(c)(2). After review of the modi- cation of the station of program tests, fication-of-license application to cover or the granting of program test author- the antenna change, the Commission ity by the FCC, is not to be construed will issue a letter notifying the appli- by the permittee as approval by the cant whether program test operation FCC of the application for station li- at the full authorized power has been cense. approved for the replacement directional antenna. (f) The licensee of a UHF TV station (4) The permittee of an AM station which is not in operation on, but as- with a directional antenna system signed to, the same allocated channel must file an application for license on which a 1000 watt UHF translator sta- FCC Form 302–AM requesting program tion is authorized to use (see § 73.3516, test authority with the FCC in Wash- ‘‘Specification of facilities’’), shall no- ington, DC at least ten (10) days prior tify the licensee of the translator sta- to the date on which it desires to com- tion, in writing, at least 10 days prior mence program test operations. The to commencing or resuming operation. application must provide an AM direc- The TV station licensee shall also cer- tional antenna proof of performance, tify to the FCC in Washington, DC that containing the exhibits required by such advance notice has been given to § 73.186. After review of the application the translator station licensee. to cover the construction permit, the (g) Reports required. In their applica- Commission will issue a letter noti- tion for a license to cover a construc- fying the applicant whether program tion permit and on the first anniver- test operations may commence. Pro- sary of the commencement of program gram test operations may not com- tests, applicants for new broadcast fa- mence prior to issuance of staff ap- cilities that were granted after des- proval. ignation for a comparative hearing as a (b) The Commission reserves the result of a post designation settlement right to revoke, suspend, or modify or a decision favoring them after com- program tests by any station without parative consideration must report. right of hearing for failure to comply (1) Any deviations from comparative adequately with all terms of the con- proposals relating to integration of struction permit or the provisions of ownership and management and diver- § 73.1690(c) for a modification of license sification of the media of mass application, or in order to resolve in- communciation contained in their ap- stances of interference. The Commis- plication for a construction permit at sion may, at its discretion, also require the time such application was granted; the filing of a construction permit ap- and

286

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1650

(2) Any deviations from an active/ an initial period not to exceed 90 days passive ownership structure proposed with a limited number of extensions in their application for a construction not to exceed 90 days per extension. permit at the time such application The permittee or licensee must dem- was granted. onstrate that any further extensions (3) The reports referred to in para- requested are necessary and that all graphs (g)(1) and (2) of this section steps to resume normal operation are shall not be required in any case in being undertaken in an expeditions and which the order granting the applica- timely fashion. The license of a broad- tion relieved the applicant of the obli- casting station that fails to transmit gation to adhere to such proposals. broadcast signals for any consecutive [43 FR 32784, July 28, 1978, as amended at 45 12-month period expires as a matter of FR 6401, Jan. 28, 1980; 47 FR 28388, June 30, law at the end of that period, notwith- 1982; 49 FR 38132, Sept. 27, 1984; 56 FR 795, standing any STA or provision, term, Jan. 9, 1991; 56 FR 25639, June 5, 1991; 57 FR or condition of the license to the con- 48333, Oct. 23, 1992; 62 FR 51059, Sept. 30, 1997] trary. § 73.1635 Special temporary authoriza- (5) Certain rules specify special con- tions (STA). siderations and procedures in situations 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 operation of a broadcast facility for a notification is filed as prescribed in the limited period at a specified variance particular rules. See § 73.62, Directional from the terms of the station author- antenna system tolerances; § 73.157, An- ization or requirements of the FCC tenna testing during daytime; § 73.158, rules applicable to the particular class Directional antenna monitoring points; of station. § 73.691, Visual modulation monitoring; (1) A request for a STA should be § 73.1250, Broadcasting emergency infor- filed with FCC in Washington, DC at mation; § 73.1350, Transmission system least 10 days prior to the date of the operation; § 73.1560, Operating power proposed operation. and mode tolerances; § 73.1570, Modula- (2) The request is to be made by let- tion levels: AM, FM, and TV aural; ter and shall fully describe the pro- § 73.1615, Operation during modification posed operation and the necessity for of facilities; § 73.1680, Emergency anten- the requested STA. Such letter re- nas; and § 73.1740, Minimum operating quests shall be signed by the licensee schedule. or the licensee’s representative. (b) An STA may be modified or can- (3) A request for a STA necessitated celled by the FCC without prior notice by unforeseen equipment damage or or right to hearing. failure may be made without regard to (c) No request by an AM station for the procedural requirements of this temporary authority to extend its section (e.g. via telegram or tele- hours of operation beyond those au- phone). Any request made pursuant to thorized by its regular authorization this paragraph shall be followed by a will be accepted or granted by the FCC written confirmation request con- except in emergency situations conforming to the requirements of para- forming with the requirements of graph (a)(2) of this section. Confirma- § 73.3542, Application for Emergency tion requests shall be submitted within Authorization. See also § 73.1250, Broad- 24 hours. (See also § 73.1680 Emergency casting Emergency Information. Antennas). (4) An STA may be granted for an ini- [50 FR 30948, July 31, 1985, as amended at 58 tial period not to exceed 180 days. A FR 51250, Oct. 1, 1993; 60 FR 55482, Nov. 1, limited number of extensions of such 1995; 61 FR 28767, June 6, 1996] authorizations may be granted for additional periods not exceeding 180 days § 73.1650 International agreements. per extension. An STA necessitated by (a) The rules in this part 73, and au- technical or equipment problems, how- thorizations for which they provide, ever, may, in practice, be granted for are subject to compliance with the

287

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1660 47 CFR Ch. I (10–1–99 Edition)

international obligations and under- tractor, whose name may be obtained takings of the United States. Accord- from the FCC Consumer Assistance Of- ingly, all provisions in this part 73 are fice. subject to compliance with applicable [54 FR 39737, Sept. 28, 1989, as amended at 56 requirements, restrictions, and proce- FR 64872, Dec. 12, 1991; 60 FR 5333, Jan. 27, dures accepted by the United States 1995] that have been established by or pursuant to treaties or other international § 73.1660 Acceptability of broadcast agreements, arrangements, or under- transmitters. standings to which the United States is (a) An AM, FM or TV transmitter a signatory, including applicable an- shall be verified for compliance with nexes, protocols, resolutions, rec- the requirements of this part following ommendations and other the procedures described in part 2 of supplementing documents associated the FCC rules. with such international instruments. (b) A permittee or licensee planning (b) The United States is a signatory to modify a transmitter which has been to the following treaties and other approved by the FCC or verified for international agreements that relate, compliance must follow the require- in whole or in part, to AM, FM or TV ments contained in § 73.1690. broadcasting: (c) A transmitter which was in use (1) The following instruments of the prior to January 30, 1955, may continue International Telecommunication to be used by the licensee, and succes- Union: sors or assignees, if it continues to (i) Constitution. comply with the technical require- (ii) Convention. ments for the type of station at which (iii) Radio Regulations. it is used. (2) Regional Agreements for the (d) AM stereophonic exciter-genera- Broadcasting Service in Region 2: tors for interfacing with approved or (i) MF Broadcasting 535–1605 kHz, Rio verified AM transmitters may be cer- de Janeiro, 1981. tified upon request from any manufac- (ii) MF Broadcasting 1605–1705 kHz, turer in accordance with the proce- Rio de Janeiro, 1988. dures described in part 2 of the FCC (3) Bi-lateral Agreements between rules. Broadcast licensees may modify the United States and Canada relating their certified AM stereophonic ex- to: citer-generators in accordance with (i) AM Broadcasting. § 73.1690. (ii) FM Broadcasting. (e) Additional rules covering certifi- (iii) TV Broadcasting. cation and verification, modification of (4) Bi-lateral Agreements between authorized transmitters, and with- the United States and Mexico relating drawal of a grant of authorization are to: contained in part 2 of the FCC rules. (i) AM Broadcasting. [63 FR 36604, July 7, 1998] (ii) FM Broadcasting. (iii) TV Broadcasting. § 73.1665 Main transmitters. (5) Bi-lateral Agreement between the (a) Each AM, FM and TV broadcast United States and the Bahama Islands station must have at least one main relating to presunrise operations by transmitter which complies with the AM stations. provisions of the transmitter technical (6) North American Regional Broad- requirements for the type and class of casting Agreement (NARBA), which, station. A main transmitter is one for the United States, remains in effect which is used for regular program serv- with respect to the Dominican Repub- ice having power ratings appropriate lic and the Bahama Islands. for the authorized operating power(s). The documents listed in this paragraph (b) There is no maximum power rat- are available for inspection in the of- ing limit for FM or TV station trans- fice of the Chief, Planning and Negotia- mitters, however, the maximum rated tions Division, International Bureau, transmitter power of a main trans- FCC, Washington, DC. Copies may be mitter installed at an AM station shall purchased from the FCC Copy Con- be as follows:

288

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1675

Maximum (6) For testing, upon the request of rated trans- representatives of the FCC. Authorized power mitter power (kW) (b) Authorization to install an auxiliary transmitter for use with other 0.25, 0.5, or 1 kW ...... 1 than the main antenna or authorized 2.5 kW ...... 5 5 or 10 kW ...... 10 auxiliary antenna must be obtained by 25 or 50 kW ...... 50 filing an application for a construction permit on FCC form 301 (FCC form 340 (c) A licensee may, without further for noncommercial educational sta- authority or notification to the FCC, tions). replace an existing main transmitter (c) The following technical and oper- or install additional main trans- ating standards apply to auxiliary mitter(s) for use with the authorized transmitters: antenna if the replacement or addi- (1) The auxiliary transmitter may be tional transmitter(s) has been verified operated on only the station’s author- for compliance. Within 10 days after ized frequency and within the required commencement of regular use of the carrier frequency departure tolerance replacement or additional trans- for the type of station. mitter(s), equipment performance (2) The carrier frequency of the auxil- measurements, as prescribed for the iary transmitter must be measured as type of station are to be completed. often as necessary to ensure that it is NOTE TO PARAGRAPH (C): Pending the avail- maintained within the prescribed toler- ability of AM broadcast transmitters that ance. are approved or verified for use in the 1605– (3) When using an auxiliary trans- 1705 kHz band, transmitters that are ap- mitter, the operating power may be proved or verified for use in the 535–1605 kHz less than the authorized power but may band may be utilized in the 1605–1705 kHz not exceed the authorized power within band if it is shown that the requirements of the permitted tolerance for the type of § 73.44 have been met. Verification or FCC approval of the transmitter will supersede the station. If operation with an auxiliary applicability of this note. transmitter at reduced power continues for a period exceeding 10 days, [43 FR 53741, Nov. 17, 1978, as amended at 47 the FCC in Washington, DC must be FR 8590, Mar. 1, 1982; 47 FR 28388, June 30, notified. (See § 73.51, AM; § 73.267, FM; 1982; 49 FR 4000, Feb. 1, 1984; 51 FR 18451, May 20, 1986; 56 FR 64872, Dec. 12, 1991; 63 FR 36604, § 73.567, NCE–FM; and § 73.663, TV). July 7, 1998] (4) Normal operator requirements apply to the operation of the auxiliary § 73.1670 Auxiliary transmitters. transmitter.

(a) A licensee of a broadcast station NOTE: After January 1, 1979, new licenses may, without further authority from will not be issued nor will existing licenses the FCC, install and use with the main be renewed for auxiliary transmitters that antenna system one or more auxiliary are operated into the main antenna system. transmitters for the following pur- [43 FR 53741, Nov. 17, 1978, as amended at 44 poses: FR 22740, Apr. 17, 1979; 48 FR 36463, Aug. 11, (1) The transmission of regular pro- 1983; 48 FR 42960, Sept. 20, 1983; 48 FR 44806, grams upon failure of the main trans- Sept. 30, 1983; 50 FR 32417, Aug. 12, 1985; 51 FR mitter. 32088, Sept. 9, 1986] (2) The transmission of regular programs during maintenance or modifica- § 73.1675 Auxiliary antennas. tion of the main transmitter. (a)(1) An auxiliary antenna is one (3) Emergency broadcast system op- that is permanently installed and eration. available for use when the main an- (4) The transmission of regular pro- tenna is out of service for repairs or re- grams by an AM station authorized for placement. An auxiliary antenna may Presunrise (PSRA) and/or Postsunset be located at the same transmitter site (PSSA) operation. as the station’s main antenna or at a (5) The transmission of tests to deter- separate site. The service contour of mine the operating condition of the the auxiliary antenna may not extend auxiliary transmitter or auxiliary an- beyond the following corresponding tenna. contour for the main facility:

289

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1680 47 CFR Ch. I (10–1–99 Edition)

(i) AM stations: The 0.5 mV/m field tion of license application on Form 302- strength contours. AM. The proposed auxiliary facilities (ii) FM stations: The 1.0 mV/m field must have been previously licensed on strength contours. the same frequency as the present (iii) TV stations: The Grade B cov- main facility. The license application erage contours. must contain an exhibit to dem- (2) An application for an auxiliary onstrate compliance with § 73.1675(a). antenna for an AM station filed pursuant to paragraphs (b) or (c) of this sec- [43 FR 53741, Nov. 17, 1978, as amended at 44 tion must contain a map showing the FR 22740, Apr. 17, 1979; 45 FR 26066, Apr. 17, 0.5 mV/m field strength contours of 1980; 50 FR 13974, Apr. 9, 1985; 62 FR 51060, both the main and auxiliary facilities. Sept. 30, 1997; 63 FR 70049, Dec. 18, 1998] (b) An application for a construction § 73.1680 Emergency antennas. permit to install a new auxiliary antenna, or to make changes in an exist- (a) An emergency antenna is one that ing auxiliary antenna for which prior is erected for temporary use after the FCC authorization is required (see authorized main and auxiliary anten- § 73.1690), must be filed on FCC Form nas are damaged and cannot be used. 301 (FCC Form 340 for noncommercial (b) Prior authority from the FCC is educational stations). not required by licensees and permit- (c)(1) Where an FM or TV licensee tees to erect and commence operations proposes to use a formerly licensed using an emergency antenna to restore main facility as an auxiliary facility, program service to the public. How- or proposes to modify a presently au- ever, an informal letter request to con- thorized auxiliary facility, and no tinue operation with the emergency changes in the height of the antenna antenna must be made within 24 hours radiation center are required in excess to the FCC in Washington, DC, Atten- of the limits in § 73.1690(c)(1), the FM or tion: Audio Services Division (radio) or TV licensee may apply for the proposed Video Services Division (television), auxiliary facility by filing a modification of license application. The modi- Mass Media Bureau, within 24 hours fied auxiliary facility must operate on after commencement of its use. The re- the same channel as the licensed main quest is to include a description of the facility. An exhibit must be provided damage to the authorized antenna, a with this license application to dem- description of the emergency antenna, onstrate compliance with § 73.1675(a). and the station operating power with All FM and TV licensees may request a the emergency antenna. decrease from the authorized facility’s (1) AM stations. AM stations may use ERP in the license application. An FM a horizontal or vertical wire or a non- or TV licensee may also increase the directional vertical element of a direc- ERP of the auxiliary facility in a li- tional antenna as an emergency an- cense modification application, pro- tenna. AM stations using an emergency vided the application contains an anal- nondirectional antenna or a horizontal ysis demonstrating compliance with or vertical wire pursuant to this sec- the Commission’s radiofrequency radi- tion, in lieu or authorized directional ation guidelines, and an analysis show- facilities, shall operate with power re- ing that the auxiliary facility will duced to 25% or less of the nominal li- comply with § 73.1675(a). Auxiliary fa- censed power, or, a higher power, not cilities mounted on an AM antenna exceeding licensed power, while insur- tower must also demonstrate compli- ing that the radiated filed strength ance with § 73.1692 in the license appli- does not exceed that authorized in any cation. (2) Where an AM licensee proposes to given azimuth for the corresponding use a former licensed main facility as hours of directional operation. an auxiliary facility with an ERP less (2) FM and TV stations. FM and TV than or equal to the ERP specified on stations may erect any suitable radi- the former main license, the AM sta- ator, or use operable sections of the au- tion may apply to license the proposed thorized antenna(s) as an emergency auxiliary facility by filing a modifica- antenna.

290

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1690

(c) The FCC may prescribe the output tional antenna system. See § 73.45 and power, radiation limits, or other oper- § 73.150. ating conditions when using an emer- (5) Any decrease in the authorized gency antenna, and emergency antenna power of an AM station or the ERP of authorizations may be modified or ter- a TV station, or any decrease or in- minated in the event harmful inter- crease in the ERP of an FM commer- ference is caused to other stations or cial station, which is intended for com- services by the use of an emergency an- pliance with the multiple ownership tenna. rules in § 73.3555. (6) For FM noncommercial edu- [43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 50 FR 30948, July 31, cational stations, any of the following: 1985; 63 FR 33878, June 22, 1998] (i) Any increase in the authorized maximum ERP, whether horizontally § 73.1690 Modification of transmission or vertically polarized, for a non- systems. commercial educational FM station op- The following procedures and restric- erating on Channels 201 through 220, or tions apply to licensee modifications of a Class D FM station operating on authorized broadcast transmission sys- Channel 200. tem facilities. (ii) For those FM noncommercial (a) The following changes are prohib- educational stations on Channels 201 to ited: 220, or a Class D FM station operating (1) Those that would result in the on Channel 200, which are within the emission of signals outside of the au- separation distances specified in Table thorized channel exceeding limits pre- A of § 73.525 with respect to a Channel 6 scribed for the class of service. television station, any increase in the (2) Those that would cause the trans- horizontally or vertically polarized mission system to exceed the equip- ERP from the presently authorized ment performance measurements pre- ERP. scribed for the class of service, (AM, (iii) For those FM noncommercial § 73.44; FM, §§ 73.317, 73.319, and 73.322; educational stations on Channels 201 TV, §§ 73.682 and 73.687). through 220 which are located within (b) The following changes may be the separation distances in § 73.525 with made only after the grant of a con- respect to a Channel 6 television sta- struction permit application on FCC tion, or a Class D FM station operating Form 301 for commercial stations or on Channel 200, any decrease in the Form 340 for noncommercial edu- presently authorized horizontal effec- cational stations: tive radiated power which would elimi- (1) Any construction of a new tower nate the horizontal ERP to result in structure for broadcast purposes, ex- use of vertical ERP only. cept for replacement of an existing (iv) For those FM noncommercial tower with a new tower of identical educational stations which employ sep- height and geographic coordinates. arate antennas for the horizontal ERP (2) Any change in station geographic and the vertical ERP, mounted at dif- coordinates, including coordinate cor- ferent heights, the station may not in- rections. FM and TV directional sta- crease or decrease either the horizontal tions must also file a construction per- ERP or the vertical ERP without a mit application for any move of the an- construction permit. tenna to another tower structure lo- (7) Any increase in the authorized cated at the same coordinates. ERP of a television station, FM com- (3) Any change which would require mercial station, or noncommercial an increase along any azimuth in the educational FM station, except as pro- composite directional antenna pattern vided for in §§ 73.1690(c)(4), (c)(5), or of an FM station from the composite (c)(7), or § 73.1675(c)(1) in the case of directional antenna pattern authorized auxiliary facilities. (see § 73.316), or any increase from the (8) A commercial TV or noncommer- authorized directional antenna pattern cial educational TV station operating for a TV station (see § 73.685). on Channels 14 or Channel 69 may in- (4) Any change in the directional ra- crease its horizontally or vertically po- diation characteristics of an AM direc- larized ERP only after the grant of a

291

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1690 47 CFR Ch. I (10–1–99 Edition)

construction permit. A television sta- Form 302-FM to cover the antenna re- tion on Channels 15 through 21 within placement must contain all of the data 341 km of a cochannel land mobile opin the following sections (i) through eration, or 225 km of a first-adjacent (v). Program test operations at one channel land mobile operation, must half (50%) power may commence imme- also obtain a construction permit be- diately upon installation pursuant to fore increasing the horizontally or § 73.1620(a)(3). However, if the replace- vertically polarized ERP (see part 74, ment directional antenna is an exact § 74.709(a) and (b) for tables of urban replacement (i.e., no change in manu- areas and corresponding reference co- facturer, antenna model number, AND ordinates of potentially affected land measured composite antenna pattern), mobile operations). program test operations may com- (c) The following FM and TV station mence immediately upon installation modifications may be made without at the full authorized power. prior authorization from the Commis- (i) A measured directional antenna sion. A modification of license applica- pattern and tabulation on the antenna tion must be submitted to the Commis- manufacturer’s letterhead showing sion within 10 days of commencing pro- both the horizontally and vertically gram test operations pursuant to polarized radiation components and § 73.1620. With the exception of applica- demonstrating that neither of the com- tions filed solely pursuant to Sections ponents exceeds the authorized com- (c)(6), (c)(9), or (c)(10), the modification posite antenna pattern along any azi- of license application must contain an muth. exhibit demonstrating compliance with (ii) Contour protection stations au- the Commission’s radiofrequency radi- thorized pursuant to § 73.215 or § 73.509 ation guidelines. In addition, except for must attach a showing that the RMS applications solely filed pursuant to (root mean square) of the composite Sections (c)(6) or (c)(9), where the in- measured directional antenna pattern stallation is located within 3.2 km of is 85% or more of the RMS of the au- an AM tower or is located on an AM thorized composite antenna pattern. tower, an exhibit demonstrating com- See § 73.316(c)(9). If this requirement pliance with § 73.1692 is also required. cannot be met, the licensee may in- (1) Replacement of an clude new relative field values with the omnidirectional antenna with one of license application to reduce the au- the same or different number of an- thorized composite antenna pattern so tenna bays, provided that the height of as to bring the measured composite an- the antenna radiation center is not tenna pattern into compliance with the more than 2 meters above or 4 meters 85 percent requirement. below the authorized values. Any con- (iii) A description from the manufac- current change in ERP must comply turer as to the procedures used to with § 73.1675(c)(1), 73.1690(4), (c)(5), or measure the directional antenna pat- (c)(7). Program test operations at the tern. The antenna measurements must full authorized ERP may commence be performed with the antenna mount- immediately upon installation pursu- ed on a tower, tower section, or scale ant to § 73.1620(a)(1). model equivalent to that on which the (2) Replacement of a directional FM antenna will be permanently mounted, antenna, where the measured com- and the tower or tower section must posite directional antenna pattern does include transmission lines, ladders, not exceed the licensed composite di- conduits, other antennas, and any rectional pattern at any azimuth, other installations which may affect where no change in effective radiated the measured directional pattern. 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.

292

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1690

(3) A directional TV station on Chan- ERP pursuant to MM Docket No. 88–375 nels 2 through 13 or 22 through 68, or a by a modification of license application directional TV station on Channels 15 remain eligible to do so, provided that through 21 which is in excess of 341 km the station meets the requirements of (212 miles) from a cochannel land mo- § 73.1690 (c)(1) and is listed on one of the bile operation or in excess of 225 km Public Notices as authorized to in- (140 miles) from a first-adjacent chan- crease ERP, or by a letter from the nel land mobile operation (see Part 74, Commission’s staff authorizing the § 74.709(a) and (b) for tables of urban change. These Public Notices were re- areas and reference coordinates of po- leased on November 3, 1989; November tentially affected land mobile oper- 17, 1989; December 8, 1989; March 2, 1990; ations), may replace a directional TV and February 11, 1991. The increased antenna by a license modification ap- ERP must comply with the multiple plication, if the proposed horizontal ownership requirements of § 73.3555. theoretical directional antenna pattern Program test operations may com- does not exceed the licensed horizontal mence at full power pursuant to directional antenna pattern at any azi- § 73.1620(a)(1). muth and where no change in effective (6) FM contour protection stations radiated power will result. The modi- authorized pursuant to § 73.215 which fication of license application on Form have become fully spaced under § 73.207 302–TV must contain all of the data set may file a modification of license ap- forth in § 73.685(f). plication to delete the § 73.215 contour (4) Commercial and noncommercial protection designation with an exhibit educational FM stations operating on to demonstrate that the station is fully Channels 221 through 300 (except Class spaced in accordance with § 73.207. The D), NTSC TV stations operating on contour protection designation will be Channels 2 through 13 and 22 through removed upon grant of the license ap- 68, and TV stations operating on Chan- plication. Applications filed under this nels 15 through 21 that are in excess of rule section will be processed on a first 341 km (212 miles) from a cochannel come / first served basis with respect to land mobile operation or in excess of conflicting FM commercial minor 225 km (140 miles) from a first-adjacent change applications and modification channel land mobile operation [see Part 74, § 74.709(a) and (b) for tables of urban of license applications (including those areas and reference coordinates of po- filed pursuant to § 73.1690 (b) and (c)(6) tentially affected land mobile oper- and (c)(7)). ations], which operate (7) FM omnidirectional commercial omnidirectionally, may increase the stations, and omnidirectional non- vertically polarized effective radiated commercial educational FM stations power up to the authorized hori- operating on Channels 221 through 300 zontally polarized effective radiated (except Class D), which are not des- power in a license modification appli- ignated as contour protection stations cation. Noncommercial educational pursuant to § 73.215 and which meet the FM licensees and permittees on Chan- spacing requirements of § 73.207, may nels 201 through 220, that do not use file a license modification application separate antennas mounted at different to increase ERP to the maximum per- heights for the horizontally polarized mitted for the station class, provided ERP and the vertically polarized ERP, that any change in the height of the and are located in excess of the separa- antenna radiation center remains in tions from a Channel 6 television sta- accordance with § 73.1690(c)(1). Program tion listed in Table A of § 73.525(a)(1), test operations may commence at full may also increase the vertical ERP, up power pursuant to § 73.1620(a)(1). All of to (but not exceeding) the authorized the following conditions also must be horizontally polarized ERP via a li- met before a station may apply pursu- cense modification application. Pro- ant to this section: gram test operations may commence at (i) The station may not be a ‘‘grand- full power pursuant to § 73.1620(a)(1). fathered’’ short-spaced station author- (5) Those Class A FM commercial sta- ized pursuant to § 73.213 or short-spaced tions which were permitted to increase by a granted waiver of § 73.207;

293

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1690 47 CFR Ch. I (10–1–99 Edition)

(ii) If the station is located in or near (iii) For commercial FM stations a radio quiet zone, radio coordination only, there is no change in the author- zone, or a Commission monitoring sta- ized station class as defined in § 73.211. tion (see § 73.1030 and § 0.121(c)), the li- (iv) For commercial FM stations censee or permittee must have secured only, the power decrease is not nec- written concurrence from the affected essary to achieve compliance with the radio quiet zone, radio coordination multiple ownership rule, § 73.3555. zone, or the Commission’s Compliance (v) Commercial FM stations, non- and Information Bureau in the case of commercial educational FM stations a monitoring station, to increase effec- on Channels 221 through 300, and non- tive radiated power PRIOR to imple- commercial educational FM stations mentation. A copy of that concurrence on Channels 200 through 220 which are must be submitted with the license ap- located in excess of the distances in plication to document that concur- Table A of § 73.525 with respect to a Channel 6 TV station, may not use this rence has been received; rule to decrease the horizontally polar- (iii) The station does not require ized ERP below the value of the international coordination as the sta- vertically polarized ERP. tion does not lie within the border (vi) Noncommercial educational FM zones, or clearance has been obtained stations on Channels 201 through 220 from Canada or Mexico for the higher which are within the Table A distance power operation within the station’s separations of § 73.525, or Class D sta- specified domestic class and the stations on Channel 200, may not use the tion complies with § 73.207(b)(2) and (3) license modification process to elimi- with respect to foreign allotments and nate an authorized horizontally polar- allocations; ized component in favor of vertically (iv) The increased ERP will not cause polarized-only operation. In addition, the station to violate the multiple noncommercial educational stations ownership requirements of § 73.3555. operating on Channels 201 through 220, (8) FM commercial stations and FM or Class D stations on Channel 200, noncommercial educational stations which employ separate horizontally may decrease ERP on a modification of and vertically polarized antennas license application provided that ex- mounted at different heights, may not hibits are included to demonstrate that use the license modification process to all six of the following requirements increase or decrease either the hori- are met: zontal ERP or vertical ERP without a (i) Commercial FM stations must construction permit. continue to provide a 70 dBu principal (9) The licensee of an AM, FM, or TV commercial station may propose to community contour over the commu- change from commercial to non- nity of license, as required by commercial educational on a modifica- § 73.315(a). Noncommercial educational tion of license application, provided FM stations must continue to provide that the application contains com- a 60 dBu contour over at least a portion pleted Sections II and IV of FCC Form of the community of license. The 60 340. In addition, a noncommercial edu- and 70 dBu contours must be predicted cational AM licensee, a TV licensee on by use of the standard contour pre- a channel not reserved for noncommer- diction method in § 73.313(b), (c), and cial educational use, or an FM licensee (d). on Channels 221 to 300 (except Class D (ii) For both commercial FM and FM) on a channel not reserved for non- noncommercial educational FM sta- commercial educational use, may tions, the location of the main studio apply to change from educational to remains within the 70 dBu principal commercial via a modification of li- community contour, as required by cense application, and no exhibits are § 73.1125, or otherwise complies with required with the application. The that rule. The 70 dBu contour must be change will become effective upon predicted by use of the standard con- grant of the license application. tour prediction method in § 73.313(b), (10) Replacement of a transmission (c), and (d). line with one of a different type or

294

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1692

length which changes the transmitter shall be made, and, prior to or simulta- operating power (TPO) from the au- neously with the filing of the license thorized value, but not the ERP, must application covering the broadcast sta- be reported in a license modification tion installation, an application on application to the Commission. FCC Form 302–AM (including a tower (d) The following changes may be sketch of the installation) shall be made without authorization from the filed with the Commission for the AM FCC, however informal notification of station to return to direct power meas- the changes must be made according to urement. the rule sections specified: (b) Installations on an AM directional (1) Change in studio location within array. Prior to commencing construc- the principal community contour. See tion, the broadcast permittee or li- § 73.1125. censee shall notify the AM station so (2) Commencement of remote control that, if necessary, the AM station may operation pursuant to §§ 73.1400 and determine operating power by the indi- 73.1410. rect method (see § 73.51) and request (3) Modification of an AM directional special temporary authority pursuant antenna sampling system. See § 73.68. to § 73.1635 to operate with parameters (e) Any electrical and mechanical at variance in order to maintain moni- modification to authorized transmit- toring point field strengths within au- ting equipment that is not otherwise thorized limits. Both prior to the com- restricted by the preceding provisions mencement of construction and upon of this section, may be made without completion of construction, a partial FCC notification or authorization. proof of performance (as defined by Equipment performance measurements § 73.154) shall be conducted to establish must be made within ten days after that the AM array has not been ad- completing the modifications (See versely affected. Prior to or simulta- § 73.1590). An informal statement, dia- neously with filing of the license appli- gram, etc., describing the modification cation to cover the broadcast station must be retained at the transmitter construction, the results of the partial site for as long as the equipment is in proof of performance shall be filed with use. the Commission on Form 302–AM. [47 FR 8590, Mar. 1, 1982] (c) Tower erections or modifications within 0.8 km of an AM nondirectional EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.1690, see the List of CFR tower. Prior to commencing the con- Sections Affected in the Finding Aids sec- struction of tower modifications, or tion of this volume. the erection of a new tower, within 0.8 km of an AM nondirectional tower, the § 73.1692 Broadcast station construc- broadcast permittee or licensee is re- tion near or installation on an AM quired to notify the AM station so that broadcast tower. the AM station may commence deter- Where a broadcast licensee or per- mining operating power by the indirect mittee proposes to mount a broadcast method (see § 73.51). The broadcast li- antenna on an AM station tower, or censee or permittee shall be respon- where construction is proposed within sible for the installation and continued 0.8 km of an AM nondirectional tower maintenance of detuning apparatus or within 3.2 km of an AM directional necessary to prevent adverse effects on station, the broadcast licensee or per- the radiation pattern of the AM sta- mittee is responsible for ensuring that tion. Both prior to construction of the the construction does not adversely af- tower modifications and upon comple- fect the AM station, as follows: tion of construction, antenna imped- (a) Installations on an AM nondirec- ance measurements of the AM station tional tower. During installation of the shall be made. In addition, sufficient broadcast antenna and related equip- field strength measurements taken at a ment, the AM station shall determine minimum of 10 locations along each of operating power by the indirect meth- 8 equally spaced radials, shall be made od (see § 73.51). Upon the completion of to establish that the AM radiation pat- the installation, antenna impedance tern is essentially omnidirectional. measurements on the AM antenna Prior or simultaneously with the filing

295

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1695 47 CFR Ch. I (10–1–99 Edition)

of the application for license to cover (c) The experimentation and field this permit, the results of the imped- tests that have been made to show that ance measurements and the field the proposed change or modification strength measurements shall be filed accomplishes an improvement and is with the Commission on FCC Form 302– technically feasible; AM for the AM station to return to the (d) The effect of the proposed change direct method of power determination. or modification in the adopted stand- (d) Tower erections or modifications ards upon operation and obsolescence within 3.2 km of an AM directional sta- of receivers; tion. Prior to commencing construction of tower modifications, or the erection (1) Should a change of modification of a new tower structure, within 3.2 km in the transmission standards be adopt- of an AM directional array, the broad- ed by the FCC, the effective date there- cast permittee or licensee shall notify of will be determined in the light of the the AM station so that, if necessary, considerations mentioned in this para- the AM station may determine oper- graph (d); ating power by the indirect method (see (2) [Reserved] § 73.51) and request special temporary (e) The change in equipment required authority pursuant to § 73.1635 to oper- in existing broadcast stations for in- ate with parameters at variance in corporating the proposed change or order to maintain monitoring point modification in the adopted standards; field strengths within authorized lim- and its. The broadcast licensee or per- (f) The facts and reasons upon which mittee shall be responsible for the in- the petitioner bases the conclusion stallation and continued maintenance that the proposed change or modifica- of detuning apparatus necessary to prevent adverse effects upon the radiation tion would be in the public interest, pattern of the AM station. Both prior convenience, and necessity. to the commencement of construction [49 FR 4211, Feb. 3, 1984] and upon completion of construction, a partial proof of performance (as defined § 73.1700 Broadcast day. by § 73.154) shall be conducted to estab- The term broadcast day means that lish that the AM array has not been ad- period of time between the station’s versely affected. Prior to or simultaneously with filing of the license appli- sign-on and its sign-off. cation to cover the broadcast station [43 FR 45849, Oct. 4, 1978] construction, the results of the partial proof of performance shall be filed with § 73.1705 Time of operation. the Commission on Form 302–AM. (a) Commercial and noncommercial [62 FR 51062, Sept. 30, 1997] educational TV and commercial FM stations will be licensed for unlimited § 73.1695 Changes in transmission time operation. Application may be standards. made for voluntary share-time oper- The FCC will consider the question ation. whether a proposed change or modifica- (b) Noncommercial educational FM tion of transmission standards adopted stations will be licensed for unlimited for broadcast stations would be in the and share time operation according to public interest, convenience, and ne- the provisions of § 73.561. cessity, upon petition being filed by (c) AM stations in the 535–1705 kHz the person proposing such change or modification, setting forth the fol- band will be licensed for unlimited lowing: time. In the 535–1605 kHz band, stations (a) The exact character of the change that apply for share time and specified or modification proposed; hours operations may also be licensed. (b) The effect of the proposed change AM stations licensed to operate day- or modification upon all other trans- time-only and limited-time may con- mission standards that have been tinue to do so; however, no new such adopted by the FCC for broadcast sta- stations will be authorized, except for tions; fulltime stations that reduce operating

296

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1725

hours to daytime-only for interference writing, is signed by the licensees of reduction purposes. the stations affected thereby and filed in triplicate by each licensee with the [43 FR 45849, Oct. 4, 1978, as amended at 56 FR 64872, Dec. 12, 1991] FCC in Washington, DC prior to the time of the time of the proposed § 73.1710 Unlimited time. change. If time is of the essence, the Operation is permitted 24 hours a actual departure in operating schedule day. may precede the actual filing of written agreement, provided appropriate [43 FR 45849, Oct. 4, 1978] notice is sent to the FCC. (d) If the license of an AM station au- § 73.1715 Share time. thorized to share time does not specify Operation is permitted by two or the hours of operation, the station may more broadcast stations using the be operated for the transmission of reg- same channel in accordance with a di- ular programs during the experimental vision of hours mutually agreed upon period provided an agreement thereto and considered part of their licenses. is reached with the other stations with (a) If the licenses of stations author- which the broadcast day is shared: And ized to share time do not specify hours further provided, Such operation is not of operation, the licensees shall en- in conflict with § 73.72 (Operating dur- deavor to reach an agreement for a ing the experimental period). Time- definite schedule of periods of time to sharing agreements for operation dur- be used by each. Such agreement shall ing the experimental period need not be in writing and each licensee shall be submitted to the FCC. file it in duplicate original with each (e) Noncommercial educational FM application to the FCC in Washington, stations are authorized for share time DC for renewal of license. If and when operation according to the provisions such written agreements are properly of § 73.561. filed in conformity with this Section, the file mark of the FCC will be affixed [43 FR 45849, Oct. 4, 1978, as amended at 47 FR thereto, one copy will be retained by 40174, Sept. 13, 1982] the FCC, and one copy returned to the licensee to be posted with the station § 73.1720 Daytime. license and considered as a part there- Operation is permitted during the of. If the license specifies a propor- hours between average monthly local tionate time division, the agreement sunrise and average monthly local sun- shall maintain this proportion. If no set. proportionate time division is specified (a) The controlling times for each in the license, the licensees shall agree month of the year are stated in the sta- upon a division of time. Such division tion’s instrument of authorization. of time shall not include simultaneous Uniform sunrise and sunset times are operation of the stations unless specifi- specified for all of the days of each cally authorized by the terms of the li- month, based upon the actual times of cense. sunrise and sunset for the fifteenth day (b) If the licensees of stations author- of the month adjusted to the nearest ized to share time are unable to agree quarter hour. Sunrise and sunset times on a division of time, the FCC in Wash- are derived by using the standardized ington, DC shall be so notified by a procedure and the tables in the 1946 statement filed with the applications American Nautical Almanac issued by for renewal of licenses. Upon receipt of the United States Naval Observatory. such statement, the FCC will designate (b) [Reserved] the applications for a hearing and, pending such hearing, the operating [43 FR 45849, Oct. 4, 1978] schedule previously adhered to shall remain in full force and effect. § 73.1725 Limited time. (c) A departure from the regular (a) Operation is applicable only to schedule in a time-sharing agreement Class B (secondary) AM stations on a will be permitted only in cases where clear channel with facilities authorized an agreement to that effect is put in before November 30, 1959. Operation of

297

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1730 47 CFR Ch. I (10–1–99 Edition)

the secondary station is permitted dur- nighttime hours, the station’s author- ing daytime and until local sunset if ized nighttime facilities must be used. located west of the Class A station on (b) Other exceptions to the adherence the channel, or until local sunset at to the schedule of specified hours of op- the Class A station if located east of eration are provided in § 73.72 (Oper- that station. Operation is also per- ating during the experimental period), mitted during nighttime hours not § 73.1250 (Broadcasting emergency infor- used by the Class A station or other mation) and § 73.1740 (Minimum oper- stations on the channel. ating schedule). (b) No authorization will be granted for: [43 FR 45850, Oct. 4, 1978] (1) A new limited time station; (2) A limited time station operating § 73.1735 AM station operation pre- on a changed frequency; sunrise and post-sunset. (3) A limited time station with a new Certain classes of AM stations are el- transmitter site materially closer to igible to operate pre-sunrise and/or the 0.1 mV/m contour of a co-channel post-sunset for specified periods with U.S. Class A station; or facilities other than those specified on (4) Modification of the operating fa- their basic instruments of authoriza- cilities of a limited time station result- tion. Such pre-sunrise and post-sunset ing in increased radiation toward any operation is authorized pursuant to the point on the 0.1 mV/m contour of a co- provisions of § 73.99 of the Rules. channel U.S. Class A station during the hours after local sunset in which the [49 FR 41249, Oct. 22, 1984] limited time station is permitted to § 73.1740 Minimum operating sched- operate by reason of location east of ule. the Class A station. (c) The licensee of a secondary sta- (a) All commercial broadcast station which is authorized to operate tions are required to operate not less limited time and which may resume than the following minimum hours: operation at the time the Class A sta- (1) AM and FM stations. Two-thirds of tion (or stations) on the same channel the total hours they are authorized to ceases operation shall, with each appli- operate between 6 a.m. and 6 p.m. local cation for renewal of license, file in time and two-thirds of the total hours triplicate a copy of its regular oper- they are authorized to operate between ating schedule. It shall bear a signed 6 p.m. and midnight, local time, each notation by the licensee of the Class A day of the week except Sunday. station of its objection or lack of ob- (i) Class D stations which have been jection thereto. Upon approval of such authorized nighttime operations need operating schedule, the FCC will affix comply only with the minimum re- its file mark and return one copy to quirements for operation between 6 the licensee authorized to operate lim- a.m. and 6 p.m., local time. ited time. This shall be posted with the (2) TV stations. (i) During the first 36 station license and considered as a part months of operation, not less than 2 thereof. Departure from said operating hours daily in any 5 broadcast days per schedule will be permitted only pursu- calendar week and not less than a total ant to § 73.1715 (Share time). of: [56 FR 64872, Dec. 12, 1991] (A) 12 hours per week during the first 18 months. § 73.1730 Specified hours. (B) 16 hours per week during the 19th (a) Specified hours stations must op- through 24th months. erate in accordance with the exact (C) 20 hours per week during the 25th hours specified in their license. How- through 30th months. ever, such stations, operating on local (D) 24 hours per week during the 31st channels, unless sharing time with through 36th months. other stations, may operate at hours (ii) After 36 months of operation, not beyond those specified in their licenses less than 2 hours in each day of the to carry special events programing. week and not less than a total of 28 When such programs are carried during hours per calendar week.

298

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1800

(iii) Visual transmissions of test pat- § 73.1745 Unauthorized operation. terns, slides, or still pictures accom- (a) No broadcast station shall operate panied by unrelated aural trans- at times, or with modes or power, other missions may not be counted in com- than those specified and made a part of puting program service (see § 73.653). the license, unless otherwise provided (3) ‘‘Operation’’ includes the period in this part. during which the station is operated (b) Any unauthorized departure from pursuant to temporary authorization an operating schedule which is required or program tests, as well as during the to be filed with the FCC in Washington, license period. DC, will be considered as a violation of (4) In the event that causes beyond a material term of the license. the control of a licensee make it impossible to adhere to the operating [43 FR 45850, Oct. 4, 1978] schedule of this section or to continue § 73.1750 Discontinuance of operation. operating, the station may limit or discontinue operation for a period of not The licensee of each station shall no- more than 30 days without further au- tify by letter the FCC in Washington, thority from the FCC. Notification DC, Attention: Audio Services Division must be sent to the FCC in Wash- (radio) or Video Services Division (tele- ington, D.C. not later than the 10th day vision), Mass Media Bureau, of the per- of limited or discontinued operation. manent discontinuance of operation at least two days before operation is dis- During such period, the licensee shall continued. Immediately after discontinue to adhere to the requirements continuance of operation, the licensee in the station license pertaining to the shall forward the station license and lighting of antenna structures. In the other instruments of authorization to event normal operation is restored the FCC, Attention: Audio Services Di- prior to the expiration of the 30 day pe- vision (radio) or Video Services Divi- riod, the licensee will so notify the sion (television), Mass Media Bureau, FCC of this date. If the causes beyond for cancellation. The license of any the control of the licensee make it im- station that fails to transmit broadcast possible to comply within the allowed signals for any consecutive 12 month period, informal written request shall period expires as a matter of law at the be made to the FCC no later than the end of that period, notwithstanding 30th day for such additional time as any provision, term, or condition of the may be deemed necessary. license to the contrary. If a licensee (b) Noncommercial educational AM surrenders its license pursuant to an and TV stations are not required to op- interference reduction agreement, and erate on a regular schedule and no min- its surrender is contingent on the imum hours of operation are specified; grant of another application, the li- but the hours of actual operation dur- censee must identify in its notification ing a license period shall be taken into the contingencies involved. consideration in the renewal of noncommercial educational AM and TV [63 FR 33878, June 22, 1998] broadcast licenses. Noncommercial § 73.1800 General requirements related educational FM stations are subject to to the station log. the operating schedule requirements according to the provisions of § 73.561. (a) The licensee of each station must maintain a station log as required by (c) The license of any broadcasting § 73.1820. This log shall be kept by sta- station that fails to transmit broadcast tion employees competent to do so, signals for any consecutive 12-month having actual knowledge of the facts period expires as a matter of law at the required. All entries, whether required 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 [43 FR 45850, Oct. 4, 1978, as amended at 53 FR entry shall sign the log, thereby attest- 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] correction or addition made thereto, is

299

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1820 47 CFR Ch. I (10–1–99 Edition)

an accurate representation of what logged must be logged prior to any ad- transpired. justment of the equipment. Where ad- (b) The logs shall be kept in an or- justments are made to restore param- derly and legible manner, in suitable eters to their proper operating values, form and in such detail that the data the corrected indications must be required for the particular class of sta- logged and accompanied, if any param- tion concerned are readily available. eter deviation was beyond a prescribed Key letters or abbreviations may be tolerance, by a notation describing the used if the proper meaning or expla- nature of the corrective action. Indica- nation is contained elsewhere in the tions of all parameters whose values log. Each sheet must be numbered and are affected by the modulation of the dated. Time entries must be made in carrier must be read without modula- local time and must be indicated as ad- tion. The actual time of observation vanced (e.g., EDT) or non-advanced must be included in each log entry. The (e.g., EST) time. following information must be entered: (c) Any necessary corrections of a (1) All stations. (i) Entries required by manually kept log after it has been § 17.49 of this chapter concerning any signed in accordance with paragraph observed or otherwise known extin- (a) of this section shall be made only guishment or improper functioning of a by striking out the erroneous portion tower light: and making a corrective explanation (A) The nature of such extinguish- on the log or attachment to it. Such ment or improper functioning. corrections shall be dated and signed (B) The date and time the extinguish- by the person who kept the log or the ment or improper operation was ob- station chief operator, the station served or otherwise noted. manager or an officer of the licensee. (C) The date, time and nature of ad- (d) No automatically kept log shall justments, repairs or replacements be altered in any way after entries made. have been recorded. When automatic (ii) Any entries not specifically re- logging processes fail or malfunction, quired in this section, but required by the log must be kept manually for that the instrument of authorization or period and in accordance with the re- elsewhere in this part. quirements of this section. (iii) An entry of each test and activa- (e) No log, or portion thereof, shall be tion of the Emergency Alert System erased, obliterated or willfully de- (EAS) pursuant to the requirement of stroyed during the period in which it is part 11 of this chapter and the EAS Op- required to be retained. (Section erating Handbook. Stations may keep 73.1840, Retention of logs.) EAS data in a special EAS log which (f) Application forms for licenses and shall be maintained at a convenient lo- other authorizations may require that cation; however, this log is considered certain technical operating data be a part of the station log. supplied. These application forms (2) Directional AM stations without an should be kept in mind in connection FCC–approved antenna sampling system with the maintenance of the station (See § 73.68). (i) An entry at the begin- log. ning of operations in each mode of op- [43 FR 45850, Oct. 4, 1978, as amended at 48 FR eration, and thereafter at intervals not 38481, Aug. 24, 1983; 48 FR 44806, Sept. 30, 1983; exceeding 3 hours, of the following (ac- 49 FR 14509, Apr. 12, 1984; 49 FR 33663, Aug. 24, tual readings observed prior to making 1984; 50 FR 40016, Oct. 1, 1985] any adjustments to the equipment and an indication of any corrections to re- § 73.1820 Station log. store parameters to normal operating (a) Entries must be made in the sta- values): tion log either manually by a person (A) Common point current. 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).

300

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1840

(C) Antenna monitor phase or phase § 73.1840 Retention of logs. deviation indications. (D) Antenna monitor sample cur- (a) Any log required to be kept by rents, current ratios, or ratio deviation station licensees shall be retained by indications. them for a period of 2 years. However, (ii) Entries required by § 73.61 per- logs involving communications inci- formed in accordance with the schedule dent to a disaster or which include specified therein. communications incident to or in- (iii) Entries of the results of calibra- volved in an investigation by the FCC tion of automatic logging devices (see and about which the licensee has been paragraph (b) of this section) or indi- notified, shall be retained by the li- cating instruments (see § 73.67), when- censee until specifically authorized in ever performed. writing by the FCC to destroy them. (b) Automatic devices accurately Logs incident to or involved in any calibrated and with appropriate time, claim or complaint of which the li- date and circuit functions may be uti- censee has notice shall be retained by lized to record entries in the station the licensee until such claim or com- log Provided: plaint has been fully satisfied or until (1) The recording devices do not af- the same has been barred by statute fect the operation of circuits or accu- limiting the time for filing of suits racy of indicating instruments of the upon such claims. equipment being recorded; (2) The recording devices have an ac- (b) Logs may be retained on micro- curacy equivalent to the accuracy of film, microfiche or other data-storage the indicating instruments; systems subject to the following condi- (3) The calibration is checked against tions: the original indicators as often as nec- (1) Suitable viewing—reading devices essary to ensure recording accuracy; shall be available to permit FCC in- (4) In the event of failure or malfunc- spection of logs pursuant to § 73.1226, tioning of the automatic equipment, availability to FCC of station logs and the person designated by the licensee records. as being responsible for the log small (2) Reproduction of logs, stored on make the required entries in the log data-storage systems, to full-size cop- manually at that time; ies, is required of licensees if requested (5) The indicating equipment con- by the FCC or the public as authorized forms to the requirements of § 73.1215 by FCC rules. Such reproductions must (Indicating instruments—specifica- be completed within 2 full work days of tions) except that the scales need not the time of the request. exceed 5 cm (2 inches) in length. Arbi- (3) Corrections to logs shall be made: trary scales may not be used. (c) In preparing the station log, origi- (i) Prior to converting to a data-stor- nal data may be recorded in rough form age system pursuant to the require- and later transcribed into the log. ments of § 73.1800 (c) and (d), (§ 73.1800, General requirements relating to logs). [43 FR 45854, Oct. 4, 1978, as amended at 44 FR (ii) After converting to a data-stor- 58735, Oct. 11, 1979; 47 FR 24580, June 7, 1982; 48 FR 38481, Aug. 24, 1983; 48 FR 44806, Sept. age system, by separately making such 30, 1983; 49 FR 33603, Aug. 23, 1984; 58 FR 44951, corrections and then associating with Aug. 25, 1993; 59 FR 67102, Dec. 28, 1994; 60 FR the related data-stored logs. Such cor- 55482, Nov. 1, 1995] rections shall contain sufficient information to allow those reviewing the § 73.1835 Special technical records. logs to identify where corrections have The FCC may require a broadcast been made, and when and by whom the station licensee to keep operating and corrections were made. maintenance records as necessary to (4) Copies of any log required to be resolve conditions of actual or poten- filed with any application; or placed in tial interference, rule violations, or de- the station’s local public inspection ficient technical operation. file as part of an application; or filed [48 FR 38482, Aug. 24, 1983]

301

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1870 47 CFR Ch. I (10–1–99 Edition)

with reports to the FCC must be repro- itors, metering and control systems; duced in fullsize form when complying and any necessary repairs or adjust- with these requirements. ments where indicated. (See § 73.1580.) [45 FR 41151, June 18, 1980, as amended at 46 (2) Periodic AM field monitoring FR 13907, Feb. 24, 1981; 46 FR 18557, Mar. 25, point measurements, equipment per- 1981; 49 FR 33663, Aug. 24, 1984] formance measurements, or other tests as specified in the rules or terms of the § 73.1870 Chief operators. station license. (a) The licensee of each AM, FM, or (3) Review of the station records at TV broadcast station must designate a least once each week to determine if person to serve as the station’s chief required entries are being made cor- operator. At times when the chief oper- rectly. Additionally, verification must ator is unavailable or unable to act be made that the station has been oper- (e.g., vacations, sickness), the licensee ated as required by the rules or the sta- shall designate another person as the tion authorization. Upon completion of acting chief operator on a temporary the review, the chief operator or his basis. designee must date and sign the log, (b) Chief operators shall be employed initiate any corrective action which or serve on the following basis: may be necessary, and advise the sta- (1) The chief operator for an AM station licensee of any condition which is tion using a directional antenna or op- repetitive. erating with greater than 10 kW au- (4) Any entries which may be re- thorized power, or of a TV station is to quired in the station records. (See be an employee of the station on duty § 73.1820.) for whatever number of hours each week the station licensee determines is [46 FR 35463, July 8, 1981, as amended at 47 necessary to keep the station’s tech- FR 31580, July 21, 1982; 48 FR 38482, Aug. 24, nical operation in compliance with 1983; 48 FR 44806, Sept. 30, 1983; 49 FR 20670, FCC rules and the terms of the station May 16, 1984; 49 FR 50048, Dec. 26, 1984; 50 FR authorization. 32416, Aug. 12, 1985; 60 FR 55482, Nov. 1, 1995] (2) Chief operators for non-direc- § 73.1910 Fairness Doctrine. tional AM stations operating with authorized powers not exceeding 10 kW The Fairness Doctrine is contained in and FM stations may be either an em- section 315(a) of the Communications ployee of the station or engaged to Act of 1934, as amended, which provides serve on a contract basis for whatever that broadcasters have certain obliga- number of hours each week the licensee tions to afford reasonable opportunity determines is necessary to keep the for the discussion of conflicting views station’s technical operation in com- on issues of public importance. See pliance with the FCC rules and terms FCC public notice ‘‘Fairness Doctrine of the station authorization. and the Public Interest Standards,’’ 39 (3) The designation of the chief oper- FR 26372. Copies may be obtained from ator must be in writing with a copy of the FCC upon request. the designation posted with the station [43 FR 45856, Oct. 4, 1978] license. Agreements with chief operators serving on a contract basis must § 73.1920 Personal attacks. be in writing with a copy kept in the station files. (a) When, during the presentation of (c) The chief operator is responsible views on a controversial issue of public for completion of the following duties importance, an attack is made upon specified in this paragraph below. When the honesty, character, integrity or these duties are delegated to other per- like personal qualities of an identified sons, the chief operator shall maintain person or group, the licensee shall, supervisory oversight sufficient to within a reasonable time and in no know that each requirement has been event later than one week after the at- fulfilled in a timely and correct man- tack, transmit to the persons or group ner. attacked: (1) Inspections and calibrations of the (1) Notification of the date, time and transmission system, required mon- identification of the broadcast;

302

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00302 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1940

(2) A script or tape (or an accurate the election or within 72 hours prior to summary if a script or tape is not the day of the election, the licensee available) of the attack; and shall comply with the provisions of (3) An offer of a reasonable oppor- this paragraph sufficiently far in ad- tunity to respond over the licensee’s vance of the broadcast to enable the facilities. candidate or candidates to have a rea- (b) The provisions of paragraph (a) of sonable opportunity to prepare a re- this section shall not apply to broad- sponse and to present it in a timely cast material which falls within one or fashion. more of the following categories: (b) Inasmuch as noncommercial edu- (1) Personal attacks on foreign cational stations may not engage in groups or foreign public figures; editorializing nor may support nor op- (2) Personal attacks occurring during pose any candidate for political office uses by legally qualified candidates. (section 399, Communications Act), the (3) Personal attacks made during provisions of paragraph (a) of this sec- broadcasts not included in paragraph tion, do not apply to such stations. (b)(2) of this section and made by le- [43 FR 45856, Oct. 4, 1978, as amended at 47 FR gally qualified candidates, their au- 3791, Jan. 27, 1982; 51 FR 9965, Mar. 24, 1986] thorized spokespersons, or those associated with them in the campaign, on § 73.1940 Legally qualified candidates other such candidates, their authorized for public office. spokespersons or persons associated (a) A legally qualified candidate for with the candidates in the campaign; public office is any person who: and (1) Has publicly announced his or her (4) Bona fide newscasts, bona fide intention to run for nomination or of- news interviews, and on-the-spot cov- fice; erage of bona fide news events, includ- (2) Is qualified under the applicable ing commentary or analysis contained local, State or Federal law to hold the in the foregoing programs. office for which he or she is a can- (c) The provisions of paragraph (a) of didate; and this section shall be applicable to edi- (3) Has met the qualifications set torials of the licensee, except in the forth in either paragraph (b), (c), (d), or case of noncommercial educational sta- (e) of this section. tions since they are precluded from (b) A person seeking election to any editorializing (section 399(a), Commu- public office including that of Presi- nications Act). dent or Vice President of the United [43 FR 45856, Oct. 4, 1978, as amended at 44 FR States, or nomination for any public 45956, Aug. 6, 1979] office except that of President or Vice President, by means of a primary, gen- § 73.1930 Political editorials. eral or special election, shall be consid- (a) Where a licensee, in an editorial, ered a legally qualified candidate if, in (1) Endorses or, addition to meeting the criteria set (2) Opposes a legally qualified can- forth in paragraph (a) of this section, didate or candidates, the licensee shall, that person: with 24 hours after the editorial, trans- (1) Has qualified for a place on the mit to, respectively, ballot; or (i) The other qualified candidate or (2) Has publicly committed himself candidates for the same office or, or herself to seeking election by the (ii) The candidate opposed in the edi- write-in method and is eligible under torial, applicable law to be voted for by stick- (A) Notification of the date and the er, by writing in his or her name on the time of the editorial, ballot or by other method, and makes a (B) A script or tape of the editorial substantial showing that he or she is a and bona fide candidate for nomination or (C) An offer of reasonable oppor- office. tunity for the candidate or a spokes- (c) A person seeking election to the man of the candidate to respond over office of President or Vice President of the licensee’s facilities. Where such the United States shall, for the pur- editorials are broadcast on the day of poses of the Communications Act and

303

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1941 47 CFR Ch. I (10–1–99 Edition)

the rules in 47 CFR chapter I, be con- (f) The term ‘‘substantial showing’’ sidered legally qualified candidates of a bona fide candidacy as used in only in those States or territories (or paragraphs (b), (d) and (e) of this sec- the District of Columbia) in which they tion means evidence that the person have met the requirements set forth in claiming to be a candidate has engaged paragraphs (a) and (b) of this section: to a substantial degree in activities Except, that any such person who has commonly associated with political met the requirements set forth in para- campaigning. Such activities normally graphs (a) and (b) of this section in at would include making campaign least 10 States (or 9 and the District of speeches, distributing campaign lit- Columbia) shall be considered a legally erature, issuing press releases, main- qualified candidate for election in all taining a campaign committee, and es- States, territories, and the District of tablishing campaign headquarters Columbia for the purposes of this Act. (even though the headquarters in some (d) A person seeking nomination to instances might be the residence of the any public office, except that of Presi- candidate or his or her campaign man- dent or Vice President of the United ager). Not all of the listed activities States, by means of a convention, cau- are necessarily required in each case to cus or similar procedure, shall be con- demonstrate a substantial showing, sidered a legally qualified candidate if, and there may be activities not listed in addition to meeting the require- herein which would contribute to such ments set forth in paragraph (a) of this a showing. section, that person makes a substan- [57 FR 27708, June 22, 1992] tial showing that he or she is a bona fide candidate for such nomination: Ex- § 73.1941 Equal opportunities. cept, that no person shall be considered (a) General requirements. Except as a legally qualified candidate for nomi- otherwise indicated in § 73.1944, no sta- nation by the means set forth in this tion licensee is required to permit the paragraph prior to 90 days before the use of its facilities by any legally beginning of the convention, caucus or qualified candidate for public office, similar procedure in which he or she but if any licensee shall permit any seeks nomination. such candidate to use its facilities, it (e) A person seeking nomination for shall afford equal opportunities to all the office of President or Vice Presi- other candidates for that office to use dent of the United States shall, for the such facilities. Such licensee shall have purposes of the Communications Act no power of censorship over the mate- and the rules thereunder, be considered rial broadcast by any such candidate. a legally qualified candidate only in Appearance by a legally qualified can- those States or territories (or the Dis- didate on any: trict of Columbia) in which, in addition (1) Bona fide newscast; to meeting the requirements set forth (2) Bona fide news interview; in paragraph (a) of this section: (3) Bona fide news documentary (if (1) He or she, or proposed delegates the appearance of the candidate is inci- on his or her behalf, have qualified for dental to the presentation of the sub- the primary or Presidential preference ject or subjects covered by the news ballot in that State, territory or the documentary); or District of Columbia; or (4) On-the-spot coverage of bona fide (2) He or she has made a substantial news events (including, but not limited showing of a bona fide candidacy for to political conventions and activities such nomination in that State, terri- incidental thereto) shall not be deemed tory or the District of Columbia; ex- to be use of broadcasting station. (sec- cept, that any such person meeting the tion 315(a) of the Communications requirements set forth in paragraphs Act.) (a)(1) and (2) of this section in at least (b) Uses. As used in this section and 10 States (or 9 and the District of Co- § 73.1942, the term ‘‘use’’ means a can- lumbia) shall be considered a legally didate appearance (including by voice qualified candidate for nomination in or picture) that is not exempt under all States, territories and the District paragraphs 73.1941 (a)(1) through (a)(4) of Columbia for purposes of this Act. of this section.

304

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00304 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.1942

(c) Timing of request. A request for (i) A candidate shall be charged no equal opportunities must be submitted more per unit than the station charges to the licensee within 1 week of the day its most favored commercial adver- on which the first prior use giving rise tisers for the same classes and amounts to the right of equal opportunities oc- of time for the same periods. Any sta- curred: Provided, however, That where tion practices offered to commercial the person was not a candidate at the advertisers that enhance the value of time of such first prior use, he or she advertising spots must be disclosed and shall submit his or her request within made available to candidates on equal 1 week of the first subsequent use after terms. Such practices include but are he or she has become a legally quali- not limited to any discount privileges fied candidate for the office in ques- that affect the value of advertising, tion. such as bonus spots, time-sensitive (d) Burden of proof. A candidate re- make goods, preemption priorities, or questing equal opportunities of the li- any other factors that enhance the censee or complaining of noncompli- value of the announcement. ance to the Commission shall have the (ii) The Commission recognizes non- burden of proving that he or she and premptible, preemptible with notice, his or her opponent are legally quali- immediately preemptible and run-of- fied candidates for the same public of- schedule as distinct classes of time. fice. (iii) Stations may establish and de- (e) Discrimination between candidates. fine their own reasonable classes of im- In making time available to candidates mediately preemptible time so long as for public office, no licensee shall make the differences between such classes any discrimination between candidates are based on one or more demonstrable in practices, regulations, facilities, or benefits associated with each class and services for or in connection with the are not based solely upon price or iden- service rendered pursuant to this part, tity of the advertiser. Such demon- or make or give any preference to any strable benefits include, but are not candidate for public office or subject limited to, varying levels of preemp- any such candidate to any prejudice or tion protection, scheduling flexibility, disadvantage; nor shall any licensee or associated privileges, such as guar- make any contract or other agreement anteed time-sensitive make goods. Sta- which shall have the effect of permit- tions may not use class distinctions to ting any legally qualified candidate for defeat the purpose of the lowest unit any public office to broadcast to the charge requirement. All classes must exclusion of other legally qualified be fully disclosed and made available candidates for the same public office. to candidates. (iv) Stations may establish reason- [57 FR 208, Jan. 3, 1992, as amended at 59 FR able classes of preemptible with notice 14568, Mar. 29, 1994] time so long as they clearly define all such classes, fully disclose them and § 73.1942 Candidate rates. make available to candidates. (a) Charges for use of stations. The (v) Stations may treat non- charges, if any, made for the use of any preemptible and fixed position as dis- broadcasting station by any person tinct classes of time provided that sta- who is a legally qualified candidate for tions articulate clearly the differences 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

305

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00305 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.1942 47 CFR Ch. I (10–1–99 Edition)

any lower-priced class of time sold to (xiii) Stations must disclose and commercial advertisers. make available to candidates any (vii) [Reserved] make good policies provided to com- (viii) Lowest unit charge may be cal- mercial advertisers. If a station places culated on a weekly basis with respect a make good for any commercial adver- to time that is sold on a weekly basis, tiser or other candidate in a more valu- such as rotations through particular able program or daypart, the value of programs or dayparts. Stations elect- such make good must be included in ing to calculate the lowest unit charge the calculation of the lowest unit by such a method must include in that charge for that program or daypart. calculation all rates for all announce- (2) At any time other than the re- ments scheduled in the rotation, in- spective periods set forth in paragraph cluding announcements aired under (a)(1) of this section, stations may long-term advertising contracts. Sta- charge legally qualified candidates for tions may implement rate increases public office no more than the changes during election periods only to the ex- made for comparable use of the station tent that such increases constitute by commercial advertisers. The rates, ‘‘ordinary business practices,’’ such as if any, charged all such candidates for seasonal program changes or changes the same office shall be uniform and in audience ratings. shall not be rebated by any means, di- (ix) Stations shall review their adver- rect or indirect. A candidate shall be tising records periodically throughout charged no more than the rate the sta- the election period to determine tion would charge for comparable com- whether compliance with this section mercial advertising. All discount privi- requires that candidates receive re- leges otherwise offered by a station to bates or credits. Where necessary, sta- commercial advertisers must be dis- tions shall issue such rebates or credits closed and made available upon equal promptly. terms to all candidate for public office. (x) Unit rates charged as part of any (b) If a station permits a candidate to package, whether individually nego- use its facilities, the station shall tiated or generally available to all ad- make all discount privileges offered to vertisers, must be included in the lowest unit charge calculation for the commercial advertisers, including the same class and length of time in the lowest unit charges for each class and same time period. A candidate cannot length of time in the same time period, be required to purchase advertising in and all corresponding discount privi- every program or daypart in a package leges, available upon equal terms to all as a condition for obtaining package candidates. This duty includes an af- unit rates. firmative duty to disclose to can- (xi) Stations are not required to in- didates information about rates, terms clude non-cash promotional merchan- conditions and all value-enhancing dis- dising incentives in lowest unit charge count privileges offered to commercial calculations; provided, however, that advertisers. Stations may use reason- all such incentives must be offered to able discretion in making the disclo- candidates as part of any purchases sure; provided, however, that the dis- permitted by the licensee. Bonus spots, closure includes, at a minimum, the however, must be included in the cal- following information: culation of the lowest unit charge cal- (1) A description and definition of culation. each class of time available to com- (xii) Makes goods, defined as the re- mercial advertisers sufficiently com- scheduling of preempted advertising, plete to allow candidates to identify shall be provided to candidates prior to and understand what specific at- election day if a station has provided a tributes differentiate each class; time-sensitive make good during the (2) A description of the lowest unit year preceding the pre-election periods, charge and related privileges (such as perspectively set forth in paragraph priorities against preemption and (a)(1) of this section, to any commer- make goods prior to specific deadlines) cial advertiser who purchased time in for each class of time offered to com- the same class. mercial advertisers;

306

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.2080

(3) A description of the station’s or construction permit for willful or re- method of selling preemptible time peated failure to allow reasonable ac- based upon advertiser demand, com- cess to, or to permit purchase of, rea- monly known as the ‘‘current selling sonable amounts of time for the use of level,’’ with the stipulation that can- a broadcasting station by a legally didates will be able to purchase at qualified candidate for Federal elective these demand-generated rates in the office on behalf of his candidacy. same manner as commercial adver- (b) Weekend access. For purposes of tisers; providing reasonable access, a licensee (4) An approximation of the likeli- shall make its facilities available for hood of preemption for each kind of use by federal candidates on the week- preemptible time; and end before the election if the licensee (5) An explanation of the station’s has provided similar access to commer- sales practices, if any, that are based cial advertisers during the year pre- on audience delivery, with the stipula- ceding the relevant election period. Li- tion that candidates will be able to censees shall not discriminate between purchase this kind of time, if available candidates with regard to weekend ac- to commercial advertisers. cess. (c) Once disclosure is made, stations shall negotiate in good faith to actu- [57 FR 210, Jan. 3, 1992] ally sell time to candidates in accord- § 73.2080 Equal employment opportu- ance with the disclosure. nities. (d) This rule (§ 73.1942) shall not apply to any station licensed for non-com- (a) General EEO policy. Equal oppor- mercial operation. tunity in employment shall be afforded by all licensees or permittees of com- [57 FR 209, Jan. 3, 1992, as amended at 57 FR mercially or noncommercially oper- 27709, June 22, 1992] ated AM, FM, TV, or international § 73.1943 Political file. broadcast stations (as defined in this part) to all qualified persons, and no (a) Every licensee shall keep and per- person shall be discriminated against mit public inspection of a complete and in employment by such stations be- orderly record (political file) of all re- cause of race, color, religion, national quests for broadcast time made by or origin, or sex. on behalf of a candidate for public of- (b) EEO program. Each broadcast sta- fice, together with an appropriate no- tion shall establish, maintain, and tation showing the disposition made by carry out a positive continuing pro- the licensee of such requests, and the gram of specific practices designed to charges made, if any, if the request is ensure equal opportunity in every as- granted. The ‘‘disposition’’ includes the pect of station employment policy and schedule of time purchased, when spots practice. Under the terms of its pro- actually aired, the rates charged, and gram, a station shall: the classes of time purchased. (1) Define the responsibility of each (b) When free time is provided for use level of management to ensure a posi- by or on behalf of candidates, a record tive application and vigorous enforce- of the free time provided shall be ment of its policy of equal opportunity, placed in the political file. and establish a procedure to review and (c) All records required by this para- control managerial and supervisory graph shall be placed in the political performance; file as soon as possible and shall be re- (2) Inform its employees and recog- tained for a period of two years. As nized employee organizations of the soon as possible means immediately positive equal employment oppor- absent unusual circumstances. tunity policy and program and enlist [57 FR 210, Jan. 3, 1992] their cooperation; (3) Communicate its equal employ- § 73.1944 Reasonable access. ment opportunity policy and program (a) Section 312(a)(7) of the Commu- and its employment needs to sources of nications Act provides that the Com- qualified applicants without regard to mission may revoke any station license race, color, religion, national origin, or

307

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.2080 47 CFR Ch. I (10–1–99 Edition)

sex, and solicit their recruitment as- ation. For example, this requirement sistance on a continuing basis; may be met by: (4) Conduct a continuing program to (i) Placing employment advertise- exclude all unlawful forms of prejudice ments in media that have significant or discrimination based upon race, circulation among minorities residing color, religion, national origin, or sex and/or working in the recruiting area; from its personnel policies and prac- (ii) Recruiting through schools and tices and working conditions; and colleges, including those located in the (5) Conduct a continuing review of station’s local area, with significant job structure and employment prac- minority-group enrollments; tices and adopt positive recruitment, (iii) Contacting, both orally and in job design, and other measures needed writing, minority and human relations to ensure genuine equality of oppor- organizations, leaders, and spokesmen tunity to participate fully in all orga- and spokeswomen to encourage referral nizational units, occupations, and lev- of qualified minority or female appli- els of responsibility. cants; (c) EEO program requirements. A (iv) Encouraging current employees broadcast station’s equal employment to refer minority or female applicants; opportunity program should reason- (v) Making known to recruitment ably address itself to the specific areas sources in the employer’s immediate set forth below, to the extent possible, area that qualified minority members and to the extent that they are appro- and females are being sought for con- priate in terms of the station’s size, lo- sideration whenever you hire and that cation, etc.: all candidates will be considered on a (1) Disseminate its equal opportunity nondiscriminatory basis. program to job applicants and employ- (3) Evaluate its employment profile ees. For example, this requirement and job turnover against the avail- may be met by: ability of minorities and women in its (i) Posting notices in the station’s of- recruitment area. For example, this re- fice and other places of employment, quirement may be met by: informing employees, and applicants (i) Comparing the composition of the for employment, of their equal employ- relevant labor area with composition of ment opportunity rights. Where it is the station’s workforce; appropriate, such equal employment (ii) Where there is underrepresenta- opportunity notices should be posted in tion of either minorities and/or women, languages other than English; examining the company’s personnel (ii) Placing a notice in bold type on policies and practices to assure that the employment application informing they do not inadvertently screen out prospective employees that discrimina- any group and take appropriate action tion because of race, color, religion, where necessary. Data on representa- national origin, or sex is prohibited; tion of minorities and women in the (iii) Seeking the cooperation of labor available labor force are generally unions, if represented at the station, in available on a metropolitan statistical the implementation of its EEO pro- area (MSA) or county basis. gram and the inclusion of non-dis- (4) Undertake to offer promotions of crimination provisions in union con- qualified minorities and women in a tracts; nondiscriminatory fashion to positions (iv) Utilizing media for recruitment of greater responsibility. For example, purposes in a manner that will contain this requirement may be met by: no indication, either explicit or im- (i) Instructing those who make deci- plicit, of a preference for one sex over sions on placement and promotion that another and that can be reasonably ex- qualified minority employees and fe- pected to reach minorities and women. males are to be considered without dis- (2) Use minority organizations, orga- crimination, and that job areas in nizations for women, media, edu- which there is little or no minority or cational institutions, and other poten- female representation should be re- tial sources of minority and female ap- viewed; plicants, to supply referrals whenever (ii) Giving qualified minority and fe- job vacancies are available in its oper- male employees equal opportunity for

308

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00308 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3500

positions which lead to higher posi- Form num- Title tions. Inquiring as to the interest and ber skills of all lower paid employees with 301±A ...... Application for Authority to Operate a Broadcast respect to any of the higher paid posi- Station by Remote Control or to Make tions. Changes in a Remote Control Authorization. 302±AM ... Application for AM Broadcast Station License. (5) Analyze its efforts to recruit, hire, 302±FM .... Application for FM Broadcast Station License. and promote minorities and women and 302±TV .... Application for Television Broadcast Station Li- address any difficulties encountered in cense. 303±S Ap- implementing its equal employment plication opportunity program. For example, for Re- this requirement may be met by: newal of License (i) Avoiding use of selection tech- for AM, niques or tests that have the effect of FM, TV, discriminating against qualified minor- Trans- lator, or ity groups or females; LPTV (ii) Reviewing seniority practices to Station. ensure that such practices are non- 307 ...... Application for Extension of Broadcast Con- struction Permit or to Replace Expired Con- discriminatory; struction Permit. (iii) Examining rates of pay and 308 ...... Application for Permit to Deliver Programs to fringe benefits for employees having Foreign Broadcast Stations. 309 ...... Application for Authority to Construct or Make the same duties, and eliminating any Changes in an International or Experimental inequities based upon race or sex dis- Broadcast Station. crimination. 310 ...... Application for an International or Experimental Broadcast Station License. (d) Mid-term review for television broad- 311 ...... Application for Renewal of an International or cast stations. The Commission will con- Experimental Broadcast Station License. duct a mid-term review of the employ- 313 ...... Application for Authorization in the Auxiliary Broadcast Services. ment practices of each broadcast tele- 313±R ...... Application for Renewal of Auxiliary Broadcast vision station at two and one half License (Short Form). years following the station’s most re- 314 ...... Application for Consent to Assignment of Broad- cast Station Construction Permit or License. cent license expiration date as speci- 315 ...... Application for Consent to Transfer of Control of fied in § 73.1020. The Commission will Corporation Holding Broadcast Station Con- use the employment profile informa- struction Permit or License. tion provided on the first two Form 316 ...... Application for Consent to Assignment of Broad- cast Station Construction Permit or License or 395–B reports submitted following such Transfer of Control of Corporation Holding license expiration date to determine Broadcast Station Construction Permit or Li- whether television station’s employ- cense. 323 ...... Ownership Report. ment profiles as compared to the appli- 323±E ...... Ownership Report for Noncommercial Edu- cable labor force data, are in compli- cational Broadcast Station. ance with the Commission’s processing 330 ...... Application for authorization to construct new or criteria. Television broadcast stations make changes in Instructional TV Fixed and/ or Response Stations, or to assign or transfer which employment profiles fall below such stations. the processing criteria will receive a 330±L ...... Application for Instructional Television Fixed letter noting any necessary improve- Station License. 330±R ...... Application for Renewal of Instructional TV ments identified as a result of the re- Fixed Station and/or Response Station(s) and view. Low Power Relay Station(s) License. 340 ...... Application for Authority to Construct or Make [52 FR 26684, July 16, 1987, as amended at 58 Changes in a Noncommercial Educational FR 42249, Aug. 9, 1993] Broadcast Station. 345 ...... Application for Consent to Assignment of a TV § 73.3500 Application and report forms. or FM Translator Station Construction Permit or License. (a) Following are the FCC broadcast 346 ...... Application for Authority to Construct or Make Changes in a Low Power TV, TV Translator application and report forms, listed by or TV Booster Station. number. 347 ...... Application for a Low Power TV, TV Translator or TV Booster Station License. 349 ...... Application for Authority to Construct or Make Form num- Title ber Changes in an FM Translator or FM Booster Station. 175 ...... Application to Participate in an FCC Auction 350 ...... Application for an FM Translator or FM Booster 301 ...... Application for Authority to Construct or Make Station License. Changes in a Commercial Broadcast Station. 395±B ...... Annual Employment Report and instructions.

309

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00309 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3511 47 CFR Ch. I (10–1–99 Edition)

Subpart G of this chapter must be filed Form num- Title ber in accordance with § 0.401(b) of the 396 ...... Broadcast Equal Employment Opportunity Pro- rules.) The number of copies required gram Report. for each application is set forth in the 396±A ...... Broadcast Equal Employment Opportunity FCC Form which is to be used in filing Model Program Report. 398 ...... Children's Television Programming Report. such application. [52 FR 10231, Mar. 31, 1987] (b) Following are the FCC broadcast application and report forms, listed by § 73.3513 Signing of applications. number, that must be filed electroni- (a) Applications, amendments there- cally in accordance with the filing in- to, and related statements of fact re- structions set forth in the application quired by the FCC must be signed by and report form. the following persons: (1) Form 398, in electronic form as of (1) Individual Applicant. The appli- January 10, 1999. cant, if the applicant is an individual. [44 FR 38486, July 2, 1979 as amended at 63 FR (2) Partnership. One of the partners, if 70049, Dec. 18, 1998] the applicant is a partnership. EDITORIAL NOTE: For FEDERAL REGISTER ci- (3) Corporation. An officer, if the ap- tations affecting § 73.3500, see the List of CFR plicant is a corporation. Sections Affected in the Finding Aids sec- (4) Unincorporated Association. A tion of this volume. member who is an officer, if the appli- EFFECTIVE DATE NOTE: At 61 FR 43998, Aug. cant is an unincorporated association. 27, 1996, in § 73.3500, the table was amended by (5) Governmental Entity. Such duly adding entry ‘‘398’’ in numerical order, effec- elected or appointed officials as may be tive either Jan. 2, 1997 or after approval has competent to do so under the law of been given by the Office of Management and the applicable jurisdiction, if the appli- Budget, whichever comes later. cant is an eligible governmental enti- § 73.3511 Applications required. ty, such as a State or Territory of the 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) Only the original of applications, to signing specified herein and in amendments, or related statements of § 73.3513. fact, need be signed; copies may be con- [44 FR 38486, July 2, 1979, as amended at 47 formed. FR 40172, Sept. 13, 1982] (d) Applications, amendments, and related statements of fact need not be § 73.3512 Where to file; number of cop- submitted under oath. Willful false ies. statements made therein however, will All applications for authorizations be considered a violation of § 73.1015, required by § 73.3511 shall be filed at the are also punishable by fine and impris- FCC in Washington, DC (Applications onment, U.S. Code, Title 18, section requiring fees as set forth at Part 1, 1001, and by appropriate adminstrative

310

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 73.3517

sanctions including revocation of sta- for modification of construction permit tion license pursuant to section or license of a previously authorized 312(a)(i) of the Communications Act. broadcast station will not be accepted for filing if it is mutually exclusive [44 FR 38487, July 2, 1979, as amended at 51 FR 3069, Jan. 23, 1986] with an application for renewal of license of an existing broadcast station § 73.3514 Content of applications. unless the application for renewal of license is filed on or before May 1, 1995 (a) Each application shall include all and unless the mutually exclusive con- information called for by the par- struction permit application is ten- ticular form on which the application dered for filing by the end of the first is required to be filed, unless the infor- day of the last full calendar month of mation called for is inapplicable, in the expiring license term. A petition to which case this fact shall be indicated. deny an application for renewal of li- (b) The FCC may require an applicant cense of an existing broadcast station to submit such documents and written will be considered as timely filed if it statements of fact as in its judgment is tendered for filing by the end of the may be necessary. The FCC may also, first day of the last full calendar upon its own motion or upon motion of month of the expiring license term. any party to a proceeding, order the (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, or TV broadcast services or May 1, 1995, if the license renewal ap- low power TV service shall be limited plication is not timely filed as pre- to one frequency, or channel, and no scribed in § 73.3539, the deadline for fil- application will be accepted for filing if ing applications mutually exclusive it requests an alternate frequency or therewith is the 90th day after the FCC channel. Applications specifying split gives public notice that it has accepted frequency AM operations using one fre- the late-filed renewal application for quency during daytime hours com- filing. plemented by a different frequency (2) If any deadline falls on a non- during nighttime hours will not be ac- business day, the cutoff shall be the cepted for filing. close of business of the first full busi- (b) An application for facilities in the ness day 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] permit for a new broadcast station, the facilities for which are specified in an § 73.3517 Contingent applications. outstanding construction permit or li- Contingent applications for new sta- cense, will not be accepted for filing. tions and for changes in facilities of ex- (d) An application for facilities in the isting stations are not acceptable for International broadcast service may be filing. Contingent applications will be filed without a request for specific fre- accepted for filing under circumstances quency, as the FCC will assign fre- described below: quencies from time to time in accord- (a) Upon filing of an application for ance with §§ 73.702 and 73.711. the assignment of a license or con- (e) An application for construction struction permit, or for a transfer of permit for a new broadcast station or control of a licensee or permittee, the

311

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3518 47 CFR Ch. I (10–1–99 Edition)

proposed assignee or transferee may, grant of the second application. Each upon payment of the processing fee application must state that it is filed prescribed in Subpart G, Part 1 of this as part of a related group of applica- chapter, file applications in its own tions to make changes in facilities, name for authorization to make must cross-reference each of the re- 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 name, but fees in such cases also not NOTE 1: No application to move to a fre- refundable. quency in the 1605–1705 kHz band may be part (b) Whenever the FCC determines of any package of contingent applications associated with a voluntary agreement. that processing of any application filed pursuant to paragraph (a) of this sec- NOTE 2: In cases where no modified pro- tion, would be contrary to sound ad- posal is filed pursuant to paragraph (d) of 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 processing of such application until the as- [44 FR 38487, July 2, 1979, as amended at 45 signment or transfer has been granted FR 41152, June 18, 1980; 52 FR 5294, Feb. 20, and consummated. 1987; 53 FR 36787, Sept. 22, 1988; 56 FR 64873, (c) Upon payment of the filing fees Dec. 12, 1991; 64 FR 19501, Apr. 21, 1999] prescribed in § 1.1111 of this chapter, the Commission will accept two or § 73.3518 Inconsistent or conflicting more applications filed by existing AM applications. licensees for modification of facilities While an application is pending and that are contingent upon granting of undecided, no subsequent inconsistent both, if granting such contingent appli- or conflicting application may be filed cations will reduce interference to one by or on behalf of or for the benefit of or more AM stations or will otherwise the same applicant, successor or as- increase the area of interference-free signee. service. The applications must state that they are filed pursuant to an in- [44 FR 38487, July 2, 1979] terference reduction arrangement and § 73.3519 Repetitious applications. must cross-reference all other contingent applications. (a) Where the FCC has denied an ap- (d) Modified proposals curing con- plication for a new station or for any flicts between mutually exclusive clus- modification of services or facilities, or ters of applications filed in accordance dismissed such application with preju- with paragraphs (c) of this section will dice, no like application involving be accepted for 60 days following service of the same kind for substan- issuance of a public notice identifying tially the same area by substantially such conflicts. the same applicant, or his successor or (e) The Commission will accept up to assignee, or on behalf or for the benefit four contingently related applications of the original parties in interest, may filed by FM licensees and/or permittees be filed within 12 months from the ef- for minor modification of facilities. fective date of the FCC’s action. How- Two applications are related if the ever, applicants whose applications grant of one is necessary to permit the have been denied in a comparative

312

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3522

hearing may apply immediately for an- ning bidder or a non-mutually exclu- other available facility. sive applicant for a new station or a (b) Where an appeal has been taken major change in an existing station in from the action of the FCC in denying all broadcast services subject to com- a particular application, another appli- petitive bidding is substantially com- cation for the same class of broadcast plete, but contains any defect, omis- station and for the same area, in whole sion, or inconsistency, a deficiency let- 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 filed if it is amended by a major § 73.3521 Mutually exclusive applica- amendment. tions for low power television, television translators and television (4) Paragraph (a) of this section is booster stations. not applicable to applications for minor modifications of facilities in the When there is a pending application non-reserved FM broadcast service, nor for a new low power television, tele- to any application for a reserved band vision translator, or television booster FM station. station, or for major changes in an ex- (b) Reserved band FM and reserved isting station, no other application noncommercial educational television sta- which would be directly mutually ex- tions—(1) Predesignation amendments. clusive with the pending application Subject to the provisions of §§ 73.3525, may be filed by the same applicant or 73.3572, 73.3573 and 73.3580, mutually ex- by any applicant in which any indi- clusive broadcast applications for re- vidual in common with the pending ap- served band FM stations and television plication has any interest, direct or in- stations on a reserved channel may be direct, except that interests or less amended as a matter of right by the than 1% will not be considered. date specified (not less than 30 days [52 FR 31400, Aug. 20, 1987] after issuance) in the FCC’s Public No- tice announcing the acceptance for fil- § 73.3522 Amendment of applications. ing of the last-filed mutually exclusive (a) Broadcast services subject to com- application. Subsequent amendments petitive bidding. (1) Applicants in all prior to designation of the proceeding broadcast services subject to competi- for hearing will be considered only tive bidding will be subject to the pro- upon a showing of good cause for late visions of §§ 73.5002 and 1.2105(b) regard- filing or pursuant to § 1.65 or § 73.3514. ing the modification of their short- Unauthorized or untimely amendments form applications. are subject to return by the FCC’s staff (2) Subject to the provision of without consideration. § 73.5005, if it is determined that a long (2) Postdesignation amendments. (i) Ex- form application submitted by a win- cept as provided in paragraph (ii) of

313

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00313 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3522 47 CFR Ch. I (10–1–99 Edition)

this section, requests to amend an ap- not complete and acceptable, shall plication after it has been designated have the opportunity during the period for hearing will be considered only specified in the FCC staff’s deficiency upon written petition properly served letter to correct all deficiencies in the upon the parties of record in accord- tenderability and acceptability of the ance with § 1.47 and, where applicable, underlying application, including any compliance with the provisions of deficiency not specifically identified by § 73.3525, and will be considered only the staff. [For minimum filing require- upon a showing of good cause for late ments see § 73.3564(a). Examples of ten- filing. In the case of requests to amend der defects appear at 50 FR 19936 at the engineering proposal (other than to 19945–46 (May 13, 1985), reprinted as Ap- make changes with respect to the type pendix D, Report and Order, MM Dock- of equipment specified), good cause will et No. 91–347, 7 FCC Rcd 5074, 5083–88 be considered to have been shown only (1992). For examples of acceptance de- if, in addition to the usual good cause fects, see 49 FR 47331.] Prior to the end consideration, it is demonstrated: of the period specified in the deficiency (A) That the amendment is neces- letter, a submission seeking to correct sitated by events which the applicant a tender and/or acceptance defect in an could not reasonably have foreseen application meeting minimum filing (e.g., notification of a new foreign sta- requirements will be treated as an tion or loss of transmitter site by con- amendment for good cause if it would demnation); and successfully and directly correct the (B) That the amendment does not re- defect. Other amendments submitted quire an enlargement of issues or the prior to grant will be considered only addition of new parties to the pro- upon a showing of good cause for late ceeding. filing or pursuant to § 1.65 or § 73.3514. (ii) In comparative broadcast cases (3) Unauthorized or untimely amend- (including comparative renewal pro- ments are subject to return by the ceedings), amendments relating to Commission without consideration. issues first raised in the designation However, an amendment to a non-re- order may be filed as a matter of right served band application will not be ac- within 30 days after that Order or a cepted if the effect of such amendment summary thereof is published in the is to alter the proposed facility’s coverage area so as to produce a conflict FEDERAL REGISTER, or by a date certain to be specified in the Order. with an applicant who files subsequent (iii) Notwithstanding the provisions to the initial applicant but prior to the of paragraphs (b)(2)(i) and (b)(2)(ii) of amendment application. Similarly, an this section, and subject to compliance applicant subject to ‘‘first come/first with the provisions of § 73.3525, a peti- serve’’ processing will not be permitted tion for leave to amend may be grant- to amend its application and retain filed, provided it is requested that the ap- ing priority if the result of such plication as amended be removed from amendment is to alter the facility’s the hearing docket and returned to the coverage area so as to produce a con- processing line. (c) Minor modifica- flict with an applicant which files sub- tions of facilities in the non-reserved sequent to the initial applicant but FM broadcast service. prior to the amendment. (1) Subject to the provisions of NOTE 1 TO § 73.3522: When two or more §§ 73.3525, 73.3573, and 73.3580, for a pe- broadcast applications are tendered for filing riod of 30 days following the FCC’s which are mutually exclusive with each issuance of a Public Notice announcing other but not in conflict with any previously the tender of an application for minor filed applications which have been accepted for filing, the FCC, where appropriate, will modification of a non-reserved band announce acceptance of the earliest tendered FM station, (other than Class D sta- application and place the later filed applications), minor amendments may be filed tion or applications on a subsequent public as a matter of right. notice of acceptance for filing in order to es- (2) For applications received on or tablish a deadline for the filing of amend- after August 7, 1992, an applicant whose ments as a matter of right for all applicants application is found to meet minimum in the group. filing requirements, but nevertheless is [63 FR 48623, Sept. 11, 1998]

314

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00314 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3523

§ 73.3523 Dismissal of applications in written agreement related to the dis- renewal proceedings. missal or withdrawal, and an affidavit (a) An applicant for construction per- setting forth: mit, that has filed an application that (1) A certification that neither the is mutually exclusive with an applica- applicant nor its principals has re- tion for renewal of a license of an AM, ceived or will receive any money or FM or television station (hereinafter other consideration in excess of the le- competing applicant’’) filed on or be- gitimate and prudent expenses of the fore May 1, 1995, and seeks to dismiss applicant; or withdraw its application and there- (2) The exact nature and amount of by remove a conflict between applica- any consideration paid or promised; tions pending before the Commission, (3) An itemized accounting of the ex- must obtain the approval of the Com- penses for which it seeks reimburse- mission. ment; (b) If a competing applicant seeks to (4) A statement that its application dismiss or withdraw its application was not filed for the purpose of reach- prior to the Initial Decision stage of ing or carrying out an agreement with the hearing on its application, it must any other applicant regarding the dis- submit to the Commission a request for missal or withdrawal of its application; approval of the dismissal or withdrawal and of its application, a copy of any writ- (5) The terms of any oral agreement ten agreement related to the dismissal relating to the dismissal or withdrawal or withdrawal of its application, and an of its application. affidavit setting forth: In addition, within 5 days of the appli- (1) A certification that neither the cant’s request for approval, each re- applicant nor its principals has remaining party to any written or oral ceived or will receive any money or agreement must submit an affidavit other consideration in exchange for setting forth: dismissing or withdrawing its applica- (6) A certification that neither the tion; applicant nor its principals has paid or (2) A statement that its application will pay money or other consideration was not filed for the purpose of reach- in excess of the legitimate and prudent ing or carrying out an agreement with expenses of the withdrawing applicant any other applicant regarding the dis- in exchange for the dismissal or with- missal or withdrawal of its application; drawal of the application; and and (7) The terms of any oral agreement (3) The terms of any oral agreement relating the dismissal or withdrawal of relating to the dismissal or withdrawal the application. of its 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.

315

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00315 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3525 47 CFR Ch. I (10–1–99 Edition)

(4) ‘‘Other consideration’’ consists of an agreement is made to procure the financial concessions, including but withdrawal (by amendment to specify a not limited to the transfer of assets or different community or by dismissal 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 (2) Upon release of such order, any with the FCC a joint request for ap- party proposing to withdraw its appli- proval of such agreement. The joint re- cation shall cause to be published a no- quest shall be accompanied by a copy tice of such proposed withdrawal at of the agreement, including any ancil- least twice a week for 2 consecutive lary agreements, and an affidavit of weeks within the 3-week period imme- each party to the agreement setting diately following release of the FCC’s forth: order, in a daily newspaper of general (1) The reasons why it is considered circulation published in the commu- that such agreement is in the public in- nity in which it was proposed to locate terest; the station. However, if there is no (2) A statement that its application such daily newspaper published in the was not filed for the purpose of reach- community, the notice shall be pub- ing or carrying out such agreement; lished as follows: (3) A certification that neither the (i) If one or more weekly newspapers applicant nor its principals has re- of general circulation are published in ceived any money or other consider- the community in which the station ation in excess of the legitimate and was proposed to be located, notice shall prudent expenses of the applicant; Pro- be published in such a weekly news- vided That this provision shall not paper once a week for 3 consecutive apply to bona fide merger agreements; weeks within the 4-week period imme- (4) The exact nature and amount of diately following the release of the any consideration paid or promised; FCC’s order. (5) An itemized accounting of the ex- (ii) If no weekly newspaper of general penses for which it seeks reimburse- circulation is published in the commu- ment; and nity in which the station was proposed (6) The terms of any oral agreement to be located, notice shall be published relating to the dismissal or withdrawal at least twice a week for 2 consecutive of its application. weeks within the 3-week period imme- (b) Whenever two or more conflicting diately following the release of the applications for construction permits FCC’s order in the daily newspaper for broadcast stations pending before having the greatest general circulation the FCC involve a determination of in the community in which the station fair, efficient and equitable distribu- was proposed to be located. tion of service pursuant to section (3) The notice shall state the name of 307(b) of the Communications Act, and the applicant; the location, frequency

316

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00316 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3525

and power of the facilities proposed in designated for hearing, any such new 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 shall take place. (c), or a request for dismissal pursuant (4) Such notice shall additionally in- to §§ 73.3568 (b)(1) and (c), which would clude a statement that new applica- remove 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

317

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00317 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3526 47 CFR Ch. I (10–1–99 Edition)

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

318

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00318 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3526

for printing or machine reproduction documents obtained from the assignor upon request made in person. The ap- for the period required under these plicant, permittee, or licensee may rules. specify the location for printing or re- (2) In cases involving applications for production, require the requesting consent to transfer of control of a per- party to pay the reasonable cost there- mittee or licensee of a broadcast sta- of, and may require guarantee of pay- tion, the file mentioned in paragraph ment in advance (e.g., by requiring a (a) of this section shall be maintained deposit, obtaining credit card informa- by the permittee or licensee. tion, or any other reasonable method). (e) Contents of the file. The material Requests for copies shall be fulfilled to be retained in the public inspection within a reasonable period of time, file is as follows: which generally should not exceed 7 (1) Authorization. A copy of the cur- days. rent FCC authorization to construct or (2) The applicant, permittee, or li- operate the station, as well as any censee who maintains its main studio other documents necessary to reflect and public file outside its community any modifications thereto or any con- of license shall: ditions that the FCC has placed on the (i) Make available to persons within authorization. These materials shall be its geographic service area, by mail retained until replaced by a new au- upon telephone request, photocopies of thorization, at which time a copy of documents in the file (see the new authorization and any related § 73.3526(c)(1)), excluding the political materials shall be placed in the file. file (see § 73.3526(e)(6)), and the station (2) Applications and related materials. shall pay postage; A copy of any application tendered for (ii) Mail the most recent version of filing with the FCC, together with all ‘‘The Public and Broadcasting’’ to any related material, and copies of Initial member of the public that requests a Decisions and Final Decisions in hear- copy; and ing cases pertaining thereto. If peti- (iii) Be prepared to assist members of tions to deny are filed against the ap- the public in identifying the documents plication and have been served on the they may ask to be sent to them by applicant, a statement that such a pe- mail, for example, by describing to the tition has been filed shall be main- caller, if asked, the period covered by a tained in the file together with the particular report and the number of name and address of the party filing pages included in the report. the petition. Applications shall be retained in the public inspection file NOTE TO PARAGRAPH (c)(2): For purposes of this section, geographic service area includes until final action has been taken on the area within the Grade B contour for TV, the application, except that applica- 1 mV/m contour for all FM station classes tions for a new construction permit except .7 mV/m for Class B1 stations and .5 granted pursuant to a waiver showing mV/m for Class B stations, and .5 mV/m con- and applications for assignment or tour for AM stations. transfer of license granted pursuant to (d) Responsibility in case of assignment a waiver showing shall be retained for or transfer. (1) In cases involving appli- as long as the waiver is in effect. In ad- cations for consent to assignment of dition, license renewal applications broadcast station construction permits granted on a short-term basis shall be 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) Citizen agreements. A copy of every assignor. If the assignment is con- 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 NOTE TO PARAGRAPH (E)(3): For purposes of the assignment is filed with the FCC. this section, a citizen agreement is a written The assignee shall retain public file agreement between a broadcast applicant,

319

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3526 47 CFR Ch. I (10–1–99 Edition)

permittee, or licensee, and one or more citi- filed by the licensee or permittee for zens or citizen groups, entered for primarily the station, together with all related noncommercial purposes. This definition in- material (Form 395–B). These materials cludes those agreements that deal with goals or proposed practices directly or indirectly shall be retained until final action has affecting station operations in the public in- been taken on the station’s next li- terest, in areas such as—but not limited to— cense renewal application. programming and employment. It excludes (8) The public and broadcasting. At all common commercial agreements such as ad- times, a copy of the most recent vertising contracts; union, employment, and version of the manual entitled ‘‘The personal services contracts; network affiliation, syndication, program supply con- Public and Broadcasting.’’ tracts, etc. However, the mere inclusion of (9) Letters and e-mail from the public. commercial terms in a primarily non- (i) All written comments and sugges- commercial agreement—such as a provision tions received from the public regard- for payment of fees for future services of the ing operation of the station, unless the citizen-parties (see ‘‘Report and Order,’’ letter writer has requested that the Docket 19518, 57 FCC 2d 494 (1976))—would not cause the agreement to be considered com- letter not be made public or when the mercial for purposes of this section. licensee feels that it should be excluded from public inspection because (4) Contour maps. A copy of any serv- of the nature of its content, such as a ice contour maps, submitted with any defamatory or obscene letter. Letters application tendered for filing with the and electronic mail messages shall be FCC, together with any other informa- retained for a period of three years tion in the application showing service from the date on which they are re- contours and/or main studio and trans- ceived by the licensee. mitter location (State, county, city, (ii) For purposes of this section, writ- street address, or other identifying inten comments and suggestions received formation). These documents shall be from the public include electronic mail retained for as long as they reflect cur- messages transmitted via the internet rent, accurate information regarding to station management or an e-mail the station. (5) Ownership reports and related mate- address publicized by the station. Per- rials. A copy of the most recent, com- sonal e-mail messages sent to station plete ownership report filed with the employees need not be retained. Li- FCC for the station, together with any censees may retain e-mails either on statements filed with the FCC certi- paper or in a computer file. Licensees fying that the current report is accu- who choose to maintain a computer file rate, and together with all related ma- of e-mails may make the file available terial. These materials shall be re- to the public either by providing the tained until a new, complete ownership public with access to a computer ter- report is filed with the FCC, at which minal at the location of the public file, time a copy of the new report and any or providing the public with a copy of related materials shall be placed in the such e-mails on computer diskette, file. The permittee or licensee must re- upon request. In the case of identical tain in the public file either a copy of communications, licensees and permit- the contracts listed in such reports in tees may retain one sample copy of the accordance with § 73.3615(a)(4)(i), or an letter or electronic mail message to- up-to-date list of such contracts. Li- gether with a list identifying other censees or permittees who choose to re- parties who sent identical communica- tain a list of contracts must provide a tions. copy of any contracts to requesting (10) Material relating to FCC investiga- parties within 7 days. tion or complaint. Material having a (6) Political file. Such records as are substantial bearing on a matter which required by § 73.1943 to be kept con- is the subject of an FCC investigation cerning broadcasts by candidates for or complaint to the FCC of which the public office. These records shall be re- applicant, permittee, or licensee has tained for the period specified in been advised. This material shall be re- § 73.1943 (2 years). tained until the applicant, permittee, (7) Annual employment reports. A copy or licensee is notified in writing that of every annual employment report the material may be discarded.

320

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00320 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3526

(11)(i) TV issues/programs lists. For specifically designed to serve the edu- commercial TV broadcast stations, cational and informational needs of every three months a list of programs children, and it shall explain how pro- that have provided the station’s most grams identified as Core Programming significant treatment of community meet the definition set forth in issues during the preceding three § 73.671(c). The Report shall include the month period. The list for each cal- name of the individual at the station endar quarter is to be filed by the responsible for collecting comments on tenth day of the succeeding calendar the station’s compliance with the Chil- quarter (e.g., January 10 for the quarter dren’s Television Act, and it shall be October—December, April 10 for the separated from other materials in the quarter January—March, etc.). The list public inspection file. These Reports shall include a brief narrative describ- shall be retained in the public inspec- ing what issues were given significant tion file until final action has been treatment and the programming that taken on the station’s next license re- provided this treatment. The descrip- newal application. Licensees shall pub- tion of the programs shall include, but licize in an appropriate manner the ex- shall not be limited to, the time, date, istence and location of these Reports. duration, and title of each program in For an experimental period of three which the issue was treated. The lists years, licensees shall file these Reports described in this paragraph shall be re- with the Commission on an annual tained in the public inspection file basis, i.e. four quarterly reports filed until final action has been taken on jointly each year, in electronic form as the station’s next license renewal ap- of January 10, 1999. These Reports shall plication. be filed with the Commission on Janu- (ii) Records concerning commercial lim- ary 10, 1998, January 10, 1999, and Janu- its. For commercial TV broadcast sta- ary 10, 2000. tions, records sufficient to permit sub- (12) Radio issues/programs lists. For stantiation of the station’s certifi- commercial AM and FM broadcast sta- cation, in its license renewal applications, every three months a list of pro- tion, of compliance with the commer- grams that have provided the station’s cial limits on children’s programming most significant treatment of commu- established in 47 U.S.C. 303a and 47 CFR nity issues during the preceding three 73.670. The records for each calendar month period. The list for each cal- quarter must be filed in the public in- endar quarter is to be filed by the spection file by the tenth day of the tenth day of the succeeding calendar succeeding calendar quarter (e.g., Janu- quarter (e.g., January 10 for the quarter ary 10 for the quarter October—Decem- October—December, April 10 for the ber, April 10 for the quarter January— quarter January—March, etc.). The list March, etc.). These records shall be re- shall include a brief narrative describ- tained until final action has been ing what issues were given significant taken on the station’s next license re- treatment and the programming that newal application. provided this treatment. The descrip- (iii) Children’s Television Programming tion of the programs shall include, but Reports. For commercial TV broadcast shall not be limited to, the time, date, stations, on a quarterly basis, a com- duration, and title of each program in pleted Children’s Television Program- which the issue was treated. The lists ming Report (‘‘Report’’), on FCC Form described in this paragraph shall be re- 398, reflecting efforts made by the li- tained in the public inspection file censee during the preceding quarter, until final action has been taken on and efforts planned for the next quar- the station’s next license renewal ap- ter, to serve the educational and infor- plication. mational needs of children. The Report (13) Local public notice announcements. for each quarter is to be filed by the Each applicant for renewal of license tenth day of the succeeding calendar shall, within 7 days of the last day of quarter. The Report shall identify the broadcast of the local public notice of licensee’s educational and informa- filing announcements required pursu- tional programming efforts, including ant to § 73.3580(h), place in the station’s programs aired by the station that are local public inspection file a statement

321

VerDate 1599 11:10 Dec 29, 1999 Jkt 183187 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3527 47 CFR Ch. I (10–1–99 Edition)

certifying compliance with this re- through 0.461 of this part are open for public quirement. The dates and times that inspection at the offices of the FCC. the pre-filing and post-filing notices [63 FR 49497, Sept. 16, 1998, as amended at 63 were broadcast and the text thereof FR 70049, Dec. 18, 1998; 64 FR 35947, July 2, shall be made part of the certifying 1999; 64 FR 50645, Sept. 17, 1999] statement. The certifying statement EFFECTIVE DATE NOTE: At 64 FR 50645, shall be retained in the public file for Sept. 17, 1999, § 73.3526 was amended by revis- the period specified in § 73.3580 (for as ing paragraph (e)(14) and adding paragraph long as the application to which it re- (e)(16). This section contains information fers). collection and recordkeeping requirements (14) Radio and television time brokerage and will not become effective until approval has been given by the Office of Management agreements. For commercial radio and and Budget. television stations, a copy of every agreement or contract involving time § 73.3527 Local public inspection file of brokerage of the licensee’s station or of noncommercial educational sta- another station by the licensee, wheth- tions. er the agreement involves stations in (a) Responsibility to maintain a file. the same markets or in differing mar- The following shall maintain for public kets, with confidential or proprietary inspection a file containing the mate- information redacted where appro- rial set forth in this section. priate. These records shall be retained (1) Applicants for a construction per- as long as the contract or agreement is mit for a new station in the non- in force. commercial educational broadcast (15) Must-carry or retransmission con- services shall maintain a public inspec- sent election. Statements of a commer- tion file containing the material, relat- cial television station’s election with ing to that station, described in para- respect to either must-carry or re- graph (e)(2) and (e)(11) of this section. transmission consent as defined in A separate file shall be maintained for § 76.64 of this chapter. These records each station for which an application is shall be retained for the duration of pending. If the application is granted, the three year election period to which paragraph (a)(2) of this section shall the statement applies. apply. (16) Radio and television joint sales (2) Every permittee or licensee of an agreements. For commercial radio and AM, FM, or TV station in the noncommercial television stations, a copy commercial educational broadcast of agreement for the joint sale of ad- services shall maintain a public inspec- vertising time involving the station, tion file containing the material, relat- whether the agreement involves sta- ing to that station, described in para- tions in the same markets or in dif- graphs (e)(1) through (e)(11) of this sec- fering markets, with confidential or tion. In addition, every permittee or li- proprietary information redacted censee of a noncommercial educational where appropriate. TV station shall maintain for public NOTE 1 TO PARAGRAPH (E): For purposes of inspection a file containing material, this section, action taken on an application relating to that station, described in tendered with the FCC becomes final when paragraphs (e)(12) of this section. A that action is no longer subject to reconsid- separate file shall be maintained for eration, review, or appeal either at the FCC each station for which an authoriza- or in the courts. NOTE 2 TO PARAGRAPH (E): For purposes of tion is outstanding, and the file shall this section, the term ‘‘all related material’’ be maintained so long as an authoriza- includes all exhibits, letters, and other docu- tion to operate the station is out- ments tendered for filing with the FCC as standing. part of an application, report, or other docu- (b) Location of the file. The public in- ment, all amendments to the application, re- spection file shall be maintained at the port, or other document, copies of all docu- main studio of the station. An appli- ments incorporated therein by reference and cant for a new station or change of not already maintained in the public inspection file, and all correspondence between the community shall maintain its file at FCC and the applicant pertaining to the ap- an accessible place in the proposed plication, report, or other document, which community of license or at its proposed according to the provisions of §§ 0.451 main studio.

322

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00322 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3527

(c) Access to material in the file. (1) The lic notice is required to be given under file shall be available for public inspec- the provisions of § 73.3580 or § 73.3594, tion at any time during regular busi- the file mentioned in paragraph (a) of ness hours. All or part of the file may this section shall be maintained by the be maintained in a computer database, assignor. If the assignment is con- as long as a computer terminal is made sented to by the FCC and con- available, at the location of the file, to summated, the assignee shall maintain members of the public who wish to re- the file commencing with the date on view the file. Material in the public in- which notice of the consummation of spection file shall be made available the assignment is filed with the FCC. for printing or machine reproduction The assignee shall retain public file upon request made in person. The ap- documents obtained from the assignor plicant, permittee, or licensee may for the period required under these specify the location for printing or re- rules. production, require the requesting (2) In cases involving applications for party to pay the reasonable cost there- consent to transfer of control of a per- of, and may require guarantee of pay- mittee or licensee of a broadcast sta- ment in advance (e.g., by requiring a tion, the file mentioned in paragraph deposit, obtaining credit card informa- (a) of this section shall be maintained tion, or any other reasonable method). by the permittee or licensee. Requests for copies shall be fulfilled (e) Contents of the file. The material within a reasonable period of time, to be retained in the public inspection which generally should not exceed 7 file is as follows: days. (1) Authorization. A copy of the cur- (2) The applicant, permittee, or li- rent FCC authorization to construct or censee who maintains its main studio operate the station, as well as any and public file outside its community other documents necessary to reflect of license 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, and copies of Initial copy; and Decisions and Final Decisions in hear- (iii) Be prepared to assist members of ing cases pertaining thereto. If peti- the public in identifying the documents tions to deny are filed against the ap- they may ask to be sent to them by plication and have been served on the mail, for example, by describing to the applicant, a statement that such a pe- caller, if asked, the period covered by a tition has been filed shall be main- particular report and the number of tained in the file together with the pages included in the report. name and address of the party filing

NOTE TO PARAGRAPH (c)(2): For purposes of the petition. Applications shall be re- this section, geographic service area includes tained in the public inspection file the area within the protected service con- until final action has been taken on tour in a particular service: Grade B contour the application, except that applica- for TV, 1 mVm contour for all FM station tions for a new construction permit classes except .7 mV/m for Class B1 stations granted pursuant to a waiver showing and .5 mV/m for Class B stations, and .5 mV/ and applications for assignment or m contour for AM stations. transfer of license granted pursuant to (d) Responsibility in case of assignment a waiver showing shall be retained for or transfer. (1) In cases involving appli- as long as the waiver is in effect. In ad- cations for consent to assignment of dition, license renewal applications broadcast station construction permits granted on a short-term basis shall be or licenses, with respect to which pub- retained until final action has been

323

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00323 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3527 47 CFR Ch. I (10–1–99 Edition)

taken on the license renewal applica- the station’s most significant treat- tion filed immediately following the ment of community issues during the shortened license term. preceding three month period. The list (3) Contour maps. A copy of any serv- for each calendar quarter is to be filed ice contour maps, submitted with any by the tenth day of the succeeding cal- application tendered for filing with the endar quarter (e.g., January 10 for the FCC, together with any other informa- quarter October–December, April 10 for tion in the application showing service the quarter January–March, etc.). The contours and/or main studio and trans- list shall include a brief narrative de- mitter location (State, county, city, scribing what issues were given signifi- street address, or other identifying in- cant treatment and the programming formation). These documents shall be that provided this treatment. The de- retained for as long as they reflect cur- scription of the programs shall include, rent, accurate information regarding but shall not be limited to, the time, the station. date, duration, and title of each pro- (4) Ownership reports and related mate- gram in which the issue was treated. rials. A copy of the most recent, com- The lists described in this paragraph plete ownership report filed with the shall be retained in the public inspec- FCC for the station, together with any tion file until final action has been subsequent statement filed with the taken on the station’s next license re- FCC certifying that the current report newal application. is accurate, and together with all re- (9) Donor lists. The lists of donors sup- lated material. These materials shall porting specific programs. These lists be retained until a new, complete own- shall be retained for two years from ership report is filed with the FCC, at the date of the broadcast of the specific which time a copy of the new report program supported. and any related materials shall be (10) Local public notice announcements. placed in the file. The permittee or li- Each applicant for renewal of license censee must retain in the public file ei- shall, within 7 days of the last day of ther a copy of the contracts listed in broadcast of the local public notice of such reports in accordance with filing announcements required pursu- § 73.3615(d)(3), or an up-to-date list of such contracts. Licensees and permit- ant to § 73.3580(h), place in the station’s tees who choose to maintain a list of local public inspection file a statement contracts must provide a copy of any certifying compliance with this re- contracts to requesting parties within quirement. The dates and times that 7 days. the pre-filing and post-filing notices (5) Political file. Such records as are were broadcast and the text thereof required by § 73.1943 to be kept con- shall be made part of the certifying cerning broadcasts by candidates for statement. The certifying statement public office. These records shall be re- shall be retained in the public file for tained for the period specified in the period specified in § 73.3580 (for as § 73.1943 (2 years). long as the application to which it re- (6) Annual employment reports. A copy fers). of every annual employment report (11) Material relating to FCC investiga- (Form 395) filed by the licensee or per- tion or complaint. Material having a mittee for the station, together with substantial bearing on a matter which all related material. These materials is the subject of an FCC investigation shall be retained until final action has or complaint to the FCC of which the been taken on the station’s next li- applicant, permittee, or licensee has cense renewal application. been advised. This material shall be re- (7) The Public and Broadcasting. At all tained until the applicant, permittee, times, a copy of the most recent or licensee is notified in writing that version of the manual entitled ‘‘The the material may be discarded. Public and Broadcasting.’’ (12) Must-carry requests. Noncommer- (8) Issues/programs lists. For non- cial television stations requesting exempt noncommercial educational mandatory carriage on any cable sys- broadcast stations, every three months tem pursuant to § 76.56 of this chapter a list of programs that have provided shall place a copy of such request in its

324

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3534

public file and shall retain both the re- (7) FCC Form 349, ‘‘Application for quest and relevant correspondence for Authority to Construct or Make the duration of any period to which the Changes in an FM Translator or FM request applies. Booster Station.’’ NOTE (1) TO PARAGRAPH (E): For purposes of (b) The filing of an application for this section, a decision made with respect to modification of construction permit an application tendered with the FCC be- does not extend the expiration date of comes final when that decision is no longer subject to reconsideration, review, or appeal the construction permit. Extension of either at the FCC or in the courts. the expiration date must be applied for NOTE (2) TO PARAGRAPH (E): For purposes of on FCC Form 307, in accordance with this section, the term ‘‘all related material’’ the provisions of § 73.3534. includes all exhibits, letters, and other docu- (c) In each application referred to in ments tendered for filing with the FCC as paragraph (a) of this section, the appli- part of an application, report, or other docu- cant will provide the Antenna Struc- ment, all amendments to the application, report, or other document, copies of all docu- ture Registration Number (FCC Form ments incorporated therein by reference and 854R) of the antenna structure upon not already maintained in the public inspec- which it will locate its proposed an- tion file, and all correspondence between the tenna. In the event the antenna struc- FCC and the applicant pertaining to the ap- ture does not already have a Registra- plication, report, or other document, which tion Number, either the antenna struc- according to the provisions of §§ 0.451 ture owner shall file FCC Form 854 through 0.461 of the rules are open for public inspection at the offices of the FCC. (‘‘Application for Antenna Structure Registration’’) in accordance with part [63 FR 49499, Sept. 16, 1998, as amended at 64 17 of this chapter or the applicant shall FR 35947, July 2, 1999] provide a detailed explanation why registration and clearance of the antenna § 73.3533 Application for construction permit or modification of construc- structure is not necessary. tion permit. [44 FR 38494, July 2, 1979, as amended at 47 (a) Application for construction per- FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, mit, or modification of a construction 1984; 50 FR 40016, Oct. 1, 1985; 53 FR 36788, permit, for a new facility or change in Sept. 22, 1988; 61 FR 4367, Feb. 6, 1996] an existing facility is to be made on the following forms: § 73.3534 Period of construction for In- structional TV Fixed station con- (1) FCC Form 301, ‘‘Application for struction permit and requests for Authority to Construct or Make extension thereof. Changes in an Existing Commercial Broadcast Station.’’ (a) Each original construction permit (2) FCC Form 309, ‘‘Application for for the construction of a new Instruc- Authority to Construct or Make tional TV Fixed station, or to make Changes in an Existing International changes in such existing stations, shall or Experimental Broadcast Stations.’’ specify a period of 18 months from the (3) FCC Form 313, ‘‘Application for date of issuance of the original con- Authorization in the Auxiliary Broad- struction permit within which con- cast Services.’’ struction shall be completed and appli- (4) FCC Form 330, ‘‘Application for cation for license filed. Authorization to Construct New or (b) Requests for extension of time Make Changes in an Instructional Tele- within which to construct an Instruc- vision Fixed and/or Response Sta- tional TV Fixed station shall be filed tion(s), or to Assign to Transfer Such at least 30 days prior to the expiration Station(s).’’ date of the construction permit if the (5) FCC Form 340, ‘‘Application for facts supporting such request for ex- Authority to Construct or Make tension are known to the applicant in Changes in a Noncommercial Edu- time to permit such filing. In other cational Broadcast Station.’’ cases, a request will be accepted upon a (6) FCC Form 346, ‘‘Application for showing satisfactory to the FCC of suf- Authority to Construct or Make ficient reasons for filing within less Changes in a Low Power TV, TV Trans- than 30 days prior to the expiration lator or TV Booster Station.’’ date.

325

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00325 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3536 47 CFR Ch. I (10–1–99 Edition)

(c) Requests for extension of time to (6) FCC Form 350, ‘‘Application for an construct Instructional TV Fixed sta- FM Translator or FM Booster Station tions will be granted upon a specific License.’’ and detailed narrative showing that [44 FR 38495, July 2, 1979, as amended at 49 the failure to complete construction FR 32582, Aug. 15, 1984; 50 FR 40016, Oct. 1, was due to causes not under the control 1985; 51 FR 18451, May 20, 1986; 51 FR 32088, of the permittee, or upon a specific and Sept. 9, 1986; 52 FR 31400, Aug. 20, 1987; 53 FR detailed showing of other sufficient 36788, Sept. 22, 1988; 62 FR 51063, Sept. 30, justification for an extension. 1997] (d) If a request for extension of time § 73.3537 Application for license to use within which to construct an Instruc- former main antenna as an auxil- tional TV Fixed station is approved, iary. such an extension will be limited to a See § 73.1675, Auxiliary facility. period of no more than 6 months. (e) A construction permit for an In- [62 FR 51063, Sept. 30, 1997] structional TV Fixed station shall be declared forfeited if the station is not § 73.3538 Application to make changes in an existing station. ready for operation within the time specified therein or within such further Where prior authority is required time as the FCC may have allowed for from the FCC to make changes in an completion, and a notation of the for- existing station, the following proce- feiture of any construction permit dures shall be used to request that authority: under this provision will be placed in the records of the FCC as of the expira- (a) An application for construction permit using the forms listed in tion date. § 73.3533 must be filed for authority to: [63 FR 70049, Dec. 18, 1998] (1) Make any of the changes listed in § 73.1690(b). § 73.3536 Application for license to (2) Change the hours of operation of cover construction permit. an AM station, where the hours of op- (a) The application for station li- eration are specified on the license or cense shall be filed by the permittee permit. pursuant to the requirements of (3) Install a transmitter which has § 73.1620 Program tests. not been approved (type accepted) by (b) The following application forms the FCC for use by licensed broadcast shall be used: stations. (1)(i) Form 302–AM for AM stations, (4) Any change in the location, ‘‘Application for New AM Station height, or directional radiating characteristics of the antenna or antenna sys- Broadcast License.’’ tem. (ii) Form 302–FM for FM stations, (b) An informal application filed in ‘‘Application for FM Station License.’’ accordance with § 73.3511 is to be used (iii) Form 302–TV for television sta- to obtain authority to make the fol- tions, ‘‘Application for TV Station lowing changes in the station author- Broadcast License.’’ ization: (2) FCC Form 310, ‘‘Application for an (1) To specify a new AM station di- International or Experimental Broad- rectional antenna field monitoring cast Station License.’’ point as a substitute for one that is no (3) FCC Form 313, ‘‘Application for longer suitable or available, such as Authorization in the Auxiliary Broad- due to construction. The request is to cast Services.’’ include sufficient measurement data (4) FCC Form 330–L ‘‘Application for taken at the new monitoring point to Instructional Television Fixed Station establish its reliability in comparison License.’’ with data taken at the old monitoring (5) FCC Form 347, ‘‘Application for a point on the same radial, the routing Low Power TV, TV Translator or TV directions to the new point, a location Booster Station License.’’ photograph, and such other information as the FCC may request.

326

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00326 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3540

(2) To modify or discontinue the ob- (d) Renewal application forms titles struction marking or lighting of the and numbers are listed in § 73.3500, Ap- antenna supporting structure where plication and Report Forms. that specified on the station authoriza- [44 FR 38495, July 2, 1979, as amended at 47 tion either differs from that specified FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, in FCC Rules, part 17, or is not appro- 1984] priate for other reasons. (3) Relocation of a main studio out- § 73.3540 Application for voluntary as- side the principal community contour signment or transfer of control. may require the filing and approval of (a) Prior consent of the FCC must be a letter request for authority to make obtained for a voluntary assignment or this change prior to implementation. transfer of control. See § 73.1125. (b) Application should be filed with the FCC at least 45 days prior to the [44 FR 38495, July 2, 1979, as amended at 44 contemplated effective date of assign- FR 69935, Dec. 5, 1979; 49 FR 4000, Feb. 1, 1984; ment or transfer of control. 52 FR 21685, June 9, 1987; 62 FR 51063, Sept. 30, (c) Application for consent to the as- 1997] signment of construction permit or li- § 73.3539 Application for renewal of license must be filed on FCC Form 314 cense. ‘‘Assignment of license’’ or FCC Form 316 ‘‘Short form’’ (See paragraph (f) of (a) Unless otherwise directed by the this section). FCC, an application for renewal of li- (d) Application for consent to the cense shall be filed not later than the transfer of control of a corporation first day of the fourth full calendar holding a construction permit or li- month prior to the expiration date of cense must be filed on FCC Form 315 the license sought to be renewed, ex- ‘‘Transfer of Control’’ or FCC Form 316 cept that applications for renewal of li- ‘‘Short form’’ (see paragraph (f) of this cense of an experimental broadcast sta- section). tion shall be filed not later than the (e) Application for consent to the as- first day of the second full calendar signment of construction permit or li- month prior to the expiration date of cense or to the transfer of control of a the license sought to be renewed. If any corporate licensee or permittee for an deadline prescribed in this paragraph FM or TV translator station, a low falls on a nonbusiness day, the cutoff power TV station and any associated shall be the close of business of the auxiliary station, such as translator first full business day thereafter. microwave relay stations and UHF (b) No application for renewal of li- translator booster stations, only must cense of any broadcast station will be be filed on FCC Form 345 ‘‘Application considered unless there is on file with for Transfer of Control of Corporate Li- the FCC the information currently re- censee or Permittee, or Assignment of License or Permit for an FM or TV quired by §§ 73.3612 through 73.3615, in- translator Station, or a Low Power TV clusive, for the particular class of sta- Station.’’ tion. (f) The following assignment or (c) Whenever the FCC regards an ap- transfer applications may be filed on plication for a renewal of license as es- FCC ‘‘Short form’’ 316: sential to the proper conduct of a hear- (1) Assignment from an individual or ing or investigation, and specifically individuals (including partnerships) to directs that it be filed by a date cer- a corporation owned and controlled by tain, such application shall be filed such individuals or partnerships with- within the time thus specified. If the li- out any substantial change in their rel- censee fails to file such application ative interests; within the prescribed time, the hearing (2) Assignment from a corporation to or investigation shall proceed as if its individual stockholders without ef- such renewal application had been re- fecting any substantial change in the ceived. disposition of their interests;

327

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00327 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3541 47 CFR Ch. I (10–1–99 Edition)

(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

328

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3549

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

329

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00329 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3550 47 CFR Ch. I (10–1–99 Edition)

(radio) or Video Services Division (tele- of the construction permit or license of vision), Mass Media Bureau. Such re- a station whose existing call sign con- quests must contain information as to forms to that of a commonly-owned when and what steps were taken to re- station not part of the transaction, the pair or replace the defective equipment new licensee of the transferred or as- and a brief description of the alter- signed station shall expeditiously re- native procedures being used while the quest a different call sign, unless con- equipment is out of service. sent to retain the conforming call sign [63 FR 33878, June 22, 1998] 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 suffix or FM or TV suffixes, if used) may utilize this on-line system to de- will be assigned. However, subject to termine the availability and licensing the other provisions of this section, a status of any call sign; to select an ini- call sign of a station may be conformed tial call sign for a new station; to to a commonly owned station holding a change a station’s currently assigned three-letter call sign assignment (plus call sign; to modify an existing call FM, TV or LP suffixes, if used). sign by adding or deleting an ‘‘-FM’’ or (g) Subject to the foregoing limita- ‘‘-TV’’ suffix; to exchange call signs tions, applicants may request call signs with another licensee or permittee in of their choice if the combination is the same service; or to reserve a dif- available. Objections to the assignment ferent call sign for a station being of requested call signs will not be en- transferred or assigned. tertained at the FCC. However, this (b) No request for an initial call sign does not hamper any party from assert- assignment will be accepted from a ing such rights as it may have under permittee for a new radio or full-serv- private law in some other forum. ice television station until the FCC has Should it be determined by an appro- granted a construction permit. Each priate forum that a station should not such permittee shall request the as- utilize a particular call sign, the initial signment of its station’s initial call assignment of a call sign will not serve sign expeditiously following the grant as a bar to the making of a different of its construction permit. All initial assignment. construction permits for low power TV (h) Stations in different broadcast stations will be issued with a five-char- services (or operating jointly in the acter low power TV call sign, in ac- 535–1605 kHz band and in the 1605–1705 cordance with § 74.783(d) of this chap- kHz band) which are under common ter. control may request that their call (c) Following the filing of a transfer signs be conformed by the assignment or assignment application, the proof the same basic call sign if that call posed assignee/transferee may request sign is not being used by a non-com- a new call sign for the station whose li- monly owned station. For the purposes cense or construction permit is being of this paragraph, 50% or greater com- transferred or assigned. No change in mon ownership shall constitute a call sign assignment will be effective prima facie showing of common con- until such transfer or assignment ap- trol. plication is granted by the FCC and no- (i) The provisions of this section tification of consummation of the shall not apply to International broad- transaction is received by the FCC. cast stations or to stations authorized (d) Where an application is granted under part 74 of this chapter (except as by the FCC for transfer or assignment provided in § 74.783).

330

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00330 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3555

(j) A change in call sign assignment (i) In a radio market with 45 or more will be made effective on the date spec- commercial radio stations, a party ified in the postcard acknowledging the may own, operate, or control up to 8 assignment of the requested new call commercial radio stations, not more sign and authorizing the change. Un- than 5 of which are in the same service less the requested change in call sign (AM or FM); assignment is subject to a pending (ii) In a radio market with between 30 transfer or assignment application, the and 44 (inclusive) commercial radio requester is required to include in its stations, a party may own, operate, or on-line call sign request a specific ef- control up to 7 commercial radio sta- fective date to take place within 45 tions, not more than 4 of which are in days of the submission of its electronic the same service (AM or FM); call sign request. Postponement of the (iii) In a radio market with between effective date will be granted only in 15 and 29 (inclusive) commercial radio response to a timely request and for stations, a party may own, operate, or only the most compelling reasons. control up to 6 commercial radio sta- (k) Four-letter combinations com- tions, not more than 4 of which are in mencing with ‘‘W’’ or ‘‘K’’ which are assigned as call signs to ships or to the same service (AM or FM); and other radio services are not available (iv) In a radio market with 14 or for assignment to broadcast stations, fewer commercial radio stations, a with or without the ‘‘-FM’’ or ‘‘-TV’’ party may own, operate, or control up suffix. to 5 commercial radio stations, not (l) Users of nonlicensed, low-power more than 3 of which are in the same devices operating under part 15 of this service (AM or FM), except that a chapter may use whatever identifica- party may not own, operate, or control tion is currently desired, so long as more than 50 percent of the stations in propriety is observed and no confusion such market. results with a station for which the (2) Overlap between two stations in FCC issues a license. different services is permissible if nei- (m) Where a requested call sign, ther of those two stations overlaps a without the ‘‘-FM,’’ ‘‘-TV’’ or ‘‘-LP’’ third station in the same service. suffix, would conform to the call sign (3) For purposes of this paragraph (a): of any other non-commonly owned sta- (i) The ‘‘principal community con- tion(s) operating in a different service, tour’’ for AM stations is the predicted an applicant utilizing the on-line res- or measured 5 mV/m groundwave con- ervation and authorization system will tour computed in accordance with be required to certify that consent to § 73.183 or § 73.186 and for FM stations is use the secondary call sign has been the predicted 3.16 mV/m contour com- obtained from the holder of the pri- puted in accordance with § 73.313. mary call sign. (ii) The number of stations in a radio [63 FR 71603, Dec. 29, 1998] market is the number of commercial stations whose principal community § 73.3555 Multiple ownership. contours overlap, in whole or in part, (a)(1) Radio contour overlap rule. No li- with the principal community contours cense for an AM or FM broadcasting of the stations in question (i.e., the station shall be granted to any party station for which an authorization is (including all parties under common sought and any station in the same control) if the grant of such license service that would be commonly owned will result in overlap of the principal whose principal community contour community contour of that station and overlaps the principal community con- the principal community contour of tour of that station). In addition, if the any other broadcasting station directly area of overlap between the stations in or indirectly owned, operated, or con- question is overlapped by the principal trolled by the same party, except that community contour of a commonly such license may be granted in connec- owned station or stations in a different tion with a transfer or assignment service (AM or FM), the number of sta- from an existing party with such inter- tions in the market includes stations ests, or in the following circumstances: whose principal community contours

331

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3555 47 CFR Ch. I (10–1–99 Edition)

overlap the principal community con- (2) An entity may directly or indi- tours of such commonly owned station rectly own, operate, or control up to or stations in a different service. two commercial TV stations (if per- (b) Local television multiple ownership mitted by paragraph (b) of this section, rule. An entity may directly or indi- the local television multiple ownership rectly own, operate, or control two tel- rule) and 1 commercial radio station evision stations licensed in the same situated as described above in para- Designated Market Area (DMA) (as de- graph (1) of this section. An entity may termined by Nielsen Media Research or not exceed these numbers, except as any successor entity) only under one or follows: more of the following conditions: (i) If at least 20 independently owned (1) The Grade B contours of the sta- media voices would remain in the mar- tions (as determined by § 73.684 of this ket post-merger, an entity can directly part) do not overlap; or or indirectly own, operate, or control (2)(i) At the time the application to up to: acquire or construct the station(s) is (A) Two commercial TV and six com- filed, at least one of the stations is not mercial radio stations (to the extent ranked among the top four stations in permitted by paragraph (a) of this sec- the DMA, based on the most recent all- tion, the local radio multiple owner- day (9:00 a.m.-midnight) audience ship rule); or share, as measured by Nielsen Media (B) One commercial TV and seven Research or by any comparable profes- commercial radio stations (to the ex- sional, accepted audience ratings serv- tent that an entity would be permitted ice; and to own two commercial TV and six (ii) At least 8 independently owned commercial radio stations under para- and operating full-power commercial graph (c)(2)(i)(A) of this section, and to and noncommercial TV stations would the extent permitted by paragraph (a) remain post-merger in the DMA in of this section, the local radio multiple which the communities of license of ownership rule). the TV stations in question are lo- (ii) If at least 10 independently owned cated. In areas where there is no media voices would remain in the mar- Nielsen DMA, count the TV stations ket post-merger, an entity can directly present in an area that would be the or indirectly own, operate, or control functional equivalent of a TV market. up to two commercial TV and four (c) Radio-television cross ownership commercial radio stations (to the ex- rule. (1) This rule is triggered when: tent permitted by paragraph (a) of this (i) The predicted or measured 1 mV/m section, the local radio multiple owner- contour of an existing or proposed FM ship rule). station (computed in accordance with (3) To determine how many media § 73.313 of this part) encompasses the voices would remain in the market, entire community of license of an ex- count the following: isting or proposed commonly owned TV (i) TV stations: independently owned broadcast station(s), or the Grade A full power operating broadcast TV sta- contour(s) of the TV broadcast stations within the DMA of the TV station(s) (computed in accordance with tion’s (or stations’) community (or § 73.684) encompasses the entire com- communities) of license; munity of license of the FM station; or (ii) Radio stations: (ii) The predicted or measured 2 mV/ (A) (1) Independently owned oper- m groundwave contour of an existing ating primary broadcast radio stations or proposed AM station (computed in that are in the radio metro market (as accordance with § 73.183 or § 73.386), en- defined by Arbitron or another nation- compasses the entire community of li- ally recognized audience rating serv- cense of an existing or proposed com- ice) of: monly owned TV broadcast station(s), (i) The TV station’s (or stations’) or the Grade A contour(s) of the TV community (or communities) of li- broadcast station(s) (computed in ac- cense; or cordance with § 73.684) encompass(es) (ii) The radio station’s (or stations’) the entire community of license of the community (or communities) of li- AM station. cense; and

332

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3555

(2) Independently owned out-of-mar- holders, partners, members, officers or ket broadcast radio stations with a directors, directly or indirectly, own- minimum share as reported by ing, operating or controlling, or having Arbitron or another nationally recog- a cognizable interest in TV stations nized audience rating service. which have an aggregate national audi- (B) When a proposed combination in- ence reach exceeding thirty-five (35) volves stations in different radio mar- percent. kets, the voice requirement must be (2) For purposes of this paragraph (e): met in each market; the radio stations (i) National audience reach means the of different radio metro markets may total number of television households not be counted together. in the Arbitron Area of Dominant In- (C) In areas where there is no radio fluence (ADI) markets in which the rel- metro market, count the radio stations evant stations are located divided by present in an area that would be the the total national television house- functional equivalent of a radio mar- holds as measured by ADI data at the ket. time of a grant, transfer or assignment (iii) Newspapers: English-language of a license. For purposes of making newspapers that are published at least this calculation, UHF television sta- four days a week within the TV stations shall be attributed with 50 per- tion’s DMA and that have a circulation cent of the television households in exceeding 5% of the households in the their ADI market. Where the relevant DMA; and application forms require a showing (iv) One cable system: if cable tele- with respect to audience reach and the vision is generally available to house- application relates to an area where holds in the DMA. Cable television Arbitron ADI market data are unavail- counts as only one voice in the DMA, able, then the applicant shall make a regardless of how many individual showing as to the number of television cable systems operate in the DMA. households in its market. Upon such a (d) Daily newspaper cross-ownership showing, the Commission shall make a rule. No license for an AM, FM or TV determination as to the appropriate broadcast station shall be granted to audience reach to be attributed to the any party (including all parties under applicant. common control) if such party directly (ii) TV broadcast station or TV station or indirectly owns, operates or controls excludes stations which are primarily a daily newspaper and the grant of satellite operations. such license will result in: (f) This section is not applicable to (1) The predicted or measured 2 mV/m noncommercial educational FM and contour of an AM station, computed in noncommercial educational TV sta- accordance with § 73.183 or § 73.186, en- tions. compassing the entire community in which such newspaper is published; or NOTE 1: The word ‘‘control’’ as used herein (2) The predicted 1 mV/m contour for is not limited to majority stock ownership, but includes actual working control in what- an FM station, computed in accordance ever manner exercised. with § 73.313, encompassing the entire NOTE 2: In applying the provisions of this community in which such newspaper is section, ownership and other interests in published; or broadcast licensees, cable television systems (3) The Grade A contour of a TV sta- and daily newspapers will be attributed to tion, computed in accordance with their holders and deemed cognizable pursu- § 73.684, encompassing the entire com- ant to the following criteria: munity in which such newspaper is (a) Except as otherwise provided herein, published. partnership and direct ownership interests (e)(1) National television multiple own- and any voting stock interest amounting to ership rule. No license for a commercial 5% or more of the outstanding voting stock TV broadcast station shall be granted, of a corporate broadcast licensee, cable tele- transferred or assigned to any party vision system or daily newspaper will be cognizable; (including all parties under common (b) Subject to paragraph (j) of this Note, no control) if the grant, transfer or as- minority voting stock interest will be cog- signment of such license would result nizable if there is a single holder of more in such party or any of its stock- than 50% of the outstanding voting stock of

333

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3555 47 CFR Ch. I (10–1–99 Edition)

the corporate broadcast licensee, cable tele- that partner is not materially involved, division system or daily newspaper in which rectly or indirectly, in the management or the minority interest is held; operation of the media-related activities of (c) Investment companies, as defined in 15 the partnership and the licensee or system so U.S.C. 80a–3, insurance companies and banks certifies. An interest in a Limited Liability holding stock through their trust depart- Company (‘‘LLC’’) or Registered Limited Li- ments in trust accounts will be considered to ability Partnership (‘‘RLLP’’) shall be at- have a cognizable interest only if they hold tributed to the interest holder unless that 20% or more of the outstanding voting stock interest holder is not materially involved, of a corporate broadcast licensee, cable tele- directly or indirectly, in the management or vision system or daily newspaper, or if any operation of the media-related activities of of the officers or directors of the broadcast the partnership and the licensee or system so licensee, cable television system or daily certifies. newspaper are representatives of the invest- (2) In order for a licensee or system that is ment company, insurance company or bank a limited partnership to make the certifi- concerned. cation set forth in paragraph (g)(1) of this (d) Attribution of ownership interests in a section, it must verify that the partnership broadcast licensee, cable television system agreement or certificate of limited partner- or daily newspaper that are held indirectly ship, with respect to the particular limited by any party through one or more inter- partner exempt from attribution, establishes vening corporations will be determined by that the exempt limited partner has no ma- successive multiplication of the ownership terial involvement, directly or indirectly, in percentages for each link in the vertical the management or operation of the media ownership chain and application of the rel- activities of the partnership. In order for a evant attribution benchmark to the result- licensee or system that is an LLC or RLLP ing product, except that wherever the owner- to make the certification set forth in para- ship percentage for any link in the chain ex- graph (g)(1) of this section, it must verify ceeds 50%, it shall not be included for pur- that the organizational document, with re- poses of this multiplication. [For example, if spect to the particular interest holder ex- A owns 10% of company X, which owns 60% empt from attribution, establishes that the of company Y, which owns 25% of ‘‘Li- exempt interest holder has no material in- censee,’’ then X’s interest in ‘‘Licensee’’ volvement, directly or indirectly, in the would be 25% (the same as Y’s interest since management or operation of the media ac- X’s interest in Y exceeds 50%), and A’s inter- tivities of the LLC or RLLP. The criteria est in ‘‘Licensee’’ would be 2.5% (0.1×0.25). which would assume adequate insulation for Under the 5% attribution benchmark, X’s in- purposes of this certification are described in terest in ‘‘Licensee’’ would be cognizable, the Memorandum Opinion and Order in MM while A’s interest would not be cognizable.] Docket No. 83–46, FCC 85–252 (released June (e) Voting stock interests held in trust 24, 1985), as modified on reconsideration in shall be attributed to any person who holds the Memorandum Opinion and Order in MM or shares the power to vote such stock, to Docket No. 83–46, FCC 86–410 (released No- any person who has the sole power to sell vember 28, 1986). Irrespective of the terms of such stock, and to any person who has the the certificate of limited partnership or right to revoke the trust at will or to replace partnership agreement, or other organiza- the trustee at will. If the trustee has a famil- tional document in the case of an LLC or ial, personal or extra-trust business relation- RLLP, however, no such certification shall ship to the grantor or the beneficiary, the be made if the individual or entity making grantor or beneficiary, as appropriate, will the certification has actual knowledge of be attributed with the stock interests held in any material involvement of the limited trust. An otherwise qualified trust will be in- partners, or other interest holders in the effective to insulate the grantor or bene- case of an LLC or RLLP, in the management ficiary from attribution with the trust’s as- or operation of the media-related businesses sets unless all voting stock interests held by of the partnership or LLC or RLLP. the grantor or beneficiary in the relevant (3) In the case of an LLC or RLLP, the li- broadcast licensee, cable television system censee or system seeking insulation shall or daily newspaper are subject to said trust. certify, in addition, that the relevant state (f) Subject to paragraph (j) of this Note, statute authorizing LLCs permits an LLC holders of non-voting stock shall not be at- member to insulate itself as required by our tributed an interest in the issuing entity. criteria. Subject to paragraph (j) of this Note, holders (h) Officers and directors of a broadcast li- of debt and instruments such as warrants, censee, cable television system or daily convertible debentures, options or other non- newspaper are considered to have a cog- voting interests with rights of conversion to nizable interest in the entity with which voting interests shall not be attributed un- they are so associated. If any such entity en- less and until conversion is effected. gages in businesses in addition to its pri- (g)(1) A limited partnership interest shall mary business of broadcasting, cable tele- be attributed to a limited partner unless vision service or newspaper publication, it

334

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3555

may request the Commission to waive attri- multiple or cross-ownership rule that is bution for any officer or director whose du- being applied, except that for television sta- ties and responsibilities are wholly unrelated tions, the term ‘‘market,’’ will be defined by to its primary business. The officers and di- reference to the definition contained in the rectors of a parent company of a broadcast television duopoly rule contained in para- licensee, cable television system or daily graph (b) of this section. newspaper, with an attributable interest in (k) ‘‘Time brokerage’’ is the sale by a li- any such subsidiary entity, shall be deemed censee of discrete blocks of time to a to have a cognizable interest in the sub- ‘‘broker’’ that supplies the programming to sidiary unless the duties and responsibilities fill that time and sells the commercial spot of the officer or director involved are wholly announcements in it. unrelated to the broadcast licensee, cable (1) Where the principal community con- television system or daily newspaper sub- tours (predicted or measured 5 mV/m sidiary, and a statement properly docu- groundwave contour for AM stations com- menting this fact is submitted to the Com- puted in accordance with § 73.183 or § 73.186 mission. [This statement may be included on and predicted 3.16 mV/m contour for FM sta- the appropriate Ownership Report.] The offi- tions computed in accordance with § 73.313) of cers and directors of a sister corporation of two radio stations overlap and a party (in- a broadcast licensee, cable television system cluding all parties under common control) or daily newspaper shall not be attributed with an attributable ownership interest in with ownership of these entities by virtue of one such station brokers more than 15 per- such status. cent of the broadcast time per week of the (i) Discrete ownership interests will be ag- other such station, that party shall be treat- gregated in determining whether or not an ed as if it has an interest in the brokered interest is cognizable under this section. An station subject to the limitations set forth individual or entity will be deemed to have a in paragraphs (a), (c), and (d) of this section. cognizable investment if: This limitation shall apply regardless of the (1) The sum of the interests held by or source of the brokered programming sup- through ‘‘passive investors’’ is equal to or plied by the party to the brokered station. exceeds 20 percent; or (2) Where two television stations are both (2) The sum of the interests other than licensed to the same market, as defined in those held by or through ‘‘passive investors’’ the television duopoly rule contained in is equal to or exceeds 5 percent; or paragraph (b) of this section, and a party (in- (3) The sum of the interests computed cluding all parties under common control) under paragraph (i)(1) of this section plus the with an attributable ownership interest in sum of the interests computed under para- one such station brokers more than 15 per- graph (i)(2) of this section is equal to or ex- cent of the broadcast time per week of the ceeds 20 percent. other such station, that party shall be treat- (j) Notwithstanding paragraphs (b), (f), and ed as if it has an interest in the brokered (g) of this Note, the holder of an equity or station subject to the limitations set forth debt interest or interests in a broadcast li- in paragraphs (b), (c), (d) and (e) of this sec- censee, cable television system, daily news- tion. This limitation shall apply regardless paper, or other media outlet subject to the of the source of the brokered programming broadcast multiple ownership or cross-own- supplied by the party to the brokered sta- ership rules (‘‘interest holder’’) shall have tion. that interest attributed if: (3) Every time brokerage agreement of the (1) The equity (including all stockholdings, type described in this Note shall be under- whether voting or nonvoting, common or taken only pursuant to a signed written preferred) and debt interest or interests, in agreement that shall contain a certification the aggregate, exceed 33 percent of the total by the licensee or permittee of the brokered asset value, defined as the aggregate of all station verifying that it maintains ultimate equity plus all debt, of that media outlet; control over the station’s facilities, includ- and ing specifically control over station fi- (2)(i) The interest holder also holds an in- nances, personnel and programming, and by terest in a broadcast licensee, cable tele- the brokering station that the agreement vision system, newspaper, or other media complies with the provisions of paragraphs outlet operating in the same market that is (b) through (d) of this section if the subject to the broadcast multiple ownership brokering station is a television station or or cross-ownership rules and is attributable with paragraphs (a), (c), and (d) if the under paragraphs of this Note other than brokering station is a radio station. this paragraph (j); or NOTE 3: In cases where record and bene- (ii) The interest holder supplies over fif- ficial ownership of voting stock is not iden- teen percent of the total weekly broadcast tical (e.g., bank nominees holding stock as programming hours of the station in which record owners for the benefit of mutual the interest is held. For purposes of applying funds, brokerage houses holding stock in this paragraph, the term, ‘‘market,’’ will be street names for the benefit of customers, in- defined as it is defined under the specific vestment advisors holding stock in their own

335

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3555 47 CFR Ch. I (10–1–99 Edition)

names for the benefit of clients, and insur- that of a commonly owned, operated, or con- ance companies holding stock), the party trolled ‘‘non-satellite’’ parent television having the right to determine how the stock broadcast station, or the Grade A contour of will be voted will be considered to own it for which completely encompasses the commu- purposes of these rules. nity of publication of a commonly owned, op- NOTE 4: Paragraphs (a) through (e) of this erated, or controlled daily newspaper, or the section will not be applied so as to require community of license of a commonly owned, divestiture, by any licensee, of existing fa- operated, or controlled AM or FM broadcast cilities, and will not apply to applications station, or the community of license of for increased power for Class C stations, to which is completely encompassed by the 2 applications for assignment of license or mV/m contour of such AM broadcast station transfer of control filed in accordance with or the 1 mV/m contour of such FM broadcast § 73.3540(f) or § 73.3541(b), or to applications station, may subsequently become a ‘‘non- for assignment of license or transfer of con- satellite’’ station under the circumstances trol to heirs or legatees by will or intestacy described in the aforementioned Report and if no new or increased overlap would be cre- Order in MM Docket No. 87–8. However, such ated between commonly owned, operated or commonly owned, operated, or controlled controlled broadcast stations in the same ‘‘non-satellite’’ television stations and AM service and if no new encompassment of or FM stations with the aforementioned Communities proscribed in paragraphs (c) community encompassment, may not be and (d) of this section as to commonly transferred or assigned to a single person, owned, operated or controlled broadcast sta- group, or entity except as provided in Note 4 tions or daily newspaper would result. Said of this section. Nor shall any application for paragraphs will apply to all applications for assignment or transfer concerning such new stations, to all other applications for as- ‘‘non-satellite’’ stations be granted if the assignment or transfer, and to all applications signment or transfer would be to the same for major changes in existing stations except person, group or entity to which the com- major changes that will result in overlap of monly owned, operated, or controlled news- contours of broadcast stations in the same paper is proposed to be transferred, except as service with each other no greater than al- provided in Note 4 of this section. ready existing. (The resulting areas of over- NOTE 6: For the purposes of this section a lap of contours of such broadcast stations with each other in such major change cases daily newspaper is one which is published may consist partly or entirely of new ter- four or more days per week, which is in the rain. However, if the population in the re- English language and which is circulated sulting areas substantially exceeds that in generally in the community of publication. the previously existing overlap areas, the A college newspaper is not considered as Commission will not grant the application if being circulated generally. it finds that to do so would be against the NOTE 7: The Commission will entertain ap- public interest, convenience or necessity.) plications to waive the restrictions in para- Commonly owned, operated or controlled graph (b) and (c) of this section (the TV du- broadcast stations with overlapping contours opoly and TV-radio cross-ownership rules) on or with community-encompassing contours a case-by-case basis. In each case, we will re- prohibited by this section may not be as- quire a showing that the in-market buyer is signed or transferred to a single person, the only entity ready, willing, and able to group or entity, except as provided above in operate the station, that sale to an out-of- this note and by § 73.3555(a). If a commonly market applicant would result in an artifi- owned, operated or controlled broadcast sta- cially depressed price, and that the waiver tion and daily newspaper fall within the en- applicant does not already directly or indi- compassing proscription of this section, the rectly own, operate, or control interest in station may not be assigned to a single per- two television stations within the relevant son, group or entity if the newspaper is being DMA. One way to satisfy these criteria simultaneously sold to such single person, would be to provide an affidavit from an group or entity. independent broker affirming that active NOTE 5: Paragraphs (a) through (e) of this and serious efforts have been made to sell section will not be applied to cases involving the permit, and that no reasonable offer television stations that are ‘‘satellite’’ oper- from an entity outside the market has been ations. Such cases will be considered in ac- received. We will entertain waiver requests cordance with the analysis set forth in the as follows: Report and Order in MM Docket No. 87–8, FCC (1) If one of the broadcast stations involved 91–182( released July 8, 1991), in order to de- is a ‘‘failed’’ station that has not been in op- termine whether common ownership, oper- eration due to financial distress for at least ation, or control of the stations in question four consecutive months immediately prior would be in the public interest. An author- to the application, or is a debtor in an invol- ized and operating ‘‘satellite’’ television sta- untary bankruptcy or insolvency proceeding tion, the Grade B contour of which overlaps at the time of the application.

336

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3555

(2) For paragraph (b) of this section only, if (a)(3), by revising Notes 2(b), 2(c), 2(f), 2(g), one of the television stations involved is a and 2(i) and by adding Notes 2(j) and 2(k), ef- ‘‘failing’’ station that has an all-day audi- fective Nov. 16, 1999. ence share of no more than four per cent; the 2. At 64 FR 50666, Sept. 17, 1999, § 73.5555 was station has had negative cash flow for three amended by revising paragraphs (b) and (c) consecutive years immediately prior to the and Note 7, effective Nov. 16, 1999. For the application; and consolidation of the two convenience of the user, the superseded text stations would result in tangible and is set forth as follows: verifiable public interest benefits that out- weigh any harm to competition and diver- § 73.3555 Multiple ownership.(a) * * * sity. (3) (i) Where the principal community con- (3) For paragraph (b) of this section only, if tours of two radio stations overlap and a the combination will result in the construc- party (including all parties under common tion of an unbuilt station. The permittee of control) with an attributable ownership in- the unbuilt station must demonstrate that it terest in one such station brokers more than has made reasonable efforts to construct but 15 percent of the broadcast time per week of has been unable to do so. the other such station, that party shall be NOTE 8: Paragraph (a)(1) of this section will treated as if it has an interest in the bro- not apply to an application for an AM sta- kered station subject to the limitations set tion license in the 535–1605 kHz band where forth in paragraph (a)(1) of this section. This grant of such application will result in the limitation shall apply regardless of the overlap of 5 mV/m groundwave contours of source of the brokered programming sup- the proposed station and that of another AM plied by the party to the brokered station. station in the 535–1605 kHz band that is com- (ii) Every time brokerage agreement of the monly owned, operated or controlled if the type described in paragraph (a)(3)(i) of this applicant shows that a significant reduction section shall be undertaken only pursuant to in interference to adjacent or co-channel sta- a signed written agreement that shall con- tions would accompany such common owner- tain a certification by the licensee or per- ship. Such AM overlap cases will be consid- mittee of the brokered station verifying that ered on a case-by-case basis to determine it maintains ultimate control over the sta- whether common ownership, operation or tion’s facilities, including specifically con- control of the stations in question would be trol over station finances, personnel and pro- in the public interest. Applicants in such gramming, and by the brokering station that cases must submit a contingent application the agreement complies with the provisions of the major or minor facilities change need- of paragraph (a) of this section. ed to achieve the interference reduction (4) * * * along with the application which seeks to (iii) ‘‘Time brokerage’’ is the sale by a li- create the 5 mV/m overlap situation. censee of discrete blocks of time to a NOTE 9: Paragraph (a)(1) of this section will ‘‘broker’’ that supplies the programming to not apply to an application for an AM sta- fill that time and sells the commercial spot tion license in the 1605–1705 kHz band where announcements in it. grant of such application will result in the (b) Television contour overlap (duopoly) rule. overlap of the 5 mV/m groundwave contours No license for a TV broadcast station shall of the proposed station and that of another be granted to any party (including all parties AM station in the 535–1605 kHz band that is under common control) if the grant of such commonly owned, operated or controlled. license will result in overlap of the Grade B Paragraphs (d)(1)(i) and (d)(1)(ii) of this sec- contour of that station (computed in accord- tion will not apply to an application for an ance with § 73.684) and the Grade B contour of AM station license in the 1605–1705 kHz band any other TV broadcast station directly or by an entity that owns, operates, controls or indirectly owned, operated, or controlled by has a cognizable interest in AM radio sta- the same party. tions in the 535–1605 kHz band. (c) One-to-a-market ownership rule. No li- NOTE 10: Authority for joint ownership cense for an AM, FM or TV broadcast station granted pursuant to Note 9 will expire at 3 shall be granted to any party (including all a.m. local time on the fifth anniversary for parties under common control) if such party the date of issuance of a construction permit directly or indirectly owns, operates or con- for an AM radio station in the 1605–1705 kHz trols one or more such broadcast stations band. and the grant of such license will result in: (1) The predicted or measured 2 mV/m [59 FR 49007, Sept. 26, 1994, as amended at 59 groundwave contour of an existing or pro- FR 62613, Dec. 6, 1994; 61 FR 10690 and 10692, posed AM station, computed in accordance Mar. 15, 1996; 64 FR 50645, 50666, Sept. 17, 1999] with § 73.183 or § 73.186, encompassing the en- EFFECTIVE DATE NOTES: 1. At 64 FR 50645, tire community of license of an existing or Sept. 17, 1999, § 73.3555 was amended by re- proposed TV broadcast station(s), or the moving paragraphs (a)(3) and (a)(4)(iii), re- Grade A contour(s) of the TV broadcast sta- designating paragraph (a)(4) as paragraph tion(s), computed in accordance with § 73.684,

337

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00337 Fmt 8010 Sfmt 8003 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3555 47 CFR Ch. I (10–1–99 Edition)

encompassing the entire community of li- partner has no material involvement, di- cense of the AM station; or rectly or indirectly, in the management or (2) The predicted 1 mV/m contour of an ex- operation of the media activities of the part- isting or proposed FM station, computed in nership. The criteria which would assume accordance with § 73.313, encompassing the adequate insulation for purposes of this cer- entire community of license of an existing or tification are described in the Memorandum proposed TV broadcast station(s), or the Opinion and Order in MM Docket No. 83–46, Grade A contour(s) of the TV broadcast sta- FCC 85–252 (released June 24, 1985), as modi- tion(s), computed in accordance with § 73.684, fied on reconsideration in the Memorandum encompassing the entire community of li- Opinion and Order in MM Docket No. 83–46, cense of the FM station. FCC 86–410 (released November 28, 1986). Irre- spective of the terms of the certificate of * * * * * limited partnership or partnership agreement, however, no such certification shall be NOTE 2: made if the individual or entity making the certification has actual knowledge of any * * * * * material involvement of the limited partners in the management or operation of the (b) No minority voting stock interest will media-related businesses of the partnership. be cognizable if there is a single holder of more than 50% of the outstanding voting * * * * * stock of the corporate broadcast licensee, cable television system or daily newspaper (i) Discrete ownership interests will be ag- in which the minority interest is held; gregated in determining whether or not an (c) Investment companies, as defined in 15 interest is cognizable under this section. An U.S.C. 80a–3, insurance companies and banks individual or entity will be deemed to have a holding stock through their trust depart- cognizable investment if: ments in trust accounts will be considered to (1) The sum of the interests held by or have a cognizable interest only if they hold through ‘‘passive investors’’ is equal to or 10% or more of the outstanding voting stock exceeds 10 percent; or of a corporate broadcast licensee, cable tele- (2) The sum of the interests other than vision system or daily newspaper, or if any those held by or through ‘‘passive investors’’ of the officers or directors of the broadcast is equal to or exceeds 5 percent; or licensee, cable television system or daily (3) The sum of the interests computed newspaper are representatives of the invest- under paragraph (i)(1) of this section plus the ment company, insurance company or bank sum of the interests computed under para- concerned. Holdings by a bank or insurance graph (i)(2) of this section is equal to or ex- company will be aggregated if the bank or ceeds 10 percent. insurance company has any right to determine how the stock will be voted. Holdings * * * * * by investment companies will be aggregated if under common management. NOTE 7: The Commission will entertain requests to waive the restrictions of paragraph * * * * * (c) of this section on a case-by-case basis. The Commission will look favorably upon (f) Holders of non-voting stock shall not be waiver applications that meet either of the attributed an interest in the issuing entity. following two standards: Holders of debt and instruments such as war- (1) Those involving radio and television rants, convertible debentures, options or station combinations in the top 25 television other non-voting interests with rights of markets where there will be at least 30 sepa- conversion to voting interests shall not be rately owned, operated and controlled broad- attributed unless and until conversion is ef- cast licensees after the proposed combina- fected. tion, as determined by counting television li- (g)(1) A limited partnership interest shall censees in the relevant ADI television mar- be attributed to a limited partner unless ket and radio licensees in the relevant tele- that partner is not materially involved, division metropolitan market; rectly or indirectly, in the management or (2) Those involving ‘‘failed’’ broadcast sta- operation of the media-related activities of tions that have not been operated for a sub- the partnership and the licensee or system so stantial period of time, e.g., four months, or certifies. that are involved in bankruptcy proceedings. (2) In order for a licensee or system to For the purposes of determining the top 25 make the certification set forth in paragraph ADI television markets, the relevant ADI (g)(1) of this section, it must verify that the television market, and the relevant tele- partnership agreement or certificate of lim- vision metropolitan market for each pro- ited partnership, with respect to the par- spective combination, we will use the most ticular limited partner exempt from attribu- recent Arbitron Ratings Televison ADI Market tion, establishes that the exempt limited Guide. We will determine that number of

338

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00338 Fmt 8010 Sfmt 8003 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3564

radio stations in the relevant television met- § 73.3561 Staff consideration of appli- ropolitan market and the number of tele- cations requiring Commission ac- vision licensees within the relevant ADI tele- tion. vision market based on the most recent Commission ownership records. Upon acceptance of an application, Other waiver requests will be evaluated on the complete file is reviewed by the a more rigorous case-by-case basis, as set staff and, except where the application forth in the Second Report and Order in MM is acted upon by the staff pursuant to Docket No. 87–7, FCC 88–407, released Feb- delegation of authority, a report con- ruary 23, 1989, and Memorandum Opinion and taining the recommendations of the Order in MM Docket No. 87–7, FCC 89–256, re- staff and any other documents required leased August 4, 1989. is prepared and placed on the Commis- sion’s agenda. * * * * * [44 FR 38499, July 2, 1979] § 73.3556 Duplication of programming § 73.3562 Staff consideration of appli- on commonly owned or time bro- cations not requiring action by the kered stations. Commission. (a) No commercial AM or FM radio Those applications which do not re- station shall operate so as to devote quire action by the Commission but more than 25 percent of the total hours which, pursuant to the delegations of in its average broadcast week to pro- authority set forth in subpart B of part grams that duplicate those of any sta- 0, may be acted upon by the Chief, tion in the same service (AM or FM) Mass Media Bureau, are forwarded to which is commonly owned or with the Mass Media Bureau for necessary which it has a time brokerage agree- action. If the application is granted, ment if the principal community con- the formal authorization is issued. In tours (predicted or measured 5 mV/m any case where it is recommended that groundwave for AM stations and pre- the application be set for hearing, dicted 3.16 mV/m for FM stations) of where a novel question of policy is pre- the stations overlap and the overlap sented, or where the Chief, Mass Media constitutes more than 50 percent of the Bureau desires instructions from the total principal community contour Commission, the matter is placed on service area of either station. the Commission agenda. (b) For purposes of this section, du- [49 FR 14509, Apr. 12, 1984] plication means the broadcasting of identical programs within any 24 hour § 73.3564 Acceptance of applications. period. (a)(1) Applications tendered for filing (c) Any party engaged in a time bro- are dated upon receipt and then for- kerage arrangement which conflicts warded to the Mass Media Bureau, with the requirements of paragraph (a) where an administrative examination of this section on September 16, 1992, is made to ascertain whether the appli- shall bring that arrangement into com- cations are complete. Except for appli- pliance within one year thereafter. cations for minor modifications of fa- [57 FR 18093, Apr. 29, 1992, as amended at 57 cilities in the non-reserved FM band, as FR 42706, Sept. 16, 1992] defined in § 73.3573(a)(2), long form applications subject to the provisions of EFFECTIVE DATE NOTE: At 57 FR 18093, Apr. § 73.5005 found to be complete or sub- 29, 1992, § 73.3556 was added, effective August stantially complete are accepted for 1, 1992. At 57 FR 35763, Aug. 11, 1992, the effec- filing and are given file numbers. In tive date was deferred pending action by the the case of minor defects as to com- agency. At 57 FR 37888, Aug. 21, 1992, the ef- pleteness, a deficiency letter will be fective date was further deferred. At 57 FR 42706, Sept. 16, 1992, paragraph (a) was revised issued and the applicant will be re- and paragraph (c) was added, effective Sep- quired to supply the missing or correc- tember 16, 1992. The agency will publish a no- tive information. Applications that are tice of the effective date of paragraph (b) in not substantially complete will not be the FEDERAL REGISTER at a later date. considered and will be returned to the applicant.

339

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3566 47 CFR Ch. I (10–1–99 Edition)

(2) In the case of minor modifications local notice requirements of § 73.3580(h) of facilities in the non-reserved FM has been made in the tendered applica- band, applications will be placed on tion. public notice if they meet the fol- (d) The FCC will specify by Public lowing two-tiered minimum filing re- Notice, pursuant to § 73.5002, a period quirement as initially filed in first for filing applications for new stations come/first served proceedings: or for major modifications in the facili- (i) The application must include: ties of an existing station. Except for (A) Applicant’s name and address, reserved band FM stations and TV sta- (B) Applicant’s original signature, tions on reserved noncommercial edu- (C) Principal community, cational channels, applications for new (D) Channel or frequency, and major modifications in facilities (E) Class of station, and will be accepted only during these win- (F) Transmitter site coordinates; and dow filing periods specified by the (ii) The application must not omit Commission. more than 3 of the second tier items (e) Applications for minor modifica- specified in appendix C, Report and tion of facilities may be tendered at Order, MM Docket No. 91–347, FCC 92– any time, unless restricted by the FCC. 328, 7 FCC Rcd 5074 (1992). Applications These applications will be processed on found not to meet minimum filing re- a ‘‘first come/first served’’ basis and quirements will be returned to the ap- will be treated as simultaneously ten- plicant. Applications found to meet dered if filed on the same day. Any ap- minimum filing requirements, but that plications received after the filing of a contain deficiencies in tender and/or lead application will be grouped ac- acceptance information, shall be given cording to filing date, and placed in a an opportunity for corrective amend- queue behind the lead applicant. The ment pursuant to § 73.3522. Applications FCC will periodically release a Public found to be substantially complete and Notice listing those minor modifica- in accordance with the Commission’s tion of facilities applications accepted core legal and technical requirements for filing. will be accepted for filing. Applications (f) If a non-reserved band FM channel with uncorrected tender and/or accept- allotment becomes vacant, after the ance defects remaining after the oppor- grant of a construction permit becomes tunity for corrective amendment will final, because of a lapsed construction be dismissed with no further oppor- permit or for any other reason, the tunity for corrective amendment. FCC will, by Public Notice, announce a (b) Acceptance of an application for subsequent filing window for the ac- filing merely means that it has been ceptance of new applications for such the subject of a preliminary review by channels. the FCC’s administrative staff as to (g) Applications for operation in the completeness. Such acceptance will not 1605–1705 kHz band will be accepted preclude the subsequent dismissal of only if filed pursuant to the terms of the application if it is found to be pat- § 73.30(b). ently not in accordance with the FCC’s rules. [63 FR 48624, Sept. 11, 1998] (c) At regular intervals, the FCC will issue a Public Notice listing all long § 73.3566 Defective applications. form applications which have been ac- (a) Applications which are deter- cepted for filing. Pursuant to mined to be patently not in accordance §§ 73.3571(h), 73.3572, and 73.3573(f), such with the FCC rules, regulations, or notice shall establish a cut-off date for other requirements, unless accom- the filing of petitions to deny. With re- panied by an appropriate request for spect to reserved band FM applica- waiver, will be considered defective and tions, the Public Notice shall also es- will not be accepted for filing or if in- tablish a cut-off date for the filing of advertently accepted for filing will be mutually exclusive applications pursu- dismissed. Requests for waiver shall ant to § 73.3573(e). However, no applica- show the nature of the waiver or exception will be accepted for filing unless tion desired and shall set forth the rea- certification of compliance with the sons in support thereof.

340

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3571

(b) If an applicant is requested by the cepted for filing will be regarded as a FCC to file any additional documents request for dismissal. or information not included in the pre- [63 FR 48624, Sept. 11, 1998] scribed application form, a failure to comply with such request will be § 73.3571 Processing of AM broadcast deemed to render the application defec- station applications. tive, and such application will be dis- (a) Applications for AM broadcast fa- missed. cilities are divided into three groups. [44 FR 38499, July 2, 1979] (1) In the first group are applications for new stations or for major changes § 73.3568 Dismissal of applications. in the facilities of authorized stations. (a) (1) Failure to prosecute an appli- A major change for an AM station authorized under this part is any change cation, or failure to respond to official in community of license or in fre- correspondence or request for addi- quency, except frequency changes to tional information, will be cause for non-expanded band first, second or dismissal. third adjacent channels. A major (2) Applicants in all broadcast serv- change in ownership is a situation ices subject to competitive bidding will where the original party or parties to be subject to the provisions of §§ 73.5002 the application do not retain more and 1.2105(b) regarding the dismissal of than 50% ownership interest in the ap- their short-form applications. plication as originally filed. All other (3) Applicants in all broadcast serv- changes will be considered minor. ices subject to competitive bidding will (2) The second group consists of ap- be subject to the provisions of §§ 73.5004, plications for licenses and all other 73.5005 and 1.2104(g) regarding the dis- changes in the facilities of authorized missal of their long-form applications stations. and the imposition of applicable with- (3) The third group consists of appli- drawal, default and disqualification cations for operation in the 1605–1705 payments. kHz band which are filed subsequent to (b)(1) Subject to the provisions of FCC notification that allotments have § 73.3525, dismissal of applications for been awarded to petitioners under the channels reserved for noncommercial procedure specified in § 73.30. educational use will be without preju- (b)(1) The FCC may, after acceptance dice where an application has not yet of an application for modification of fa- been designated for hearing, but may cilities, advise the applicant that such be made with prejudice after designa- application is considered to be one for tion for hearing. a major change and therefore is subject (2) Subject to the provisions of to the provisions of §§ 73.3522, 73.3580 § 73.3525, requests to dismiss an applica- and 1.1111 of this chapter pertaining to tion for a channel reserved for non- major changes. Such major modifica- commercial educational use, without tion applications will be dismissed as prejudice, after it has been designated set forth in paragraph (h)(1)(i) of this for hearing, will be considered only section. upon written petition properly served (2) An amendment to an application upon all parties of record. Such re- which would effect a major change, as quests shall be granted only upon a defined in paragraph (a)(1) of this sec- showing that the request is based on tion, will not be accepted except as circumstances wholly beyond the appli- provided for in paragraph (h)(1)(i) of cant’s control which preclude further this section. prosecution of his application. (c) An application for changes in the (c) Subject to the provisions of facilities of an existing station will §§ 73.3523 and 73.3525, any application continue to carry the same file number for minor modification of facilities even though (pursuant to FCC ap- may, upon request of the applicant, be proval) an assignment of license or dismissed without prejudice as a mat- transfer of control of said licensee or ter of right. permittee has taken place if, upon con- (d) An applicant’s request for the re- summation, the application is amended turn of an application that has been ac- to reflect the new ownership.

341

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3571 47 CFR Ch. I (10–1–99 Edition)

(d) If, upon examination, the FCC limited-time Class III stations if they finds that the public interest, conven- are assigned to regional channels. ience and necessity will be served by (iii) Stations accepting such modi- the granting of an application, the fication that are authorized to operate same will be granted. If the FCC is un- during nighttime hours at powers less able to make such a finding and it ap- than 0.25 kW, and that cannot with pears that a hearing may be required, such powers attain RMS field strengths the procedure set forth in § 73.3593 will of 141 mV/m or more at 1 kilometer, be followed. shall be redesignated as Class II–S sta- (e) Applications proposing to in- tions if they are assigned to 940 or 1550 crease the power of an AM station are kHz, and as Class III–S stations if they subject to the following requirements: are assigned to regional channels. (1) In order to be acceptable for filing, any application which does not in- (iv) Applications for new stations volve a change in site must propose at may be filed at any time on 940 and least a 20% increase in the station’s 1550 kHz and on the regional channels. nominal power. Also, stations assigned to 940 or 1550 (2) Applications involving a change in kHz, or to the regional channels, may site are not subject to the require- at any time, regardless of their classi- ments in paragraph (e)(1) of this sec- fications, apply for power increases up tion. to the maximum generally permitted. (3) Applications for nighttime power Such applications for new or changed increases for Class D stations are not facilities will be granted without tak- subject to the requirements of this sec- ing into account interference caused to tion and will be processed as minor Class II–S or Class III–S stations, but changes. will be required to show interference (4) The following special procedures protection to other classes of stations, will be followed in authorizing Class II– including stations that were previously D daytime-only stations on 940 and 1550 classified as Class II–S or Class III–S, kHz, and Class III daytime-only sta- but were later reclassified as Class II– tions on the 41 regional channels listed B or Class III unlimited-time stations in § 73.26(a), to operate unlimited-time. as a result of subsequent facilities (i) Each eligible daytime-only station modifications that permitted power in- in the foregoing categories will receive creases qualifying them to discontinue an Order to Show Cause why its license their ‘‘S’’ subclassification. should not be modified to specify operation during nighttime hours with the (f) Applications for minor modifica- facilities it is licensed to start using at tions for AM broadcast stations, as de- local sunrise, using the power stated in fined in paragraph (a)(2) of this section, the Order to Show Cause, that the may be filed at any time, unless re- Commission finds is the highest night- stricted by the FCC, and will be proc- time level—not exceeding 0.5 kW—at essed on a ‘‘first come/first served’’ which the station could operate with- basis, with the first acceptable applica- out causing prohibited interference to tion cutting off the filing rights of sub- other domestic or foreign stations, or sequent, conflicting applicants. The to co-channel or adjacent channel sta- FCC will periodically release a Public tions for which pending applications Notice listing those applications ac- were filed before December 1, 1987. cepted for filing. Applications received (ii) Stations accepting such modifica- on the same day will be treated as sition shall be reclassified. Those author- multaneously filed and, if they are ized in such Show Cause Orders to op- found to be mutually exclusive, must erate during nighttime hours with a be resolved through settlement or tech- power of 0.25 kW or more, or with a nical amendment. Conflicting applica- power that, although less than 0.25 kW, tions received after the filing of a first is sufficient to enable them to attain acceptable application will be grouped, RMS field strengths of 141 mV/m or according to filing date, behind the more at 1 kilometer, shall be redesig- lead application in a queue. The pri- nated as Class II–B stations if they are assigned to 940 or 1550 kHz, and as un- ority rights of the lead applicant,

342

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3571

against all other applicants, are deter- garding the modification and dismissal mined by the date of filing, but the fil- of their short-form applications. ing date for subsequent, conflicting ap- (2) Subsequently, the FCC will re- plicants only reserves a place in the lease Public Notices: queue. The rights of an applicant in a (i) identifying the short-form appli- queue ripen only upon a final deter- cations received during the window fil- mination that the lead applicant is un- ing period which are found to be mutu- acceptable and if the queue member is ally exclusive; reached and found acceptable. The (ii) establishing a date, time and queue will remain behind the lead ap- place for an auction; plicant until a construction permit is finally granted, at which time the (iii) providing information regarding queue dissolves. the methodology of competitive bid- (g) Applications for change of license ding to be used in the upcoming auc- to change hours of operation of a Class tion, bid submission and payment pro- C AM broadcast station, to decrease cedures, upfront payment procedures, hours of operation of any other class of upfront payment deadlines, minimum station, or to change station location opening bid requirements and applica- involving no change in transmitter site ble reserve prices in accordance with will be considered without reference to the provisions of § 73.5002; the processing line. (iv) identifying applicants who have (h) Processing new and major AM submitted timely upfront payments broadcast station applications. (1)(i) The and, thus, are qualified to bid in the FCC will specify by Public Notice, pur- auction. suant to § 73.5002, a period for filing AM (3) If, during the window filing pe- applications for a new station or for riod, the FCC receives non-mutually major modifications in the facilities of exclusive AM applications, a Public an authorized station. AM applications Notice will be released identifying the for new facilities or for major modi- non-mutually exclusive applicants, fications will be accepted only during who will be required to submit the ap- these specified periods. Applications propriate long form application within submitted prior to the appropriate filing period or ‘‘window’’ opening date 30 days of the Public Notice and pursu- identified in the Public Notice will be ant to the provisions of § 73.5005(d). returned as premature. Applications These non-mutually exclusive applica- submitted after the specified deadline tions will be processed and the FCC will be dismissed with prejudice as un- will periodically release a Public No- timely. tice listing such non-mutually exclu- (ii) Such AM applicants will be sub- sive applications determined to be ac- ject to the provisions of §§ 1.2105 and ceptable for filing and announcing a 73.5002 regarding the submission of the date by which petitions to deny must short-form application, FCC Form 175, be filed in accordance with the provi- and all appropriate certifications, in- sions of §§ 73.5006 and 73.3584. If the ap- formation and exhibits contained plicant is duly qualified, and upon ex- therein. To determine which AM appli- amination, the FCC finds that the pub- cations are mutually exclusive, AM ap- lic interest, convenience and necessity plicants must submit the engineering will be served by the granting of the data contained in FCC Form 301 as a non-mutually exclusive long form ap- supplement to the short-form applica- plication, the same will be granted. tion. Such engineering data will not be (4)(i) The auction will be held pursu- studied for technical acceptability, but ant to the procedures set forth in will be protected from subsequently §§ 1.2101 et seq. and 73.5000 et seq. Subse- filed applications as of the close of the quent to the auction, the FCC will re- window filing period. Determinations as to the acceptability or grantability lease a Public Notice announcing the of an applicant’s proposal will not be close of the auction and identifying the made prior to an auction. winning bidders. Winning bidders will (iii) AM applicants will be subject to be subject to the provisions of §§ 1.2107 the provisions of §§ 1.2105 and 73.5002 re- and 73.5003 regarding down payments

343

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3572 47 CFR Ch. I (10–1–99 Edition)

and will be required to submit the ap- quest for a facility modification, the propriate down payment within 10 busi- Commission will not consider mutually ness days of the Public Notice. Pursu- exclusive applications by other parties ant to §§ 1.2107 and 73.5005, a winning that would not protect the currently bidder that meets its down payment authorized facilities of the contingent obligations in a timely manner must, applicants. Such major change applica- within 30 days of the release of the tions remain, however, subject to the Public Notice announcing the close of provisions of §§ 73.3580 and 1.1111. The the auction, submit the appropriate Commission shall grant contingent re- long-form application for each con- quests for construction permits for sta- struction permit for which it was the tion modifications only upon a finding winning bidder. Long-form applications that such action will promote the pub- filed by winning bidders shall include lic interest, convenience and necessity. the exhibits identified in § 73.5005(a). [63 FR 48625, Sept. 11, 1998, as amended at 64 (ii) These applications will be proc- FR 19501, Apr. 21, 1999] essed and the FCC will periodically release a Public Notice listing such ap- § 73.3572 Processing of TV broadcast, plications that have been accepted for low power TV, TV translator and filing and announcing a date by which TV booster station applications. petitions to deny must be filed in ac- (a) Applications for TV stations are cordance with the provisions of divided into two groups: §§ 73.5006 and 73.3584. If the applicant is (1) In the first group are applications duly qualified, and upon examination, for new stations or major changes in the FCC finds that the public interest, the facilities of authorized stations. A convenience and necessity will be major change for TV broadcast sta- served by the granting of the winning tions authorized under this part is any bidder’s long-form application, a Pub- change in frequency or community of lic Notice will be issued announcing license which is in accord with a that the construction permit is ready present allotment contained in the to be granted. Each winning bidder Table of Allotments (§ 73.606). Other re- shall pay the balance of its winning bid quests for change in frequency or com- in a lump sum within 10 business days munity of license for TV broadcast sta- after release of the Public Notice, as tions must first be submitted in the set forth in §§ 1.2109(a) and 73.5003. Con- form of a petition for rulemaking to struction permits will be granted by amend the Table of Allotments. In the the Commission following the receipt case of low power TV, TV translator, of the full payment. and TV booster stations authorized (iii) All long-form applications will under part 74 of this chapter, a major be cutoff as of the date of filing with change is any change in: the FCC and will be protected from (i) Frequency (output channel) as- subsequently filed long-form applica- signment (does not apply to TV boost- tions. Applications will be required to ers); protect all previously filed commercial (ii) Transmitting antenna system in- and noncommercial applications. Win- cluding the direction of the radiation, ning bidders filing long-form applica- directive antenna pattern or trans- tions may change the technical pro- mission line; posals specified in their previously sub- (iii) Antenna height; mitted short-form applications, but (iv) Antenna location exceeding 200 such change may not constitute a meters; or major change. If the submitted long- (v) Authorized operating power. form application would constitute a (2) However, if the proposed modifica- major change from the proposal sub- tion of facilities, other than a change mitted in the short-form application, in frequency, will not increase the sig- the long-form application will be re- nal range of the low power TV, TV turned pursuant to paragraph (h)(1)(i) translator or TV booster station in any of this section. horizontal direction, the modification (i) In order to grant a major or minor will not be considered a major change. change application made contingent (i) Provided that in the case of an au- upon the grant of another licensee’s re- thorized low power TV, TV translator

344

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3572

or TV booster which is predicted to (iv) Provided further, that the FCC cause or receive interference to or from may, within 15 days after acceptance of an authorized TV broadcast station any other application for modification pursuant to § 74.705 or interference with of facilities, advise the applicant that broadcast or other services under such application is considered to be one § 74.703 or § 74.709, that an application for a major change and therefore sub- for a change in output channel, to- ject to the provisions of §§ 73.3522, gether with technical modifications 73.3580, and 1.1111 of this chapter per- which are necessary to avoid inter- taining to major changes. Such major ference (including a change in antenna modification applications filed for low location of less than 16.1 km), will not power TV, TV translator, TV booster be considered as an application for a stations, and for a non-reserved tele- major change in those facilities. vision allotment, are subject to com- (ii) Provided further, that a low petitive bidding procedures and will be power TV, TV translator or TV booster dismissed if filed outside a specified fil- station: authorized on a channel from ing period. See 47 CFR 73.5002(a). channel 60 to 69, or which is causing or (b) A new file number will be as- receiving interference or is predicted signed to an application for a new sta- to cause or receive interference to or tion or for major changes in the facili- from an authorized DTV station pursu- ties of an authorized station, when it is ant to § 74.706, or which is located with- amended so as to effect a major in the distances specified below in change, as defined in paragraph (a)(1) paragraph (iii) of this section to the co- of this section, or result in a situation ordinates of co-channel DTV authoriza- where the original party or parties to tions (or allotment table coordinates if the application do not retain more there are no authorized facilities at different coordinates), may at any time than 50% ownership interest in the ap- file a displacement relief application plication as originally filed and § 73.3580 for a change in output channel, to- will apply to such amended applica- gether with any technical modification. An application for change in the tions which are necessary to avoid in- facilities of any existing station will terference or continue serving the sta- continue to carry the same file number tion’s protected service area. Such an even though (pursuant to FCC ap- application will not be considered as an proval) an assignment of license or application for a major change in those transfer of control of such licensee or facilities. Where such an application is permittee has taken place if, upon con- mutually exclusive with applications summation, the application is amended for new low power TV, TV translator or to reflect the new ownership. TV booster stations, or with other non- (c) Amendments to low power TV, TV displacement relief applications for fa- translator, TV booster stations, or non- cilities modifications, priority will be reserved television applications, which afforded to the displacement applica- would require a new file number pursu- tion(s) to the exclusion of the other ap- ant to paragraph (b) of this section, are plications. subject to competitive bidding proce- (iii)(A) The geographic separations to dures and will be dismissed if filed out- co-channel DTV facilities or allotment side a specified filing period. See 47 reference coordinates, as applicable, CFR 73.5002(a). When an amendment to within which to qualify for displace- an application for a reserved television ment relief are the following: allotment would require a new file (1) Stations on UHF channels: 265 km number pursuant to paragraph (b) of (162 miles) this section, the applicant will have (2) Stations on VHF channels 2–6: 280 the opportunity to withdraw the km (171 miles) amendment at any time prior to des- (3) Stations on VHF channels 7–13: 260 ignation for a hearing if applicable; km (159 miles) and may be afforded, subject to the dis- (B) Engineering showings of pre- cretion 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.

345

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3573 47 CFR Ch. I (10–1–99 Edition)

(d) Applications for TV stations on in the facilities of authorized stations. reserved noncommercial educational A major change for an FM station au- channels will be processed as nearly as thorized under this part is any change possible in the order in which they are in frequency or community of license filed. Such applications will be placed which is in accord with a present allot- in the processing line in numerical se- ment contained in the Table of Allot- quence, and will be drawn by the staff ments (§ 73.202(b)) of this part. A li- for study, the lowest file number first. censee or permittee may seek the high- In order that those applications which er or lower class adjacent channel, in- are entitled to be grouped for proc- termediate frequency or co-channel or essing may be fixed prior to the time the same class adjacent channel of its processing of the earliest filed applica- existing FM broadcast station author- tion is begun, the FCC will periodically ization by filing a minor change appli- release a Public Notice listing applications which have been accepted for fil- cation. Other requests for change in ing and announcing a date (not less frequency or community of license for than 30 days after issuance) on which FM stations must first be submitted in the listed applications will be consid- the form of a petition for rule making ered available and ready for processing to amend the Table of Allotments. and by which all mutually exclusive Long-form applications submitted pur- applications and petitions to deny the suant to § 73.5005 of this part for a new listed applications must be filed. FM broadcast service may propose a (e)(1) The FCC will specify by Public higher or lower class adjacent channel, Notice, pursuant to § 73.5002, a period intermediate frequency or co-channel. for filing applications for a new non-re- For reserved frequency noncommercial served television, low power TV and TV educational and Class D FM stations, a translator stations or for major modi- major change is any change in commu- fications in the facilities of such au- nity of license, any change in fre- thorized station. quency except changes to first, second (2) Such applicants shall be subject or third adjacent channels, and any to the provisions of §§ 1.2105 and com- change in antenna location where the petitive bidding procedures. See 47 CFR station would not continue to provide 1 73.5000 et seq. mV/m service to some portion of its (f) Applications for minor modifica- previously authorized 1 mV/m service tions for television broadcast, low area. A major change in ownership is a power television and TV translator sta- situation where the original party or tions, as defined in paragraph (a)(2) of parties to the application do not retain this section, may be filed at any time, more than 50% ownership interest in unless restricted by the FCC, and, generally, will be processed in the order in the application as originally filed. which they are tendered. (2) The second group consists of ap- (g) TV booster station applications plications for licenses and all other may be filed at any time. Subsequent changes in the facilities of authorized to filing, the FCC will release a Public stations. Notice accepting for filing and pro- (b)(1) The FCC may, after the accept- posing for grant those applications ance of an application for modification which are not mutually exclusive with of facilities, advise the applicant that any other TV translator, low power such application is considered to be one TV, or TV booster application, and pro- for a major change and therefore sub- viding for the filing of Petitions To ject to the provisions of §§ 73.3522, Deny pursuant to § 73.3584. 73.3580 and 1.1111 of this chapter per- [63 FR 48626, Sept. 11, 1998] taining to major changes. Such major modification applications in the non- § 73.3573 Processing FM broadcast sta- reserved band will be dismissed as set tion applications. forth in paragraph (f)(2)(i) of this sec- (a) Applications for FM broadcast tion. stations are divided into two groups: (2) An amendment to a non-reserved (1) In the first group are applications band application which would effect a for new stations or for major changes major change, as defined in paragraph

346

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3573

(a)(1) of this section, will not be ac- listed applications will be considered cepted, except as provided for in para- available and ready for processing and graph (f)(2)(i) of this section. by which all mutually exclusive appli- (3) A new file number will be assigned cations and/or petitions to deny the to a reserved band application for a listed applications must be filed. Appli- new station or for major changes in the cations for minor modifications for re- facilities of an authorized station, served frequency noncommercial edu- when it is amended so as to effect a cational and Class D FM broadcast sta- major change, as defined in paragraph tions, as defined in paragraph (a)(2) of (a)(1) of this section. Where an amend- this section, may be filed at any time, ment to a reserved band application unless restricted by the FCC, and will would require a new file number, the be processed on a ‘‘first come/first applicant will have the opportunity to served’’ basis, with the first acceptable withdraw the amendment at any time application cutting off the filing rights prior to designation for hearing, if ap- of subsequent, competing applicants. plicable; and may be afforded, subject The FCC will periodically release a to the discretion of the Administrative Public Notice listing those applica- Law Judge, an opportunity to with- tions accepted for filing. Conflicting draw the amendment after designation applications received on the same day for hearing. will be treated as simultaneously filed (c) An application for changes in the and mutually exclusive. Conflicting ap- facilities of any existing station will plications received after the filing of a continue to carry the same file number first acceptable application will be even though (pursuant to FCC ap- grouped, according to filing date, be- proval) an assignment of license or hind the lead application in a queue. transfer of control of such licensee or The priority rights of the lead appli- permittee has taken place if, upon consummation, the application is amended cant, against all other applicants, are to reflect the new ownership. determined by the date of filing, but (d) If, upon examination, the FCC the filing date for subsequent, con- finds that the public interest, conven- flicting applicants only reserves a ience and necessity will be served by place in the queue. The rights of an ap- the granting of an application for FM plicant in a queue ripen only upon a broadcast facilities, the same will be final determination that the lead appli- granted. If the FCC is unable to make cant is unacceptable and if the queue such a finding and it appears that a member is reached and found accept- hearing may be required, the procedure able. The queue will remain behind the given in § 73.3593 will be followed. lead applicant until a construction per- (e) Applications for new reserved fre- mit is finally granted, at which time quency noncommercial educational FM the queue dissolves. stations and for major modifications in (f) Processing non-reserved FM broad- the facilities of authorized reserved cast station applications. (1) Applica- frequency noncommercial educational tions for minor modifications for non- and Class D FM broadcast stations will reserved FM broadcast stations, as de- be processed as nearly as possible in fined in paragraph (a)(2) of this section, the order in which they are filed. Such may be filed at any time, unless re- applications will be placed in the proc- stricted by the FCC, and, generally, essing line in numerical sequence, and will be processed in the order in which will be drawn by the staff for study, they are tendered. The FCC will peri- the lowest file number first. In order odically release a Public Notice listing that those applications which are enti- those applications accepted for filing. tled to be grouped for processing may Processing of these applications will be be fixed prior to the time processing of on a ‘‘first come/first serve’’ basis with the earliest filed application is begun, the first acceptable application cutting the FCC will periodically release a off the filing rights of subsequent ap- Public Notice listing applications plicants. All applications received on which have been accepted for filing and the same day will be treated as simul- announcing a date (not less than 30 taneously tendered and, if they are days after publication) on which the found to be mutually exclusive, must

347

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3573 47 CFR Ch. I (10–1–99 Edition)

be resolved through settlement or tech- (i) Identifying the short-form appli- nical amendment. Applications re- cations received during the window fil- ceived after the tender of a lead appli- ing period which are found to be mutu- cation will be grouped, according to fil- ally exclusive; ing date, behind the lead application in (ii) Establishing a date, time and a queue. The priority rights of the lead place for an auction; applicant, as against all other appli- (iii) Providing information regarding cants, are determined by the date of the methodology of competitive bid- filing, but the filing date for subse- ding to be used in the upcoming auc- quent applicants for that channel and tion, bid submission and payment pro- community only reserves a place in the cedures, upfront payment procedures, queue. The rights of an applicant in a upfront payment deadlines, minimum queue ripen only upon a final deter- opening bid requirements and applica- mination that the lead applicant is un- ble reserve prices in accordance with acceptable and if the queue member is the provisions of § 73.5002; reached and found acceptable. The (iv) Identifying applicants who have queue will remain behind the lead ap- submitted timely upfront payments plicant until a construction permit is and, thus, are qualified to bid in the finally granted, at which time the auction. queue dissolves. (4) If, after the close of the appro- (2) (i) The FCC will specify by Public priate window filing period, a non-re- Notice, pursuant to § 73.5002(a), a period served FM allotment remains vacant, for filing non-reserved band FM appli- the window remains closed until the cations for a new station or for major FCC, by Public Notice, specifies a sub- modifications in the facilities of an au- sequent period for filing non-reserved thorized station. FM applications for band FM applications for a new station new facilities or for major modifica- or for major modifications in the facili- tions will be accepted only during the ties of an authorized station pursuant appropriate filing period or ‘‘window.’’ to paragraph (f)(2)(i) of this section. If, Applications submitted prior to the during the window filing period, the window opening date identified in the FCC receives only one application for Public Notice will be returned as pre- any non-reserved FM allotment, a Pub- mature. Applications submitted after lic Notice will be released identifying the specified deadline will be dismissed the non-mutually exclusive applicant, with prejudice as untimely. who will be required to submit the ap- (ii) Such FM applicants will be sub- propriate long-form application within ject to the provisions of §§ 1.2105 and 30 days of the Public Notice and pursu- 73.5002 regarding the submission of the ant to the provisions of § 73.5005. These short-form application, FCC Form 175, non-mutually exclusive applications and all appropriate certifications, in- will be processed and the FCC will peri- formation and exhibits contained odically release a Public Notice listing therein. FM applicants may submit a such non-mutually exclusive applica- set of preferred site coordinates as a tions determined to be acceptable for supplement to the short-form applica- filing and announcing a date by which tion. Any specific site indicated by FM petitions to deny must be filed in ac- applicants will not be studied for tech- cordance with the provisions of nical acceptability, but will be pro- §§ 73.5006 and 73.3584 of this chapter. If tected from subsequently filed applica- the applicant is duly qualified, and tions as a full-class facility as of the upon examination, the FCC finds that close of the window filing period. De- the public interest, convenience and terminations as to the acceptability or necessity will be served by the grant- grantability of an applicant’s proposal ing of the non-mutually exclusive long- will not be made prior to an auction. form application, it will be granted. (iii) FM applicants will be subject to (5)(i) The auction will be held pursu- the provisions of §§ 1.2105 and 73.5002(c) ant to the procedures set forth in regarding the modification and dis- §§ 1.2101 et seq. and 73.5000 et seq. Subse- missal of their short-form applications. quent to the auction, the FCC will re- (3) Subsequently, the FCC will release a Public Notice announcing the lease Public Notices: close of the auction and identifying the

348

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3574

winning bidders. Winning bidders will returned pursuant to paragraph (f)(2)(i) be subject to the provisions of §§ 1.2107 of this section. and 73.5003 regarding down payments NOTE 1 TO § 73.3573: Applications to modify and will be required to submit the ap- the channel and/or class of an FM broadcast propriate down payment within 10 busi- station to an adjacent channel, intermediate ness days of the Public Notice. Pursu- frequency (IF) channel, or co-channel shall ant to §§ 1.2107 and 73.5005, a winning not require any other amendments to the Table of Allotments. Such applications may bidder that meets its down payment resort to the provisions of the Commission’s obligations in a timely manner must, Rules permitting short spaced stations as set within 30 days of the release of the pub- forth in § 73.215 as long as the applicant lic notice announcing the close of the shows by separate exhibit attached to the auction, submit the appropriate long- application the existence of an allotment form application for each construction reference site which meets the allotment permit for which it was the winning standards, the minimum spacing require- bidder. Long-form applications filed by ments of § 73.207 and the city grade coverage requirements of § 73.315. This exhibit must winning bidders shall include the ex- include a site map or, in the alternative, a hibits identified in § 73.5005(a). statement that the transmitter will be lo- (ii) These applications will be proc- cated on an existing tower. Examples of un- essed and the FCC will periodically re- suitable allotment reference sites include lease a Public Notice listing such ap- those which are offshore, in a national or plications that have been accepted for state park in which tower construction is filing and announcing a date by which prohibited, on an airport, or otherwise in an petitions to deny must be filed in ac- area which would necessarily present a hazard to air navigation. cordance with the provisions of NOTE 2 TO § 73.3573: Processing of applica- §§ 73.5006 and 73.3584 of this chapter. If tions for new low power educational FM ap- the applicant is duly qualified, and plications: Pending the Commission’s re- upon examination, the FCC finds that study of the impact of the rule changes per- the public interest, convenience and taining to the allocations of 10-watt and necessity will be served by the grant- other low power noncommercial educational ing of the winning bidder’s long-form FM stations, applications for such new sta- application, a Public Notice will be tions, or major changes in existing ones, will issued announcing that the construc- not be accepted for filing. Exceptions are: (1) In Alaska, applications for new Class D station permit is ready to be granted. tions or major changes in existing ones are Each winning bidder shall pay the bal- acceptable for filing; and (2) applications for ance of its winning bid in a lump sum existing Class D stations to change fre- within 10 business days after release of quency are acceptable for filing. In (2), upon the Public Notice, as set forth in the grant of such application, the station §§ 1.2109(a) and 73.5003(c). Construction shall become a Class D (secondary) station. permits will be granted by the Commis- (See First Report and Order, Docket 20735, sion following the receipt of the full FCC 78–386, 43 FR 25821, and Second Report and Order, Docket 20735, FCC 78–384, 43 FR payment. 39704.) Effective date of this FCC imposed (iii) All long-form applications will ‘‘freeze’’ was June 15, 1978. Applications be cut-off as of the date of filing with which specify facilities of at least 100 watts the FCC and will be protected from effective radiated power will be accepted for subsequently filed long-form applica- filing. tions and rulemaking petitions. Appli- NOTE 3 TO § 73.3573: For rules on processing cations will be required to protect all FM translator and booster stations, see previously filed commercial and non- § 74.1233 of this chapter. commercial applications. Winning bid- [63 FR 48627, Sept. 11, 1998, as amended at 64 ders filing long-form applications may FR 19502, Apr. 21, 1999] change the technical proposals specified in their previously submitted § 73.3574 Processing of international short-form applications, but such broadcast station applications. change may not constitute a major (a) Applications for International change. If the submitted long-form ap- station facilities are divided into two plication would constitute a major groups. change from the proposal submitted in (1) In the first group are applications the short-form application or the allot- for new stations, or for major changes ment, the long-form application will be in the facilities of authorized stations.

349

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3578 47 CFR Ch. I (10–1–99 Edition)

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 possible in the order in which they are may be applied for on FCC Form 316 filed. pursuant to the provisions of [44 FR 38504, July 2, 1979] § 73.3540(b). (3) A license under section 319(c) of § 73.3578 Amendments to applications the Communications Act or, pending for renewal, assignment or transfer application for or grant of such license, of control. any special or temporary authorization (a) Any amendments to an applica- to permit interim operation to facili- tion for renewal of any instrument of tate completion of authorized con- authorization shall be considered to be struction or to provide substantially a minor amendment. However, the FCC the same service as would be author- may, within 15 days after tender for fil- ized by such license. ing of any amendment, advise the ap- (4) Extension of time to complete plicant that the amendment is consid- construction of authorized facilities. ered to be a major amendment and (5) An authorization of facilities for therefore is subject to the provisions of remote pickup or studio links for use § 73.3580. in the operation of a broadcast station. (b) Any amendment to an application (6) Authorization pursuant to section for assignment of construction permit 325(c) of the Communications Act or license, or consent to the transfer of (‘‘* * * studios of foreign stations’’) control of a corporation holding such a where the programs to be transmitted construction permit or license, shall be are special events not of a continuing considered to be a minor amendment, nature. except that any amendment which (7) An authorization under any of the seeks a change in the ownership inter- proviso clauses of section 308(a) of the est of the proposed assignee or trans- Communications Act concerning appli- feree which would result in a change in cations for and conditions in licenses. control, or any amendment which (b) Applications (as originally filed would require the filing of FCC Forms or amended) will be acted upon by the

350

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3580

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 a 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 and International subject to the provisions of this section broadcasting stations; low power TV must gibe notice as follows: stations; TV and FM translator sta- (1) An applicant who files for renewal tions, TV booster stations; FM booster of a broadcast station license, other stations; and applications subject to than a low power TV station license paragraph (e) of this section. The local not locally originating programming as public notice must be completed within defined by § 74.701(h), an FM translator 30 days of the tendering of the applica- station or a TV translator station li- tion. In the event the FCC notifies the cense, must give notice of this filing by applicant that a major change is in- broadcasting announcements on appli- volved, requiring the applicant to file cant’s station. (Sample and schedule of public notice pursuant to §§ 73.3571, announcements are below.) Newspaper 73.3572, 73.3573 or 73.3578, this filing no- publication is not required. An appli- tice shall be given in a newspaper fol- cant who files for renewal of a low lowing 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. is located, or proposed to be located, at (2) An applicant who files an amend- least twice a week for two consecutive ment of an application for renewal of a weeks in a three-week period; or, broadcast station lincense will comply (ii) If there is no such daily news- with paragraph (d)(1) of this section. paper, in a weekly newspaper of gen- (3) An applicant who files for modi- eral circulation published in that com- fication, assignment or transfer of a munity, once a week for 3 consecutive broadcast station license (except for weeks in a 4-week period; or, International broadcast, low power TV, (iii) If there is no daily or weekly TV translator, TV booster, FM trans- newspaper published in that commu- lator and FM booster stations) shall nity, in the daily newspaper from wher- give notice of the filing in a newspaper ever published, which has the greatest as described in paragraph (c) of this general circulation in that community, section, and also broadcast the same twice a week for 2 consecutive weeks notice over the station as follows: within a 3-week period. (i) At least once daily on four days in (2) Notice requirements for applicants the second week immediately following for a permit pursuant to section 325(b) of either the tendering for filing of the the Communications Act (‘‘***Studios application or immediately following of Foreign Stations’’) are as follows. In a notification to the applicant by the daily newspaper of general circulation FCC that Public Notice is required pur- in the largest city in the principal area suant to §§ 73.3571, 73.3572, 73.3573 or to be served in the U.S.A. by the for- § 73.3578. For commercial radio stations eign broadcast station, at least twice a these announcements shall be made be- week for 2 consecutive weeks within a tween 7 a.m. and 9 a.m. and/or 4 p.m. three-week period. and 6 p.m. For stations which neither (3) Notice requirements for applicants operate between 7 a.m. and 9 a.m. nor for a change in station location are as fol- between 4 p.m. and 6 p.m., these an- lows. In the community in which the nouncements shall be made during the station is located and the one in which first two hours of broadcast operation.

351

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3580 47 CFR Ch. I (10–1–99 Edition)

For commercial TV stations, these an- p.m. and 10 p.m. Central and Mountain nouncements shall be made between 6 Time). p.m. and 11 p.m. (5 p.m. and 10 p.m. (2) For commercial radio stations—at Central and Mountain time). least two of the required announce- (4) The broadcast notice requirements between 7 a.m. and 9 a.m. and/or ments for those filing renewal applica- 4 p.m. and 6 p.m. For stations which tions and amendments thereto are as neither operate between 7 a.m. and 9 follows: a.m. nor between 4 p.m. and 6 p.m., at (i) Pre-filing announcements. During least two of the required announce- the period and beginning on the first ments shall be made during the first day of the sixth calendar month prior two hours of broadcast operation. to the expiration of the license, and (3) For noncommercial educational continuing to the date on which the ap- stations, at the same time as commer- plication is filed, the following an- cial stations, except that such stations nouncement shall be broadcast on the need not broadcast the announcement 1st and 16th day of each calendar during any month during which the month. Stations broadcasting pri- station does not operate. marily in a foreign language should (4) For low power TV stations locally broadcast the announcements in that originating programming (as defined language. by § 74.701(h)), at the same time as for On (date of last renewal grant) (Station’s call commercial TV stations, or as close to letters) was granted a license by the Federal that time as possible. Communication Commission to serve the (ii) Post-filing announcements. During public interest as a public trustee until (expiration date). the period beginning of the date on Our license will expire on (date). We must which the renewal application is filed file an application for renewal with the FCC to the sixteenth day of the next to last (date four calendar months prior to expiration full calendar month prior to the expira- date). When filed, a copy of this application tion of the license, all applications for will be available for public inspection during renewal of broadcast station licenses our regular business hours. It contains infor- shall broadcast the following an- mation concerning this station’s perform- nouncement on the 1st and 16th day of ance during the last (period of time covered by the application). each calendar month. Stations broad- Individuals who wish to advise the FCC of casting primarily in a foreign language facts relating to our renewal application and should broadcast the announcements in to whether this station has operated in the that language. public interest should file comments and petitions with the FCC by (date first day of last On (date of last renewal grant) (Station’s call full calendar month prior to the month of expi- letters) was granted a license by the Federal ration). Communications Commission to serve the Further information concerning the FCC’s public interest as a public trustee until broadcast license renewal process is avail- (expiration date). able at (address of location of the station’s pub- Our license will expire on (date). We have lic inspection file) or may be obtained from filed an application for renewal with the the FCC, Washington, DC 20554. FCC. (A) An applicant who files for re- A copy of this application is available for public inspection during our regular business newal of a low power TV station lo- hours. It contains information concerning cally originating programming (as de- this station’s performance during the last fined by § 74.701(h)) shall broadcast this (period of time covered by application). announcement, except that statements Individuals who wish to advise the FCC of indicating there is a public inspection facts relating to our renewal application and file at the station containing the re- to whether this station has operated in the newal application and other informa- public interest should file comments and pe- tion on the license renewal process, titions with the FCC by (date first day of last shall be omitted. full calendar month prior to the month of expiration). (B) This announcement shall be made Further information concerning the FCC’s during the following time periods: broadcast license renewal process is avail- (1) For commercial TV stations—at able at (address of location of the station’s pub- least two of the required announce- lic inspection file) or may be obtained from ments between 6 p.m. and 11 p.m. (5 the FCC, Washington, DC 20554.

352

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3580

(A) An applicant who files for re- the licensee’s and the FCC’s addresses newal of a low power TV station lo- when this information is being orally cally originating programming (as de- presented by the announcer. fined by § 74.701(h)) shall broadcast this (iv) Stations which have not received announcement, except that statements a renewal grant since the filing of their indicating there is a public inspection previous renewal application, shall use file at the station containing the re- the following first paragraph for the newal application and other informa- pre-filing and the post-filing announce- tion on the license renewal process, ments: shall be omitted. (B) This announcement shall be made (Station’s call letters) is licensed by the Fed- eral Communications Commission to serve during the following time periods: the public interest as a public trustee. (1) For commercial TV stations—at least three of the required announce- (e) When the station in question is ments between 6 p.m. and 11 p.m. (5 the only operating station in its broad- p.m. and 10 p.m. Central and Mountain cast service which is located in the time), at least one announcement be- community involved, or if it is a non- tween 9 a.m. and 1 p.m., at least one commercial educational station, publi- announcement between 1 p.m. and 5 cation of the notice in a newspaper, as p.m., and at least one announcement provided in paragraph (c) of this sec- between 5 p.m. and 7 p.m. tion is not required, and publication by (2) For commercial radio stations—at broadcast over that station as provided least three of the required announce- in paragraph (d) of this section shall be ments between 7 a.m. and 9 a.m. and/or deemed sufficient to meet the notice 4 p.m. and 6 p.m., at least one an- requirements of this section. Non- nouncement between 9 a.m. and noon, commercial educational broadcast sta- at least one announcement between tions which do not broadcast during noon and 4 p.m., and at least one an- the portion of the year in which the pe- nouncement between 7 p.m. and mid- riod of broadcast of notice falls must night. For stations which do not oper- comply with the provisions of para- ate between 7 a.m. and 9 a.m. or be- graph (c) of this section. tween 4 p.m. and 6 p.m., at least three (f) The notice required by paragraphs of the required announcements shall be (c) and (d) of this section shall contain, made during the first two hours of when applicable, the following infor- broadcast operation. mation, except as otherwise provided (3) For noncommercial educational in paragraphs (d) (1) and (2) and (e) of stations, at the same time as commer- this section in regard to renewal appli- cial stations, except that such stations cations: need not broadcast the announcement (1) The name of the applicant, if the during any month during which the applicant is an individual; the names of station does not operate. In such in- all partners, if the applicant is a part- stances noncommercial educational nership; or the names of all officers and stations shall meet the requirements in directors and of those persons holding the exact order specified in paragraph 10% or more of the capital stock or (d)(4)(ii)(A) (1) or (2) of this section other ownership interest if the appli- (e.g., if only four renewal notices are cant is a corporation or an unincor- broadcast by an educational TV li- porated association. (In the case of ap- censee, 3 must be broadcast between 6 plications for assignment or transfer of p.m. and 11 p.m. and the fourth be- control, information should be included tween 9 a.m. and 1 p.m.). for all parties to the application.) (4) For low power TV stations locally (2) The purpose for which the applica- originating programming (as defined tion was or will be filed (such as, con- by § 74.701(h)), at the same time as for struction permit, modification, assign- commercial TV stations, or as close to ment or transfer of control). that time as possible. (3) The date when the application or (iii) TV broadcast stations (commer- amendment was tendered for filing cial and noncommercial educational), with the FCC. in presenting the pre- and post-filing (4) The call letters, if any, of the sta- announcements, must use visuals with tion, and the frequency or channel on

353

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3580 47 CFR Ch. I (10–1–99 Edition)

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 application, the exact nature of the (D) The output channel or channels amendment. on which the station is operating or (8) In the case of applications for a proposes to operate and the power used permit pursuant to Section 325(b) of or proposed to be used. the Communications Act (‘‘* * * studios (E) In the case of an application for of foreign stations’’), the call letters changes in authorized facilities, the na- and location of the foreign radio broad- ture of the changes sought. cast station, the frequency or channel (F) In the case of a major amendment on which it operates, and a description to an application, the nature of the of the programs to be transmitted over amendment. the station. (G) A statement, if applicable, that (9) A statement that a copy of the ap- the station engages in or intends to en- plication, amendment(s), and related gage in rebroadcasting, and the call material are on file for public inspec- letters, location and channel of oper- tion at a stated address in the commu- ation of each station whose signals it is nity in which the station is located or rebroadcasting or intends to rebroad- is proposed to be located. See §§ 73.3526 cast. and 73.3527. (H) A statement that invites com- (g) An applicant who files for author- ment from individuals who wish to ad- ization or major modifications, or a vise the FCC of facts relating to the re- major amendment thereto, for a low newal application and whether the sta- power TV, TV translator, TV booster, tion has operated in the public inter- FM translator, or FM booster station, est. must give notice of this filing in a (h) The applicant may certify in the daily, weekly or biweekly newspaper of appropriate application that it has or general circulation in the community will comply with the public notice re- or area to be served. Likewise, an ap- quirements contained in paragraphs plicant for assignment, transfer or re- (c), (d) or (g) of this section. However, newal, or a major amendment thereto, for a low power TV, TV translator or an applicant for renewal of a license FM translator station, must give this that is required to maintain a public same type of newspaper notice. The fil- inspection file, shall, within 7 days of ing notice will be given immediately the last day of broadcast of the re- following the tendering for filing of the quired publication announcements, application or amendment, or imme- place in its public inspection file a diately following notification to the statement certifying compliance with applicant by the FCC that public no- § 73.3580 along with the dates and times tice is required pursuant to §§ 73.3572, that the pre-filing and post-filing no- 73.3573, or 73.3578. tices were broadcast and the text (1) Notice requirements for these ap- thereof. This certification need not be plicants are as follows: filed with the Commission but shall be (i) In a newspaper at least one time; retained in the public inspection file or for as long as the application to which (ii) If there is no newspaper published it refers. or having circulation in the commu- (i) Paragraphs (a) through (h) of this nity or area to be served, the applicant section apply to major amendments to

354

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00354 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3584

license renewal applications. See (b) Except in the case of applications § 73.3578(a). for new low power TV or TV translator stations, or for major changes in the [44 FR 38504, July 2, 1979, as amended at 44 existing facilities of such stations, the FR 65765, Nov. 15, 1979; 45 FR 6402, Jan. 28, 1980; 46 FR 36852, July 16, 1981; 47 FR 17066, applicant may file an opposition to any Apr. 21, 1982; 49 FR 33664, Aug. 24, 1984; 49 FR Petition to Deny, and the Petitioner a 47844, Dec. 7, 1984; 50 FR 40015, Oct. 1, 1985; 52 reply to such opposition in which alle- FR 21686, June 9, 1987; 52 FR 31401, Aug. 20, gations of fact or denials thereof shall 1987; 53 FR 26074, July 11, 1988; 57 FR 14647, be supported by affidavit of a person or Apr. 22, 1992; 58 FR 51251, Oct. 1, 1993] persons with personal knowledge thereof. The times for filing such opposi- § 73.3584 Procedure for filing petitions tions and replies shall be those pro- to deny. vided in § 1.45 except that as to a Peti- (a) Except in the case of applications tion to Deny an application for renewal for new low power TV, TV translator or of license, an opposition thereto may TV booster stations, for major changes be filed within 30 days after the Peti- in the existing facilities of such station to Deny is filed, and the party tions, or for applications for a change that filed the Petition to Deny may in output channel tendered by dis- reply to the opposition within 20 days placed low power TV and TV translator after opposition is due or within 20 stations pursuant to § 73.3572(a)(1), any days after the opposition is filed, party in interest may file with the whichever is longer. The failure to file Commission a Petition to Deny any ap- an opposition or a reply will not nec- plication (whether as originally filed or essarily be construed as an admission if amended so as to require a new file of fact or argument contained in a number pursuant to §§ 73.3571(j), pleading. 73.3572(b), 73.3573(b), 73.3574(b) or (c) In the case of applications for new 73.3578) for which local notice pursuant low power TV, TV translator, or TV to § 73.3580 is required, provided such booster stations, for major changes in petitions are filed prior to the day such the existing facilities of such stations, applications are granted or designated or for applications for a change in out- for hearing; but where the FCC issues a put channel tendered by displaced low public notice pursuant to the provi- power TV and TV translator stations sions of §§ 73.3571(c), 73.3572(c) or pursuant to § 73.3572(a)(1), any party in § 73.3573(d), establishing a ‘‘cut-off’’ interest may file with the FCC a Peti- date, such petitions must be filed by tion to Deny any applcation (whether the date specified. In the case of appli- as originally filed or if amended so as cations for transfers and assignments to require a new file number pursuant of construction permits or station li- to § 73.3572(b)) for which local notice censes, Petitions to Deny must be filed pursuant to § 73.3580 is required, pro- not later than 30 days after issuance of vided such petitions are filed within 30 a public notice of the acceptance for days of the FCC Public Notice pro- filing of the applications. In the case of posing the application for grant (appli- applications for renewal of license, Pe- cants may file oppositions within 15 titions to Deny may be filed at any days after the Petition to Deny is time up to the deadline established in filed); but where the FCC selects a ten- § 73.3516(e). Requests for extension of tative permittee pursuant to Section time to file Petitions to Deny applica- 1.1601 et seq., Petitions to Deny shall be tions for new broadcast stations or accepted only if directed against the major changes in the facilities of exist- tentative selectee and filed after ing stations or applications for renewal issuance of and within 15 days of FCC of license will not be granted unless all Public Notice announcing the tentative parties concerned, including the appli- selectee. The applicant may file an op- cant, consent to such requests, or un- position within 15 days after the Peti- less a compelling showing can be made tion to Deny is filed. In cases in which that unusual circumstances make the the minimum diversity preference pro- filing of a timely petition impossible vided for in § 1.1623(f)(1) has been ap- and the granting of an extension war- plied, an ‘‘objection to diversity claim’’ ranted. and opposition thereto, may be filed

355

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3587 47 CFR Ch. I (10–1–99 Edition)

against any applicant receiving a di- other consideration in excess of legiti- versity preference, within the same mate and prudent expenses in exchange time period provided herein for Peti- for the dismissal or withdrawal of the tions and Oppositions. In all pleadings, petition to deny; allegations of fact or denials thereof (2) The exact nature and amount of shall be supported by appropriate cer- any consideration received or prom- tification. However, the FCC may an- ised; nounce, by the Public Notice announc- (3) An itemized accounting of the ex- ing the acceptance of the last-filed mu- penses for which it seeks reimburse- tually exclusive application, that a no- ment; and tice of Petition to Deny will be re- (4) The terms of any oral agreement quired to be filed no later than 30 days related to the dismissal or withdrawal after issuance of the Public Notice. of the petition to deny. (d) Untimely Petitions to Deny, as well as other pleadings in the nature of In addition, within 5 days of peti- a Petition to Deny, and any other tioner’s request for approval, each re- pleadings or supplements which do not maining party to any written or oral lie as a matter of law or are otherwise agreement must submit an affidavit procedurally defective, are subject to setting forth: return by the FCC’s staff without con- (5) A certification that neither the sideration. applicant nor its principals had paid or will pay money or other consideration [48 FR 27206, June 13, 1983, as amended at 52 FR 31401, Aug. 20, 1987; 53 FR 2499, Jan. 28, in excess of the legitimate and prudent 1988; 55 FR 28914, July 16, 1990; 61 FR 18291, expenses of the petitioner in exchange Apr. 25, 1996] for dismissing or withdrawing the petition to deny; and § 73.3587 Procedure for filing informal (6) The terms of any oral agreement objections. relating to the dismissal or withdrawal Before FCC action on any application of the petition to deny. for an instrument of authorization, any (b) Citizens’ agreements. For pur- person may file informal objections to poses of this section, citizens agree- the grant. Such objections may be sub- ments include agreements arising mitted in letter form (without extra whenever a petition to deny or infor- copies) and shall be signed. The limita- mal objection has been filed against tion on pleadings and time for filing any application and the filing party pleadings provided for in § 1.45 of the seeks to dismiss or withdraw the peti- rules shall not be applicable to any ob- tion or objection in exchange for non- jections duly filed under this section. financial consideration (e.g., program- [44 FR 38507, July 2, 1979] ming, ascertainment or employment initiatives). The parties to such an § 73.3588 Dismissal of petitions to deny agreement must file with the Commis- or withdrawal of informal objec- sion a joint request for approval of the tions. agreement, a copy of any written (a) Whenever a petition to deny or an agreement, and an affidavit executed informal objection has been filed by each party setting forth: against any application, and the filing (1) Certification that neither the pe- party seeks to dismiss or withdraw the titioner, nor any person or organiza- petition to deny or the informal objection related to the petitioner, has re- tion, either unilaterally or in exchange ceived or will receive any money or for financial consideration, that party other consideration in connection with must file with the Commission a re- the citizens’ agreement other than le- quest for approval of the dismissal or gitimate and prudent expenses incurred withdrawal, a copy of any written in prosecuting the petition to deny; agreement related to the dismissal or (2) Certification that neither the pe- withdrawal, and an affidavit setting titioner, nor any person or organiza- forth: tion related to petitioner is or will be (1) A certification that neither the involved in carrying out, for a fee, any petitioner nor its principals has re- programming, ascertainment, employ- ceived or will receive any money or ment or other non-financial initiative

356

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3591

referred to in the citizens’ agreement; to deny or informal objection, the li- and censee must file with the Commission a (3) The terms of any oral agreement. copy of any written agreement related (c) For the purposes of this section: to the dismissal or withdrawal, and an (1) Affidavits filed pursuant to this affidavit setting forth: section shall be executed by the appli- (1) Certification that neither the cant, permittee or licensee, if an indi- would-be petitioner, nor any person or vidual; a partner having personal organization related to the would-be knowledge of the facts, if a partner- petitioner, has received or will receive ship; or an officer having personal any money or other consideration in knowledge of the facts, if a corporation connection with the citizens’ agree- or association. ment other than legitimate and pru- (2) A petition shall be deemed to be dent expenses reasonably incurred in pending before the Commission from preparing to file the petition to deny; the time a petition is filed with the (2) Certification that unless such ar- Commission until an order of the Com- rangement has been specifically ap- mission granting or denying the peti- proved by the Commission, neither the tion is no longer subject to reconsider- would-be petitioner, nor any person or ation by the Commission or to review organization related to the would-be by any court. petitioner, is or will be involved in car- (3) ‘‘Legitimate and prudent ex- rying out, for a fee, any programming penses’’ are those expenses reasonably ascertainment, employment or other incurred by a petitioner in preparing, nonfinancial initiative referred to in filing, and prosecuting its petition for the citizens’ agreement; and which reimbursement is being sought. (3) The terms of any oral agreement. (4) ‘‘Other consideration’’ consists of (c) For purposes of this section: financial concessions, including but (1) Affidavits filed pursuant to this not limited to the transfer of assets or section shall be executed by the li- the provision of tangible pecuniary censee, if an individual; a partner hav- benefit, as well as non-financial con- ing personal knowledge of the facts, if cessions that confer any type of benefit a partnership; or an officer having per- on the recipient. sonal knowledge of the facts, if a corporation or association. [54 FR 22598, May 25, 1989. Redesignated and (2) ‘‘Legitimate and prudent ex- amended at 55 FR 28914, July 16, 1990] penses’’ are those expenses reasonably § 73.3589 Threats to file petitions to incurred by a would-be petitioner in deny or informal objections. preparing to file its petition for which reimbursement is being sought. (a) No person shall make or receive (3) ‘‘Other consideration’’ consists of any payments in exchange for with- financial concessions, including but drawing a threat to file or refraining not limited to the transfer of assets or from filing a petition to deny or an in- the provision of tangible pecuniary formal objection. For the purposes of benefit, as well as non-financial con- this section, reimbursement by an ap- cessions that confer any type of benefit plicant of the legitimate and prudent on the recipient. expenses of a potential petitioner or objector incurred reasonably and di- [55 FR 28914, July 16, 1990] rectly in preparing to file a petition to deny will not be considered to be pay- § 73.3591 Grants without hearing. ment for refraining from filing a peti- (a) Except for renewal applications tion to deny or informal objection. filed after May 1, 1995 which will be Payments made directly to a potential subject to paragraph (d) of this section, petitioner or objector, or a person re- in the case of any application for an in- lated to a potential petitioner or objec- strument of authorization, other than tor, to implement nonfinancial prom- a license pursuant to a construction ises are prohibited unless specifically permit, the FCC will make the grant if approved by the Commission. it finds (on the basis of the application, (b) Whenever any payment is made in the pleadings filed or other matters exchange for withdrawing a threat to which it may officially notice) that the file or refraining from filing a petition application presents no substantial and

357

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3592 47 CFR Ch. I (10–1–99 Edition)

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 (1) There is not pending a mutually conditional grant of one of the applica- exclusive application filed in accord- tions and designate all of the mutually ance with paragraph (b) of this section; exclusive applications for hearing. (2) The applicant is legally, tech- Such conditional grant will be made nically, financially, and otherwise upon the express condition that such qualified; grant is subject to being withdrawn if, (3) The applicant is not in violation at the hearing, it is shown that public of provisions of law, the FCC rules, or interest will be better served by a established policies of the FCC; and grant of one of the other applications. (4) A grant of the application would Such conditional grants will be issued otherwise serve the public interest, only where it appears: convenience and necessity. (1) That some or all of the applica- (b) In making its determinations pur- tions were not filed in good faith but suant to the provisions of paragraph (a) were filed for the purpose of delaying of this section, the FCC will not con- or hindering the grant of another appli- sider any other application, or any ap- cation; or plication if amended so as to require a (2) That public interest requires the new file number, as being mutually ex- prompt establishment of broadcast clusive or in conflict with the applica- service in a particular community or tion under consideration unless such area; or other application was substantially (3) That a grant of one or more appli- complete, and tendered for filing by: cations would be in the public interest, (1) The close of business on the day and that a delay in making a grant to preceding the day designated by Public any applicant until after the conclu- Notice as the day the listed application sion of a hearing on all applications is to be available and ready for proc- might jeopardize the rights of the essing; United States under the provisions of (2) The date prescribed in § 73.3516(e) international agreement to the use of in the case of applications which are the frequency in question; or mutually exclusive with applications (4) That a grant of one application for renewal of license of broadcast sta- would be in the public interest, and tions; or that it appears from an examination of (3) The close of business on the day the remaining applications that they designated by the FCC pursuant to cannot be granted because they are in § 73.3564(d) as the date(s) for filing low violation of provisions of the Commu- power TV or TV translator applica- nications Act, other statutes, or the tions. provisions of the FCC rules. (c) If a petition to deny the applica- (b) When two or more applications tion has been filed in accordance with for the same AM, FM or TV assignment § 73.3584 and the FCC makes the grant have been designated for hearing, the in accordance with paragraph (a) of FCC may, if the public interest will be this section, the FCC will deny the pe- served thereby, make a conditional tition and issue a concise statement grant to a group composed of any two setting forth the reasons for denial and or more of the competing applicants, disposing of all substantial issues such grant to terminate when the suc- raised by the petition. cessful applicant commences operation (d) Renewal applications filed after under the terms of a regular authoriza- May 1, 1995 will be governed by the cri- tion. No conditional grant will be made teria established in 47 U.S.C. § 309(k). unless all of the competing applicants [44 FR 38507, July 2, 1979, as amended at 50 have been afforded a reasonable oppor- FR 47844, Dec. 7, 1984; 59 FR 31557, June 20, tunity to participate in the group seek- 1994; 61 FR 18291, Apr. 25, 1996] ing the conditional grant. In its application, the group shall include a spe- § 73.3592 Conditional grant. cial showing as to the need for the (a) Where a grant of an application service pending operation by the suc- would preclude the grant of any appli- cessful applicant under the terms of a cation or applications mutually exclu- regular authorization; the effect, if

358

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3594

any, of a grant on the position of any (ii) If no weekly newspaper of general applicant which is not a member of the circulation is published in the commu- group; and any other factors which are nity in which the station is located or deemed pertinent to the public interest proposed to be located, notice shall be judgment. given at least twice a week for 2 con- [44 FR 38507, July 2, 1979] secutive weeks within the 3-week period immediately following the release § 73.3593 Designation for hearing. of the FCC’s orders, specifying the time If the FCC is unable, in the case of and place of the commencement of the any application for an instrument of hearing in the daily newspaper having authorization, to make the findings the greatest general circulation in the specified in § 73.3591(a), it will formally community in which the station is lo- designate the application for hearing cated or proposed to be located. on the grounds or reasons then obtain- (2) In the case of an application for a ing and will forthwith notify the appli- permit pursuant to Section 325(c) of cant and all known parties in interest the Communications Act, the notice of such action and the grounds and rea- shall be given at least twice a week for sons therefor, specifying with particu- 2 consecutive weeks within the 3-week larity the matters and things in issue period immediately following release of but not including issues or require- the FCC’s order, specifying the time ments phrased generally. and place of the commencement of the hearing in a daily newspaper of general [44 FR 38508, July 2, 1979] circulation in the largest city in the § 73.3594 Local public notice of des- principal area to be served in the ignation for hearing. United States by the foreign radio broadcast station. (a) Except as otherwise provided in (3) In the case of an application for paragraph (c) of this section when an change in the location of a station, the application subject to the provisions of notice shall be given both in the com- § 73.3580 (except for applications for munity in which the station is located International broadcast, low power TV, and in the community in which the TV translator, FM translator, and FM booster stations) is designated for station is proposed to be located. hearing, the applicant shall give notice (b) When an application which is sub- of such designation as follows: Notice ject to the provisions of § 73.3580 and shall be given at least twice a week, for which seeks modification, assignment, 2 consecutive weeks within the 3-week transfer, or renewal of an operating period immediately following release of broadcast station is designated for the FCC’s order, specifying the time hearing (except for applications for an and place of the commencement of the International broadcast, low power TV, hearing, in a daily newspaper of gen- TV translator, FM translator, or FM eral circulation published in the com- booster stations), the applicant shall, munity in which the station is located in addition to giving notice of such des- or proposed to be located. ignation as provided in paragraph (a) of (1) However, if there is no such daily this section, cause the same notice to newspaper published in the commu- be broadcast over that station at least nity, the notice shall be given as fol- once daily for 4 days in the second lows: week immediately following the re- (i) If one or more weekly newspapers lease of the FCC’s order, specifying the of general circulation are published in time and place of the commencement the community in which the station is of the hearing. In the case of both com- located or proposed to be located, no- mercial and noncommercial TV broad- tice shall be given in such a weekly cast stations such notice shall be newspaper once a week for 3 consecu- broadcast orally with the camera fo- tive weeks within the 4-week period cused on the announcer. The notice re- immediately following the release of quired by this paragraph shall be the FCC’s order, specifying the time broadcast during the following periods: and place of the commencement of the (1) For commercial TV stations, be- hearing; tween 7:00 p.m. and 10:00 p.m.

359

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3594 47 CFR Ch. I (10–1–99 Edition)

(2) For commercial AM and FM sta- is proposed to be located. See §§ 73.3526 tions, between 7:00 a.m. and 10:00 a.m., and 73.3527. but if such stations do not operate dur- (e) When an application for renewal ing those hours, then between 6:00 p.m. of license is designated for hearing, the and 9:00 p.m. notice shall contain the following addi- (3) For noncommercial educational tional statements: TV stations, between 7:00 p.m. and 10:00 (1) Immediately preceding the listing p.m., but if the period of broadcast of of the issues in the hearing: notice falls within a portion of the year during which such stations do not The application of this station for a renewal of its license to operate this station in broadcast, then such stations need not the public interest was tendered for filing comply with the provisions of this with the Federal Communications Commis- paragraph. sion on (date). After considering this applica- (4) For noncommercial educational tion, the FCC has determined that it is nec- AM and FM stations, between 3:00 p.m. essary to hold a hearing to decide the fol- and 10:00 p.m., but if the period of lowing questions: broadcast of notice falls within a por- (2) Immediately following the listing tion of the year during which such sta- of the issues in the hearing: tions do not broadcast, then such stations need not comply with the provi- The hearing will be held at (place of hear- sions of this paragraph. ing) commencing at (time), on (date). Mem- bers of the public who desire to give evidence (c) If the station in question is the concerning the foregoing issues should write only operating station in its broadcast to the Federal Communications Commission, service which is located in the commu- Washington, DC 20554, not later than (date). nity involved, or if it is a Letters should set forth in detail the specific noncommerical educational station, facts concerning which the writer wishes to publication of the notice in a news- give evidence. If the FCC believes that the paper, as provided in paragraph (a) of evidence is legally competent, material, and this section, is not required, and publi- relevant to the issues, it will contact the cation by broadcast over that station person in question. as provided in paragraph (b) of this sec- (Here the applicant shall insert, as the date on or before which members of the pub- tion shall be deemed sufficient to meet lic who desire to give evidence should write the requirements of paragraphs (a) and to the FCC, the date 30 days after the date of (b)of this section. However, non- release of the FCC’s order specifying the commercial educational stations which time and place of the commencement of the do not broadcast during the portion of hearing.) the year in which the period of broad- (f) When an application for a low cast of notice falls must comply with power TV, TV translator, FM trans- the provisions of paragraph (a) of this lator, or FM booster station which is section. subject to the provisions of § 73.3580 is (d) The notice required by paragraphs designated for hearing, the applicant (a) and (b) of this section shall state: shall give notice of such designation as (1) The name of the applicant or ap- follows: Notice shall be given at least plicants designated for hearing. once during the 2-week period imme- (2) The call letters, if any, of the sta- diately following release of the FCC’s tions or stations involved, and the fre- order, specifying the time and place of quencies or channels on which the sta- the commencement of the hearing in a tion or stations are operating or pro- daily, weekly or biweekly publication posed to operate. having general circulation in the com- (3) The time and place of the hearing. munity or area to be served. However, (4) The issues in the hearing as listed if there is no publication of general cir- in the FCC’s order or summary of des- culation in the community or area to ignation for hearing. be served, the applicant shall deter- (5) A statement that a copy of the ap- mine an appropriate means of pro- plication, amendment(s), and related viding the required notice to the gen- material are on file for public inspec- eral public, such as posting in the local tion at a stated address in the commu- post office or other public place. The nity in which the station is located or notice shall state:

360

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3597

(1) The name of the applicant or ap- the provisions of this section; or may plicants designated for hearing. extend the time for publishing notice. (2) The call letters, if any, of the sta- [44 FR 38508, July 2, 1979, as amended at 47 tion or stations involved, the output FR 21495, May 18, 1982; 48 FR 9012, Mar. 3, channel or channels of such stations, 1983; 49 FR 38132, Sept. 27, 1984; 51 FR 19347, and, for any rebroadcasting, the call May 29, 1986; 52 FR 21686, June 9, 1987; 58 FR letters, channel and location of the sta- 51251, Oct. 1, 1993] tion or stations being or proposed to be § 73.3597 Procedures on transfer and rebroadcast. assignment applications. (3) The time and place of the hearing. (a) If, upon the examination of an ap- (4) The issues in the hearing as listed plication for FCC consent to an assign- in the FCC’s order or summary of des- ment of a broadcast construction per- ignation for hearing. mit or license or for a transfer of con- (5) If the application is for renewal of trol of a corporate permittee or li- license, the notice shall contain, in ad- censee, it appears that the station in- dition to the information required by volved has been operated on-air by the paragraphs (f) (1) through (4) of this current licensee or permittee for less section, the statements required by than one year, the application will be paragraph (e) of this section. designated for hearing on appropriate (g) Within 7 days of the last day of issues unless the FCC is able to find publication or broadcast of the notice that: required by paragraphs (a) and (b) of (1) The permit or license was not authorized either through the Minority this section, the applicant shall file a Ownership Policy or after a compara- statement in triplicate with the FCC tive hearing or, in the case of low setting forth the dates on which the power TV and TV translator stations, notice was published, the newspaper in the permit or license was not author- which the notice was published, the ized after a lottery in which the per- text of the notice, and/or, where appli- mittee or licensee benefited from mi- cable, the date and time the notice was nority or diversity preferences; broadcast and the text thereof. When (2) The application involves an FM public notice is given by other means, translator station or FM booster sta- as provided in pararaph (f) of this section only; tion, the applicant shall file, within 7 (3) The application involves a pro days of the giving of such notice, the forma assignment or transfer of context of the notice, the means by which trol; or it was accomplished, and the date (4) The assignor or transferor has thereof. made an affirmative factual showing, (h) The failure to comply with the supported by affidavits of a person or provisions of this section is cause for persons with personal knowledge there- dismissal of an application with preju- of, which establishes that, due to un- dice. However, upon a finding that ap- availability of capital, to death or disability of station principals, or to plicant has complied (or proposes to other changed circumstances affecting comply) with the provisions of Section the licensee or permittee occurring 311(a)(2) of the Communications Act, subsequent to the acquisition of the li- and that the public interest, conven- cense or permit, FCC consent to the ience and necessity will be served proposed assignment or transfer of con- thereby, the presiding officer may au- trol will serve the public interest, con- thorize an applicant, upon a showing of venience and necessity. special circumstances, to publish no- (5) the assignee or transferee has tice in a manner other than that pre- made an affirmative factual showing, scribed by this section; may accept supported by affidavits of a person or publication of notice which does not persons with personal knowledge there- conform strictly in all respects with of, which established that the proposed

361

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3597 47 CFR Ch. I (10–1–99 Edition)

transaction would involve an assign- ably necessary toward placing the sta- ment or transfer to a minority-owned tion in operation. or minority controlled entity in fur- (3)(i) Applications for consent to the therance of our Minority Ownership assignment of a construction permit or Policy. transfer of control shall, in the case of (b)(1) The commencement date of the unbuilt stations, be accompanied by one-year period set forth in paragraph declarations both by the assignor (or (a) of this section shall be the date on transferor) and by the assignee (or which the station initiated program transferee) that, except as clearly dis- tests in accordance with § 73.1620 or closed in detail in the applications, § 74.14. there are no agreements or under- (2) In determining whether the sta- standings for reimbursement of the tion has been operating on-air for one seller’s expenses or other payments to year, the FCC will calculate the period the seller, for the seller’s retention of between the date of initiation of pro- any interest in the station, for options gram tests (as specified in paragraph or any other means by which the seller (b)(1) of this section) and the date the may acquire such an interest, or for application for transfer or assignment any other actual or potential benefit to is tendered for filing with the FCC. the seller in the form of loans, the sub- (c)(1) As used in paragraphs (c) and sequent repurchase of the seller’s re- (d) of this section: tained interest, or otherwise. (i) Unbuilt station refers to an AM, (ii) When the seller is to receive re- FM, or TV broadcast station or a low imbursement of his expenses, the appli- power TV or TV translator station for cations of the parties shall include an which a construction permit is out- itemized accounting of such expenses, standing, and, regardless of the stage together with such factual information of physical completion, as to which as the parties rely upon for the req- program tests have not commenced or, uisite showing that those expenses rep- if required, been authorized. resent legitimate and prudent outlays (ii) Seller includes the assignor(s) of a made solely for the purposes allowable construction permit for an unbuilt sta- under paragraph (c)(2) of this section. tion, the transferor(s) of control of the (d)(1) Whenever an agreement for the holder of such construction permit, and assignment of the construction permit any principal or such assignor(s) or of an unbuilt station or for the transfer transferor(s) who retains an interest in of control of the permittee of an un- the permittee or acquires or reacquires built station, or any arrangement or such interest within 1 year after com- understanding incidental thereto, pro- mencing program tests. vides for the retention by the seller of (iii) The provisions of paragraphs (c) any interest in the station, or for any and (d) of this section apply only to other actual or potential benefit to the mutually exclusive noncommercial seller in the form of loans or otherwise, educational applications filed on or the question is raised as to whether the after the release of the Report and transaction involves actual or poten- Order in MM Docket 98–43, where the tial gain to the seller over and above construction permit is issued pursuant the legitimate and prudent out-of- to settlement agreement. pocket expenses allowable under para- (2) The FCC will not consent to the graph (c)(2) of this section. In such assignment or transfer of control of the cases the FCC will designate the as- construction permit of an unbuilt sta- signment or transfer applications for tion if the agreements or under- evidentiary hearing. However, a hear- standings between the parties provide ing is not mandatory in cases coming for, or permit, payment to the seller of within paragraph (d)(2) of this section. a sum in excess of the aggregate (2) It is not intended to forbid the amount clearly shown to have been le- seller to retain an equity interest in an gitimately and prudently expended and unbuilt station which he is transfer- to be expended by the seller, solely for ring or assigning if the seller obligates preparing, filing, and advocating the himself, for the period ending 1 year grant of the construction permit for after commencing program tests, to the station, and for other steps reason- provide that part of the total capital

362

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3598

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 tionate to the seller’s equity share in amounts of equity capital paid in, loan the permittee, taking into account eq- capital made available, or guarantees uity capital, loan capital, and guaran- obtained as to enable the FCC to ascer- tees of interest and amortization pay- tain compliance with the above re- ments for loan capital provided by the quirements. seller before the transfer or assign- (v) No steps shall be taken by the ment. This condition will be satisfied: permittee to effectuate arrangements (i) In the case of equity capital: By for the provision of equity or loan cap- paid-in cash capital contributions pro- ital from sources not previously identi- portionate to the seller’s equity share; fied and disclosed to the FCC, until 30 (ii) In cases where any person who days after the permittee has filed with has an equity interest in the permittee the FCC a report of such arrangements provides loan capital: By the seller’s and of provisions made for the seller’s provision of that part of the total loan compliance with the above require- capital provided by equity holders ment. which is proportionate to the seller’s (vi) The provisions of paragraphs equity share; and (d)(3) (iv) and (v) of this section shall (iii) In cases where any person cease to apply 1 year after commencing cosigns or otherwise guarantees pay- program tests. ments under notes given for loan cap- (4) Applications subject to this para- ital provided by nonequity holders: By graph (d) of this section will, in any similar guarantees by the seller cov- event, be designated for evidentiary ering that part of such payments as is hearing in any case where the agree- proportionate to the seller’s equity ments, arrangements or under- share. However, this condition shall standings with the seller provide for not be deemed to be met if the guaran- the seller’s option to acquire equity in tees given by persons other than the the station or to increase equity inter- seller cover, individually or collec- ests he retains at the time of the as- tively, a larger portion of such pay- signment or transfer of control. An evi- ments than the ratio of the combined dentiary hearing will similarly be held equities of persons other than the sell- in any case in which the assignee(s), er to the total equity. transferee(s) or any of their principals, (3) In cases which are subject to the or any person in privity therewith, has requirements of paragraphs (d)(2) (i), an option to purchase all or part of the (ii) and (iii) of this section: seller’s retained or subsequently ac- (i) The assignee’s (or transferee’s) ap- quired equity interests in the station. plication shall include a showing of the [44 FR 38509, July 2, 1979, as amended at 47 anticipated capital needs of the station FR 24580, June 7, 1982; 47 FR 55930, Dec. 14, through the first year of its operation 1982; 48 FR 9012, Mar. 3, 1983; 48 FR 27207, and the seller’s financial capacity to June 13, 1983; 50 FR 6946, Feb. 19, 1985; 53 FR comply with the above requirements, 36787, Sept. 22, 1988; 63 FR 70050, Dec. 18, 1998] in the light of such anticipated capital needs. § 73.3598 Period of construction. (ii) The FCC will determine from its (a) Each original construction permit review of the applications whether a for the construction of a new TV, AM, hearing is necessary to ensure compli- FM or International Broadcast; low ance with the above requirements. power TV; TV translator; TV booster; (iii) Compliance with the above re- FM translator; FM booster; or broad- quirements will be subject to review by cast auxiliary station, or to make the FCC at any time, either when con- changes in such existing stations, shall sidering subsequently filed applica- specify a period of three years from the tions or whenever the FCC may other- date of issuance of the original con- wise find it desirable. struction permit within which con- (iv) Within 30 days after any time struction shall be completed and appli- when a seller is required to provide eq- cation for license filed. uity or loan capital or execute guaran- (b) The period of construction for an tees, the permittee shall furnish the original construction permit shall toll

363

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3601 47 CFR Ch. I (10–1–99 Edition)

when construction is prevented by the modified license less than 60 days prior following causes not under the control to the expiration date of the license of the permittee: sought to be modified, and an applica- (i) Construction is prevented due to tion for renewal of the license is grant- an act of God, defined in terms of nated subsequent or prior thereto (but ural disasters (e.g., floods, tornados, within 30 days of expiration of the hurricanes, or earthquakes) or present license), the modified license (ii) the grant of the permit is the sub- as well as the renewal license shall be ject of administrative or judicial re- issued to conform to the combined ac- view (i.e., petitions for reconsideration tion of the FCC. and applications for review of the grant [44 FR 38511, July 2, 1979] of a construction permit pending before the Commission and any judicial ap- § 73.3603 Special waiver procedure rel- peal of any Commission action there- ative to applications. on), or construction is delayed by any (a) In the case of any broadcast appli- cause of action pending before any cations designated for hearing, the par- court of competent jurisdiction relat- ties may request the FCC to grant or ing to any necessary local, state or fed- deny an application upon the basis of eral requirement for the construction the information contained in the appli- or operation of the station, including cations and other papers specified in any zoning or environmental require- paragraph (b) of this section without ment. the presentation of oral testimony. (c) A permittee must notify the Com- Any party desiring to follow this proce- mission as promptly as possible and, in dure should execute and file with the any event, within 30 days, of any perti- FCC a waiver in accordance with para- nent event covered by paragraph (b) of graph (e) of this section, and serve cop- this section, and provide supporting ies on all other parties, or a joint waiv- documentation. All notifications must er may be filed by all the parties. Upon be filed in triplicate with the Secretary the receipt of waivers from all parties and must be placed in the station’s to a proceeding, the FCC will decide local public file. whether the case is an appropriate one (d) A permittee must notify the Com- for determination without the presen- mission promptly when a relevant ad- tation of oral testimony. If it is deter- ministrative or judicial review is re- mined by the FCC that, notwith- solved. Tolling resulting from an act of standing the waivers, the presentation God will automatically cease six of oral testimony is necessary, the par- months from the date of the notifica- ties will be so notified and the case will tion described in paragraph (c) of this be retained on the hearing docket. If section, unless the permittee submits the FCC concludes that the case can additional notifications at six month appropriately be decided without the intervals detailing how the act of God presentation of oral testimony, the continues to cause delays in construc- record will be considered as closed as of tion, any construction progress, and the date the waivers of all the parties the steps it has taken and proposes to were first on file with the FCC. take to resolve any remaining impedi- (b) In all cases considered in accord- ments. ance with this procedure, the FCC will (e) Any construction permit for decide the case on the basis of the in- which construction has not been com- formation contained in the applica- pleted and for which an application for tions and in any other papers per- license has not been filed, shall be taining to the applicants or applica- automatically forfeited upon expira- tions which are open to public inspection without any further affirmative tion and which were on file with the cancellation by the Commission. FCC when the record was closed. The [63 FR 70050, Dec. 18, 1998] FCC may call upon any party to furnish any additional information which § 73.3601 Simultaneous modification the FCC deems necessary to a proper and renewal of license. decision. Such information shall be When an application is granted by served upon all parties. The waiver pre- the FCC necessitating the issuance of a viously executed by the parties shall be

364

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3613

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 proval of the agreement and accept- right to petition for reconsideration or ance of the amendment. rehearing, or to appeal to the courts 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- llll and provisions of are incorporated in ated AM, FM, TV or International this waiver. broadcast station with five or more [44 FR 38511, July 2, 1979] full-time employees shall file an annual employment report with the FCC § 73.3605 Retention of applications in hearing status after designation for on or before September 30 of each year hearing. on FCC Form 395. (a) After an application for a broad- [63 FR 16907, Apr. 7, 1998] cast facility is designated for hearing, it will be retained in hearing status § 73.3613 Filing of contracts. upon the dismissal or amendment and Each licensee or permittee of a com- removal from hearing of any other ap- mercial or noncommercial AM, FM, TV plication or applications with which it or International broadcast station has been consolidated for hearing. shall file with the FCC copies of the (b) Where any applicants for a broad- following contracts, instruments, and cast facility file a request pursuant to documents together with amendments, § 73.3525(a) for approval of an agreement supplements, and cancellations (with to remove a conflict between their ap- the substance of oral contracts re- plications, the applications will be reported in writing), within 30 days of tained in hearing status pending such execution thereof: proceedings on the joint request as may be ordered and such action there- (a) Network service: Network affili- on as may be taken. ation contracts between stations and (1) If further hearing is not required networks will be reduced to writing on issues other than those arising out and filed as follows: of the agreement, the proceeding shall (1) All network affiliation contracts, be terminated and appropriate disposi- agreements, or understandings between tion shall be made of the applications. a TV broadcast or low power TV sta- (2) Where further hearing is required tion and a national network. For the on issues unrelated to the agreement, purposes of this paragraph the term the presiding officer shall continue to network means any person, entity, or conduct the hearing on such other corporation which offers an inter- issues pending final action on the connected program service on a regular agreement, but the record in the pro- basis for 15 or more hours per week to

365

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00365 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3613 47 CFR Ch. I (10–1–99 Edition)

at least 25 affiliated television licens- permittee will submit the following in- ees in 10 or more states; and/or any per- formation concerning the trust: son, entity, or corporation controlling, (A) Name of trust; controlled by, or under common con- (B) Duration of trust; trol with such person, entity, or cor- (C) Number of shares of stock owned; poration. (D) Name of beneficial owner of (2) Each such filing on or after May 1, stock; 1969, initially shall consist of a written (E) Name of record owner of stock; instrument containing all of the terms (F) Name of the party or parties who and conditions of such contract, agree- have the power to vote or control the ment or understanding without ref- vote of the shares; and erence to any other paper or document (G) Any conditions on the powers of by incorporation or otherwise. Subse- voting the stock or any unusual char- quent filings may simply set forth re- acteristics of the trust. newal, amendment or change, as the (4) Proxies with respect to the licens- case may be, of a particular contract ee’s or permittee’s stock running for a previously filed in accordance here- period in excess of 1 year, and all prox- with. ies, whether or not running for a period (3) The FCC shall also be notified of of 1 year, given without full and de- the cancellation or termination of net- tailed instructions binding the nomi- work affiliations, contracts for which nee to act in a specified manner. With are required to be filed by this section. respect to proxies given without full and detailed instructions, a statement (b) Ownership or control: Contracts, showing the number of such proxies, by instruments or documents relating to whom given and received, and the per- the present or future ownership or con- centage of outstanding stock rep- trol of the licensee or permittee or of resented by each proxy shall be sub- the licensee’s or permittee’s stock, mitted by the licensee or permittee rights or interests therein, or relating within 30 days after the stockholders’ to changes in such ownership or con- meeting in which the stock covered by trol shall include but are not limited to such proxies has been voted. However, the following: when the licensee or permittee is a cor- (1) Articles of partnership, associa- poration having more than 50 stock- tion, and incorporation, and changes in holders, such complete information such instruments; need be filed only with respect to prox- (2) Bylaws, and any instruments ef- ies given by stockholders who are offi- fecting changes in such bylaws; cers or directors, or who have 1% or (3) Any agreement, document or in- more of the corporation’s voting stock. strument providing for the assignment When the licensee or permittee is a of a license or permit, or affecting, di- corporation having more than 50 stock- rectly or indirectly, the ownership or holders and the stockholders giving the voting rights of the licensee’s or per- proxies are not officers or directors or mittee’s stock (common or preferred, do not hold 1% or more of the corpora- voting or nonvoting), such as: tion’s stock, the only information re- (i) Agreements for transfer of stock; quired to be filed is the name of any (ii) Instruments for the issuance of person voting 1% or more of the stock new stock; or by proxy, the number of shares voted (iii) Agreements for the acquisition by proxy by such person, and the total of licensee’s or permittee’s stock by number of shares voted at the par- the issuing licensee or permittee cor- ticular stockholders’ meeting in which poration. Pledges, trust agreements, the shares were voted by proxy. options to purchase stock and other ex- (5) Mortgage or loan agreements con- ecutory agreements are required to be taining provisions restricting the li- filed. However, trust agreements or ab- censee’s or permittee’s freedom of op- stracts thereof are not required to be eration, such as those affecting voting filed, unless requested specifically by rights, specifying or limiting the the FCC. Should the FCC request an amount of dividends payable, the pur- abstract of the trust agreement in lieu chase of new equipment, or the mainte- of the trust agreement, the licensee or nance of current assets.

366

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00366 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.3615

(6) Any agreement reflecting a § 73.3555(b), and more than 15 percent of change in the officers, directors or the time of the brokered station, on a stockholders of a corporation, other weekly basis, is brokered by that li- than the licensee or permittee, having censee; time brokerage agreements in- an interest, direct or indirect, in the li- volving radio or television stations censee or permittee as specified by that would be attributable to the li- § 73.3615. censee under § 73.3555 Note 2(j). Con- (7) Agreements providing for the as- fidential or proprietary information signment of a license or permit or may be redacted where appropriate but agreements for the transfer of stock such information shall be made avail- filed in accordance with FCC applica- able for inspection upon request by the tion Forms 314, 315, 316 need not be re- FCC. submitted pursuant to the terms of (e) The following contracts, agree- this rule provision. ments or understandings need not be (c) Personnel: (1) Management con- filed but shall be kept at the station sultant agreements with independent and made available for inspection upon contractors; contracts relating to the request by the FCC: contracts relating utilization in a management capacity to the joint sale of broadcast adver- of any person other than an officer, di- tising time that do not constitute time rector, or regular employee of the li- brokerage agreements pursuant to censee or permittee; station manage- § 73.3555 Note 2(k); subchannel leasing ment contracts with any persons, agreements for Subsidiary Communica- whether or not officers, directors, or tions Authorization operation; fran- regular employees, which provide for chise/leasing agreements for operation both a percentage of profits and a shar- of telecommunications services on the ing in losses; or any similar agree- TV vertical blanking interval and in ments. the visual signal; time sales contracts (2) The following contracts, agree- with the same sponsor for 4 or more ments, or understandings need not be hours per day, except where the length filed: Agreements with persons regu- of the events (such as athletic contests, larly employed as general or station musical programs and special events) managers or salesmen; contracts with broadcast pursuant to the contract is program managers or program per- not under control of the station; and sonnel; contracts with attorneys, ac- contracts with chief operators. countants or consulting radio engi- [44 FR 38512, July 2, 1979, as amended at 47 neers; contracts with performers; con- FR 21496, May 18, 1982; 50 FR 4664, Feb. 1, tracts with station representatives; 1985; 50 FR 30951, July 31, 1985; 51 FR 9966, contracts with labor unions; or any Mar. 24, 1986; 51 FR 15785, Apr. 28, 1986; 57 FR similar agreements. 18093, Apr. 29, 1992; 57 FR 42706, Sept. 16, 1992; 61 FR 36305, July 10, 1996; 63 FR 70050, Dec. 18, (d) Time brokerage agreements: Time 1998; 64 FR 50646, Sept. 17, 1999] brokerage agreements involving radio stations, where the licensee (including EFFECTIVE DATE NOTE: At 64 FR 50646, Sept. 17, 1999, § 73.3613 was amended by revis- all parties under common control) is ing paragraphs (d) and (e). This section con- the brokering entity, there is a prin- tains information collection and record- cipal community contour overlap (pre- keeping requirements and will not become dicted or measured 5 mV/m groundwave effective until approval has been given by for AM stations and predicted 3.16 mV/ the Office of Management and Budget. m for FM stations) overlap with the brokered station, and more than 15 per- § 73.3615 Ownership reports. cent of the time of the brokered sta- (a) With the exception of sole propri- tion, on a weekly basis, is brokered by etorships and partnerships composed that licensee; time brokerage agree- entirely of natural persons, each li- ments involving television stations censee of a commercial AM, FM, or TV where licensee (including all parties broadcast station shall file an Owner- under common control) is the ship Report on FCC Form 323 when fil- brokering entity, the brokering and ing the station’s license renewal appli- brokered stations are both licensed to cation and every two years thereafter the same market as defined in the tele- on the anniversary of the date that its vision duopoly rule contained in renewal application is required to be

367

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00367 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3615 47 CFR Ch. I (10–1–99 Edition)

filed. Licensees owning multiple sta- among its officers by any person pro- tions with different anniversary dates fessionally or otherwise associated need file only one Report every two with the entity. years on the anniversary of their (B) A licensee shall report any sepa- choice, provided that their Reports are rate interests known to the licensee to not more than two years apart. A li- be held ultimately by the same indi- censee with a current and unamended vidual or entity, whether those inter- Report on file at the Commission may ests are held in custodial accounts, by certify that it has reviewed its current individual holding corporations or oth- Report and that it is accurate, in lieu erwise, if, when aggregated: of filing a new Report. Ownership Re- (1) The sum of all interests except ports shall provide the following infor- those held by or through ‘‘passive in- mation as of a date not more than 60 vestors’’ is equal to or exceeds 5 per- days prior to the filing of the Report: cent; or (1) In the case of an individual, the (2) The sum of all interests held by or name, race or ethnicity, and gender of through ‘‘passive investors’’ is equal to such individual; or exceeds 10 percent; or (2) In the case of a partnership, the (3) The sum of the interests com- name, race or ethnicity, and gender of puted under paragraph (a)(3)(i)(B)(1) of each partner and the interest of each this section plus the sum of the inter- partner. Except as specifically noted ests computed under paragraph below, the names of limited partners (a)(3)(i)(B)(2) of this section is equal to shall be reported. A limited partner or exceeds 10 percent. need not be reported, regardless of the (C) If the majority of the voting extent of its ownership, if the limted stock of a corporate licensee is held by partner is not materially involved, di- a single individual or entity, no other rectly or indirectly, in the manage- stockholding need be reported for that ment or operation of the licensee and licensee; the licensee so certifies. (ii) Full information as to family re- (i) Any change in partners or in their lationship or business association be- rights will require prior consent of the tween two or more officials and/or FCC upon an application for consent to stockholders, trustees, executors, ad- assignment of license or permit. If such ministrators, receivers, and members change involves less than a controlling of any association; interest, the application for FCC con- (iii) Capitalization with a description sent to such changes may be made of the classes and voting power of upon FCC Form 316. stock authorized by the corporate (ii) [Reserved] charter or other appropriate legal in- (3) In the case of a corporation, asso- strument and the number of shares of ciation, trust, estate or receivership, each class issued and outstanding; and the data applicable to each: (iv) Full information with respect to (i)(A) The name, residence, citizen- the interest and identity of any person ship, race or ethnicity, gender, and having any direct, indirect, fiduciary, stockholding of every officer, director, or beneficial interest in the licensee or trustee, executor, administrator, re- in its stock accounting for 5% or more ceiver and member of an association, of its votes. For example: and any stockholder which holds stock (A) Where A is the trustee of stock accounting for 5 percent or more of the held for beneficiary B, A shall be re- votes of the corporation, except that ported if A votes the stock or has the an investment company, insurance sole or shared power to dispose of the company, or bank trust department stock; B or any other party shall be re- need be reported only if it holds stock ported if B or such party votes the amounting to 10 percent or more of the stock or has sole power to dispose of votes, provided that the licensee cer- the stock or has the power to revoke tifies that such entity has made no at- the trust or replace the trustee at will; tempt to influence, directly or indi- (B) Where X is not a natural person rectly, the management or operation of and has attributable ownership inter- the licensee, and that there is no rep- est in the licensee under § 73.3555 of the resentation on the licensee’s board or rules, regardless of its position in the

368

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00368 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 73.3615

vertical ownership chain, an Ownership privity, gains or loses affirmative or Report shall be filed for X which, ex- negative (50%) control. See instruc- cept as specifically noted below, must tions on FCC Form 323 (Ownership Re- contain the same information as report). Each permittee or licensee of a quired of a licensee. If X has a voting commercial AM, FM or TV Broadcast stockholder interest in the licensee, station shall file an Ownership Report only those voting interests of X that on FCC Form 323 within 30 days of con- are cognizable after application of the summating authorized assignments or ‘‘multiplier’’ described in Note 2(d) of transfers of permits and licenses. The § 73.3555 of the rules, if applicable, shall Ownership Report of the permittee or be reported. If X is a corporation, licensee shall give the information re- whether or not its interest in the li- quired by the applicable portions of censee is by virtue of its ownership of paragraph (a) of this section. voting stock, the officers and directors (d) Each licensee of a noncommercial shall be reported. With respect to those educational AM, FM or TV broadcast officers and directors whose duties and station shall file an Ownership Report responsibilities are wholly unrelated to on FCC Form 323–E when filing the sta- the licensee, and who wish to be re- tion’s license renewal application and lieved of attribution in the licensee, every two years thereafter on the anni- the name, title and duties of these offi- versary of the date that its renewal ap- cers and directors, with statements plication is required to be filed. Licens- properly documenting that their duties ees owning more than one noncommer- do not involve the licensee, shall be re- cial educational AM, FM or TV broad- ported. cast station with different anniversary (4) In the case of all licensees: dates need file only one Report every (i) A list of all contracts still in ef- two years on the anniversary of their fect required to be filed with the FCC choice, provided that their Reports are by § 73.3613 showing the date of execu- not more than two years apart. A li- tion and expiration of each contract; censee with a current and unamended and Report on file at the Commission may (ii) Any interest which the licensee certify that it has reviewed its current may have in any other broadcast sta- Report and that it is accurate, in lieu tion. of filing a new Report. Ownership re- (b) Except as specifically noted ports shall give the following informa- below, each permittee of a commercial tion as of a date not more than 60 days AM, FM or TV broadcast station shall prior to the filing of the Ownership Re- file an Ownership Report on FCC Form port: 323 (1) within 30 days of the date of grant by the FCC of an application for (1) The following information as to original construction permit and (2) on all officers, members of governing the date that it applies for a station li- board, and holders of 1% or more own- cense. The Ownership Report of the ership interest (if any): Name, resi- permittee shall give the information dence, office held, citizenship, principal required by the applicable portions of profession or occupation, and by whom paragraph (a) of this section. A per- appointed or elected. mittee with a current and unamended (2) Full information with respect to Report on file at the Commission may the interest and identity of any indi- certify that it has reviewed its current vidual, organization, corporation, asso- Report and it is accurate, in lieu of fil- ciation, or any other entity which has ing a new Report. direct or indirect control over the li- (c) Before any change is made in the censee or permittee. organization, capitalization, officers, (3) A list of all contracts still in ef- directors, or stockholders of a corpora- fect required by § 73.3613 to be filed tion other than licensee or permittee, with the FCC, showing the date of exe- which results in a change in the con- cution and expiration of each contract. trol of the licensee or permittee, prior (4) Any interest which the licensee or FCC consent must be received under permittee or any of its officers, mem- § 73.3540. A transfer of control takes bers of the governing board, and hold- place when an individual or group in ers of 1% or more ownership interest (if

369

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.3617 47 CFR Ch. I (10–1–99 Edition)

any) held in any other broadcast sta- forcement Division address is http:// tion. www.fcc.gov/mmb/enf/. (e) Each permittee of a noncommer- [63 FR 33878, June 22, 1998] cial educational AM, FM or TV broadcast station shall file an Ownership Re- § 73.3999 Enforcement of 18 U.S.C. port on FCC Form 323–E: 1464 (restrictions on the trans- (1) Within 30 days of the date of grant mission of obscene and indecent by the FCC of an application for origi- material). nal construction permit and; (a) No licensee of a radio or tele- (2) On the date that it applies for a vision broadcast station shall broad- station license. The Ownership Report cast any material which is obscene. of the permittee shall give the infor- (b) No licensee of a radio or tele- mation required by the applicable vision broadcast station shall broad- form. A permittee with a current and cast on any day between 6 a.m. and 10 unamended Report on file at the Com- p.m. any material which is indecent. mission may certify that it has re- [60 FR 44439, Aug. 28, 1995] viewed its current Report and it is accurate, in lieu of filing a new Report. § 73.4000 Listing of FCC policies. (f) Each permittee or licensee of a The following sections list, solely for noncommercial educational AM, FM or the purpose of reference and conven- TV Broadcast station shall file an Own- ience, certain Policies of the FCC. The ership Report on FCC Form 323–E with- present listing of FCC policies and ci- in 30 days of consummating authorized tations thereto should not be relied assignments or transfers of permits upon as an all-inclusive list, and the and licenses. The Ownership Report of failure to include a policy in this list the noncommercial educational per- does not affect its validity. Each sec- mittee or licensee shall give the infor- tion bears the title of one Policy and mation required by the applicable the citations which will direct the user form. to the specific document(s) pertaining (g) A copy of all ownership and sup- to that Policy. plemental ownership reports and re- [44 FR 36387, June 22, 1979] lated material filed pursuant to this section shall be maintained and made § 73.4005 Advertising—refusal to sell. available for public inspection locally See 412 U.S. 94 (Supreme Court, 1973). as required by §§ 73.3526 and 73.3527. [44 FR 36388, June 22, 1979] [44 FR 38513, July 2, 1979, as amended at 49 FR 19498, May 8, 1984; 50 FR 27450, July 3, § 73.4015 Applications for AM and FM 1985; 50 FR 40016, Oct. 1, 1985; 53 FR 2499, Jan. construction permits, incomplete or 28, 1988; 53 FR 5684, Feb. 25, 1988; 63 FR 70050, defective. Dec. 18, 1998] See Public Notice, FCC 84–366, dated § 73.3617 Broadcast information avail- August 2, 1984, 49 FR 47331, December 3, able on the Internet. 1984. The Mass Media Bureau and each of [49 FR 50048, Dec. 26, 1984] its Divisions provide information on the Internet regarding broadcast rules § 73.4017 Application processing: Com- and policies, pending and completed mercial FM stations. rulemakings, and pending applications. See Report and Order, MM Docket 84– These sites also include copies of pub- 750, FCC 85–125, adopted March 4, 1985. lic notices and texts of recent deci- 50 FR 19936, May 13, 1985. sions. The Mass Media Bureau Internet [59 FR 52086, Oct. 14, 1994] address ishttp://www.fcc.gov/mmb/; the Audio Services Division address ishttp:/ § 73.4045 Barter agreements. /www.fcc.gov/mmb/asd/; the Video Serv- See Order, FCC 72–167, adopted Feb- ices Division address is http:// ruary 16, 1972. 33 FCC 2d 653; 37 FR 4009, www.fcc.gov/mmb/vsd/; the Policy and February 25, 1972. Rules Division address is http:// www.fcc.gov/mmb/prd/; and the En- [44 FR 36388, June 22, 1979]

370

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.4101

§ 73.4050 Children’s TV programs. § 73.4091 Direct broadcast satellites. (a) See Report and Policy Statement, (a) See Report and Order, General Docket 19142, FCC 74–1174, adopted Oc- Docket 80–603, FCC 82–285, adopted tober 24, 1974. 50 FCC 2d 1; 39 FR 39396, June 23, 1982. 90 FCC 2d 676; 47 FR 31555, November 6, 1974. July 21, 1982. (b) See Report and Order; Policy (b) See Memorandum Opinion and Statement, Docket 19142, FCC 83–609, Order, FCC 82–427, adopted September 23, 1982. 91 FCC 2d. adopted December 22, 1983. 96 FCC 2d (c) See Memorandum Opinion and 634; 49 FR 1704, January 13, 1984. Order, FCC 82–498, adopted November 4, (c) See Report and Order, MM Dock- 1982. 91 FCC 2d. ets 90–570 and 83–670, FCC 91–113, adopted April 9, 1991. 6 FCC Rcd 2111; 56 FR [48 FR 9012, Mar. 3, 1983] 19611, April 19, 1991; Memorandum § 73.4094 Dolby encoder. Opinion and Order, MM Dockets 90–570 and 83–670, FCC 91–248, adopted August See Public Notice dated July 10, 1974, 1, 1991. 6 FCC Rcd 5093; 56 FR 42707, Au- 72 FCC 2d 790. gust 29, 1991. [45 FR 6403, Jan. 28, 1980] [49 FR 14509, Apr. 12, 1984, as amended at 59 § 73.4095 Drug lyrics. FR 52086, Oct. 14, 1994] (a) See Public Notice, FCC 71–205, § 73.4055 Cigarette advertising. dated March 5, 1971. 28 FCC 2d 409; 36 FR 4901, March 13, 1971. See 15 U.S.C. 1335. (b) See Memorandum Opinion and [44 FR 36388, June 22, 1979] Order, FCC 71–428, adopted April 16, 1971. 31 FCC 2d 377; 36 FR 8090, April 29, § 73.4060 Citizens agreements. 1971. (a) See Report and Order, Docket [44 FR 36388, June 22, 1979] 20495, FCC 75–1359, adopted December 10, 1975. 57 F.C.C. 2d 42; 40 F.R. 49730, § 73.4097 EBS (now EAS) attention signals on automated programing December 30, 1975. systems. (b) See Memorandum Opinion and See Public Notice dated March 1, Order, FCC 78–875, adopted December 1979. 72 FCC 2d 788; 44 FR 17792, March 21, 1978. 70 F.C.C. 2d 1672. 23, 1979. [44 FR 58720, Oct. 11, 1979] [49 FR 50049, Dec. 26, 1984, as amended at 59 FR 67103, Dec. 28, 1994] § 73.4075 Commercials, loud. See Memorandum Opinion and Order, § 73.4099 Financial qualifications, certification of. BC Docket 79–168, FCC 84–300, adopted June 27, 1984. 49 FR 28077, July 10, 1984. See Public Notice, FCC 87–97, adopted 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 hearings—specialized programming for- § 73.4100 Financial qualifications; new AM and FM stations. mats. See Public Notice, FCC 78–556, dated (a) See Memorandum Opinion and August 2, 1978. 69 FCC 2d 407; 43 FR Order, FCC 80–33, adopted January 30, 34841, August 7, 1978. 1980. 75 FCC 2d 721. (b) See Report and Order, Docket 79– [44 FR 36388, June 22, 1979] 137, FCC 79–331, adopted June 1, 1979. 72 § 73.4101 Financial qualifications, TV FCC 2d 202. stations. (c) See Memorandum Opinion and See Public Notice, FCC 79–299, dated Order, FCC 79–206, adopted March 30, May 11, 1979. 72 F.C.C. 2d 784; 44 FR 1979. 71 FCC 2d 460. 29160, May 18, 1979. [47 FR 3792, Jan. 27, 1982] [45 FR 6403, Jan. 28, 1980]

371

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.4102 47 CFR Ch. I (10–1–99 Edition)

§ 73.4102 FAA communications, broad- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, cast of. 1068, 1082 (47 U.S.C. 154, 155, 303)) See Public Notice, FCC 72–105, dated [44 FR 36388, June 22, 1979, as amended at 45 FR 28142, Apr. 28, 1980; 49 FR 45154, Nov. 15, February 2, 1972. 37 FR 3567, February 1984; 50 FR 5073, Feb. 6, 1985; 51 FR 26251, July 17, 1972. 22, 1986]

[45 FR 6403, Jan. 28, 1980] § 73.4140 Minority ownership; tax certificates and distress sales. § 73.4104 FM assignment policies and procedures. (a) See Public Notice, FCC 78–322, dated May 25, 1978. 68 FCC 2d 979; 43 FR See Report and Order, BC Docket 80– 25188, June 9, 1978. 130, FCC 82–240, adopted May 20, 1982. 90 (b) See Public Notice, FCC 78–725, FCC 2d, 88; 47 FR 26625, June 21, 1982. dated October 11, 1978. 43 FR 47612, Oc- [47 FR 54448, Dec. 3, 1982] tober 16, 1978. (c) See Policy Statement, General § 73.4107 FM broadcast assignments, Docket 82–797, FCC 82–523, adopted De- increasing availability of. cember 2, 1982. 92 FCC 2d 849; 48 FR 5943, February 9, 1983. (a) See, First Report and Order MM (d) See Report and Order, General Docket 84–231, FCC 84–640, adopted De- Docket 82–797, FCC 84–647, adopted De- cember 19, 1984. 100 FCC 2d 1332; 50 FR cember 21, 1984. 99 FCC 2d 1249; 50 FR 3514, January 25, 1994. 1239, January 10, 1985. (b) See, Second Report and Order, [44 FR 36388, June 22, 1979, as amended at 49 MM Docket 84–231, FCC 85–124, adopted FR 38132, Sept. 27, 1984; 49 FR 50049, Dec. 26, March 14, 1985. 101 FCC 2d 630; 50 FR 1984; 50 FR 47055, Nov. 14, 1985; 52 FR 11656, 15558, April 19, 1985. Apr. 10, 1987] (c) See, Memorandum Opinion and Order, MM Docket 84–231, FCC 86–76, § 73.4154 Network/AM, FM station affiliation agreements. adopted February 10, 1986. 51 FR 9210, March 18, 1986. See Report, Statement of Policy, and (d) See Public Notice, 51 FR 26009, Order, Docket 20721, FCC 77–206, adopt- July 18, 1986. ed March 10, 1977. 63 FCC 2d 674. [47 FR 28388, June 30, 1982] [51 FR 26251, July 22, 1986, as amended at 52 FR 11656, Apr. 10, 1987; 59 FR 52086, Oct. 14, § 73.4157 Network signals which ad- 1994] versely affect affiliate broadcast service. § 73.4108 FM transmitter site map submissions. See Public Notice, FCC 79–387, dated April 20, 1970. 22 F.C.C. 2d 779. See Memorandum Opinion and Order and Public Notice, adopted October 24, [45 FR 6403, Jan. 28, 1980] 1986. 1 FCC Rcd 381 (1986); 51 FR 45945, § 73.4163 Noncommercial nature of December 23, 1986. educational broadcast stations. [52 FR 11656, Apr. 10, 1987] (a) See Second Report and Order, BC Docket 21136, FCC 81–204, adopted April § 73.4110 Format changes of stations. 23, 1981. 86 FCC 2d 141; 46 FR 27944, May See Memorandum Opinion and Order, 22, 1981. Docket 20682, FCC 76–744, adopted July (b) See Order, BC Docket 21136, FCC 82–327 adopted July 15, 1982. 90 FCC 2d 28, 1976. 60 FCC 2d 858; 41 FR 37153, Sep- 895; 47 FR 36171, August 19, 1982. tember 2, 1976. (c) See Memorandum Opinion and [44 FR 36388, June 22, 1979] Order, BC Docket 21136, FCC 84–105, adopted March 28, 1984. 97 FCC 2d 255; 49 § 73.4135 Interference to TV reception FR 13534, April 5, 1984. by FM stations. (d) See, Public Notice, FCC 86–161, See Public Notice, FCC 67–1012, dated dated April 11, 1986. 51 FR 21800, June August 30, 1967, 74 FCC 2d 619. 16, 1986. Excerpt reprinted at 7 FCC Rcd 827.

372

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00372 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.4210

(e) See Memorandum Opinion and decency,’’ released April 9, 1991. See Order, FCC 90–111, adopted March 28, also News Release dated April 19, 1991. 1990. 5 FCC Rcd 4920. [59 FR 52087, Oct. 14, 1994] [47 FR 54448, Dec. 3, 1982, as amended at 51 FR 26251, July 22, 1986; 59 FR 52087, Oct. 14, § 73.4180 Payment disclosure: Payola, 1994] plugola, kickbacks. (a) See 47 U.S.C. 507. § 73.4165 Obscene language. (b) See Public Notice, FCC 70–593, (a) See FCC v. Pacifica Foundation, dated June 4, 1970. 23 FCC 2d 588; 35 FR 438 U.S. 726, 57 L.Ed 2d 1073, 46 U.S.L.W. 9045, June 11, 1970. 5018 (1978). See also Action for Children’s (c) See Public Notice, FCC 88–175, Television v. FCC, 852 F.2d 1332 (D.C. dated May 18, 1988. Cir. 1988). [44 FR 36389, June 22, 1979, as amended at 49 (b) See Action for Children’s Television FR 20504, May 15, 1984; 59 FR 52087, Oct. 14, v. FCC, [ACT III] 11 F.3d 170 (D.C. Cir. 1994] 1993). See also, Action for Children’s Tel- evision v. FCC, [ACT IV] 15 F.3d 186 § 73.4185 Political broadcasting and (D.C. Cir. 1994), rehearing granted, en telecasting, the law of. banc. (a) See ‘‘The Law of Political Broad- (c) See Report and Order, GC Docket casting and Cablecasting: Political 92–223, FCC 93–42, adopted January 19, Primer 1984,’’ 100 FCC 2d 1476 (1984). 1993. 8 FCC Rcd 704; 58 FR 5937, January (b) See Report and Order, MM Docket 25, 1993. 91–168, FCC 91–403, adopted December (d) See Memorandum Opinion and 12, 1991. 7 FCC Rcd 678; 57 FR 189, Janu- Order, FCC 93–246, adopted May 11, 1993, ary 3, 1992; Memorandum Opinion and 8 FCC Rcd 3600. Order, MM Docket 91–168, FCC 92–210, (e) See Letter to Rusk Corporation, adopted May 14, 1992. 7 FCC Rcd 4611; 57 dated May 6, 1993, FCC 93–229, 8 FCC FR 27705, June 22, 1992. Rcd 3228. [59 FR 52087, Oct. 14, 1994] (f) See Memorandum Opinion and Order, FCC 93–4, adopted January 5, § 73.4190 Political candidate author- 1993. 8 FCC Rcd 498 ization notice and sponsorship (g) See Branton v. FCC, 993 F.2d 906 identification. (D.C. Cir. 1993). (a) See Joint Public Notice by the (h) See Memorandum Opinion and Federal Communications Commission Order, DA 91–557, adopted April 30, 1991. and the Federal Election Commission, 6 FCC Rcd 2560. FCC 78–419, dated June 19, 1978. 69 FCC 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]

373

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00373 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.4215 47 CFR Ch. I (10–1–99 Edition)

§ 73.4215 Program matter: Supplier § 73.4265 Telephone conversation identification. broadcasts (network and like sources). See Public Notice, FCC 73–595, dated June 1, 1973. 41 FCC 2d 333; 38 FR 14979, See Memorandum Opinion and Order, June 7, 1973. FCC 75–1406, adopted December 18, 1975. 57 FCC 2d, 334; 41 FR 816, January 5, [44 FR 36389, June 22, 1979] 1976. § 73.4242 Sponsorship identification [44 FR 36389, June 22, 1979] rules, applicability of. § 73.4266 Tender offer and proxy state- See Public Notice dated September 3, ments. 1975, 40 FR 41936, September 9, 1975. See Policy Statement, MM Docket 85– [47 FR 28388, June 30, 1982] 218, FCC 86–67, adopted January 30, 1986. 51 FR 9794, March 21, 1986. § 73.4246 Stereophonic pilot subcarrier use during monophonic program- [51 FR 26251, July 22, 1986] ming. § 73.4267 Time brokerage. See Report and Order, Docket 19571, (a) See Policy Statement, Docket 78– FCC 73–680, adopted June 21, 1973. 41 355, FCC 80–621, adopted October 21, FCC 2d 534; 38 FR 17021, June 28, 1973. 1980. 82 FCC 2d 107. [47 FR 3792, Jan. 27, 1982] (b) See Report and Order, MM Docket 91–140, FCC 92–97, adopted March 12, § 73.4247 STV: Competing applications. 1992. 7 FCC Rcd 2755; 57 FR 18089, April See Second Report and Order, Docket 29, 1992. 21502, FCC 81–13, adopted January 8, (c) See Memorandum Opinion and 1981. 85 FCC 2d 631; 46 FR 19937, April 2, Order and Further Notice of Proposed 1981. Rule Making, MM Docket 91–140, FCC 92–361, adopted August 5, 1992. 7 FCC [47 FR 3792, Jan. 27, 1982] Rcd 6387; 57 FR 42701, September 16, 1992. § 73.4250 Subliminal perception. [47 FR 3792, Jan. 27, 1982, as amended at 59 (a) See Public Notice, FCC 74–78, FR 52087, Oct. 14, 1994] dated January 24, 1974. 44 FCC 2d, 1016; 39 FR 3714, January 29, 1974. § 73.4275 Tone clusters; audio atten- (b) See FCC Information Bulletin, tion-getting devices. ‘‘Subliminal Projection’’, dated No- See Public Notice, FCC 76–610, dated vember 1977. July 2, 1976. 60 FCC 2d 920; 41 FR 28582, July 12, 1976. [44 FR 36389, June 22, 1979] [44 FR 36389, June 22, 1979] § 73.4255 Tax certificates: Issuance of. (a) See Public Notice, FCC 76–337, § 73.4280 Character evaluation of broadcast applicants. dated April 21, 1976. 59 FCC 2d, 91; 41 FR 17605, April 27, 1976. (a) See Report and Order and Policy (b) See Report and Order MM Docket Statement, Gen. Docket 81–500, BC 87–267, FCC 91–303 adopted, September Docket 78–108, FCC 85–648, adopted De- 26, 1991. 6 FCC Rcd 6273; 56 FR 64842, De- cember 10, 1985. 102 FCC 2d 1179; 51 FR 3049, January 23, 1986. cember 12, 1991. (b) See Policy Statement and Order, [56 FR 64874, Dec. 12, 1991, as amended at 59 FCC 90–195, adopted May 10, 1990. 5 FCC FR 52087, Oct. 14, 1994] Rcd 3252, 55 FR 23082, June 6, 1990. (c) See Memorandum Opinion and § 73.4260 Teaser announcements. Order, FCC 91–146, adopted May 1, 1991. See Public Notice, FCC 62–592, dated 6 FCC Rcd 3448, 56 FR 25633, June 5, June 1, 1962. 27 FR 5274, June 5, 1962. 1991. (d) See Memorandum Opinion and [44 FR 36389, June 22, 1979] Order, FCC 92–448, adopted September

374

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00374 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 73.5002

18, 1992. 7 FCC Rcd 6564, 57 FR 47410, Oc- sign or combinatorial bidding in broad- tober 16, 1992. cast service or ITFS auctions, the Commission will determine which con- [59 FR 52087, Oct. 14, 1994] struction permits or licenses will be auctioned simultaneously or in com- Subpart I—Competitive Bidding bination. Procedures (3) Reservation price. The Commission may establish a reservation price, ei- SOURCE: 63 FR 48629, Sept. 11, 1998, unless ther disclosed or undisclosed, below otherwise noted. which a broadcast construction permit or ITFS license subject to auction will § 73.5000 Services subject to competi- be not awarded. tive bidding. (4) Minimum and maximum bid incre- (a) Mutually exclusive applications ments. The Commission may, by an- for new facilities and for major nouncement before or during broadcast changes to existing facilities in the fol- service or ITFS auctions, require min- lowing broadcast services are subject imum bid increments in dollar or per- to competitive bidding: AM; FM; FM centage terms. The Commission may, translator; analog television; low by announcement before or during power television; and television trans- broadcast service or ITFS auctions, es- lator. Mutually exclusive applications tablish maximum bid increments in for new facilities and for major dollar or percentage terms. changes to existing facilities in the In- (5) Minimum opening bids. The Com- structional Television Fixed Service mission may establish a minimum (ITFS) are also subject to competitive opening bid for each broadcast con- bidding. The general competitive bid- struction permit or ITFS license sub- ding procedures found in 47 CFR part 1, ject to auction. subpart Q will apply unless otherwise (6) Stopping rules. The Commission provided in 47 CFR part 73 and Part 74. will establish stopping rules before or (b) Mutually exclusive applications during multiple round broadcast serv- for broadcast channels in the reserved ice or ITFS auctions in order to termi- portion of the FM band (Channels 200– nate the auction within a reasonable 220) and for television broadcast chan- time. nels reserved for noncommercial edu- (7) Activity rules. The Commission cational use are not subject to com- will establish activity rules which repetitive bidding procedures. quire a minimum amount of bidding activity. In the event that the Commis- § 73.5001 Competitive bidding proce- sion establishes an activity rule in con- dures. nection with a simultaneous multiple (a) Specific competitive bidding pro- round auction, each bidder will be enti- cedures for broadcast service and ITFS tled to request and will be automati- auctions will be set forth by public no- cally granted a certain number of waiv- tice prior to any auction. The Commis- ers of such rule during the auction. sion may also design and test alternative procedures, including § 73.5002 Bidding application and cer- combinatorial bidding and real time tification procedures; prohibition of bidding. See 47 CFR 1.2103 and 1.2104. collusion. (b) The Commission may utilize the (a) Prior to any broadcast service or following competitive bidding mecha- ITFS auction, the Commission will nisms in broadcast service and ITFS issue a public notice announcing the auctions: upcoming auction and specifying the (1) Sequencing. The Commission will period during which all applicants establish and may vary the sequence in seeking to participate in an auction which broadcast service construction must file their applications for new permits and ITFS licenses will be auc- broadcast or ITFS facilities or for tioned. major changes to existing facilities. (2) Grouping. In the event the Com- Broadcast service or ITFS applications mission uses either a simultaneous for new facilities or for major modi- multiple round competitive bidding de- fications will be accepted only during

375

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00375 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.5003 47 CFR Ch. I (10–1–99 Edition)

these specified periods. This initial and tion and new station applications that other public notices will contain infor- are mutually exclusive with each mation about the completion and sub- other; or mission of applications to participate (3) Applicants for the secondary in the broadcast or ITFS auction, any broadcast services and ITFS who file materials that must accompany the ap- applications for new stations that are plications, and any filing fee that must mutually exclusive with each other. accompany the applications or any up- (d) The prohibition of collusion set front payments that will need to be forth in § 1.2105(c) of this chpater, submitted. Such public notices will which becomes effective upon the filing also, in the event mutually exclusive of short-form applications, shall apply applications are filed for broadcast to all broadcast service or ITFS auc- construction permits or ITFS licenses, tions. Notwithstanding the general ap- contain information about the method plicability of § 1.2105(c) of this chapter of competitive bidding to be used and to broadcast and ITFS auctions, the more detailed instructions on submit- following applicants will be permitted ting bids and otherwise participating to resolve their mutual exclusivities by in the auction. In the event applica- means of engineering solutions or set- tions are submitted that are not mutu- tlements during a limited period after ally exclusive with any other applica- the filing of short-form applications, as tion in the same service, such applica- further specified by Commission public tions will be identified by public notice notices: and will not be subjected to auction. (1) Applicants for all broadcast serv- (b) To participate in broadcast services and ITFS who file major modifica- ice or ITFS auctions, all applicants tion applications that are mutually ex- must timely submit short-form appli- clusive with each other; cations (FCC Form 175), along with all (2) Applicants for all broadcast serv- required certifications, information ices and ITFS who file major modifica- and exhibits, pursuant to the provi- tion and new station applications that sions of 47 CFR 1.2105(a) and any Com- are mutually exclusive with each mission public notices. So determina- other; or tions of mutual exclusivity for auction (3) Applicants for the secondary purposes can be made, applicants for broadcast services and ITFS who file non-table broadcast services or for applications for new stations that are ITFS must also submit the engineering mutually exclusive with each other. data contained in the appropriate FCC [63 FR 48629, Sept. 11, 1998, as amended at 64 form (FCC Form 301, FCC Form 346, FR 24526, May 7, 1999] FCC Form 349 or FCC Form 330). Begin- ning January 1, 1999, all short-form ap- § 73.5003 Submission of upfront pay- plications must be filed electronically. ments, down payments and full pay- (c) Applicants in all broadcast serv- ments. ice or ITFS auctions will be subject to (a) To be eligible to bid, each bidder the provisions of § 1.2105(b) of this chap- in every broadcast service or ITFS auc- ter regarding the modification and dis- tion shall submit an upfront payment missal of their short-form applications. prior to the commencement of bidding, Notwithstanding the general applica- as set forth in any public notices and bility of § 1.2105(b) of this chapter to in accordance with 47 CFR 1.2106. broadcast and ITFS auctions, the fol- (b) Within ten (10) business days following applicants will be permitted to lowing the close of bidding and notifi- resolve their mutual exclusivities by cation to the winning bidders, each making amendments to their engineer- winning bidder in every broadcast serving submissions following the filing of ice or ITFS auction shall make a down their short-form applications: payment in an amount sufficient to (1) Applicants for all broadcast serv- bring its total deposits up to twenty ices and ITFS who file major modifica- (20) percent of its high bid(s), as set tion applications that are mutually ex- forth in 47 CFR 1.2107(b). clusive with each other; (c) Each winning bidder in every (2) Applicants for all broadcast serv- broadcast service or ITFS auction shall ices and ITFS who file major modifica- pay the balance of its winning bid(s) in

376

VerDate 1599 04:40 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 73.5006

a lump sum within ten (10) business cerning designated entity status, if ap- days after release of a public notice an- plicable); and § 1.2112 (a) and (b) (con- nouncing that the Commission is pre- cerning disclosure of ownership and pared to award the construction per- real party in interest information, and, mit(s) or license(s), as set forth in 47 if applicable, disclosure of gross rev- CFR 1.2109(a). If a winning bidder fails enue information for small business ap- to pay the balance of its winning bid in plicants). a lump sum by the applicable deadline (b) The long-form application should as specified by the Commission, it will be submitted pursuant to the rules gov- be allowed to make payment within erning the service in which the appli- ten (10) business days after the pay- cant is a high bidder and according to ment deadline, provided that it also the procedures for filing such applica- pays a late fee equal to five (5) percent tions set out by public notice. When of the amount due. Broadcast construc- electronic procedures become available tion permits and ITFS licenses will be for the submission of long-form appli- granted by the Commission following cations, the Commission may require the receipt of full payment. all winning bidders to file their long- form applications electronically. § 73.5004 Bid withdrawal, default and disqualification. (c) An applicant that fails to submit the required long-form application (a) The Commission shall impose the under this section, and fails to estab- bid withdrawal, default and disquali- lish good cause for any late-filed sub- fication payments set forth in 47 CFR mission, shall be deemed to have de- 1.2104(g) upon bidders who withdraw faulted and shall be subject to the pay- high bids during the course, or after ments set forth in 47 CFR 1.2104(g). the close, of any broadcast service or (d) An applicant whose short-form ITFS auction, who default on pay- application, submitted pursuant to 47 ments due after an auction closes, or CFR 73.5002(b), was not mutually exclu- who are disqualified. Bidders who are sive with any other short-form applica- found to have violated the antitrust laws or the Commission’s rules in con- tion in the same service and was there- nection with their participation in the fore not subject to auction, shall sub- competitive bidding process may also mit an appropriate long-form applica- be subject to the remedies set forth in tion within thirty (30) days following 47 CFR 1.2109(d). release of a public notice identifying (b) In the event of a default by or the any such non-mutually exclusive appli- disqualification of a winning bidder in cants. The long-form application any broadcast service or ITFS auction, should be submitted pursuant to the the Commission will follow the proce- rules governing the relevant service dures set forth in 47 CFR 1.2109 (b)–(c) and according to any procedures for fil- regarding the reauction of the con- ing such applications set out by public struction permit(s) or license(s) at notice. The long-form application filed issue. by a non-mutually exclusive applicant need not contain the additional exhib- § 73.5005 Filing of long-form applica- its, identified in § 73.5005(a), required to tions. be submitted with the long-form appli- (a) Within thirty (30) days following cations filed by winning bidders. When the close of bidding and notification to electronic procedures become avail- the winning bidders, each winning bid- able, the Commission may require any der must submit an appropriate long- non-mutually exclusive applicants to form application (FCC Form 301, FCC file their long-form applications elec- Form 346, FCC Form 349 or FCC Form tronically. 330) for each construction permit or license for which it was the high bidder. § 73.5006 Filing of petitions to deny Long-form applications filed by win- against long-form applications. ning bidders shall include the exhibits (a) As set forth in 47 CFR 1.2108, peti- required by 47 CFR 1.2107(d) (con- tions to deny may be filed against the cerning any bidding consortia or joint long-form applications filed by winning bidding arrangements); § 1.2110(i) (con- bidders in broadcast service or ITFS

377

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.5007 47 CFR Ch. I (10–1–99 Edition)

auctions and against the long-form ap- until the grant of such permit or li- plications filed by applicants whose cense to the winning bidder. short-form applications to participate [63 FR 48629, Sept. 11, 1998, as amended at 64 in a broadcast or ITFS auction were FR 24526, May 7, 1999] not mutually exclusive with any other applicant. § 73.5007 Designated entity provisions. (b) Within ten (10) days following the (a) New entrant bidding credit. A win- issuance of a public notice announcing ning bidder that qualifies as a ‘‘new en- that a long-form application for an trant’’ may use a bidding credit to AM, FM or television construction per- lower the cost of its winning bid on any mit has been accepted for filing, peti- broadcast construction permit. Any tions to deny that application may be winning bidder claiming new entrant filed. Within fifteen (15) days following status must have de facto, as well as de the issuance of a public notice an- jure, control of the entity utilizing the nouncing that a long-form application bidding credit. A thirty-five (35) percent bidding credit will be given to a for a low power television, television winning bidder if it, and/or any indi- translator or FM translator construc- vidual or entity with an attributable tion permit or ITFS license has been interest in the winning bidder, have no accepted for filing, petitions to deny attributable interest in any other that application may be filed. Any such media of mass communications, as de- petitions must contain allegations of fined in § 73.5008. A twenty-five (25) per- fact supported by affidavit of a person cent bidding credit will be given to a or persons with personal knowledge winning bidder if it, and/or any indi- thereof. vidual or entity with an attributable (c) An applicant may file an opposi- interest in the winning bidder, have an tion to any petition to deny, and the attributable interest in no more than petitioner a reply to such opposition. three mass media facilities. No bidding Allegations of fact or denials thereof credit will be given if any of the com- must be supported by affidavit of a per- monly owned mass media facilities son or persons with personal knowledge serve the same area as the proposed thereof. In the AM, FM and television broadcast or secondary broadcast sta- broadcast services, the time for filing tion, or if the winning bidder, and/or any individual or entity with an attrib- such oppositions shall be five (5) days utable interest in the winning bidder, from the filing date for petitions to have attributable interests in more deny, and the time for filing replies than three mass media facilities. At- shall be five (5) days from the filing tributable interests held by a winning date for oppositions. In the low power bidder in existing low power television, television, television translator and television translator or FM translator FM translator broadcast services and facilities will not be counted among in ITFS, the time for filing such oppo- the bidder’s other mass media interests sitions shall be fifteen (15) days from in determining eligibility for a bidding the filing date for petitions to deny, credit. and the time for filing replies shall be (b) The new entrant bidding credit is ten (10) days from the filing date for not available to a winning bidder if it, oppositions. and/or any individual or entity with an (d) If the Commission denies or dis- attributable interest in the winning misses all petitions to deny, if any are bidder, have an attributable interest in filed, and is otherwise satisfied that an any existing media of mass commu- applicant is qualified, a public notice nications in the same area as the pro- will be issued announcing that the posed broadcast or secondary broadcast broadcast construction permit(s) or facility. ITFS license(s) is ready to be granted, (1) Any existing media of mass com- upon full payment of the balance of the munications will be considered in the ‘‘same area’’ as a proposed broadcast or winning bid(s). See 47 CFR 73.5003(c). secondary broadcast facility if the rel- Construction of broadcast stations or evant defined service areas of the exist- ITFS facilities shall not commence ing mass media facilities partially

378

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00378 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 73.5008

overlap, or are partially overlapped by, the bidding credit, plus interest based the proposed broadcast or secondary on the rate for ten-year U.S. Treasury broadcast facility’s relevant contour. obligations applicable on the date the (2) For purposes of determining construction permit was originally whether any existing media of mass granted, as a condition of Commission communications is in the ‘‘same area’’ approval of the assignment or transfer. as a proposed broadcast or secondary If a licensee or permittee that utilizes broadcast facility, the relevant defined a new entrant bidding credit seeks to service areas of the existing mass assign or transfer control of a license media facilities shall be as follows: or construction permit to an entity (i) AM broadcast station—principal that is eligible for a lower bidding community contour (see credit, the difference between the bid- § 73.3555(a)(4)(i)); ding credit obtained by the assigning (ii) FM broadcast station—principal party and the bidding credit for which community contour (see the acquiring party would qualify, plus § 73.3555(a)(4)(i)); interest based on the rate for ten-year (iii) Television broadcast station— U.S. Treasury obligations applicable on television duopoly contour (see the date the construction permit was § 73.3555(b)); originally granted, must be paid to the (iv) Cable television system—the U.S. Government as a condition of franchised community of a cable sys- Commission approval of the assign- tem; ment or transfer. The amount of the (v) Daily newspaper—community of reimbursement payments will be republication; and (vi) Multipoint Distribution Service duced over time. An assignment or station—protected service area (see transfer in the first two years after §§ 21.902(d) or 21.933 of this chapter). issuance of the construction permit to (3) For purposes of determining the winning bidder will result in a for- whether a proposed broadcast or sec- feiture of one hundred (100) percent of ondary broadcast facility is in the the value of the bidding credit; during ‘‘same area’’ as an existing mass media year three, of seventy-five (75) percent facility, the relevant contours of the of the value of the bidding credit; in proposed broadcast or secondary broad- year four, of fifty (50) percent; in year cast facility shall be as follows: five, twenty-five (25) percent; and (i) AM broadcast station—principal thereafter, no payment. If a licensee or community contour (see permittee who utilized a new entrant § 73.3555(a)(4)(i)); bidding credit in obtaining a broadcast (ii) FM broadcast station—principal license or construction permit acquires community contour (see within this five-year reimbursement § 73.3555(a)(4)(i)); 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 duopoly contour (see quired to reimburse the U.S. Govern- § 73.3555(b)); and ment for the amount of the bidding (v) Low power television or television credit. translator station—predicted, protected contour (see § 74.707(a) of this [64 FR 24526, May 7, 1999] chapter). § 73.5008 Definitions applicable for (c) Unjust enrichment. If a licensee or designated entity provisions. permittee that utilizes a new entrant bidding credit under this subsection (a) Scope. The definitions in this sec- seeks to assign or transfer control of tion apply to 47 CFR 73.5007, unless oth- its license or construction permit to an erwise specified in that section. entity not meeting the eligibility cri- (b) A medium of mass communications teria for the bidding credit, the li- means a daily newspaper; a cable tele- censee or permittee must reimburse vision system; or a license or construc- the U.S. Government for the amount of tion permit for a television broadcast

379

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00379 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 73.5009 47 CFR Ch. I (10–1–99 Edition)

station, an AM or FM broadcast sta- RULES APPLY TO ALL SERVICES, AM, FM, AND tion, a direct broadcast satellite trans- TV, UNLESS INDICATED AS PERTAINING TO A ponder, or a Multipoint Distribution SPECIFIC SERVICEÐContinued Service station. [Policies of FCC are indicated (*)] (c) An attributable interest in a winning bidder or in a medium of mass communications shall be determined in Sponsorship identification ...... 73.1212 accordance with § 73.3555 and Note 2. In See also ``Commercial'' list- addition, the attributable mass media ings. Affiliation agreements and network 73.658 interests, if any, held by an individual program practices; territorial exclu- or entity with an equity and/or debt in- sivity in non-network program ar- terest(s) in a winning bidder shall be rangements (TV). Affiliation agreements, Networks/sta- attributed to that winning bidder for tions purposes of determining its eligibility AM ...... 73.132, 73.3613, for the new entrant bidding credit, if 73.4154 (*) FM ...... 73.232, 73.3613, the equity (including all stockholdings, 73.4154 (*) whether voting or nonvoting, common TV ...... 73.658, 73.3613 or preferred) and debt interest or inter- Agreement, United States-Mexico FM 73.504 ests, in the aggregate, exceed thirty- broadcast, Channel assignments under (NCE±FM). three (33) percent of the total asset Agreements, International broad- 73.1650 value (defined as the aggregate of all casting. equity plus all debt) of the winning bid- Alarm and monitoring points, Auto- matic transmission systemÐ der. AM ...... 73.146 [63 FR 48629, Sept. 11, 1998, as amended at 64 FM ...... 73.346 NCE±FM ...... 73.546 FR 24527, May 7, 1999; 64 FR 44858, Aug. 18, Allocation, Engineering standards of 73.182 1999] (AM). Allocation, Field strength measure- 73.186 § 73.5009 Assignment or transfer of ments in; establishment of effective control. field at one mile (AM). Allotments, Table of (FM) ...... 73.202 The reporting requirement contained AM antenna systems ...... 73.45 in § 1.2111(a) of this chapter shall apply AM broadcast channels, Classes of .... 73.21, 73.23, 73.25, to an applicant seeking approval for a 73.26, 73.27, 73.29 transfer of control or assignment of a AM definitions ...... 73.14 broadcast construction permit or li- AM directional antenna field measure- 73.61 cense within three years of receiving ments. AM: Scope of subpart ...... 73.1 such permit or license by means of AM stereophonic broadcasting ...... 73.128 competitive bidding. AM transmission system emission limi- 73.44 tations. [64 FR 24527, May 7, 1999] AM transmission system fencing re- 73.49 quirements. ALPHABETICAL INDEX—PART 73 AmendmentsÐ Major/minor: Renewal, assign- 73.3578 RULES APPLY TO ALL SERVICES, AM, FM, AND ment, transfer. Matter of right ...... 73.3522 NLESS NDICATED AS ERTAINING TO A TV, U I P Procedures ...... 73.3513 SPECIFIC SERVICE Ammeters, antenna and common 73.57 [Policies of FCC are indicated (*)] point, Remote reading (AM). Announcements requiredÐ Designation of application for 73.3594 hearing. A Donor ...... 73.503, 73.621, Acceptability of broadcast transmitters 73.1660 73.1212 Access, Prime time (TV) ...... 73.658 Filing of broadcast applications .... 73.3580 Action on applications ...... 73.3591±73.3605 Sponsorship ...... 73.1212 Adjacent channel and co-channel sta- Station I.D ...... 73.1201 tions, Minimum mileage, separation Antenna base fences, (AM) ...... 73.49 betweenÐ Antenna, directional, Field measure- 73.61 FM ...... 73.207 ments (AM). NCE±FM ...... 73.507 Antenna, directional, Field strength 73.151 Administrative changes in authoriza- measurements to establish perform- tionsÐ ance of (AM). FM ...... 73.212 Antenna height and Power require- TV ...... 73.615 mentsÐ AdvertisingÐ FM ...... 73.211 Refusal to sell ...... 73.4005 (*) NCE±FM ...... 73.511

380

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 73, Index

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 SERVICEÐContinued SPECIFIC SERVICEÐContinued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)]

TV ...... 73.614 Hearing designation ...... 73.3593 Antenna heights, Minimum, or field 73.189 Hearing status retention ...... 73.3605 strength requirements (AM). Inconsistent ...... 73.3518 Antenna monitors (AM) ...... 73.69 Informal; Formal ...... 73.3511 Antenna monitors, Requirements for 73.53 International station processing .... 73.3574 authorization of (AM). License ...... 73.3536 Antenna monitors, Sampling system 73.68 Modification and simultaneous re- 73.3601 for (AM). newal of license. Antenna resistance and reactance; 73.54 Modify authorized-unbuilt facility ... 73.3535 measurements (AM). Modified station license ...... 73.3544 Antenna site, Use of commonÐ Multiple ...... 73.3520 FM ...... 73.239 Mutually exclusive applications for 73.3521 TV ...... 73.635 LPTV and TV translator and Antenna testing during daytime (AM) .. 73.157 booster stations. Antenna structure, marking and light- 73.1213 Objections, informal, Filing of ...... 73.3587 ing. Operation during repair of defec- 73.3549 Antenna system tolerances, Directional 73.62 tive, required equipment. (AM). Petitions to deny ...... 73.3584 Antenna system; Transmitter location 73.685 Program delivery to foreign sta- 73.3545 (TV). tions. Antenna systemsÐ Public notice, Designation for 73.3594 AM ...... 73.45 hearing. FM ...... 73.316 Public notice of filing ...... 73.3580 NCE±FM ...... 73.510 Renewal ...... 73.3539 TV ...... 73.685 Renewal and simultaneous modi- 73.3601 Antenna systems, Directional (AM) ..... 73.150 fication of license. Antennas, Auxiliary ...... 73.1675 Repetitious ...... 73.3519 Replacement of construction per- 73.3534 Antennas, Emergency ...... 73.1680 mit. Application and report forms ...... 73.3500 Rounding of nominal power on 73.31 ApplicationsÐ (AM). Acceptance ...... 73.3564 Signing of ...... 73.3513 Agreements for Conflict removal .. 73.3525 Special service authorizations ...... 73.3543 AM station processing ...... 73.3571 Specification of facilities ...... 73.3516 Amendment of ...... 73.3522 Temporary authorization ...... 73.3542 AM and FM construction permits, 73.4015 (*) Transfer and assignment proce- 73.3597 incomplete or defective. dures. Amendments, renewal and as- 73.3578 Transfer of control, Involuntary ..... 73.3541 signment or transfer of control. Transfer of control, Voluntary ...... 73.3540 Assign or transfer unbuilt facility ... 73.3535 Transfer or assign unbuilt facility .. 73.3535 Assignment, Involuntary ...... 73.3540 TV, LPTV, translator and TV 73.3572 Assignment, Voluntary ...... 73.3540 booster processing. Call signs ...... 73.3550 Unbuilt facilities: modify, assign or 73.3535 Conflicting ...... 73.3518 transfer. Conflicts: other North American 73.3570 Use of former main antenna as 73.3534 countries. auxiliary. Commission action required ...... 73.3561 Waiver procedure ...... 73.3603 Commission action not required ... 73.3562 Applications for broadcast facilities, 73.37 Construction period ...... 73.3598 showing required (AM). Construction permit extension ...... 73.3534 Assignment, FM Increasing availability 73.4107 (*) Construction permit forfeiture ...... 73.3599 of. Contingent applications ...... 73.3517 Assignment of stations to channels 73.28 Content ...... 73.3514 (AM). Copies, number of; when to file .... 73.3512 Assignment policies and procedures, 73.4104 (*) Defective ...... 73.3566 FM. Designation for hearing ...... 73.3593 Assignments, Table ofÐ Designation for hearing, public no- 73.3594 FM ...... 73.202 tice. NCE±FM ...... 73.501 Dismissal ...... 73.3568 TV ...... 73.606 Emergency authorization ...... 73.3542 Assignments, Channel, under the 73.504 Existing station changes ...... 73.3538 United States-MexicoÐFM Broad- Facilities specifications ...... 73.3516 cast Agreement (NCE±FM). Filing location; number of copies .. 73.3512 ATS-Automatic transmission system ... 73.1500 FM, FM translator processing ...... 73.3573 Attacks, Personal ...... 73.1920 FM stations, Commercial ...... 73.4017 (*) Aural and visual TV transmitters, Op- 73.653 Forfeiture, construction permit ...... 73.3599 eration of. Formal; informal ...... 73.3511 Aural baseband subcarriers, TV ...... 73.665 Grant, Conditional ...... 73.3592 Authorization of antenna monitors, Re- 73.53 Grants without hearing ...... 73.3591 quirements for.

381

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 73, Index 47 CFR Ch. I (10–1–99 Edition)

Authorization, Administrative changes Channels available for assignment 73.501 inÐ (NCE±FM). FM ...... 73.212 Channels, Availability ofÐ TV ...... 73.615 FM ...... 73.203 Authorizations, Experimental ...... 73.1510 TV ...... 73.607 Authorizations, Remote Control ...... 73.1400 Channels, Classes of Educational, and 73.506 Authorizations, Special Field test ...... 73.1515 stations operating thereon. Authorizations, Special temporary 73.1635 Channels, FM broadcast, Numerical 73.201 (STA). designation of. Automatic transmission system (ATS) 73.1500 Channels, Restriction on use of (FM) .. 73.220 Auxiliary antennas ...... 73.1675 Channels, TV, Numerical designation 73.603 Auxiliary transmitters ...... 73.1670 of. Availability of channelsÐ Channels, unreserved, Noncommercial 73.513 FM ...... 73.203 educational broadcast stations, op- TV ...... 73.607 erating on (NCE±FM). Availability to FCC of station logs and 73.1226 Character evaluation of broadcast ap- 73.4280 (*) records. plicants. Charts, EngineeringÐ B AM ...... 73.190 Barter agreements ...... 73.4045 (*) FM ...... 73.333 Baseband subcarriers, Aural, TV ...... 73.665 TV ...... 73.699 Blanketing interferenceÐ Charts, Groundwave field strength 73.184 AM ...... 73.88 (AM). FM ...... 73.318 Chief operators ...... 73.1870 Broadcast channels and stations, 73.21, 73.22, 73.25, Children's TV programs ...... 73.4050 (*) Classes of (AM). 73.26, 73.27, Cigarette advertising ...... 73.4055 (*) 73.29 Citizen agreements ...... 73.4060 (*) Broadcast day (definition) ...... 73.1700 Classes of AM broadcast channels 73.21, 73.22, 73.25, Broadcast facilities authorizations; 73.24 and stations. 73.26, 73.27, showing required (AM). 73.29 Broadcast facilities, showing required 73.37 Classes of noncommercial educational 73.506 for applications (AM). FM Stations and channels. Broadcast of FAA communications ...... 73.4102 (*) Classes of stations; power and an- 73.211 Broadcast of lottery information ...... 73.1211 tenna height requirements. Broadcast of taped, filmed or recorded 73.1208 Classified ads ...... 73.1212 material. Co-channel and adjacent channel sta- Broadcast of telephone conversation .. 73.1206 tions, Minimum separationÐ Broadcast transmitters, Acceptability of 73.1660 FM ...... 73.207 Broadcasting agreements, Inter- 73.1650 NCE±FM ...... 73.507 national. Combination advertising rates; joint 73.4065 (*) Broadcasting emergency information .. 73.1250 sales practices. Broadcasting, StereophonicÐ Commercials Loud ...... 73.4075 (*) FM ...... 73.297 See Also ``Advertising'' listings. NCE±FM ...... 73.596 Common antenna site, use ofÐ Broadcasts by candidates for public of- 73.1940 FM ...... 73.239 fice. TV ...... 73.635 Common point, and antenna amme- 73.57 C ters, Remote reading (AM). Call lettersÐrequests and assign- 73.3550 Communications services, Sub- ments. sidiaryÐ Candidates for public office, Broadcast 73.1940 FM ...... 73.295 by. NCE±FM ...... 73.593 Carrier frequency departure tolerances 73.1545 TV ...... 73.667 Carrier frequency measurements ...... 73.1540 Comparative broadcast hearingsÐspe- 73.4082 Certification of financial qualifications .. 73.4099(*) cialized formats(*). Changes in authorizations, Administra- Computation of interfering signal (AM) 73.185 tiveÐ Computations, Reference points and FM ...... 73.212 distanceÐ TV ...... 73.615 FM ...... 73.208 Channel assignments under the United 73.504 TV ...... 73.611 States±Mexico Broadcast Agree- Construction Near or Installation On 73.1692 ment (NCE±FM). an AM Tower. Channels and stations, Classes of AM 73.21, 73.22, 73.25, Construction period ...... 73.3598 Broadcast. 73.26, 73.27, Construction permit, forfeited ...... 73.3599 73.29 Contests, License-Conducted ...... 73.1216 Channel 6 Protection (NCE±FM) ...... 73.525 Contours, Field strengthÐ Channels, Assignment of stations to 73.28 FM ...... 73.311 (AM). TV ...... 73.683

382

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 73, Index

Contracts, Filing of ...... 73.3613 Emission limitations, AM transmission 73.44 Coverage, Prediction ofÐ system. FM ...... 73.313 Employment opportunities, Equal ...... 73.2080 TV ...... 73.684 Employment report ...... 73.3612 Cross reference to rules in other Parts 73.1010 Engineering chartsÐ D AM ...... 73.190 FM ...... 73.333 Day, Broadcast (definition) ...... 73.1700 TV ...... 73.699 Daylight Savings time ...... 73.1209 Engineering standards of allocation 73.182 Daytime (definition) ...... 73.1720 (AM). Daytime radiation, Limitation on (AM) 73.187 Engineering, Standards of good prac- 73.508 Definitions, Subscription TV ...... 73.641 tice NCR±FM. Definitions, TechnicalÐ Equal employment opportunities ...... 73.2080 AM ...... 73.14 Equipment performance measure- 73.1590 FM ...... 73.310 ments. TV ...... 73.681 Equipment tests ...... 73.1610 Deny, Petitions to ...... 73.3584 Establishment of effective field at one 73.186 Determining operating powerÐ kilometer (AM). AM ...... 73.51 Evaluation of broadcast applicant char- 73.4280 (*) FM ...... 73.267 acter. NCE±FM ...... 73.567 Exclusivity, Territorial (Network)Ð TV ...... 73.663 AM ...... 73.132 Direct broadcast satellites ...... 73.4091 (*) Directional antenna field measure- 73.61 FM ...... 73.232 ments (AM). TV ...... 73.658 Directional antenna system tolerances 73.62 Experimental authorizations ...... 73.1510 (AM). Experimental period, Operating during 73.72 Directional antennas, Field strength 73.151 the (AM). measurements to establish perform- Extension meters ...... 73.1550 ance of (AM). F Directional antenna data, Modification 73.152 FAA communications, Broadcast of ..... 73.4102 (*) of (AM). Facilities, Automatic transmission sys- Directional antenna monitoring points 73.158 temÐ (AM). AM ...... 73.142 Directional antenna systems (AM) ...... 73.150 FM ...... 73.342 Discontinuance of operation ...... 73.1750 NCE±FM ...... 73.542 Distance and Reference points, com- Facilities authorizations; Broadcast; 73.24 putations ofÐ showing required (AM). FM ...... 73.208 Fairness Doctrine ...... 73.1910 TV ...... 73.611 Distance separations, Minimum, be- FCC Policies ...... 73.4000 (*) tween stationsÐ FCC, Station inspections by ...... 73.1225 FM ...... 73.207 Fencing requirements, AM trans- 73.49 NCE±FM ...... 73.507 mission system. TV ...... 73.610 Fencing requirements, AM stations ..... 73.49 Distress sales and tax certificates, Mi- 73.4140* Field measurements, AM directional 73.61 nority ownership. antenna. Doctrine, Fairness ...... 73.1910 Field strength charts, Groundwave 73.184 Dolbey encoder ...... 73.4094 (*) (AM). Donor announcements (NCE±FM) ...... 73.503 Field strength contoursÐ Double billing ...... 73.1205 FM ...... 73.311 Drug lyrics ...... 73.4095 (*) TV ...... 73.683 Dual-language broadcasting in Puerto 73.1210 Field strength measurements: estab- 73.186 Rico, TV/FM. lishment of effective field. Field strength measurementsÐ E FM ...... 73.314 EAS (Emergency Alert System ...... 11.1±11.62 TV ...... 73.686 EAS signal test-automated systems .... 73.4097(*) Field strength measurements in sup- 73.153 Editorials, Political ...... 73.1930 port of applications or evidence at Educational, Noncommercial FM sta- 73.513 hearing (AM). tions on unreserved channels Field strength measurements to estab- 73.151 (NCE±FM). lish performance of directional an- Educational stations, Noncommercial 73.621 tennas (AM). (TV). Field strength requirements or, Min- 73.189 Effective field at one kilometer, Estab- 73.186 imum antenna heights (AM). lishment of (AM). Field test authorizations, Special ...... 73.1515 Emergency antennas ...... 73.1680 File, Political ...... 73.1940 Emergency Broadcast System (EBS) .. 73.901±73.962 File, Public ...... 73.3526±73.3527 Emergency Alert System (EAS) ...... 11.1±11.62 Filing of applications ...... 73.3511±73.3550

383

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00383 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 73, Index 47 CFR Ch. I (10–1–99 Edition)

Filing of contracts ...... 73.3613 Inspection of program logs, Public ...... 73.1850 Filmed, taped, or recorded material; 73.1208 Inspections, Station, by FCC ...... 73.1225 Broadcast of. Inspections, Transmission system ...... 73.1580 Financial qualificationsÐ Installation On or Construction Near 73.1692 AM and FM ...... 73.4100 (*) an AM Tower. TV ...... 73.4101 (*) Instruments, Indicating (requirements Financial qualifications, Certifi- 73.4099(*) for)Ð cation of. AM ...... 73.58 FM assignments, increasing avail- 73.4107 (*) FM ...... 73.258 ability. NCE±FM ...... 73.558 Foreign broadcast stationsÐPermits to 73.3545 TV ...... 73.688 furnish programs. Instruments, indicatingÐspecifications 73.1215 Forfeitures ...... 1.80 (meters). Format changes of stations ...... 73.4110 (*) Interference, BlanketingÐ Forms, Application and report ...... 73.3500 AM ...... 73.88 FM and AM programming, Duplication 73.242 FM ...... 73.318 of. Interference, Protection fromÐ FM assignment policies and proce- 73.4104 (*) FM ...... 73.209 dures. NCE±FM ...... 73.509 FM broadcast channels, Numerical 73.201 TV ...... 73.612 designation of. Interference to Astronomy, Research 73.1030 FM multiplex subcarriers, Use of ...... 73.293 and Receiving installations, Notifica- FM multiplex subcarriers transmission 73.319 tions concerning. technical standards. Interfering signal, Computation of (AM) 73.185 FM subsidiary communications serv- 73.295 International Broadcast stations ...... 73.701±73.793 ices. Definitions ...... 73.701 Communication services ...... 73.295 Assignment and use of fre- 73.702 FM transmitter site map submissions .. 73.4108 quencies. FM/TV dual-language broadcasting in 73.1210 Geographical zones and areas of 73.703 Puerto Rico. reception. Frequency measurement, Carrier ...... 73.1540 Notification of filing of applications 73.1030 Frequency departure tolerances, Car- 73.1545 Equipment tests ...... 73.712 rier. Program tests ...... 73.713 G Licensing requirements ...... 73.731 Authorizations ...... 73.732 General operating requirements (Sub- 73.643 Normal license period ...... 73.733 scription TV). Operating power ...... 73.751 General requirements for type ap- 73.692 Antenna systems ...... 73.753 proval of modulation monitors (TV). Frequency monitors ...... 73.754 General requirements relating to logs 73.1800 Modulation monitors ...... 73.755 GrantsÐ Transmission system require- 73.756 Conditional ...... 73.3592 ments. Without hearing ...... 73.3591 Auxiliary transmitters ...... 73.757 Groundwave field strength charts (AM) 73.184 Alternate main transmitters ...... 73.758 Groundwave signals (AM) ...... 73.183 Modification of transmission sys- 73.759 H tems. Hard Look Deficiencies and Amend- 73.3522(a)(6) Time of operation ...... 73.761 ments (as modified) (FM). Station inspection ...... 73.1225 Hearings, Designation of applications 73.3593 Station license and seasonal 73.1230 for. schedules, posting of. Hours, Specified ...... 73.1730 International broadcast station op- 73.764 erator requirements. I Determining operating power ...... 73.765 Identification, Sponsorship; list reten- 73.1212 Modulation and bandwidth ...... 73.766 tion, related requirements. Frequency tolerance ...... 73.1545 Identification, Station ...... 73.1201 Antenna structure marking and 73.1213 Indicating instruments (requirements lighting. for)Ð Discontinuance of operation ...... 73.1750 AM ...... 73.58 Logs ...... 73.781 FM ...... 73.258 Retention of logs ...... 73.782 NCE±FM ...... 73.558 Logs, by whom kept ...... 73.1800 TV ...... 73.688 Log form ...... 73.1800 Indicating instrumentsÐspecifications 73.1215 Log corrections ...... 73.1800 (meters). Station identification ...... 73.787 Information available on the Internet ... 73.3617 Service; Commercial or sponsored 73.788 Information, Broadcasting emergency 73.1250 programs. Input power, Antenna; how determined 73.51 Sponsorship identification ...... 73.1212 (AM). Rebroadcasts ...... 73.1207

384

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00384 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 73, Index

Equal employment opportunities .. 73.2080 Meters, Extension ...... 73.1550 International broadcasting agreements 73.1650 MetersÐspecifications ...... 73.1215 Mexican/U.S. Agreement ...... 73.3570 L MexicoÐU.S. FM Broadcast Agree- 73.504 Letters received from the public, Re- 73.1202 ment, Channel Assignment under tention of. (NCE±FM). License period, Station ...... 73.1020 Minimum antenna heights or field 73.189 Licensee-conducted contests ...... 73.1216 strength requirements (AM). Licenses, station and operator, Posting 73.1250 Minimum filing requirement (FM) ...... 73.3564(a) of. Minimum operating schedule ...... 73.1740 Licensing, Acceptability of broadcast 73.640 Minimum separations between sta- transmitters for (TV). tionsÐ Licensing by lottery or random selec- 1.1601±1.1623, FM ...... 73.207 tion. 73.3572, 73.3584, NCE±FM ...... 73.507 73.3597 TV ...... 73.610 Licensing policies (Subscription TV) .... 73.642 Minimum separation, Stations at 73.213 Licensing requirements and service 73.503 spacings below (FM). (NCE±FM). Minority ownership; tax certificates and 73.4140 (*) Lighting and marking, Antenna struc- 73.1213 distress sales. ture. Misrepresentation in advertising bill- 73.1205 Limitation on daytime radiation (AM) ... 73.187 ings. Limited time ...... 73.1725 Mode and Operating power tolerances 73.1560 Lists retention; Sponsorship identifica- 73.1212 Modification of directional antenna 73.152 tion; related requirements. Location, Main studio ...... 73.1125 data (AM). Location of transmitterÐ Modification of facilities, Operation dur- 73.1615 FM ...... 73.315 ing. TV ...... 73.685 Modification of transmission systems .. 73.1690 Location, Station ...... 73.1120 Modulation levels, AM, FM, and TV 73.1570 Location, Transmitter and antenna 73.685 aural. system (TV). Modulation monitoring equipment, Vis- 73.691 LogsÐ ual. General requirements related to 73.1800 Monitoring and alarm points, Auto- the station. matic transmission systemÐ Station ...... 73.1820 AM ...... 73.146 Program ...... 73.1810 FM ...... 73.346 Program, Public inspection of ...... 73.1850 NCE±FM ...... 73.546 Retention of ...... 73.1840 Monitoring equipment, Visual modula- 73.691 Logs and records, Availability to FCC 73.1226 tion. Lottery or random selection licensing .. 1.1601±1.1623, Monitoring point locations ...... 73.158 73.3572, 73.3584, Monitors, Antenna (AM) ...... 73.69 73.3597 Monitors, antenna, Requirements for 73.53 Lottery information, Broadcast of ...... 73.1211 authorization of (AM). Monitors, antenna, Sampling system 73.68 M for (AM). Main studio location ...... 73.1125 Multiple ownership ...... 73.3555 Main transmitters ...... 73.1665 Multiplex subcarrier transmission 73.319 Maintenance and tests, Operation for 73.1520 technical standards, FM. Marking and Lighting, Antenna struc- 73.1213 Multiplex subscribers, Use ofÐ ture. FM ...... 73.293 Measurements, Antenna resistance 73.54 TV ...... 73.665 and reactance (AM). Multiplex subsidiary, Use of ...... 73.667 Measurements, Carrier frequency ...... 73.1540 Multiplex transmission, Use of (AM) .... 73.127 Measurements, Equipment perform- 73.1590 ance. N Measurements, Field strength, for es- 73.186 NARBA (North American Regional 73.3570 tablishment of effective field at one Broadcasting Agreement). mile. (AM). Network, Affiliation agreements and 73.658 Measurements, Field strength in sup- 73.153 program practices; territorial exclu- port of applications or evidence at sivity in non-network program ar- hearings (AM). rangements (TV). Measurements, Field strengthÐ Network/AM and FM station affiliation 73.4154 (*) FM ...... 73.314 agreements. TV ...... 73.686 Network signalsÐadversely affecting 73.4157 (*) Measurements, Field strength, to es- 73.151 affiliate service. tablish performance of directional Network/station affiliation agree- antennas (AM). mentsÐ Measurements, Equipment perform- 73.1590 AM ...... 73.132, 73.3613, ance. 73.4154 (*)

385

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00385 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 73, Index 47 CFR Ch. I (10–1–99 Edition)

FM ...... 73.232, 73.3613, P 73.4154 (*) Payment disclosure: Payola, plugola, 73.4180 (*) TV ...... 73.658, 73.3613 kickbacks. Network syndication ...... 73.658 Performance measurements, Equip- 73.1590 (Network), Territorial exclusivityÐ ment. AM ...... 73.132 Performance of directional antennas, 73.151 FM ...... 73.232 Field strength measurements to es- TV ...... 73.658 tablish (AM). Nighttime service areas, Class II and 73.4160 (*) Performance requirements, AM trans- 73.40 III AM Stations; computation. mission systems. Nominal Power, Rounding of (AM) ...... 73.31 Permissible transmissions (FM) ...... 73.277 Noncommercial educational channel 73.504 Personal attacks ...... 73.1920 assignments under the United Petitions to deny ...... 73.3584 States-Mexico FM Broadcast Agree- Plans, State-wide (NCE±FM) ...... 73.502 ment. Points, Reference, and distance com- 73.611 Noncommercial educational FM sta- 73.506 putations (TV). tions and channels. Point-to-point emergency messages ... 73.1250 Noncommercial educational FM sta- 73.513 Policies, Licensing (TV) ...... 73.642 tions operating on unreserved chan- Policies of FCC ...... 73.4000 (*) nels. Political advertising by UHF translators 73.4195 (*) Noncommercial educational stations 73.621 Political advertisingÐsponsorship 73.1212 (TV). identification. Noncommercial natureÐeducational 73.4163 (*) Political broadcasting and telecasting, 73.4185 (*) broadcast stations. The law of. Notifications concerning interference to 73.1030 Political candidate authorization notice 73.4190 (*) Radio Astronomy, Research and and sponsorship identification. Receiving installations. Political editorials ...... 73.1930 Political file ...... 73.1940 Numerical designation of FM broad- 73.201 Portable test stations ...... 73.1530 cast channels. Posting of station and operator li- 73.1230 Numerical designation of TV channels 73.603 censes. O Power and antenna height require- mentsÐ Objections (informal) to applications .... 73.3587 FM ...... 73.211 Obscene language ...... 73.4165 (*) NCE±FM ...... 73.511 Obscene lyrics ...... 73.4170 (*) TV ...... 73.614 Operating during the experimental pe- 73.72 Power and mode tolerances, Oper- 73.1560 riod (AM). ating. Operating on unreserved channels, 73.513 Power, nominal, Rounding of (AM) ...... 73.31 Noncommercial educational broad- Power, operating, determiningÐ cast stations (NCE±FM). AM ...... 73.51 Operating power, DeterminingÐ FM ...... 73.267 AM ...... 73.51 NCE±FM ...... 73.567 FM ...... 73.267 TV ...... 73.663 NCE±FM ...... 73.567 Prediction of coverageÐ TV ...... 73.663 FM ...... 73.313 Operating power and mode tolerances 73.1560 TV ...... 73.684 Operating requirements, General (Sub- 73.643 Presunrise service authorization 73.99 scription TV operations). (PSRA) and Post sunset service au- Operating schedule, Minimum ...... 73.1740 thorization (PSSA). Operating schedule; time sharing 73.561 Prime time access (TV) ...... 73.658 (NCE±FM). Procedure Manual: ``The Public and 73.4210 (*) Operation, Discontinuance of ...... 73.1750 Broadcasting''. Operation during modification of facili- 73.1615 Processing of applications ...... 73.3561±73.3587 ties. Program logs ...... 73.1810 Operation for tests and maintenance .. 73.1520 Program logs, Public inspection of ...... 73.1850 Operation of TV aural and visual trans- 73.653 Program matter: Supplier identification 73.4215(*) mitters. Prgoram practices, network, and Affili- 73.658 Operation, Remote Control ...... 73.1410 ation agreements; territorial exclu- Operation, Time of ...... 73.1705 sivity in non-network program ar- Operation, Unauthorized ...... 73.1745 rangements (TV). Operator and station licenses, Posting 73.1230 Program tests ...... 73.1620 of. Prohibited overlap ...... 73.509 Operators, Chief ...... 73.1870 Proofs of performance, partial and 73.154 Operators, Transmitter duty ...... 73.1860 skeleton, Field strength measure- Overlap, Prohibited ...... 73.509 ments (AM). Ownership, Multiple ...... 73.3555 Protection from interferenceÐ Ownership report ...... 73.3615 FM ...... 73.209

386

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00386 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 73, Index

NCE-FM ...... 73.509 S TV ...... 73.612 Sampling systems for antenna mon- 73.68 Proxy statements and tender offers ..... 73.4266(*) itors (AM). Public inspection file ...... 73.3526±73.3527 Satellites, Direct broadcast ...... 73.4091(*) Public inspection of program logs ...... 73.1850 SCAÐ Public office, Broadcasts by can- 73.1940 FM ...... 73.293 didates for. Puerto Rico TV/FM, dual-language 73.1210 NCE-FM ...... 73.593 broadcasting in. Schedule, Minimum operating ...... 73.1740 Schedule; Operating, time sharing 73.561 Q (NCE-FM). Quiet zone ...... 73.1030 School closings ...... 73.1250 Scope of Subpart A (AM) ...... 73.1 R Scope of Subpart E (TV) ...... 73.601 Radiation characteristics, Vertical 73.160 Scope of Subpart H (rules common to 73.1001 plane. all broadcast stations). Radiation, daytime, Limitation on (AM) 73.187 Separations (channel) (TV) ...... 73.610 Random selection or lottery licensing .. 1.1601±1.1623, Separations, Minimum mileage, be- 73.23572, tween co-channel and adjacent 73.3584, 73.3597 channel stationsÐ Rebroadcasts ...... 73.1207 FM ...... 73.217 Recorded, taped or filmed material; 73.1208 NCE-FM ...... 73.507 Broadcast of. Separations, Stations at spacings 73.213 Recording telephone conversations ..... 73.1206 below minimum (FM). Records and logs, Availability to FCC 73.1226 Service and licensing requirements 73.503 Records, special technical ...... 73.1835 (NCE-FM). Reference, Cross, to rules in other 73.1010 Share time ...... 73.1715 Parts. Sharing time, Operating schedule 73.561 Reference points and distance com- (NCE-FM). putationsÐ Short-spacing agreements: FM sta- 73.4235(*) FM ...... 73.208 tions. TV ...... 73.611 Showing required; Applications for 73.37 Reference to time ...... 73.1209 broadcast facilities (AM). Remote control authorizations ...... 73.1400 Signal, Computation of interfering (AM) 73.185 Remote control operation ...... 73.1410 Signal, Groundwave (AM) ...... 73.183 Remote reading antenna and common 73.57 Site, common antenna, Use ofÐ point ammeters (AM). FM ...... 73.239 Renewal period ...... 73.1020 TV ...... 73.635 Report and application forms ...... 73.3500 Spacings, Stations below the minimum 73.213 Requirements, Equipment and tech- 73.644 separations (FM). nical system performance (TV). Requirements for authorization of an- 73.53 Special antenna test authorizations 73.157 tenna monitors (AM). (AM). Requirements, Subscription TV, oper- 73.643 Special field test authorization ...... 73.1515 ating. Special technical records ...... 73.1835 Requirements, Power and antenna Special temporary authorizations 73.1635 heightÐ (STA's). AM ...... 73.189 SpecificationsÐIndicating instruments 73.1215 FM ...... 73.211 (meters). NCE-FM ...... 73.511 Specified hours ...... 73.1730 TV ...... 73.614 Sponsorship identification list retention; 73.1212 Requirements, relating to logs, Gen- 73.1800 related requirements. eral. Sponsorship identification rules, Appli- 73.4242 (*) Requirements, Transmission system cability of. FM ...... 73.317 STA's (Special temporary authoriza- 73.1635 TV ...... 73.687 tions). Requirements, Transmission system 73.40 Standard time ...... 73.1209 performance (AM). Standards, FM multiplex subcarrier, 73.319 Responses and statements to Com- 73.1015 technical. mission inquiries. Standards of allocation, Engineering 73.182 Restrictions on use of channels (FM) .. 73.220 (AM). Retention of letters received from the 73.1202 Standards of good engineering prac- 73.508 public. ticeÐNCE±FM. Retention of logs ...... 73.1840 Standards, Stereophonic transmission 73.322 Rounding of nominal power (AM) ...... 73.31 (FM). (Rules common to all broadcast sta- 73.1001 Standards, Transmission ...... 73.682 tions), Scope. State-wide plans (NCE±FM) ...... 74.502 Rules in other Parts, Cross reference 73.1010 Statements and responses to Commis- 73.1015 to. sion inquiries.

387

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00387 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 73, Index 47 CFR Ch. I (10–1–99 Edition)

Station and operator licenses, Posting 74.1230 Technical definitionsÐ of. AM ...... 73.14 Station identification ...... 73.1201 FM ...... 73.310 Station inspections by FCC ...... 73.1225 TV ...... 73.681 Station license period ...... 73.1020 Technical records, Special ...... 73.1835 Station location ...... 73.1120 (Technical standards), Definitions (TV) 73.681 Station log ...... 73.1820 Telecommunications service on 73.646 Station, main studio location ...... 73.1125 vertical blanking interval. Station transferring ...... 73.1150 Telephone conversations, Broadcast of 73.1206 Stations, Assignment of, to channels 73.28 Telephone conversation broadcasts 73.4625 (*) (AM). (network and like sources). Stations at spacings below the min- 73.213 Television channels, Numerical des- 73.603 imum separation (FM). ignation of. Stations, Noncommercial educational 73.621 Temporary authorizations, Special 73.1635 (TV). (STA's). Stations, Noncommercial educational 73.513 Tender offers and proxy statements .... 73.4266(*) FM, operating on unreserved chan- Territorial exclusivily in non-network 73.658 nels. program arrangements; Affiliation Stereophonic sound broadcastingÐ agreements and network program AM ...... 73.128 practices (TV). FM ...... 73.297 Territorial exclusivity, (Network)Ð NCE±FM ...... 73.597 AM ...... 73.132 TV ...... 73.669 FM ...... 73.232 Stereophonic pilot subcarriersÐ 73.4246 (*) TV ...... 73.658 monophonic programming. Test authorization, Special field ...... 73.1515 Stereophonic sound transmission Test stations, Portable ...... 73.1530 standardsÐ Testing antenna during daytime (AM) 73.157 AM ...... 73.128 Tests and maintenance, Operation for 73.1520 FM ...... 73.322 Tests of equipment ...... 73.1610 TV ...... 73.682 Tests, Program ...... 73.1620 Studio location, Main ...... 73.1125 Time brokerage ...... 73.4627 (*) Subcarrier multiplex, transmission Time of operation ...... 73.1705 standardsÐ Time, Limited ...... 73.1725 FM ...... 73.319 Time, Reference to ...... 73.1209 Subcarrier, multiplex, Use ofÐ Time, Share ...... 73.1715 FM ...... 73.293 Time Sharing, Operating schedule 73.561 TV ...... 73.665 (NCE±FM). Subliminal perception ...... 73.4250 (*) Time, Unlimited ...... 73.1710 Subpart A, Scope of (AM) ...... 73.1 Tolerances, Carrier frequency depar- 73.1545 Subpart E, Scope of (TV) ...... 73.601 ture. Subpart H, Scope of (rules common to 73.1001 Tolerances, Directional antenna sys- 73.62 all broadcast stations). tem (AM). (Subscription TV operations), Defini- 73.641 Tolerances, Operating power and 73.1560 tions. mode. Subsidiary Communications servicesÐ Tone clusters: Audio attention-getting 73.4275 (*) FM ...... 73.295 devices. NCE±FM ...... 73.595 Topographic data (FM) ...... 73.3120 TV ...... 73.667 Tower lighting and painting ...... 73.1213 Subscription TVÐ Transferring a station ...... 73.1150 Competing applications ...... 73.4247 (*) Transmission standards, Changes in .. 73.1695 Definitions ...... 73.641 Transmission standards (TV) ...... 73.682 Licensing policies ...... 73.642 Transmission system, Automatic (ATS) 73.1500 Operating requirements ...... 73.643 Transmission system emission limita- 73.44 Transmission systems ...... 73.644 tions, (AM). Syndication, network ...... 73.658 Transmission system inspections ...... 73.1580 Transmission system installation and 73.49 T safety requirements, AM. Table of assignmentsÐ Transmission system performance re- 73.40 FM ...... 73.202 quirements (AM). TV ...... 73.606 Transmission system requirementsÐ Tables (Distance-degree conversions 73.698 FM ...... 73.317 and separations) (TV). TV ...... 73.687 Taped, filmed, or recorded material; 73.1208 Transmission systems, Modification of 73.1690 Broadcast of. Transmission systems, subscription TV 73.644 Tax certificates and distress sales; Mi- 73.4140(*) Transmissions, Permissible (FM) ...... 73.277 nority sales. Transmitter duty operators ...... 73.1860 Tax certificates: Issuance of ...... 73.4255 (*) Transmitter, LocationÐ Teaser announcements ...... 73.4260 (*) FM ...... 73.315

388

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00388 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 74

RULES APPLY TO ALL SERVICES, AM, FM, AND PART 74—EXPERIMENTAL RADIO, TV, UNLESS INDICATED AS PERTAINING TO A AUXILIARY, SPECIAL BROADCAST SPECIFIC SERVICEÐContinued AND OTHER PROGRAM DISTRIBU- [Policies of FCC are indicated (*)] TIONAL SERVICES

Subpart—General; Rules Applicable to All TV ...... 73.685 Transmitter location and antenna sys- 73.685 Services in Part 74 tem (TV). Sec. Transmitters, Auxiliary ...... 73.1670 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. 74.12 Notification of filing of applications. TV Channel 6 protection (NCE±FM) .... 73.525 74.13 Equipment tests. TV colorburst during black/white pro- 73.4272 (*) 74.14 Service or program tests. gramming. 74.15 Station license period. TV/FM dual-language broadcasting in 73.1210 Puerto Rico. 74.16 Temporary extension of station li- Type approval of modulation monitors, 73.692 censes. General requirements (TV). 74.18 Transmitter control and operation. U 74.19 Special technical records. 74.21 Broadcasting emergency information. Unauthorized operation ...... 73.1745 U.S./Mexican Agreement ...... 73.3570 74.22 Use of common antenna structure. USA-Mexico FM Broadcast Agree- 73.504 74.23 Interference jeopardizing safety of life ment, Channel assignments under or protection of property. (NCE±FM). 74.24 Short-term operation. Unlimited time ...... 73.1710 74.28 Additional orders. Unreserved channels, Noncommercial 73.513 74.30 Antenna structure, marking and light- educational broadcast stations oper- ing. ating on (NCE±FM). 74.32 Operation in the 17.8–19.7 GHz band. Use of channels, Restrictions on (FM) 73.220 Use of common antenna siteÐ FM ...... 73.239 Subpart A—Experimental Broadcast TV ...... 73.635 Stations Use of multiplex subcarriersÐ FM ...... 73.293 74.101 Experimental broadcast station. TV ...... 73.665 74.102 Uses of experimental broadcast sta- Use of multiplex transmissions (AM) ... 73.127 tions. 74.103 Frequency assignment. V 74.112 Supplementary statement with appli- Vertical blanking interval, Tele- 73.646 cation for construction permit. communication service on. 74.113 Supplementary reports with applica- Vertical plane radiation characteristics 73.160 tion for renewal of license. Visual and aural TV transmitters, Op- 73.653 74.131 Licensing requirements, necessary eration of. showing. Visual modulation monitoring equip- 73.691 ment. 74.132 Power limitations. 74.133 Emission authorized. W 74.134 Multiple ownership. Want ads ...... 73.1212 74.151 Equipment changes. Z TECHNICAL OPERATION AND OPERATORS Zone, Quiet ...... 73.1030 ZonesÐ 74.161 Frequency tolerances. FM ...... 73.205 74.162 Frequency monitors and measure- NCE±FM ...... 73.505 ments. TV ...... 73.609 74.163 Time of operation. 74.165 Posting of station license. [50 FR 38530, Sept. 23, 1985; 50 FR 40395, Oct. 74.181 Station records. 3, 1985, as amended at 51 FR 34621, 34622, 74.182 Program service and charges. Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987; 52 FR 74.183 Station identification. 47569, Dec. 15, 1987; 53 FR 2499, Jan. 28, 1988; 74.184 Rebroadcasts. 58 FR 51250, Oct. 1, 1993; 59 FR 67103, Dec. 28, 1994; 63 FR 33878, June 22, 1998] Subparts B—C [Reserved]

389

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00389 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 74 47 CFR Ch. I (10–1–99 Edition)

Subpart D—Remote Pickup Broadcast 74.643 Interference to geostationary-sat- Stations ellites. 74.644 Minimum path lengths for fixed 74.401 Definitions. links. 74.402 Frequency assignment. 74.651 Equipment changes. 74.403 Frequency selection to avoid inter- 74.655 Authorization of equipment. ference. 74.661 Frequency tolerance. 74.431 Special rules applicable to remote 74.662 Frequency monitors and measure- pickup stations. ments. 74.432 Licensing requirements and proce- 74.663 Modulation limits. dures. 74.664 Posting of station license. 74.433 Temporary authorizations. 74.682 Station identification. 74.434 Remote control operation. 74.436 Special requirements for automatic Subpart G—Low Power TV, TV Translator, relay stations. 74.451 Certification of equipment. and TV Booster Stations 74.452 Equipment changes. 74.701 Definitions. 74.461 Transmitter power. 74.702 Channel assignments. 74.462 Authorized bandwidth and emissions. 74.703 Interference. 74.463 Modulation requirements. 74.705 TV broadcast analog station protec- 74.464 Frequency tolerance. tion. 74.465 Frequency monitors and measure- 74.706 Digital TV (DTV) station protection. ments. 74.482 Station identification. 74.707 Low power TV and TV translator station protection. Subpart E—Aural Broadcast Auxiliary 74.709 Land mobile station protection. Stations 74.731 Purpose and permissible service. 74.732 Eligibility and licensing require- 74.501 Classes of aural broadcast auxiliary ments. stations. 74.733 UHF translator signal boosters. 74.502 Frequency assignment. 74.734 Attended and unattended operation. 74.503 Frequency selection. 74.735 Power limitations. 74.531 Permissible service. 74.736 Emissions and bandwidth. 74.532 Licensing requirements. 74.737 Antenna location. 74.533 Remote control and unattended oper- 74.750 Transmission system facilities. ation. 74.751 Modification of transmission sys- 74.534 Power limitations. tems. 74.535 Emission and bandwidth. 74.761 Frequency tolerance. 74.536 Directional antenna required. 74.762 Frequency measurements. 74.537 Temporary authorizations. 74.763 Time of operation. 74.550 Equipment authorization. 74.765 Posting of station and operator li- 74.551 Equipment changes. censes. 74.561 Frequency tolerance. 74.769 Copies of rules. 74.562 Frequency monitors and measure- 74.780 Broadcast regulations applicable to ments. translators, low power, and booster sta- 74.564 Posting of station license. tions. 74.582 Station identification. 74.781 Station records. Subpart F—Television Broadcast Auxiliary 74.783 Station identification. Stations 74.784 Rebroadcasts. 74.600 Eligibility for license. Subpart H—Low Power Auxiliary Stations 74.601 Classes of TV broadcast auxiliary stations. 74.801 Definitions. 74.602 Frequency assignment. 74.802 Frequency assignment. 74.603 Sound channels. 74.803 Frequency selection to avoid inter- 74.604 Interference avoidance. ference. 74.631 Permissible service. 74.831 Scope of service and permissible 74.632 Licensing requirements. transmissions. 74.633 Temporary authorizations. 74.832 Licensing requirements and proce- 74.634 Remote control operation. dures. 74.635 Unattended operation. 74.833 Temporary authorizations. 74.636 Power limitations. 74.851 Certification of equipment. 74.637 Emissions and emission limitations. 74.852 Equipment changes. 74.638 Frequency coordination. 74.861 Technical requirements. 74.641 Antenna systems. 74.882 Station identification.

390

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.2

Subpart I—Instructional Television Fixed 74.1233 Processing FM translator and boost- Service er station applications. 74.1234 Unattended operation. 74.901 Definitions. 74.1235 Power limitations and antenna sys- 74.902 Frequency assignments. tems. 74.903 Interference. 74.1236 Emission and bandwidth. 74.910 Part 73 application requirements per- 74.1237 Antenna location. taining to ITFS stations. 74.1250 Transmitters and associated equip- 74.911 Processing of ITFS station applica- ment. tions. 74.1251 Technical and equipment modifica- 74.912 Petitions to deny. tions. 74.931 Purpose and permissible service. 74.1261 Frequency tolerance. 74.932 Eligibility and licensing require- 74.1262 Frequency monitors and measurements. ments. 74.933 Remote control operation. 74.1263 Time of operation. 74.934 Unattended operation. 74.1265 Posting of station license. 74.1269 Copies of rules. 74.935 Power limitations. 74.1281 Station records. 74.936 Emissions and bandwidth. 74.1283 Station identification. 74.937 Antennas. 74.1284 Rebroadcasts. 74.938 Transmission standards. 74.1290 FM translator and booster station 74.939 ITFS response stations. information available on the Internet. 74.949 Individually licensed 125 kHz channel ITFS response stations. ALPHABETICAL INDEX—PART 74 74.951 Modification of transmission sys- AUTHORITY: 47 U.S.C. 154, 303, 307, and 554. tems. EDITORIAL NOTE: Nomenclature changes tp 74.952 Acceptability of equipment for licens- part 74 appear at 64 FR 4055, Jan. 27, 1999. ing. 74.961 Frequency tolerance. 74.962 Frequency monitors and measure- Subpart—General; Rules Applica- ments. ble to All Services in Part 74 74.963 Time of operation. 74.965 Posting of station license. § 74.1 Scope. 74.969 Copies of rules. 74.970 Modulation limits. (a) The rules in this subpart are ap- 74.971 Modulation monitors and measure- plicable to the Experimental, Auxiliary ments. and Special Broadcast, and Other Pro- 74.982 Station identification. gram Distributional Services. 74.984 Retransmissions. (b) Rules in part 74 which apply ex- 74.985 Signal booster stations. clusively to a particular service are 74.986 Involuntary ITFS station modifica- contained in that service subpart, as tions. follows: Experimental Broadcast Sta- 74.990 Use of available instructional tele- tions, subpart A; Remote Pickup vision fixed service frequencies by wireless cable entities. Broadcast Stations, subpart D; Aural 74.991 Wireless cable application proce- Broadcast STL and Intercity Relay dures. Stations, subpart E; TV Auxiliary 74.992 Access to channels licensed to wire- Broadcast Stations, subpart F; Low less cable entities. Power TV, TV Translator and TV 74.996 Applicability of cable EEO require- Booster Stations, subpart G; Low ments to ITFS facilities. Power Auxiliary Stations, subpart H; Instructional TV Fixed Service, sub- Subparts J—K Reserved [ ] part I; FM Broadcast Translator Sta- Subpart L—FM Broadcast Translator tions and FM Broadcast Booster Sta- Stations and FM Broadcast Booster Stations tions, subpart L. 74.1201 Definitions. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 74.1202 Frequency assignment. 47 U.S.C. 158, 303) 74.1203 Interference. [47 FR 53022, Nov. 24, 1982, and 49 FR 32583, 74.1204 Protection of FM broadcast stations Aug. 15, 1984, as amended at 52 FR 31402, Aug. and FM translators. 20, 1987] 74.1205 Protection of channel 6 TV broadcast stations. § 74.2 General definitions. 74.1231 Purpose and permissible service. 74.1232 Eligibility and licensing require- Broadcast network-entity. A broadcast ments. network-entity is an organization

391

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.3 47 CFR Ch. I (10–1–99 Edition)

which produces programs available for (6) Subpart I, ‘‘Procedures Imple- simultaneous transmission by 10 or menting the National Environmental more affiliated broadcast stations and Policy Act of 1969’’. (§§ 1.1301 to 1.1319). having distribution facilities or cir- (b) Part 2, ‘‘Frequency Allocations cuits available to such affiliated sta- and Radio Treaty Matters, General tions at least 12 hours each day. Rules and Regulations’’, including sub- Cable network-entity. A cable net- parts A, ‘‘Terminology’’; B, ‘‘Alloca- work-entity is an organization which tion, Assignments and Use of Radio produces programs available for simul- Frequencies’’; C, ‘‘Emissions’’; D, ‘‘Call taneous transmission by cable systems Signs and Other Forms of Identifying serving a combined total of at least Radio Transmissions’’; and J, ‘‘Equip- 5,000,000 subscribers and having dis- ment Authorization Proceedings’’. tribution facilities or circuits available to such affiliated stations or cable sys- (c) [Reserved] tems. (d) Part 17, ‘‘Construction, Marking and Lighting of Antenna Structures’’. [51 FR 4601, Feb. 6, 1986] (e) Part 73, ‘‘Radio Broadcast Serv- ices’’. § 74.3 FCC inspections of stations. (a) The licensee of a station author- [53 FR 2499, Jan. 28, 1988, as amended at 60 ized under this part must make the FR 55482, Nov. 1, 1995] station available for inspection by representatives of the FCC during the sta- § 74.12 Notification of filing of application’s business hours, or at any time it tions. is in operation. The provisions of § 73.1030 ‘‘Notifica- (b) In the course of an inspection or tion concerning interference to Radio investigation, an FCC representative Astronomy, Research, and Receiving may require special equipment tests or Installations’’ apply to all stations au- program tests. thorized under this part of the FCC (c) The logs and records required by Rules except the following: this part for the particular class or (a) Mobile remote pickup stations type of station must be made available (subpart D). upon request to representatives of the (b) TV pickup stations (subpart F). FCC. (c) Low power auxiliary stations [47 FR 53022, Nov. 24, 1982] (subpart H).

§ 74.5 Cross reference to rules in other [44 FR 58735, Oct. 11, 1979, as amended at 44 parts. FR 77167, Dec. 31, 1979; 47 FR 28388, June 30, 1982] Certain rules applicable to Experi- mental, Auxiliary, Special Broadcast § 74.13 Equipment tests. and other Program Distribution services, some of which are also applicable (a) During the process of construc- to other services, are set forth in the tion of any class of radio station listed following Parts of the FCC Rules and in this part, the permittee, without Regulations: further authority of the Commission, (a) Part 1, ‘‘Practice and procedure’’. may conduct equipment tests for the (1) Subpart A, ‘‘General Rules of purpose of such adjustments and meas- Practice and Procedure’’. (§§ 1.1 to urements as may be necessary to as- 1.120). sure compliance with the terms of the (2) Subpart B, ‘‘Hearing Pro- construction permit, the technical proceedings’’. (§§ 1.120 to 1.364). visions of the application therefor, the (3) Subpart C, ‘‘Rulemaking Pro- technical requirements of this chapter, ceedings’’. (§§ 1.399 to 1.430). and the applicable engineering stand- (4) Subpart G, ‘‘Schedule of Statu- ards. tory Charges and Procedures for Pay- (b) Equipment tests may be contin- ment’’. (§§ 1.1101 to 1.1120). ued so long as the construction permit (5) Subpart H, ‘‘Ex Parte Presen- shall remain valid. tations’’. (§§ 1.1200 to 1.1216).

392

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00392 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.15

(c) The authorization for tests em- stations located in the same area of op- bodied in this section shall not be con- eration. strued as constituting a license to op- (c) The license of an FM broadcast erate. booster station or a TV broadcast booster station will be issued for a pe- [38 FR 18378, July 10, 1973] riod running concurrently with the li- § 74.14 Service or program tests. cense of the FM radio broadcast station or TV broadcast station (primary (a) Upon completion of construction station) with which it is used. of a radio station in accordance with (d) Initial licenses for low power TV, the terms of the construction permit, TV translator, and FM translator sta- the technical provisions of the applications will ordinarily be issued for a pe- tion therefor, technical requirements riod running until the date specified in of this chapter, and applicable engi- § 73.1020 of this chapter for full service neering standards, and when an appli- stations operating in their State or cation for station license has been filed Territory, or if issued after such date, showing the station to be in satisfac- to the next renewal date determined in tory operating condition, the permittee accordance with § 73.1020 of this chap- or any class of station listed in this ter. Lower power TV and TV translator part may, without further authority of station and FM translator station li- the Commission, conduct service or censes will ordinarily be renewed for 8 program tests. years. However, if the FCC finds that (b) Program test authority for sta- the public interest, convenience or ne- tions authorized under this part will cessity will be served, it may issue ei- continue valid during Commission con- ther an initial license or a renewal sideration of the application for license thereof for a lesser term. The FCC may and during this period further exten- also issue a license renewal for a short- sion of the construction permit is not er term if requested by the applicant. required. Program test authority shall The time of expiration of all licenses be automatically terminated with final will be 3 a.m. local time, on the fol- action on the application for station li- lowing dates, and thereafter to the cense. schedule for full service stations in (c) The authorization for tests em- their states as reflected in § 73.1020 of bodied in this section shall not be con- this chapter: strued as approval by the Commission (1) Nevada: of the application for station license. (i) FM translators, February 1, 1997. [38 FR 18378, July 10, 1973] (ii) LPTV and TV translator, Feb- ruary 1, 1998. § 74.15 Station license period. (2) California: (a) Licenses for experimental broad- (i) FM translators, April 1, 1997. cast stations will be issued for a one (ii) LPTV and TV translators, April year period. 1, 1998 (b) Licenses for stations or systems (3) Maine, Vermont, New Hampshire, in the Auxiliary Broadcast Service held Massachusetts, Connecticut, Rhodes Is- by a licensee of a broadcast station will land, New York, New Jersey, Pennsyl- be issued for a period running concur- vania, Maryland, Delaware, West Vir- rently with the license of the associ- ginia, Ohio and the District of ated broadcast station with which it is Colbumia: licensed. Licenses held by eligible net- (i) FM translators, June 1, 1997 works for the purpose of providing pro- (ii) LPTV and TV translators, June 1, gram service to affiliated stations 1998 under subpart D of this part, and by el- (4) Virginia, North Carolina, South igible networks, cable television opera- Carolina, Georgia, Florida, Alabama, tors, motion picture producers and tel- Mississippi, Louisiana, Arkansas, Mis- evision program producers under sub- souri, Kentucky, Tennessee, Indiana, part H of this part will be issued for a Illinois, Michigan, Wisconsin, Pureto period running concurrently with the Rico and the Virgin Islands: normal licensing period for broadcast (i) FM translators, August 1, 1997

393

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00393 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.15 47 CFR Ch. I (10–1–99 Edition)

(ii) LPTV and TV translators, August (e) Licenses for instructional tele- 1, 1998 vision fixed stations will be issued for a (5) Oklahoma and Texas: period of 10 years beginning with the (i) FM translators, October 1, 1997 date of grant. An application for re- (ii) LPTV and TV translators, Octo- newal of license (FCC Form 330–R) ber 1, 1998 shall be filed not later than the first (6) Kansas and Nebraska: day of the fourth full calendar month (i) FM translators, December 1, 1997 prior to the expiration date of the li- (ii) LPTV and TV translators, De- cense sought to be renewed. If the pre- cember 1, 1998 scribed deadline falls on a nonbusiness (7) Iowa and South Dakota: day, the cutoff shall be the close of (i) FM translators, February 1, 1998 business of the first full business day (ii) LPTV and TV translators, Feb- thereafter. ruary 1, 1999 (8) Minnesota and North Dakota: (f) Licenses held by broadcast net- (i) FM translators, April 1, 1998 work-entities under Subpart F will or- (ii) LPTV and TV translators, April dinarily be issued for a period of 8 1, 1999 years running concurrently with the (9) Wyoming: normal licensing period for broadcast (i) FM translators, June 1, 1998 stations located in the same area of op- (ii) LPTV and TV translators, June 1, eration. An application for renewal of 1999 license (FCC Form 313–R) shall be filed (10) Montana: not later than the first day of the (i) FM translators, August 1, 1998 fourth full calendar month prior to the (ii) LPTV and TV translators, August expiration date of the license sought to 1, 1999 be renewed. If the prescribed deadline (11) Idaho: falls on a nonbusiness day, the cutoff (i) FM translators, October 1, 1995 shall be the close of business of the (ii) LPTV and TV translators, Octo- first full business day thereafter. ber 1, 1996 (g) The license of an experimental (12) Washington: broadcast station, FM translator or (i) FM translators, December 1, 1995 FM broadcast booster, TV translator or (ii) LPTV and TV translators, De- TV broadcast booster, or low power TV cember 1, 1996 station will expire as a matter of law (13) Oregon: upon failure to transmit broadcast sig- (i) FM translators, February 1, 1996 (ii) LPTV and TV translators, Feb- nals for any consecutive 12-month pe- ruary 1, 1997 riod notwithstanding any provision, (14) Alaska, American Samoa, Guam, term, or condition of the license to the Mariana Islands and Hawaii: contrary. Further, if the license of any (i) FM translators, April 1, 1996 AM, FM, or TV broadcasting station li- (ii) LPTV and TV translators, April censed under part 73 of this chapter ex- 1, 1997 pires for failure to transmit signals for (15) Colorado: any consecutive 12-month period, the (i) FM translators, June 1, 1996 licensee’s authorizations under part 74, (ii) LPTV and TV translators, June 1, subparts D, E, F, and H in connection 1997 with the operation of that AM, FM, or (16) New Mexico: TV broadcasting station will also ex- (i) FM translators, August 1, 1996 pire notwithstanding any provision, (ii) LPTV and TV translators, August term, or condition to the contrary. 1, 1997 (17) Utah: (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (i) FM translators, October 1, 1996 1068, 1082 (47 U.S.C. 154, 155, 303)) (ii) LPTV and TV translators, Octo- [28 FR 13706, Dec. 14, 1963, as amended at 49 ber 1, 1997 FR 32583, Aug. 15, 1984; 50 FR 26758, June 28, (18) Arizona: 1985; 52 FR 7142, Mar. 9, 1987; 52 FR 25604, (i) FM translators, December 1, 1996 July 8, 1987; 52 FR 31402, Aug. 20, 1987; 59 FR (ii) LPTV and TV translators, De- 63052, Dec. 7, 1994; 61 FR 28767, June 6, 1996; 62 cember 1, 1997 FR 5347, Feb. 5, 1997]

394

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00394 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.22

§ 74.16 Temporary extension of station disrupted or destroyed by storms, licenses. floods or other disasters, the stations Where there is pending before the licensed under this part may be oper- Commission any application, investiga- ated for the purpose of transmitting es- tion, or proceeding which, after hear- sential communications intended to al- ing, might lead to or make necessary leviate distress, dispatch aid, assist in the modification of, revocation of, or rescue operations, maintain order, or the refusal to renew an existing auxil- otherwise promote the safety of life iary or experimental broadcast station and property. In the course of such op- license or a television broadcast trans- eration, a station of any class may lator station license, the Commission communicate with stations of other in its discretion, may grant a temorary classes and in other services. However, extension of such license: Provided, such operation shall be conducted only however, That no such temporary ex- on the frequency or frequencies for tension shall be construed as a finding which the station is licensed and the by the Commission that the operation used power shall not exceed the max- of any radio station thereunder will imum authorized in the station license. serve public interest, convenience, and When such operation involves the use necessity beyond the express terms of of frequencies shared with other sta- such temporary extension of license: tions, licensees are expected to cooper- And provided further, That such tem- ate fully to avoid unnecessary or dis- porary extension of license will in no ruptive interference. wise affect or limit the action of the (b) Whenever such operation involves Commission with respect to any pend- communications of a nature other than ing application or proceeding. those for which the station is licensed to perform, the licensee shall, at the [28 FR 13706, Dec. 14, 1963, as amended at 37 FR 25843, Dec. 5, 1972] earliest practicable time, notify the FCC in Washington, DC of the nature § 74.18 Transmitter control and oper- of the emergency and the use to which ation. the station is being put and shall sub- Except where unattended operation sequently notify the same offices when is specifically permitted, the licensee the emergency operation has been ter- of each station authorized under the minated. provisions of this part shall designate a (c) Emergency operation undertaken person or persons to activate and con- pursuant to the provisions of this sec- trol its transmitter. At the discretion tion shall be discontinued as soon as of the station licensee, persons so des- substantially normal communications ignated may be employed for other du- facilities have been restored. The Com- ties and for operation of other transmission may at any time order dis- mitting stations if such other duties continuance of such operation. will not interfere with the proper operation of the station transmission sys- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, tems. 1068, 1082 (47 U.S.C. 154, 155, 303)) [60 FR 55482, Nov. 1, 1995] [28 FR 13706, Dec. 14, 1963, as amended at 37 FR 25843, Dec. 5, 1972; 44 FR 65765, Nov. 15, § 74.19 Special technical records. 1979; 47 FR 40175, Sept. 13, 1982] The FCC may require a broadcast § 74.22 Use of common antenna struc- auxiliary station licensee to keep oper- ture. ating and maintenance records nec- The simultaneous use of a common essary to resolve conditions of actual antenna structure by more than one or potential interference, rule viola- station authorized under this part, or tions, or deficient technical operation. by one or more stations of any other [48 FR 38482, Aug. 24, 1983] service may be authorized. The owner of each antenna structure is respon- § 74.21 Broadcasting emergency infor- sible for ensuring that the structure, if mation. required, is painted and/or illuminated (a) In an emergency where normal in accordance with part 17 of this chap- communication facilities have been ter. In the event of default by the

395

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00395 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.23 47 CFR Ch. I (10–1–99 Edition)

owner, each licensee or permittee shall regulations to the extent they are not be responsible for ensuring that the superceded by specific provisions of structure complies with applicable this section. painting and lighting requirements. (c) Short-term operation is on a secondary, non-interference basis to regu- [61 FR 4368, Feb. 6, 1996] larly authorized stations and shall be § 74.23 Interference jeopardizing safe- discontinued immediately upon notifi- ty of life or protection of property. cation that perceptible interference is being caused to the operation of a regu- (a) The licensee of any station au- larly authorized station. Short-term thorized under this part that causes station operators shall, to the extent harmful interference, as defined in § 2.1 practicable, use only the effective radi- of the Commission’s rules, to radio ated power and antenna height nec- communications involving the safety essary for satisfactory system perform- of life or protection of property shall ance. promptly eliminate the interference. (d) Short-term operation by a part 73 (b) If harmful interference to radio licensee shall not exceed 720 hours an- communications involving the safety nually per frequency. of life or protection of property cannot be promptly eliminated and the Com- NOTE: Certain frequencies shared with mission finds that there exists an im- other services which are normally available minent danger to safety of life or pro- for permanent broadcast auxiliary station assignment may not be available for short- tection of property, pursuant to 47 term operation. Refer to any note(s) which U.S.C. 312 (b) and (e) and 5 U.S.C. 558, may be applicable to the use of a specific fre- operation of the offending equipment quency prior to initiating operation. shall temporarily be suspended and shall not be resumed until the harmful (e) The antenna height of a station interference has been eliminated or the operated pursuant to this section shall threat to the safety of life or property not increase the height of any man- has passed. In situations where the pro- made antenna supporting structure, or tection of property alone is jeopard- increase by more than 6.1 meters (20 ized, before taking any action under feet) the height of any other type of this paragraph, the Commission shall man-made structure or natural forma- balance the nature and extent of the tion. However, the facilities of an au- possible property damage against the thorized broadcast auxiliary station potential harm to a licensee or the belonging to another licensee may be public caused by suspending part 74 op- operated in accordance with the terms erations. When specifically authorized, of its outstanding authorization. short test operations may be made dur- (f) Stations operated pursuant to this ing the period of suspended operation section shall be identified by the trans- to check the efficacy of remedial meas- mission of the call sign of the associ- ures. ated broadcast station. (g) The part 73 licensee of this chap- [47 FR 1395, Jan. 13, 1982] ter, prior to operating pursuant to the provisions of this section shall, for the § 74.24 Short-term operation. intended location or area-of-operation, The classes of broadcast auxiliary notify the appropriate frequency co- stations provided for in subparts D, E, ordination committee or any li- F and H of this part may be operated censee(s) assigned the use of the pro- on a short-term basis under the author- posed operating frequency, concerning ity conveyed by a part 73 license with- the particulars of the intended oper- out prior authorization from the FCC, ation and shall provide the name and subject to the following conditions: telephone number of a person who may (a) The part 73 licensee of this chap- be contacted in the event of inter- ter must be eligible to operate the par- ference. Information on active fre- ticular class of broadcast auxiliary sta- quency coordination committees may tion. be obtained by contacting the FCC’s (b) The short-term broadcast auxil- Auxiliary Services Branch at (202) 634– iary station shall be operated in con- 6307 between 8:00 a.m. and 4:30 p.m. formance with all normally applicable Eastern Time. Except as provided

396

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.24

below, this notification provision shall band. (The coordination distance is the not apply where an unanticipated need distance, calculated for any station, for immediate short-term mobile sta- according to Appendix 28 of the Inter- tion operation would render compli- national Radio Regulations.) ance with the provisions of this para- (3) A broadcast auxiliary service sta- graph impractical. tion operating on frequencies above 1 (1) A CARS licensee shall always be GHz shall not be located within the co- given advance notification prior to the ordination distance of a receiving earth commencement of short-term oper- station in Canada which uses the same ation on or adjacent to an assigned fre- frequency band. (The coordination dis- quency. tance is the distance, calculated for (h) Short-term operation is limited any station, according to Appendix 28 to areas south or west of the United of the international Radio Regula- States-Canada border as follows: tions.) (1) Use of broadcast auxiliary service frequencies below 470 MHz is limited to (i) Short-term operation of a remote areas of the United States south of pickup broadcast base station, a re- Line A or west of Line C unless the ef- mote pickup automatic relay station, fective radiated power of the station is an aural broadcast STL station, an 5 watts or less. aural broadcast intercity relay station, a TV STL station, a TV intercity relay NOTE: Line A is a line above which fre- station or a TV translator relay sta- quency assignments made by the Federal tion in the National Radio Quiet Zone, Communications Commission are coordinated with the Canadian Department of the Table Mountain Radio Receiving Communications and which begins at Aber- Zone, or near FCC monitoring stations deen, Washington, running by great circle is subject to the same advance notifi- arc to the intersection of 48° N., 120° W., then cation procedures applicable to regular along parallel 48° N., to the intersection of applications as provided for in §§ 73.1030 95° W., then by great circle arc through the and 74.12, except that inasmuch as southernmost point of Duluth, Minnesota, short-term operation does not involve ° ° then by great circle arc to 45 N., 85 W., then an application process, the provisions southward along meridian 85° W., to its intersection with parallel 41° N., then along relating to agency objection proce- parallel 41° N., to its intersection with me- dures shall not apply. It shall simply ridian 82° W., then by great circle arc be necessary for the part 73 licensee of through the southernmost point of Bangor, this chapter to contact the potentially Maine, then by great circle arc through the affected agency and obtain advance ap- southernmost point of Searsport, Maine, at proval for the proposed short-term op- which point it terminates. Line C is a line eration. Where protection to FCC mon- east of which frequency assignments are similarly coordinated and which begins at itoring stations is concerned, approval the intersection of 70° N., 144° W., then by for short-term operation may be given great circle arc to the intersection of 60° N., by the local Engineer-in-Charge. 143° W., then by great circle arc so as to in- (j)(1) This paragraph applies only to clude all of the Alaskan Panhandle. operations which will transmit on fre- (2) A broadcast auxiliary service sta- quencies under 15 GHz. Prior to com- tion operating on frequencies between mencing short-term operation of a re- 470 MHz and 1 GHz must be at least 56.3 mote pickup broadcast station, a re- kilometers (35 miles) south (or west, as mote pickup automatic relay station, appropriate of the United States-Can- an aural broadcast STL station, an ada border if the antenna looks within aural broadcast intercity relay station, a 200° sector toward the border; or, the a TV STL station, a TV intercity relay station must be at least 8.1 kilometers station, a TV translator relay station, (5 miles) south (or west, as appropriate) a TV pickup station, or a TV micro- if the antenna looks within a 160° sec- wave booster station within the 4-mile tor away from the border. However, op- (6.4 kilometer) radius Commonwealth eration is not permitted in either of of Puerto Rico Protection Zone (cen- these two situations if the station tered on NAD–83 Geographical Coordi- would be within the coordination dis- nates North Latitude 18°20′38.28″, West tance of a receiving earth station in Longitude 66°45′09.42″), an applicant Canada which uses the same frequency must notify the Arecibo Observatory,

397

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.28 47 CFR Ch. I (10–1–99 Edition)

located near Arecibo, Puerto Rico. Op- proval must be accomplished as soon as erations within the Puerto Rico Co- possible after operations begin. ordination Zone (i.e., on the islands of Puerto Rico, Desecheo, Mona, Vieques, (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; or Culebra), but outside the Protection 47 U.S.C. 158, 303) Zone, whether short term or long term, [47 FR 9219, Mar. 4, 1982, as amended at 49 FR shall provide notification to the Are- 34356, Aug. 30, 1984; 50 FR 23709, June 5, 1985; cibo Observatory prior to commencing 62 FR 55532, Oct. 27, 1997] operation. Notification should be di- § 74.28 Additional orders. rected to the following: Interference Office, Arecibo Observatory, Post Of- In case the rules contained in this fice Box 995, Arecibo, Puerto Rico part do not cover all phases of operation or experimentation with respect 00613, Tel. (809) 878–2612, Fax (809) 878– to external effects, the FCC may make 1861, E-mail [email protected]. supplemental or additional orders in (2) Notification of short-term oper- each case as may be deemed necessary. ations may be provided by telephone, fax, or electronic mail. The notifica- [47 FR 53022, Nov. 24, 1982] tion for long-term operations shall be § 74.30 Antenna structure, marking written or electronic, and shall set and lighting. forth the technical parameters of the proposed station, including the geo- The provisions of part 17 of the FCC graphical coordinates of the antenna rules (Construction, Marking, and (NAD–83 datum), antenna height above Lighting of Antenna Structures) require certain antenna structures to be ground, ground elevation at the an- painted and/or lighted in accordance tenna, antenna directivity and gain, with the provisions of §§ 17.47 through proposed frequency and FCC Rule Part, 17.56 of the FCC rules. type of emission, effective radiated power, and whether the proposed use is [47 FR 53022, Nov. 24, 1982] itinerant. Applicants may wish to consult interference guidelines, which will § 74.32 Operation in the 17.8–19.7 GHz band. be provided by Cornell University. In addition, the applicant shall indicate (a) To minimize or avoid harmful in- in its application to the Commission terference to Government Satellite the date notification was made to the Earth Stations located in the Denver, Observatory. Generally, submission of Colorado and Washington, DC areas, the information in the technical por- any application for a new station license to operate in the 17.8–19.7 GHz tion of the FCC license application is band, or for modification of an existing adequate notification. After receipt of station license in this band which such applications in non-emergency would change the frequency, power, situations, the Commission will allow emission, modulation, polarization, an- the Arecibo Observatory a period of 20 tenna height or directivity, or location days for comments or objections in re- of such a station, must be coordinated sponse to the notification indicated. with the Federal Government by the The applicant will be required to make Commission before an authorization reasonable efforts in order to resolve or will be issued, if the station or pro- mitigate any potential interference posed station is located in whole or in problem with the Arecibo Observatory part within any of the areas defined by and to file either an amendment to the the following rectangles or circles: application or a modification application, as appropriate. If the Commission Denver, CO Area determines that an applicant has satis- Rectangle 1: fied its responsibility to make reason- 41°30′00″ N. Lat. on the north able efforts to protect the Observatory 103°10′00″ W. Long. on the east ° ′ ″ from interference, its application may 38 30 00 N. Lat. on the south 106°30′00″ W. Long. on the west be granted. In emergency situations in Rectangle 2: which prior notification or approval is 38°30′00″ N. Lat. on the north not practicable, notification or ap- 105°00′00′ W. Long. on the east

398

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.112

37°30′00″ N. Lat. on the south other modes of transmission than can 105°50′00″ W. Long. on the west be accomplished by using a licensed Rectangle 3: broadcast station under an experi- 40°08′00″ N. Lat. on the north 107°00′00″ W. Long. on the east mental authorization (see § 73.1510). 39°56′00″ N. Lat. on the south 107°15′00″ W. Long. on the west (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) Washington, DC Area [49 FR 32583, Aug. 15, 1984] Rectangle 38°40′00″ N. Lat. on the north § 74.103 Frequency assignment. ° ′ ″ 78 50 00 W. Long. on the east (a) Frequencies allocated to broad- 38°10′00″ N. Lat. on the south 79°20′00″ W. Long. on the west casting and the various categories of auxiliary stations, in the FCC’s Table or of Frequency Allocations (Part 2 of (b) Within a radius of 178 km of this chapter), may be assigned respec- 38°48′00″ N. Lat./76° 52′00″ W. Long. tively to experimental broadcast and (c) In addition, no application seek- experimental auxiliary stations. ing authority to operate in the 17.8–19.7 (b) More than one frequency may be GHz band will be accepted for filing if assigned upon a satisfactory showing of the proposed station is located within the need therefor. 20 km of the following coordinates: (c) Frequencies best suited to the Denver, CO area: 39°43′00″ N. Lat./104°46′00″ W. purpose of the experimentation and on Long. which there appears to be the least Washington, DC area: 38°48′00″ N. Lat. / likelihood of interference to estab- 76°52′00″ W. Long. lished stations shall be selected. NOTE TO § 74.32: The coordinates cited in (d) In a case of important experimen- this section are specified in terms of the tation which cannot be feasibly con- ‘‘North American Datum of 1983 (NAD 83)’’ ducted on frequencies allocated to with an accuracy of ±30 meters with respect broadcasting or the various categories to the ‘‘National Spacial Reference System’’. of auxiliary stations, the FCC may authorize an experimental station of any [62 FR 55537, Oct. 27, 1997] class to operate on other frequencies upon a satisfactory showing of the need Subpart A—Experimental therefore and a showing that the pro- Broadcast Stations posed operation can be conducted without causing harmful interference to es- § 74.101 Experimental broadcast sta- tablished services. However, experi- tion. mental operation which looks toward The term experimental broadcast sta- the development of radio transmitting tion means a station licensed for exper- apparatus or the rendition of any type imental or developmental transmission of regular service using such fre- of radio telephony, television, fac- quencies will not be authorized prior to simile, or other types of telecommuni- a determination by the FCC that the cation services intended for reception development of such apparatus or the and use by the general public. rendition of such service would serve the public interest. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; [49 FR 32583, Aug. 15, 1984] 47 U.S.C. 158, 303) [28 FR 13706, Dec. 14, 1963, as amended at 49 § 74.102 Uses of experimental broad- FR 32583, Aug. 15, 1984] cast stations. A license for an experimental broad- § 74.112 Supplementary statement cast station will be issued for the pur- with application for construction poses of carrying on research and ex- permit. perimentation for the development and A supplementary statement shall be advancement of new broadcast tech- filed with, and made a part of, each ap- nology, equipment, systems or services plication for construction permit for which are more extensive or require any experimental broadcast station

399

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.113 47 CFR Ch. I (10–1–99 Edition)

confirming the applicant’s under- efficiency of the respective types of standing: transmissions. (a) That all operation upon the fre- (5) Estimated degree of public par- quency requested is for experimental ticipation in reception and the results purposes only. of observations as to the effectiveness (b) That the frequency requested may of types of transmission. not be the best suited to the particular (6) Conclusions, tentative and final. experimental work to be carried on. (7) Program of further developments (c) That the frequency requested need in broadcasting. not be allocated for any service that (8) All developments and major may be developed as a result of the exchanges in equipment. perimental operation. (9) Any other pertinent develop- (d) That any frequency which may be ments. assigned is subject to change without (b) Special or progress reports shall advance notice or hearing. be submitted from time to time as the (e) That any authorization issued Commission shall direct. pursuant to the application may be cancelled at any time without notice (Sec. 308, 48 Stat. 1084, as amended; 47 U.S.C. or hearing, and will expire as a matter 308; secs. 4, 303, 48 Stat., as amended, 1066, of law if the station fails to transmit 1032; 47 U.S.C. 158, 303) broadcast signals for any consecutive [28 FR 13706, Dec. 14, 1963, as amended at 49 12-month period, notwithstanding any FR 32583, Aug. 15, 1984] provision, term, or condition of the license to the contrary. § 74.131 Licensing requirements, nec- (f) That if approval of the experi- essary showing. mental broadcast station may have a (a) An applicant for a new experi- significant environmental impact, see mental broadcast station, change in fa- § 1.1307 of this chapter, submission of cilities of any existing station, or an environmental assessment, under modification of license is required to § 1.1311 of this chapter, and compliance make a satisfactory showing of compli- with the Commission’s environmental ance with the general requirements of rules contained in part 1 of this chap- the Communications Act of 1934, as ter is required. amended, as well as the following: (1) That the applicant has a definite (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319; secs. 4, 303, 48 Stat., as amended, 1066, program of research and experimen- 1032; 47 U.S.C. 158, 303) tation in the technical phases of broadcasting which indicates reasonable [28 FR 13706, Dec. 14, 1963, as amended at 49 FR 32583, Aug. 15, 1984; 55 FR 20398, May 16, promise of substantial contribution to 1990; 61 FR 28767, June 6, 1996] the developments of the broadcasting art. § 74.113 Supplementary reports with (2) That upon the authorization of application for renewal of license. the proposed station the applicant can (a) A report shall be filed with each and will proceed immediately with its application for renewal of experimental program of research and experimen- broadcast station license which shall tation. include a statement of each of the fol- (3) That the transmission of signals lowing: by radio is essential to the proposed (1) Number of hours operated. program of research and experimen- (2) Full data on research and experi- tation. mentation conducted including the (4) That the program of research and types of transmitting and studio equip- experimentation will be conducted by ment used and their mode of operation. qualified personnel. (3) Data on expense of research and (b) A license of an experimental operation during the period covered. broadcast station will not authorize ex- (4) Power employed, field intensity clusive use of any frequency. In case measurements and visual and aural ob- interference would be caused by simul- servations and the types of instru- taneous operation of stations licensed ments and receivers utilized to deter- experimentally, such licensees shall mine the station service area and the endeavor to arrange satisfactory time

400

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00400 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.162

division. If such agreement cannot be § 74.151 Equipment changes. reached, the FCC will determine and The licensee of an experimental specify the time division. broadcast station may make any (c) A license for an experimental changes in the equipment that are broadcast station will be issued only on deemed desirable or necessary pro- the condition that no objectionable in- vided: terference to the regular program (a) That the operating frequency is transmissions of broadcast stations not permitted to deviate more than the will result from the transmissions of allowed tolerance; the experimental stations. (b) That the emissions are not per- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; mitted outside the authorized band; 47 U.S.C. 158, 303) (c) That the power output complies [28 FR 13706, Dec. 14, 1963, as amended at 49 with the license and the regulations FR 32583, Aug. 15, 1984] governing the same; and (d) That the transmitter as a whole § 74.132 Power limitations. or output power rating of the trans- The license for experimental broad- mitter is not changed. cast stations will specify the maximum authorized power. The operating power (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; shall not be greater than necessary to 47 U.S.C. 158, 303) carry on the service and in no event [28 FR 13706, Dec. 14, 1963, as amended at 49 more than 5 percent above the max- FR 32584, Aug. 15, 1984] imum power specified. Engineering standards have not been established for TECHNICAL OPERATION AND OPERATORS these stations. The efficiency factor for the last radio stage of transmitters em- § 74.161 Frequency tolerances. ployed will be subject to individual de- The departure of the carrier fre- termination but shall be in general quency or frequencies of an experi- agreement with values normally em- mental broadcast station must not ex- ployed for similar equipment operated ceed the tolerance specified in the in- within the frequency range authorized. strument of authorization. For modes of transmission that do not have a (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; resting or center carrier frequency, the 47 U.S.C. 158, 303) occupied bandwidth of the station [49 FR 32583, Aug. 15, 1984] transmissions may not exceed that specified in the instrument of author- § 74.133 Emission authorized. ization. In case emission of a different type than that specified in the license is (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; necessary or desirable in carrying on 47 U.S.C. 158, 303) any phases of experimentation, appli- [49 FR 32584, Aug. 15, 1984] cation setting out fully the needs shall be made by informal application. § 74.162 Frequency monitors and measurements. [28 FR 13706, Dec. 14, 1963] The licensee of an experimental § 74.134 Multiple ownership. broadcast station shall provide the necessary means for determining that the No persons (including all persons frequency of the station is within the under common control) shall control, allowed tolerance. The date and time directly or indirectly, two or more ex- of each frequency check, the frequency perimental broadcast stations unless a as measured, and a description or iden- showing is made that the program of research requires a licensing of two or tification of the method employed more separate stations. shall be entered in the station log. Suf- ficient observations shall be made to [49 FR 32584, Aug. 15, 1984]

401

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00401 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.163 47 CFR Ch. I (10–1–99 Edition)

insure that the assigned carrier fre- gram material only when necessary to quency is maintained within the pre- the experiments being conducted, and scribed tolerance. no regular program service may be broadcast unless specifically author- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; ized. 47 U.S.C. 158, 303) (b) The licensee of an experimental [49 FR 32584, Aug. 15, 1984] broadcast station may make no charges nor ask for any payment, di- § 74.163 Time of operation. rectly or indirectly, for the production (a) Unless specified or restricted or transmission of any programming or hours of operation are shown in the information used for experimental station authorization, experimental broadcast purposes. broadcast stations may be operated at any time and are not required to ad- (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; here to a regular schedule of operation. 47 U.S.C. 158, 303) (b) The FCC may limit or restrict the periods of station operation in the [49 FR 32584, Aug. 15, 1984] event interference is caused to other broadcast or nonbroadcast stations. § 74.183 Station identification. (c) The FCC may require that an ex- Each experimental broadcast station perimental broadcast station conduct shall make aural or visual announce- such experiments as are deemed desir- ments of its call letters and location at able and reasonable for development of the beginning and end of each period of the type of service for which the sta- operation, and at least once every hour tion was authorized. during operation. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158, 303) [49 FR 32584, Aug. 15, 1984] [49 FR 32584, Aug. 15, 1984] § 74.165 Posting of station license. The instrument of authorization or a § 74.184 Rebroadcasts. clearly legible photocopy thereof shall (a) The term rebroadcast means recep- be available at the transmitter site. tion by radio of the programs or other [60 FR 55482, Nov. 1, 1995] transmissions of a broadcast station, and the simultaneous or subsequent re- § 74.181 Station records. transmission of such programs or (a) The licensee of each experimental transmissions by a broadcast station. broadcast station must maintain ade- (1) As used in this section, the word quate records of the operation, includ- ‘‘program’’ includes any complete pro- ing: gram or part thereof. (1) Information concerning the na- (2) The transmission of a program ture of the experimental operation and from its point of origin to a broadcast the periods in which it is being con- station entirely by common carrier fa- ducted. cilities, whether by wire line or radio, (2) Information concerning any spe- is not considered a rebroadcast. cific data requested by the FCC. (3) The broadcasting of a program re- (b) Station records must be retained layed by a remote broadcast pickup for a period of two years. station is not considered a rebroadcast. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; (b) No licensee of an experimental 47 U.S.C. 158, 303) broadcast station may retransmit the program of another U.S. broadcast sta- [49 FR 32584, Aug. 15, 1984] tion without the express authority of § 74.182 Program service and charges. the originating station. A copy of the (a) The licensee of an experimental written consent of the licensee origi- broadcast station may transmit pro- nating the program must be kept by

402

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00402 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.401

the licensee of the experimental broad- ing equipment, as for example, the cast station retransmitting such pro- emission corresponding to the carrier gram and made available to the FCC of reduced carrier systems, shall be in- upon request. cluded in the necessary bandwidth. Occupied bandwidth. The frequency (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; bandwidth such that, below its lower 47 U.S.C. 158, 303) and above its upper frequency limits, [49 FR 32584, Aug. 15, 1984] the mean powers radiated are each equal to 0.5 percent of the total mean Subparts B—C [Reserved] power radiated by a given emission. Operational communications. Commu- Subpart D—Remote Pickup nications concerning the technical and Broadcast Stations programming operation of a broadcast station and its auxiliaries. § 74.401 Definitions. Remote control operation. Operation of Associated broadcasting station(s). The a base station by a properly designated broadcasting station or stations with person on duty at a control position which a remote pickup broadcast sta- from which the transmitter is not visi- tion or system is licensed as an auxil- ble but that position is equipped with iary and with which it is principally suitable controls so that essential used. functions can be performed therefrom. Authorized bandwidth. The occupied Remote pickup broadcast base station. or necessary bandwidth, whichever is A remote pickup broadcast station au- greater, authorized to be used by a sta- thorized for operation at a specified lo- tion. cation. Automatic relay station. A remote Remote pickup broadcast mobile station. pickup broadcast base station which is A remote pickup broadcast station au- actuated by automatic means and is thorized for use while in motion or dur- used to relay transmissions between re- ing halts at unspecified locations. (As mote pickup broadcast base and mobile used in this subpart, mobile stations stations, between remote pickup broad- include hand-carried, pack-carried and cast mobile stations and from remote other portable transmitters.) pickup broadcast mobile stations to Remote pickup broadcast stations. A broadcasting stations. (Automatic op- term used in this subpart to include eration is not operation by remote con- both remote pickup broadcast base sta- trol.) tions and remote pickup broadcast mo- Carrier power. The average power at bile stations. the output terminals of a transmitter Remote pickup mobile repeater unit. A (other than a transmitter having a sup- vehicular receiver-transmitter repeater pressed, reduced or controlled carrier) used to provide extended communica- during one radio frequency cycle under tions range for a low-power hand-car- conditions of no modulation. ried or pack-carried transmitter. Mean power. The power at the output terminals of a transmitter during nor- Station. As used in this subpart, each mal operation, averaged over a time remote pickup broadcast transmitter, sufficiently long compared with the pe- and its associated accessory equipment riod of the lowest frequency encoun- necessary to the radio communication tered in the modulation. A time of 1/10 function, constitutes a separate sta- second during which the mean power is tion. greatest will be selected normally. Studio. Any room or series of rooms Necessary bandwidth. For a given equipped for the regular production of class of emission, the minimum value broadcast programs of various kinds. A of the occupied bandwidth sufficient to broadcasting booth at a stadium, con- ensure the transmission of information vention hall, church, or other similar at the rate and with the quality replace is not considered to be a studio. quired for the system employed, under Systems. A complete remote pickup specified conditions. Emissions useful broadcast facility consisting of one or for the good functioning of the receiv- more mobile stations and/or one or

403

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00403 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.402 47 CFR Ch. I (10–1–99 Edition)

more base stations authorized pursuant (5) Group L (MHz): 166.25 4. to a single license. Group M (MHz): 170.15 4. (6) Group N (MHz): 450.050; 450.150; [41 FR 29686, July 19, 1976, as amended at 42 1 FR 14728, Mar. 16, 1977; 47 FR 28388, June 30, 450.250; 450.350; 450.450; 450.550; 455.050; 1982; 47 FR 54448, Dec. 3, 1982; 51 FR 4601, Feb. 455.150; 455.250; 455.350; 455.450; 455.550. 6, 1986] Group N2 (MHz): 450.0875; 450.1125; 450.1875; 450.2125; 450.2875; 450.3125; § 74.402 Frequency assignment. 450.3875; 450.4125; 450.4875; 450.5125; (a) The following frequencies may be 450.5875; 450.6125; 455.0875; 455.1125; assigned for use by remote broadcast 455.1875; 455.2125; 455.2875; 455.3125; pickup stations and broadcast net- 455.3875; 455.4125; 455.4875; 455.5125; work-entities. Frequencies between 455.5875; 455.6125. 450.025–450.975 and 455.025–455.975 MHz (7) Group P (MHz): 450.01 6, 450.026 ; may also be assigned for use by cable 450.98 6; 450.99 6; 455.01 6; 455.02 6; 455.98 6; network-entities. 455.996. (8) Group R (MHz): 450.650, 450.700, (1) Group A (kHz): 1606, 1 1622, 1646. 450.750, 450.800, 450.850, 455.650, 455.700, (2) Group D (MHz): 25.87, 2 26.15, 26.25, 455.750, 455.800, 455.850. 26.35. Group S (MHz): 450.925, 455.925. Group E (MHz): 25.91, 2 26.17, 26.27, (b) The following frequencies are al- 26.37. located for assignment to remote pick- Group F (MHz): 25.95; 2 26.19; 26.29; up broadcast stations in Puerto Rico 26.39. Group G (MHz): 25.99; 2 26.21; 26.31; and the Virgin Islands only: 26.41. 160.89 MHz, 160.95 MHz, 160.01 MHz, Group H (MHz): 26.03; 2 26.23; 26.33; 161.07 MHz, 161.13 MHz, 161.19 MHz, 26.43. 161.25 MHz, 161.31 MHz, 161.37 MHz. (3) Group I (MHz): 26.07; 2 26.11; 26.45. NOTE: These frequencies are shared with Group J (MHz): 26.09; 2 26.13; 26.47. the Industrial/Business Pool. 8 (4) Group K 1 (MHz): 152.87 3, 152.933 , (c) For licensing purposes, a single 152.99 3, 153.05 3, 153.11 3, 153.17 3, 153.23 3, system will consist of transmitters au- 153.29 3, 153.35 3. thorized to use the following combina- Group K 8 (MHz): 161.645 ; 161.675 ; 2 tions of frequency groups in a single 161.70 5 ; 161.73 5 ; 161.76 5. area: (1) Group A. 1 Subject to the condition that no harmful (2) One group from Groups D, E, F, G, interference is caused to the reception of or H; and/or either I or J. standard broadcasting stations. 2 Subject to the condition that no harmful (3) Groups K1 and K2, and/or either L interference is caused to stations in the or M. broadcasting service. (4) Groups N1 and R. 3 Subject to the condition that no harmful (5) Group N2. interference is caused to stations operating (6) Group P. in accordance with the Table of Frequency (7) Group S. Allocations set forth in Part 2 of the Com- mission’s Rules and Regulations. Applica- tions for licenses to use frequencies in this continental United States; and is subject to group must include statements showing the condition that no harmful interference is what procedures will be taken to insure that caused to government radio stations in the interference will not be caused to stations in band 162–174 MHz. the Industrial/Business Pool. 5 These frequencies may not be used by re- 4 Operation on the frequencies 166.25 MHz mote pickup stations in Puerto Rico or the and 170.15 MHz is not authorized (i) within Virgin Islands. In other areas, certain exist- the area bounded on the west by the Mis- ing stations in the Public Safety Pool and sissippi River, on the north by the parallel of Industrial/Business Pool have been permitted latitude 37°30′ N., and on the east and south to continue operation on these frequencies by the arc of the circle with center at on condition that no harmful interference is Springfield, Ill., and radius equal to the air- caused to remote pickup broadcast stations. line distance between Springfield, Ill., and 6 The use of these frequencies is limited to Montgomery, Alabama, subtended between operational communications, including the foregoing west and north boundaries; (ii) tones for signalling and for remote control within 241.4 kilometers (150 miles) of New and automatic transmission system control York City; and (iii) in Alaska or outside the and telemetry.

404

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00404 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.402, Note

(d) License applicants shall request 26.23, 26.25, 26.27, 26.29, 26.31, 26.33, 26.35, 26.37, assignment of only those frequencies, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz; Max- both in number and channel band- imum authorized channel bandwidth: 20 kHz, width, necessary for satisfactory oper- except the channels 25.87–26.03 MHz are 40 kHz; The channels 25.87–26.09 MHz are subject ation. A licensee may operate a remote to the condition listed in subparagraph (e)(2) pickup broadcast system only if the of this Section. system is equipped to operate on all as- (3) VHF Channels: 166.25 and 170.15 MHz; signed frequencies. It is not necessary Maximum authorized channel bandwidth: 25 that each transmitter within a system kHz; These channels are subject to the condi- be equipped to operate on all author- tion listed in subparagraph (e)(8) of this Sec- ized system frequencies. tion. (e) Remote pickup broadcast stations (4) UHF Channels: 450.01, 450.02, 450.98, 450.99, 455.01, 455.02, 455.98, 455.99 MHz; Max- or systems will not be granted exclu- imum authorized channel bandwidth: 10 kHz; sive frequency assignments. The same These channels are subject to the condition frequency or frequencies may be as- listed in subparagraph (e)(9) of this Section. signed to other licensees in the same (b) One or more of the following 5 kHz seg- area. Applicants for licenses should se- ments my be stacked to form a channel lect the frequencies closest to the which may be assigned for use by broadcast lower band edges within a group that remote pickup stations using any emission contained within the resultant channel in will meet operational requirements to accordance with the provisions of § 74.462. promote the orderly and efficient use (1) VHF segments: 152.8575, 152.8625, of the allocated frequencies. 152.8675, 152.8725, 152.8775, 152.8825, 152.9175, 152.9225, 152.9275, 152.9325, 152.9375, 152.9425, (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) 152.9775, 152.9825, 152.9875, 152.9925, 152.9975, [41 FR 29686, July 19, 1976, as amended at 42 153.0025, 153.0375, 153.0425, 153.0475, 153.0525, FR 2070, Jan. 10, 1977; 42 FR 14728, Mar. 16, 153.0575, 153.0625, 153.0975, 153.1025, 153.1075, 1977; 43 FR 14661, Apr. 7, 1978; 44 FR 65765, 153.1125, 153.1175, 153.1225, 153.1575, 153.1625, 153.1675, 153.1725, 153.1775, 153.1825, 153.2175, Nov. 15, 1979; 47 FR 24580, June 7, 1982; 50 FR 153.2225, 153.2275, 153.2325, 153.2375, 153.2425, 9036. Mar. 6, 1985; 50 FR 23709, June 5, 1985; 51 153.2775, 153.2825, 153.2875, 153.2925, 153.2975, FR 4601, Feb. 6, 1986; 62 FR 18844, Apr. 17, 153.3025, 153.3375, 153.3425, 153.3475, 153.3525, 1997] 153.3575, and 153.362 MHz; Maximum author- EFFECTIVE DATE NOTE: At 49 FR 45158, Nov. ized channel bandwidth: 30 kHz; These chan- 15, 1984, § 74.402 was revised in its entirety. nels are subject to the conditions listed in However, the effective date for this revision paragraphs (e) (3), (4), and (5) of this section. is still pending. For the convenience of the (2) VHF segments: 160.8625, 160.8675, reader, the revised version of § 74.402 is set 160.8725, 160.8775, 160.8825, 160.8875, 160.8925, forth below: 160.8975, 160.9025, 160.9075, 160.9125, 160.9175, 160.9225, 160.9275, 160.9325, 160.9375, 160.9425, § 74.402 Authorized frequencies. 160.9475, 160.9525, 160.9575, 160.9625, 160.9675, Operation on all channels listed in this sec- 160.9725, 160.9775, 160.9825, 160.9875, 160.9925, tion (except: 26.07, 26.11, 26.45, 450.01, 450.02, 160.9975, 161.0025, 161.0075, 161.0125, 161.0175, 450.98, 450.99, 455.01, 455.02, 455.98, 455.99 MHz) 161.0225, 161.0275, 161.0325, 161.0375, 161.0425, shall be in accordance with the ‘‘priority of 161.0475, 161.0525, 161.0575, 161.0625, 161.0675, use’’ provisions in § 74.403(b). The channel 161.0725, 161.0775, 161.0825, 161.0875, 161.0925, will be assigned by its center frequency, 161.0975, 161.1025, 161.1075, 161.1125, 161.1175, channel bandwidth, and emission designator. 161.1225, 161.1275, 161.1325, 161.1375, 161.1425, The frequencies listed in this section rep- 161.1475, 161.1525, 161.1575, 161.1625, 161.1675, resent the center of the channel or channel 161.1725, 161.1775, 161.1825, 161.1875, 161.1925, segment. 161.1975, 161.2025, 161.2075, 161.2125, 161.2175, (a) The following channels (except 1606, 161.2225, 161.2275, 161.2325, 161.2375, 161.2425, 1622, and 1646 kHz) may be assigned for us by 161.2475, 161.2525, 161.2575, 161.2625, 161.2675, broadcast remote pickup stations using any 161.2725, 161.2775, 161.2825, 161.2875, 161.2925, emission (other than single sideband or 161.2975, 161.3025, 161.3075, 161.3125, 161.3175, pulse) that will be in accordance with the 161.3225, 161.3275, 161.3325, 161.3375, 161.3425, provisions of § 74.462. The channels 1606, 1622, 161.3475, 161.3525, 161.3575, 161.3625, 161.3675, and 1646 kHz are limited to A3E emission. 161.3725, 161.3775, 161.3825, 161.3875, 161.3925, (1) MF Channels: 1606, 1622, and 1646 kHz; and 161.3975 MHz; Maximum authorized chan- Maximum authorized channel bandwidth: 10 nel bandwidth: 30 kHz; These channels are kHz; The channel 1606 kHz is subject to the subject to the condition listed in paragraph condition listed in subparagraph (e)(1) of this (e)(6) of this section. Section. (3) VHF segments: 161.6275, 161.6325, (2) HF Channels: 25.87, 25.91, 25.95, 25.99, 161.6375, 161.6425, 161.6475, 161.6525, 161.6575, 26.03, 26.07, 26.09, 2.611, 26.13, 26.15, 26.17, 26.21, 161.6625, 161.6675, 161.6725, 161.6775, 161.6825,

405

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00405 Fmt 8010 Sfmt 8003 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.402, Note 47 CFR Ch. I (10–1–99 Edition)

161.6875, 161.6925, 161.6975, 161.7025, 161.7075, (1) UHF segments: 450.6375, 450.6625, 161.7125, 161.7175, 161.7225, 161.7275, 161.7325, 450.6875, 450.7125, 450.7375, 450.7625, 450.7875, 161.7375, 161.7425, 161.7475, 161.7525, 161.7575, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625, 161.7625, 161.7675, and 161.7725 MHz; Maximum 455.6875, 455.7125, 455.7375, 455.7625, 455.7875, authorized channel bandwidth: 30 kHz; These 455.8125, 455.8375, 455.8625 MHz. Maximum au- channels are subject to the conditions listed thorized channel bandwidth: 50 kHz. in paragraphs (e) (4) and (7) of this section. (d) One or two of the following 50 kHz seg- (4) UHF segments: 450.0275, 450.0325, ments may be stacked to form a channel 450.0375, 450.0425, 450.0475, 450.0525, 450.0575, which may be assigned for use by broadcast 450.0625, 450.0675, 450.0725, 450.0775, 450.0825, remote pickup stations using any emission 450.0875, 450.0925, 450.0975, 450.1025, 450.1075, contained within the resultant channel in 450.1125, 450.1175, 450.1225, 450.1275, 450.1325, accordance with the provisions of Section 450.1375, 450.1425, 450.1475, 450.1525, 450.1575, 74.462. Users committed to 100 kHz 450.1625, 450.1675, 450.1725, 450.1775, 450.1825, bandwidths and transmitting program material will have primary use of these channels. 450.1875, 450.1925, 450.1975, 450.2025, 450.2075, (1) UHF segments: 450.900, 450.950, 455.900, 450.2125, 450.2175, 450.2225, 450.2275, 450.2325, and 455.950 MHz; Maximum authorized chan- 450.2375, 450.2425, 450.2475, 450.2525, 450.2575, nel bandwidth: 100 kHz. 450.2625, 450.2675, 450.2725, 450.2775, 450.2825, (e) Conditions on Broadcast Remote Pick- 450.2875, 450.2925, 450.2975, 450.3025, 450.3075, up Service channel usage as referred to in 450.3125, 450.3175, 450.3225, 450.3275, 450.3325, subparagraphs (a) through (d) above: 450.3375, 450.3425, 450.3475, 450.3525, 450.3575, (1) Operation is subject to the condition 450.3625, 450.3675, 450.3725, 450.3775, 450.3825, that no harmful interference is caused to the 450.3875, 450.3925, 450.3975, 450.4025, 450.4075, reception of AM broadcast stations. 450.4125, 450.4175, 450.4225, 450.4275, (2) Operation is subject to the condition 450.4325,450.4375, 450.4425, 450.4475, 450.4525, that no harmful interference is caused to 450.4575, 450.4625, 450.4675, 450.4725, 450.4775, stations in the broadcast service. 450.4825, 450.4875, 450.4925, 450.4975, 450.5025, (3) Operation is subject to the condition 450.5075, 450.5125, 450.5175, 450.5225, 450.5275, that no harmful interference is caused to 450.5325, 450.5375, 450.5425, 450.5475, 450.5525, stations operating in accordance with the 450.5575, 450.5625, 450.5675, 450.5725, 450.5775, Table of Frequency Allocations set forth in 450.5825, 450.5875, 450.5925, 450.5975, 450.6025, Part 2 of the Commission’s Rules and Regu- 450.6075, 450.6125, 450.6175, 450.6225, 455.0275, lations. Applications for licenses to use fre- 455.0325, 455.0375, 455.0425, 455.0475, 455.0525, quencies in this band must include state- 455.0575, 455.0625, 455.0675, 455.0725, 455.0775, ments showing what procedures will be 455.0825, 455.0875, 455.0925, 455.0975, 455.1025, taken to ensure that interference will not be 455.1075, 455.1125, 455.1175, 455.1225, 455.1275, caused to stations in the Industrial Radio 455.1325, 455.1375, 455.1425, 455.1475, 455.1525, Services. 455.1575, 455.1625, 455.1675, 455.1725, 455.1775, (4) These frequencies will not be licensed 455.1825, 455.1875, 455.1925, 455.1975, 455.2025, to network entities. 455.2075, 455.2125, 455.2175, 455.2225, 455.2275, (5) These frequencies will not be authorized 455.2325, 455.2375, 455.2425, 455.2475, 455.2525, to new stations for use on board aircraft. 455.2575, 455.2625, 455.2675, 455.2725, 455.2775, (6) These frequencies are allocated for as- 455.2825, 455.2875, 455.2925, 455.2975, 455.3025, signment to broadcast remote pickup sta- 455.3075, 455.3125, 455.3175, 455.3225, 455.3275, tions in Puerto Rico or the Virgin Islands 455.3325, 455.3375, 455.3425, 455.3475, 455.3525, only. 455.3575, 455.3625, 455.3675, 455.3725, 455.3775, 455.3825, 455.3875, 455.3925, 455.3975, 455.4025, NOTE: These frequencies are shared with 455.4075, 455.4125, 455.4175, 455.4225, 455.4275, Public Safety and Land Transportation 455.4325, 455.4375, 455.4425, 455.4475, 455.4525, Radio Services. 455.4575, 455.4625, 455.4675, 455.4725, 455.4775, (7) These frequencies may not be used by 455.4825, 455.4875, 455.4925, 455.4975, 455.5025, broadcast remote pickup stations in Puerto 455.5075, 455.5125, 455.5175, 455.5225, 455.5275, Rico or the Virgin Islands. In other areas, 455.5325, 455.5375, 455.5425, 455.5475, 455.5525, certain existing stations in the Public Safety 455.5575, 455.5625, 455.5675,455.5725, 455.5775, and Land Transportation Radio Services 455.5825, 455.5875, 455.5925, 455.5975, 455.6025, have been permitted to continue operation 455.6075, 455.6125, 455.6175, 455.6225 MHz. Max- on these frequencies on condition that no imum authorized channel bandwidth: 50 kHz. harmful interference is caused to broadcast (c) One or two of the following 25 kHz seg- remote pickup stations. ments may be stacked to form a channel (8) Operation on the frequencies 166.25 MHz which may be assigned for use by broadcast and 170.15 MHz is not authorized: (i) Within remote pickup stations using any emission the area bounded on the west by the Mis- contained within the resultant channel in sissippi River, on the north by the parallel of accordance with the provisions of § 74.462. latitude 37 degrees 30 minutes N., and radius Users committed to 50 kHz bandwidths and equal to the air-line distance between transmitting program material will have pri- Springfield, Ill., and Montgomery, Alabama, mary use of these channels. subtended between the foregoing west and

406

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00406 Fmt 8010 Sfmt 8003 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.431

north boundaries; (ii) Within 150 miles (241 (5) Tests or drills to check the per- KM) of New York City; and, (iii) In Alaska or formance of stand-by or emergency cir- outside the continental United States; and is cuits. subject to the condition that no harmful interference is caused radio stations in the § 74.431 Special rules applicable to re- band 162–174 MHz. mote pickup stations. (9) The use of these frequencies is limited to operational communications, including (a) Remote pickup mobile stations tones for signaling and for remote control may be used for the transmission of and automatic transmission system control material from the scene of events and telemetry. which occur outside the studio back to (f) License applicants shall request assign- studio or production center. The trans- ment of only those channels, both in number mitted material shall be intended for and bandwidth, necessary for satisfactory the licensee’s own use and may be operation and for which the system is equipped to operate. However, it is not nec- made available for use by any other essary that each transmitter within a sys- broadcast station or cable system. tem be equipped to operate on all frequencies (b) Remote pickup mobile or base authorized to that licensee. stations may be used for communica- (g) Remote pickup stations or systems will tions related to production and tech- not be granted exclusive channel assign- nical support of the remote program. ments. The same channel or channels may be This includes cues, orders, dispatch in- assigned to other licensees in the same area. structions, frequency coordination, es- When such sharing is necessary, the provi- tablishing microwave links, and oper- sions of § 74.403 shall apply. ational communications. Operational (h) Each authorization for a new broadcast remote pickup station or system shall re- communications are alerting tones and quire the use of type accepted equipment. special signals of short duration used for telemetry or control. [49 FR 45158, Nov. 15, 1984, as amended at 51 (c) Remote pickup mobile or base FR 32089, Sept. 9, 1986] stations may communicate with any § 74.403 Frequency selection to avoid other station licensed under this sub- interference. part. (d) Remote pickup mobile stations (a) Where two or more remote pickup may be operated as a vehicular rebroadcast station licensees are author- peater to relay program material and ized to operate on the same frequency communications between stations li- or group of frequencies in the same censed under this subpart. Precautions area and when simultaneous operation shall be taken to avoid interference to is contemplated, the licensees shall en- other stations and the vehicular re- deavor to select frequencies or sched- peater shall only be activated by hand- ule operation in such manner as to carried or pack-carried units. avoid mutual interference. If mutual (e) The output of hand-carried or agreement to this effect cannot be pack-carried transmitter units used reached the Commission shall be noti- with a vehicular repeater is limited to fied and it will specify the frequency or 2.5 watts. The output of a vehicular re- frequencies on which each station is to peater transmitter used as a talkback be operated. unit on an additional frequency is lim- (b) The following order of priority of ited to 2.5 watts. transmissions shall be observed on all (f) Remote pickup base and mobile frequencies except those listed in stations in Alaska, Guam, Hawaii, § 74.402 (a)(3), (a)(7) and (a)(8): Puerto Rico, and the Virgin Islands (1) Communications during an emer- may be used for any purpose related to gency or pending emergency directly the programming or technical oper- related to the safety of life and prop- ation of a broadcasting station, except erty. for transmission intended for direct re- (2) Program material to be broadcast. ception by the general public. (3) Cues, orders, and other related (g) A broadcast licensee eligible for communications immediately nec- ‘‘short-term operation’’ under § 74.24, essary to the accomplishment of a may operate RPU base or mobile sta- broadcast. tions under the authorization of the (4) Operational communications. Part 73 license for an indefinite period

407

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00407 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.432 47 CFR Ch. I (10–1–99 Edition)

upon filing an application for auxiliary such stations on more than two fre- operation with the Commission and quencies in a single area. subject to the conditions of § 74.24 (a), (c) Base stations may use voice com- (b), (e), (f), (h), (i), and to the condi- munications between the studio and tions set forth below: transmitter or points of any intercity (1) The auxiliary station is located relay system on frequencies in Groups within 50 miles (80 km) of the broad- I and J. cast studio or broadcast transmitter. (d) Base stations may be authorized (2) The applicant must coordinate the to establish standby circuits from operation with all affected co-channel places where official broadcasts may be and adjacent channel licensees in the made during times of emergency and area of operation. This requirement circuits to interconnect an emergency can be satisfied by coordination with survival communications system. the local frequency committee if one exists. (e) In Alaska, Guam, Hawaii, Puerto (3) Such operation shall be suspended Rico, and the Virgin Islands, base sta- immediately upon notification from tions may provide program circuits be- the Commission or by the Engineer in tween the studio and transmitter or to Charge (EIC) of the Commission’s local relay programs between broadcasting field office, and shall not be resumed stations. A base station may be oper- until specific authority is given by the ated unattended in accordance with the Commission or EIC. When authorized following: by the EIC, short test operations may (1) The station must be designed, in- be made. stalled, and protected so that the (4) Operation under this provision is transmitter can only be activated or not permitted between 152.87 MHz and controlled by persons authorized by the 153.35 MHz. licensee. (h) In the event that normal aural (2) The station must be equipped with studio to transmitter circuits are dam- circuits to prevent transmitter oper- aged, stations licensed under Subpart ation when no signal is received from D may be used to provide temporary the station which it is relaying. circuits for a period not exceeding 30 (f) Remote pickup stations may use days without further authority from only those frequencies and bandwidths the Commission necessary to continue which are necessary for operation. broadcasting. (g) An application for a remote pick- (i) Remote pickup mobile or base sta- up broadcast station or system shall tions may be used for activities associ- specify the broadcasting station or sta- ated with the Emergency Broadcast tions (where more than one broad- System and similar emergency sur- casting station is specified, all such vival communications systems. Drills broadcasting stations shall be licensed and tests are also permitted on these to the applicant and to the same com- stations, but the priority requirements munity) with which the remote pickup of § 74.403(b) must be observed in such broadcast facility is to be principally cases. used and the licensed area of operation [51 FR 4602, Feb. 6, 1986] for a system which includes mobile stations shall be the area considered to be § 74.432 Licensing requirements and served by the associated broadcasting procedures. station or stations. Mobile stations (a) A license for a remote pickup sta- may be operated outside the licensed tion will be issued to: the licensee of an area of operation pursuant to AM, FM, noncommercial FM, TV, § 74.431(d). Where the applicant for re- international broadcast or low power mote pickup broadcast facilities is the TV station; broadcast network-entity; licensee of more than one class of or cable network-entity. broadcasting station (AM, FM, TV), all (b) Base stations may operate as licensed to the same community, des- automatic relay stations on the fre- ignation of one or more such stations quencies listed in § 74.402(a) (6) and (8) as the associated broadcasting station under the provisions of § 74.436, how- or stations will not preclude use of the ever, one licensee may not operate remote pickup broadcast facilities with

408

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00408 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.433

those broadcasting stations not in- unnecessary for either administrative or cluded in the designation and such ad- operational purposes will be returned as un- ditional use shall be at the discretion acceptable for filing. of the licensee. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (h) In cases where a series of broadcasts are to be made from the same lo- [41 FR 29686, July 19, 1976, as amended at 42 FR 2071, Jan. 10, 1977; 47 FR 21496, May 18, cation, portable or mobile transmitters 1982; 49 FR 14509, Apr. 12, 1984; 51 FR 4602, may be left at such location for the du- Feb. 6, 1986; 58 FR 19775, Apr. 16, 1993; 60 FR ration of the series of broadcasts: Pro- 55482, Nov. 1, 1995] vided, The transmitting apparatus is properly secured so that it may not be § 74.433 Temporary authorizations. operated by unauthorized persons when unattended. Prior Commission author- (a) Special temporary authority may ity shall be obtained for the installa- be granted for remote pickup station tion of any transmitting antenna operation which cannot be conducted which requires notification to the in accordance with § 74.24. Such author- FAA, pursuant to § 17.7 of the Commis- ity will normally be granted only for sion’s rules and regulations, and which operations of a temporary nature. will be in existence for more than 2 Where operation is seen as likely on a days. continuing annual basis, an application (i) The location of each remote pick- for a regular authorization should be up broadcast base station will be speci- submitted. fied in the station or system license (b) A request for special temporary and such stations may not be operated authority for the operation of a remote at any other location without prior au- pickup broadcast station may be made thority of the Commission. by informal application, which shall be (j) The license shall be retained in filed with the Commission at least 10 the licensee’s files at the address days prior to the date of the proposed shown on the authorization, posted at operation: Provided, That, an applica- the transmitter, or posted at the con- tion filed within less than 10 days of trol point of the station. the proposed operation may be accept- (k) In the case of permanent dis- ed upon a satisfactory showing of the continuance of operation of a station reasons for the delay in submitting the or system licensed under this subpart, request. the licensee shall forward the station (c) An informal request for special or system license to the FCC at Fed- temporary authority requiring pay- eral Communications Commission, 1270 ment of a fee shall be addressed to the Fairfield Road, Gettysburg, Pennsyl- FCC at Federal Communications Com- vania 17325 for cancellation. For pur- mission, Broadcast Auxiliary Radio poses of this section, a station which is Services, P.O. Box 358700, Pittsburgh, not operated for a period of one year is PA 15251–5700. An informal request for considered to have been permanently special temporary authority not re- discontinued. quiring payment of a fee shall be ad- NOTE: Licensees of remote pickup broad- dressed to the FCC at Federal Commu- cast stations licensed prior to August 31, nications Commission, 1270 Fairfield 1976, should not file applications to consoli- Road, Gettysburg, Pennsylvania 17325. date individually licensed transmitters All requests must include full particu- under a single system license until the renewal application of the associated broad- lars including: Licensee’s name, call cast station is filed. Applications filed be- letters of associated broadcast station tween August 31, 1976, and the date of filing or stations, name and address of indi- of the renewal applications to obtain author- vidual designated to receive return au- ization to use additional transmitters or thorization, call letters of remote pick- modification of existing stations shall be re- up station, if assigned, type and manu- stricted to a single system application nec- facturer of equipment, power output, essary to accomplish the desired change, but emission, frequency or frequencies pro- may include consolidation of previously-licensed transmitters within the system li- posed to be used, commencement and cense. Applications submitted for system li- termination date, location of operation censing prior to the time when renewal ap- and purpose for which request is made plications would normally be filed which are including any particular justification.

409

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.434 47 CFR Ch. I (10–1–99 Edition)

(d) A request for special temporary the transmitter with the demodulated authority shall specify a frequency or incoming signals. frequencies consistent with the provi- (c) An automatic relay station trans- sions of § 74.402: Provided, That, in the mitter may relay the demodulated in- case of events of wide-spread interest coming signals from one or more re- and importance which cannot be trans- ceivers. mitted successfully on these frequencies, frequencies assigned to other [51 FR 4602, Feb. 6, 1986, as amended at 60 FR services may be requested upon a show- 55483, Nov. 1, 1995] ing that operation thereon will not § 74.451 Certification of equipment. cause interference to established stations: And provided further, In no case (a) Applications for new remote pick- will operation of a remote pickup up broadcast stations or systems or for broadcast station be authorized on fre- changing transmitting equipment of an quencies employed for the safety of life existing station will not be accepted and property. unless the transmitters to be used have (e) The user shall have full control been certificated by the FCC pursuant over the transmitting equipment dur- to the provisions of this subpart, or ing the period it is operated. have been certificated for licensing (f) Special temporary authority to under parts 21 or 90 of the FCC rules permit operation of remote pickup and do not exceed the output power broadcast stations or systems pending limits specified in § 74.461(b). Commission action on an application (b) Any manufacturer of a trans- for regular authority will not normally mitter to be used in this service may be granted. apply for certification for such trans- [41 FR 29686, July 19, 1976, as amended at 47 mitter following the certification pro- FR 9220, Mar. 4, 1982; 47 FR 55936, Dec. 14, cedure set forth in part 2 of the Com- 1982; 50 FR 23709, June 5, 1985; 58 FR 19775, mission’s rules and regulations. Atten- Apr. 16, 1993] tion is also directed to part 1 of the Commission’s rules and regulations § 74.434 Remote control operation. which specifies the fees required when (a) A remote control system must filing an application for certification. provide adequate monitoring and con- (c) An applicant for a remote pickup trol functions to permit proper oper- broadcast station or system may also ation of the station. apply for certification for an individual (b) A remote control system must be transmitter by following the certifi- designed, installed, and protected so cation procedure set forth in part 2 of that the transmitter can only be acti- the Commission’s rules and regula- vated or controlled by persons author- tions. ized by the licensee. (d) All transmitters marketed for use (c) A remote control system must under this subpart shall be certificated prevent inadvertent transmitter oper- by the Federal Communications Com- ation caused by malfunctions in the mission. (Refer to subpart J of part 2 of circuits between the control point and the Commission’s Rules and Regula- transmitter. tions.) [51 FR 4602, Feb. 6, 1986, as amended at 60 FR (e) Remote pickup broadcast station 55482, Nov. 1, 1995] equipment authorized to be used pursuant to an application accepted for fil- § 74.436 Special requirements for auto- ing prior to December 1, 1977, may con- matic relay stations. tinue to be used by the licensee or its (a) An automatic relay station must successors or assignees: Provided, how- be designed, installed, and protected so ever, If operation of such equipment that the transmitter can only be acti- causes harmful interference due to its vated or controlled by persons author- failure to comply with the technical ized by the licensee. standards set forth in this subpart, the (b) An automatic relay station may Commission may, at its discretion, re- accomplish retransmission of the inquire the licensee to take such correc- coming signals by either heterodyne tive action as is necessary to eliminate frequency conversion or by modulating the interference.

410

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.462

(f) Each instrument of authority § 74.461 Transmitter power. which permits operation of a remote pickup broadcast station or system (a) Transmitter power is the power at using equipment which has not been the transmitter output terminals and certificated will specify the particular delivered to the antenna, antenna transmitting equipment which the li- transmission line, or any other imped- censee is authorized to use. ance-matched, radio frequency load. For the purpose of this Subpart, the (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) transmitter power is the carrier power. [41 FR 29686, July 19, 1976, as amended at 42 (b) The authorized transmitter power FR 14728, Mar. 16, 1977; 42 FR 43636, Aug. 30, for a remote pickup broadcast station 1977; 43 FR 14661, Apr. 7, 1978; 45 FR 28142, Apr. 28, 1980; 63 FR 36604, July 7, 1998] shall be limited to that necessary for satisfactory service and, in any event, § 74.452 Equipment changes. shall not be greater than 100 watts, ex- (a) Prior Commission approval is re- cept that a station to be operated quired for any change in the overall aboard an aircraft shall normally be height of an antenna structure, except limited to a maximum authorized where notice to the Federal Aviation power of 15 watts. Specific authoriza- Administration is specifically not re- tion to operate stations on board air- quired under § 17.14(b) of the Commis- craft with an output power exceeding sion’s rules and regulations. 15 watts will be issued only upon an (b) The licensee of a remote pickup adequate engineering showing of need, broadcast station may, except as set and of the procedures that will be forth in paragraph (d) of this section, taken to avoid harmful interference to make any other changes in the equip- other licensees. ment that are deemed desirable or necessary, including replacement with cer- (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) tificated equipment, without prior Commission approval: Provided, The [41 FR 29686, July 19, 1976, as amended at 43 proposed changes will not depart from FR 14662, Apr. 7, 1978] any of the terms of the station or system authorization or the Commission’s § 74.462 Authorized bandwidth and technical rules governing this service: emissions. And provided further, That any changes (a) Each authorization for a new re- made to certificated transmitting mote pickup broadcast station or sys- equipment shall be in compliance with tem issued pursuant to an application the provisions of Part 2 of the Commis- accepted after (one year following the sion’s rules and regulations concerning effective date of these rules) shall re- modification to certificated equipment. quire the use of certificated equipment (c) The FCC at Federal Communica- and such equipment shall be operated tions Commission, Broadcast Auxiliary in accordance with emission specifica- Radio Services, 1270 Fairfield Road, tions included in the certificated grant Gettysburg, Pennsylvania 17325 shall and as prescribed in paragraphs (b), (c), be promptly notified of any equipment and (d) of this section. changes made pursuant to paragraph (b) of this section. (b) The maximum authorized band- (d) All transmitters initially in- width of emissions corresponding to stalled after November 30, 1977, must be the types of emissions specified below, certificated for use in this service or and the maximum authorized fre- other services as specified in § 74.451(a). quency deviation in the case of frequency or phase modulated emission, (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) shall be as follows: [41 FR 29686, July 19, 1976, as amended at 42 FR 14728, Mar. 16, 1977; 42 FR 43636, Aug. 30, 1977; 43 FR 14662, Apr. 7, 1978; 47 FR 54448, Dec. 3, 1982; 58 FR 19775, Apr. 16, 1993; 63 FR 36604, July 7, 1998]

411

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.462 47 CFR Ch. I (10–1–99 Edition)

Authorized Maximum band- frequency Frequencies (megahertz) Type of emission 34 width 1 deviation 2 (kilohertz) (kilohertz)

25.87 to 26.03 ...... 40 10 A3, F3, F3Y, F9 26.07 to 26.47 ...... 20 5 A3, F3, F3Y, F9 152.87 to 153.35 5 ...... 30/60 5/10 A3, F3, F3Y, F9 160.89 to 161.37 ...... 60 10 A1, A2, A3, F1, F2, F3, F3Y, F9 161.64 to 161.76 ...... 30 5 A1, A2, A3, F1, F2, F3, F3Y, F9 166.25 to 170.15 ...... 25 5 A1, A2, A3, F1, F2, F3, F3Y, F9 450 to 455.99 (10 kHz channels) ...... 10 1.5 A1, A2, A3, F1, F2, F3, F9 450.0875 to 455.6125 (25 kHz channels) ...... 25 5 A1, A2, A3, F1, F2, F3, F3Y, F9 450.05 to 455.85 (50 kHz channels) ...... 50 10 A1, A2, A3, F1, F2, F3Y, F9 450.925 and 455.925 (100 kHz channels) ...... 100 35 A1, A2, A3, F1, F2, F3, F3Y, F9 1 Notwithstanding the authorized bandwidths shown in the table, not more than 20 kHz bandwidth will be authorized in the case of F3Y emission. 2 Applies where class F1, F2, F3, or F9 emission is used. 3 Stations operating above 450 MHz shall show a need for employing A1, A2, F1, or F2 emission. 4 The emission designators shown in the table no longer conform to those contained in subpart C of part 2 of the Commis- sion's Rules and Regulations. They will be so-conformed after necessary modifications to broadcast auxiliary application processing programs are completed. For transmitting equipment which is certificated, emission designators will appear in the Com- mission's database. Equipment approved for emissions contained in subpart C of part 2 may be used by part 74 stations if their emissions are equivalent to the previous emission designators shown in the table. 5 New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board aircraft, or to use a bandwidth in excess of 3 kHz and maximum deviation exceeding 5 kHz.

(c) The mean power of emissions (1) On any frequency removed from shall be attenuated below the mean the center of the authorized bandwidth output power of the transmitter in ac- by a displacement frequency (Fd in cordance with the following schedule: kHz) of more than 5 kHz, up to and in- (1) On any frequency removed from cluding 10 kHz: At least 83 Log10 (Fd/5) the assignment frequency by more decibels; than 50 percent up to and including 100 (2) On any frequency removed from percent of the authorized bandwidth: at the center of the authorized bandwidth least 25 dB: by a displacement frequency (Fd in (2) On any frequency removed from kHz) of more than 10 kHz, up to and in- the assigned frequency by more than cluding 250 percent of the authorized 100 percent up to and including 250 per- bandwidth: At least 29 Log10 ((Fd)exp2/ cent of the authorized bandwidth: at 11) decibels or 50 decibels, whichever is least 35 dB; the lesser attenuation. (3) On any frequency removed from (3) On any frequency removed from the assigned frequency by more than the center of the authorized bandwidth 250 percent on the authorized band- by more than 250 percent of the author- width; at least 43 plus 10 log10 (mean output power, in watts) dB. ized bandwidth: At least 43 plus 10 (d) In the event a station’s emissions Log10 (output power in watts) decibels outside its authorized channel cause or 80 decibels, whichever is the lesser harmful interference, the Commission attenuation. may, at its discretion, require the li- (g) For those transmitters using the censee to take such further steps as F3Y emission and operating in the fre- may be necessary to eliminate the in- quency range between 450.01 MHz and terference. 455.925 MHz, the power of any emission (e) The maximum authorized band- shall be attenuated below the width for stations operating on 1606, unmodulated carrier power (P) in ac- 1622, or 1646 kHz shall be 10 kHz and op- cordance with the following schedule: erations on these frequencies shall be (1) On any frequency removed from limited to A3 emission only. the center of the authorized bandwidth (f) For those transmitters using the by a displacement frequency (Fd in F3Y emission and operating in the fre- kHz) of more than 5 kHz, up to and in- quency range between 25.87 MHz and cluding 10 kHz: At least 83 Log10 (Fd/5) 170.15 MHz, the power of any emission decibels; shall be attenuated below the (2) On any frequency removed from unmodulated carrier power (P) in ac- the center of the authorized bandwidth cordance with the following schedule: by a displacement frequency (Fd in 412

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00412 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.482

kHz) of more than 10 kHz, up to and in- Tolerance (percent) cluding 250 percent of the authorized Frequency range Base sta- Mobile sta- bandwidth: At least 116 Log10 (Fd/6.1) tion tion decibels or 70 decibels, whichever is the lesser attenuation. 300 to 500 MHz, all powers ...... 00025 .0005 (3) On any frequency removed from 1 The listing of tolerances for power over 200 W is in accordance with treaty values and shall not be construed as a the center of the authorized bandwidth finding that such power will be authorized. by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log10 (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (output power in watts) decibels or 80 1068, 1082 (47 U.S.C. 154, 155, 303)) decibels, whichever is the lesser attenuation. [41 FR 29686, July 19, 1976, as amended at 42 FR 2071, Jan. 10, 1977; 43 FR 38391, Aug. 28, NOTE: The measurements of emission 1978; 44 FR 65765, Nov. 15, 1979] power can be expressed in peak or mean values provided they are expressed in the same § 74.465 Frequency monitors and parameters as the unmodulated transmitter measurements. carrier power. The licensee of a remote pickup sta- (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) tion or system shall provide the necessary means to assure that all oper- [41 FR 29686, July 19, 1976, as amended at 41 ating frequencies are maintained with- FR 32429, Aug. 3, 1976; 41 FR 35068, Aug. 19, 1976; 43 FR 14662, Apr. 7, 1978; 43 FR 38391, in the allowed tolerances. Aug. 28, 1978; 44 FR 65765, Nov. 15, 1979; 56 FR [51 FR 4603, Feb. 6, 1986] 28498, June 21, 1991; 63 FR 36604, July 7, 1998] § 74.482 Station identification. § 74.463 Modulation requirements. (a) Each remote pickup broadcast (a) Each new remote pickup broad- station shall be identified by the trans- cast station authorized to operate with mission of the assigned station or sys- a power output in excess of 3 watts tem call sign, or by the call sign of the shall be equipped with a device which associated broadcast station. For sys- will automatically prevent modulation tems, the licensee (including a part 73- in excess of the limits set forth in this only licensee where operation takes subpart. place pursuant to § 74.24) shall assign a (b) If amplitude modulation is em- unit designator to each station in the ployed, modulation shall not exceed 100 system. The call sign (and unit desig- percent on negative peaks. nator, where appropriate) shall be (c) If frequency modulation is em- transmitted at the beginning and end ployed, emission shall conform to the of each period of operation. A period of requirements specified in § 74.462. operation may consist of a single con- [41 FR 29686, July 19, 1976, as amended at 47 tinuous transmission, or a series of FR 54448, Dec. 3, 1982] intermittent transmissions pertaining to a single event. § 74.464 Frequency tolerance. (b) In cases where a period of oper- The licensee of a remote pickup ation is of more than one hour dura- broadcast station or system shall tion identification of remote pickup maintain the operating frequency of broadcast stations participating in the each such station in accordance with operation shall be made at approxi- the following: mately one-hour intervals. Identifica- tion transmissions during operation Tolerance (percent) need not be made when to make such Frequency range Base sta- Mobile sta- transmissions would interrupt a single tion tion consecutive speech, play, religious 1.6 to 2 MHz: service, symphony, concert, or any 200 W or less ...... 0.01 0.02 type of production. In such cases, the Over 200 W 1 ...... 005 .02 25 to 30 MHz: identification transmissions shall be 3 W or less ...... 002 .005 made at the first interruption in the Over 3 W ...... 002 .002 program continuity and at the conclu- 30 to 300 MHz: 3 W or less ...... 0005 .005 sion thereof. Hourly identification may Over 3 W ...... 0005 .0005 be accomplished either by transmission

413

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00413 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.501 47 CFR Ch. I (10–1–99 Edition)

of the station or system call sign and tions and their co-owned FM booster unit designator assigned to the indi- stations, between noncommercial edu- vidual station or identification of an cational FM radio stations and their associated broadcasting station or net- co-owned noncommercial educational work with which the remote pickup FM translator stations assigned to rebroadcast station is being used. served channels (Channels 201 to 220), (c) In cases where an automatic relay between FM radio stations and FM station is a part of the circuit, the call translator stations operating within sign of the relay transmitter may be the coverage contour of their primary transmitted automatically by the relay stations, or for such other purposes as transmitter or by the remote pickup authorized in § 74.531. broadcast base or mobile station that (c) Aural broadcast microwave booster actuates the automatic relay station. station. A fixed station in the broadcast (d) Automatically activated equip- auxiliary service that receives and am- ment may be used to transmit station plifies signals of an aural broadcast identification in International Morse STL or intercity relay station and re- Code, provided that the modulation transmits them on the same frequency. tone is 1200 Hz±800 Hz, the level of modulation of the identification signal is [28 FR 13716, Dec. 14, 1963, as amended at 49 maintained at 40%±10%, and that the FR 7129, Feb. 27, 1984; 53 FR 4169, Feb. 12, code transmission rate is maintained 1988; 55 FR 50692, Dec. 10, 1990; 57 FR 41111, between 20 and 25 words per minute. Sept. 9, 1992] (e) For stations using the F3Y emis- § 74.502 Frequency assignment. sion, identification shall be transmitted in the unscrambled analog (F3) (a) Except as provided in US 302, mode or in International Morse Code broadcast auxiliary stations licensed as pursuant to the provisions of (d) of this of November 21, 1984, to operate in the section at intervals not to exceed 15 band 942–944 MHz 1 may continue to op- minutes. For purposes of rule enforce- erate on a co–equal primary basis to ment, all licensees using F3Y emissions other stations and services operating shall provide, upon request by the in the band in accordance with the Commission, a full and complete de- Table of Frequency Allocations. These scription of the encoding methodology stations will be protected from possible they currently use. interference caused by new users of the band by the technical standards speci- NOTE: Stations are encouraged to identify using their associated part 73 station call fied in § 94.63(d)(3). sign. (b) The frequency band 944–952 MHz is available for assignment to aural STL [41 FR 29686, July 19, 1976, as amended at 47 and ICR stations. AM and FM broad- FR 9220, Mar. 4, 1982; 52 FR 47569, Dec. 15, cast stations shall have primary use of 1987; 56 FR 28499, June 21, 1991] the band; however, TV broadcast stations may be licensed on a secondary, Subpart E—Aural Broadcast noninterference basis. One or more of Auxiliary Stations the following 25 kHz segments may be stacked to form a channel which may § 74.501 Classes of aural broadcast be assigned with a maximum author- auxiliary stations. ized bandwidth of 300 kHz except as (a) Aural broadcast STL station. A noted below. The channel, will be as- fixed station for the transmission of signed by its center frequency, channel aural program material between the bandwidth, and emission designator. studio and the transmitter of a broad- The following frequencies are the cen- casting station other than an inter- ters of each segment: national broadcasting station. (b) Aural broadcast intercity relay 1 (ICR) station. A fixed station for the NOTE: In addition to this band, stations in Puerto Rico may continue to be authorized transmission of aural program mate- on 942.5, 943.0, 943.5, 944.0 MHz in the band rial between radio broadcast stations, 942–944 MHz on a primary basis to stations other than international broadcast sta- and services operating in accordance with tions, between FM radio broadcast sta- the Table of Frequency Allocations.

414

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00414 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.502

944.0125, 944.0375, 944.0625, 944.0875, 944.1125, segments (500 kHz total bandwidth) for 944.1375, 944.1625, 944.1875, 944.2125, 944.2375, transmission of program material be- 944.2625, 944.2875, 944.3125, 944.3375, 944.3625, tween a single origin and one or more 944.3875, 944.4125, 944.4375, 944.4625, 944.4875, 944.5125, 944.5375, 944.5625, 944.5875, 944.6125, designations. The station may lease ex- 944.6375, 944.6625, 944.6875, 944.7125, 944.7375, cess capacity for broadcast and other 944.7625, 944.7875, 944.8125, 944.8375, 944.8625, uses on a secondary basis, subject to 944.8875, 944.9125, 944.9375, 944.9625, 944.9875, availability of spectrum for broadcast 945.0125, 945.0375, 945.0625, 945.0875, 945.1125, use. However, an FM station licensed 945.1375, 945.1625, 945.1875, 945.2125, 945.2375, for twelve or fewer segments (300 kHz 945.2625, 945.2875, 945.3125, 945.3375, 945.3625, total bandwidth) or an AM station li- 945.3875, 945.4125, 945.4375, 945.4625, 945.4875, censed for eight or fewer segments (200 945.5125, 945.5375, 945.5625, 945.5875, 945.6125, 945.6375, 945.6625, 945.6875, 945.7125, 945.7375, kHz total bandwidth) may lease excess 945.7625, 945.7875, 945.8125, 945.8375, 945.8625, capacity for broadcast and other uses 945.8875, 945.9125, 945.9375, 945.9625, 945.9875, on a primary basis. 946.0125, 946.0375, 946.0625, 946.0875, 946.1125, (2) An applicant (new or modification 946.1375, 946.1625, 946.1875, 946.2125, 946.2375, of existing license) may assume the 946.2625, 946.2875, 946.3125, 946.3375, 946.3625, cost of replacement of one or more ex- 946.3875, 946.4125, 946.4375, 946.4625, 946.4875, 946.5125, 946.5375, 946.5625, 946.5875, 946.6125, isting licensees equipment with 946.6375, 946.6625, 946.6875, 946.7125, 946.7375, narrowband equipment of comparable 946.7625, 946.7875, 946.8125, 946.8375, 946.8625, capabilities and quality in order to 946.8875, 946.9125, 946.9375, 946.9625, 946.9875, make available spectrum for its facili- 947.0125, 947.0375, 947.0625, 947.0875, 947.1125, ties. Existing licensees must accept 947.1375, 947.1625, 947.1875, 947.2125, 947.2375, such replacement without cost to them 947.2625, 947.2875, 947.3125, 947.3375, 947.3625, except upon a showing that the re- 947.3875, 947.4125, 947.4375, 947.4625, 947.4875, placement equipment does not meet 947.5125, 947.5375, 947.5625, 947.5875, 947.6125, 947.6375, 947.6625, 947.6875, 947.7125, 947.7375, the capability or quality requirements. 947.7625, 947.7875, 947.8125, 947.8375, 947.8625, (c) The frequency bands 18,760–18,820 947.8875, 947.9125, 947.9375, 947.9625, 947.9875, and 19,100–19,160 MHz are available for 948.0125, 948.0375, 948.0625, 948.0875, 948.1125, assignment to aural broadcast STL and 948.1375, 948.1625, 948.1875, 948.2125, 948.2375, intercity relay stations and are shared 948.2625, 948.2875, 948.3125, 948.3375, 948.3625, on a co-primary basis with other fixed 948.3875, 948.4125, 948.4375, 948.4625, 948.4875, services under Parts 21, 78 and 94 of the 948.5125, 948.5375, 948.5625, 948.5875, 948.6125, 948.6375, 948.6625, 948.6875, 948.7125, 948.7375, Commission’s rules. 948.7625, 948.7875, 948.8125, 948.8375, 948.8625, (1) 5 MHz maximum authorized band- 948.8875, 948.9125, 948.9375, 948.9625, 948.9875, width channels: 949.0125, 949.0375, 949.0625, 949.0875, 949.1125, 949.1375, 949.1625, 949.1875, 949.2125, 949.2375, Receive Transmit (receive) (MHz) (transmit) 949.2625, 949.2875, 949.3125, 949.3375, 949.3625, (MHz) 949.3875,949.4125, 949.4375, 949.4625, 949.4875, 949.5125, 949.5375, 949.5625, 949.5875, 949.6125, 340 MHz Separation 949.6375, 949.6625, 949.6875, 949.7125, 949.7375, 949.7625, 949.7875, 949.8125, 949.8375, 949.8625, 18762.5 ...... 19102.5 949.8875, 949.9125, 949.9375, 949.9625, 949.9875, 18767.5 ...... 19107.5 950.0125, 950.0375, 950.0625, 950.0875, 950.1125, 18772.5 ...... 19112.5 950.1375, 950.1625, 950.1875, 950.2125, 950.2375, 18777.5 ...... 19117.5 950.2625, 950.2875, 950.3125, 950.3375, 950.3625, 18782.5 ...... 19122.5 950.3875, 950.4125, 950.4375, 950.4625, 950.4875, 18787.5 ...... 19127.5 950.5125, 950.5375, 950.5625, 950.5875, 950.6125, 18792.5 ...... 19132.5 950.6375, 950.6625, 950.6875, 950.7125, 950.7375, 18797.5 ...... 19137.5 950.7625, 950.7875, 950.8125, 950.8375, 950.8625, 18802.5 ...... 19142.5 950.8875, 950.9125, 950.9375, 950.9625, 950.9875, 18807.5 ...... 19147.5 18812.5 ...... 19152.5 951.0125, 951.0375, 951.0625, 951.0875, 951.1125, 18817.5 ...... 19157.5 951.1375, 951.1625, 951.1875, 951.2125, 951.2375, 951.2625, 951.2875, 951.3125, 951.3375, 951.3625, 951.3875, 951.4125, 951.4375, 951.4625, 951.4875, Applicants may use either a two-way 951.5125, 951.5375, 951.5625, 951.5875, 951.6125, link or one frequency of a frequency 951.6375, 951.6625, 951.6875, 951.7125, 951.7375, pair for a one-way link and shall co- 951.7625, 951.7875, 951.8125, 951.8375, 951.8625, ordinate proposed operations pursuant 951.8875, 951.9125, 951.9375, 951.9625, 951.9875. to the procedures required in § 21.100(d). (1) A single broadcast station may be (2) [Reserved] authorized up to a maximum of twenty (d) [Reserved]

415

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.503 47 CFR Ch. I (10–1–99 Edition)

(e) The use of the frequencies listed 201 to 220) and between FM radio sta- in paragraph (b) of this section by tions and FM translator stations oper- aural broadcast intercity relay sta- ating within the coverage contour of tions is subject to the condition that their primary stations. This use shall no harmful interference is caused to not interfere with or otherwise pre- other classes of stations operating in clude use of these broadcast auxiliary accordance with the Table of Fre- facilities by broadcast auxiliary sta- quency Allocations contained in § 2.106 tions transmitting aural programming of this chapter. between broadcast stations as provided [28 FR 13716, Dec. 14, 1963, as amended at 48 in paragraph (b) of this section. FR 50332, Nov. 1, 1983; 49 FR 37777, Sept. 26, (d) An aural broadcast STL or inter- 1984; 50 FR 4658, Feb. 1, 1985; 50 FR 7341, Feb. city relay may be used to transmit ma- 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR 48600, terial between an FM broadcast radio Nov. 26, 1985; 54 FR 10329, Mar. 13, 1989; 54 FR station and an FM booster station 24905, June 12, 1989; 54 FR 30043, July 18, 1989] owned, operated, and controlled by the licensee of the originating FM radio § 74.503 Frequency selection. station. This use shall not interfere (a) Each application for a new station with or otherwise preclude use of these or change in an existing station shall broadcast auxiliary facilities by broad- be specific with regard to frequency. In cast auxiliary stations transmitting general, the lowest suitable frequency aural programming between the studio will be assigned which, on an engineer- and transmitter location of a broadcast ing basis, will not cause harmful inter- station or between broadcast stations ference to other stations operating in as provided in paragraphs (a) and (b) of accordance with existing frequency al- this section. locations. (e) An aural broadcast microwave (b) Where it appears that interference booster station is authorized to re- may result from the operation of a new transmit the signals of an aural broad- station or a change in the facilities of cast STL or intercity relay station. an existing station, the Commission (f) Multiplexing of the STL or inter- may require a showing that harmful in- city relay transmitter may be em- terference will not be caused to exist- ployed to provide additional commu- ing stations or that if interference will nication channels for the transmission be caused the need for the proposed of aural program material, news-wire service outweighs the loss of service teleprinter signals relaying news to be due to the interference. associated with main channel program- [28 FR 13716, Dec. 14, 1963] ming, operational communications, and material authorized to be trans- § 74.531 Permissible service. mitted over an FM station under a (a) An aural broadcast STL station is valid Subsidiary Communications Au- authorized to transmit aural program thorization (SCA). An aural broadcast material between the studio and trans- STL or intercity relay station may not mitter location of a broadcasting sta- be operated solely for the transmission tion, except an international broad- of operational, teleprinter or sub- casting station, for simultaneous or de- sidiary communications. Operational layed broadcast. communications include cues, orders, (b) An aural broadcast intercity relay and other communications directly re- station is authorized to transmit aural lated to the operation of the broadcast program material between broad- station as well as special signals used casting stations, except international for telemetry or the control of appa- broadcasting stations, for simulta- ratus used in conjunction with the neous or delayed broadcast. broadcasting operations. (c) An aural broadcast intercity relay (g) All program material, including station is authorized to transmit aural subsidiary communications, trans- program material between noncommer- mitted over an aural broadcast STL or cial educational FM radio stations and intercity relay station shall be in- their co-owned noncommercial edu- tended for use by broadcast stations cational FM translator stations as- owned or under common control of the signed to reserved channels (Channels licensee or licensees of the STL or

416

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.533

intercity relay station. Other broad- vide one or more intermediate relay cast stations may simultaneously uti- stations over a path which cannot be lize such program material with per- covered with a single station due to mission of the STL or intercity relay terrain or distance. station licensee. (c) If more than one broadcast sta- (h) In any case where multiplexing, is tion or class of broadcast station is to employed on an aural broadcast STL be served by a single aural broadcast station for the simultaneous trans- auxiliary station, this information mission of more than one aural chan- must be stated in the application for nel, the STL transmitter must be capa- construction permit or license. ble of transmitting the multiple chan- (d) Licensees of aural broadcast STL nels within the channel on which the and intercity relay stations may be au- STL station is authorized to operate thorized to operate one or more aural and with adequate technical quality so broadcast microwave booster stations that each broadcast station utilizing for the purpose of relaying signals over the circuit can meet the technical per- a path that cannot be covered with a formance standards stipulated in the single station. rules governing that class of broadcasting station. If multiplex operation NOTE: Applications for aural broadcast is employed during the regular oper- microwave booster stations will not be ac- ation of the STL station, the addi- cepted for filing prior to January 1, 1985. tional circuits shall be in operation at (e) Each aural broadcast auxiliary the time that the required periodic per- station will be licensed at a specified formance measurements are made of transmitter location to communicate the overall broadcasting system from with a specified receiving location, and the studio microphone input circuit to the direction of the main radiation the broadcast transmitter output cir- lobe of the transmitting antenna will cuit. be a term of the station authorization. [28 FR 13716, Dec. 14, 1963, as amended at 45 (f) In case of permanent discontinu- FR 51564, Aug. 4, 1980; 52 FR 31403, Aug. 20, ance of operation of a station licensed 1987; 55 FR 50693, Dec. 10, 1990; 57 FR 41111, under this subpart, the licensee shall Sept. 9, 1992] forward the station license to the Fed- § 74.532 Licensing requirements. eral Communications Commission, Broadcast Auxiliary Radio Services, (a) An aural broadcast STL or an 1270 Fairfield Road, Gettysburg, Penn- aural broadcast intercity relay station sylvania 17325 for cancellation. will be licensed only to the licensee or licensees of broadcast stations, other [28 FR 13716, Dec. 14, 1963, as amended at 49 than international broadcast stations, FR 7129, Feb. 27, 1984; 49 FR 10930, Mar. 23, and for use with broadcast stations 1984; 52 FR 31403, Aug. 20, 1987; 55 FR 50693, owned entirely by or under common Dec. 10, 1990; 57 FR 41111, Sept. 9, 1992; 58 FR control of the licensee or licensees. An 19775, Apr. 16, 1993] aural broadcast intercity relay station § 74.533 Remote control and unat- also will be licensed for use by non- tended operation. commercial educational FM translator stations assigned to reserved channels (a) Aural broadcast STL and inter- (Channels 201–220) and owned and oper- city relay stations may be operated by ated by their primary station, by FM remote control provided that such op- translator stations operating within eration is conducted in accordance the coverage contour of their primary with the conditions listed below: stations, and by FM booster stations. (1) The remote control system must (b) More than one aural broadcast provide adequate monitoring and con- STL or intercity relay station may be trol functions to permit proper oper- licensed to a single licensee upon a sat- ation of the station. isfactory showing that the additional (2) The remote control system must stations are needed to provide different be designed, installed, and protected so program circuits to more than one that the transmitter can only be acti- broadcast station, to provide program vated or controlled by persons author- circuits from other studios, or to pro- ized by the licensee.

417

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.534 47 CFR Ch. I (10–1–99 Edition)

(3) The remote control system must subject to individual determination but prevent inadvertent transmitter oper- shall be in general agreement with val- ation due to malfunctions in circuits ues normally employed for similar between the control point and trans- equipment operated within the fre- mitter. quency range authorized. (b) Aural broadcast auxiliary sta- (b) For stations operating in bands tions may be operated unattended sub- above 17.7 GHz, the transmitter output ject to the following provisions: power shall be limited to that nec- (1) The transmitter shall be provided essary to accomplish the function of with adequate safeguards to prevent the system. Further, the output power improper operation of the equipment. of a transmitter on any authorized fre- (2) The transmitter installation shall quency shall not exceed the following: be adequately protected against tam- (1) pering by unauthorized persons. (3) Whenever an unattended aural Maximum transmitter broadcast auxiliary station is used, ap- Frequency band (GHz) output propriate observations must be made power (watts)1 at the receiving end of the circuit as often as necessary to ensure proper sta- 17.7 to 19.7 ...... 10.0 tion operation. However, an aural 31.0 to 31.3 ...... 0.05 broadcast STL (and any aural broad- 1 Peak envelope power. cast microwave booster station) associated with a radio or TV broadcast sta- (2) tion operated by remote control may Maximum be observed by monitoring the broad- allowable Frequency band (GHz) EIRP cast station’s transmitted signal at the (dBW) remote control or ATS monitoring point. 17.7 to 18.6 ...... +55.0 (c) The FCC may notify the licensee 18.6 to 18.8 ...... +35.0 18.8 to 19.7 ...... +35.0 to cease or modify operation in the 31.0 to 31.3 ...... No limit case of frequency usage disputes, interference or similar situations where such action appears to be in the public [50 FR 4658, Feb. 10, 1985, as amended at 50 FR 7341, Feb. 22, 1985] interest, convenience and necessity. § 74.535 Emission and bandwidth. (Sec. 318, 48 Stat. 1089, as amended by sec. 1, 74 Stat. 363; 47 U.S.C. 318) (a) For frequency modulation, the mean power of emissions shall be at- [28 FR 13716, Dec. 14, 1963, as amended at 47 FR 55936, Dec. 14, 1982; 49 FR 7130, Feb. 27, tenuated below the mean transmitter 1984; 50 FR 32417, Aug. 12, 1985; 50 FR 48599, power (P) in accordance with the fol- Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995] lowing schedule: (1) On any frequency removed from § 74.534 Power limitations. the assigned frequency by more than (a) for operation in the 944–952 MHz 50% and up to 100% of the authorized band: bandwidth: at least 25 dB. Aural broadcast STL and intercity (2) On any frequency removed from relay stations will be licensed with a the assigned frequency by more than power output not in excess of that nec- 100% and up to 150% of the authorized essary to render satisfactory service. bandwidth: at least 35 dB. The license for these stations will (3) On any frequency removed from specify the maximum authorized the assigned frequency by more than power. The operating power shall not 150% of the authorized bandwidth: at be greater than necessary to carry on least 43 + 10 Log(P) dB. the service and in no event more than (b) For all emissions except fre- 5 percent above the maximum power quency modulation, the peak power of specified. Engineering standards have emissions shall be attenuated below not been established for these stations. the peak envelope transmitter power The efficiency factor for the last radio (P) in accordance with the following stage of transmitters employed will be schedule:

418

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.535

(1) On any frequency 500 Hz inside the Hz outside the same edge, the following channel edge up to and including 2500 formula will apply:

 25  W 2  Attenuation = 29 Log D +−25.  dB  11  2  

or 50 dB whichever is the lesser attenu- fied by the following equation but in no ation. Where: D is the displacement event less than 11 decibels. frequency (kHz) from the center of the authorized bandwidth; and W is the A = 11 + 0.4 (P–50) + 10 log10 B channel bandwidth (kHz). Where: (2) On any frequency removed from A = Attenuation (in decibels) below the mean the channel edge by more than 2500 Hz: output power level. At least 43+10 Log (P) dB. P = Percent removed from the carrier fre- (c) In the event a station’s emissions quency. outside its authorized channel cause B = Authorized bandwidth in MHz. harmful interference, the Commission [Attenuation greater than 56 decibels may require the licensee to take such is not required.] further steps as may be necessary to (ii) In any 4 kHz band, the center fre- eliminate the interference. quency of which is removed from the (d) For operation in the 18 GHz band: assigned frequency by more than 250 Aural broadcast STL, intercity relay percent of the authorized bandwidth: stations and booster stations may be At least 43 + 10 log10 (mean output authorized to employ either digital or power in watts) decibels, or 80 decibels, frequency modulation. whichever is the lesser attenuation. (e) For operation in the 18 GHz band: (f) For operation in the 18 GHz band: The mean power of emission shall be When an emission outside of the au- attenuated below the mean output power of the transmitter in accordance thorized bandwidth causes harmful in- with the following schedule: terference, the Commission may, at its (1) When using frequency modulation: discretion require greater attenuation (i) On any frequency removed from than specified above. the assigned frequency by more than 50 (g) The following limitations apply percent up to and including 100 percent to the operation of aural broadcast of the authorized bandwidth: At least microwave booster stations: 25 decibels; (1) The booster station must receive (ii) On any frequency removed from and amplify the signals of the origi- the assigned frequency by more than nating station and retransmit them on 100 percent up to and including 250 per- the same frequency without signifi- cent of the authorized bandwidth: At cantly altering them in any way. The least 35 decibels; characteristics of the booster trans- (iii) On any frequency removed from mitter output signal shall meet the re- the assigned frequency by more than quirements applicable to the signal of 250 percent of the authorized band- the originating station. width: At least 43+10 log 10 (mean out- (2) The licensee is responsible for cor- put power in watts) decibels, or 80 deci- recting any condition of interference bels, whichever is the lesser attenu- that results from the radiation of radio ation. frequency energy outside the assigned (2) When using digital modulation: channel. Upon notice by the FCC to the (i) In any 1 MHz band, the center fre- station licensee that interference is quency of which is removed from the being caused, operation of the appa- assigned frequency by more than 50 ratus must be immediately suspended percent up to and including 250 percent and may not be resumed until the in- of the authorized bandwidth: As speci- terference has been eliminated or it

419

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.536 47 CFR Ch. I (10–1–99 Edition)

can be demonstrated that the inter- that meets the performance standards ference is not due to spurious emis- for Category A, except that in areas sions. However, short term test trans- not subject to frequency congestion, missions may be made during the pe- antennas meeting standards for Cat- riod of suspended operation to deter- egory B may be employed. However, mine the efficacy of remedial meas- the Commission may require the re- ures. placement, at the licensee’s expense, of (3) In each instance where suspension any antenna or periscope antenna sys- of operation is required, the licensee tem of a permanent fixed station that must submit a full report to the FCC does not meet performance Standard A, after operation is resumed. The report which is specified in the table in para- must contain details of the nature of graph (c) of this section, upon a show- the interference, the source of inter- ing that said antenna causes or is like- fering signals, and the remedial steps ly to cause interference to (or receive taken to eliminate the interference. interference from) any other author- [28 FR 13716, Dec. 14, 1963, as amended at 48 ized or proposed station; provided that FR 50332, Nov. 1, 1983; 49 FR 7130, Feb. 27, an antenna meeting performance 1984; 49 FR 37777, Sept. 26, 1984; 50 FR 48599, Standard A is unlikely to involve such Nov. 26, 1985] interference. § 74.536 Directional antenna required. (c) Licensees shall comply with the (a) Aural broadcast STL and ICR sta- antenna standards table shown in this tions are required to use a directional paragraph in the following manner: antenna with the minimum beamwidth (1) With either the maximum beam- necessary, consistent with good engi- width to 3 dB points requirement or neering practice, to establish the link. with the minimum antenna gain re- (b) An aural broadcast STL or inter- quirement; and city relay station operating in the 17.7– (2) With the minimum radiation sup- 19.7 GHz band shall employ an antenna pression to angle requirement.

ANTENNA STANDARDS

Maximum Minimum radiation suppression to angle in de- beam- grees from centerline of main beam in decibels width to 3 dB Minimum Frequency (GHz) Category 1 antenna ° ° ° ° ° ° points gain (dbi) 5° to 10 15 20 30 100 140 (included ° to to to to to to angle in 10 15° 20° 30° 100° 140° 180° degrees)

17.7 to 19.7 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 31.0 to 31.3 2 ...... n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards. 3 The minimum front-to-back ratio shall be 38 dBi. [48 FR 50333, Nov. 1, 1983, as amended at 49 FR 7130, Feb. 27, 1984; 50 FR 48599, Nov. 26, 1985; 51 FR 19840, June 3, 1986; 62 FR 4922, Feb. 3, 1997]

§ 74.537 Temporary authorizations. (b) A request for special temporary authorization for the operation of an (a) Special temporary authority may aural broadcast STL or intercity relay be granted for aural broadcast STL or station may be made by informal appli- intercity relay station operation which cation which shall be filed with the cannot be conducted in accordance FCC at least 10 days prior to the date with § 74.24. Such authority will nor- of the proposed operation. However, an mally be granted only for operations of application filed within less than 10 a temporary nature. Where operation is days of the proposed operation may be seen as likely on a continuing annual accepted upon a satisfactory showing basis, an application for a regular au- of the reasons for the delay in submit- thorization should be submitted. ting the request.

420

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.551

(c) An informal request for special § 74.550 Equipment authorization. temporary authority requiring pay- Each authorization for aural broad- ment of a fee shall be addressed to the cast STL, ICR, and booster stations FCC at Federal Communications Com- shall require the use of equipment mission, Broadcast Auxiliary Radio which has been certificated or verified. Services, P.O. Box 358700, Pittsburgh, Equipment which has not been ap- PA 15251–5700. An informal request for proved under the equipment authoriza- special temporary authority not re- tion program and which was in service quiring payment of a fee shall be ad- prior to July 1, 1993, may be retained dressed to the FCC at Federal Commu- solely for temporary uses necessary to nications Commission, Broadcast Aux- restore or maintain regular service iliary Radio Services, 1270 Fairfield provided by approved equipment, be- Road, Gettysburg, Pennsylvania 17325. cause the main or primary unit has All requests must include full particu- failed or requires servicing. Such tem- lars including: licensee’s name, call porary uses may not interfere with or letters of the associated broadcast sta- impede the establishment of other tion(s), name and address of individual aural broadcast auxiliary links and designated to receive the return au- may not occur during more than 720 thorization, call letters of the aural cumulative hours per year. Should in- broadcast STL or intercity relay sta- terference occur, the licensee must tion, if assigned, type and manufac- take all steps necessary to eliminate turer of equipment, power output, it, up to and including cessation of op- emission, frequency or frequencies pro- eration of the auxiliary transmitter. posed for use, commencement and ter- All unapproved equipment retained for mination date and location of the pro- temporary use must have been in the posed operation, and purpose for which possession of the licensee prior to July request is made including any par- 1, 1993, and may not be obtained from ticular justification. other sources. Equipment designed exclusively for fixed operation shall be (d) A request for special temporary authorized under the verification pro- authorization shall specify a frequency cedure. The equipment authorization or frequencies consistent with the pro- procedures are contained in subpart J visions of § 74.502. However, in the case of part 2 of the rules. of events of widespread interest and NOTE TO § 74.550: Consistent with the note importance which cannot be trans- to § 74.502(a), grandfathered equipment in the mitted successfully on these fre- 942–944 MHz band and STL/ICR users of these quencies, frequencies assigned to other frequencies in Puerto Rico are also required services may be requested upon a show- to come into compliance by July 1, 1993. The ing that operation thereon will not backup provisions described above apply to cause interference to established sta- these stations also. tions. In no case will operation of an [63 FR 36604, July 7, 1998] aural broadcast STL or intercity relay station be authorized on frequencies § 74.551 Equipment changes. employed for the safety of life or prop- (a) Prior Commission approval, upon erty. appropriate application (FCC Form 313) (e) When the transmitting equipment therefor, is required for any of the fol- utilized is not licensed to the user, the lowing changes: user shall nevertheless have full con- (1) A change in the ERP. trol over the use of the equipment dur- (2) A change in the operating fre- ing the period it is operated. quency or channel bandwidth. (f) Special temporary authorization (3) A change in the location of the to permit operation of aural broadcast transmitter or transmitting antenna except when relocation of the trans- STL or intercity relay stations or sys- mitter is within the same building. tems pending FCC action on an appli- (4) Any change in the overall height cation for regular authority will nor- of the antenna structure, except where mally not be granted. notice to the Federal Aviation Admin- [47 FR 9220, Mar. 4, 1982, as amended at 50 FR istration is specifically not required 23709, June 5, 1985; 58 FR 19775, Apr. 16, 1993] under § 17.14(b) of this chapter.

421

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.561 47 CFR Ch. I (10–1–99 Edition)

(5) Any change in the direction of the urement techniques and consideration main radiation lobe of the transmit- of the transmitter emissions. ting antenna. [50 FR 48599, Nov. 26, 1985] (b) Other equipment changes not specifically referred to in this section may § 74.564 Posting of station license. be made at the discretion of the li- (a) The station license and any other censee, provided that the FCC at Fed- instrument of authorization or indi- eral Communications Commission, vidual order concerning the construc- Broadcast Auxiliary Radio Services, tion of the equipment or manner of op- 1270 Fairfield Road, Gettysburg, Penn- eration of the station shall be posted in sylvania 17325 is promptly notified in the room in which the transmitter is writing upon the completion of such located, provided that if the station is changes, and that the changes are de- operated by remote control pursuant to scribed in the notification. § 74.533, the station license shall be (c) Any application proposing a posted at the operating position. change in the height of the antenna (b) Posting of the station license and structure or its location must also in- any other instruments of authorization clude the Antenna Structure Registra- shall be done by affixing the licenses to tion Number (FCC Form 854R) of the the wall at the posting location, or by antenna structure upon which it will enclosing them in a binder or folder locate its proposed antenna. In the which is retained at the posting loca- event the antenna structure does not tion so that the documents will be have a Registration Number, either the readily available and easily accessible. antenna structure owner shall file FCC Form 854 (‘‘Application for Antenna [48 FR 24385, June 1, 1983, as amended at 60 Structure Registration’’) in accordance FR 55483, Nov. 1, 1995] with part 17 of this chapter or the ap- § 74.582 Station identification. plicant shall provide a detailed explanation why registration and clearance (a) Each aural broadcast STL or are not necessary. intercity relay station, when transmitting program material or information [28 FR 13716, Dec. 14, 1963, as amended at 38 shall transmit station identification at FR 6827, Mar. 13, 1973; 47 FR 54448, Dec. 3, the beginning and end of each period of 1982; 49 FR 7130, Feb. 27, 1984; 50 FR 48599, Nov. 26, 1985; 58 FR 19775, Apr. 16, 1993; 61 FR operation, and hourly, as close to the 4368, Feb. 6, 1996] hour as feasible, at a natural break in program offerings by one of the fol- § 74.561 Frequency tolerance. lowing means: (1) Transmission of its own call sign In the bands above 944 MHz, the oper- by aural means or by automatic trans- ating frequency of the transmitter mission of international Morse teleg- shall be maintained in accordance with raphy. the following table: (2) Aural transmission of the call Tolerance as sign of the radio broadcast station with percentage of which it is licensed as an STL or inter- Frequency band (MHz) assigned frequency city relay station. (3) Aural transmission of the call 944 to 952 ...... 0.005 sign of the radio broadcast station 17,700 to 19,700 ...... 0.003 whose signals are being relayed, or, 31,000 to 31,300 ...... 0.03 when programs are obtained directly from network lines and relayed, the [54 FR 30043, July 18, 1989] network identification. (b) Station identification trans- § 74.562 Frequency monitors and missions during operation need not be measurements. made when to make such transmission The licensee shall ensure that the would interrupt a single consecutive STL, ICR, TVP, or booster transmitter speech, play, religious service, sym- does not exceed the emission limita- phony concert, or other such produc- tions of § 74.535. This may be accom- tions. In such cases, the identification plished by appropriate frequency meas- transmission shall be made at the first

422

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.602

interruption of the entertainment con- cast or low power TV station or other tinuity and at the conclusion thereof. purposes as authorized in § 74.631. (c) Where more than one aural broad- (c) TV relay station. A fixed station cast STL or intercity relay station is used for transmission of TV program employed in an integrated relay sys- material and related communications tem, the station at the point of origi- for use by TV broadcast and low power nation may originate the transmission TV stations or other purposes as au- of the call signs of all of the stations in thorized in § 74.631. the relay system. (d) TV translator relay station. A fixed (d) Aural broadcast microwave boost- station used for relaying programs and er stations will be assigned individual signals of TV broadcast stations to call signs. However, station identifica- LPTV, TV translator, and to other tion will be accomplished by the re- communications facilities that the transmission of identification as pro- Commission may authorize or for other vided in paragraph (a) of this section. purposes as permitted by § 74.631. (e) Voice transmissions shall normally be employed for station identi- (e) TV broadcast licensee. Licensees fication. However, other methods of and permittees of both TV broadcast station identification may be per- and low power TV stations, unless spe- mitted or required by the Commission. cifically otherwise indicated. (f) TV microwave booster station. A [28 FR 13716, Dec. 14, 1963, as amended at 42 fixed station in the TV broadcast auxil- FR 36830, July 18, 1977; 42 FR 38178, July 27, 1977; 45 FR 26067, Apr. 17, 1980; 49 FR 7130, iary service that receives and amplifies Feb. 27, 1984] signals of a TV pickup, TV STL, TV relay, or TV translator relay station Subpart F—Television Broadcast and retransmits them on the same fre- Auxiliary Stations quency. [47 FR 21496, May 18, 1982, as amended at 48 § 74.600 Eligibility for license. FR 17091, Aug. 21, 1983; 49 FR 7130, Feb. 27, A license for a station in this subpart 1984] will be issued only to a television broadcast station, a television broad- § 74.602 Frequency assignment. cast network-entity, a low power tele- (a) The following frequencies are vision station, or a television trans- available for assignment to television lator station. pickup, television STL, television [52 FR 7142, Mar. 9, 1987] relay and television translator relay stations. The band segments 17,700– § 74.601 Classes of TV broadcast auxil- 18,580 and 19,260–19,700 MHz are avail- iary stations. able for broadcast auxiliary stations as (a) TV pickup stations. A land mobile described in paragraph (g) of this sec- station used for the transmission of TV tion. Additionally, the band 38.6–40.0 program material and related commu- GHz is available for assignment with- nications from scenes of events occur- out channel bandwidth limitation to ring at points removed from TV broad- TV pickup stations on a secondary cast station studios to TV broadcast or basis to fixed stations. The band seg- low power TV stations or other pur- ment 6425–6525 MHz is available for poses as authorized in § 74.631. broadcast auxiliary stations as de- (b) TV STL station (studio-transmitter scribed in paragraph (j) of this section. link). A fixed station used for the trans- Broadcast network-entities may also mission of TV program material and use the 1990–2110, 6425–6525 and 6875–7125 related communications from the stu- MHz bands for mobile television pick- dio to the transmitter of a TV broad- up only.

423

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.602 47 CFR Ch. I (10–1–99 Edition)

Band D 1 GHz

Band A MHz Band B MHz Group A channels Group B channels Channel bound- Channel bound- Designation aries Designation aries

1990±2008 ...... A01 ...... 12.700±12.725 B01 ...... 12.7125± 12.7375 2008±2025 ...... A02 ...... 12.725±12.750 B02 ...... 12.7375± 12.7625 2025±2042 ...... A03 ...... 12.750±12.775 B03 ...... 12.7265± 12.7875 2042±2059 ...... A04 ...... 12.775±12.800 B04 ...... 12.7875± 12.8125 2059±2076 ...... 6875±6900 ...... A05 ...... 12.800±12.825 B05 ...... 12.8125± 12.8375 2076±2093 ...... 6900±6925 ...... A06 ...... 12.825±12.850 B06 ...... 12.8375± 12.8625 2093±2110 ...... 6925±6950 ...... A07 ...... 12.850±12.875 B07 ...... 12.8625± 12.8875 2450±2467 ...... 6950±6975 ...... A08 ...... 12.875±12.900 B08 ...... 12.8875± 12.9125 2467±2483.5 ...... 6975±7000 ...... A09 ...... 12.900±12.925 B09 ...... 12.9125± 12.9375 7000±7025 ...... A10 ...... 12.925±12.950 B10 ...... 12.9375± 12.9625 7025±7050 ...... A11 ...... 12.950±12.975 B11 ...... 12.9625± 12.9875 7050±7075 ...... A12 ...... 12.975±13.000 B12 ...... 12.9875± 12.0125 7075±7100 ...... A13 ...... 13.000±13.025 B13 ...... 13.0125± 13.0375 7100±7125 ...... A14 ...... 13.025±13.050 B14 ...... 13.0375± 13.0625 A15 ...... 13.050±13.075 B15 ...... 13.0625± 13.0875 A16 ...... 13.075±13.100 B16 ...... 13.0875± 13.1125 A17 ...... 13.100±13.125 B17 ...... 13.1125± 13.1375 A18 ...... 13.125±13.150 B18 2 ...... 13.1375± 13.1625 A19 2 ...... 13.150±13.175 B19 2 ...... 13.1625± 13.1875 A20 2 ...... 13.175±13.200 B20 2 ...... 13.1875± 13.2125 A21 ...... 13.200±13.225 B21 ...... 13.2125± 13.2375 A22 ...... 13.225±13.250 1 For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced 12.5 MHz. As example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc. 2 The band 13.15±13.20 GHz is reserved exclusively for the assignment of Television Pickup and CARS Pickup stations on a co-equal basis within a 50 km radius of each of the 100 television markets delineated in Section 76.51. Fixed television auxiliary stations licensed pursuant to applications accepted for filing before Sept. 1, 1979, may continue operation on channels in the 13.15±13.20 GHz band, subject to periodic license renewals.

(1) Frequencies shown above between that which will be employed by such 2450 and 2500 MHz in Band A are allo- other services. cated to accommodate the incidental (2) The following notes to the Table radiations of industrial, scientific, and of Frequency Allocations contained in medical (ISM) equipment, and stations § 2.106 apply to the shared use of the operating therein must accept any in- frequency bands shown above: terference that may be caused by the operation of such equipment. Fre- NG 123 Television pickup stations may be authorized to use frequencies in the band quencies between 2450 and 2500 MHz are 38.6–40 GHz on a secondary basis to stations also shared with other communication operating in the fixed services. services and exclusive channel assign- US90 In the band 2025–2120 MHz earth-to- ments will not be made, nor is the space transmissions in the space research channeling shown above necessarily and earth exploration satellite services by

424

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.602

Government and non-Government stations (d) Community antenna relay sta- as specific locations may be authorized sub- tions may be assigned channels in Band ject to such conditions as may be applied on D between 12,700 and 13,200 MHz subject a case-by-case basis. to the condition that no harmful inter- US111 In the band 1990–2120 MHz, Govern- ment space research earth station may be ference is caused to TV STL and TV authorized to use specific frequencies at spe- relay stations authorized at the time of cific locations for earth-to-space trans- such grants. Similarly, new TV STL missions. Such authorizations shall be sec- and TV relay stations must not cause ondary to non-Government use of this band harmful interference to community an- and subject to such other conditions as may tenna relay stations authorized at the be applied on a case-by-case basis. time of such grants. The use of chan- Corpus Christi, Tex., 27°39′ N., 097°23′ W. nels between 12,700 and 13,200 MHz by Fairbanks, Alaska, 64°59′ N, 147°53′ W. TV pickup stations is subject to the Goldstone, Calif., 35°18′ N. 116°54′ W. condition that no harmful interference Greenbelt, Md., 39°00′ N, 076°50′ W. is caused to community antenna relay, Guam, Mariana Islands, 13°19′ N, 144°44′ E. TV STL and TV relay stations, except Kanai, Hawaii, 22°08′ N, 159°40′ W. as provided for in § 74.602(a) Note 2. Meritt Island, Fla., 28°29′ N, 080°35′ W. Band D channels are also shared with ° ′ ° ′ Rosman, N.C., 35 12 N, 082 52 W. certain Private Operational Fixed Sta- ° ′ ° ′ Wallops Island, Va., 37 57 N, 075 28 W. tions, see § 74.638. US219 In the band 2025–2110 MHz, Govern- (e) Communication common carriers ment Earth resources satellite Earth sta- in the Local Television Transmission tions in the Earth exploration-satellite serv- Service (Part 21) may be assigned fre- ice may be authorized to use the frequency quencies available to television broad- 2106.4 MHz for Earth-to-space transmissions for tracking, telemetry, and telecommand at cast station licensees and broadcast the sites listed below. Such transmissions network entities for the purpose of pro- shall not cause harmful interference to non- viding service to television broadcast Government operations. stations and broadcast network—enti- US222 In the band 2025–2035 MHz geo- ties, respectively. stationary operational environmental sat- (f) TV auxiliary stations licensed to ellite Earth stations in the space research low power TV stations and translator and Earth exploration-satellite services may relay stations will be assigned on a sec- be authorized on a coequal basis for Earth- ondary basis, i.e., subject to the condi- to-space transmission for tracking, telemetry, and telecommand at the sites listed tion that no harmful interference is below: caused to other TV auxiliary stations assigned to TV broadcast stations, or ° ′ ′′ ° ′ ′′ Wallops Is., Va. 37 50 48 N., 75 27 33 W. to community antenna relay stations Seattle, Wash. 47°34′ 15′′ N., 122°33′ 10′′ W. (CARS) operating between 12,700 and Honolulu, Hawaii 21°21′ 12′′ N., 157°52′ 36′′ W. 13,200 MHz. Auxiliary stations licensed NG147 Stations in the broadcast auxiliary to low power TV stations and trans- service and private radio services licensed as of July 25, 1985, or on a subsequent date fol- lator relay stations must accept any lowing as a result of submitting an applica- interference caused by stations having tion for license on or before July 25, 1985, primary use of TV auxiliary fre- may continue to operate on a primary basis quencies. to the radiodetermination satellite service. (g) The following frequencies are (b) Subject to the conditions of para- available for assignment to television graph (a) of this section, frequency as- STL, television relay stations and tele- signments will normally be made as revision translator relay stations. The quested, provided that the frequency provisions of Section 74.604 do not selection provisions of § 74.604 have apply to the use of these frequencies. been followed and that the frequency These frequencies are shared on a co- requested will cause no interference to equal basis with other stations in the existing users in the area. The Com- fixed service (see Parts 21, 78 and 94). mission reserves the right to assign Applicants may use either a two-way frequencies other than those requested link or one or both frequencies of a fre- if, in its opinion, such action is war- quency pair for a one-way link and ranted. shall coordinate proposed operations (c) Fixed link stations will be author- pursuant to procedures required in ized to operate on one channel only. § 21.100(d).

425

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00425 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.602 47 CFR Ch. I (10–1–99 Edition)

(1) 2 MHz maximum authorized band- Receive width channel: Transmit (receive) (MHz) (transmit) (MHz)

Receive 17795.0 ...... 19355.0 Transmit (receive) (MHz) (transmit) (MHz) 17805.0 ...... 19365.0 17815.0 ...... 19375.0 18141.0 ...... n/a 17825.0 ...... 19385.0 17835.0 ...... 19395.0 17845.0 ...... 19405.0 (2) 6 MHz maximum authorized band- 17855.0 ...... 19415.0 width channels: 17865.0 ...... 19425.0 17875.0 ...... 19435.0 Receive 17885.0 ...... 19445.0 Transmit (receive) (MHz) (transmit) 17895.0 ...... 19455.0 (MHz) 17905.0 ...... 19465.0 216 MHz Separation 17915.0 ...... 19475.0 17925.0 ...... 19485.0 17935.0 ...... 19495.0 18145.0 ...... n/a 17945.0 ...... 19505.0 18151.0 ...... 18367.0 17955.0 ...... 19515.0 18157.0 ...... 18373.0 17965.0 ...... 19525.0 18163.0 ...... 18379.0 17975.0 ...... 19535.0 18169.0 ...... 18385.0 17985.0 ...... 19545.0 18175.0 ...... 18391.0 17995.0 ...... 19555.0 18181.0 ...... 18397.0 18005.0 ...... 19565.0 18187.0 ...... 18403.0 18015.0 ...... 19575.0 18193.0 ...... 18409.0 18025.0 ...... 19585.0 18199.0 ...... 18415.0 18035.0 ...... 19595.0 18205.0 ...... 18421.0 18045.0 ...... 19605.0 18211.0 ...... 18427.0 18055.0 ...... 19615.0 18217.0 ...... 18433.0 18065.0 ...... 19625.0 18223.0 ...... 18439.0 18075.0 ...... 19635.0 18229.0 ...... 18445.0 18085.0 ...... 19645.0 18235.0 ...... 18451.0 18095.0 ...... 19655.0 18241.0 ...... 18457.0 18105.0 ...... 19665.0 18247.0 ...... 18463.0 18115.0 ...... 19675.0 18253.0 ...... 18469.0 18125.0 ...... 19685.0 18259.0 ...... 18475.0 18135.0 ...... 19695.0 18265.0 ...... 18481.0 18271.0 ...... 18487.0 18277.0 ...... 18493.0 (4) 20 MHz maximum authorized 18283.0 ...... 18499.0 bandwidth channels: 18289.0 ...... 18505.0 18295.0 ...... 18511.0 Receive 18301.0 ...... 18517.0 Transmit (receive) (MHz) (transmit) 18307.0 ...... 18523.0 (MHz) 18313.0 ...... 18529.0 18319.0 ...... 18535.0 1560 MHz Separation 18325.0 ...... 18541.0 18331.0 ...... 18547.0 17710.0 ...... 19270.0 18337.0 ...... 18553.0 17730.0 ...... 19290.0 18343.0 ...... 18559.0 17750.0 ...... 19310.0 18349.0 ...... 18565.0 17770.0 ...... 19330.0 18355.0 ...... 18571.0 17790.0 ...... 19350.0 18361.0 ...... 18577.0 17810.0 ...... 19370.0 17830.0 ...... 19390.0 (3) 10 MHz maximum authorized 17850.0 ...... 19410.0 17870.0 ...... 19430.0 bandwidth channels: 17890.0 ...... 19450.0 17910.0 ...... 19470.0 Receive 17930.0 ...... 19490.0 Transmit (receive) (MHz) (transmit) (MHz) 17950.0 ...... 19510.0 17970.0 ...... 19530.0 1560 MHz Separation 17990.0 ...... 19550.0 18010.0 ...... 19570.0 18030.0 ...... 19590.0 17705.0 ...... 19265.0 18050.0 ...... 19610.0 17715.0 ...... 19275.0 18070.0 ...... 19630.0 17725.0 ...... 19285.0 18090.0 ...... 19650.0 17735.0 ...... 19295.0 18110.0 ...... 19670.0 17745.0 ...... 19305.0 18130.0 ...... 19690.0 17755.0 ...... 19315.0 17765.0 ...... 19325.0 17775.0 ...... 19335.0 (5) 40 MHz maximum authorized 17785.0 ...... 19345.0 bandwidth channels:

426

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.603

Receive (2) 8 MHz maximum authorized band- Transmit (receive) (MHz) (transmit) width channels. (MHz)

1560 MHz Separation Transmit (or receive MHz) Receive (or transmit) (MHz) 6430.0 6480.0 17720.0 ...... 19280.0 6438.0 6488.0 17760.0 ...... 19320.0 6446.0 6596.0 17800.0 ...... 19360.0 6455.0 6505.0 17840.0 ...... 19400.0 17880.0 ...... 19440.0 6463.0 6513.0 17920.0 ...... 19480.0 6471.0 6521.0 17960.0 ...... 19520.0 18000.0 ...... 19560.0 (3) 25 MHz maximum authorized 18040.0 ...... 19600.0 bandwidth channels. 18080.0 ...... 19640.0 18120.0 ...... 19680.0 Transmit (or receive MHz) Receive (or transmit (MHz)

(6) 80 MHz maximum authorized 6437.5 6487.5 bandwidth channels: 6462.5 6512.5

Receive Transmit (receive) (MHz) (transmit) (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (MHz) 1068, 1082; 47 U.S.C. 154, 155, 303)

1560 MHz Separation [28 FR 13718, Dec. 14, 1963]

EDITORIAL NOTE: For FEDERAL REGISTER ci- 17740.0 ...... 19300.0 tations affecting § 74.602, see the List of CFR 17820.0 ...... 19380.0 17900.0 ...... 19460.0 Sections Affected in the Finding Aids sec- 17980.0 ...... 19540.0 tion of this volume. 18060.0 ...... 19620.0 § 74.603 Sound channels. (h) TV STL and TV relay stations (a) The frequencies listed in § 74.602(a) may be authorized, on a secondary may be used for the simultaneous basis and subject to the provisions of transmission of the picture and sound Subpart G of this chapter, to operate portions of TV broadcast programs and fixed point-to-point service on the for cue and order circuits, either by UHF–TV channels 14–69. These stations means of multiplexing or by the use of must not interfere with and must ac- a separate transmitter within the same cept interference from current and fu- channel. When multiplexing of a TV ture full-power UHF–TV stations, STL station is contemplated, consider- LPTV stations, translator stations. ation should be given to the require- They will also be secondary to current ments of § 73.687 of this Chapter regard- land mobile stations (in areas where ing the overall system performance re- land mobile sharing is currently per- quirements. Applications for new TV mitted and contingent on the decision pickup, TV STL, TV relay and TV reached in the pending Dockets No. 85– translator relay stations shall clearly 172 and No. 84–902). indicate the nature of any mutliplexing (i) 6425 to 6525 MHz—Mobile Only. proposed. Multiplexing equipment may Paired and un-paired operations per- be installed on licensed equipment mitted. Use of this spectrum for direct without authority of the FCC, provided delivery of video programs to the gen- the installation of such apparatus on a eral public or multi-channel cable dis- TV STL station shall not result in deg- tribution is not permitted. This band is radation of the overall system perform- co-equally shared with mobile stations ance of the TV broadcast station below licensed pursuant to Parts 21, 78 and 94 that permitted by § 73.687 of this chap- of the Commission’s Rules. The fol- ter. lowing channel plans apply. (b) The aural portion of television (1) 1 MHz maximum authorized band- broadcast program material may be width channels. transmitted over an aural broadcast Transmit (or receive MHz) Receive (or transmit) (MHz) STL or intercity relay station licensed under the provisions of Subpart E of 6425.5 6475.5 this part, but only on a secondary, non- 6450.5 6500.5 interference basis to the programming

427

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.604 47 CFR Ch. I (10–1–99 Edition)

of aural broadcast stations. A TV sta- should be given to the relative location licensee may continue such oper- tions of receiving points, normal trans- ation until the channel assigned to its mission paths, and the nature of the Subpart E station is requested by an contemplated operation. aural broadcast licensee after a show- (b) Where two or more licensees are ing that no other vacant channels are assigned a common channel for TV available or satisfactory. Upon Com- pickup, TV STL, or TV relay purposes mission concurrence with the aural in the same area and simultaneous op- broadcast licensee request, the TV sta- eration is contemplated, they shall tion licensee will be required to dis- take such steps as may be necessary to continue operation on the requested avoid mutual interference, including frequency. In areas where only a por- consultation with the local coordination of the Subpart E frequencies used tion committee, if one exists. If a mu- by TV station licensees are required by tual agreement to this effect cannot be aural broadcast licensees, the Commis- reached, the Commission must be noti- sion will assist all affected parties in fied and it will take such action as may arriving at an equitable solution. The be necessary, including time sharing provisions of this paragraph do not pre- arrangements, to assure an equitable clude continued use of Subpart E facili- distribution of available frequencies. ties for relay of TV sound where the fa- (c) For those interference disputes cilities are authorized to an aural brought to the Commission for resolu- broadcast licensee and the primary tion, TV broadcast auxiliary channels purpose of the station is to relay aural will have the following priority for pur- broadcast programming. poses of interference protection: (c) Aural STL or intercity relay sta- (1) All fixed links for full service tions licensed as of July 10, 1970, to op- broadcast stations and cable systems. erate in the frequency band 942–947 (2) TV and CARS pickup stations. MHz, may continue to so operate pend- (3) Fixed or mobile stations serving ing a decision as to their disposition translator or low power TV stations. through a future rule making pro- (4) Backup facilities; TV pickup sta- ceeding. tions used outside a licensee’s local (d) Remote pickup broadcast stations service area. may be used in conjunction with tele- (5) Any transmission, pursuant to vision pickup stations for the trans- § 74.631(f), that does not involve the de- mission of the aural portion of tele- livery of program material to a licens- vision programs or events that occur ee’s associated TV broadcast station. outside a television studio and for the (d) Interference between two stations transmission of cues, orders, and other having the same priority shall be re- related communications necessary solved in favor of the station licensed thereto. The rules governing remote first on a particular path. pickup broadcast stations are con- [48 FR 17091, Apr. 21, 1983] tained in Subpart D of this part. § 74.631 Permissible service. [28 FR 13718, Dec. 14, 1963, as amended at 47 FR 55936, Dec. 14, 1982; 48 FR 24385, June 1, (a) The licensee of a television pick- 1983] up station authorizes the transmission of program material, orders concerning § 74.604 Interference avoidance. such program material, and related (a) Because the Commission does not communications necessary to the ac- undertake frequency coordination, ap- complishment of such transmissions, plicants for new TV broadcast auxil- from the scenes of events occurring in iary authorizations are responsible for places other than a television studio, selecting the frequency assignments to its associated television broadcast that are least likely to result in mu- station, to such other stations as are tual interference with other licensees broadcasting the same program mate- in the same area. Applicants may con- rial, or to the network or networks sult local coordination committees, with which the television broadcast where they exist, for information on station is affiliated. Television pickup frequencies available in the area. In se- stations may be operated in conjunc- lecting frequencies, consideration tion with other television broadcast

428

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.631

stations not aformentioned in this transmitting television broadcast pro- paragraph: Provided, That the trans- gram material. missions by the television pickup sta- (e) Except as provided in paragraphs tion are under the control of the li- (a), (d), (f) and (j) of this section, all censee of the television pickup station program material transmitted over a and that such operation shall not ex- TV pickup, STL, or TV relay station ceed a total of 10 days in any 30-day pe- shall be used by or intended for use by riod. Television pickup stations may be a TV broadcast station owned by or used to provide temporary studio- under the common control of the li- transmitter links or intercity relay censee of the TV pickup, STL, or TV circuits consistent with § 74.632 without relay station. Program material trans- further authority of the Commission: mitted over a TV pickup, STL or TV Provided, however, That prior Commis- relay station and so used by the li- sion authority shall be obtained if the censee of such facility may, with the transmitting antenna to be installed permission of the licensee of the broad- will increase the height of any natural cast auxiliary facility, be used by other formation or man-made structure by TV broadcast stations and by non- more than 6.1 meters (20 feet) and will broadcast closed circuit educational be in existence for a period of more TV systems operated by educational than 2 consecutive days. institutions. NOTE: As used in this subpart, ‘‘associated (f) A TV broadcast pickup, STL, or television broadcast station’’ means a tele- TV relay station may be used for the vision broadcast station licensed to the li- transmission of material to be used by censee of the television auxiliary broadcast others, including but not limited to station and with which the television auxil- other broadcast stations, cable tele- iary station is licensed as an auxiliary facil- vision systems, and educational insti- ity. tutions. This use shall not interfere (b) A television broadcast STL sta- with the use of these broadcast auxil- tion is authorized to transmit visual iary facilities for the transmission of program material between the studio programs and associated material in- and the transmitter of a television tended to be used by the television sta- broadcast station for simultaneous or tion or stations licensed to or under delayed broadcast. common control of the licensee of the (c) A TV relay station is authorized TV pickup, STL, or TV relay station. to transmit visual program material This use of the broadcast auxiliary fa- between TV broadcast stations for si- cilities must not cause harmful inter- multaneous or delayed broadcast, or ference to broadcast auxiliary stations may be used to transmit visual pro- operating in accordance with the basic gram material from a remote pickup frequency allocation, and the licensee receiver site of a single station. of the TV pickup, STL, or TV relay (d) The transmitter of an STL, TV station must retain exclusive control relay station or TV translator relay over the operation of the facilities. station may be multiplexed to provide Prior to operating pursuant to the pro- additional communication channels. A visions of this section, the licensee TV broadcast STL or TV relay station shall, for the intended location or area- will be authorized only in those cases of-operation, notify the appropriate where the principal use is the trans- frequency coordinatioin committee or mission of television broadcast pro- any licensee(s) assigned the use of the gram material for use by its associated proposed operating frequency, con- TV broadcast station. However, STL or cerning the particulars of the intended TV relay stations so licensed may be operation and must provide the name operated at any time for the trans- and telephone number of a person who mission of multiplexed communica- may be contacted in the event of inter- tions whether or not visual program ference. material is being transmitted, provided (g) Except as provided in paragraph that such operation does not cause (d) of this section, a television trans- harmful interference to TV broadcast lator relay station is authorized for the pickup, STL or TV relay stations purpose of relaying the programs and

429

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00429 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.632 47 CFR Ch. I (10–1–99 Edition)

signals of a television broadcast sta- plicant shall be specific with regard to tion to television broadcast translator the frequencies requested. In lieu of stations for simultaneous retrans- specifying specific transmitter types, mission. applicants shall certify that the trans- (h) A TV microwave booster station mitter used or to be used at the re- is authorized to retransmit the signals quested facility is authorized as re- of a TV pickup, TV STL, TV relay, or quired, or was manufactured before Oc- TV translator relay station. tober 1, 1981. Applications for consoli- (i) TV broadcast auxiliary stations dation of individual mobile station li- authorized pursuant to this subpart censes into a system license will be ac- may additionally be authorized to sup- cepted only at the time application is ply programs and signals of TV broad- made for renewal of the main (Part 73) cast stations to cable television sys- station license. tems or CARS stations. Where the li- (b) A license for a TV relay station censee of a TV broadcast auxiliary sta- may be issued in any case where the tion supplies programs and signals to circuit will operate between TV broad- cable television systems or CARS sta- cast stations either by means of ‘‘off- tions, the TV auxiliary licensee must the-air’’ pickup and relay or location of have exclusive control over the oper- the initial relay station at the studio ation of the TV auxiliary stations li- or transmitter of a TV broadcast sta- censed to it. Contributions to capital tion. and operating expenses may be accept- (c) An application for construction ed only on a cost-sharing, non-profit permit for a new TV pickup station basis, prorated on an equitable basis shall designate the TV broadcast sta- among all parties being supplied with tion with which it is to be operated and program material. specify the area in which the proposed (j) A broadcast network-entity may operation is intended. The maximum use television auxiliary service sta- permissible area of operation will gen- tions to transmit their own television erally be that of a standard metropoli- program materials to broadcast sta- tan area, unless a special showing is tions, other broadcast network-enti- made that a larger area is necessary. ties, cable systems and cable network- (d) Licensees who have two or more entities: Provided, however, that the TV broadcast stations located in dif- bands 1990–2110 MHz, 6425–6525 MHz and ferent cities shall, in applying for a 6875–7125 MHz may be used by broad- new TV pickup station, designate the cast network-entities only for tele- TV broadcast station in conjunction vision pick-up stations. with which it is to be operated prin- [28 FR 13718, Dec. 14, 1963, as amended at 29 cipally. Operation in a city which is FR 15524, Nov. 19, 1964; 43 FR 1950, Jan. 13, not the city of license of the associated 1978; 44 FR 32381, June 6, 1979; 47 FR 55937, TV broadcast station is on a secondary, Dec. 14, 1982; 48 FR 17092, Apr. 21, 1983; 49 FR non-interference basis to home-city 7130, Feb. 27, 1984; 52 FR 7142, Mar. 9, 1987] users. (e) A license for a TV translator § 74.632 Licensing requirements. relay station will be issued only to li- (a) Licenses for television pickup, censees of low power TV and TV trans- television STL, television microwave lator stations. The application for con- booster, or television relay stations struction permit shall designate the will be issued only to licensees of tele- television broadcast station to be revision broadcast stations, and broad- layed, the source of the television cast network-entities and, further, on a broadcast station’s signals, and the tel- secondary basis, to licensees of low evision broadcast translator station power television stations. A separate with which it is to be operated. How- application is required for each fixed ever, a television translator relay sta- station and the application shall be tion license may be issued to a cooper- specific with regard to the frequency ative enterprise wholly owned by li- requested. A mobile station license censees of television broadcast trans- may be issued for any number of mo- lators or licensees of television broad- bile transmitters to operate in a spe- cast translators and cable television cific area or frequency band and the ap- owners or operators upon a showing

430

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00430 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.634

that the applicant is qualified under Commission at least 10 days prior to the Communication Act of 1934, as the date of the proposed operation. amended. (c) An application for special tem- (f) Licensees of TV pickup, TV STL, porary authority shall set forth full TV relay, and TV translator relay sta- particulars of the purpose for which tions may be authorized to operate one the request is made, and shall show the or more TV microwave booster stations type of equipment, power output, emis- for the purpose of relaying signals over sion, and frequency or frequencies pro- a path that cannot be covered with a posed to be used, as well as the time, single station. date and location of the proposed operation. In the event that the proposed NOTE: Applications for TV microwave antenna installation will increase the booster stations will not be accepted for fil- height of any natural formation, or ex- ing prior to January 1, 1985. isting man-made structure, by more (g) In case of permanent discontinu- than 6.1 meters (20 feet), a vertical plan ance of operation of a station licensed sketch showing the height of the struc- under this subpart, the licensee shall ture proposed to be erected, the height forward the station license to the Fed- above ground of any existing structure, eral Communications Commission, the elevation of the site above mean Broadcast Auxiliary Radio Services, sea level, and the geographic coordi- 1270 Fairfield Road, Gettysburg, Penn- nates of the proposed site, shall be sub- sylvania 17325. mitted with the application. (d) A request for special temporary [28 FR 13718, Dec. 14, 1963, as amended at 44 authority shall specify a channel or FR 32382, June 6, 1979; 47 FR 55937, Dec. 14, channels consistent with the provisions 1982; 48 FR 9012, Mar. 3, 1983; 48 FR 17092, Apr. 21, 1983; 48 FR 21486, May 12, 1983; 49 FR 7130, of § 74.602: Provided, That in the case of Feb. 27, 1984; 49 FR 10930, Mar. 23, 1984; 52 FR events of wide-spread interest and im- 7142, Mar. 9, 1987; 58 FR 19775, Apr. 16, 1993; 63 portance which cannot be transmitted FR 36605, July 7, 1998] successfully on these frequencies, frequencies assigned to other services § 74.633 Temporary authorizations. may be requested upon a showing that (a) Special temporary authority may operation thereon will not cause inter- be granted for TV broadcast auxiliary ference to established stations: And station operation which cannot be con- provided further, That in no case will a ducted in accordance with § 74.24. Such television auxiliary broadcast oper- authority will normally be granted ation be authorized on frequencies em- only for operations of a temporary na- ployed for the safety of life and prop- ture. Where operation is seen as likely erty. on a continuing annual basis, an appli- (e) When the transmitting equipment cation for a regular authorization utilized is not licensed to the user, the should be submitted. user shall nevertheless have full con- (b) A request for special temporary trol over the use of the equipment dur- authority for the operation of a tele- ing the period it is operated. vision broadcast auxiliary station may (f) Special temporary authority to be made by informal application. An permit operation of a TV auxiliary informal application for special tem- broadcast station of any class pending porary authority requiring payment of FCC action on an application for reg- a fee shall be addressed to the FCC at ular authority will not normally be Federal Communications Commission, granted. Broadcast Auxiliary Radio Services, (Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. P.O. Box 358700, Pittsburgh, PA 15251– 318) 5700. An informal application for spe- [28 FR 13720, Dec. 14, 1963, as amended at 47 cial temporary authority not requiring FR 9221, Mar. 4, 1982; 47 FR 55937, Dec. 14, payment of a fee shall be addressed to 1982; 50 FR 23710, June 5, 1985; 52 FR 10570, the FCC at Federal Communications Apr. 2, 1987; 58 FR 19775, Apr. 16, 1993] Commission, Broadcast Auxiliary Radio Services, 1270 Fairfield Road, § 74.634 Remote control operation. Gettysburg, Pennsylvania 17325. Such (a) A TV auxiliary station may be op- applications shall be filed with the erated by remote control provided that

431

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00431 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.635 47 CFR Ch. I (10–1–99 Edition)

such operation is conducted in accord- the associated TV translator station’s ance with the conditions listed below: transmitted signal. (1) The remote control system must (b) The FCC may notify the licensee be designed, installed, and protected so to cease or modify operation in the that the transmitter can only be acti- case of frequency usage disputes, inter- vated or controlled by persons author- ference or similar situations where ized by the licensee. such action appears to be in the public (2) The remote control equipment interest, convenience and necessity. must be maintained to ensure proper [28 FR 13718, Dec. 14, 1963, as amended at 31 operation. FR 15314, Dec. 7, 1966; 43 FR 1950, Jan. 13, (3) The remote control system must 1978; 47 FR 55937, Dec. 14, 1982; 49 FR 7131, be designed to prevent inadvertent Feb. 27, 1984; 50 FR 32417, Aug. 12, 1985] transmitter operation caused by malfunctions in the circuits between the § 74.636 Power limitations. control point and transmitter. Transmitter peak output power shall (b) The FCC may notify the licensee not be greater than necessary, and in to cease or modify operation in the any event, shall not exceed the power case of frequency usage disputes. inter- listed in the table below: ference or similar situations where Maximum allow- Maximum al- such action appears to be in the public able transmitter lowable EIRP interest, convenience and necessity. Frequency band (MHz) power Fixed Mobil Fixed Mobil [28 FR 13718, Dec. 14, 1963, as amended at, 47 (W) (W) (dBW) (dBW) FR 55937, Dec. 14, 1982; 50 FR 48600, Nov. 26, 1985; 60 FR 55483, Nov. 1, 1995] 1,990 to 2,110 ...... 20.0 12.0 ...... 2,450 to 2,500 ...... 20.0 12.0 ...... 6,425 to 6,525 ...... 12.0 ...... +35 § 74.635 Unattended operation. 6,875 to 7,125 ...... 20.0 12.0 +55 +35 (a) TV relay stations, TV translator 12,700 to 13,250 ...... 5.0 1.5 +55 +45 17,700 to 18,600 ...... 10.0...... +55 ...... relay stations, TV STL stations, and 18,600 to 18,800 ...... 1 10.0 ...... +35 ...... TV microwave booster stations may be 18,800 to 19,700 ...... 10.0 ...... +55 ...... operated unattended under the fol- 31,000 to 31,300 ...... 0.05 0.05 ...... lowing conditions: 38,600 to 40,000 ...... 1.5 ...... (1) The transmitter must be provided 1 The power delivered to the antenna is limited to -3 dBW. with adequate safeguards to prevent [45 FR 78692, Nov. 26, 1980, as amended at 52 improper operation. FR 7142, Mar. 9, 1987] (2) The transmitter shall be so installed and protected that it is not ac- § 74.637 Emissions and emission limi- cessible to other than duly authorized tations. persons; (a) For frequency modulation, the (3) TV relay stations, TV STL sta- mean power of emissions shall be at- tions, TV translator relay stations, and tenuated below the mean transmitter TV microwave booster stations used power (P) in accordance with the fol- with these stations, shall be observed lowing schedule: at the receiving end of the microwave (1) On any frequency removed from circuit as often as necessary to ensure the assigned frequency by more than proper station operation by a person 50% and up to 100% of the authorized designated by the licensee, who must bandwidth: at least 25 dB. institute measures sufficient to ensure (2) On any frequency removed from prompt correction of any condition of the assigned frequency by more than improper operation. However, an STL 100% and up to 150% of the authorized station (and any TV microwave booster bandwidth: at least 35 dB. station) associated with a TV broad- (3) On any frequency removed from cast station operated by remote con- the assigned frequency by more than trol may be observed by monitoring 150% of the authorized bandwidth: at the TV station’s transmitted signal at least 43+10 Log(P) dB. the remote control point. Additionally, (b) For all emissions except fre- a TV translator relay station (and any quency modulation, the peak power of associated TV microwave booster sta- emissions shall be attenuated below tion) may be observed by monitoring the peak envelope transmitter power

432

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00432 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.637

(P) in accordance with the following Hz outside the same edge, the following schedule: formula will apply: (1) On any frequency 500 Hz inside the channel edge up to and including 2500

 25  W 2  Attenuation = 29 Log D +−25.  dB  11  2  

or 50 dB whichever is the lesser attenu- A=Attenuation (in dB) below the mean out- ation. Where: D is the displacement put power level frequency (kHz) from the center of the P=Percent removed from the carrier frequency authorized bandwidth; and W is the B=Authorized bandwidth in MHz channel bandwidth (kHz). (2) On any frequency removed from [Attenuation greater than 56 decibels the channel edge by more than 2500 Hz: is not required.] At least 43+10 Log (P) dB. (ii) In any 4 kHz band, the center fre- (c) For operation in the bands 6425– quency of which is removed from the 6525 MHz, 17,700–19,700 MHz, and 31,000– assigned frequency by more than 250% of the authorized bandwidth: At least 31,300 MHz: TV broadcast STL, relay 43=10 log (mean output power in and booster stations may be authorized 10 watts) dB, or 80 dB, whichever is the to employ analog or digital modulation lesser attenuation. in this band. The mean power of any (3) Amplitude Modulation. For ves- emission shall be attenuated below the tigial sideband AM video: On any fre- mean output power of the transmitter quency removed from the center fre- in accordance with the following sched- quency of the authorized band by more ule: than 50%: at least 50 dB below peak (1) When using frequency modulation: power of the emission. (i) On any frequency removed from (d) In the event that interference to the assigned (center) frequency by other stations is caused by emissions more than 50% up to and including outside the authorized channel, the 100% of the authorized bandwidth: At FCC may require greater attenuation least 25 dB; than that specified in paragraph (b) of (ii) On any frequency removed from this section. the assigned (center) frequency by (e) The following limitations also more than 100% up to and including apply to the operation of TV micro- 250% of the authorized bandwidth: At wave booster stations: least 35 dB; (1) The booster station must receive (iii) On any frequency removed from and amplify the signals of the origi- the assigned (center) frequency by nating station and retransmit them on more than 250% of the authorized band- the same frequency without signifi- width: At least 43+10 log 10 (mean out- cantly altering them in any way. The put power in watts) dB, or 80 dB, characteristics of the booster trans- whichever is the lesser attenuation. mitter output signal shall meet the re- (2) When using digital modulation: quirements applicable to the signal of (i) In any 1 NHz band, the center fre- the originating station. quency of which is removed from the (2) The licensee is responsible for cor- assigned frequency by more than 50% recting any condition of interference that results from the radiation of radio up to and including 250% of the author- frequency energy outside the assigned ized bandwidth: As specified by the fol- channel. Upon notice by the FCC to the lowing equation but in no event less station licensee that interference is than 11 dB. being caused, operation of the appa-

A=11+0.4 (P¥50)+10 log10 B ratus must be immediately suspended and may not be resumed until the in- where: terference has been eliminated or it

433

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.638 47 CFR Ch. I (10–1–99 Edition)

can be demonstrated that the inter- part the applicant must perform a fre- ference is not due to spurious emis- quency engineering analysis to ensure sions. However, short term test trans- that the proposed facilities will not missions may be made during the pe- cause interference to existing or pre- riod of suspended operation to deter- viously applied for stations in this mine the efficacy of remedial meas- band of a magnitude greater than that ures. specified below. (3) In each instance where suspension (2) The general criteria for deter- of operation is required, the licensee mining allowable adjacent or co-chan- must submit a full report to the FCC nel interference protection to be af- after operation is resumed. The report forded, regardless of system length or must contain details of the nature of type of modulation, multiplexing or the interference, the source of inter- frequency band, shall be such that the fering signals, and the remedial steps interfering signal shall not produce taken to eliminate the interference. more than 1.0 dB degradation of the (f) In the event a station’s emissions practical threshold of the protected re- outside its authorized channel cause ceiver. Degradation is determined by harmful interference, the Commission calculating the ratio in dB between the may require the licensee to take such desired carrier signal and undesired further steps as may be necessary to interfering signal (C/I ratio) appearing eliminate the interference. at the input to the receiver under in- (g) The maximum bandwidth which vestigation (the victim receiver). The will be authorized per frequency as- development of the C/I ratios from the signment is set out in the table which criteria for maximum allowable inter- follows. Regardless of the maximum ference level per exposure and the authorized bandwidth specified for methods used to perform path calcula- each frequency band, the Commission tions shall follow generally acceptable reserves the right to issue a license for good engineering practices. Procedures less than the maximum bandwidth if it as may be developed by the Electronics appears that less bandwidth would be Industries Association (EIA), the Insti- sufficient to support an applicant’s in- tute of Electrical and Electronics Engi- tended communications. neers, Inc. (IEEE), the American Na- Maximum au- tional Standards Institute (ANSI) or thorized any other recognized authority will be Frequency Band (MHz) bandwidth (MHz) acceptable to the FCC. (3) Where the development of the car- 1,990 to 2,110 ...... 18 rier to interference ratio (C/I) is not 6,425 to 6,525 ...... 25 6,875 to 7,125 ...... 25 covered by generally acceptable proce- 12,700 to 13,250 ...... 25 dures or where the applicant does not 17,700 to 19,700 ...... 80 wish to develop the carrier to inter- 31,000 to 31,300 ...... 25 or 50 38,600 to 40,000 ...... ference ratio, the applicant shall employ the following C/I protection ratios. [45 FR 78692, Nov. 26, 1980, as amended at 48 FR 50734, Nov. 3, 1983; 49 FR 7131, Feb. 27, (i) Co-channel interference: For both 1984; 49 FR 37778, Sept. 26, 1984; 50 FR 7342, sideband and carrier-beat, (applicable Feb. 22, 1985; 50 FR 34150, Aug. 23, 1985; 50 FR to all bands), the previously authorized 48600, Nov. 26, 1985; 52 FR 7142, Mar. 9, 1987; 58 system shall be afforded a carrier to FR 51251, Oct. 1, 1993] interfering signal protection ratio of at least 90 dB. § 74.638 Frequency coordination. (ii) Adjacent channel interference: (a) Channels in Band D are shared The existing or previously authorized with certain Private Operational Fixed system shall be afforded a carrier to Stations authorized under Part 94, interfering signal protection ratio of at § 94.93 after September 9, 1983. After least 56 dB. this date all Broadcast Auxiliary use of (b) Coordination of assignments in these bands is subject to coordination the 6425–6525 MHz and 17.7–19.7 GHz using the following procedure: bands will be in accordance with the (1) Before filing an application for procedure established in § 21.100(d) ex- new or modified facilities under this cept that the prior coordination process

434

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00434 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.641

for mobile (temporary fixed) assign- signal. Booster station antennas hav- ments may be completed orally and the ing narrower beamwidths and reduced period allowed for response to a coordi- sidelobe radiation may be required in nation notification may be less than 30 congested areas, or to resolve inter- days if the parties agree. ference problems. [49 FR 50734, Nov. 3, 1983, as amended at 52 (i) Stations must employ an antenna FR 7142, Mar. 9, 1987] that meets the performance standards for Category B. In areas subject to fre- § 74.641 Antenna systems. quency congestion, where proposed fa- (a) For fixed stations operating be- cilities would be precluded by contin- tween 1990 MHz and 31.3 GHz and aero- ued use of a Category B antenna, a Cat- nautical mobile stations operating be- egory A antenna must be employed. tween 31.0 GHz and 31.3 GHz, the fol- The Commission may require the use of lowing standards apply: a high performance antenna where in- (1) Fixed TV broadcast auxiliary sta- terference problems can be resolved by tions shall use directional antennas the use of such antennas. that meet the performance standards (ii) Licensees shall comply with the indicated in the following table. Upon antenna standards table shown in this adequate showing of need to serve a paragraph in the following manner: larger sector, or more than a single (A) With either the maximum sector, greater beamwidth or multiple beamwith to 3 dB points requirement antennas may be authorized. Appli- or with the minimum antenna gain re- cants shall request, and authorization quirement; and for stations in this service will specify, (B) With the minimum radiation sup- the polarization of each transmitted pression to angle requirement.

ANTENNA STANDARDS

Maximum Minimum radiation suppression to angle in de- beam- grees from centerline of main beam in decibels width to 3 dB Minimum Frequency (MHz) Category 1 antenna ° ° ° ° ° ° points gain (dbi) 5° to 10 15 20 30 100 140 (included ° to to to to to to angle in 10 15° 20° 30° 100° 140° 180° degrees)

1,990 to 2,110 ...... A 5.0 n/a 12 18 22 25 29 33 39 B 8.0 n/a 5 18 20 20 25 28 36 6,875 to 7,125 ...... A 1.5 n/a 26 29 32 34 38 41 49 B 2.0 n/a 21 25 29 32 35 39 45 12,700 to 13,250 ...... A 1.0 n/a 23 28 35 39 41 42 50 B 2.0 n/a 20 25 28 30 32 37 47 17,700 to 19,700 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 31,000 to 31,300 2 ...... n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a 1 If a licensee chooses to show compliance using maximum beamwith to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Mobile, except aeronautical mobile, stations need not comply with these standards. 3 The minimum front-to-back ratio shall be 38 dBi.

(2) New periscope antenna systems tected from interference which results will be authorized upon a certification from the use of antennas with poorer that the radiation, in a horizontal performance than identified in the plane, from an illuminating antenna table of this section. and reflector combination meets or ex- (4) [Reserved] ceeds the antenna standards of this (5) Pickup stations are not subject to section. This provision similarly ap- the performance standards herein stat- plies to passive repeaters employed to ed. The provisions of this paragraph redirect or repeat the signal from a are effective for all new applications station’s directional antenna system. accepted for filing after October 1, 1981. (3) The choice of receiving antennas is left to the discretion of the licensee. However, licensees will not be pro-

435

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00435 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.643 47 CFR Ch. I (10–1–99 Edition)

(b) Any fixed station licensed pursu- § 74.643 Interference to geostationary- ant to an application accepted for fil- satellites. ing prior to October 1, 1981, may con- These limitations are necessary to tinue to use its existing antenna sys- minimize the probability of harmful in- tem, subject to periodic renewal until terference to reception in the bands April 1, 1992, After April 1, 1992, all li- 6425–6525 MHz, 6875–7075 MHz and 12.7– censees are to use antenna systems in 12.75 GHz on board geostationary space conformance with the standards of this stations in the fixed-satellite service section. TV auxiliary broadcast sta- (Part 25). tions are considered to be located in an area subject to frequency congestion (a) 6425 to 6525 and 6875 to 7075 MHz. and must employ a Category A antenna No directional transmitting antenna when: utilized by a fixed station operating in these bands shall be aimed within 2 de- (1) A showing by an applicant of a grees of the geostationary-satellite new TV auxiliary broadcast station or orbit, taking into account atmospheric Cable Television Relay Service (CARS) station, which shares the 12.7–13.20 GHz refraction. However, exception may be band with TV auxiliary broadcast, indi- made in unusual circumstances upon a cates that use of a category B antenna showing that there is no reasonable al- limits a proposed project because of in- ternative to the transmission path pro- terference, and posed. If there is no evidence that such exception would cause possible harmful (2) That use of a category A antenna interference to an authorized satellite will remedy the interference thus al- lowing the project to be realized. system, said transmission path may be authorized on waiver basis where the (c) As an exception to the provisions maximum value of the equivalent of this section, the FCC may approve isotropically radiated power (EIRP) requests for use of periscope antenna does not exceed: systems where a persuasive showing is made that no frequency conflicts exist (1) +47 dBW for any antenna beam di- in the area of proposed use. Such ap- rected within 0.5 degrees of the sta- provals shall be conditioned to a stand- tionary satellite orbit or ard antenna as required in paragraph (2) +47 to +55 dBW, on a linear decibel (a) of this section when an applicant of scale (8 dB per degree) for any antenna a new TV auxiliary broadcast or Cable beam directed between 0.5 degrees and Television Relay station indicates that 1.5 degrees of the stationary orbit. the use of the existing antenna system (b) 12.7 to 12.75 GHz. No directional will cause interference and the use of a transmitting antenna utilized by a category A or B antenna will remedy fixed station operating in this band the interference. shall be aimed within 1.5 degrees of the (d) As a further exception to the pro- geostationary-satellite orbit, taking vision of paragraph (a) of this section, into account atmospheric refraction. the Commission may approve antenna However, exception may be made in un- systems not conforming to the tech- usual circumstances upon a showing nical standards where a persuasive that there is no reasonable alternative showing is made that: to the transmission path proposed. If (1) Indicates in detail why an an- there is no evidence that such excep- tenna system complying with the re- tion would cause possible harmful in- quirements of paragraph (a) of this sec- terference to an authorized satellite tion cannot be installed, and system, said transmission path may be (2) Includes a statement indicating authorized on waiver basis where the that frequency coordination as re- maximum value of the equivalent quired in § 74.604 (a) was accomplished. isotropically radiated power (EIRP) does not exceed +45 dBW for any an- [45 FR 78693, Nov. 26, 1980, as amended at 49 tenna beam directed within 1.5 degrees FR 7131, Feb. 27, 1984; 49 FR 37778, Sept. 26, of the stationary satellite orbit. 1984; 50 FR 7342, Feb. 22, 1985; 51 FR 19840, June 3, 1986; 52 FR 7143, Mar. 9, 1987; 55 FR (c) Methods for calculating the azi- 11587, Mar. 29, 1990; 56 FR 50663, Oct. 8, 1991; muths to be avoided may be found in: 62 FR 4922, Feb. 3, 1997] CCIR Report No. 393 (Green Books),

436

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00436 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.651

New Delhi, 1970; in ‘‘Radio-Relay An- § 74.651 Equipment changes. tenna Pointing for controlled Inter- (a) Commission authority, upon ap- ference With Geostationary-Satellites’’ propriate formal application (FCC by C. W. Lundgren and A. S. May, Bell Form 313) therefor, is required for any System Technical Journal, Vol. 48, No. 10, of the following equipment changes: pp. 3387–3422, December 1969; and in ‘‘Geostationary Orbit Avoidance Com- (1) Replacement of a specifically au- puter Program’’ by Richard G. Gould, thorized transmitter by a transmitter Common Carrier Bureau Report CC– that is not authorized for operation 7201, FCC, Washington, DC, 1972. This under this subpart pursuant to latter report is available through the § 74.655(c). National Technical Information Serv- (2) A change in the frequency of the ice, U.S. Department of Commerce, operating channel or the transmitter Springfield, VA 22151, in printed form output power. (PB–211 500) or source card deck (PB– (3) A change in the location of the TV 211 501). broadcast auxiliary station transmitter or transmitting antenna au- [52 FR 7143, Mar. 9, 1987] thorized for use at a fixed location except when the relocation of the trans- § 74.644 Minimum path lengths for mitter is within the same building. fixed links. (4) Any change in the overall height (a) The distance between end points of the antenna structure, except where of a fixed link must equal or exceed the notice to the Federal Aviation Admin- value set forth in the table below or istration is specifically not required the EIRP must be reduced in accord- under § 17.14(b) of this chapter. ance with the equation set forth below. (5) Any change in the direction of the main radiation lobe of the transmit- Frequency band (MHz) Minimum path length (km) ting antenna. below 1,850 ...... n/a (b) Other equipment changes not spe- 1,850Ð2,110 ...... 17 cifically referred to in paragraph (a) of 6,425Ð7,125 ...... 17 this section may be made at the discre- 12,200Ð13,250 ...... 5 above 17,700 ...... n/a tion of the licensee provided that the Federal Communications Commission, (b) For paths shorter than those spec- Broadcast Auxiliary Radio Services, ified in the Table, the EIRP shall not 1270 Fairfield Road, Gettysburg, Penn- exceed the value derived from the fol- sylvania 17325 is promptly notified in lowing equation. writing upon the completion of such changes, and that the changes are de- EIRP=30—20 log [A/B], dBW scribed in the notification. where: (c) Multiplexing equipment may be EIRP=equivalent isotropic radiated power in installed on any licensed TV broadcast dBW. STL, TV relay or translator relay sta- A=Minimum path length from the Table for tion without authority from the Com- the frequency band in kilometers. mission. B=The actual path length in kilometers. (d) Any application proposing a (c) Upon an appropriate technical change in the height of the antenna or showing, applicants and licensees units location must also include the An- able to meet the minimum path length tenna Structure Registration Number requirement may be granted an excep- (FCC Form 854R) of the antenna struction to these requirements. ture upon which it will locate its proposed antenna. In the event the an- NOTE: Links authorized prior to April 1, tenna structure does not have a Reg- 1987, are excluded from this requirement, ex- istration Number, either the antenna cept that, effective April 1, 1992, the Commis- sion will require compliance with the cri- structure owner shall file FCC Form teria where an existing link would otherwise 854 (‘‘Application for Antenna Struc- preclude establishment of a new link. ture Registration’’) in accordance with part 17 of this chapter or the applicant [52 FR 7143, Mar. 9, 1987] shall provide a detailed explanation

437

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.655 47 CFR Ch. I (10–1–99 Edition)

why registration and clearance are not Commission’s technical rules gov- necessary. erning this service, and also provided that any changes made to authorized [28 FR 13718, Dec. 14, 1963, as amended at 38 FR 6827, Mar. 13, 1973; 47 FR 54448, Dec. 3, transmitting equipment is in compli- 1982; 47 FR 55938, Dec. 14, 1982; 49 FR 7131, ance with the provisions of part 2 of Feb. 27, 1984; 58 FR 19776, Apr. 16, 1993; 61 FR the FCC rules concerning modifica- 4368, Feb. 6, 1996; 63 FR 36605, July 7, 1998] tions to authorized equipment. (d) Any manufacturer of a trans- § 74.655 Authorization of equipment. mitter to be used in this service may (a) Except as provided in paragraph authorize the equipment under the cer- (b) of this section, all transmitting tification or verification procedure, as equipment first marketed for use under appropriate, following the procedures this subpart or placed into service after set forth in subpart J of part 2 of the October 1, 1981, must be authorized FCC rules. under the certification or verification (e) An applicant for a TV broadcast procedure, as detailed in paragraph (f) auxiliary station may also authorize of this section. Equipment which is an individual transmitter, as specified used at a station licensed prior to Oc- in paragraph (f) of this section, by fol- tober 1, 1985, which has not been au- lowing the procedures set forth in sub- thorized as detailed in paragraph (f) of part J of part 2 of the FCC rules and this section, may continue to be used regulations. by the licensee or its successors or as- (f) Transmitters designed to be used signees, provided that if operation of exclusively for a TV STL station, a TV such equipment causes harmful inter- intercity relay station, a TV translator ference due to its failure to comply relay station, or a TV microwave with the technical standards set forth booster station, shall be authorized in this subpart, the FCC may, at its under verification. All other transmit- discretion, require the licensee to take ters will be authorized under the cer- such corrective action as is necessary tification procedure. to eliminate the interference. However, [63 FR 36605, July 7, 1998] such equipment may not be further marketed or reused under part 74 after § 74.661 Frequency tolerance. October 1, 1985. Transmitters designed Stations in this service shall main- for use in the 31.0 to 31.3 GHz band tain the carrier frequency of each au- shall be authorized under the thorized transmitter to within the fol- verification procedure. lowing percentage of the assigned fre- (b) Certification or verification is not quency. required for transmitters used in con- Frequency Toler- junction with TV pickup stations oper- ance ating with a peak output power not Frequency band (MHz) Fixed Mobile greater than 250 mW. Pickup stations (%) (%) operating in excess of 250 mW licensed pursuant to applications accepted for 1,990 to 2,110 ...... 2 0.005 0.005 6,425 to 6,525 ...... 0.005 filing prior to October 1, 1980 may con- 6,875 to 7,125 ...... 2 0.005 0.005 tinue operation subject to periodic re- 12,700 to 13,250 ...... 2 0.005 0.005 newal. If operation of such equipment 17,700 to 18,820 ...... 0.003 ...... 18,920 to 19,700 ...... 0.003 ...... causes harmful interference the FCC 31,000 to 31,300 ...... 0.03 0.03 may, at its discretion, require the li- 38,600 to 40,000 ...... 1 0.005 1 0.005 censee to take such corrective action 1 For transmitters with an output power of 50 mW or less, as is necessary to eliminate the inter- the frequency tolerance need only be 0.05% 2 Television translator relay stations shall maintain a fre- ference. quency tolerance of 0.002%. (c) The license of a TV auxiliary station may replace transmitting equip- [52 FR 7143, Mar. 9, 1987] ment with authorized equipment, as detailed under paragraph (f) of this sec- § 74.662 Frequency monitors and tion, without prior FCC approval, pro- measurements. vided the proposed changes will not de- The licensee of a television broadcast part from any of the terms of the sta- auxiliary station must provide means tion or system authorization or the for measuring the operating frequency

438

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00438 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.701

in order to ensure that the emissions terrupt a single consecutive speech, are confined to the authorized channel. play, religious service, symphony concert, or any type of production. In such [48 FR 38482, Aug. 24, 1983] cases, the identification transmission § 74.663 Modulation limits. shall be made at the first interruption of the entertainment continuity and at If amplitude modulation is employed, the conclusion thereof. negative modulation peaks shall not (c) During occasions when a tele- exceed 100%. vision pickup station is being used to [45 FR 78694, Nov. 26, 1980] deliver program material for network distribution it may transmit the net- § 74.664 Posting of station license. work identification in lieu of its own or (a) The station license and any other associated TV station call sign during instrument of authorization or indi- the actual program pickup. However, if vidual order concerning the construc- it is providing the network feed tion of the equipment or manner of op- through its own associated TV broad- eration of the station shall be posted in cast station it shall perform the sta- the room in which the transmitter is tion identification required by para- located. graph (a) of this section at the begin- (b) Posting of the station license and ning and end of each period of oper- any other instruments of authorization ation. shall be done by affixing the license to (d) A period of operation is defined as the wall at the posting location, or by a single uninterrupted transmission or enclosing it in a binder or folder which a series of intermittent transmissions is retained at the posting location so from a single location or continuous or that the document will be readily intermittent transmission from a tele- available and easily accessible. vision pickup station covering a single event from various locations, within a [28 FR 13718, Dec. 14, 1963, as amended at 48 single broadcast day. FR 24385, June 1, 1983; 49 FR 29070, July 18, 1984; 50 FR 40015, Oct. 1, 1985] (e) Regardless of the method used for station identification it shall be per- § 74.682 Station identification. formed in a manner conducive to prompt association of the signal source (a) Each television broadcast auxil- with the responsible licensee. In exer- iary station operating with a trans- cising the discretion provided by this mitter output power of 1 watt or more rule, licensees are expected to act in a must, when actually transmitting pro- responsible manner to assure that re- grams, transmit station identification sult. at the beginning and end of each period (f) TV microwave boosters stations of operation, and hourly, as close to will be assigned individual call signs. the hour as feasible, at a natural break However, station identification will be in program offerings by one of the fol- accomplished by the retransmission of lowing means: identification as provided in paragraph (1) Transmission of its own call sign (a) of this section. by visual or aural means or by automatic transmission in international [31 FR 15488, Dec. 8, 1966; 32 FR 452, Jan. 17, Morse telegraphy. 1967, as amended at 42 FR 36830, July 18, 1977; (2) Visual or aural transmission of 43 FR 1951, Jan. 13, 1978; 44 FR 36041, June 20, the call sign of the TV broadcast sta- 1979; 49 FR 7131, Feb. 27, 1984] tion with which it is licensed as an auxiliary. Subpart G—Low Power TV, TV (3) Visual or aural transmission of Translator, and TV Booster Stations the call sign of the TV broadcast station whose signals are being relayed or, § 74.701 Definitions. where programs are obtained directly (a) Television broadcast translator sta- from network lines and relayed, the tion. A station in the broadcast service network identification. operated for the purpose of retransmit- (b) Identification transmissions dur- ting the programs and signals of a tele- ing operation need not be made when vision broadcast station, without sig- to make such transmission would in- nificantly altering any characteristic

439

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00439 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.702 47 CFR Ch. I (10–1–99 Edition)

of the original signal other than its fre- microwave feeds or low power TV sta- quency and amplitude, for the purpose tions. of providing television reception to the (i) Television broadcast booster station. general public. A station in the broadcast service oper- (b) Primary station. The analog tele- ated by the licensee or permittee of a vision broadcast station (TV broadcast) full service television broadcast sta- or digital television station (DTV) tion for the purpose of retransmitting which provides the programs and sig- the programs and signals of such pri- nals being retransmitted by a tele- mary station without significantly al- vision broadcast translator station. tering any characteristic of the origi- (c) VHF translator. A television nal signal other than its amplitude. A broacast translator station operating television broadcast booster station on a VHF television broadcast channel. may only be located such that its en- (d) UHF translator. A television tire service area is located within the broadcast translator station operating protected contour of the primary sta- on a UHF television broadcast channel. tion it retransmits. For purposes of (e) UHF translator signal booster. A this paragraph, the service area of the station in the broadcasting service op- booster and the protected contour of erated for the sole purpose of re- the primary station will be determined transmitting the signals of the UHF by the methods prescribed in § 74.705(c). translator station by amplifying and reradiating such signals which have [28 FR 13722, Dec. 14, 1963, as amended at 43 been received directly through space, FR 1951, Jan. 13, 1978; 47 FR 21497, May 18, without significantly altering any 1982; 48 FR 21486, May 12, 1983; 52 FR 7422, characteristic of the incoming signal Mar. 11, 1987; 52 FR 31403, Aug. 20, 1987; 62 FR 26720, May 14, 1997] other than its amplitude. (f) Low power TV station. A station § 74.702 Channel assignments. authorized under the provisions of this subpart that may retransmit the pro- (a) An applicant for a new low power grams and signals of a TV broadcast TV or TV translator station or for station and that may originate pro- changes in the facilities of an author- gramming in any amount greater than ized station shall endeavor to select a 30 seconds per hour and/or operates a channel on which its operation is not subscription service. (See § 73.641 of likely to cause interference. The appli- part 73 of this chapter.) cations must be specific with regard to (g) Program origination. For purposes the channel requested. Only one chan- of this part, program origination shall nel will be assigned to each station. be any transmissions other than the si- (1) Any one of the 12 standard VHF multaneous retransmission of the pro- Channels (2 to 13 inclusive) may be as- grams and signals of a TV broadcast signed to a VHF low power TV or TV station. Origination shall include lo- translator station. Channels 5 and 6 as- cally generated television program sig- signed in Alaska shall not cause harm- nals and program signals obtained via ful interference to and must accept in- video recordings (tapes and discs), terference from non-Government fixed microwave, common carrier circuits, operation authorized prior to January or other sources. 1, 1982. (h) Local origination. Program origi- (2) Any one of the UHF Channels nation if the parameters of the pro- from 14 to 69, inclusive, may be as- gram source signal, as it reaches the signed to a UHF low power TV or TV transmitter site, are under the control translator station. In accordance with of the low power TV station licensee. § 73.603(c) of part 73, Channel 37 will not Transmission of TV program signals be assigned to such stations. generated at the transmitter site con- (3) Application for new low power TV stitutes local origination. Local origi- or TV translator stations or for nation also includes transmission of changes in existing stations, specifying programs reaching the transmitter site operation above 806 MHz will not be ac- via TV STL stations, but does not in- cepted for filing. License renewals for clude transmission of signals obtained existing TV translator stations oper- from either terrestrial or satellite ating on channels 70 (806–812 MHz)

440

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.703

through 83 (884–890 MHz) will be grant- through the Internet on the FCC Home ed only on a secondary basis to land Page at http://www.fcc.gov. mobile radio operations. (b) It shall be the responsibility of (b) Changes in the TV Table of Allot- the licensee of a low power TV, TV ments or Digital Television Table of translator, or TV booster station to Allotments (§§ 73.606(b) and 73.622(a), re- correct at its expense any condition of spectively, of part 73 of this chapter), interference to the direct reception of authorizations to construct new TV the signal of any other TV broadcast broadcast analog or DTV stations or to analog station and DTV station oper- authorizations to change facilities of existing such stations, may be made ating on the same channel as that used without regard to existing or proposed by the low power TV, TV translator, or low power TV or TV translator sta- TV booster station or an adjacent tions. Where such a change results in a channel which occurs as a result of the low power TV or TV translator station operation of the low power TV, TV causing actual interference to recep- translator, or TV booster station. In- tion of the TV broadcast analog or terference will be considered to occur DTV station, the licensee or permittee whenever reception of a regularly used of the low power TV or TV translator signal is impaired by the signals radi- station shall eliminate the interference ated by the low power TV, TV trans- or file an application for a change in lator, or TV booster station, regardless channel assignment pursuant to of the quality of the reception or the § 73.3572 of this chapter. strength of the signal so used. If the in- (c) A television broadcast booster terference cannot be promptly elimi- station will be authorized on the chan- nated by the application of suitable nel assigned to its primary station. techniques, operation of the offending [47 FR 21497, May 18, 1982, as amended at 47 low power TV, TV translator, or TV FR 30068, July 12, 1982; 47 FR 35590, Aug. 18, booster station shall be suspended and 1982; 52 FR 7423, Mar. 11, 1987; 52 FR 31403, shall not be resumed until the inter- Aug. 20, 1987; 62 FR 26721, May 14, 1997] ference has been eliminated. If the § 74.703 Interference. complainant refuses to permit the low Power TV, TV translator, or TV boost- (a) An application for a new low er station to apply remedial techniques power TV, TV translator, or TV boost- that demonstrably will eliminate the er station or for a change in the facili- interference without impairment of the ties of such an authorized station will original reception, the licensee of the not be granted when it is apparent that interference will be caused. Except low power TV, TV translator, or TV where there is a written agreement be- booster station is absolved of further tween the affected parties to accept in- responsibility. TV booster stations will terference, or where it can be shown be exempt from the provisions of this that interference will not occur due to paragraph to the extent that they may terrain shielding and/or Longley-Rice cause limited interference to their pri- terrain dependent propagation meth- mary stations’ signal subject to the ods, the licensee of a new low power conditions of paragraph (g) of this sec- TV, TV translator, or TV booster shall tion. protect existing low power TV and TV (c) It shall be the responsibility of translator stations from interference the licensee of a low power TV, TV within the protected contour defined in translator, or TV booster station to § 74.707. Such written agreement shall correct any condition of interference accompany the application. Guidance which results from the radiation of on using the Longley-Rice method- radio frequency energy outside its as- ology is provided in OET Bulletin No. signed channel. Upon notice by the 69. Copies of OET Bulletin No. 69 may be FCC to the station licensee or operator inspected during normal business hours that such interference is caused by spu- at the: Federal Communications Com- rious emissions of the station, oper- mission, 1919 M St., N.W., Dockets ation of the station shall be imme- Branch (Room 239), Washington, DC diately suspended and not resumed 20554. This document is also available

441

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00441 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.705 47 CFR Ch. I (10–1–99 Edition)

until the interference has been elimi- maximum radiated power (without de- nated. However, short test trans- pression angle correction), the hori- missions may be made during the pe- zontal radiation pattern, height above riod of suspended operation to check average terrain in the pertinent direc- the efficacy of remedial measures. tion, and the appropriate chart from (d) When a low power TV or TV § 73.699. translator station causes interference (b)(1) An application to construct a to a CATV system by radiations within new low power TV or TV translator its assigned channel at the cable station or change the facilities of an headend or on the output channel of existing station will not be accepted if any system converter located at a re- it specifies a site which is within the ceiver, the earlier user, whether cable protected contour of a co-channel or system or low power TV or TV trans- first adjacent channel TV broadast sta- lator station, will be given priority on tion. the channel, and the later user will be (2) Due to the frequency spacing responsible for correction of the inter- which exists between TV Channels 4 ference. When a low power TV or TV and 5, between Channels 6 and 7, and translator station causes interference between Channels 13 and 14, adjacent to an MDS of ITFS system by radi- channel protection standards shall not ations within its assigned channel on be applicable to these pairs of chan- the output channel of any system con- nels. (See § 73.603(a) of part 73 of this verter located at a receiver, the earlier chapter.) user, whether MDS system or low (3) A UHF low power TV or TV trans- power TV or TV translator station, will lator construction permit application be given priority on the channel, and will not be accepted if it specifies a site the later user will be responsible for within the UHF TV broadcast station’s correction of the interference. protected contour and proposes oper- (e) Low power TV and TV translator ation on a channel either 14 or 15 chan- stations are being authorized on a sec- nels above the channel in use by the ondary basis to existing land mobile TV broadcast station. uses and must correct whatever inter- (4) A UHF low power TV or TV trans- ference they cause to land mobile sta- lator construction permit application tions or cease operation. will not be accepted if it specifies a site (f) In each instance where suspension less than 100 kilometers from the of operation is required, the licensee transmitter site of a UHF TV broad- shall submit a full report to the FCC in cast analog station operating on a Washington, DC, after operation is re- channel which is the seventh channel sumed, containing details of the nature above the requested channel, unless it of the interference, the source of the can demonstrate that the service area interfering signals, and the remedial of the low power TV or TV translator steps taken to eliminate the inter- station as established in § 74.707(a) is ference. not located in an area where the TV (g) A TV booster station may not dis- broadcast analog station is regularly rupt the existing service of its primary viewed. station nor may it cause interference (5) An application for a new UHF low to the signal provided by the primary power TV or TV translator construc- station within the principal commu- tion permit, a change of channel, or a nity to be served. major change in facilities pursuant to [47 FR 21497, May 18, 1982, as amended at 48 § 73.3572 of this chapter proposing a FR 21487, May 12, 1983; 52 FR 31403, Aug. 20, maximum effective radiated power of 1987; 53 FR 4169, Feb. 12, 1988; 60 FR 55483, more than 50 kilowatts will not be ac- Nov. 1, 1995; 62 FR 26721, May 14, 1997] cepted if it specifies a site less than 32 kilometers from the transmitter site of § 74.705 TV broadcast analog station a UHF TV broadcast analog station op- protection. erating on a channel which is the sec- (a) The TV broadcast station pro- ond, third, or fourth channel above or tected contour will be its Grade B con- below the requested channel. tour signal level as defined in § 73.683 (c) The low power TV, TV translator, and calculated from the authorized or TV booster station field strength is

442

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.706

calculated from the proposed effective channelthat is fifteen channels below radiated power (ERP) and the antenna the requested channel. height above average terrain (HAAT) (e) In support of a request for waiver in pertinent directions. of the interference protection rules, an (1) For co-channel protection, the applicant for a low power TV, TV field strength is calculated using Fig- translator or TV booster may make ure 9a, 10a, or 10c of § 73.699 (F(50,10) full use of terrain shielding and charts) of Part 73 of this chapter. Longley-Rice terrain dependent propa- (2) For low power TV, TV translator, gation prediction methods to dem- and TV boosters that do not specify the onstrate that the proposed facility same channel as the TV broadcast sta- would not be likely to cause inter- tion to be protected, the field strength ference to TV broadcast stations. Guid- is calculated using Figure 9, 10, or 10b ance on using the Longley-Rice meth- of § 73.699 (F(50,50) charts) of Part 73 of odology is provided in OET Bulletin No. this chapter. 69. Copies of OET Bulletin No. 69 may be (d) A low power TV, TV translator, or inspected during normal business hours TV booster station application will not at the: Federal Communications Com- be accepted if the ratio in dB of its mission, 1919 M St., NW., Dockets field strength to that of the TV broad- Branch (Room 239), Washington, DC cast station at the protected contour 20554. This document is also available fails to meet the following: through the Internet on the FCC Home Page at http://www.fcc.gov. (1) ¥45 dB for co-channel operations without offset carrier frequency oper- [47 FR 21497, May 18, 1982, as amended at 48 ation or ¥28 dB for offset carrier fre- FR 21487, May 12, 1983; 52 FR 31403, Aug. 20, quency operation. An application re- 1987; 62 FR 26721, May 14, 1997] questing offset carrier frequency oper- § 74.706 Digital TV (DTV) station pro- ation must include the following: tection. (i) A requested offset designation (zero, plus, or minus) identifying the (a) For purposes of this section, the proposed direction of the 10 kHz offset DTV station protected service area is from the standard carrier frequencies the geographic-area in which the field of the requested channel. If the offset strength of the station’s signal exceeds designation is not different from that the noise-limited service levels speci- of the station being protected, the ¥45 fied in § 73.622(e) of this chapter. The dB ratio must be used. extremity of this area (noise-limited perimeter) is calculated from the au- (ii) A description of the means by thorized maximum radiated power which the low power TV, TV trans- (without depression angle correction), lator, or TV booster station will be the horizontal radiation pattern, and maintained within the tolerances spec- height above average terrain in the ified in § 74.761 for offset operation. pertinent direction, using the signal (2) 6 dB when the protected TV broad- propagation method specified in cast station operates on a VHF channel § 73.625(b) of this chapter. that is one channel above the requested (b)(1) An application to construct a channel. new low power TV or TV translator (3) 12 dB when the protected TV station or change the facilities of an broadcast station operates on a VHF existing station will not be accepted if channel that is one channel below the it specifies a site which is located with- requested channel. in the noise-limited service perimeter (4) 15 dB when the protected TV of a co-channel DTV station. broadcast station operates on a UHF (2) Due to the frequency spacing channel that is one channel above or which exists between TV channels 4 below the requested channel. and 5, between Channels 6 and 7, and (5) 23 dB when the protected TV between Channels 13 and 14, adjacent broadcast station operates on a UHF channel protection standards shall not channel that is fourteen channels be applicable to these pairs of chan- below the requested channel. nels. (6) 6 dB when the protected TV broad- (c) The low power TV, TV translator cast station operates a UHF or TV booster station field strength is

443

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.707 47 CFR Ch. I (10–1–99 Edition)

calculated from the proposed effective DTV noise-limited perimeter, as dem- radiated power (ERP) and the antenna onstrated by the applicant. height above average terrain (HAAT) [62 FR 26721, May 14, 1997, as amended at 63 in pertinent directions. FR 13563, Mar. 20, 1998; 64 FR 4327, Jan. 28, (1) For co-channel protection, the 1999] field strength is calculated using Fig- ure 9a, 10a, or 10c of § 73.699 (F(50,10) § 74.707 Low power TV and TV trans- charts) of part 73 of this chapter. lator station protection. (2) For adjacent channel protection, (a)(1) A low power TV or TV trans- the field strength is calculated using lator will be protected from inter- Figure 9, 10, or 10b of § 73.699 (F(50,50) ference from other low power TV or TV charts) of part 73 of this chapter. translator stations, or TV booster sta- (d) A low power TV, TV translator or tions within the following predicted TV booster station application will not contours: be accepted if the ratio in dB of its (i) 62 dBu for stations on Channels 2 field strength to that of the DTV sta- through 6; tion (L/D ratio) fails to meet the fol- (ii) 68 dBu for stations on Channels 7 through 13; and lowing: (iii) 74 dBu for stations on Channels (1) ¥2 dB or less for co-channel oper- 14 through 69. ations. This maximum L/D ratio for co- channel interference to DTV service is Existing licensees and permittees that only valid at locations where the sig- did not furnish sufficient data required nal-to-noise (S/N) ratio is 25 dB or to calculate the above contours by April 15, 1983 are assigned protected greater. At the edge of the noise-lim- contours having the following radii: ited service area, where the S/N ratio is 16 dB, the maximum L/D ratio for co- Up to 0.001 kW VHF/UHF—1 mile (1.6 km) channel interference from analog low from transmitter site power TV, TV translator or TV booster Up to 0.01 kW VHF; up to 0.1 k/W UHF—2 ¥ miles (3.2 km) from transmitter site service into DTV service is 21 dB. At Up to 0.1 kW VHF; up to 1 kW UHF—4 miles locations where the S/N ratio is greater (6.4 km) from transmitter site than 16 dB but less than 25 dB, the maximum L/D field strength ratios are New applicants must submit the re- found from the following Table (for quired information; they cannot rely values between measured values, linear on this table. interpolation can be used): (2) The low power TV or TV translator station protected contour is cal- DTV-to-low culated from the authorized effective Signal-to-noise ratio(dB) power ratio (dB) radiated power and antenna height above average terrain, using Figure 9, 16.00 ...... 21.00 10, or 10b of § 73.699 (F(50,50) charts) of 16.35 ...... 19.94 Part 73 of this chapter. 17.35 ...... 17.69 (b)(1) An application to construct a 18.35 ...... 16.44 19.35 ...... 7.19 new low power TV, TV translator, or 20.35 ...... 4.69 TV booster station or change the facili- 21.35 ...... 3.69 ties of an existing station will not be 22.35 ...... 2.94 accepted if it specifies a site which is 23.35 ...... 2.44 within the protected contour of a co- 25.00 ...... 2.00 channel or first adjacent channel low power TV, TV translator, or TV boost- (2) + 48 dB for adjacent channel oper- er station, except that a TV booster ations at: station may be located within the pro- (i) The DTV noise-limited perimeter tected contour of its co-channel pri- if a low power TV, TV translator or TV mary station. booster station is located outside that (2) Due to the frequency spacing perimeter. which exists between TV Channels 4 (ii) At all points within the DTV and 5, between Channels 6 and 7, and noise-limited area if a low power TV or between Channels 13 and 14, adjacent TV translator is located within the channel protection standards shall not

444

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.709

be applicable to these pairs of chan- quencies will be maintained within the nels. (See § 73.603(a) of Part 73 of this tolerances specified in § 74.761 for offset chapter.) operation. (3) A UHF low power TV, TV trans- (2) 6 dB when the protected low power lator, or TV booster construction per- TV or TV translator station operates mit application will not be accepted if on a VHF channel that is one channel it specifies a site within the UHF low above the requested channel. power TV, TV translator, or TV boost- (3) 12 dB when the protected low er station’s protected contour and pro- power TV or TV translator station opposes operation on a channel that is 15 erates on a VHF channel that is one channels above the channel in use by channel below the requested channel. the low power TV, TV translator, or (4) 15 dB when the protected low TV booster station. (c) The low power TV, TV translator, power TV or TV translator station op- or TV booster construction permit ap- erates on a UHF channel that is one plication field strength is calculated channel above or below the requested from the proposed effective radiated channel. power (ERP) and the antenna above av- (5) 6 dB when the protected low power erage terrain (HAAT) in pertinent di- TV or TV translator station operates rections. on a UHF channel that is fifteen chan- (1) For co-channel protection, the nels below the requested channel. field strength is calculated using Fig- (e) In support of a request for waiver ure 9a, 10a, or 10c of § 73.699 (F(50,10) of the interference protection rules, an charts) of Part 73 of this chapter. applicant for a low power TV or TV (2) For low power TV, TV translator, translator station may make full use of or TV booster applications that do not terrain shielding and Longley-Rice ter- specify the same channel as the low rain dependent propagation prediction power TV, TV translator, or TV boost- methods to demonstrate that the pro- er station to be protected, the field posed facility would not be likely to strength is calculated using Figure 9, cause interference to low power TV, TV 10, or 10b of § 73.699 (F(50,50) charts) of translator and TV booster stations. Part 73 of this chapter. Guidance on using the Longley-Rice (d) A low power TV, TV translator, or methodology is provided in OET Bul- TV booster station application will not letin No. 69. Copies of OET Bulletin No. be accepted if the ratio in dB of its 69 may be inspected during normal field strength to that of the authorized business hours at the: Federal Commu- low power TV, TV translator, or TV nications Commission, 1919 M St., NW., booster station at its protected con- Dockets Branch (Room 239), Wash- tour fails to meet the following: ington, DC 20554. This document is also ¥ (1) 45 dB for co-channel operations available through the Internet on the without offset carrier frequency oper- FCC Home Page at http://www.fcc.gov. ation or ¥28 dB for offset carrier frequency operation. An application re- [47 FR 21498, May 18, 1982, as amended at 47 questing offset carrier frequency oper- FR 35990, Aug. 18, 1982; 48 FR 21487, May 12, ation must include the following: 1983; 52 FR 31403, Aug. 20, 1987; 62 FR 26722, (i) A requested offset designation May 14, 1997] (zero, plus, or minus) identifying the § 74.709 Land mobile station protec- proposed direction of the 10 kHz offset tion. from the standard carrier frequencies of the requested channel. If the offset (a) Stations in the Land Mobile designation is not different from that Radio Service, using the following of the station being protected, or if the channels in the indicated cities will be station being protected is not main- protected from interference caused by taining its frequencies within the tol- low power TV or TV translator sta- erance specified in § 74.761 for offset options, and low power TV and TV trans- eration, the ¥45 dB ratio must be used. lator stations must accept any inter- (ii) A description of the means by ference from stations in the land mo- which the low power TV, TV trans- bile service operating on the following lator, or TV booster station’s fre- channels:

445

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00445 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.709 47 CFR Ch. I (10–1–99 Edition)

Coordinates (c) A low power TV or TV translator City Chan- nels Latitude Longitude station application will not be accepted if it specifies a site that is within Boston, MA ...... 14, 16 42°21′24″ 071°03′24″ the protected contour of a co-channel Chicago, IL ...... 14, 15 41°52′28″ 087°38′22″ Cleveland, OH ...... 14, 15 41°29′51″ 081°41′50″ or first adjacent channel land mobile Dallas, TX ...... 16 32°47′09″ 096°47′37″ assignment. Detroit, MI ...... 15, 16 42°19′48″ 083°02′57″ (d) The low power TV or TV trans- Houston, TX ...... 17 29°45′26″ 095°21′37″ Los Angeles, CA ...... 14, 20 34°03′15″ 118°14′28″ lator station field strength is cal- Miami, FL ...... 14 25°46′37″ 080°11′32″ culated from the proposed effective ra- New York, NY ...... 14, 15 40°45′06″ 073°59′39″ diated power (ERP) and the antenna Philadelphia, PA ...... 19, 20 39°56′58″ 075°09′21″ Pittsburgh, PA ...... 14, 18 40°26′19″ 080°00′00″ height above average terrain (HAAT) San Francisco, CA ...... 16, 17 37°46′39″ 122°24′40″ in pertinent directions. Washington, DC ...... 17, 18 38°53′51″ 077°00′33″ (1) The field strength is calculated using Figure 10c of § 73.699 (F(50, 10) (b) The protected contours for the charts) of Part 73 of this chapter. land mobile radio service are 130 kilo- (2) A low power TV or TV translator meters from the above coordinates, except where limited by the following: station application will not be accept- (1) If the land mobile channel is the ed if it specifies the same channel as same as the channel in the following one of the land mobile assignments and list, the land mobile protected contour its field strength at the land mobile excludes the area within 145 kilometers protected contour exceeds 52 dBu. of the corresponding coordinates from (3) A low power TV or TV translator list below. Except if the land mobile station application will not be accept- channel is 15 in New York or Cleveland ed if it specifies a channel that is one or 16 in Detroit, the land mobile pro- channel above or below one of the land tected contour excludes the area with- mobile assignments and its field in 95 kilometers of the corresponding strength at the land mobile protected coordinates from the list below. contour exceeds 76 dBu. (2) If the land mobile channel is one (e) To protect stations in the Off- channel above or below the channel in shore Radio Service, a low power TV or the following list, the land mobile pro- TV translator station construction per- tected contour excludes the area with- mit application will not be accepted if in 95 kilometers of the corresponding it specifies operation on channels 15, coordinates from the list below. 16, 17 or 18 in the following areas. West Longitude and North Latitude are ab- Chan- Coordinates City breviated as W.L. and N.L. respec- nel Latitude Longitude tively. San Diego, CA ...... 15 32°41′48″ 116°56′10″ (1) On Channel 15: west of 92°00′ W.L.; Waterbury, CT ...... 20 41°31′02″ 073°01′00″ ° ′ Washington, DC ...... 14 38°57′17″ 077°00′17″ east of 98 30 W.L.; and south of a line Washington, DC ...... 20 38°57′49″ 077°06′18″ extending due west from 30°30′ N.L., Champaign, IL ...... 15 40°04′11″ 087°54′45″ 92°00′ W.L. to 30°30′ N.L., 96°00′ W.L.; Jacksonville, IL ...... 14 39°45′52″ 090°30′29″ ° ′ Ft. Wayne, IN ...... 15 41°05′35″ 085°10′42″ and then due southwest to 28 00 N.L., South Bend, IN ...... 16 41°36′20″ 086°12′44″ 98°30′ W.L. Salisbury, MD ...... 16 38°24′15″ 075°34′45″ (2) On Channel 16: west of 86°40′W.L.; Mt. Pleasant, MI ...... 14 43°34′24″ 084°46′21″ ° ′ Hanover, NH ...... 15 43°42′30″ 072°09′16″ east of 96 30 W.L.; and south of a line Canton, OH ...... 17 40°51′04″ 081°16′37″ extending due west from 31°00′N.L., Cleveland, OH ...... 19 41°21′19″ 081°44′24″ 86°40′W.L. to 31°00′N.L., 95°00′W.L. and Oxford, OH ...... 14 39°30′26″ 084°44′09″ ° ′ Zanesville, OH ...... 18 39°55′42″ 081°59′06″ then due southwest to 29 30 N.L., Elmira-Corning, NY ..... 18 42°06′20″ 076°52′17″ 96°30′W.L. Harrisburg, PA ...... 21 40°20′44″ 076°52′09″ (3) On Channel 17: west of 86°30′W.L.; Johnstown, PA ...... 19 40°19′47″ 078°53′45″ ° ′ Lancaster, PA ...... 15 40°15′45″ 076°27′49″ east of 96 00 W.L.; and south of a line Philadelphia, PA ...... 17 40°02′30″ 075°14′24″ extending due west from 31°00′N.L., Pittsburgh, PA ...... 16 40°26′46″ 079°57′51″ 86°30′W.L. to 31°30′N.L., 94°00′W.L. and Scranton, PA ...... 16 41°10′58″ 075°52′21″ ° ′ Parkersburg, WV ...... 15 39°20′50″ 081°33′56″ then due southwest to 29 30 N.L., Madison, WI ...... 15 43°03′01″ 089°29′15″ 96°00′W.L.

446

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00446 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.731

(4) On Channel 18: west of 87°00′W.L.; ception on conventional television east of 95°00′W.L.; and south of broadcast receivers. 31°00′N.L. (e) A television broadcast translator station shall not deliberately re- [47 FR 21499, May 18, 1982, as amended at 50 transmit the signals of any station FR 12027, Mar. 27, 1985; 50 FR 33942, Aug. 22, 1985] other than the station it is authorized by license to retransmit. Precautions § 74.731 Purpose and permissible serv- shall be taken to avoid unintentional ice. retransmission of such other signals. (f) A locally generated radio fre- (a) Television broadcast translator quency signal similar to that of a TV stations and television broadcast broadcast station and modulated with booster stations provide a means visual and aural information may be whereby the signals of television connected to the input terminals of a broadcast stations may be retrans- television broadcast translator or low mitted to areas in which direct recep- power station for the purposes of trans- tion of such television broadcast sta- mitting still photographs, slides and tions is unsatisfactory due to distance voice announcements. The radio fre- or intervening terrain barriers. quency signals shall be on the same (b) Except as provided in paragraph channel as the normally used off-the- (f) of this section, a television broad- air signal being rebroadcast. When cast translator station or television transmitting originations concerning broadcast booster station may be used financial support or public service an- only to receive the signals of a tele- nouncements, connection of the locally vision broadcast station, another tele- generated signals shall be made auto- vision broadcast translator station, a matically either by means of a time television translator relay station, a switch or upon receipt of a control sig- television intercity relay station, a tel- nal from the TV station being rebroad- evision STL station, or other suitable cast designed to actuate the switching source such as a CARS or common car- circuit. The switching circuit will be so rier microwave station, for the simul- designed that the input circuit will be taneous retransmission of the pro- returned to the off-the-air signal with- grams and signals of a television broad- in 30 seconds. The connection for emer- cast station. Such retransmissions may gency transmissions may be made be accomplished by either: manually. The apparatus used to gen- (1) Reception of the television pro- erate the local signal which is used to grams and signals of a television broad- modulate the translator or low power cast station directly through space, station must be capable of producing a conversion to a different channel by visual or aural signal or both which simple heterodyne frequency conver- will provide acceptable reception on sion and suitable amplification; or, television receivers designed for the (2) Modulation and amplification of a transmission standards employed by video and audio feed, in which case TV broadcast stations. The visual and modulating equipment meeting the re- aural materials so transmitted shall be quirements of § 74.750(d) shall be used. limited to emergency warnings of im- (c) The transmissions of each tele- minent danger, to local public service vision broadcast translator station announcements and to seeking or ac- shall be intended for direct reception knowledging financial support deemed by the general public and any other use necessary to the continued operation of shall be incidental thereto. A tele- the station. Accordingly, the origina- vision broadcast translator station tions concerning financial support and shall not be operated solely for the pur- PSAs are limited to 30 seconds each, no pose of relaying signals to one or more more than once per hour. Acknowl- fixed receiving points for retrans- edgements of financial support may in- mission, distribution, or further relay- clude identification of the contribu- ing. tors, the size and nature of the con- (d) The technical characteristics of tribution and advertising messages of the retransmitted signals shall not be contributors. Emergency transmissions deliberately altered so as to hinder re- shall be no longer or more frequent

447

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00447 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.732 47 CFR Ch. I (10–1–99 Edition)

than necessary to protect life and prop- permitted to establish a point-to-point erty. television relay system. (g) Low power TV stations may oper- [28 FR 13722, Dec. 14, 1963, as amended at 43 ate under the following modes of serv- FR 1951, Jan. 13, 1978; 47 FR 21499, May 18, ice: 1982; 47 FR 40172, Sept. 13, 1982; 48 FR 21487, (1) As a TV translator station, sub- May 12, 1983; 52 FR 31404, Aug. 20, 1987] ject to the requirements of this part; (2) For origination of programming § 74.732 Eligibility and licensing requirements. and commercial matter as defined in § 74.701(f); (a) A license for a low power TV or (3) For the transmission of subscrip- TV translator station may be issued to tion television broadcast (STV) pro- any qualified individual, organized grams, intended to be received in intel- group of individuals, broadcast station ligible form by members of the public licensee, or local civil governmental body. for a fee or charge subject to the provi- (b) More than one low power TV or sions of §§ 73.642(e) and 73.644. TV translator station may be licensed (h) A low power TV station may not to the same applicant whether or not be operated solely for the purpose of re- such stations serve substantially the laying signals to one or more fixed re- same area. Low power TV and TV ceiving points for retransmission, dis- translator stations are not counted for tribution or relaying. purposes of § 73.3555, concerning mul- (i) Low power TV stations are subject tiple ownership. to no minimum required hours of oper- (c) Only one channel will be assigned ation and may operate in any of the 3 to each low power TV or TV translator modes described in paragraph (g) of station. Additional low power or trans- this section for any number of hours. lator stations may be authorized to (j) Television broadcast booster sta- provide additional reception. A sepa- tions provide a means whereby the li- rate application is required for each censee of a television broadcast station station and each application must be may provide service to areas of low sig- complete in all respects. nal strength in any region within the (d) The FCC will not act on applica- primary station’s Grade B contour. The tions for new low power TV or TV booster station may not be located out- translator stations, for changes in fa- side the predicted Grade B of its pri- cilities of existing stations, or for mary station nor may the predicted changes in output channel tendered by Grade B signal of the television booster displaced stations pursuant to station extend beyond the predicted § 73.3572(a)(1), when such changes will Grade B contour of the primary sta- result in a major change until the applicable time for filing a petition to tion. A television broadcast booster deny has passed pursuant to § 73.3584(c). station is authorized to retransmit (e) A proposal to change the primary only the signals of its primary station; TV station being retransmitted or an it shall not retransmit the signals of application of a licensed translator sta- any other stations nor make inde- tion to include low power TV station pendent transmissions. However, lo- operation, i.e., program origination or cally generated signals may be used to subscription service will be subject excite the booster apparatus for the only to a notification requirement. purpose of conducting tests and meas- (f) Applications for transfer of owner- urements essential to the proper in- ship or control of a low power TV or stallation and maintenance of the ap- TV translator station will be subject to paratus. petitions to deny. (k) The transmissions of a television (g) A television broadcast booster broadcast booster station shall be in- station will be authorized only to the tended for direct reception by the gen- licensee or permittee of the television eral public. Such stations will not be station whose signals the booster will

448

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00448 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.733

rebroadcast, to areas within the Grade (e) The operation of a UHF translator B contour of the primary station. signal booster is subject to the condi- (h) No numerical limit is placed on tion that no harmful interference is the number of booster stations that caused to the reception of any station, may be licensed to a single licensee. A broadcast or non-broadcast, other than separate license is required for each the parent translator. The licensee of television broadcast booster station. the UHF translator signal booster is [47 FR 21499, May 18, 1982, as amended at 48 expected to use reasonable diligence to FR 21487, May 12, 1983; 49 FR 20504, May 15, minimize interference to the direct re- 1984; 52 FR 7423, Mar. 11, 1987; 52 FR 10571, ception of the parent translator sta- Apr. 2, 1987; 52 FR 31404, Aug. 20, 1987] tion. § 74.733 UHF translator signal boost- (f) UHF translator signal boosters ers. may be operated unattended. Repairs (a) The licensee of a UHF television and adjustments shall be made by a broadcast translator station may be qualified person. The required quali- authorized to operate one or more sig- fications are set forth in § 74.750 (g) and nal boosters for the purpose of pro- (h). viding reception to small shadowed (g) An individual call sign will not be areas within the area intended to be assigned to a UHF translator booster served by the translator. station. The retransmission of the call (b) The transmitting apparatus shall sign of the parent translator will serve consist of a simple linear radio fre- as station identification. quency amplifier, with one or more (h) Applications for authority to con- amplifying stages, which is capable of struct and operate a UHF translator receiving, amplifying, and retransmit- signal booster shall be submitted on ting the signals of the parent trans- FCC Form 346A. No construction of fa- lator without significantly altering cilities or installation of apparatus at any electrical characteristic of the re- the proposed transmitter site shall be ceived signal other than its amplitude. made until a construction permit The maximum power input to the plate therefor has been issued by the Com- of the final radio frequency amplifier mission. shall not exceed 5 watts. (i) The provisions of § 74.765 con- (c) The amplifier shall be equipped with suitable circuits which will auto- cerning posting of station license shall matically cause it to cease radiating if apply to a UHF translator signal boost- no signal is being received from the er except that the parent UHF transparent translator station. Care shall be lator call sign, followed by the word taken in the design of the apparatus to ‘‘Booster’’, shall be displayed at the insure that out-of-band radiation is not signal booster site. excessive and that adequate isolation (j) The provisions of §§ 74.767 and is maintained between the input and 74.781 concerning marking and lighting output circuits to prevent unstable op- of antenna structures and station eration. records, respectively, apply to UHF (d) The installation of the apparatus translator signal boosters. and its associated receiving and transmitting antennas shall be in accord- NOTE: Effective July 11, 1975, no new UHF ance with accepted principles of good signal boosters will be authorized. Licensees of such existing boosters may make applica- engineering practice. Either hori- tion for renewal of license or change in fa- zontal, vertical, or circular polariza- cilities on the applicable FCC forms for Tele- tion of the electric field of the radiated vision Broadcast Translator Stations (Form signal may be employed. If the isola- 346, for construction permits; 347, for license tion between the input and output cir- to cover construction permit; and 303-S, for cuits depends in part upon the polariza- renewal of license). Report and Order, Dock- tion or directive properties of the et No. 20372. May 28, 1975. transmitting and receiving antennas, the installation shall be sufficiently [28 FR 13722, Dec. 14, 1963, as amended at 40 rugged to withstand the normal haz- FR 25022, June 12, 1975; 59 FR 63052, Dec. 7, ards of the environment. 1994]

449

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.734 47 CFR Ch. I (10–1–99 Edition)

§ 74.734 Attended and unattended op- § 74.735 Power limitations. eration. (a) The maximum peak effective radi- (a) Low power TV, TV translator, and ated power (ERP) of an analog low TV booster stations may be operated power TV, TV translator, or TV boost- without a designated person in attend- er station shall not exceed: ance if the following requirements are (1) 3 kW for VHF channels 2–13; and met: (2) 150 kW for UHF channels 14–69. (1) If the transmitter site cannot be (b) The maximum ERP of a digital promptly reached at all hours and in low power TV, TV translator, or TV all seasons, means shall be provided so booster station (average power) shall that the transmitting apparatus can be not exceed: turned on and off at will from a point (1) 300 watts for VHF channels 2–13; that readily is accessible at all hours and and in all seasons. (2) 15 kW for UHF channels 14–69. (2) The transmitter also shall be (c) The limits in paragraphs (a) and equipped with suitable automatic cir- (b) apply separately to the effective ra- cuits that will place it in a nonradi- diated powers that may be obtained by ating condition in the absence of a sig- the use of horizontally or vertically po- nal on the input channel or circuit. larized transmitting antennas, pro- (3) The transmitting and the ON/OFF viding the applicable provisions of control, if at a location other than the §§ 74.705, 74.706, 74.707 and 74.709 are transmitter site, shall be adequately met. For either omnidirectional or di- protected against tampering by unau- rectional antennas, where the ERP values of the vertically and horizontally thorized persons. polarized components are not of equal (4) A letter notification must be filed strength, the ERP limits shall apply to with the FCC in Washington, DC, At- the polarization with the larger ERP. tention: Video Services Division, Mass Applications proposing the use of direc- Media Bureau, providing the name, ad- tional antenna systems must be accom- dress, and telephone number of a per- panied by the following: son or persons who may be called to se- (1) Complete description of the procure suspension of operation of the posed antenna system, including the transmitter promptly should such ac- manufacturer and model number of the tion be deemed necessary by the FCC. proposed directional antenna. It is not Such information shall be kept current acceptable to label the antenna with by the licensee. only a generic term such as ‘‘Yagi’’ or (5) In cases where the antenna and ‘‘Dipole’’. A specific model number supporting structure are considered to must be provided. In the case of indi- be a hazard to air navigation and are vidually designed antennas with no required to be painted and lighted model number, or in the case of a com- under the provisions of part 17 of the posite antenna composed of two or Rules, the licensee shall make suitable more individual antennas, the antenna arrangements for the daily observa- should be described as a ‘‘custom’’ or tions, when required, and lighting ‘‘composite’’ antenna, as appropriate. equipment inspections required by A full description of the design of the §§ 17.37 and 17.38 of the FCC rules. antenna should also be submitted. (b) An application for authority to (2) Relative field horizontal plane construct a new low power TV station pattern (horizontal polarization only) (when rebroadcasting the programs of of the proposed directional antenna. A another station) or TV translator sta- value of 1.0 should be used for the max- tion or to make changes in the facili- imum radiation. The plot of the pat- ties of an authorized station, and that tern should be oriented so that 0° cor- proposes unattended operation, shall responds to the maximum radiation of include an adequate showing as to the the directional antenna or, alter- manner of compliance with this sec- natively in the case of a symmetrical tion. pattern, to the line of symmetry. The [47 FR 21500, May 18, 1982, as amended at 48 0° on the plot should be referenced to FR 21487, May 12, 1983; 60 FR 55483, Nov. 1, the actual azimuth with respect to true 1995; 63 FR 33878, June 22, 1998] North.

450

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.737

(3) A tabulation of the relative field spectively, of the assigned channel pattern required in paragraph (c)(2), of shall be attenuated no less than: this section. The tabulation should use (1) 30 dB for transmitters rated at no the same zero degree reference as the more than 1 watt power output. plotted pattern, and be tabulated at (2) 50 dB for transmitters rated at least every 10°. In addition, tabulated more than 1 watt power output. values of all maximas and minimas, (3) 60 dB for transmitters rated at with their corresponding azimuths, more than 100 watts power output. should be submitted. (d) Greater attenuation than that (4) All horizontal plane patterns specified in paragraph (c) of this sec- must be plotted to the largest scale tion may be required if interference re- possible on unglazed letter-size polar sults from emissions outside the as- coordinate paper (main engraving ap- signed channel. proximately 18 cm x 25 cm (7 inches x 10 inches)) using only scale divisions [28 FR 13722, Dec. 14, 1963, as amended at 33 and subdivisions of 1, 2, 2.5 or 5 times FR 8677, June 13, 1968; 36 FR 19592, Oct. 8, 10-nth. Values of field strength on any 1971; 47 FR 21500, May 18, 1982; 52 FR 31404, pattern less than 10% of the maximum Aug. 20, 1987] field strength plotted on that pattern § 74.737 Antenna location. must be shown on an enlarged scale. (5) The horizontal plane patterns (a) An applicant for a new low power that are required are the patterns for TV, TV translator, or TV booster sta- the complete directional antenna sys- tion or for a change in the facilities of tem. In the case of a composite an- an authorized station shall endeavor to tenna composed of two or more indi- select a site that will provide a line-of- vidual antennas, this means that the sight transmission path to the entire patterns for the composite antenna area intended to be served and at which composed of two or more individual an- there is available a suitable signal tennas, not the patterns for each of the from the primary station, if any, that individual antennas, must be sub- will be retransmitted. mitted. (b) The transmitting antenna should be placed above growing vegetation and [30 FR 8847, July 14, 1965, as amended at 41 trees lying in the direction of the area FR 28267, July 9, 1976; 47 FR 21500, May 18, 1982; 48 FR 21487, May 12, 1983; 52 FR 7423, intended to be served, to minimize the Mar. 11, 1987; 52 FR 31404, Aug. 20, 1987; 58 FR possibility of signal absorption by foli- 44951, Aug. 25, 1993; 62 FR 26722, May 14, 1997] age. (c) A site within 8 kilometers of the § 74.736 Emissions and bandwidth. area intended to be served is to be pre- (a) The license of a low power TV, TV ferred if the conditions in paragraph (a) translator, or TV booster station au- of this section can be met. thorizes the transmission of the visual (d) Consideration should be given to signal by amplitude modulation (A5) the accessibility of the site at all sea- and the accompanying aural signal by sons of the year and to the availability frequency modulation (F3). of facilities for the maintenance and (b) Standard width television chan- operation of the transmitting equip- nels will be assigned and the transmit- ment. ting apparatus shall be operated so as (e) The transmitting antenna should to limit spurious emissions to the low- be located as near as is practical to the est practicable value. Any emissions transmitter to avoid the use of long including intermodulation products transmission lines and the associated and radio frequency harmonics which power losses. are not essential for the transmission (f) Consideration should be given to of the desired picture and sound infor- the existence of strong radio frequency mation shall be considered to be spu- fields from other transmitters at the rious emissions. site of the transmitting equipment and (c) Any emissions appearing on fre- the possibility that such fields may re- quencies more than 3 MHz above or sult in the retransmissions of signals below the upper and lower edges, re- originating on frequencies other than

451

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.750 47 CFR Ch. I (10–1–99 Edition)

that of the primary station being re- (iii) 60 dB for transmitters rated at broadcast. more than 100 watts power output. (3) When subjected to variations in [47 FR 21500, May 18, 1982, as amended at 52 FR 31404, Aug. 20, 1987] ambient temperature between minus 30 degrees and plus 50 degrees Centigrade § 74.750 Transmission system facilities. and variations in power main voltage (a) A low power TV, TV translator, or between 85 percent and 115 percent of TV booster station shall operate with a rated power supply voltage, the local transmitter that is either certificated oscillator frequency stability shall for licensing under the provisions of maintain the operating frequency with- this subpart or type notified for use in: under part 73 of this chapter. (i) 0.02 percent of its rated frequency (b) Transmitting antennas, antennas for transmitters rated at no more than used to receive the signals to be re- 100 watts peak visual power. broadcast, and transmission lines are (ii) 0.002 percent of the rated fre- not certificated by the FCC. External quency for transmitters rated at more preamplifiers also may be used pro- than 100 watts peak visual power. vided that they do not cause improper (iii) Plus or minus 1 kHz of its rated operation of the transmitting equip- frequency for transmitters to be used ment, and use of such preamplifiers is at stations employing offset carrier not necessary to meet the provisions of frequency operation. paragraph (c) of this section. (4) The apparatus shall contain auto- (c) The following requirements must matic circuits which will maintain the be met before low power TV and TV peak visual power output constant translator transmitters will be certifi- within 2 dB when the strength of the cated by the FCC: input signal is varied over a range of 30 (1) The equipment shall be so de- dB and which will not permit the peak signed that the electrical characteris- visual power output to exceed the max- tics of a standard television signal in- imum rated power output under any troduced into the input terminals will condition. If a manual adjustment is be maintained at the output. The over- provided to compensate for different all response of the apparatus within its average signal strengths, provision assigned channel, when operating at its shall be made for determining the rated power output and measured at proper setting for the control, and if the output terminals, shall provide a improper adjustment of the control smooth curve, varying within limits could result in improper operation, a separated by no more than 4 dB: Pro- label shall be affixed at the adjustment vided, however, That means may be pro- control bearing a suitable warning. vided to reduce the amplitude of the (5) The apparatus must be equipped aural carrier below those limits, if nec- with automatic controls that will place essary to prevent intermodulation it in a non-radiating condition when no which would mar the quality of the re- signal is being received on the input transmitted picture or result in emis- channel, either due to absence of a sions outside of the assigned channel. transmitted signal or failure of the re- (2) Radio frequency harmonics of the ceiving portion of the facilities used visual and aural carriers, measured at for rebroadcasting the signal of an- the output terminals of the trans- other station. The automatic control mitter, shall be attenuated no less may include a time delay feature to than 60 dB below the peak visual out- prevent interruptions caused by fading put power within the assigned channel. or other momentary failures of the in- All other emissions appearing on fre- coming signal. quencies more than 3 megacycles above (6) The tube or tubes employed in the or below the upper and lower edges, re- final radio frequency amplifier shall be spectively, of the assigned channel of the appropriate power rating to pro- shall be attenuated no less than: vide the rated power output of the (i) 30 dB for transmitters rated at no translator. The normal operating con- more than 1 watt power output. stants for operation at the rated power (ii) 50 dB for transmitters rated at output shall be specified. The appa- more than 1 watt power output. ratus shall be equipped with suitable

452

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.750

meters or meter jacks so that appro- apparatus is capable of meeting the re- priate voltage and current measure- quirements of paragraphs (c) and (d) of ments may be made while the appa- this section. The following procedures ratus is in operation. shall apply: (7) The transmitters of over 0.001 kW (1) Any manufacturer of apparatus peak visual power (0.002 kW when cir- intended for use at low power TV, TV cularly polarized antennas are used) translator, or TV booster stations may shall be equipped with an automatic request certification by following the keying device that will transmit the procedures set forth in part 2, subpart call sign of the station, in Inter- J, of this chapter. national Morse Code, at least once each hour during the time the station is in (2) Low power TV, TV translator, and operation when operating in the trans- TV booster transmitting apparatus lator mode retransmitting the pro- that has been certificated by the FCC gramming of a TV broadcast station. will normally be authorized without However, the identification by Morse additional measurements from the ap- Code is not required if the licensee of plicant or licensee. the low power TV or TV translator sta- (3) Applications for certification of tion has an agreement with the TV modulators to be used with existing broadcast station being rebroadcast to certificated TV translator apparatus transmit aurally or visually the low must include the specifications elec- power TV or TV translator station call trical and mechanical interconnecting as provided for in § 74.783. Transmission requirements for the apparatus with of the call sign can be accomplished by: which it is designed to be used. (i) Frequency shift keying; the aural (4) Other rules concerning certifi- and visual carrier shift shall not be less cation, including information regard- than 5 kHz or greater than 25 kHz. ing withdrawal of type acceptance, (ii) Amplitude modulation of the modification of certificated equipment aural carrier of at least 30% modula- and limitations on the findings upon tion. The audio frequency tone used which certification is based, are set shall not be within 200 hertz of the forth in part 2, subpart J, of this chap- Emergency Broadcast System Atten- tion Signal alerting frequencies. ter. (8) Wiring, shielding, and construc- (f) The transmitting antenna system tion shall be in accordance with ac- may be designed to produce horizontal, cepted principles of good engineering vertical, or circular polarization. practice. (g) Low power TV, TV translator, or (d) Low power TV, TV translator and TV booster stations installing new cer- transmitting equipment using a modu- tificated transmitting apparatus incor- lation process for either program origi- porating modulating equipment need nation or rebroadcasting TV booster not make equipment performance transmitting equipment using a modu- measurements and shall so indicate on lation process must meet the following the station license application. Sta- requirements: tions adding new or replacing modu- (1) The equipment shall meet the relating equipment in existing low power quirements of paragraphs (a)(1) and TV, TV translator, or TV booster sta- (b)(3) of § 73.687. tion transmitting apparatus must have (2) The stability of the equipment a qualified person examine the trans- shall be sufficient to maintain the op- mitting system after installation. This erating frequency of the aural carrier person must certify in the application to 4.5 MHz±1kHz above the visual carrier when subjected to variations in for the station license that the trans- ambient temperature between 30° and mitting equipment meets the require- +50° centigrade and variations in power ments of paragraph (d)(1) of this sec- main voltage between 85 and 115 per- tion. A report of the methods, measure- cent of rated power supply voltage. ments, and results must be kept in the (e) Certification will be granted only station records. However, stations in- upon a satisfactory showing that the stalling modulating equipment solely

453

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.751 47 CFR Ch. I (10–1–99 Edition)

for the limited local origination of sig- (6) Any changes in the location of the nals permitted by § 74.731 need not com- transmitter except within the same ply with the requirements of this para- building or upon the same pole or graph. tower. [28 FR 13722, Dec. 14, 1963, as amended at 33 (7) A change of authorized operating FR 8677, June 13, 1968; 36 FR 19592, Oct. 8, power. 1971; 37 FR 25844, Dec. 5, 1972; 41 FR 17552, (c) Other equipment changes not spe- Apr. 27, 1976; 43 FR 1951, Jan. 13, 1978; 46 FR cifically referred to in paragraphs (a) 35465, July 8, 1981; 47 FR 21500, May 18, 1982; and (b) of this section may be made at 47 FR 30496, July 14, 1982; 52 FR 31404, Aug. the discretion of the licensee, provided 20, 1987; 60 FR 55483, Nov. 1, 1995; 62 FR 26722, that the FCC in Washington, DC, At- May 14, 1997; 63 FR 36605, July 7, 1998] tention: Video Services Division, Mass § 74.751 Modification of transmission Media Bureau, is notified in writing systems. upon the completion of such changes. (a) No change, either mechanical or (d) Upon installation of new or re- electrical, may be made in apparatus placement transmitting equipment for which has been certificated by the which prior FCC authority is not re- Commission without prior authority of quired under the provisions of this sec- the Commission. If such prior author- tion, the licensee must place in the sta- ity has been given to the manufacturer tion records a certification that the of certificated equipment, the manu- new installation complies in all re- facturer may issue instructions for spects with the technical requirements such changes citing its authority. In of this part and the station authoriza- such cases, individual licensees are not tion. required to secure prior Commission [28 FR 13722, Dec. 14, 1963, as amended at 38 approval but shall notify the Commis- FR 6827, Mar. 13, 1973; 39 FR 38652, Nov. 1, sion when such changes are completed. 1974; 45 FR 26067, Apr. 17, 1980; 47 FR 21501, (b) Formal application (FCC Form May 18, 1982; 48 FR 41423, Sept. 15, 1983; 50 FR 346) is required for any of the following 23710, June 5, 1985; 52 FR 31405, Aug. 20, 1987; changes: 63 FR 33879, June 22, 1998; 63 FR 36605, July 7, (1) Replacement of the transmitter as 1998] a whole, except replacement with a § 74.761 Frequency tolerance. transmitter of identical power rating which has been certificated by the FCC The licensee of a low power TV, TV for use by low power TV, TV trans- translator, or TV booster station shall lator, and TV booster stations, or any maintain the transmitter output fre- change which could result in a change quencies as set forth below. The fre- in the electrical characteristics or per- quency tolerance of stations using di- formance of the station. rect frequency conversion of a received (2) Any change in the transmitting signal and not engaging in offset car- antenna system, including the direc- rier operation as set forth in paragraph tion of radiation, directive antenna (d) of this section will be referenced to pattern, antenna gain, transmission the authorized plus or minus 10 kHz line loss characteristics, or height of offset, if any, of the primary station. antenna center of radiation. (a) The visual carrier shall be main- (3) Any change in the overall height tained to within 0.02 percent of the as- of the antenna structure, except where signed visual carrier frequency for notice to the Federal Aviation Admin- transmitters rated at not more than istration is specifically not required 100 watts peak visual power. under § 17.14(b) of this chapter. (b) The visual carrier shall be main- (4) Any horizontal change of the loca- tained to within 0.002 percent of the as- tion of the antenna structure which signed visual carrier frequency for would (i) be in excess of 152.4 meters transmitters rated at more than 100 (500 feet), or (ii) require notice to the watts peak visual power. Federal Aviation Administration pur- (c) The aural carrier of stations em- suant to § 17.7 of the FCC’s Rules. ploying modulating equipment shall be (5) A change in frequency assign- maintained at 4.5 MHz ± 1 kHz above ment. the visual carrier frequency.

454

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.765

(d) The visual carrier shall be main- pertaining to the lighting of antenna tained to within 1 kHz of the assigned structures. In the event normal oper- channel carrier frequency if the low ation is restored prior to the expiration power TV, TV translator, or TV boost- of the 30 day period, the FCC in Wash- er station is authorized with a specified ington, DC, Attention: Video Services offset designation in order to provide Division, Mass Media Bureau, shall be protection under the provisions of notified in writing of the date normal § 74.705 or § 74.707. operations resumed. If causes beyond the control of the licensee make it im- [43 FR 1952, Jan. 13, 1978, as amended at 52 FR 31405, Aug. 20, 1987] possible to comply within the allowed period, a request for Special Tem- § 74.762 Frequency measurements. porary Authority (see § 73.1635 of this (a) The licensee of a low power TV chapter) shall be made to the FCC no station, a TV translator, or a TV boost- later than the 30th day for such addi- er station must measure the carrier tional time as may be deemed nec- frequencies of its output channel as essary. (c) Failure of a low power TV, TV often as necessary to ensure operation translator, or TV booster station to op- within the specified tolerances, and at erate for a period of 30 days or more, least once each calendar year at inter- except for causes beyond the control of vals not exceeding 14 months. the licensee, shall be deemed evidence (b) In the event that a low power TV, of discontinuation of operation and the TV translator, or TV booster station is license of the station may be cancelled found to be operating beyond the fre- at the discretion of the FCC. Further- quency tolerance prescribed in § 74.761, more, the station’s license will expire the licensee promptly shall suspend op- as a matter of law, without regard to eration of the transmitter and shall any causes beyond control of the li- not resume operation until transmitter censee, if the station fails to transmit has been restored to its assigned fre- broadcast signals for any consecutive quencies. Adjustment of the frequency 12-month period, notwithstanding any determining circuits of the transmitter provision, term, or condition of the li- shall be made only by a qualified per- cense to the contrary. son in accordance with § 74.750(g). (d) A television broadcast translator [52 FR 31405, Aug. 20, 1987] station shall not be permitted to radiate during extended periods when sig- § 74.763 Time of operation. nals of the primary station are not (a) A low power TV, TV translator, or being retransmitted. TV booster station is not required to [28 FR 13722, Dec. 14, 1963, as amended at 52 adhere to any regular schedule of oper- FR 7423, Mar. 11, 1987; 52 FR 31405, Aug. 20, ation. However, the licensee of a TV 1987; 61 FR 28768, June 6, 1996; 63 FR 33879, translator or TV booster station is ex- June 22, 1998] pected to provide service to the extent that such is within its control and to § 74.765 Posting of station and oper- avoid unwarranted interruptions in the ator licenses. service provided. (a) The station license and any other (b) In the event that causes beyond instrument of authorization or indi- the control of the low power TV or TV vidual order concerning the construc- translator station licensee make it im- tion of the station or manner of oper- possible to continue operating, the li- ation shall be kept in the station censee may discontinue operation for a record file so as to be available for in- period of not more than 30 days with- spection upon request of authorized out further authority from the FCC. representatives of the FCC. Notification must be sent to the FCC (b) The call sign of the station, to- in Washington, DC, Attention: Video gether with the name, address, and Services Division, Mass Media Bureau, telephone number of the licensee or not later than the 10th day of discon- local representative of the licensee, if tinued operation. During such period, the licensee does not reside in the com- the licensee shall continue to adhere to munity served by the station, and the the requirements in the station license name and address of the person and

455

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00455 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.769 47 CFR Ch. I (10–1–99 Edition)

place where the station records are Section 73.1615—Operation during modi- maintained, shall be displayed at the fications of facilities. transmitter site on the structure sup- Section 73.1635—Special temporary author- porting the transmitting antenna, so izations (STA). Section 73.1650—International broadcasting as to be visible to a person standing on agreements. the ground. The display shall be main- Section 73.1680—Emergency antennas. tained in legible condition by the li- Section 73.1692—Construction near or in- censee. stallations on an AM broadcast tower. Section 73.1940—Broadcasts by candidates [47 FR 21502, May 18, 1982, as amended at 52 for public office. FR 7423, Mar. 11, 1987; 60 FR 55483, Nov. 1, Section 73.2080—Equal employment oppor- 1995] tunities (for low power TV stations only). Section 73.3500—Application and report § 74.769 Copies of rules. forms. The licensee or permittee of a station Section 73.3511—Applications required. authorized under this subpart shall Section 73.3512—Where to file; number of have a current copy of Volume I and copies. Section 73.3513—Signing of applications. Volume III of the Commission’s Rules. Section 73.3514—Content of applications. Each such licensee or permittee shall Section 73.3516—Specification of facilities. be familiar with those rules relating to Section 73.3517—Contingent applications. stations authorized under this subpart. Section 73.3518—Inconsistent or conflicting Copies of the Commission’s rules may applications. be obtained from the Superintendent of Section 73.3519—Repetitious applications. Documents, Government Printing Of- Section 73.3521—Mutually exclusive appli- fice, Washington, DC 20402. cations for low power TV and TV translator stations. [60 FR 55483, Nov. 1, 1995] Section 73.3522—Amendment of applications. § 74.780 Broadcast regulations applica- Section 73.3525—Agreements for removing ble to translators, low power, and application conflicts. booster stations. Section 73.3533—Application for construction permit or modification of construction The following rules are applicable to permit. TV translator, low power TV, and TV Section 73.3534—Application for extension booster stations: of construction permit or for construction permit to replace expired construction per- Section 73.653—Operation of TV aural and mit. visual transmitters. Section 73.3536—Application for license to Section 73.658—Affiliation agreements and cover construction permit. network program practices; territorial ex- Section 73.3538 (a)(1)(3)(4), (b)(2)—Applica- clusivity in non-network program arrange- tion to make changes in existing station. ments. Section 73.3539—Application for renewal of Part 73, Subpart G—Emergency Broadcast license. System (for low power TV stations locally Section 73.3540—Application for voluntary originating programming as defined by assignment of transfer of control. § 74.701(h)). Section 73.3541—Application for involun- Section 73.1201—Station identification (for tary assignment or transfer of control. low power TV stations locally originating Section 73.3542—Application for emergency programming as defined by § 74.701(h)). authorization. Section 73.1206—Broadcast of telephone Section 73.3544—Application to obtain a conversations. modified station license. Section 73.1207—Rebroadcasts. Section 73.3545—Application for permit to Section 73.1208—Broadcast of taped, filmed deliver programs to foreign stations. or recorded material. Section 73.3550—Requests for new or modi- Section 73.1211—Broadcast of lottery infor- fied call sign assignments. mation. Section 73.3561—Staff consideration of ap- Section 73.1212—Sponsorship identifica- plications requiring Commission action. tions; list retention, related requirements. Section 73.3562—Staff consideration of ap- Section 73.1216—Licensee conducted con- plications not requiring action by the Com- tests. mission. Section 73.1510—Experimental authoriza- Section 73.3564—Acceptance of applications. tions. Section 73.1515—Special field test author- Section 73.3566—Defective applications. izations. Section 73.3568—Dismissal of applications.

456

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.783

Section 73.3572—Processing of TV broad- son keeping station records, together cast, low power TV, and TV translator sta- with the address of the place where the tion applications. records are kept, shall be posted in ac- Section 73.3580—Local public notice of filing of broadcast applications. cordance with § 74.765(c) of the rules. Section 73.3584—Petitions to deny. The station records shall be made Section 73.3587—Informal objections. available upon request to any author- Section 73.3591—Grants without hearing. ized representative of the Commission. Section 73.3593—Designation for hearing. Section 73.3594—Local public notice of des- (d) Station logs and records shall be ignation for hearing. retained for a period of two years. Section 73.3597—Procedures on transfer and [48 FR 44806, Sept. 30, 1983, as amended at 52 assignment applications. FR 31405, Aug. 20, 1987] Section 73.3598—Period of construction. Section 73.3599—Forfeiture of construction permit. § 74.783 Station identification. Section 73.3601—Simultaneous modifica- (a) Each low power TV and TV trans- tion and renewal of license. lator station not originating local pro- Section 73.3603—Special waiver procedure relative to applications. gramming as defined by § 74.701(h) oper- Section 73.3612—Annual employment re- ating over 0.001 kw peak visual power port (for low power TV stations only). (0.002 kw when using circularly polar- Section 73.3613—Filing of contracts (net- ized antennas) must transmit its sta- work affiliation contracts for low power TV tion identification as follows: stations only). (1) By transmitting the call sign in [52 FR 7423, Mar. 11, 1987, as amended at 52 International Morse Code at least once FR 25867, July 9, 1987; 52 FR 31405, Aug. 20, each hour. This transmission may be 1987; 56 FR 28099, June 19, 1991; 59 FR 31557, June 20, 1994; 62 FR 51063, Sept. 30, 1997] accomplished by means of an automatic device as required by § 74.781 Station records. § 74.750(c)(7). Call sign transmission (a) The licensee of a low power TV, shall be made at a code speed not in ex- TV translator, or TV booster station cess of 20 words per minute; or shall maintain adequate station (2) By arranging for the primary sta- records, including the current instru- tion, whose signal is being rebroadcast, ment of authorization, official cor- to identify the translator station by respondence with the FCC, contracts, transmitting an easily readable visual permission for rebroadcasts, and other presentation or a clearly understand- pertinent documents. able aural presentation of the trans- (b) Entries required by § 17.49 of this lator station’s call letters and location. Chapter concerning any observed or Two such identifications shall be made otherwise known extinguishment or between 7 a.m. and 9 a.m. and 3 p.m. improper functioning of a tower light: and 5 p.m. each broadcast day at ap- (1) The nature of such extinguish- proximately one hour intervals during ment or improper functioning. each time period. Television stations (2) The date and time the extinguish- which do not begin their broadcast day ment or improper operation was ob- before 9 a.m. shall make these identi- served or otherwise noted. fications in the hours closest to these (3) The date, time and nature of ad- time periods at the specified intervals. justments, repairs or replacements made. (b) Licensees of television translators (c) The station records shall be main- whose station identification is made by tained for inspection at a residence, of- the television station whose signals are fice, or public building, place of busi- being rebroadcast by the translator, ness, or other suitable place, in one of must secure agreement with this tele- the communities of license of the vision station licensee to keep in its translator or booster, except that the file, and available to FCC personnel, station records of a booster or trans- the translator’s call letters and loca- lator licensed to the licensee of the pri- tion, giving the name, address and tele- mary station may be kept at the same phone number of the licensee or his place where the primary station service representative to be contacted records are kept. The name of the per- in the event of malfunction of the

457

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.784 47 CFR Ch. I (10–1–99 Edition)

translator. It shall be the responsi- § 74.784 Rebroadcasts. bility of the translator licensee to fur- (a) The term rebroadcast means the nish current information to the tele- reception by radio of the programs or vision station licensee for this purpose. other signals of a radio or television (c) A low power TV station shall station and the simultaneous or subse- comply with the station identification quent retransmission of such programs procedures given in § 73.1201 when lo- or signals for direct reception by the cally originating programming, as de- general public. fined by § 74.701(h). The identification (b) The licensee of a low power TV or procedures given in paragraphs (a) and TV translator station shall not re- (b) are to be used at all other times. broadcast the programs of any other (d) Call signs for low power TV and TV broadcast station or other station TV translator stations will be made up authorized under the provisions of this of the initial letter K or W followed by Subpart without obtaining prior con- the channel number assigned to the sent of the station whose signals or station and two additional letters. The programs are proposed to be retrans- use of the initial letter generally will mitted. The FCC, Attention: Video follow the pattern used in the broad- Services Division, Mass Media Bureau, cast service, i.e., stations west of the shall be notified of the call letters of Mississippi River will be assigned an each station rebroadcast, and the li- initial letter K and those east, the let- censee of the low power TV or TV ter W. The two letter combinations fol- broadcast translator station shall cer- lowing the channel number will be as- tify it has obtained written consent signed in order and requests for the as- from the licensee of the station whose signment of the particular combina- programs are being retransmitted. tions of letters will not be considered. (c) A TV translator station may re- The channel number designator for broadcast only programs and signals Channels 2 through 9 will be incor- that are simultaneously transmitted porated in the call sign as a 2-digit by a TV broadcast station. number, i.e., 02, 03, . . . ., so as to avoid (d) A TV booster station may re- similarities with call signs assigned to broadcast only programs and signals amateur radio stations. that are simultaneously transmitted (e) Low power TV permittees or li- by the primary station to which it is censees may request that they be as- authorized. signed four-letter call signs in lieu of (e) The provisions of § 73.1207 of part the five-character alpha-numeric call 73 of this chapter apply to low power signs described in paragraph (d) of this TV stations in transmitting any mate- section. Parties requesting four-letter rial during periods of program origina- call signs are to follow the procedures tion obtained from the transmissions delineated in § 73.3550 of this chapter. of any other type of station. Such four-letter call signs shall begin with K or W; stations west of the Mis- (Sec. 325, 48 Stat. 1091; 47 U.S.C. 325) sissippi River will be assigned an ini- [28 FR 13722, Dec. 14, 1963, as amended at 47 tial letter K and stations east of the FR 21502, May 18, 1982; 52 FR 31405, Aug. 20, Mississippi River will be assigned an 1987; 63 FR 33879, June 22, 1998] initial letter W. The four-letter call sign will be followed by the suffix ‘‘- Subpart H—Low Power Auxiliary LP.’’ Stations (f) TV broadcast booster station shall be identified by their primary stations § 74.801 Definitions. by broadcasting of the primary sta- Cable television system operator. A tion’s call letters and location in ac- cable television operator is defined in cordance with the provisions of § 73.1201 § 76.5(cc) of the rules. of this chapter. Low power auxiliary station. An auxil- [41 FR 17552, Apr. 27, 1976, as amended at 47 iary station authorized and operated FR 21502, May 18, 1982; 52 FR 7424, Mar. 11, pursuant to the provisions set forth in 1987; 52 FR 31405, Aug. 20, 1987; 59 FR 31557, this subpart. Devices authorized as low June 20, 1994; 63 FR 71604, Dec. 29, 1998] power auxiliary stations are intended

458

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.831

to transmit over distances of approxi- (1) The frequency selection shall be mately 100 meters for uses such as offset from the upper or lower band wireless microphones, cue and control limits by 25 kHz or an integral mul- communications, and synchronization tiple thereof. of TV camera signals. (2) One or more adjacent 25 kHz seg- Motion picture producer. Motion pic- ments within the assignable fre- ture producer refers to a person or or- quencies may be combined to form a ganization engaged in the production channel whose maximum bandwidth or filming of motion pictures. shall not exceed 200 kHz. Television program producer. Tele- (d) Low power auxiliary licensees vision program producer refers to a will not be granted exclusive frequency person or organization engaged in the assignments. production of television programs. [52 FR 2535, Jan. 23, 1987] (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) [42 FR 14729, March 16, 1977, as amended at 43 § 74.803 Frequency selection to avoid FR 14662, Apr. 7, 1978; 51 FR 4603, Feb. 6, 1986; interference. 51 FR 9966, Mar. 24, 1986; 54 FR 41842, Oct. 12, (a) Where two or more low power 1989] auxiliary licensees need to operate in the same area, the licensees shall en- § 74.802 Frequency assignment. deavor to select frequencies or sched- (a) Frequencies within the following ule operation in such manner as to bands may be assigned for use by low avoid mutual interference. If a mutu- power auxiliary stations: ally satisfactory arrangement cannot 26.100–26.480 MHz be reached, the Commission shall be 54.000–72.000 MHz notified and it will specify the fre- 76.000–88.000 MHz quency or frequencies to be employed 161.625–161.775 MHz (except in Puerto Rico or by each licensee. the Virgin Islands) (b) The selection of frequencies in the 174.000–216.000 MHz bands allocated for TV broadcasting for 450.000–451.000 MHz 455.000–456.000 MHz use in any area shall be guided by the 470.000–488.000 MHz need to avoid interference to TV broad- 488.000–494.000 MHz (except Hawaii) cast reception. In these bands, low 494.000–608.000 MHz power auxiliary station usage is sec- 614.000–806.000 MHz ondary to TV broadcasting and land 944.000–952.000 MHz mobile stations operating in the UHF– (b) Operations in the bands allocated TV spectrum and must not cause harm- for TV broadcasting, listed below, are ful interference. If such interference limited to locations removed from ex- occurs, low power auxiliary station op- isting co-channel TV broadcast sta- eration must immediately cease and tions by not less than the following may not be resumed until the inter- distances unless otherwise authorized ference problem has been resolved. by the FCC. (See § 73.609 for zone defini- [42 FR 14729, Mar. 16, 1977, as amended at 52 tions.) FR 2535, Jan. 23, 1987] (1) 54.000–72.000 MHz and 76.000–88.000 MHz: § 74.831 Scope of service and permis- Zone I 105 km (65 miles) sible transmissions. Zones II and III 129 km (80 miles) The license for a low power auxiliary (2) 174.000–216.000 MHz station authorizes the transmission of cues and orders to production per- Zone I 97 km (60 miles) sonnel and participants in broadcast Zones II and III 129 km (80 miles) programs and motion pictures and in (3) 480.000–608.000 MHz and 614.000— the preparation therefor, the trans- 806.000 MHz mission of program material by means of a wireless microphone worn by a per- All zones 113 km (70 miles) former and other participants in a pro- (c) Specific frequency operation is re- gram or motion picture during required when operating within the hearsal and during the actual broad- bands allocated for TV broadcasting. cast, filming, or recording, or the

459

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00459 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.832 47 CFR Ch. I (10–1–99 Edition)

transmission of comments, interviews, the frequency bands set forth in and reports from the scene of a remote § 74.802(a). broadcast. Low power auxiliary sta- (d) Cable television operations, motions operating in the 944–952 MHz band tion picture and television program may, in addition, transmit synchro- producers may be authorized to operate nizing signals and various control sig- low power auxiliary stations only in nals to portable or hand-carried TV the bands allocated for TV broad- cameras which employ low power radio casting. signals in lieu of cable to deliver pic- (e) An application for low power aux- ture signals to the control point at the iliary stations or for a change in an ex- scene of a remote broadcast. isting authorization shall specify the [42 FR 14729, Mar. 16, 1977, as amended at 51 broadcast station, combination of such FR 4603, Feb. 6, 1986] stations, or the network with which the low power broadcast auxiliary fa- § 74.832 Licensing requirements and cilities are to be principally used as procedures. given in paragraph (h) of this section; (a) A license authorizing operation of or it shall specify the motion picture one or more low power auxiliary sta- or television production company or tions will be issued only to the fol- the cable television operator with lowing: which the low power broadcast auxil- (1) A licensee of an AM, FM, TV, or iary facilities are to be solely used. A International broadcast station or low single application, filed in duplicate on power TV station. Low power auxiliary FCC Form 313 may be used in applying stations will be licensed for used with a for the authority to operate one or specific broadcast or low power TV sta- more low power auxiliary units. The tion or combination of stations li- application must specify the number of censed to the same licensee within the units to be operated and the frequency same community. bands which will be used. Motion pic- (2) A broadcast network entity. ture producers, television program pro- (3) A cable television system operator ducers, and cable television operators who operates a cable system that pro- are required to attach a single sheet to duces program material for origination their application form explaining in de- or access cablecasting, as defined in tail the manner in which the eligibility § 76.5(r). requirements given in paragraph (a) of (4) Motion picture producers as de- this section are met. fined in § 74.801. (5) Television program producers as (f) Applications for the use of the defined in § 74.801. bands allocated for TV broadcasting (6) Licensees and conditional licens- must specify the usual area of oper- ees of stations in the Multipoint Dis- ation within which the low power aux- tribution Service and Multichannel iliary station will be used. This area of Multipoint Distribution Service as de- operation may, for example, be speci- fined in § 21.2 of this chapter, or enti- fied as the metropolitan area in which ties that hold an executed lease agree- the broadcast licensee serves, or the ment with an MDS or MMDS licensee usual area within which motion picture or conditional licensee or with an In- and television producers are operating. structional Television Fixed Service li- Because low power auxiliary stations censee or permittee. operating in these bands will only be (b) An application for a new or re- permitted in areas removed from exist- newal of low power auxiliary license ing co-channel TV broadcast stations, shall specify the frequency band or licensees have full responsibility to en- bands desired. Only those frequency sure that operation of their stations bands necessary for satisfactory oper- does not occur at distances less than ation shall be requested. those specified in § 74.802(b). (c) Licensees of AM, FM, TV, and (g) Low power auxiliary licenses will International broadcast stations; low specify the minimum and maximum power TV stations; and broadcast net- number of units that may be operated work entities may be authorized to op- as follows: from 1 to 5 stations; from 4 erate low power auxiliary stations in to 12 stations; from 10 to 24 stations;

460

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00460 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.833

from 20 to 50 stations; 45 or more sta- ture. Where operation is seen as likely tions. on a continuing annual basis, an appli- (h) For broadcast licensees, low cation for a regular authorization power auxiliary stations will be li- should be submitted. censed for use with a specific broadcast (b) A request for special temporary station or combination of broadcast authority for the operation of a low stations licensed to the same licensee power auxiliary station may be made and to the same community. Licensing by informal application, which shall be of low power auxiliary stations for use filed with the Commission in Wash- with a specific broadcast station or ington at least 10 days prior to the date combination of such stations does not of the proposed operation: Provided, preclude their use with other broadcast That, an application filed within less stations of the same or a different li- than 10 days of the proposed operation censee at any location. Operation of may be accepted upon a satisfactory low power auxiliary stations outside showing of the reasons for the delay in the area of operation specified in the authorization, or in other bands is per- submitting the request. mitted without further authority of (c) An informal request for special the Commission. However, operation of temporary authority requiring pay- low power auxiliary stations shall, at ment of a fee shall be addressed to the all times, be in accordance with the re- FCC at Federal Communications Com- quirements of § 74.882 of this subpart. mission, Broadcast Auxiliary Radio Also, a low power auxiliary station Services, P.O. Box 358700, Pittsburgh, that is being used with a broadcast sta- PA 15251–5700. An informal request for tion or network other than one with special temporary authority not re- which it is licensed, must, in addition quiring payment of a fee shall be ad- to meeting the requirements of § 74.861 dressed to the FCC at Federal Commu- of this subpart, not cause harmful in- nications Commission, 1270 Fairfield terference to another low power auxil- Road, Gettysburg, Pennsylvania 17325. iary station which is being used with All requests must include full particu- the broadcast station(s) or network lars including: Applicant’s name, state- with which it is licensed. ment of eligibility, call letters of asso- (i) In case of permanent discontinu- ciated broadcast station or stations, if ance of operation of a station licensed any, name and address of individual under this subpart, the licensee shall designated to receive the return tele- forward the station license to the Fed- gram, type and manufacturer of equip- eral Communications Commission, ment, power output, emission, fre- Broadcast Auxiliary Radio Services, quency or frequencies proposed to be 1270 Fairfield Road, Gettysburg, Penn- used, commencement and termination sylvania 17325 for cancellation. date, location of proposed operation, (j) The license shall be retained in and purpose for which request is made the licensee’s files at the address including any particular justification. shown on the authorization, posted at (d) A request for special temporary the transmitter, or posted at the control point of the station. authority shall specify a frequency band consistent with the provisions of [42 FR 14729, Mar. 16, 1977, as amended at 47 § 74.802: Provided, That, in the case of FR 9221, Mar. 4, 1982; 47 FR 21503, May 18, events of wide-spread interest and im- 1982; 47 FR 55938, Dec. 14, 1982; 51 FR 4603, portance which cannot be transmitted Feb. 6, 1986; 51 FR 9966, Mar. 24, 1986; 52 FR 2535, Jan. 23, 1987; 55 FR 46012, Oct. 31, 1990; successfully on these frequencies, fre- 58 FR 19776, Apr. 16, 1993] quencies assigned to other services may be requested upon a showing that § 74.833 Temporary authorizations. operation thereon will not cause inter- (a) Special temporary authority may ference to established stations: And be granted for low power auxiliary sta- provided further, In no case will oper- tion operation which cannot be con- ation of a low power auxiliary broad- ducted in accordance with § 74.24. Such cast station be authorized on fre- authority will normally be granted quencies employed for the safety of life only for operations of a temporary na- and property.

461

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00461 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.851 47 CFR Ch. I (10–1–99 Edition)

(e) The user shall have full control equipment which the licensee is au- over the transmitting equipment dur- thorized to use. ing the period it is operated. (f) All transmitters marketed for use (f) Special temporary authority to under this subpart shall be certificated permit operation of low power auxil- by the Federal Communications Com- iary stations pending Commission ac- mission for this purpose. (Refer to sub- tion on an application for regular au- part I of part 2 of the Commission’s thority will not normally be granted. rules and regulations.) [42 FR 14729, Mar. 16, 1977, as amended at 47 (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) FR 9221, Mar. 4, 1982; 47 FR 55939, Dec. 14, 1982; 58 FR 19776, Apr. 16, 1993] [42 FR 14729, Mar. 16, 1977, as amended at 42 FR 43637, Aug. 22, 1977; 43 FR 13576, Mar. 31, § 74.851 Certification of equipment. 1978; 63 FR 36605, July 7, 1998] (a) Applications for new low power § 74.852 Equipment changes. auxiliary stations will not be accepted unless the transmitting equipment (a) The licensee of a low power auxil- specified therein has been certificated iary station may make any changes in for use pursuant to provisions of this the equipment that are deemed desir- subpart. able or necessary, including replace- (b) Any manufacturer of a trans- ment with certificated equipment, mitter to be used in this service may without prior Commission approval: apply for certification for such trans- Provided, The proposed changes will not mitter following the certification pro- depart from any of the terms of the cedure set forth in part 2 of the Com- station authorization or the Commis- mission’s Rules and Regulations. At- sion’s technical rules governing this tention is also directed to part 1 of the service: And provided further, That any Commission’s Rules and Regulations changes made to certificated trans- which specifies the fees required when mitted equipment shall be in compli- filing an application for certification. ance with the provisions of part 2 of (c) An applicant for a low power aux- the Commission’s rules and regulations iliary station may also apply for cer- concerning modification of certificated tification for an individual transmitter equipment. by following the certification proce- (b) Any equipment changes made pur- dure set forth in part 2 of the Commis- suant to paragraph (a) of this section sion’s Rules and Regulations. The ap- shall be set forth in the next applica- plication for certification must be action for renewal of license. companied by the proper fees as pre- (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) scribed in part 1 of the Commission’s Rules and Regulations. [42 FR 14729, Mar. 16, 1977, as amended at 43 (d) Low power auxiliary station FR 13576, Mar. 31, 1978; 63 FR 36605, July 7, equipment authorized to be used pursu- 1998] ant to an application accepted for fil- § 74.861 Technical requirements. ing prior to December 1, 1977 may continue to be used by the licensee or its (a) Transmitter power is the power at successors or assignees: Provided, how- the transmitter output terminals and ever, If operation of such equipment delivered to the antenna, antenna causes harmful interference due to its transmission line, or any other imped- failure to comply with the technical ance-matched, radio frequency load. standards set forth in this subpart, the For the purpose of this subpart, the Commission may, at its discretion, re- transmitter power is the carrier power. quire the licensee to take such correc- (b) Each authorization for a new low tive action as is necessary to eliminate power auxiliary station shall require the interference. the use of certificated equipment. Such (e) Each instrument of authority equipment shall be operated in accord- which permits operation of a low power ance with the emission specifications auxiliary station using equipment included in the certification grant and which has not been certificated will as prescribed in paragraphs (c) through specify the particular transmitting (e) of this section.

462

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.882

(c) Low power auxiliary transmitters (i) On any frequency removed from not required to operate on specific car- the operating frequency by more than rier frequencies shall operate suffi- 50 percent up to and including 100 per- ciently within the authorized fre- cent of the authorized bandwidth: at quency band edges to insure the emis- least 25 dB; sion bandwidth falls entirely within (ii) On any frequency removed from the authorized band. the operating frequency by more than (d) For low power auxiliary stations 100 percent up to and including 250 per- operating in the bands other than cent of the authorized bandwidth: at those allocated for TV broadcasting, least 35 dB; the following technical requirements (iii) On any frequency removed from are imposed. the operating frequency by more than (1) The maximum transmitter power 250 percent of the authorized band- which will be authorized is 1 watt. Li- width: at least 43+10log10 (mean output censees may accept the manufacturer’s power in watts) dB. power rating; however, it is the licens- (f) Unusual transmitting antennas or ee’s responsibility to observe specified antenna elevations shall not be used to power limits. deliberately extend the range of low (2) If a low power auxiliary station power auxiliary stations beyond the employs amplitude modulation, modu- limited areas defined in § 74.831. lation shall not exceed 100 percent on (g) Low power auxiliary stations positive or negative peaks. shall be operated so that no harmful (3) The occupied bandwidth shall not interference is caused to any other be greater than that necessary for sat- class of station operating in accord- isfactory transmission and, in any ance with Commission’s rules and regu- event, an emission appearing on any lations and with the Table of Fre- discrete frequency outside the author- quency Allocations in part 2 thereof. ized band shall be attenuated, at least, (h) In the event a station’s emissions 43+10 log10 (mean output power, in outside its authorized frequency band watts) dB below the mean output causes harmful interference, the Com- power of the transmitting unit. mission may, at its discretion, require (e) For low power auxiliary stations the licensee to take such further steps operating in the bands allocated for TV as may be necessary to eliminate the broadcasting, the following technical interference. requirements apply: (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155) (1) The power of the measured unmodulated carrier power at the out- [43 FR 13576, Mar. 31, 1978, as amended at 52 put of the transmitter power amplifier FR 2535, Jan. 23, 1987; 63 FR 36605, July 7, 1998] (antenna input power) may not exceed the following: § 74.882 Station identification. (i) 54–72, 76–88, and 174–216 MHz bands—50 mW Call signs will not be assigned to low (ii) 470–608 and 614–806 MHz bands—250 power auxiliary stations. In lieu there- mW of, for transmitters used for voice (2) Transmitters may be either crys- transmissions and having a trans- tal controlled or frequency syn- mitter output power exceeding 50 mW, thesized. an announcement shall be made at the (3) Any form of modulation may be beginning and end of each period of op- used. A maximum deviation of ±75 kHz eration at a single location, over the is permitted when frequency modula- transmitting unit being operated, iden- tion is employed. tifying the transmitting unit desig- (4) The frequency tolerance of the nator, its location, and the call sign of transmitter shall be 0.005 percent. the broadcasting station or name of (5) The operating bandwidth shall not the licensee with which it is being exceed 200 kHz. used. A period of operation may consist (6) The mean power of emissions shall of a continuous transmission or inter- be attenuated below the mean output mittent transmissions pertaining to a power of the transmitter in accordance single event. with the following schedule: [42 FR 14729, Mar. 16, 1977]

463

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00463 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.901 47 CFR Ch. I (10–1–99 Edition)

Subpart I—Instructional Television thorized pursuant to § 21.909 of this Fixed Service chapter or § 21.949 of this chapter. Main channel: The main channel is that portion of each authorized chan- SOURCE: 28 FR 13731, Dec. 14, 1963, unless nel used for the transmission of visual otherwise noted. and aural information as set forth in § 74.901 Definitions. § 73.682 of this Chapter and § 74.938 of this subpart. Attended operation. Operation of a Point-to-point ITFS station. An ITFS station by a designated person on duty station that transmits a highly direc- at the place where the transmitting ap- tional signal from a fixed transmitter paratus is located with the transmitter location to a fixed receive location. in the person’s plain view. Remote control. Operation of a station Booster service area. A geographic by a designated person at a control po- area to be designated by an applicant sition from which the transmitter is for a booster station, within which the not visible but where suitable control booster station shall be entitled to pro- and telemetering circuits are provided tection against interference as set which allow the performance of the es- forth in this part. The booster service sential functions that could be per- area must be specified by the applicant formed at the transmitter. so as to not overlap the booster service Response station hub. A fixed facility area of any other booster authorized to licensed to an ITFS licensee, and oper- or proposed by the applicant. However, ated by an ITFS licensee or the lessee a booster station may provide service of an ITFS channel, for the reception to receive sites outside of its booster of information transmitted by one or service area, at the licensee’s risk of more ITFS response stations that uti- interference. The booster station must lize digital modulation with uniform be capable of providing substantial power spectral density. A response sta- service within the designated booster tion hub licensed under this part may service area. share facilities with other ITFS re- Channel. Unless otherwise specified, a sponse station hubs, MDS response sta- channel under this part shall refer to a tion hubs authorized pursuant to 6 MHz frequency block assigned pursu- § 21.909 of this chapter, MDS signal ant to §§ 21.901(b) of this chapter or booster stations, ITFS signal booster 74.902(a). stations, MDS stations, and/or ITFS Equivalent Isotropically Radiated stations. Power (EIRP). The product of the power Response station hub license. A blan- supplied to the antenna and the an- ket license authorizing the operation tenna gain in a given direction relative of a single response station hub at a to an isotropic antenna radiator. This specific location and the operation of a product may be expressed in watts or specified number of associated digital dB above 1 watt (dBW). response stations of one or more class- Instructional television fixed station. A es at unspecified locations within one fixed station licensed to an educational or more regions of the response service organization and intended primarily area. for video, data, or voice transmissions Sectorization. The use of an antenna of instructional, cultural, and other system at an ITFS station, booster sta- types of educational material to one or tion and/or response station hub that is more fixed receiving locations. capable of simultaneously transmit- ITFS response station. A fixed station ting multiple signals over the same fre- operated by an ITFS licensee, the les- quencies to different portions of the see of ITFS channel capacity or a sub- service area and/or simultaneously re- scriber of either to communicate with ceiving multiple signals over the same a response station hub or associated frequencies from different portions of ITFS station. A response station under the service area. this part may share facilities with Signal booster station. An ITFS sta- other ITFS response stations and/or tion licensed for use in accordance with one or more Multipoint Distribution § 74.985 that operates on one or more Service (MDS) response stations au- ITFS channels. Signal booster stations

464

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.902

are intended to augment service as Channel No. Band limits part of a distributed transmission sys- MHz

tem where signal booster stations re- GROUP D transmit the signal of an ITFS station and/or originate information. A signal D±1 ...... 2554±2560 booster station licensed under this part D±2 ...... 2566±2572 D±3 ...... 2578±2584 may share facilities with other ITFS D±4 ...... 2590±2596 signal booster stations, MDS signal booster stations authorized pursuant GROUP E to § 21.913 of this chapter, MDS re- E±1 ...... 2596±2602 sponse stations and/or ITFS response E±2 ...... 2608±2614 stations. E±3 ...... 2620±2626 Studio to transmitter link (STL). A di- E±4 ...... 2632±2638 rectional path used to transmit a signal from a station’s studio to its trans- GROUP F mitter. F±1 ...... 2602±2608 Subsidiary channel: A subsidiary F±2 ...... 2614±2620 channel is any portion of an authorized F±3 ...... 2626±2632 channel not used for main channel F±4 ...... 2638±2644

transmissions. GROUP G Temporary fixed ITFS station. An ITFS station used for the transmission of G±1 ...... 2644±2650 material from temporary unspecified G±2 ...... 2656±2662 G±3 ...... 2668±2674 points to an ITFS station. G±4 ...... 2680±2686 Unattended operation. Operation of a station by automatic means whereby (b) Instructional Television Fixed the transmitter is turned on and off Stations authorized to operate on and performs its functions without at- Channels 2650–2656, 2662–2668, and 2674– tention by a designated person. 2680 MHz as of July 16, 1971, may con- [28 FR 13731, Dec. 14, 1963, as amended at 35 tinue to operate on a coequal basis FR 4705, Mar. 18, 1970; 48 FR 33901, July 26, with other stations operating in ac- 1983; 49 FR 32596, Aug. 15, 1984; 55 FR 46013, cordance with the Table of Frequency Oct. 31, 1990; 60 FR 55483, Nov. 1, 1995; 63 FR Allocations. Requests for subsequent 65113, Nov. 25, 1998] renewals or modification of existing licenses will be considered; however, ex- § 74.902 Frequency assignments. pansion of systems comprised of such (a) The following frequencies may be stations will not be permitted except assigned to instructional television on frequencies allocated for the serv- fixed stations: ice. (c) Channels 2596–2602, 2602–2608, 2608– Band limits Channel No. MHz 2614, 2614–2620, 2620–2626, 2626–2632, 2632– 2638, and 2638–2644 MHz and the cor- GROUP A responding 125 kHz channels listed in § 74.939(j) are shared with the A±1 ...... 2500±2506 A±2 ...... 2512±2518 Multipoint Distribution Service. No A±3 ...... 2524±2530 new Instructional Television Fixed A±4 ...... 2536±2542 Service applications for these channels filed after May 25, 1983 will be accepted, GROUP B except in accordance with paragraph (f) B±1 ...... 2506±2512 of this section. In those areas where B±2 ...... 2518±2524 Multipoint Distribution Service use of B±3 ...... 2530±2536 these channels is allowed, Instruc- B±4 ...... 2542±2548 tional Television Fixed Service users of GROUP C these channels will continue to be afforded protection from harmful co- C±1 ...... 2548±2554 channel and adjacent channel inter- C±2 ...... 2560±2566 C±3 ...... 2572±2578 ference from Multipoint Distribution C±4 ...... 2584±2590 Service stations, pursuant to § 21.902 of this chapter.

465

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00465 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.902 47 CFR Ch. I (10–1–99 Edition)

NOTE TO PARAGRAPH (C): § 74.931(a), and to transmit the requisite No 125 kHz channels are provided for Chan- minimum educational usage of § 74.931 nels E3, E4, F3 and F4, except for those (c) or (d) for genuinely educational pur- grandfathered. The 125 kHz channels associ- poses. ated with Channels E3, E4, F3 and F4 are al- (e) Frequencies in the bands 2500–2650 located to the Private Operational Fixed MHz, 2656–2662 MHz, 2668–2674 MHz, and Point-to-Point Microwave Service, pursuant to § 101.147(g) of this chapter. 2680–2686 MHz are available for point- (d) Frequencies will be assigned as to-multipoint use and/or for commu- follows: nications between ITFS response sta- (1) A licensee is limited to the assign- tions and response station hubs when ment of no more than four 6 MHz and authorized in accordance with the pro- four 125 kHz channels for use in a sin- visions of § 74.939, provided that such gle area of operation, all of which 6 frequencies may be employed for ITFS MHz channels initially should be se- response stations only when transmit- lected from the same Group listed in ting using digital modulation. paragraph (a) of this section, but which (f) An ITFS licensee or conditional li- later may come from different Groups censee may apply to exchange evenly as a result of authorized channel swaps one or more of its assigned channels pursuant to paragraph (f) of this sec- with another ITFS licensee or condition. An area of operation is defined as tional licensee in the same system, or the area 35 miles or less from the ITFS with an MDS licensee or conditional li- main station transmitter. Applicants censee in the same system where one shall not apply for more channels than or both parties utilizes digital trans- they intend to construct within a rea- missions or leases capacity to an oper- sonable time, simply for the purpose of ator which utilizes digital trans- reserving additional channels. The missions, except that an ITFS licensee number of channels authorized to an or conditional licensee may not ex- applicant will be based on the dem- change one of its assigned channels for onstration of need for the number of MDS channel 2A. The licensees or con- channels requested. The Commission ditional licensees seeking to exchange will take into consideration such fac- channels shall file in tandem with the tors as the amount of use of any cur- Commission separate pro forma assign- rently assigned channels and the ment of license applications, each at- amount of proposed use of each channel taching an exhibit which clearly speci- requested, the amount of, and justifica- fies that the application is filed pursu- tion for, any repetition in the sched- ant to a channel exchange agreement. ules, and the overall demand and avail- The exchanged channel(s) shall be reg- ability of ITFS channels in the com- ulated according to the requirements munity. For those applicant organizations formed for the purpose of serving applicable to the assignee; provided, accredited institutional or govern- however, that an ITFS licensee or con- mental organizations, evaluation of the ditional licensee which receives one or need will only consider service to those more E or F Group channels through a specified receive sites which submitted channel exchange with an MDS li- supporting documentation pursuant to censee or conditional licensee shall not § 74.932(a)(4). be subject to the restrictions on ITFS (2) An applicant leasing excess capac- licensees who were authorized to oper- ity and proposing a schedule which ate on the E or F Group channels prior complies in all respects with the re- to May 26, 1983. quirements of § 74.931 (c) or (d) will (g) A temporary fixed ITFS station have presumptively demonstrated may use any available ITFS channel on need, in accordance with paragraph a secondary basis. Operation of sta- (d)(1) of this section, for no more than tions located within 56.3 km (35 miles) four channels. This presumption is re- of Canada shall be limited by buttable by demonstrating that the ap- § 74.24(h)(3). plication does not propose to comport (h) Where adjacent channel operation with our educational usage require- is proposed in any area, the preferred ments, that is, to transmit some for- location of the proposed station’s mal educational usage, as defined in transmitting antenna is at the site of

466

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00466 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.903

the adjacent channel transmitting an- (k) The ITFS party to be moved will tenna. If this is not practicable, the ad- have a 60-day period in which to oppose jacent channel transmitting antennas the involuntary migration. The ITFS should be located as close as reason- party should state its opposition to the ably possible. migration with specificity, including (i) On the E and F-channel fre- engineering and other challenges, and a quencies, a point-to-point ITFS station comparison of the present site and the may be involuntarily displaced by an proposed new site. If involuntary mi- MDS applicant, conditional licensee or gration is granted, the new facilities licensee, provided that suitable alter- must be operational before the initi- native spectrum is available and that ating party will be permitted to begin the MDS entity bears the expenses of its new or modified operations. The mi- the migration. Suitability of spectrum gration must not disrupt the ITFS li- will be determined on a case-by-base censee’s provision of service, and the basis; at a minimum, the alternative ITFS licensee has the right to inspect spectrum must be licensable by ITFS the construction or installation work. operators on a primary basis (although [29 FR 7023, May 28, 1964, as amended at 31 it need not be specifically allocated to FR 10743, Aug. 12, 1966; 36 FR 11587, June 16, the ITFS service), and must provide a 1971; 48 FR 33901, July 26, 1983; 49 FR 32596, signal that is equivalent to the prior Aug. 15, 1984; 50 FR 26758, June 28, 1985; 55 FR signal in picture quality and reli- 46013, Oct. 31, 1990; 56 FR 57819, Nov. 14, 1991; ability, unless the ITFS licensee will 58 FR 44951, Aug. 25, 1993; 59 FR 35636, July accept an inferior signal. Potential ex- 13, 1994; 60 FR 20246, Apr. 25, 1995; 63 FR 65113, pansion of the ITFS licensee may be Nov. 25, 1998] considered in determining whether al- EFFECTIVE DATE NOTE: At 63 FR 65113, Nov. ternative available spectrum is suit- 25, 1998, § 74.902 was amended by redesig- able. nating paragraphs (f) through (j) as (g) through (k), revising paragraphs (c) through (j) If suitable alternative spectrum is (e) and adding a new paragraph (f). Para- located pursuant to paragraph (h) of graph (f) contains information collection and this section, the initiating party must recordkeeping requirements and will not be prepare and file the appropriate appli- effective until approved by the Office of cation for the new spectrum, and must Management and Budget. simultaneously serve a copy of the application on the ITFS licensee to be § 74.903 Interference. moved. The initiating party will be re- (a) Since interference in this service sponsible for all costs connected with will occur only when an unfavorable the migration, including purchasing, desired-to-undesired signal ratio exists testing and installing new equipment, at the antenna input terminals of the labor costs, reconfiguration of existing affected receiver, the directive prop- equipment, administrative costs, legal erties of receiving antennas can be and engineering expenses necessary to used to minimize the hazard of such in- prepare and file the migration applica- terference. Interference may also be tion, and other reasonable documented controlled through the use of directive costs. The initiating party must secure transmitting antennas, geometric ar- a bond or establish an escrow account rangement of transmitters and receiv- to cover reasonable incremental in- ers, and the use of the minimum power crease in ongoing expenses that may required to provide the needed service. fall upon the migrated licensee. The Harmful interference will be considered bond or escrow account should also ac- present when the reference receiving count for the possibility that the initi- antenna is oriented to receive the max- ating party subsequently becomes imum desired signal, and a free space bankrupt. If it becomes necessary for calculation determines that the de- the Commission to assess the suffi- sired-to-undesired signal ratio is less ciency of a bond or escrow amount, it than the value specified for the respec- will take into account such factors as tive channel under consideration. projected incremental increase in elec- (1) Cochannel interference is defined tricity or maintenance expenses, or re- as the ratio of the desired signal to the location expenses, as relevant in each undesired signal, at the output of a ref- case. erence receiving antenna oriented to

467

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.903 47 CFR Ch. I (10–1–99 Edition)

receive the maximum desired signal pattern characteristics of the antenna level. Harmful interference will be con- in use at the receive site under study. sidered present when a free space cal- If the actual receive antenna pattern is culation determines that this ratio is utilized, the applicant must submit less than 45 dB (both stations utilizing complete details including manufac- 6 MHz bandwidths). turer, model number(s), co-polar and (2) Adjacent channel interference is cross-polar gain patterns, and other defined as the ratio of the desired sig- pertinent data. nal to undesired signal present in an (4) If an application can demonstrate adjacent channel, at the output of a that the installation of a receiving an- reference receiving antenna oriented to tenna at an existing licensee’s site receive the maximum desired signal with characteristics superior to those level. of the standard antenna (or, alter- (i) Harmful interference will be con- natively, the appropriate existing an- sidered present when a free space cal- tenna in use at the site) will permit the culation determines that this ratio is applicant to provide service without in- less than 0 dB (both stations utilizing 6 terference to the existing licensee, the MHz bandwidths). application will be considered (ii) In the alternative, harmful inter- grantable with the condition that the ference will be considered present for applicant bears all costs of upgrading an ITFS station constructed before the existing licensee’s reception equip- May 26, 1983, when a free space calcula- ment at that site(s). Such a showing tion determines that this ratio is less should include interference calcula- than 10 dB (both stations utilizing 6 tions for both the existing or reference MHz bandwidths), unless: antenna and the proposed antenna. The (A) The individual receive site under manufacturer, model number(s), co- consideration has been subsequently polar and cross-polar gain patterns of upgraded with up-to-date reception the replacement antenna should be equipment, in which case the ratio supplied as well as an accurate assess- shall be less than 0 dB. Absent informa- ment of the expected reimbursement tion presented to the contrary, how- costs. ever, the Commission will assume that (5) No receive site more than 35 miles reception equipment installation oc- from the transmitter shall be entitled curred simultaneously with original to interference protection. station equipment; or (6) Notwithstanding the above, main, (B) The license for an ITFS station is booster and response stations shall use conditioned on the proffer to the af- the following formulas, as applicable, fected ITFS station licensee of equip- for determining compliance with: ment capable of providing a ratio of 0 (1) Radiated field contour limits dB or more at no expense to the ITFS where bandwidths other than 6 MHz are station licensee, and also conditioned, employed at stations utilizing digital if necessary, on the proffer of installa- modulation with uniform power spection of such equipment; and there has tral density; and been no showing by the affected ITFS (2) Cochannel and adjacent channel station licensee demonstrating good D/U ratios where the bandwidths in use cause and that the proposed equipment at the interfering and protected sta- will not provide a ratio of 0 dB or more, tions are unequal and both stations are or that installation of such equipment, utilizing digital modulation with uni- at no expense to the ITFS station li- form power spectral density or one sta- censee, is not possible or has not been tion is utilizing such modulation and proffered. the other station is utilizing either 6 (3) For purposes of this section and MHz NTSC analog modulation or 125 except as set forth in § 74.939 regarding kHz analog modulation (I channels the protection of response station only). hubs, all interference calculations in- (i) Contour limit: ¥73 dBW + 10 log volving receive antenna performance (X/6), where X is the bandwidth in MHz shall use the reference antenna charac- of the digital channel. teristics shown in Figure I, § 74.937(a) (ii) Cochannel D/U: 45 dB + 10 log (X1/ or, in the alternative, utilize the actual X2), where X1 is the bandwidth in MHz

468

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.910

of the protected channel and X2 is the (4) In lieu of the interference anal- bandwidth in MHz of the interfering yses required by paragraphs (b)(1) and channel. (2) of this section, an applicant may (iii) Adjacent channel D/U: 0 dB + 10 submit (a) statement(s) from the af- log (X1/X2), where X1 is the bandwidth fected cochannel or adjacent channel in MHz of the protected channel and X2 licensee(s) or conditional licensee(s) is the bandwidth in MHz of the inter- that any resulting interference is ac- fering channel. ceptable. (b) All applicants for instructional (5) Specific rules relating to response television fixed stations are expected station hubs, booster stations, and 125 to take full advantage of such directive kHz channels are set forth in §§ 21.909 of antenna techniques to prevent inter- this chapter, 21.913 of this chapter, ference to the reception of any existing 21.949 of this chapter, 74.939, 74.949 and or previously-proposed operational 74.985. To the extent those specific fixed, multipoint distribution, inter- rules are inconsistent with any rules national control or instructional tele- set forth above, those specific rules vision fixed station at authorized re- shall control. ceiving locations. Therefore, all appli- (c) Existing licensees, conditional li- cations for new or major changes must censees and prospective applicants, in- include an analysis of potential inter- cluding those who lease or propose to ference to all existing and previously- lease excess capacity pursuant to proposed stations in accordance with § 74.931(c) or (d), are expected to cooper- paragraph (a) of this section. An appli- ate fully and in good faith in attempt- cant for a new instructional television ing to resolve problems of potential in- fixed station or for changes in an exist- terference before bringing the matter ing ITFS facility or conditional license to the attention of the Commission. must include the following technical (d) Each authorized or previously- information with the application: proposed applicant, conditional li- (1) An analysis of the potential for censee, or licensee must be protected harmful interference with the receive from harmful electrical interference at sites registered as of September 17, each of its receive sites registered pre- 1998, and with the protected service viously as of September 17, 1998, and area, of any authorized or previously- within a protected service area as de- proposed cochannel station if: fined at § 21.902(d)(1) of this chapter and (i) The proposed transmitting an- in accordance with the reference re- tenna has an unobstructed electrical ceive antenna characteristics specified path to receive site(s) and/or the pro- at § 21.902(f) of this chapter. An ITFS tected service area of any other station entity which did not receive protected that utilizes, or would utilize, the same service area protection prior to Sep- frequency; or tember 17, 1998 shall be accorded such (ii) The proposed transmitter is with- protection by a cochannel or adjacent in 80.5 km (50 miles) of the coordinates channel applicant for a new station or of any such station. station modification, including a (2) An analysis of the potential for booster station, response station or re- harmful adjacent channel interference sponse station hub, where the appli- with the receive sites registered as of cant is required to prepare an analysis, September 17, 1998, and with the pro- study or demonstration of the poten- tected service area, of any authorized tial for harmful interference. or previously-proposed station if the [28 FR 13731, Dec. 14, 1963, as amended at 50 proposed transmitter is within 80.5 km FR 26758, June 28, 1985; 51 FR 9799, Mar. 21, (50 miles) of the coordinates of any sta- 1986; 58 FR 44951, Aug. 25, 1993; 60 FR 20246, tion that utilizes, or would utilize, an Apr. 25, 1995; 60 FR 57368, Nov. 15, 1995; 63 FR adjacent channel frequency. 65114, Nov. 25, 1998] (3) An analysis concerning possible adverse impact upon Mexican and Ca- § 74.910 Part 73 application require- nadian communications if the station’s ments pertaining to ITFS stations. transmitting antenna is to be located The following rules are applicable to within 80.5 km (50 miles) of the border. ITFS stations.

469

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.911 47 CFR Ch. I (10–1–99 Edition)

Sec. days after the acceptance of any other 73.3500 Application and report forms. application for modification of facili- 73.3511 Applications required. ties, advise the applicant that such ap- 73.3512 Where to file; number of copies. 73.3513 Signing in applications. plication is considered to be one for a 73.3514 Content of applications. major change, and subject to the provi- 73.3517 Contingent applications. sions of paragraph (c) of this section. 73.3519 Repetitious applications. (2) The second group consists of ap- 73.3522(a) Amendment of applications. plications for licenses and all other 73.3533 Application for construction permit or modification of construction permit. changes in the facilities of authorized 73.3534 Application for extension of con- stations. struction permit or for construction per- (b) A new file number will be as- mit to replace expired construction per- signed to an application for a new sta- mit. tion or for major changes in the facili- 73.3536 Application for license to cover con- ties of an authorized station, when it is struction permit. 73.3542 Application for temporary or emer- amended so as to effect a major gency authorization. change, as defined in paragraph (a)(1) 73.3561 Staff consideration of applications of this Section, or result in a situation requiring Commission action. where the original party or parties to 73.3562 Staff consideration of applications the application do not retain control of not requiring action by the Commission. the applicant as originally filed. An ap- 73.3597(c)(2) Procedures on transfer and as- plication for change in the facilities of signment applications. 73.3566 Defective applications. any existing station will continue to 73.3568 Dismissal of applications. carry the same file number even 73.3587 Procedure for filing objections. though (pursuant to Commission ap- 73.3598 Period of construction. proval) an assignment of license or 73.3599 Forfeiture of construction permit. transfer of control of such licensee or 73.5000–73.5006 Competitive Bidding Proce- permittee has taken place if, upon con- dures. The applicability of other rules in summation, the application is amended part 73, where appropriate, is not pre- to reflect the new ownership. cluded by this section. (c)(1)(i) The FCC will specify by Pub- lic Notice, pursuant to § 73.5002, a pe- [50 FR 26759, June 28, 1985, as amended at 60 riod for filing ITFS applications for a FR 20247, Apr. 25, 1995; 63 FR 48632, Sept. 11, new station or for major modifications 1998] in the facilities of an authorized sta- § 74.911 Processing of ITFS station ap- tion. (ii) Such ITFS applicants shall be plications. subject to the provisions of §§ 1.2105 and (a) Application for ITFS stations are the ITFS competitive bidding proce- divided into two groups: dures. See 47 CFR 73.5000 et seq. (1) In the first group are applications (2) [Reserved] for new stations or major changes in (d) Notwithstanding any other provi- the facilities of authorized stations. sions of this part, effective as of Sep- These applications are subject to the tember 17, 1998, there shall be one one- provisions of paragraph (c) of this sec- week window, at such time as the Com- tion. A major change for an ITFS sta- mission shall announce by public no- tion will be any proposal to add new tice, for the filing of applications for channels, change from one channel (or high-power signal booster station, re- channel group) to another except as sponse station hub, and I channels provided for in § 74.902(f), change polar- point-to-multipoint transmissions li- ization, increase the EIRP in any direc- censes, during which all applications tion by more than 1.5 dB, increase the shall be deemed to have been filed as of transmitting antenna height by 25 feet the same day for purposes of §§ 74.939 or more, or relocate a facility’s trans- and 74.985. Following the publication of mitter site by 10 miles or more. Appli- a public notice announcing the ten- cations submitted pursuant to §§ 74.939 dering for filing of applications sub- and 74.985 shall not be considered major mitted during that window, applicants change applications. However, the shall have a period of sixty (60) days to Commission may, within 15 days after amend their applications, provided the acceptance of an application, or 15 such amendments do not result in any

470

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.931

increase in interference to any pre- ITFS licensees, or for assignments of viously-proposed or authorized station, ITFS station licenses, must be filed not or to facilities proposed during the later than 30 days after issuance of a window, absent consent of the appli- public notice of the acceptance for fil- cant for or conditional licensee or li- ing of the transfer or assignment appli- censee of the station that would re- cation. In the case of applications for ceive such additional interference. At renewal of license, petitions to deny the conclusion of that sixty (60) day pe- may be filed after the issuance of a riod, the Commission shall publish a public notice of acceptance for filing of public notice announcing the accept- the applications and up until the first ance for filing of all applications sub- day of the last full calendar month of mitted during the initial window, as the expiring license term. Any party in amended during the sixty (60) day pe- interest may file a petition to deny any riod. All petitions to deny such appli- notification regarding a low power cations must be filed within sixty (60) ITFS signal booster station, within the days of such second public notice. On 60 day period provided for in § 74.985(e). the sixty-first (61st) day after the pub- (b) The applicant or notifier may file lication of such second public notice, an opposition to any petition to deny, applications for new or modified re- and the petitioner a reply to such oppo- sponse station hub and booster station sition in which allegations of fact or licenses may be filed and will be proc- denials thereof shall be supported by essed in accordance with the provisions affidavit of a person or persons with of §§ 74.939 and 74.985. Notwithstanding personal knowledge thereof. Except paragraph (d) of this section, each application submitted during the initial with regard to petitions to deny window shall be granted on the sixty- against the long-form applications of first (61st) day after the Commission ITFS auction winners, the times for fil- shall have given such public notice of ing such oppositions and replies shall its acceptance for filing, unless prior to be those provided in § 1.45 of this chap- such date either a party in interest ter. timely files a formal petition to deny [64 FR 24527, May 7, 1999] or for other relief pursuant to § 74.912, or the Commission notifies the appli- § 74.931 Purpose and permissible serv- cant that its application will not be ice. granted. Where an application is grant- (a)(1) Instructional television fixed ed pursuant to the provisions of this stations are intended primarily to pro- paragraph, the conditional licensee or vide a formal educational and cultural licensee shall maintain a copy of the development in aural and visual form, application at the transmitter site or to students enrolled in accredited pub- response station hub until such time as lic and private schools, colleges and the Commission issues a license. universities. Authorized instructional [50 FR 26759, June 28, 1985, as amended at 60 television fixed station channels must FR 20247, Apr. 25, 1995; 63 FR 48632, Sept. 11, be used to transmit formal educational 1998; 63 FR 65115, Nov. 25, 1998] programming offered for credit to en- EFFECTIVE DATE NOTE: At 63 FR 65115, Nov. rolled students of accredited schools, 25, 1998, § 74.911 was amended by revising with limited exceptions as set forth in paragraph (a)(1) and adding a new paragraph paragraph (e)(9) of this section and (d). Paragraph (d) contains information collection and recordkeeping requirements and Secs. 74.990 through 74.992. will not be effective until approved by the (2) All applicants that do not list ac- Office of Management and Budget. credited schools as receive sites must name the school(s) and the degree(s) or § 74.912 Petitions to deny. diploma(s) for which the formal pro- (a) Petitions to deny against the gramming will be offered and describe long-form applications filed by winning the administration of the course(s). bidders in ITFS auctions must be filed They must submit documentation, in accordance with § 73.5006 of this written or signed by the authorities re- chapter. Petitions to deny against ap- sponsible for the schools’ curricula, plications for transfers of control of verifying each of these points.

471

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00471 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.931 47 CFR Ch. I (10–1–99 Edition)

(b) Such stations may also be used least 40 hours per week, including at for the additional purpose of transmit- least 6 hours per weekday (Monday ting other visual and aural edu- through Friday), excluding holidays cational, instructional and cultural and vacation days, for ITFS purposes material to selected receiving loca- on that channel. The 40-hour preserva- tions, including in-service training and tion may consist of airtime strictly re- instruction in special skills and safety served for ITFS use and not used for programs, extension of professional non-ITFS programming, or of time training, informing persons and groups used for non-ITFS programming but engaged in professional and technical subject to ready recapture by the li- activities of current developments in censee for ITFS use with no economic their particular fields, and other simi- or operational detriment of the li- lar endeavors. censee. At least 20 hours per week of (c) During periods when the circuits the preserved time on each channel provided by these stations are not must be used for ITFS programming, being used for the transmission of in- including at least 3 hours per weekday, structional and cultural material, they excluding holidays and vacation days, may be used for the transmission of except as provided in paragraph (e)(3) material directly related to the admin- of this section. Only ITFS program- istrative activities of the licensee such ming and preserved airtime scheduled as the holding of conferences with per- between 8 a.m. and 10 p.m. Monday sonnel, distribution of reports and as- through Saturday, will qualify to meet signments, exchange of data and statis- these requirements. tics, and other similar uses. Stations (2) If the time or capacity leased is to will not be licensed in this service sole- be used for ‘‘wireless cable’’ operations, ly for the transmission of administra- before leasing excess capacity on any tive traffic. one channel, the licensee must provide (d) Stations may be licensed in this at least 20 hours per week of ITFS pro- service as originating or relay stations gramming on that channel, except as to interconnect instructional tele- provided in paragraph (e)(3) of this sec- vision fixed stations in adjacent areas, tion. All hours not used for ITFS pro- to deliver instructional and cultural material to, and obtain such material gramming may be leased to a ‘‘wireless from, commercial and noncommercial cable’’ operator. An additional 20 hours educational television broadcast sta- per week per channel must be reserved tions for use on the instructional tele- for recapture by the ITFS licensee for vision fixed system, and to deliver in- its ITFS programming, subject to one structional and cultural material to, year’s advance, written notification by and obtain such material from, nearby the ITFS licensee to its ‘‘wireless terminals or connection points of cable’’ lessee. These hours of recapture closed circuit educational television are not restricted as to time of day or systems employing wired distribution day of the week, but may be estab- systems or radio facilities authorized lished by negotiations between the under other parts of this chapter, or to ITFS licensee and the ‘‘wireless cable’’ deliver instructional and cultural ma- lessee. terial to any CATV system serving a (3) For the first two years of oper- receiving site or sites which would be ation, an ITFS entity may lease excess eligible for direct reception of ITFS capacity if it provides ITSF program- signals under the provisions of para- ming at least 12 hours per channel per graphs (a) and (b) of this section. week, including up to four hours of (e) A licensee may use excess capac- ITFS usage per day. ity on each channel to transmit mate- (4) The licensee may schedule the rial other than the ITFS subject mat- ITFS programming and use automatic ter specified in paragraphs (a), (b), (c), channel switching equipment so as to and (d) of this section subject to the employ channel mapping technology to following conditions: lease to a ‘‘wireless cable’’ operator. (1) If the time or capacity leased is However, an ITFS applicant should re- not to be used for ‘‘wireless cable’’ op- quest only as many channel as it needs erations, the licensee must preserve at to fulfill its educational requirements.

472

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00472 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.931

(5) All of the capacity available on under the provisions of paragraph (a), any subsidiary channel of any author- (b), (d) or (e) of this section. ized channel may be used for the trans- (h) Except as specified in paragraphs mission of material to be used by oth- (i) and (j) of this section, no licensee of ers. a station in this service may lease (6) When an ITFS licensee makes ca- transmission time or capacity to any pacity available on a common carrier cable television company either di- basis, it will be subject to common car- rectly or indirectly through an affiliate rier regulation. A licensee operating as owned, operated, controlled by, or a common carrier is required to apply under common control with the cable for the appropriate authorization and television company, if the ITFS main to comply with all policies and rules transmitter station is within 32 km (20 applicable to that service. Responsi- miles) of the cable television com- bility for making the initial deter- pany’s franchise area or service area, mination of whether a particular activ- and if the cable television company is ity is common carriage rests with the the sole provider of cable television ITFS licensee. Initial determinations service in the franchise area. by the licensees are subject to Commis- (i)(1) A cable television company sion examination and may be reviewed shall be exempt from the provisions of at the Commission’s discretion. paragraph (h) of this section if its fran- (7) An ITFS applicant, permittee, or chise area contains none of the fol- licensee may use an omnidirectional lowing: antenna to facilitate the leasing of ex- (i) Any incorporated place of 2,500 in- cess capacity to ‘‘wireless cable’’ oper- habitants or more, or any part thereof; ators. (ii) Any unincorporated place of 2,500 (8) Leasing activity may not cause inhabitants or more, or any part there- unacceptable interference to cochannel of; or and adjacent-channel operations. (iii) Any other territory, incor- (9) A licensee may shift its requisite porated or unincorporated, included in ITFS programming onto fewer than its an urbanized area. authorized number of channels, via (2) All population statistics and defi- channel mapping technology or chan- nitions used in qualifying for this ex- nel loading, so that it can lease full- emption shall be the most recent avail- time channel capacity to a wireless able from the U.S. Department of Com- cable operator, subject to the condition merce, Bureau of the Census. In no that it provide a total average of at event shall any statistics resulting least 20 hours per channel per week of from censuses prior to 1980 be used. The ITFS programming on its authorized Census Bureau has defined some incor- channels. The licensee also retains the porated places of 2,500 inhabitants or unabridgeable right to recapture, sub- more as ‘‘extended cities.’’ Such cities ject to six months’ written notification consist of an urban part and rural part. to the wireless cable operator, an aver- (3) If the cable operator’s franchise age of an additional 20 hours per chan- area includes a rural part of an ex- nel per week for simultaneous pro- tended city, but includes no other ter- gramming on the number of channels ritory described in this paragraph, an for which it is authorized. The licensee exemption shall apply. may agree to the transmission of this recapture time on channels not author- NOTE 1: In applying the provisions of para- ized to it, but which are included in the graphs (h) and (i) of this section, an attrib- wireless system of which it is a part. utable ownership interest shall be defined by (f) Material transmitted by these sta- reference to the Notes contained in §thnsp;21.912. tions may be intended for simultaneous reception and display or may be re- (j) The provisions of paragraph (h) of corded by authorized users for use at this section will not apply to ITFS ex- another time. cess capacity leased directly or indi- (g) On a secondary basis, an ITFS rectly to cable operators or affiliates station may be operated as a tem- to provide locally-produced program- porary fixed station from temporary ming to cable headends. Locally-pro- unspecified points to an ITFS station duced programming is programming

473

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00473 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.932 47 CFR Ch. I (10–1–99 Edition)

produced in or near the cable opera- nating paragraphs (f) through (k) as (e) tor’s franchise area and not broadcast through (j), revising paragraphs (a), (b) and on a television station available within (c), and adding a new paragraph (d), however, that franchise area. A cable operator or (b) and (c) already exist. These amendments affiliate will be permitted to lease contain information collection and record- ITFS excess capacity equivalent to one keeping requirements which are not effective MDS channel within 32 km (20 miles) of until the Office of Management and Budget approves them. the cable television franchise area or service area for this purpose, and, with- EFFECTIVE DATE NOTE: At 64 FR 50646, in 32 km (20 miles) of the cable tele- Sept. 17, 1999, § 74.931 was amended by adding vision franchise area or service area, Note 1 to paragraph (i), effective Nov. 16, no more ITFS excess capacity than the 1999. equivalent of one MDS channel may be used by a cable television company or § 74.932 Eligibility and licensing re- affiliate pursuant to this paragraph. quirements. The licensee for a cable operator pro- (a) With certain limited exceptions viding local programming pursuant to set forth in §§ 74.990 through 74.992 of a lease must include in a notice filed this part, a license for an instructional with the Mass Media Bureau a cover television fixed station will be issued letter explicitly identifying its lessee only to an accredited institution or to as a local cable operator or affiliate a governmental organization engaged and stating that the lease was executed in the formal education of enrolled stu- to facilitate the provision of local pro- dents or to a nonprofit organization gramming. The first lease notification whose purposes are educational and infor an MDS or ITFS channel in an area clude providing educational and in- filed with the Commission will be entitled to the exemption. The limitations structional television material to such on the equivalent of one MDS channel accredited institutions and govern- per party and per area include any mental organizations, and which is cable/ITFS operations grandfathered otherwise qualified under the statutory pursuant to paragraph (k) of this sec- provisions of the Communications Act tion or any cable/MDS operations of 1934, as amended. grandfathered pursuant to § 21.912(f) of (1) Only local applicants can file ap- this chapter. Local programming serv- plications and be considered for li- ice pursuant to a lease must be pro- censes during the local priority period, vided within one year of the date of the which extends for one year from the ef- lease or one year of the grant of the li- fective date of these rules. censee’s application for the leased (i) During this local priority period, channel(s), whichever is later. the existing of any outstanding appli- (k) Lease arrangements between cation for ITFS channels by a nonlocal cable and ITFS entities for which a applicant will not prevent the filing lease or a firm agreement was signed and/or grant of an application by a prior to February 8, 1990, will not be subject to the prohibitions of para- local entity for those same channels. graph (h) of this section. Leases be- (2) A publicly supported educational tween cable television entities and institution must be accredited by the ITFS entities executed on February 8, appropriate state department of edu- 1990, or thereafter, are invalid. cation. (3) A privately controlled educational [28 FR 13731, Dec. 14, 1963, as amended at 33 FR 15424, Oct. 17, 1968; 48 FR 33901, July 26, institution must be accredited by the 1983; 49 FR 27151, July 2, 1984; 49 FR 32596, appropriate state department of edu- Aug. 15, 1984; 50 FR 26760, June 28, 1985; 51 FR cation or the recognized regional and 9800, Mar. 21, 1986; 55 FR 46013, Oct. 31, 1990; national accrediting organizations. 56 FR 57600, Nov. 13, 1991; 56 FR 57819, Nov. 14, (4) Those applicant organizations 1991; 56 FR 65191, Dec. 16, 1991; 58 FR 34378, June 25, 1993; 58 FR 44951, Aug. 25, 1993; 59 FR whose eligibility is established by serv- 35636, July 13, 1994; 64 FR 50646, Sept. 17, 1999] ice to accredited institutional or governmental organizations must submit EDITORIAL NOTE: At 63 FR 65116, Nov. 25, 1998, § 74.931 was amended by redesignating documentation from proposed receive paragraphs (d) and (e) as (b) and (c), redesig-

474

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00474 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 74.932

sites demonstrating they will receive plication for modification shall be filed and use the applicant’s formal edu- to delete such channel(s). cational programming. In place of this (e) No receive site more than 35 miles documentation, a state educational from the transmitter site shall be used television (ETV) commission may dem- to establish basic eligibility. onstrate that the public schools it pro- NOTE 1: A ‘‘local’’ licensee (or applicant) is poses to serve are required to use its an institution or organization that is phys- proposed formal educational program- ically located in the community, or metro- ming. politan area, where service is proposed. For a (5) Nonlocal applicants, in addition college or university, this would include any to submitting letters from proposed re- area where it has a campus. An educational ceive sites, must demonstrate the es- organization will generally be regarded as tablishment of a local program com- ‘‘local’’ if the address of the organization’s mittee in each community where they headquarters is located within the area apply. where the facility is sought. An entity cre- (b) No numerical limit is placed on ated by a state or local government for the purpose of serving formal educational needs the number of stations which may be will be considered ‘‘local’’ throughout the licensed to a single licensee. However, area within the government’s jurisdiction individual licensees will be governed by over which its authority is intended to ex- the limitations of §§ 74.902 and 74.990(d) tend. An educational entity located within a of this part as to the number of chan- state and created by affiliated educational nels which may be used. A single li- institutions within that state, including hos- cense may be issued for more than one pitals, will be considered ‘‘local’’ in those transmitter if they are to be located at areas where the member institutions are lo- a common site and operated by the cated. same licensee. Applicants are expected NOTE 2: Documentation from proposed re- to accomplish the proposed operation ceive sites which are to establish the eligi- by the use of the smallest number of bility of an entity not serving its own en- channels required to provide the need- rolled students for credit should be in letter ed service. form, written and signed by an adminis- (c) An application for a new instruc- trator or authority who is responsible for the receive site’s curriculum planning. The ad- tional television fixed station or for ministrator must indicate that the appli- changes in the facilities of an existing cant’s program offerings have been viewed station shall specify the location of the and that such programming will be incor- transmitter, all proposed receiving in- porated in the site’s curriculum. The letter stallations, response transmitters, and should discuss the types of programming and any relay transmitters which will be hours per week of formal and informal pro- under the control of or will be equipped gramming expected to be used and the site’s for reception by the applicant. If recep- involvement in the planning, scheduling and tion is also intended at unspecified lo- production of programming. If other levels of cations, i.e., if power is deliberately ra- authority must be obtained before a firm diated to locations or areas so that vol- commitment to utilize the service can be untary reception will be possible, the made, the nature and extent of such addi- applications shall include a complete tional authorization(s) must be provided. statement as to the purpose of such ad- NOTE 3: Letters submitted on behalf of a nonlocal entity must confirm that a member ditional reception. of the receive site’s staff will serve on the (d) In case of permanent discontinu- local program committee and demonstrate a ance of operation of a station licensed recognition of the composition and power of under this subpart, authority to oper- the committee. The letter should show that ate is forfeited and the licensee shall the staff member will aid in the selection, forward the station license to the Com- scheduling and production of the program- mission for cancellation. For the pur- ming received over the system. poses of this section, a station which is [28 FR 13731, Dec. 14, 1963, as amended at 36 not operated for a period of one year is FR 8873, May 14, 1971; 49 FR 32596, Aug. 15, considered to have been permanently 1984; 50 FR 26760, June 28, 1985; 51 FR 9800, discontinued. If use of a channel(s) is Mar. 21, 1986; 56 FR 57819, Nov. 14, 1991; 58 FR discontinued, authority to operate on 44951, Aug. 25, 1993; 60 FR 20247, Apr. 25, 1995] such channel(s) is forfeited and an ap-

475

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00475 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.933 47 CFR Ch. I (10–1–99 Edition)

§ 74.933 Remote control operation. be authorized, if an applicant demonstrates that the requested power in- Licensed ITFS stations may be oper- crease will not cause harmful inter- ated by remote control without further ference to any authorized or pre- authority. viously-proposed co-channel or adja- [52 FR 3806, Feb. 6, 1987] cent-channel station with a transmitter site within 80.5 km (50 miles) of § 74.934 Unattended operation. the applicant’s transmitter site, or if Unattended operation of licensed an applicant demonstrates that: ITFS stations is permitted without fur- (1) A station, that must be protected ther authority. from interference, potentially could (a) An unattended relay station may suffer interference that would be elimi- be employed to receive and retransmit nated by increasing the power of the signals of another station provided interfered-with station; and that the transmitter is equipped with (2) That the interfered-with station circuits which permit it to radiate only may increase its own power consistent when the signal intended to be retrans- with the rules; and mitted is present at the receiver input (3) The applicant requesting author- terminals. ization of a power increase agrees to pay all expenses associated with the in- [52 FR 3806, Feb. 6, 1987] crease in power to the interfered-with station. § 74.935 Power limitations. (d) For television transmission, the (a) The maximum EIRP of an ITFS peak power of the accompanying aural main or booster station shall not ex- signal must not exceed 10 percent of ceed 33 dBW (or, when digital modula- the peak visual power of the trans- tion with uniform power spectral den- mitter. The Commission may order a sity and subchannels or superchannels, reduction in aural signal power to di- or 125 kHz channels, are used, the ap- minish the potential for harmful inter- propriately adjusted value based upon ference. the ratio of 6 MHz to the subchannel or [55 FR 46013, Oct. 31, 1990, as amended at 58 superchannel, or 125 kHz, bandwidth), FR 44951, Aug. 25, 1993; 63 FR 65117, Nov. 25, except as provided in paragraph (b) of 1998] this section. (b) If a main or booster station § 74.936 Emissions and bandwidth. sectorizes or otherwise uses one or (a) An ITFS station may employ am- more transmitting antennas with a plitude modulation (C3F) for the trans- non-omnidirectional horizontal plane mission of the visual signal and fre- radiation pattern, the maximum EIRP quency modulation (F3E) or (G3E) for over a 6 MHz channel in dBW in a given the transmission of the aural signal direction shall be determined by the when transmitting a standard analog following formula: television signal. Quadrature ampli- EIRP = 33 dBW + 10 log (360/beamwidth) tude modulation, digital vestigial mod- [where 10 log (360/beamwidth) ≤ 6 ulation, quadrature phase shift key dB] modulation and code division multiple Beamwidth is the total horizontal access emissions may be employed, plane beamwidth of the individual subject to compliance with the policies transmitting antenna for the station or set forth in the Declaratory Ruling and any sector measured at the half-power Order, 11 FCC Rcd 18839 (1996). The li- points. The first term of the equation censee may subchannelize its author- above, 33 dBW, must be adjusted appro- ized bandwidth, provided that digital priately based upon the ratio of 6 MHz modulation is employed and the aggre- to the subchannel or superchannel, or gate power does not exceed the author- 125 kHz, bandwidth. ized power for the channel, and may (c) An increase in station transmitter utilize all or a portion of its authorized power, above currently-authorized or bandwidth for ITFS response stations previously-proposed values, to the authorized pursuant to § 74.939. The li- maximum values provided in para- censee may also, jointly with affected graphs (a) and (b) of this section, may adjacent channel licensees, transmit

476

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.936

utilizing bandwidth in excess of its au- based upon the ratio of the channel-to- thorized frequencies, provided that dig- subchannel bandwidths) employing digital modulation is employed, all power ital modulation shall be attenuated at spectral density requirements set forth the 6 MHz channel edges at least 25 dB in this part are met and the out-of- relative to the licensed average 6 MHz band emissions restrictions set forth in channel power level, then attenuated 74.936 are met at the edges of the chan- along a linear slope to at least 40 dB at nels employed. The wider channels 250 kHz beyond the nearest channel thus created may be redivided to create edge, then attenuated along a linear narrower channels. slope from that level to at least 60 dB (b) Notwithstanding the above, any at 3 MHz above the upper and below the digital emission which meets the uni- lower licensed channel edges, and at- form power spectral density require- tenuated at least 60 dB at all other fre- ments of the Declaratory Ruling and quencies. Notwithstanding the fore- Order may be used in the following cir- going, in situations where an ITFS sta- cumstances: tion or booster station transmits, or (1) At any ITFS main or booster sta- where adjacent channel licensees joint- tion transmitter which is located more ly transmit, a single signal over more than 160.94 km (100 miles) from the than one contiguous 6 MHz channel nearest boundary of all cochannel and utilizing digital modulation with an adjacent channel ITFS and MDS pro- EIRP in excess of ¥9 dBW (or, when tected service areas, including Basic subchannels or superchannels are used, Trading Areas and Partitioned Service the appropriately adjusted value based Areas; and upon the ratio of 6 MHz to the sub- (2) At all ITFS response station channel or superchannel bandwidth), transmitters within a response service the maximum out-of-band power shall area if all points along the response be attenuated at the channel edges of service area boundary line are more those combined channels at least 25 dB than 160.94 km (100 miles) from the relative to the power level of each nearest boundary of all cochannel and channel, then attenuated along a linear adjacent channel ITFS and MDS pro- slope from that level to at least 40 dB tected service areas, including Basic at 250 kHz above or below the channel Trading Areas and Partitioned Service edges of those combined channels, then Areas; and attenuated along a linear slope from (3) At any ITFS transmitter where that level to at least 60 dB at 3 MHz all parties entitled by this part to in- above the upper and below the lower terference protection from that trans- edges of those combined channels, and mitter have mutually consented to the attenuated at least 60 dB at all other use at that transmitter of such emis- frequencies. However, should harmful sions. interference occur as a result of emis- (c) The maximum out-of-band power sions outside the assigned channel, ad- of an ITFS station transmitter or ditional attenuation may be required. booster transmitting on a single 6 MHz A transmitter licensed prior to Novem- channel with an EIRP in excess of ¥9 ber 1, 1991, that remains at the station dBW employing analog modulation site initially licensed, and does not shall be attenuated at the channel comply with this paragraph, may con- edges by at least 38 dB relative to the tinue to be used for its life if it does peak visual carrier, then linearly slop- not cause harmful interference to the ing from that level to at least 60 dB of operation of any other licensee. Any attenuation at 1 MHz below the lower non-conforming transmitter replaced band edge and 0.5 MHz above the upper after November 1, 1991, must be re- band edge, and attenuated at least 60 placed by a transmitter meeting the re- dB at all other frequencies. The max- quirements of this paragraph. imum out-of-band power of an ITFS (d) A booster transmitting on mul- station transmitter or booster trans- tiple contiguous or non-contiguous mitting on a single 6 MHz channel or a channels carrying separate signals (a portion thereof with an EIRP in excess ‘‘broadband’’ booster) with an EIRP in of ¥9 dBW (or, when subchannels are excess of ¥9 dBW per 6 MHz channel used, the appropriately adjusted value and employing analog, digital or a

477

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.936 47 CFR Ch. I (10–1–99 Edition)

combination of these modulations shall edges, then linearly sloping from that have the following characteristics: level to at least 50 dB of attenuation at (1) For broadband boosters operating 3.0 MHz above and below the occupied in the frequency range of 2.150–2.160/2 channel edges, and attenuated at least GHz, the maximum out-of-band power 50 dB at all other unoccupied fre- shall be attenuated at the upper and quencies. lower channel edges forming the band (e) Boosters operating with an EIRP edges by at least 25 dB relative to the less than ¥9 dBW per 6 MHz channel licensed analog peak visual carrier or shall have no particular out-of-band digital average power level (or, when power attenuation requirement, except subchannels are used, the appro- that if they cause harmful inter- priately adjusted value based on upon ference, their operation shall be termi- the ratio of the channel-to-subchannel nated within 2 hours of notification by bandwidths), then linearly sloping from the Commission until the interference that level to at least 40 dB of attenu- can be cured. ation at 0.25 MHz above and below the (f) The maximum out-of-band power band edges, then linearly sloping from of an ITFS response station using all that level to at least 60 dB of attenu- or part of a 6 MHz channel and employ- ation at 3.0 MHz above and below the ing digital modulation shall be attenu- band edges, and attenuated at least 60 ated at the 6 MHz channel edges at dB at all other frequencies. least 25 dB relative to the licensed av- (2) For broadband boosters operating erage 6 MHz channel power level, then in the frequency range of 2.500–2.690 attenuated along a linear slope to at GHz, the maximum out-of-band power least 40 dB at 250 kHz beyond the near- shall be attenuated at the upper and est channel edge, then attenuated lower channel edges forming the band along a linear slope from that level to edges by at least 25 dB relative to the at least 60 dB at 3 MHz above the upper licensed analog peak visual carrier or and below the lower licensed channel digital average power level (or, when edges, and attenuated at least 60 dB at subchannels are used, the appro- all other frequencies. Where ITFS re- priately adjusted value based on upon sponse stations with digital modula- the ratio of the channel-to-subchannel tion utilize all or part of more than one bandwidths), then linearly sloping from contiguous 6 MHz channel to form a that level to at least 40 dB of attenu- larger channel (e.g., a channel of width ation at 0.25 MHz above and below the 12 MHz), the above-specified attenu- band edges, then linearly sloping from ations shall be applied only at the that level to at least 50 dB of attenu- upper and lower edges of the overall ation at 3.0 MHz above and below the combined channel. Notwithstanding band edges, then linearly sloping from these provisions, should harmful inter- that level to at least 60 dB of attenu- ference occur as a result of emissions ation at 20 MHz above and below the outside the assigned channel(s), addi- band edges, and attenuated at least 60 tional attenuation may be required by dB at all other frequencies. the Commission. (3) Within unoccupied channels in the (g) The requirements of § 73.687(c)(2) frequency range of 2.500–2.690 GHz, the will be considered to be satisfied inso- maximum out-of-band power shall be far as measurements of operating attenuated at the upper and lower power are concerned if the transmitter channel edges of an unoccupied channel is equipped with instruments for deter- by at least 25 dB relative to the li- mining the combined visual and aural censed analog peak visual carrier operating power. However, licensees power level or digital average power are expected to maintain the operating level of the occupied channels (or, powers within the limits specified in when subchannels or 125 kHz channels § 74.935. Measurements of the separate are used, the appropriately adjusted visual and aural operating powers must value based upon the ratio of the chan- be made at sufficiently frequent inter- nel-to-subchannel bandwidths), then vals to insure compliance with the linearly sloping from that level to at rules, and in no event less than once a least 40 dB of attenuation at 0.25 MHz month. However, the provisions of above and below the occupied channel § 73.687(c)(2) and of this paragraph shall

478

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00478 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.937

not be applicable to ITFS response sta- the purpose of interference calculations or to low power ITFS booster stations, except as set forth in § 74.939, the tions authorized pursuant to § 74.985(e). general characteristics of the reference (h) Compliance with the out-of-band receiving antenna shown in Figure I of emissions limitations shall be estab- this section (i.e., a 0.6 meter (2 foot) lished in accordance with § 21.908(e) of parabolic reflector antenna) are as- this chapter. sumed to be used in accordance with [63 FR 65117, Nov. 25, 1998] the provisions of § 74.903(a)(3) unless EFFECTIVE DATE NOTE: At 63 FR 65117, Nov. pertinent data is submitted of the ac- 25, 1998, § 74.936 was revised. Paragraphs (b)(3) tual antenna in use at the receive site. and (g) contain information collection and Licensees may install receiving anten- recordkeeping requirements and will not be nas with general characteristics supe- effective until approved by the Office of rior to those of the reference receive Management and Budget. antenna. Nevertheless, should inter- § 74.937 Antennas. ference occur and it can be demonstrated by an applicant that the ex- (a) In order to minimize the hazard of harmful cochannel and adjacent chan- isting antenna at the receive site is in- nel interference from other stations, appropriate, a more suitable yet prac- directive receiving antennas should be tical receiving antenna should be in- used at all receiving locations other stalled. In such cases, the modification than response station hubs. The choice of the receive site will be in the discre- of receiving antennas is left to the dis- tion, and will be the responsibility, of cretion of the licensee. However, for the licensee serving the site.

479

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00479 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.937 47 CFR Ch. I (10–1–99 Edition)

480

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00480 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.939

(b) Except as set forth in § 74.931 (c)(4) § 74.936 are met at the edges of the and (d)(3), directive transmitting an- channels employed. tennas shall be used whenever feasible [63 FR 65119, Nov. 25, 1998] so as to minimize interference to other licensees. The radiation pattern shall § 74.939 ITFS response stations. be designed to minimize radiation in (a) An ITFS response station is au- directions where no reception is in- thorized to provide communication by tended. When an ITFS station is used voice, video and/or data signals with its for point-to-point service, an appro- associated ITFS response station hub priate directional antenna must be or associated ITFS station. An ITFS used. response station may be operated only (c) The use of elevated receiving an- by the licensee of the ITFS station, by tennas is preferable to the use of ele- any person or entity authorized by the vated transmitting antennas or greater ITFS licensee to receive point-to- power to provide the desired service. multipoint transmissions over its (d) The use of vertical or horizontal channels, by any lessee of excess capac- plane polarization or right-hand or ity, or by a subscriber of any lessee of left-hand rotating (circular) polariza- excess capacity. The authorized chan- tion may be used to minimize the haz- nel may be divided to provide distinct ard of harmful interference between subchannels for each of more than one response station, provided that digital systems. The Commission reserves the modulation is employed and the aggre- right to specify the polarization to be gate power does not exceed the author- used. ized power for the channel. An ITFS re- (e) The power gain compared to an sponse station may also, jointly with isotropic antenna and the directive other licensees, transmit utilizing properties of the transmitting and re- bandwidth in excess of that authorized ceiving antennas proposed to be em- to the station, provided that digital ployed, as well as the geometric dis- modulation is employed, all power tribution of the transmitting and re- spectral density requirements set forth ceiving points, shall be supplied with in this part are met, and the out-of- each application for a new ITFS fixed band emission restrictions set forth in station or for changes in the antenna § 74.936 or paragraph (k) of this section facilities of an existing station. are complied with. (b) ITFS response stations that uti- [28 FR 13731, Dec. 14, 1963, as amended at 48 lize the 2150–2162 MHz band pursuant to FR 9012, Mar. 3, 1983; 49 FR 32596, Aug. 15, § 74.902(f), the 2500–2686 MHz band, and/ 1984; 50 FR 26761, June 28, 1985; 52 FR 3806, Feb. 6, 1987; 58 FR 44951, Aug. 25, 1993; 63 FR or the 125 kHz channels identified in 65118, Nov. 25, 1998] paragraph (j) of this section may be installed and operated without an indi- § 74.938 Transmission standards. vidual license, to communicate with a response station hub authorized under The width of an ITFS channel is 6 a response station hub license, pro- MHz. However, the licensee may sub- vided that the conditions set forth in channelize its authorized bandwidth, paragraph (g) of this section are com- provided that digital modulation is em- plied with and that ITFS response sta- ployed and the aggregate power does tions operating in the 2150–2162 MHz not exceed the authorized power for the and/or 2500–2686 MHz band(s) employ channel, and may utilize all or a por- only digital modulation with uniform tion of its authorized bandwidth for power spectral density in accordance ITFS response stations authorized pur- with the Commission’s Declaratory suant to § 74.939. The licensee may also, Ruling and Order, 11 FCC Rcd 18839 jointly with other licensees, transmit (1996). utilizing bandwidth in excess of its au- (c) An applicant for a response sta- thorized bandwidth, provided that dig- tion hub license shall: ital modulation is employed, all power (1) File FCC Form 331 with the Com- spectral density requirements set forth mission in Washington, DC, and certify in this part are met and the out-of- on that form that it has complied with band emissions restrictions set forth in the requirements of paragraphs (c)(2)

481

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00481 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.939 47 CFR Ch. I (10–1–99 Edition)

and (d) of this section. Failure to cer- the regional class and that will be used tify compliance and to comply com- in interference analyses; and pletely with the requirements of para- (C) Any sectorization that will be graphs (c)(2) and (d) of this section employed, including the polarization to shall result in dismissal of the applica- be employed by response stations in tion or revocation of the response sta- each sector and the geographic orientation hub license, and may result in im- tion of the sector boundaries, and that position of a monetary forfeiture; and will be used in interference analyses; (2) Submit to International Tran- and scription Services, Inc. (‘‘ITS’’), 1231 (D) The combined worst-case outer 20th Street, NW, Washington, DC 20036, envelope plot of the patterns of all both in hard copy, and on a 3.5″ com- models of response station trans- puter diskette in ASCII, the following: mission antennas that will be em- (i) Duplicates of the Form 331 filed ployed by any response station in the with the Commission; and regional class to be used in inter- (ii) The data required by Appendix D ference analyses; and to the Report and Order in MM Docket (E) The maximum number of re- No. 97–217, FCC 98–231, ‘‘Methods for sponse stations that will be operated Predicting Interference from Response simultaneously in each region using Station Transmitters and to Response the characteristics of each regional Station Hubs and for Supplying Data class applicable to each region. on Response Station Systems’’; and (iii) The information, showings and (ii) The channel plan (including any certifications required by paragraph (d) guardbands at the edges of the channel) of this section; and to be used by ITFS response stations in (3) Submit to the Commission, only communicating with the response sta- upon Commission staff request, dupli- tion hub, including a statement as to cates of the submissions required by whether the applicant will employ the paragraph (c)(2) of this section. same frequencies on which response (d) An applicant for a response sta- stations will transmit to also transmit tion hub license shall, pursuant to on a point-to-multipoint basis from an paragraph (c)(2)(iii) of this section, MDS station or MDS booster station; submit to ITS the following: and (1) The geographic coordinates, street (3) A demonstration that: address, and the height of the center (i) The proposed response station hub line of the reception antenna(s) above is within the protected service area, as mean sea level for the response station defined in § 21.902(d)(1) of this chapter, hub; and (2) A specification of: of the ITFS station(s) whose channels (i) The response service area in which will be used for communications to the the applicant or its lessee proposes to response station hub or, in the case of install ITFS response stations to com- an application for response stations to municate with the response station utilize one or more of the 125 kHz re- hub, any regions into which the response channels, the response station sponse service area will be subdivided hub is within the protected service for purposes of interference analysis, area of the station authorized to utilize and any regional classes of response the associated channel(s); and station characteristics which will be (ii) The entire proposed response used to define the operating param- service area is within the protected eters of groups of response stations service area of the ITFS station(s) within each region for purposes of in- whose channels will be used for com- terference analysis, including: munications to the response station (A) The maximum height above hub or, in the alternative, the appli- ground level of the transmission an- cant may demonstrate that the li- tenna that will be employed by any re- censee of any cochannel protected serv- sponse station in the regional class and ice area which is overlapped by the pro- that will be used in interference anal- posed response service area has con- yses; and sented to such overlap. In the case of (B) The maximum equivalent iso- an application for response stations to tropic radiated power (EIRP) that will utilize one or more of the 125 kHz re- be employed by any response station in sponse channels, such demonstration

482

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00482 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 74.939

shall establish that the response serv- cochannel ITFS station or booster sta- ice area is entirely within the pro- tion located within 160.94 km (100 tected service area of the station au- miles) of the proposed response station thorized to utilize the associated chan- hub, or, in the alternative, that the li- nel(s), or, in the alternative, that the censee or applicant for such cochannel licensee entitled to any cochannel pro- station or hub consents to the applica- tected service area which is overlapped tion; and by the proposed response service area (v) The combined signals of all simul- has consented to such overlap; and taneously operating ITFS response sta- (iii) The combined signals of all sitions within all response service areas multaneously operating ITFS response and oriented to transmit toward their stations within all response service respective response station hubs, and areas and oriented to transmit toward all cochannel ITFS stations and boost- their respective response station hubs er stations licensed to or applied for by and all cochannel ITFS stations and the applicant, will result in a desired booster stations licensed to or applied to undesired signal ratio of at least 0 for by the applicant will not generate a dB (or the appropriately adjusted value power flux density in excess of ¥73 based upon the ratio of the channel-to- dBW/m2 (or the pro rata power spectral subchannel bandwidths): density equivalent based on the band- (A) Within the protected service area width actually employed in those cases of any authorized or previously-pro- where less than a 6 MHz channel is to posed adjacent channel MDS or ITFS be employed) outside the boundaries of station with center coordinates located the applicant’s protected service area, within 160.94 km (100 miles) of the pro- as measured at locations for which posed response station hub; and there is an unobstructed signal path, (B) Within the booster service area of except to the extent that consent of af- any adjacent channel booster station fected licensees has been obtained or entitled to such protection pursuant to consents have been granted pursuant §§ 21.913(f) of this chapter or 74.985(f) to paragraph (d)(3)(ii) of this section to and located within 160.94 km (100 miles) an extension of the response service of the proposed response station hub; area beyond the boundaries of the pro- and tected service area; and (C) At any registered receive site of (iv) The combined signals of all si- any authorized or previously-proposed multaneously operating ITFS response adjacent channel ITFS station or stations within all response service booster station located within 160.94 areas and oriented to transmit toward km (100 miles) of the proposed response their respective response station hubs, station hub, or, in the alternative, that and all cochannel ITFS stations and the licensee of or applicant for such ad- booster stations licensed to or applied jacent channel station or hub consents for by the applicant, will result in a de- to such application; and sired to undesired signal ratio of at (vi) The combined signals of all si- least 45 dB (or the appropriately ad- multaneously operating ITFS response justed value based upon the ratio of the stations within all response service channel-to-subchannel bandwidths): areas and oriented to transmit toward (A) Within the protected service area their respective response station hub of any authorized or previously-pro- and all cochannel ITFS stations and posed cochannel MDS or ITFS station booster stations licensed to or applied with center coordinates located within for by the applicant will comply with 160.94 km (100 miles) of the proposed re- the requirements of §§ 21.909(i) of this sponse station hub; and chapter and paragraph (i) of this sec- (B) Within the booster service area of tion. any cochannel booster station entitled (4) A certification that the applica- to such protection pursuant to tion has been served upon § 21.913(f) of this chapter or 74.985(f) and (i) The holder of any cochannel or ad- located within 160.94 km (100 miles) of jacent channel authorization with a the proposed response station hub; and protected service area which is over- (C) At any registered receive site of lapped by the proposed response service any authorized or previously-proposed area;

483

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00483 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T § 74.939 47 CFR Ch. I (10–1–99 Edition)

(ii) The holder of any cochannel or except as provided in § 74.911(e), an ap- adjacent channel authorization with a plication for a response station hub li- protected service area that adjoins the cense that meets the requirements of applicant’s protected service area; this section shall be granted on the (iii) The holder of a cochannel or ad- sixty-first (61st) day after the Commis- jacent channel authorization for any sion shall have given public notice of BTA or PSA inside whose boundaries the acceptance for filing of it, or of a are locations for which there is an un- major amendment to it if such major obstructed signal path for combined amendment has been filed, unless prior signals from within the response sta- to such date either a party in interest tion hub applicant’s protected service timely files a formal petition to deny area; and or for other relief pursuant to § 74.912, (iv) Every licensee of, or applicant or the Commission notifies the appli- for, any cochannel or adjacent channel, cant that its application will not be authorized or previously-proposed, in- granted. Where an application is grant- cumbent MDS station with a 56.33 km ed pursuant to the provisions of this (35 mile) protected service area with paragraph, the conditional licensee or center coordinates located within 160.94 licensee shall maintain a copy of the km (100 miles) of the proposed response application at the response station hub station hub; and until such time as the Commission (v) Every licensee of, or applicant for, issues a response station hub license. any cochannel or adjacent channel, au- (g) An ITFS response station hub li- thorized or previously-proposed ITFS cense establishing a response service station (including any booster station area shall be conditioned upon compli- or response station hub) located within ance with the following: 160.94 km (100 miles) of the proposed re- (1) No ITFS response station shall be sponse station hub. located beyond the response service (e) Applications for response station area of the response station hub with hub licenses shall be deemed minor which it communicates; and change applications and, except as pro- (2) No ITFS response station shall op- vided in § 74.911(e), may be filed at any erate with a transmitter output power time. Notwithstanding any other provi- in excess of 2 watts; and sion of part 74, applications for re- (3) No ITFS response station shall op- sponse station hub licenses meeting erate with an EIRP in excess of that the requirements of paragraph (c) of specified in the application for the re- this section shall cut-off applications sponse station hub pursuant to para- that are filed on a subsequent day for graph (d)(2)(i)(B) of this section for the facilities that would cause harmful particular regional class of character- electromagnetic interference to the istics with which the response station proposed response station hubs. A re- is associated, and such response station sponse station hub shall not be entitled shall not operate at an excess of 33 to protection from interference caused dBW EIRP (or, when subchannels or by facilities proposed on or prior to the superchannels, or 125 kHz channels, are day the application for the response used, the appropriately adjusted value station hub license is filed. Response based upon the ratio of 6 MHz to the stations shall not be required to pro- subchannel or superchannel, or 125 tect from interference facilities pro- kHz, bandwidth); and posed on or after the day the applica- (4) Each ITFS response station shall tion for the response station hub li- employ a transmission antenna ori- cense is filed. ented toward the response station hub (f) Notwithstanding the provisions of with which the ITFS response station § 74.912 and except as provided by communicates, and such antenna shall § 74.911(e), any petition to deny an ap- be no less directional than the worst plication for a response station hub li- case outer envelope pattern specified in cense shall be filed no later than the the application for the response station sixtieth (60th) day after the date of hub pursuant to paragraph (d)(2)(i)(D) public notice announcing the filing of of this section for the regional class of such application or major amendment characteristics with which the re- thereto. Notwithstanding § 74.911(d) and sponse station is associated; and

484

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00484 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 74.939

(5) The combined out-of-band emis- (iii) Serves a copy of such notifica- sions of all response stations using all tion and analysis upon each party enti- or part of one or multiple contiguous 6 tled to be served pursuant to paragraph MHz channels and employing digital (d)(4) of this section; and modulation shall comply with (iv) Submits to the Commission, only § 74.936(e). The combined out-of-band upon Commission staff request, dupli- emissions of all response stations using cates of the submissions required by all or part of one or multiple contig- paragraph (g)(6)(ii) of this section; and uous 125 kHz channels shall comply (7) Where an application is granted with paragraph (k) of this section. under this section, if a facility oper- However, should harmful interference ated pursuant to that grant causes occur as a result of emissions outside harmful, unauthorized interference to the assigned channel, additional at- any cochannel or adjacent channel fa- tenuation may be required; and cility, it must promptly remedy the in- (6) The response stations transmit- terference or immediately cease oper- ting simultaneously at any time within ations of the interfering facility, re- any given region of the response serv- gardless of whether any petitions to ice area utilized for purposes of ana- deny or for other relief were filed lyzing the potential for interference by against the application during the ap- response stations shall conform to the plication process. The burden of prov- numerical limits for each class of re- ing that a facility operated under this sponse station proposed in the applica- section is not causing harmful, unauthorized interference lies on the li- tion for the response station hub licensee of the alleged interfering facil- cense. Notwithstanding the foregoing, ity, following the filing of a docu- the licensee of a response station hub mented complaint of interference by an license may alter the number of re- affected party; and sponse stations of any class operating (8) In the event any MDS or ITFS re- simultaneously in a given region, with- ceive site suffers interference due to out prior Commission authorization, block downconverter overload, the li- provided that the licensee: censee of each response station hub (i) First notifies the Commission of with a response service area within five the altered number of response stations miles of such receive site shall cooper- of such class(es) to be operated simul- ate in good faith to expeditiously iden- taneously in such region, and certifies tify the source of the interference. in that notification that it has com- Each licensee of a response station hub plied with the requirements of para- with an associated response station graphs (g)(6)(ii) and (iii) of this section; contributing to such interference shall and bear the joint and several obligation to (ii) Provides ITS with a copy of such promptly remedy all interference re- notification and with an analysis es- sulting from block downconverter over- tablishing that such alteration will not load at any ITFS receive site reg- result in any increase in interference istered prior to the submission of the to the protected service area or pro- application for the response station tected receive sites of any existing or hub license or at any receive site with- previously-proposed, cochannel or adja- in an MDS or ITFS protected service cent channel MDS or ITFS station or area applied for prior to the submission booster station, to the protected serv- of the application for the response sta- ice area of any MDS Basic Trading tion hub license, regardless of whether Area or Partitioned Service Area li- the receive site suffering the inter- censee entitled to protection pursuant ference was constructed prior to or to paragraph (d)(3) of this section, or to after the construction of the response any existing or previously-proposed, station(s) causing the downconverter cochannel or adjacent channel response overload; provided, however, that the station hub, or response station under licensee of the registered ITFS receive § 21.949 of this chapter or § 74.949; or site or the MDS or ITFS protected that the applicant for or licensee of service area must cooperate fully and such facility has consented to such in- in good faith with efforts by the re- terference; and sponse station hub licensee to prevent

485

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00485 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.939 47 CFR Ch. I (10–1–99 Edition)

interference before constructing receive a certain amount of interference sponse stations and/or to remedy inter- at its hub. ference that may occur. In the event (2) Commencing upon the filing of an that more than one response station application for an ITFS response sta- hub licensee contributes to block tion hub license and until such time as downconverter interference at a MDS the application is dismissed or denied or ITFS receive site, the licensees of or, if the application is granted, a let- the contributing response station hubs ter informing the Commission of com- shall cooperate in good faith to remedy pletion of construction is submitted, promptly the interference. the ITFS station whose channels are (h) Applicants must comply with part being utilized shall be entitled both to 17 of this chapter concerning notifica- interference protection pursuant to tion to the Federal Aviation Adminis- §§ 21.902(i) of this chapter, 21.938(b)(3) of tration of proposed antenna construc- this chapter and 74.903, and to protection or alteration. The provisions of tion of the response station hub pursu- §§ 74.967 and 74.981(a)(5), concerning an- ant to the preceding paragraph. Unless tenna painting and lighting require- the application for the response station ments, apply to ITFS response stations hub license specifies that the same fre- and response station hubs, as well as to quencies also will be employed for dig- main and booster stations. ital and/or analog point-to-multipoint (i) Response station hubs shall be transmissions by ITFS stations and/or protected from cochannel and adjacent ITFS booster stations, upon the subchannel interference in accordance mission of a letter informing the Com- with the following criteria: mission of completion of construction of an ITFS response station hub where (1) An applicant for any new or modi- the channels of an ITFS station are fied MDS or ITFS station (including being utilized as response station any high-power booster station or retransmit frequencies, the ITFS station sponse station hub) shall be required to whose channels are being utilized for demonstrate interference protection to response station transmissions shall no a response station hub within 160.94 km longer be entitled to interference pro- (100 miles) of the proposed facilities. In tection pursuant to §§ 21.902(i) of this lieu of the interference protection re- chapter, 21.938(b)(3) of this chapter and quirements set forth in §§ 21.902(i) of 74.903 within the response service area this chapter, 21.938(b)(3) of this chapter with regard to any portion of any 6 and 74.903, such demonstration shall es- MHz channel employed solely for re- tablish that the proposed facility will sponse station communications. Upon not increase the effective power flux the submission of a letter informing density of the undesired signals gen- the Commission of completion of con- erated by the proposed facility and any struction of an ITFS response station associated main stations, booster sta- hub where the channels of an ITFS stations or response stations at the re- tion are being utilized for response sta- sponse station hub antenna for any section transmissions and the application tor. In lieu of the foregoing, an appli- for the response station hub license cant for a new MDS or ITFS main sta- specifies that the same frequencies will tion license or for a new or modified re- be employed for point-to-multipoint sponse station hub or booster license transmissions, the ITFS station whose may demonstrate that the facility will channels are being utilized shall be en- not increase the noise floor at a recep- titled both to interference protection tion antenna of the response station pursuant to §§ 21.902(i) of this chapter, hub by more than 1 dB for cochannel 21.938(b)(3) of this chapter and 74.903, signals and 45 dB for adjacent channel and to protection of the response sta- signals, provided that: tion hub pursuant to the preceding pro- (i) The entity submitting the applica- visions of this paragraph. tion may only invoke this alternative (j) ITFS response stations may oper- once per response station hub reception ate on either all or part of a 6 MHz sector; or channel assigned a licensee, on any 125 (ii) The licensee of the affected re- kHz channel assigned a licensee, or on sponse station hub may consent to re- adjacent frequencies authorized to

486

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00486 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.939

multiple licensees where such stations side the channel shall be attenuated at are operated jointly. The 125 kHz chan- the channel edges at least 35 dB below nels listed in the following table shall peak output power when analog modu- be assigned to the licensees of MDS and lation is employed or 35 dB below li- ITFS stations for use at response sta- censed average output power when dig- tions, or for licensing for point-to- ital modulation is employed (or, when multipoint transmissions pursuant to subchannels are used, the appro- paragraph (l) of this section, in accord- priately adjusted value based upon the ance with the table. The specified 125 ratio of the channel-to-subchannel kHz frequency channel may be sub- bandwidths). Any emissions more than divided to provide a distinct operating 125 kHz from either channel edge, in- frequency for each of more than one cluding harmonics, shall be attenuated station, or may be combined with adja- at least 60 dB below peak output power cent channels, provided that digital when analog modulation is employed, modulation is employed in accordance or at least 60 dB below licensed average with paragraph (a) of this section. The output power when digital modulation specified 125 kHz frequency channels is employed (or, when subchannels are also may be exchanged with the li- used, the appropriately adjusted value censee of another MDS or ITFS station based upon the ratio of the channel-to- for use of another 125 kHz channel as- subchannel bandwidths). Notwith- signed to the other licensee. standing the foregoing, in situations where adjacent channel licensees joint- Main 125 kHz channel channel ly transmit over more than one chan- Frequency (MHz) designa- designa- nel utilizing digital modulation, the tion tion maximum out-of-band power shall be 2686.0625 A1 I1 attenuated at the edges of those com- 2686.1875 B1 I2 bined channels at least 35 dB relative 2686.3125 C1 I3 2686.4375 D1 I4 to the licensed average power level of 2686.5625 E1 I5 each channel. Emissions more than 125 2686.6875 F1 I6 kHz from either edge of the combined 2686.8125 G1 I7 channels, including harmonics, shall be 2686.9375 H1 I8 2687.0625 A2 I9 attenuated at least 60 dB below peak 2687.1875 B2 I10 analog power or licensed average dig- 2687.3125 C2 I11 ital power of each channel, as appro- 2687.4375 D2 I12 2687.5625 E2 I13 priate. Different types of emissions 2687.6875 F2 I14 may be authorized for use on 125 kHz 2687.8125 G2 I15 wide channels if the applicant de- 2687.9375 H2 I16 2688.0625 A3 I17 scribes fully the modulation and band- 2688.1875 B3 I18 width desired, and demonstrates that 2688.3125 C3 I19 the modulation selected will cause no 2688.4375 D3 I20 more interference than is permitted 2688.5625 E3 I21 2688.6875 F3 I22 under this paragraph. Greater attenu- 2688.8125 G3 I23 ation may be required if interference is 2688.9375 H3 I24 caused by out-of-channel emissions. 2689.0625 A4 I25 2689.1875 B4 I26 (l) Any MDS or ITFS conditional li- 2689.3125 C4 I27 censee or licensee who wishes to use 2689.4375 D4 I28 one or more of its associated I channels 2689.5625 E4 I29 2689.6875 F4 I30 for point-to-multipoint transmissions 2689.8125 G4 I31 in a system with one or more authorized, or previously- or simultaneously- (k) 125 kHz wide response channels proposed, response station hub(s) shall: shall be subject to the following re- (1) File FCC Form 331 with the Com- quirements: The 125 kHz wide channel mission, filing with Mellon Bank for I shall be centered at the assigned fre- channels associated with an MDS sta- quency. If amplitude modulation is tion, and filing with the Commission in used, the carrier shall not be modu- Washington, DC for I channels associ- lated in excess of 100%. If frequency ated with an ITFS station. The appli- modulation is used, the deviation shall cation shall specify which of the asso- not exceed # 25 kHz. Any emissions out- ciated I channels is/are intended for

487

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00487 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.939 47 CFR Ch. I (10–1–99 Edition)

point-to-multipoint transmissions. The width. Notwithstanding any other pro- applicant also shall certify on the ap- vision of parts 21 and 74, applications propriate form that it has complied to convert associated I channels to with the requirements of paragraph point-to-multipoint transmissions, (l)(2) of this section. Failure to certify meeting the requirements of para- compliance and to comply completely graphs (l) (1) and (2) of this section, with the requirements of paragraph shall cut-off applications that are filed (l)(2) of this section shall result in dis- on a subsequent day for facilities that missal of the application or revocation would cause harmful electromagnetic of the authorization for point-tointerference to the proposed point-to- multipoint transmissions on the rel- multipoint operations; and evant I channels, and may result in im- (4) Notwithstanding the provisions of position of a monetary forfeiture. §§ 21.30(a)(4) of this chapter and 74.912, Modification applications to convert I and except as provided in § 21.27(d) of channels associated with ITFS stations this chapter or § 74.911(e), as appro- to point-to-multipoint transmissions priate, be subject to a petition to deny shall be considered minor changes for an application to convert associated I purposes of § 74.911. These applications channels to point-to-multipoint trans- shall be subject to the procedures set missions that is filed no later than the forth in § 21.27(d) of this chapter or sixtieth (60th) day after the date of § 74.911(e), as appropriate; and public notice announcing the filing of (2) Submit to International Tran- such application or major amendment scription Services, Inc., 1231 20th thereto. Notwithstanding §§ 21.31 of this Street, N.W., Washington, DC 20036, chapter and 74.911(d), and except as both in hard copy, and on a 3.5″″ com- provided in § 21.27(d) of this chapter or puter diskette in ASCII, and likewise § 74.911(e), as appropriate, an applica- submit to the Commission, only upon tion to convert associated I channels to Commission staff request: point-to-multipoint transmissions that (i) Duplicates of the Form 331 filed meets the requirements of this para- with Mellon Bank or with the Commis- graph shall be granted on the sixty- sion, as appropriate; and first (61st) day after the Commission (ii) The interference analyses re- shall have given public notice of the quired to be performed under § 21.902 of acceptance for filing of it, or of a major this chapter, and § 21.938 of this chapter amendment to it if such major amend- where appropriate, including the provi- ment has been filed, unless prior to sions of §§ 21.909 of this chapter, 21.913 such date either a party in interest of this chapter, 74.939 and 74.985 regard- timely files a formal petition to deny ing the protection of response station or for other relief pursuant to § 21.30(a) hubs and booster service areas from of this chapter or § 74.912, or the Com- harmful electromagnetic interference, mission notifies the applicant that its and including protection of stations application will not be granted. Where authorized pursuant to §§ 21.949 of this an application is granted pursuant to chapter and 74.949 from harmful elec- the provisions of this paragraph, the tromagnetic interference, using the ap- conditional licensee or licensee shall propriately adjusted interference pro- maintain a copy of the application at tection values based upon the ratio of the I channels station until such time the bandwidths in use; and as the Commission issues an I channels (3) Except as provided in § 21.27(d) of station license for point-to-multipoint this chapter or § 74.911(e), as appro- transmissions; and priate, be permitted to file applications (5) Where an application is granted to convert associated I channels to under this paragraph, and a facility op- point-to-multipoint transmissions at erated pursuant to that grant causes any time. I channels used for point-to- harmful, unauthorized interference to multipoint transmissions shall be af- any cochannel or adjacent channel fa- forded interference protection in the cility, promptly remedy the inter- same manner as other point-to- ference or immediately cease oper- multipoint MDS and ITFS facilities, ations of the interfering facility, re- with appropriate adjustment of the in- gardless of whether any petitions to terference protection values for band- deny or for other relief were filed

488

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00488 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.949

against the application during the ap- sponse station hub licensee must no- plication process. The burden of prov- tify, by certified mail, the licensee of ing that a facility operated under this the ITFS site of the intention to acti- paragraph is not causing harmful, un- vate the response station. The notifica- authorized interference lies on the li- tion must contain the street address censee of the alleged interfering facil- and geographic coordinates (to the ity, following the filing of a docu- nearest second) of the response station, mented complaint of interference by an a specification of the station’s EIRP, affected party. antenna pattern/orientation/height (m) A response station may be oper- AMSL, channel(s) to be used, as well as ated unattended. The overall perform- the name and telephone number of a ance of the response station trans- contact person who will be responsible mitter shall be checked by the hub li- for coordinating the resolution of any censee as often as necessary to ensure interference problems. that it is functioning in accordance (q) Interference calculations shall be with the requirements of the Commis- performed in accordance with Appendix sion’s rules. The licensee of a response D to the Report and Order in MM Dock- station hub is responsible for the prop- et No. 97–217, FCC 98–231, ‘‘Methods For er operation of all associated response Predicting Interference From Response stations and must have reasonable and Station Transmitters and To Response timely access to all station transmit- Station Hubs and For Supplying Data ters. Response stations shall be in- on Response Station Systems.’’ Com- stalled and maintained by the licensee pliance with the out-of-band emission of the associated hub station, or the li- limitations shall be established in ac- censee’s employees or agents, and pro- cordance with § 21.908(e) of this chapter. tected in such manner as to prevent tampering or operation by unauthor- [63 FR 65119, Nov. 25, 1998] ized persons. No response hub may law- EFFECTIVE DATE NOTE: At 63 FR 65119, Nov. fully communicate with any response 25, 1998, § 74.939 was revised. Paragraphs (c), station which has not been installed by (d), (f), (g)(6), (h), (i), (l)(1), (l)(2), (l)(4), (m) an authorized person, and each re- and (p) contain information collection and sponse station hub licensee is respon- recordkeeping requirements and will not be sible for maintaining, and making effective until approved by the Office of available to the Commission upon re- Management and Budget. quest, a list containing the customer name and site location (street address § 74.949 Individually licensed 125 kHz channel ITFS response stations. and latitude/longitude to the nearest second) of each associated response sta- (a) The provisions of § 74.939 (a), (e), tion, plus the technical parameters (h), (j), (k), (n) and (o), also shall apply (e.g., EIRP, emission, bandwidth, and with respect to authorization of a 125 antenna pattern, height, orientation kHz channel(s) ITFS response station and polarization) pertinent to each spe- not under a response station hub li- cific response station. cense. The applicant shall comply with (n) The transmitting apparatus em- the requirements of § 21.902 of this ployed at ITFS response stations shall chapter, and § 21.938 of this chapter have received type certification. where appropriate, including the provi- (o) An ITFS response station shall be sions of §§ 21.909 of this chapter, 21.913 operated only when engaged in commu- of this chapter, 74.939 and 74.985 regard- nication with its associated ITFS re- ing the protection of response station sponse station hub or ITFS station, or hubs and booster service areas from for necessary equipment or system harmful electromagnetic interference, tests and adjustments. Radiation of an using the appropriately adjusted inter- unmodulated carrier and other unnec- ference protection values based upon essary transmissions are forbidden. the ratio of the bandwidths in use, (p) At least 20 days prior to the acti- where the authorized or previously-pro- vation of a response station trans- posed cochannel or adjacent channel mitter located within a radius of 1960 station is operated or to be operated in feet of a registered or previously-ap- a system with one or more response plied-for ITFS receive site, the re- station hub(s).

489

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00489 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.951 47 CFR Ch. I (10–1–99 Edition)

(b) An application for a license to op- (e) Each ITFS response station shall erate a new or modified 125 kHz chan- employ a directive transmitting an- nel(s) ITFS response station not under tenna oriented towards the transmitter a response station hub license shall be site of the associated ITFS station or filed with the Commission in Wash- towards the response station hub with ington, DC, on FCC Form 330. The ap- which the ITFS response station com- plicant shall supply the following in- municates. The beamwidth between formation on that form for each re- half power points shall not exceed 15° sponse station: and radiation in any minor lobe of the (1) The geographic coordinates and antenna radiation pattern shall be at street address of the ITFS response least 20 dB below the power in the main station transmitting antenna; and lobe of radiation. (2) The manufacturer’s name, type (f) A response station may be oper- number, operating frequency, and ated unattended. The overall perform- power output of the proposed ITFS re- ance of the response station trans- sponse station transmitter; and mitter shall be checked by the licensee (3) The type of transmitting antenna, of the station or hub receiving the re- power gain, azimuthal orientation and sponse signal, or by the licensee’s em- polarization of the major lobe of radi- ployees or agents, as often as necessary ation in degrees measured clockwise to ensure that the transmitter is func- from True North; and tioning in accordance with the require- (4) A sketch giving pertinent details ments of the Commission’s rules. The of the ITFS response station transmit- licensee of the station or hub receiving ting antenna installation including the response signal is responsible for ground elevation of the transmitter the proper operation of the response site above mean sea level; overall station and must have reasonable and height above ground, including appur- timely access to the response station tenances, of any ground-mounted tower transmitter. The response station shall or mast on which the transmitting an- be installed and maintained by the li- tenna will be mounted or, if the tower censee of the associated station or hub, or mast is or will be located on an ex- or the licensee’s employees or agents, isting building or other manmade and protected in such manner as to structure, the separate heights above prevent tampering or operation by un- ground of the building and the tower or authorized persons. No response sta- mast including appurtenances; the lo- tion which has not been installed by an cation of the tower or mast on the authorized person may lawfully com- building; the location of the transmit- municate with any station or hub. ting antenna on the tower or mast; and the overall height of the transmitting [63 FR 65124, Nov. 25, 1998. Redesignated at 64 antenna above ground. FR 4055, Jan. 27, 1999] (c) Each ITFS response station li- EFFECTIVE DATE NOTE: At 63 FR 65124, Nov. censed under this section shall comply 25, 1998, § 74.940 was added. At 64 FR 4055, Jan. with the following: 27, 1999, § 74.940 was redesignated as § 74.949. (1) No ITFS response station shall be Paragraphs (a), (b)(3), (b)(4) and (f) contain located beyond the protected service information collection and recordkeeping re- area of the ITFS station with which it quirements and will not be effective until ap- communicates; and proved by the Office of Management and (2) No ITFS response station shall op- Budget. erate with a transmitter output power in excess of 2 watts; and § 74.951 Modification of transmission systems. (3) No ITFS response station shall operate at an excess of 16 dBW EIRP. Formal application on FCC Form 330 (d) During breaks in communica- is required for any of the following tions, the unmodulated carrier fre- changes or modifications of the trans- quency shall be maintained within 35 mission systems: kHz of the assigned frequency at all (a) Replacement of the transmitter times. Adequate means shall be pro- as a whole, except replacement with a vided to insure compliance with this transmitter of identical power rating rule. which has been certificated by the FCC

490

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00490 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.962

for use by instructional TV fixed sta- actual operation. Either the manufac- tions, or any change which could result turer or the licensee must obtain in a change in the electrical character- transmitter certification for the trans- istics or performance of the station. mitter by filing an application for cer- Upon the installation or modification tification with appropriate information of the transmitting equipment for concerning the signal waveforms and which prior FCC authority is not re- measurements. quired under the provisions of this paragraph, the licensee shall place in [63 FR 65124, Nov. 25, 1998] the station records a certification that § 74.961 Frequency tolerance. the new installation complies in all respects with the technical requirements (a) The frequency of any ITFS sta- of this part and the terms of the station, or of any ITFS booster station tion authorization. authorized pursuant to § 74.985(b), shall (b) Any change in the antenna sys- be maintained within ±1 kHz of the as- tem affecting the direction of radi- signed frequency at all times when the ation, directive radiation pattern, an- station is in operation. ITFS booster tenna gain, or radiated power; pro- stations authorized pursuant to vided, however, that a licensee may in- § 74.985(e) and ITFS response stations stall a sectorized antenna system with- authorized pursuant to § 74.939 shall out prior consent if such system does employ transmitters with sufficient not change polarization or result in an frequency stability to ensure that the increase in radiated power by more emission stays within the authorized than one dB in any direction, and no- bandwidth. A transmitter licensed tice of such installation is provided to prior to November 1, 1991, that remains the Commission on FCC Form 331 with- at the station site initially licensed in ten (10) days of installation. and does not comply with this para- (c) Any change in the overall height graph may continue to be used for its of the antenna structure, except where life if it does not cause harmful inter- notice to the Federal Aviation Admin- ference to the operation of any other istration is specifically not required licensee. Any non-conforming trans- under § 17.14(b) of the FCC Rules. mitter replaced after November 1, 1991, (d) Any change in the location of the must be replaced by a transmitter transmission system except a move meeting the requirements of this para- within the same building or upon the graph. same antenna supporting structure. (b) For television transmission, the (e) A change in frequency assign- peak power of the accompanying aural ment. signal must not exceed 10 percent of (f) A change in the operating power. the peak visual power of the trans- (g) Any addition of receiving loca- mitter. tions or to modify such a location to a (c) Any licensee with transmission receive and response station. equipment conforming to the transmitter tolerance standard of this sec- [45 FR 26068, Apr. 17, 1980, as amended at 50 tion can be required to use frequency FR 26761, June 28, 1985; 52 FR 3806, Feb. 6, offset where it is demonstrated to be 1987; 53 FR 36788, Sept. 22, 1988; 63 FR 36605, July 7, 1998; 63 FR 65124, Nov. 25, 1998] necessary to avoid harmful interference with another station. EFFECTIVE DATE NOTE: At 63 FR 65124, Nov. 25, 1998, § 74.951 was amended by revising [55 FR 46014, Oct. 31, 1990, as amended at 63 paragraph (b). Paragraph (b) contains infor- FR 65124, Nov. 25, 1998] mation collection and recordkeeping requirements and will not be effective until ap- § 74.962 Frequency monitors and proved by the Office of Management and measurements. Budget. Suitable measurements shall be § 74.952 Acceptability of equipment for made as often as necessary to ensure licensing. that the operating frequencies of the station are within the prescribed toler- ITFS transmitters must be type cer- ances. tified by the Commission for the particular signals that will be employed in [52 FR 3806, Feb. 6, 1987]

491

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00491 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.963 47 CFR Ch. I (10–1–99 Edition)

§ 74.963 Time of operation. § 74.970 Modulation limits. (a) An instructional television fixed (a) Visual transmitter. The maximum station is not required to adhere to any excursion of the luminance signal in regular schedule of operation. Unless the white direction shall not exceed otherwise specified in the license, the the value specified in § 73.682(a)(13) of hours of operation are not limited. this chapter for the reference white (b) Except for purposes of tests and level. adjustments, the transmitter shall not (b) Aural transmitter. The maximum be permitted to radiate unmodulated frequency deviation of the aural carrier carriers or otherwise make unneces- shall not be permitted to exceed ± 75 sary transmissions for extended periods kHz on peaks of frequent recurrence of time. during any transmission. This is defined as 100% modulation. § 74.965 Posting of station license. [28 FR 13731, Dec. 14, 1963, as amended at 49 (a) The instrument of authorization, FR 32596, Aug. 15, 1984] a clearly legible photocopy thereof, or the name, address and telephone num- § 74.971 Modulation monitors and measurements. ber of the custodian of the instrument of authorization shall be available at Suitable means shall be provided to each station, booster station author- insure that the modulation limits spec- ized pursuant to § 74.985(b) and ITFS re- ified in § 74.970 are observed. sponse station hub. Each operator of an ITFS booster station shall post at the § 74.982 Station identification. booster station the name, address and (a) Call signs for instructional tele- telephone number of the custodian of vision fixed stations will consist of the notification filed pursuant to three letters and three digits pursuant § 74.985(e) if such notification is not to the provisions of § 2.302 of this chap- maintained at the booster station. ter relating to fixed stations. (b) If an ITFS station, an ITFS boost- (b) Except as otherwise provided in er station or an ITFS response station paragraphs (c) and (d) of this section, hub is operated unattended, the call each instructional television fixed sta- sign and name of the licensee shall be tion solely utilizing analog trans- displayed such that it may be read missions shall transmit its call sign at the beginning and end of each period of within the vicinity of the transmitter operation and, during operation, on the enclosure or antenna structure. hour. Visual or aural transmissions [63 FR 65125, Nov. 25, 1998] shall be employed. (c) The hourly station identification EFFECTIVE DATE NOTE: At 63 FR 65125, Nov. 25, 1998, § 74.965 was revised. This section con- announcement during operation may tains information collection and record- be deferred if it would interrupt a sin- keeping requirements and will not be effec- gle consecutive demonstration, lecture, tive until approved by the Office of Manage- or other similar discourse or otherwise ment and Budget. impair the continuity of a program in progress. In such cases the station § 74.969 Copies of rules. identification announcement shall be The licensee of an instructional tele- made at the first normal break in the vision fixed station shall have a cur- continuity of the program. rent copy of Parts 73 and 74 of this (d) In cases where an instructional chapter. In cases where aeronautical television fixed station is operating as hazard marking of antennas is re- a relay for signals originating at some quired, such licensee shall also have a other station operated by the same licensee, its call sign shall be announced current copy of Part 17 of this chapter. by the originating station at the times Each licensee is expected to be familiar and in the manner prescribed in para- with the pertinent rules governing in- graph (b) of this section. structional television fixed stations. (e) Where an instructional television [60 FR 55483, Nov. 1, 1995] fixed station is operating as a relay for

492

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00492 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.985

signals originating at a station oper- sent of the cochannel licensee is ob- ated by some other licensee, its call tained. sign may be transmitted by the origi- (b) An ITFS licensee or conditional nating station, if suitable arrange- licensee who is a response station hub ments can be made with the other li- licensee, conditional licensee or appli- censee, or means shall be provided for cant may secure a license for an ITFS the transmission of the call sign by the signal booster station that has a max- relay transmitter itself. Low power imum power level in excess of –9 dBW relay stations, authorized by EIRP (or, when subchannels or super- § 74.950(f)(4) will not be assigned indi- channels, or 125 kHz channels, are used, vidual call signs. Station identification the appropriately adjusted value based will be accomplished by the retransmission of the call sign of the primary upon the ratio of 6 MHz to the sub- station. channel or superchannel, or 125 kHz, (f) Temporary fixed ITFS stations bandwidth) and that employs only dig- shall identify with the call sign of the ital modulation with uniform power primary station and a temporary fixed spectral density in accordance with the identifier. Commission’s Declaratory Ruling and (g) The provisions of paragraphs (b) Order, 11 FCC Rcd 18839 (1996) (a ‘‘high- through (e) of this section shall not power ITFS signal booster station’’). apply to any ITFS licensee’s station or The applicant for a high-power ITFS transmissions where digital trans- signal booster station shall file FCC missions are utilized by the ITFS li- Form 331 with the Commission in censee on any of its licensed or shifted Washington, DC, and certify on that channels. form that the applicant has complied [28 FR 13731, Dec. 14, 1963, as amended at 36 with the additional requirements of FR 8873, May 4, 1971; 38 FR 25991, Sept. 17, paragraph (b) of this section. Failure to 1973; 49 FR 32596, Aug. 15, 1984; 63 FR 65125, certify compliance and to comply com- Nov. 25, 1998] pletely with the following requirements of paragraph (b) of this section § 74.984 Retransmissions. shall result in dismissal of the applica- An instructional television fixed station or revocation of the high-power tion may not retransmit the signals of ITFS signal booster station license, any class of station without consent of and may result in imposition of a mon- the station originating the signals to etary forfeiture. The applicant for a be retransmitted. high-power ITFS signal booster station additionally is required to submit to § 74.985 Signal booster stations. International Transcription Services, (a) An ITFS booster station may Inc., 1231 20th Street, N.W., Wash- reuse channels to repeat the signals of ington, DC 20036, both in hard copy, ITFS stations or to originate signals and on a 3.5″″ computer diskette in on ITFS channels. The aggregate power ASCII, and likewise to submit to the flux density generated by an ITFS sta- Commission, only upon Commission tion and all associated signal booster staff request, duplicates of the Form stations and all simultaneously oper- 331 filed with the Commission, and the ating cochannel response stations li- following information: censed to or applied for by the applicant may not exceed –73 dBW/m2 (or, (1) A demonstration that the pro- when subchannels or 125 kHz channels posed signal booster station site is are used, the appropriately adjusted within the protected service area, as value based upon the ratio of the chan- defined in § 21.902(d)(1) of this chapter, nel-to-subchannel or 125 kHz of the main ITFS station whose chan- bandwidths) at or beyond the boundary nels are to be reused; and of the protected service area, as de- (2) A demonstration that the booster fined by § 21.902(d)(1) of this chapter, of service area is entirely within the pro- the main ITFS station whose channels tected service area of the ITFS station are being reused, as measured at loca- whose channels are being reused, or in tions for which there is an unob- the alternative, that the licensee enti- structed signal path, unless the con- tled to any cochannel protected service

493

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00493 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.985 47 CFR Ch. I (10–1–99 Edition)

area which is overlapped by the pro- (7) A certification that copies of the posed booster service area has con- materials set forth in paragraph (b) of sented to such overlap; and this section have been served upon the (3) A demonstration that the pro- licensee or conditional licensee of each posed booster service area can be station (including each response sta- served by the proposed booster without tion hub and booster station) required interference; and to be studied pursuant to paragraph (4) A study which demonstrates that (b)(5) of this section, and upon any af- the aggregate power flux density of the fected holder of a BTA or PSA author- ITFS station and all associated booster ization pursuant to paragraph (b)(4) of stations and simultaneously operating this section. cochannel response stations licensed to (c) Applications for high-power ITFS or applied for by the applicant does not signal booster station licenses shall be exceed –73 dBW/m2 (or, when subchan- deemed minor change applications and, nels or 125 kHz channels are used, the except as provided in § 74.911(e), may be appropriately adjusted value based filed at any time. Notwithstanding any upon the ratio of the channel-to-sub- other provision of part 74, applications channel or 125 kHz bandwidths) at or for high-power ITFS signal booster sta- beyond the boundary of the protected tion licenses meeting the requirements service area of the main ITFS station of paragraph (b) of this section shall whose channels are to be reused, as cut-off applications that are filed on a measured at locations for which there subsequent day for facilities that would cause harmful electromagnetic is an unobstructed signal path, unless interference to the proposed booster the consent of affected licensees has stations. been obtained; and (d) Notwithstanding the provisions of (5) In lieu of the requirements of § 74.912 and except as provided in § 74.903, a study which demonstrates § 74.911(e), any petition to deny an ap- that the proposed signal booster sta- plication for a high-power ITFS signal tion will cause no harmful interference booster station license shall be filed no (as defined in § 74.903(a) (1) and (2)) to later than the sixtieth (60th) day after cochannel and adjacent channel, au- the date of public notice announcing thorized or previously-proposed ITFS the filing of such application or major and MDS stations with protected serv- amendment thereto. Notwithstanding ice area center coordinates as specified § 74.911(d) and except as provided in in § 21.902(d) of this chapter, to any au- § 74.911(e), an application for a high- thorized or previously-proposed re- power ITFS signal booster station li- sponse station hubs, booster service cense that meets the requirements of areas, or I channel stations associated paragraph (b) of this section shall be with such ITFS and MDS stations, or granted on the sixty-first (61st) day to any previously-registered ITFS re- after the Commission shall have given ceive sites, within 160.94 kilometers public notice of the acceptance for fil- (100 miles) of the proposed booster sta- ing of it, or of a major amendment to tion’s transmitter site. Such study it if such major amendment has been shall consider the undesired signal lev- filed, unless prior to such date either a els generated by the proposed signal party in interest timely files a formal booster station, the main station, all petition to deny or for other relief pur- other licensed or previously-proposed suant to § 74.912, or the Commission no- associated booster stations, and all si- tifies the applicant that its application multaneously operating cochannel re- will not be granted. Where an applica- sponse stations licensed to or applied tion is granted pursuant to the provi- for by the applicant. In the alternative, sions of this paragraph, the conditional a statement from the affected MDS or licensee or licensee shall maintain a ITFS licensee or conditional licensee copy of the application at the ITFS stating that it does not object to oper- booster station until such time as the ation of the high-power ITFS signal Commission issues a high-power ITFS booster station may be submitted; and signal booster station license. (6) A description of the booster serv- (e) Eligibility for a license for an ice area; and ITFS signal booster station that has a

494

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00494 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.985

maximum power level of –9 dBW EIRP (2) A demonstration that the booster (or, when subchannels or superchan- service area is entirely within the pro- nels, or 125 kHz channels, are used, the tected service area of the station whose appropriately adjusted value based channels are being reused, or, in the al- upon the ratio of 6 MHz to the sub- ternative, that the licensee entitled to channel or superchannel, or 125 kHz, any protected service area which is bandwidth) (a ‘‘low-power ITFS signal overlapped by the proposed booster booster station’’) shall be restricted to service area has consented to such an ITFS licensee or conditional li- overlap; and censee. A low-power ITFS signal boost- (3) A demonstration that the pro- er station may operate only on one or posed booster service area can be more ITFS channels that are licensed served by the proposed booster without to the licensee of the ITFS booster sta- interference; and tion, but may be operated by a third (4) A certification that no Federal party with a fully-executed lease or Aviation Administration determina- consent agreement with the ITFS con- tion of No Hazard to Air Navigation is ditional licensee or licensee. An ITFS required under part 17 of this chapter licensee or conditional licensee may in- or, if such determination is required, stall and commence operation of a low- either power ITFS signal booster station for (i) A statement of the FCC Antenna the purpose of retransmitting the sig- Structure Registration Number; or nals of the ITFS station or for origi- (ii) If an FCC Antenna Structure nating signals. Such installation and Registration Number has not been as- operation shall be subject to the condi- signed for the antenna structure, the tion that for sixty (60) days after in- filer must indicate the date the appli- stallation and commencement of oper- cation by the antenna structure owner ation, no objection or petition to deny to register the antenna structure was is filed by an authorized cochannel or filed with the FCC in accordance with adjacent channel ITFS or MDS station part 17 of this chapter; and with a transmitter within 8.0 kilo- (5) A certification that meters (5 miles) of the coordinates of (i) The maximum power level of the the low-power ITFS signal booster sta- signal booster transmitter does not ex- tion. An ITFS licensee or conditional ceed ¥9 dBW EIRP (or, when subchan- licensee seeking to install a low-power nels or superchannels, or 125 kHz chan- ITFS signal booster station under this nels, are used, the appropriately ad- rule must, within 48 hours after instal- justed value based upon the ratio of 6 lation, submit FCC Form 331 to the MHz to the subchannel or super- Commission in Washington, DC, and channel, or 125 kHz, bandwidth); and submit to International Transcription (ii) Where the booster is operating on Services, Inc., 1231 20th Street, NW., channel D4, E1, F1, E2, F2, E3, F3, E4, Washington, DC 20036, both in hard F4 and/or G1, no registered receiver of copy, and on a 3.5″″ computer diskette an ITFS E or F channel station, con- in ASCII, duplicates of the Form 331 structed prior to May 26, 1983, is lo- filed with the Commission, and the fol- cated within a 1 mile (1.61 km) radius lowing (which also shall be submitted of the coordinates of the booster, or in to the Commission only upon Commis- the alternative, that a consent state- sion staff request at any time): ment has been obtained from the af- (1) A description of the signal booster fected ITFS licensee; and technical specifications (including an (iii) The applicant has complied with antenna envelope plot or, if the enve- § 1.1307 of this chapter; and lope plot is on file with the Commis- (iv) Each MDS and/or ITFS station li- sion, the make and model of the an- censee (including the licensees of tenna, antenna gain and azimuth), the booster stations and response station coordinates of the booster, the height hubs) with protected service areas and/ of the center of radiation above mean or registered receivers within a 8 km (5 sea level, the street address of the sig- mile) radius of the coordinates of the nal booster, and a description of the booster has been given notice of its in- booster service area; and stallation; and

495

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00495 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.985 47 CFR Ch. I (10–1–99 Edition)

(v) The signal booster site is within height) and the transmission param- the protected service area of the ITFS eters of the ITFS station whose chan- station whose channels are to be re- nels are to be reused by the high-power used; and ITFS signal booster station. Upon the (vi) The aggregate power flux density submission of a letter informing the of the ITFS station and all associated Commission of completion of construc- booster stations and simultaneously tion of an ITFS booster station applied operating cochannel response stations for pursuant to paragraph (b) of this licensed to or applied for by the appli- section, or upon the submission of an cant does not exceed ¥73 dBW/m2 (or, ITFS booster station notification pur- when subchannels or 125 kHz channels suant to paragraph (e) of this section, are used, the appropriately adjusted the ITFS station whose channels are value based upon the ratio of the chan- being reused by the ITFS signal boost- nel-to-subchannel or 125 kHz er shall no longer be entitled to inter- bandwidths) at or beyond the boundary ference protection pursuant to of the protected service area of the §§ 21.902(i) of this chapter, 21.938(b)(3) of main ITFS station whose channels are this chapter and 74.903 within the to be reused, as measured at locations booster service area based on the trans- for which there is an unobstructed sig- mission parameters of the ITFS station nal path, unless the consent of affected whose channels are being reused. A licensees has been obtained; and booster station shall not be entitled to (vii) The antenna structure will ex- protection from interference caused by tend less than 6.10 meters (20 feet) facilities proposed on or prior to the above the ground or natural formation day the application or notification for or less than 6.10 meters (20 feet) above the booster station is filed. A booster an existing manmade structure (other station shall not be required to protect than an antenna structure); and from interference facilities proposed on (viii) The ITFS conditional licensee or after the day the application or no- or licensee understands and agrees that tification for the booster station is in the event harmful interference is filed. claimed by the filing of an objection or (g) Where an application is granted petition to deny, the conditional li- under paragraph (d) of this section, if a censee or licensee must terminate op- facility operated pursuant to that eration within two (2) hours of notifi- grant causes harmful, unauthorized in- cation by the Commission, and must terference to any cochannel or adja- not recommence operation until recent channel facility, it must promptly ceipt of written authorization to do so remedy the interference or imme- by the Commission. diately cease operations of the inter- (f) Commencing upon the filing of an fering facility, regardless of whether application for a high-power ITFS sig- any petitions to deny or for other relief nal booster station license and until were filed against the application dur- such time as the application is dising the application process. The burden missed or denied or, if the application of proving that a high-power ITFS sig- is granted, a letter informing the Com- nal booster station is not causing mission of completion of construction harmful, unauthorized interference lies is submitted, an applicant for any new on the licensee of the alleged inter- or modified MDS or ITFS station (in- fering facility, following the filing of a cluding any response station hub, high- documented complaint of interference power booster station, or I channels by an affected party. station) shall demonstrate compliance (h) In the event any MDS or ITFS re- with the interference protection receive site suffers interference due to quirements set forth in §§ 21.902(i) of block downconverter overload, the li- this chapter, 21.938(b)(3) of this chapter censee of each signal booster station or 74.903 with respect to any pre- within five miles of such receive site viously-proposed or authorized booster shall cooperate in good faith to expedi- service area both using the trans- tiously identify the source of the inter- mission parameters of the high-power ference. Each licensee of a signal ITFS signal booster station (e.g., booster station contributing to such EIRP, polarization(s) and antenna interference shall bear the joint and

496

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.986

several obligation to promptly remedy (2) If the initiating party is prevented all interference resulting from block from operating at a higher transmitter downconverter overload at any ITFS output power or EIRP because such receive site registered prior to the sub- power level will cause harmful inter- mission of the application or notifica- ference to an ITFS station and modi- tion for the signal booster station or at fying the ITFS station will avoid such any receive site within an MDS or harmful interference; ITFS protected service area applied for (3) If the initiating party is prevented prior to the submission of the applica- from installing a signal booster be- tion or notification for the signal cause such installation will cause booster station, regardless of whether harmful interference to an ITFS sta- the receive site suffering the inter- tion and modifying the ITFS station ference was constructed prior to or will avoid harmful interference; after the construction of the signal (4) If an ITFS licensee uses equip- booster station(s) causing the ment incapable of meeting the aural downconverter overload; provided, power standard specified in § 74.935(d) however, that the licensee of the reg- and that equipment becomes a source istered ITFS receive site or the MDS or of harmful adjacent-channel inter- ITFS protected service area must co- ference, and other equipment would operate fully and in good faith with ef- avoid such harmful intereference. forts by the signal booster station li- (5) If an ITFS licensee uses equip- censee to prevent interference before ment incapable of meeting the trans- constructing the signal booster station mitter tolerance standard specified in and/or to remedy interference that may § 74.961 of this part and that equipment occur. In the event that more than one becomes a source of harmful co-chan- signal booster station licensee contrib- nel interference, and other equipment utes to block downconverter inter- would avoid the harmful interference; ference at a MDS or ITFS receive site, (6) If an ITFS licensee uses equip- the licensees of the contributing signal ment incapable of meeting the out-of- booster stations shall cooperate in band emissions standard specified in good faith to remedy promptly the in- § 74.936 of this part and that equipment terference. becomes a source of harmful adjacent- [63 FR 65125, Nov. 25, 1998] channel interference, and other equipment would avoid the harmful inter- EFFECTIVE DATE NOTE: At 63 FR 65125, Nov. ference; and 25, 1998, § 74.985 was revised. Paragraphs (a), (b) and (d) through (f) contain information (7) If harmful adjacent-channel inter- collection and recordkeeping requirements ference may be avoided by colocation and will not be effective until approved by of an ITFS facility with its own facili- the Office of Management and Budget. ties. (8) There are no response station § 74.986 Involuntary ITFS station hubs licensed to or previously-proposed modifications. by any of the parties specified in para- (a) Parties specified in paragraph (b) graph (b) of this section, in the same of this section may, subject to Com- system as the existing ITFS licensee of mission approval, involuntarily modify whose facilities involuntary modifica- the facilities of an existing ITFS li- tion is sought; however, in no event censee in the following situations: shall the Commission approve an invol- (1) If the initiating party is prevented untary retuning of an existing ITFS li- from invoking the 0 dB interference censee’s station to other frequencies, protection standard (see § 21.902(f)(2) of except as provided in § 74.902(i) through this chapter and § 74.903(a)(2) of this (k). part) for projecting its impact on an (b) Involuntary modification may be existing ITFS licensee because of that sought by an MDS, MMDS or ITFS li- licensee’s pre-May 26, 1983, facilities, censee, conditional licensee, permittee the applicant, permittee or licensee or applicant. Opposed applicants do not may modify the facilities of the pre-ex- have authority to seek involuntary co- isting ITFS station with equipment location. An opposed application is one adequate to perform at that level of in- that faces a competing application(s) terference; or petition(s) to deny. Applicants will

497

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.990 47 CFR Ch. I (10–1–99 Edition)

be required to confirm their unopposed and the ITFS licensee has the right to status after the period for competing inspect the construction or installation applications and petitions to deny has work. passed. If an initiating application is [56 FR 57820, Nov. 14, 1991, as amended at 63 opposed, the companion ITFS modi- FR 65127, Nov. 25, 1998] fication application will be returned. It may be refiled when the initial applica- § 74.990 Use of available instructional tion is again unopposed. television fixed service frequencies (c) The application for involuntary by wireless cable entities. modification must be prepared, signed (a) Notwithstanding the provisions and filed by the initiating party. The §§ 74.931 and 74.932 of this part, a wire- applicant must submit FCC Form 330 less cable entity may be licensed on in- but need not fill out section II (Legal structional television fixed service fre- Qualifications), and the application quencies in areas where at least eight must include a cover letter clearly in- other instructional television fixed dicating that the modification is invol- service channels remain available in untary and identifying the parties in- the community for future ITFS use. volved. A copy of the application must Channels will be considered available be served on the affected ITFS party on for future ITFS use if there are no co- or before the day of filing. The ITFS channel operators or applicants within party to be modified will have a 60-day 80.5 km (50 miles) of the transmitter period in which to oppose the modifica- site of the proposed wireless cable option application; the opposition should eration, and if the transmitter site re- state objections to the modification mains available for use at reasonable with specificity, including engineering terms by new ITFS applicants on those and other challenges. If the modifica- channels within three years of com- tion includes colocation, the opponent mencing operation. should address the desirability of the (b) No more than eight instructional present site compared to the proposed television fixed service channels per new site. community may be licensed to wireless (d) The party initiating the modifica- cable entities. tion will be responsible for all costs (c) To be licensed on instructional connected with the modification, in- television fixed service channels, a cluding purchasing, testing and install- wireless cable applicant must hold a ing new equipment, labor costs, recon- conditional license, license or a lease, figuration of existing equipment, ad- or must have filed an unopposed appli- ministrative costs, legal and engineer- cation for at least four MDS channels ing expenses necessary to prepare and to be used in conjunction with the fa- file the modification application, and cilities proposed on the ITFS fre- other reasonable documented costs. quencies. An unopposed application is The initiating party must secure a one that faces no competing applica- bond or establish an escrow account to tion(s) or petition(s) to deny. Appli- cover reasonable incremental increase cants will be required to confirm their in ongoing expenses that will fall upon unopposed status after the period for the modified ITFS entity and to cover filing competing applications and peti- expenses that would inure to the modi- tions to deny has passed. If an MDS or fied ITFS entity in the event the initi- MMDS application is opposed, the com- ating party becomes bankrupt. In es- panion ITFS application will be re- tablishing a bond or escrow amount, turned. such factors as projected electricity or (d) To be licensed on instructional maintenance expenses, or relocation television fixed service channels, a expenses must be taken into account, wireless cable applicant must show as relevant in each case. that there are no multipoint distribu- (e) The involuntarily modified facili- tion service or multichannel ties must be operational before the ini- multipoint distribution service chan- tiating party will be permitted to begin nels available for application, purchase its new or modified operations. The or lease that could be used in lieu of modification must not disrupt the the instructional television fixed serv- ITFS licensee’s provision of service, ice frequencies applied for. A wireless

498

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.991

cable entity may apply for instruc- service channels must give local public tional television fixed service fre- notice of the filing of its application in quencies at the same time it applies for a newspaper. The local public notice the related MDS or MMDS frequencies, must be made in a daily newspaper of but if that MDS or MMDS application general circulation published in the is opposed by a timely filed mutually community in which the proposed sta- exclusive application or petition to tion will be located at least twice a deny, the application for ITFS facili- week for two consecutive weeks in a ties will be returned. three week period. If there is no such (e) If an instructional television fixed daily newspaper, notice must be made service application and a wireless cable in a weekly newspaper of general cir- application for available instructional culation published in the community television fixed service facilities are once a week for three consecutive mutually exclusive, as defined at weeks in a four week period. If there is § 21.31(a) of this chapter, the instruc- no daily or weekly newspaper published tional television fixed service applica- in the community, notice must be tion will be granted if the applicant is made in the daily newspaper, wherever qualified. An instructional television published, that has the greatest gen- fixed service applicant may not file an eral circulation in the community application mutually exclusive with a twice a week for two consecutive weeks wireless cable application if there are within a three week period. other instructional television fixed (c) The public notice required by service channels available for the pro- paragraph (b) of this section shall con- posed instructional television fixed tain, where applicable, the following service facility. information: (f) The interference protection pro- (1) The name of the applicant if the vided wireless cable applicants and li- applicant is an individual, the names of censees of instructional television all partners if the applicant is a part- fixed service facilities will be that de- nership, or the names of all officers and scribed in § 21.902 of this chapter. directors and of those persons holding [56 FR 57820, Nov. 14, 1991, as amended at 58 10 percent or more of the capital stock FR 44951, Aug. 25, 1993] or other ownership interest if the applicant is a corporation or an unincor- § 74.991 Wireless cable application pro- porated association; cedures. (2) The purpose for which the applica- (a) A wireless cable applicant for tion will be filed (i.e., for a construc- available instructional television fixed tion permit for a wireless cable sys- service channels must file sections I tem); and V of FCC Form 330, with a com- (3) A statement that the channels ap- plete FCC Form 494 appended. A wire- plied for are ITFS channels normally less cable applicant must include with reserved for educational use, and a list its application a cover letter clearly of the specific frequencies or channels indicating that the application is for a on which the proposed station will op- wireless cable entity to operate on erate; ITFS channels. A wireless cable appli- (4) The date the application was ten- cation for available instructional tele- dered for filing with the FCC; vision fixed service channels will be (5) The facilities sought, including subject to § 21.914 of this chapter with type and class of station, power, loca- respect to other wireless cable appli- tion of studios, transmitter site and cants, and to the ITFS window filing antenna height; and period with respect to instructional television fixed service applications. (6) A statement that a copy of the ap- All lists of accepted applications for plication and related material are on ITFS frequencies, regardless of the na- file for public inspection at a stated ad- ture of the applicant, will be published dress in the community in which the as ITFS public notices. station is located or is proposed to be (b) Within 30 days of filing its appli- located. cation, a wireless cable applicant for [56 FR 57821, Nov. 14, 1991, as amended at 60 available instructional television fixed FR 20247, Apr. 25, 1995]

499

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00499 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.992 47 CFR Ch. I (10–1–99 Edition)

§ 74.992 Access to channels licensed to entitled to access from the wireless wireless cable entities. cable entity. Access will not be granted (a) An educational institution or en- to a single entity for more than four tity that would be eligible for ITFS channels, unless it can satisfy the channels that are licensed to a wireless waiver provisions of § 74.902(d) of this cable entity may be entitled to access part. to those channels. Requests for access (e) When an ITFS entity is granted may be made by application to the access to an ITFS channel of a wireless Commission on FCC Form 330 with a cable licensee, the wireless cable li- copy simultaneously served on the censee will be required to pay half of wireless cable licensee. An applicant the cost of five standard receive sites for access must fill out sections I, II, on that channel. The wireless cable en- III and IV of the ITFS application tity may, at its option, pay the costs of Form 330. Section I, question 1 should an application and facility construc- be answered by spelling out, ‘‘For action for such ITFS entity on other cess to existing facilities.’’ Section I, available ITFS channels, including half question 2b should include the name of of the cost of five receive sites per the wireless cable licensee or appli- channel. cant. A cover letter must clearly indi- (f) An instructional television fixed cate that the application is for ITFS service entity granted access to in- access to a wireless cable entity’s fa- structional television fixed service cilities on ITFS channels. channels licensed to a wireless cable (b) An ITFS entity determined by the entity will have the interference pro- Commission to have right of access to tection afforded ITFS licensees (see wireless cable licensed facilities may § 74.903 of this part). have access to a maximum of 40 hours (g) After three years of operation, a per channel per week. The ITFS entity wireless cable entity licensed to use has the right to designate 20 of those ITFS channels will not be required to hours as follows: grant new or additional access to such (1) 3 hours of the ITFS entity’s ITFS channels, or provide any alter- choice each day, Monday through Fri- native facilities to any ITFS entity day, between 8 a.m. and 10 p.m., exclud- seeking access to its facilities, if there ing weekends, holidays and school va- are suitable ITFS frequencies available cations; and for the ITFS entity to build its own (2) The remaining five hours any system. time of the ITFS entity’s choice be- (h) The parties may mutually agree tween 8 a.m. and 10 p.m., Monday to modify any requirements or obliga- through Saturday. tions imposed by these provisions, ex- (c) No time-of-day and day-of-week cept for the requirement that an edu- obligations will be imposed on either cational entity use at least 20 hours party with respect to the other 20 per week on a channel of a wireless hours of access time. cable licensee before requesting access (d) The ITFS user must provide the to an additional channel. wireless cable licensee with its planned scheduled of use four months in ad- [56 FR 57821, Nov. 14, 1991] vance. No minimum amount of programming will be required of an ITFS § 74.996 Applicability of cable EEO re- operator seeking access to one channel; quirements to ITFS facilities. for access to a second channel, the Notwithstanding other EEO provi- ITFS user must use at least 20 hours sions within §§ 1.815 and 21.307 of this per week on the first channel from 8 chapter, an entity that uses an owned a.m. to 10 p.m., Monday through Satur- or leased MDS, MMDS and/or ITFS fa- day; for access to a third channel, the cility to provide more than one chan- ITFS entity must use at least 20 hours nel of video programming directly to per week on the first channel and on the public must comply with the equal the second channel during the hours employment opportunity requirements prescribed above, and so on. Only one set forth in part 76, subpart E of this educational institution or entity per chapter, if such entity exercises con- wireless cable licensed channel will be trol (as defined in part 76, subpart E of

500

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1202

this chapter) over the video program- (f) FM broadcast booster station. A sta- ming it distributes. With respect to the tion in the broadcasting service oper- use of an ITFS facility, the EEO provi- ated for the sole purpose of retransmit- sions set forth in part 76, subpart E do ting the signals of an FM radio broad- not apply to an accredited institution cast station, by amplifying and reradi- or government organization engaged in ating such signals, without signifi- the formal education of enrolled stu- cantly altering any characteristic of dents or to a nonprofit organization the incoming signal other than its am- whose purposes are educational and in- plitude. clude providing educational and in- (g) Translator coverage contour. The structional television material to such coverage contour for an FM translator accredited institutions and govern- providing ‘‘fill-in’’ service is congruent mental organizations. with its parent station: For a fill-in [58 FR 42250, Aug. 9, 1993] translator for a commercial Class B station it is the predicted 0.5 mV/m field strength contour; for a fill-in Subparts J—K [Reserved] translator for a commercial Cass B1 station it is the predicted 0.7 mV/m Subpart L—FM Broadcast Trans- field strength contour; and for a fill-in lator Stations and FM Broad- translator for all other classes of com- cast Booster Stations mercial stations as well as all noncommercial educational stations it is the predicted 1 mV/m field strength SOURCE: 35 FR 15388, Oct. 2, 1970, unless otherwise noted. contour. A fill-in FM translator’s coverage contour must be contained with- § 74.1201 Definitions. in the primary station’s coverage contour. The protected contour for an FM (a) FM translator. A station in the translator station is its predicted 1 broadcasting service operated for the mV/m contour. purpose of retransmitting the signals of an FM radio broadcast station or an- (h) Fill-in area. The area where the other FM broadcast translator station coverage contour of an FM translator without significantly altering any or booster station is within the pro- characteristics of the incoming signal tected contour of the associated pri- other than its frequency and ampli- mary station (i.e., predicted 0.5 mV/m tude, in order to provide FM broadcast contour for commercial Class B sta- service to the general public. tions, predicted 0.7 mV/m contour for commercial Class B1 stations, and pre- (b) Commercial FM translator. An FM dicted 1 mV/m contour for all other broadcast translator station which re- classes of stations). broadcasts the signals of a commercial FM radio broadcast station. (i) Other area. The area where the coverage contour of an FM translator (c) Noncommercial FM translator. An station extends beyond the protected FM broadcast translator station which contour of the primary station (i.e., rebroadcasts the signals of a non- predicted 0.5 mV/m contour for com- commercial educational FM radio mercial Class B stations, predicted 0.7 broadcast station. mV/m contour for commercial Class B1 (d) Primary station. The FM radio stations, and predicted 1 mV/m contour broadcast station radiating the signals for all other classes of stations). which are retransmitted by an FM broadcast translator station or an FM [35 FR 15388, Oct. 2, 1970, as amended at 45 FR broadcast booster station. 37842, June 5, 1980; 52 FR 31405, Aug. 20, 1987; (e) FM radio broadcast station. When 55 FR 50693, Dec. 10, 1990] used in this Subpart L, the term FM broadcast station or FM radio broad- § 74.1202 Frequency assignment. cast station refers to commercial and (a) An applicant for a new FM broad- noncommercial educational FM radio cast translator station or for changes broadcast stations as defined in § 2.1 of in the facilities of an authorized trans- this chapter, unless the context indi- lator station shall endeavor to select a cates otherwise. channel on which its operation is not

501

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1203 47 CFR Ch. I (10–1–99 Edition)

likely to cause interference to the re- translator or booster station, regard- ception of other stations. The applica- less of the quality of such reception, tion must be specific with regard to the the strength of the signal so used, or frequency requested. Only one output the channel on which the protected sig- channel will be assigned to each trans- nal is transmitted. lator station. (b) If interference cannot be properly (b) Subject to compliance with all eliminated by the application of suit- the requirements of this subpart, FM able techniques, operation of the of- broadcast translators may be author- fending FM translator or booster sta- ized to operate on the following FM tion shall be suspended and shall not be channels, regardless of whether they resumed until the interference has are assigned for local use in the FM been eliminated. Short test trans- Table of Allotments (§ 73.202(b) of this missions may be made during the pe- chapter): riod of suspended operation to check (1) Commercial FM translators: Chan- the efficacy of remedial measures. If a nels 221–300 as identified in § 73.201 of complainant refuses to permit the FM this chapter. translator or booster licensee to apply (2) Noncommercial FM translators: remedial techniques which demon- Channels 201–300 as identified in § 73.201 strably will eliminate the interference of this chapter. Use of reserved chan- without impairment to the original re- nels 201–220 is subject to the restric- ception, the licensee of the FM trans- tions specified in § 73.501 of this chap- lator or booster station is absolved of ter. further responsibility for that com- (3) In Alaska, FM translators oper- plaint. ating on Channels 201–260 (88.1–99.9 MHz) shall not cause harmful inter- (c) An FM booster station will be ex- ference to and must accept inter- empted from the provisions of para- ference from non-Government fixed op- graphs (a) and (b) of this section to the erations authorized prior to January 1, extent that it may cause limited inter- 1982. ference to its primary station’s signal, (c) An FM broadcast booster station provided it does not disrupt the existing will be assigned the channel assigned service of its primary station or cause to its primary station. such interference within the boundaries of the principal community of its [35 FR 15388, Oct. 2, 1970, as amended at 39 FR primary station. 12990, Apr. 10, 1974; 47 FR 30068, July 12, 1982; (d) A fill-in FM translator operating 52 FR 8260, Mar. 17, 1987; 55 FR 50693, Dec. 10, 1990] on the first, second or third adjacent channel to its primary station’s chan- § 74.1203 Interference. nel will be exempt from the provisions (a) An authorized FM translator or of paragraphs (a) and (b) of this section booster station will not be permitted to the extent that it may cause limited to continue to operate if it causes any interference to its primary station’s actual interference to: signal, provided it does not disrupt the (1) The transmission of any author- existing service of its primary station ized broadcast station; or or cause such interference within the (2) The reception of the input signal boundaries of the principal community of any TV translator, TV booster, FM of its primary station. translator or FM booster station; or (e) It shall be the responsibility of (3) The direct reception by the public the licensee of an FM translator or FM of the off-the-air signals of any author- booster station to correct any condi- ized broadcast station including TV tion of interference which results from Channel 6 stations, Class D (secondary) the radiation of radio frequency energy noncommercial educational FM sta- by its equipment on any frequency out- tions, and previously authorized and side the assigned channel. Upon notice operating FM translators and FM by the Commission to the station li- booster stations. Interference will be censee that such interference is being considered to occur whenever reception caused, the operation of the FM trans- of a regularly used signal is impaired lator or FM booster station shall be by the signals radiated by the FM suspended within three minutes and

502

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00502 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1204

shall not be resumed until the inter- Fre- Interference contour of ference has been eliminated or it can quency Protected contour of separa- proposed translator sta- any other station be demonstrated that the interference tion tion is not due to spurious emissions by the FM translator or FM booster station; 600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu). provided, however, that short test trans- (b) The following standards must be missions may be made during the pe- used to compute the distances to the riod of suspended operation to check pertinent contours: the efficacy of remedial measures. (1) The distances to the protected [55 FR 50693, Dec. 10, 1990, as amended at 60 contours are computed using Figure 1 FR 55484, Nov. 1, 1995] of § 73.333 [F(50,50) curves] of this chapter. § 74.1204 Protection of FM broadcast (2) The distances to the interference stations and FM translators. contours are computed using Figure 1a (a) An application for an FM trans- of § 73.333 [F(50,10) curves] of this chap- lator station will not be accepted for ter. In the event that the distance to filing if the proposed operation would the contour is below 16 kilometers (ap- involve overlap of predicted field proximately 10 miles), and therefore strength contours with any other au- not covered by Figure 1a, curves in thorized station, including commercial Figure 1 must be used. and noncommercial educational FM (3) The effective radiated power broadcast stations, FM translators and (ERP) to be used is the maximum ERP Class D (secondary) noncommercial of the main radiated lobe in the perti- educational FM stations, as set forth nent azimuthal direction. If the trans- below: mitting antenna is not horizontally po- (1) Commercial Class B FM Stations larized only, either the vertical compo- (Protected Contour: 0.5 mV/m) nent or the horizontal component of the ERP should be used, whichever is Fre- greater in the pertinent azimuthal di- quency Interference contour of Protected contour of proposed translator sta- commercial Class B rection. separation station tion (4) The antenna height to be used is Co- 0.05 mV/m (34 dBu) 0.5 mV/m (54 dBu). the height of the radiation center chan- above the average terrain along each nel. pertinent radial, determined in accord- 200 kHz 0.25 mV/m (48 dBu) 0.5 mV/m (54 dBu). 400 kHz 5.00 mV/m (74 dBu) 0.5 mV/m (54 dBu). ance with § 73.313(d) of this chapter. 600 kHz 50.0 mV/m (94 dBu) 0.5 mV/m (54 dBu). (c) An application for a change (other than a change in channel) in the au- (2) Commercial Class B1 FM Stations thorized facilities of an FM translator (Protected Contour: 0.7 mV/m) station will be accepted even though overlap of field strength contours Fre- Interference contour of Protected contour of would occur with another station in an quency proposed translator sta- commercial Class B1 separation station area where such overlap does not al- tion ready exist, if: Co- 0.07 mV/m (37 dBu) 0.7 mV/m (57 dBu). (1) The total area of overlap with chan- that station would not be increased: nel. 200 kHz 0.35 mV/m (51 dBu) 0.7 mV/m (57 dBu). (2) The area of overlap with any 400 kHz 7.00 mV/m (77 dBu) 0.7 mV/m (57 dBu). other station would not increase; 600 kHz 70.0 mV/m (97 dBu) 0.7 mV/m (57 dBu). (3) The area of overlap does not move significantly closer to the station re- (3) All Other Classes of FM Stations ceiving the overlap; and, (Protected Contour: 1 mV/m (4) No area of overlap would be created with any station with which the Fre- Interference contour of overlap does not now exist. quency proposed translator sta- Protected contour of separa- any other station (d) The provisions of this section con- tion tion cerning prohibited overlap will not Co- 0.1 mV/m (40 dBu) 1 mV/m (60 dBu). apply where the area of such overlap chan- lies entirely over water. In addition, an nel. 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu). application otherwise precluded by this 400 kHz 10 mV/m (80 dBu) 1 mV/m (60 dBu). section will be accepted if it can be

503

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00503 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1205 47 CFR Ch. I (10–1–99 Edition)

demonstrated that no actual inter- can borders and it does not comply ference will occur due to intervening with § 74.1235(d) of this part. terrain, lack of population or such (i) FM booster stations shall be sub- other factors as may be applicable. ject to the requirement that the signal (e) The provisions of this section will of any first adjacent channel station not apply to overlap between a pro- must exceed the signal of the booster posed fill-in FM translator station and station by 6 dB at all points within the its primary station operating on a protected contour of any first adjacent first, second or third adjacent channel, channel station, except that in the case provided That such operation may not of FM stations on adjacent channels at result in interference to the primary spacings that do not meet the min- station within its principal commu- imum distance separations specified in nity. § 73.207 of this chapter, the signal of (f) An application for an FM trans- any first adjacent channel station lator station will not be accepted for must exceed the signal of the booster filing even though the proposed oper- by 6 dB at any point within the pre- ation would not involve overlap of field dicted interference free contour of the strength contours with any other sta- adjacent channel station. tion, as set forth in paragraph (a) of (j) FM translator stations authorized this section, if the predicted 1 mV/m prior to June 1, 1991 with facilities that field strength contour of the FM trans- do not comply with the predicted inter- lator station will overlap a populated ference protection provisions of this area already receiving a regularly used, section, may continue to operate, pro- off-the-air signal of any authorized co- vided that operation is in conformance channel, first, second or third adjacent with § 74.1203 regarding actual inter- channel broadcast station, including ference. Applications for major Class D (secondary) noncommercial changes in FM translator stations educational FM stations and grant of must specify facilities that comply the authorization will result in inter- with provisions of this section. ference to the reception of such signal. (g) An application for an FM trans- [55 FR 50694, Dec. 10, 1990, as amended at 56 lator or an FM booster station that is FR 56170, Nov. 1, 1991; 58 FR 42025, Aug. 6, 53 or 54 channels removed from an FM 1993] radio broadcast station will not be ac- § 74.1205 Protection of channel 6 TV cepted for filing if it fails to meet the broadcast stations. required separation distances set out in § 73.207 of this chapter. For purposes of The provisions of this section apply determining compliance with § 73.207 of to all applications for construction per- this chapter, translator stations will be mits for new or modified facilities for a treated as Class A stations and booster noncommercial educational FM trans- stations will be treated the same as lator station on Channels 201–220, un- their FM radio broadcast station less the application is accompanied by equivalents. FM radio broadcast sta- a written agreement between the NCE– tion equivalents will be determined in FM translator applicant and each af- accordance with §§ 73.210 and 73.211 of fected TV Channel 6 broadcast station this chapter, based on the booster sta- licensee or permittee concurring with tion’s ERP and HAAT. Provided, how- the proposed NCE–FM translator facil- ever, that FM translator stations and ity. booster stations operating with less (a) An application for a construction than 100 watts ERP will be treated as permit for new or modified facilities class D stations and will not be subject for a noncommercial educational FM to intermediate frequency separation translator station operating on Chan- requirements. nels 201–220 must include a showing (h) An application for an FM trans- that demonstrates compliance with lator station will not be accepted for paragraph (b), (c) or (d) of this section filing if it specifies a location within if it is within the following distances of 320 kilometers (approximately 199 a TV broadcast station which is au- miles) of either the Canadian or Mexi- thorized to operate on Channel 6.

504

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00504 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1231

Distance Interference FM Channel (kilometers) Contour FM channel F(50,10) 201 ...... 148 curves 202 ...... 146 (dBu) 203 ...... 143 204 ...... 141 204 ...... 62 205 ...... 140 205 ...... 64 206 ...... 137 206 ...... 69 207 ...... 135 207 ...... 73 208 ...... 135 208 ...... 73 209 ...... 135 209 ...... 73 210 ...... 135 210 ...... 73 211 ...... 135 211 ...... 73 212 ...... 135 212 ...... 74 213 ...... 135 213 ...... 75 214 ...... 134 214 ...... 77 215 ...... 134 216 ...... 133 215 ...... 78 217 ...... 133 216 ...... 80 218 ...... 132 217 ...... 81 219 ...... 132 218 ...... 85 220 ...... 131 219 ...... 88 220 ...... 90 (b) Collocated stations. An application for a noncommercial educational FM (d) FM translator stations authorized translator station operating on Chan- prior to June 1, 1991 with facilities that nels 201–220 and located at 0.4 kilo- do not comply with the predicted inter- meter (approximately 0.25 mile) or less ference protection provisions of this from a TV Channel 6 station will be ac- section, may continue to operate, pro- cepted if it includes a certification vided that operation is in conformance that the applicant has coordinated its with § 74.1203 regarding actual inter- antenna with the affected TV station. ference. Applications for major (c) Contour overlap. Except as pro- changes in FM translator stations vided in paragraph (b) of this section, must specify facilities that comply an application for a noncommercial with the provisions of this section. educational FM translator station op- [55 FR 50695, Dec. 10, 1990, as amended at 58 erating on Channels 201–220 will not be FR 42025, Aug. 6, 1993] accepted if the proposed operation would involve overlap of its inter- § 74.1231 Purpose and permissible ference field strength contour with any service. TV Channel 6 station’s Grade B con- (a) FM translators provide a means tour, as set forth below. whereby the signals of FM broadcast (1) The distances to the TV Channel 6 stations may be retransmitted to areas station Grade B (47 dBu) field strength in which direct reception of such FM contour will be predicted according to broadcast stations is unsatisfactory the procedures specified in § 73.684 of due to distance or intervening terrain this chapter, using the F(50,50) curves barriers. in § 73.699, Figure 9 of this chapter. (b) An FM translator may be used for (2) The distances to the applicable the purpose of retransmitting the sig- noncommercial educational FM trans- nals of a primary FM radio broadcast lator interference contour will be pre- station or another translator station dicted according to the procedures the signal of which is received directly specified in § 74.1204(b) of this part. through space, converted, and suitably (3) The applicable noncommercial amplified. However, an FM translator educational FM translator interference providing fill-in service may use any contours are as follows: terrestrial facilities to receive the sig- Interference nal that is being rebroadcast. An FM Contour booster station or a noncommercial FM channel F(50,10) curves educational FM translator station that (dBu) is operating on a reserved channel (Channels 201–220) and is owned and op- 201 ...... 54 202 ...... 56 erated by the licensee of the primary 203 ...... 59 noncommercial educational station it

505

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00505 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1231 47 CFR Ch. I (10–1–99 Edition)

rebroadcasts may use alternative sig- tion, or between broadcast stations, as pro- nal delivery means, including, but not vided in paragraphs 74.531 (a) and (b) of this limited to, satellite and terrestrial part. Prior to filing an application for an microwave facilities. Provided, how- auxiliary intercity relay microwave fre- ever, that an applicant for a non- quency, the applicant shall notify the local frequency coordination committee, or, in the commercial educational translator op- absence of a local frequency coordination erating on a reserved channel (Channel committee, any licensees assigned the use of 201–220) and owned and operated by the the proposed operating frequency in the in- licensee of the primary noncommercial tended location or area of operation. educational FM station it rebroadcasts complies with either paragraph (b)(1) (c) The transmissions of each FM or (b)(2) of this section: translator or booster station shall be (1) The applicant demonstrates that: intended only for direct reception by (i) The transmitter site of the pro- the general public. An FM translator posed FM translator station is within or booster shall not be operated solely 80 kilometers of the predicted 1 mV/m for the purpose of relaying signals to contour of the primary station to be one or more fixed received points for rebroadcast; or, retransmission, distribution, or further (ii) The transmitter site of the pro- relaying in order to establish a point- posed FM translator station is more to-point FM radio relay system. than 160 kilometers from the trans- (d) The technical characteristics of mitter site of any authorized full serv- the retransmitted signals shall not be ice noncommercial educational FM deliberately altered so as to hinder re- station; or, ception on conventional FM broadcast (iii) The application is mutually ex- receivers. clusive with an application containing (e) An FM translator shall not delib- the showing as required by erately retransmit the signals of any § 74.1231(b)(2) (i) or (ii) of this section; station other than the station it is au- or, thorized to retransmit. Precautions (iv) The application is filed after Oc- shall be taken to avoid unintentional tober 1, 1992. retransmission of such other signals. (2) If the transmitter site of the pro- (f) A locally generated radio fre- posed FM translator station is more quency signal similar to that of an FM than 80 kilometers from the predicted 1 broadcast station and modulated with mV/m contour of the primary station aural information may be connected to to be rebroadcast or is within 160 kilo- the input terminals of an FM trans- meters of the transmitter site of any lator for the purpose of transmitting authorized full service noncommercial voice announcements. The radio fre- educational FM station, the applicant quency signals shall be on the same must show that: channel as the normally used off-the- (i) An alternative frequency can be air signal being rebroadcast. Connec- used at the same site as the proposed tion of the locally generated signals FM translator’s transmitter location shall be made by any automatic means and can provide signal coverage to the when transmitting originations con- same area encompassed by the appli- cerning financial support. The connec- cant’s proposed 1 mV/m contour; or, tions for emergency transmissions may (ii) An alternative frequency can be be made manually. The apparatus used used at a different site and can provide to generate the local signal that is signal coverage to the same area en- used to modulate the FM translator compassed by the applicant’s proposed must be capable of producing an aural 1 mV/m contour. signal which will provide acceptable re- NOTE: For paragraphs 74.1231(b) and ception on FM receivers designed for 74.1231(h) of this section, auxiliary intercity the transmission standards employed relay station frequencies may be used to de- by FM broadcast stations. liver signals to FM translator and booster (g) The aural material transmitted as stations on a secondary basis only. Such use shall not interfere with or otherwise pre- permitted in paragraph (f) of this sec- clude use of these frequencies for transmit- tion shall be limited to emergency ting aural programming between the studio warnings of imminent danger and to and transmitter location of a broadcast sta- seeking or acknowledging financial

506

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00506 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1232

support deemed necessary to the con- § 74.1232 Eligibility and licensing re- tinued operation of the translator. quirements. Originations concerning financial sup- (a) Subject to the restrictions set port are limited to a total of 30 seconds forth in paragraph (d) of this section, a an hour. Within this limitation the license for an FM broadcast translator length of any particular announcement station may be issued to any qualified will be left to the discretion of the individual, organized group of individ- translator station licensee. Solicita- uals, broadcast station licensee, or tions of contributions shall be limited local civil governmental body, upon an to the defrayal of the costs of installa- appropriate showing that plans for fi- tion, operation and maintenance of the nancing the installation and operation translator or acknowledgements of fi- of the translator are sufficiently sound nancial support for those purposes. to assure prompt construction of the Such acknowledgements may include translator and dependable service. identification of the contributors, the (b) More than one FM translator may size or nature of the contributions and be licensed to the same applicant, advertising messages of contributors. whether or not such translators serve Emergency transmissions shall be no substantially the same area, upon an longer or more frequent than necessary appropriate showing of technical need to protect life and property. for such additional stations. FM trans- (h) FM broadcast booster stations lators are not counted as FM stations provide a means whereby the licensee for the purpose of § 73.3555 of this chap- of an FM broadcast station may pro- ter concerning multiple ownership. vide service to areas in any region NOTE: As used in this section need refers to within the primary station’s predicted, the quality of the signal received and not to authorized service contours. An FM the programming content, format, or trans- broadcast booster station is authorized mission needs of an area. to retransmit only the signals of its (c) Only one input and one output primary station which have been re- channel will be assigned to each FM ceived directly through space and suit- translator. Additional FM translators ably amplified, or received by alter- may be authorized to provide addi- native signal delivery means including, tional reception. A separate applica- but not limited to, satellite and terres- tion is required for each FM translator trial microwave facilities. The FM and each application shall be complete booster station shall not retransmit in all respects. the signals of any other station nor (d) An authorization for an FM trans- make independent transmissions, ex- lator whose coverage contour extends cept that locally generated signals may beyond the protected contour of the be used to excite the booster apparatus commercial primary station will not be for the purpose of conducting tests and granted to the licensee or permittee of measurements essential to the proper a commercial FM radio broadcast sta- installation and maintenance of the ap- tion. Similarly, such authorization will paratus. not be granted to any person or entity having any interest whatsoever, or any NOTE: In the case of an FM broadcast station authorized with facilities in excess of connection with a primary FM station. those specified by § 73.211 of this chapter, an Interested and connected parties ex- FM booster station will only be authorized tend to group owners, corporate par- within the protected contour of the class of ents, shareholders, officers, directors, station being rebroadcast as predicted on the employees, general and limited part- basis of the maximum powers and heights set ners, family members and business as- forth in that section for the applicable class sociates. For the purposes of this para- of FM broadcast station concerned. graph, the protected contour of the primary station shall be defined as fol- [35 FR 15388, Oct. 2, 1970, as amended at 45 FR 37842, June 5, 1980; 52 FR 31406, Aug. 20, 1987; lows: the predicted 0.5mV/m contour 53 FR 14803, Apr. 26, 1988; 54 FR 35342, Aug. 25, for commercial Class B stations, the 1989; 55 FR 50695, Dec. 10, 1990; 57 FR 41111, predicted 0.7 mV/m contour for com- Sept. 9, 1992; 58 FR 42026, Aug. 6, 1993; 63 FR mercial Class B1 stations and the pre- 33879, June 22, 1998] dicted 1 mV/m field strength contour

507

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00507 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1232 47 CFR Ch. I (10–1–99 Edition)

for all other FM radio broadcast sta- translator stations in operation prior tions. The contours shall be as pre- to March 1, 1991 may continue to re- dicted in accordance with § 73.313(a) ceive contributions or support from the through (d) of this chapter. In the case commercial primary station for the op- of an FM radio broadcast station au- eration and maintenance of the trans- thorized with facilities in excess of lator station until March, 1, 1994. those specified by§ 73.211 of this chap- Thereafter, any such FM translator ter, a co-owned commercial FM trans- station shall be subject to the prohibi- lator will only be authorized within the tions on support contained in this sec- protected contour of the class of station. Such an FM translator station tion being rebroadcast, as predicted on may, however, receive technical assist- the basis of the maximum powers and ance from the primary station to the heights set forth in that section for the extent of installing or repairing equip- applicable class of FM broadcast sta- ment or making adjustments to equip- tion concerned. An FM translator sta- ment to assure compliance with the tion in operation prior to March 1, 1991, terms of the translator station’s con- which is owned by a commercial FM struction permit and license. FM trans- (primary) station and whose coverage lator stations in operation prior to contour extends beyond the protected June 1, 1991 may continue to receive contour of the primary station, may contributions or support from a com- continue to be owned by such primary mercial FM radio broadcast station for station until March 1, 1994. Thereafter, the operation and maintenance of the any such FM translator station must translator station until June 1, 1994. be owned by independent parties. An Thereafter, any such FM translator FM translator station in operation station shall be subject to the prohibi- prior to June 1, 1991, which is owned by tions on support contained in this sec- a commercial FM radio broadcast station. tion and whose coverage contour ex- NOTE: ‘‘Technical assistance’’ refers to ac- tends beyond the protected contour of tual services provided by the primary sta- the primary station, may continue to tion’s technical staff or compensation for the be owned by a commercial FM radio time and services provided by independent broadcast station until June 1, 1994. engineering personnel. Conversely, such support must not include the supply of equip- Thereafter, any such FM translator ment or direct funding for the translator’s station must be owned by independent discretionary use. ‘‘Technical assistance’’ parties. must occur after the issuance of the trans- (e) An FM translator station whose lator’s construction permit or license in coverage contour goes beyond the pro- order to meet expenses incurred by install- tected contour of the commercial pri- ing, repairing, or making adjustments to mary station shall not receive any sup- equipment. port, before or after construction, ei- (f) An FM broadcast booster station ther directly or indirectly, from the will be authorized only to the licensee commercial primary FM radio broad- or permittee of the FM radio broadcast cast station. Such support also may station whose signals the booster sta- not be received from any person or en- tion will retransmit, to serve areas tity having any interest whatsoever, or within the protected contour of the pri- any connection with the primary FM mary station, subject to Note, station. Interested and connected par- § 74.1231(h) of this part. ties extend to group owners, corporate (g) No numerical limit is placed upon parents, shareholders, officers, direc- the number of FM booster stations tors, employees, general and limited which may be licensed to a single li- partners, family members and business censee. A separate application is re- associates. Such an FM translator sta- quired for each FM booster station. FM tion may, however, receive technical broadcast booster stations are not assistance from the primary station to counted as FM broadcast stations for the extent of installing or repairing the purposes of § 73.5555 of this chapter equipment or making adjustments to concerning multiple ownership. equipment to assure compliance with (h) Any authorization for an FM the terms of the translator station’s translator station issued to an appli- construction permit and license. FM cant described in paragraphs (d) and (e)

508

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00508 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1233

of this section will be issued subject to grouped, according to filing date, be- the condition that it may be termi- hind the lead application in a queue. nated at any time, upon not less than The priority rights of the lead appli- sixty (60) days written notice, where cant, against all other applicants, are the circumstances in the community or determined by the date of filing, but area served are so altered as to have the filing date for subsequent, con- prohibited grant of the application had flicting applicants only reserves a such circumstances existed at the time place in the queue. The rights of an ap- of its filing. plicant in a queue ripen only upon a final determination that the lead appli- [35 FR 15388, Oct. 2, 1970, as amended at 43 FR 14660, Apr. 7, 1978; 52 FR 10571, Apr. 2, 1987; 52 cant is unacceptable and if the queue FR 31406, Aug. 20, 1987; 55 FR 50696, Dec. 10, member is reached and found accept- 1990; 58 FR 42026, Aug. 6, 1993] able. The queue will remain behind the lead applicant until a construction per- § 74.1233 Processing FM translator and mit is finally granted, at which time booster station applications. the queue dissolves. (a) Applications for FM translator (2) All other applications for booster and booster stations are divided into stations and reserved band FM trans- two groups: lator stations will be processed as near- (1) In the first group are applications ly as possible in the order in which for new stations or for major changes they are filed. Such applications will in the facilities of authorized stations. be placed in the processing line in nu- For FM translator stations, a major merical sequence, and will be drawn by change is any change in frequency the staff for study, the lowest file num- (output channel) except changes to ber first. In order that those applica- first, second or third adjacent chan- tions which are entitled to be grouped nels, or intermediate frequency chan- for processing may be fixed prior to the nels, and any change in antenna loca- time processing of the earliest filed ap- tion where the station would not con- plication is begun, the FCC will peri- tinue to provide 1 mV/m service to odically release a Public Notice listing some portion of its previously author- reserved band applications that have ized 1 mV/m service area. All other been accepted for filing and announc- changes will be considered minor. All ing a date (not less than 30 days after major changes are subject to the provi- publication) on which the listed appli- sions of §§ 73.3580 and 1.1104 of this cations will be considered available chapter pertaining to major changes. and ready for processing and by which (2) In the second group are applica- all mutually exclusive applications tions for licenses and all other changes and/or petitions to deny the listed ap- in the facilities of the authorized sta- plications must be filed. tion. (c) In the case of an application for (b) Processing booster and reserved an instrument of authorization, other band FM translator applications. than a license pursuant to a construc- (1) Applications for minor modification permit, grant will be based on the tions for reserved band FM translator application, the pleadings filed, and stations, as defined in paragraph (a)(2) such other matters that may be offi- of this section, may be filed at any cially noticed. Before a grant can be time, unless restricted by the FCC, and made it must be determined that: will be processed on a ‘‘first come/first (1) There is not pending a mutually served’’ basis, with the first acceptable exclusive application filed in accord- application cutting off the filing rights ance with paragraph (b) of this section. of subsequent, conflicting applicants. (2) The applicant is legally, tech- The FCC will periodically release a nically, financially and otherwise Public Notice listing those applica- qualified; tions accepted for filing. Conflicting (3) The applicant is not in violation applications received on the same day of any provisions of law, the FCC rules, will be treated as simultaneously filed or established policies of the FCC; and and mutually exclusive. Conflicting ap- (4) A grant of the application would plications received after the filing of a otherwise serve the public interest, first acceptable application will be convenience and necessity.

509

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00509 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1233 47 CFR Ch. I (10–1–99 Edition)

(d) Processing non-reserved band FM which FM translator applications are translator applications. mutually exclusive, FM translator ap- (1) Applications for minor modifica- plicants must submit the engineering tions for non-reserved band FM trans- data contained in FCC Form 349 as a lator stations, as defined in paragraph supplement to the short-form applica- (a)(2) of this section, may be filed at tion. Such engineering data will not be any time, unless restricted by the FCC, studied for technical acceptability, but and will be processed on a ‘‘first come/ will be protected from subsequently first served’’ basis, with the first ac- filed applications as of the close of the ceptable application cutting off the fil- window filing period. Determinations ing rights of subsequent, conflicting as to the acceptability or grantability applicants. The FCC will periodically of an applicant’s proposal will not be release a Public Notice listing those made prior to an auction. applications accepted for filing. Appli- (iii) FM translator applicants will be cations received on the same day will subject to the provisions of § 1.2105 re- be treated as simultaneously filed and, garding the modification and dismissal if they are found to be mutually exclu- of their short-form applications. sive, must be resolved through settle- (iv) Consistent with § 1.2105(a), begin- ment or technical amendment. Con- ning January 1, 1999, all short-form ap- flicting applications received after the plications must be filed electronically. filing of a first acceptable application (3) Subsequently, the FCC will re- will be grouped, according to filing lease Public Notices: date, behind the lead application in a (i) Identifying the short-form appli- queue. The priority rights of the lead cations received during the appropriate applicant, against all other applicants, filing period or ‘‘window’’ which are are determined by the date of filing, found to be mutually exclusive; but the filing date for subsequent, con- (ii) Establishing a date, time and flicting applicants only reserves a place for an auction; place in the queue. The rights of an ap- (iii)Providing information regarding plicant in a queue ripen only upon a the methodology of competitive bid- final determination that the lead appli- ding to be used in the upcoming auc- cant is unacceptable and if the queue tion, bid submission and payment pro- member is reached and found accept- cedures, upfront payment procedures, able. The queue will remain behind the upfront payment deadlines, minimum lead applicant until a construction per- opening bid requirements and applica- mit is finally granted, at which time ble reserve prices in accordance with the queue dissolves. the provisions of § 73.5002; (2)(i) The FCC will specify by Public (iv) Identifying applicants who have Notice, pursuant to § 73.5002(a), a period submitted timely upfront payments for filing non-reserved band FM trans- and, thus, are qualified to bid in the lator applications for a new station or auction. for major modifications in the facili- (4) If, during the window filing pe- ties of an authorized station. FM trans- riod, the FCC receives non-mutually lator applications for new facilities or exclusive applications for a non-re- for major modifications will be accept- served FM translator station, a Public ed only during these specified periods. Notice will be released identifying the Applications submitted prior to the non-mutually exclusive applicants, window opening date identified in the who will be required to submit the ap- Public Notice will be returned as pre- propriate long form application within mature. Applications submitted after 30 days of the Public Notice and pursu- the specified deadline will be dismissed ant to the provisions of § 73.5005. These with prejudice as untimely. non-mutually exclusive applications (ii) Such FM translator applicants will be processed and the FCC will peri- will be subject to the provisions of odically release a Public Notice listing §§ 1.2105 and 73.5002(a) regarding the such non-mutually exclusive applica- submission of the short-form applications determined to be acceptable for tion, FCC Form 175, and all appropriate filing and announcing a date by which certifications, information and exhib- petitions to deny must be filed in ac- its contained therein. To determine cordance with the provisions of

510

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00510 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1234

§§ 73.5006 and 73.3584 of this chapter. If applications. Winning bidders filing the applicants are duly qualified, and long-form applications may change the upon examination, the FCC finds that technical proposals specified in their the public interest, convenience and previously submitted short-form appli- necessity will be served by the grant- cations, but such change may not con- ing of the non-mutually exclusive long- stitute a major change. If the sub- form application, the same will be mitted long-form application would granted. constitute a major change from the (5)(i) The auction will be held pursu- proposal submitted in the short-form ant to the procedures set forth in application or the allotment, the long- § 1.2101. Subsequent to the auction, the form application will be returned pur- FCC will release a Public Notice an- suant to paragraph (d)(2)(i) of this sec- nouncing the close of the auction and tion. identifying the winning bidders. Win- (e) Selection of mutually exclusive ning bidders will be subject to the pro- reserved band FM translator applica- visions of § 1.2107 regarding down pay- tions. ments and will be required to submit (1) Applications for FM translator the appropriate down payment within stations proposing to provide fill-in 10 business days of the Public Notice. service (within the primary station’s Pursuant to § 1.2107, a winning bidder protected contour) of the commonly that meets its down payment obliga- owned primary station will be given tions in a timely manner must, within priority over all other applications. 30 days of the release of the public no- (2) Where applications for FM trans- tice announcing the close of the auc- lator stations are mutually exclusive tion, submit the appropriate long-form and do not involve a proposal to pro- application for each construction per- vide fill-in service of commonly owned mit for which it was the winning bid- primary stations, the FCC may stipu- der. Long-form applications filed by late different frequencies as necessary winning bidders shall include the ex- for the applicants. hibits identified in § 73.5005. (3) Where there are no available fre- (ii) These applications will be proc- quencies to substitute for a mutually essed and the FCC will periodically re- exclusive application, the FCC will lease a Public Notice listing such ap- base its decision on the following prior- plications that have been accepted for ities: filing and announcing a date by which (i) First-full-time aural services; petitions to deny must be filed in ac- (ii) Second full-time aural services; cordance with the provisions of § 73.3584 and of this chapter. If the applicants are (iii) Other public interest matters in- duly qualified, and upon examination, cluding, but not limited to the number the FCC finds that the public interest, of aural services received in the pro- convenience and necessity will be posed service area, the need for or lack served by the granting of the winning of public radio service, and other mat- bidder’s long-form application, a Pub- ters such as the relative size of the pro- lic Notice will be issued announcing posed communities and the growth that the construction permit is ready rate. to be granted. Each winning bidder (4) Where the procedures in para- shall pay the balance of its winning bid graphs (e)(1), (e)(2) and (e)(3) of this in a lump sum within 10 business days section fail to resolve the mutual ex- after release of the Public Notice, as clusivity, the applications will be proc- set forth in § 1.2109(a). Construction essed on a first-come-first-served basis. permits will be granted by the Commis- sion following the receipt of the full [63 FR 48632, Sept. 11, 1998, as amended at 64 payment. FR 19502, Apr. 21, 1999] (iii) All long-form applications will be cut-off as of the date of filing with § 74.1234 Unattended operation. the FCC and will be protected from (a) A station authorized under this subsequently filed long-form translator subpart may be operated without a des- applications. Applications will be re- ignated person in attendance if the fol- quired to protect all previously filed lowing requirements are met:

511

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00511 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1235 47 CFR Ch. I (10–1–99 Edition)

(1) If the transmitter site cannot be effective radiated power (ERP) which reached promptly at all hours and in exceeds 250 watts. all seasons, means shall be provided so (b) An application for an FM trans- that the transmitting apparatus can be lator station, other than one for fill-in turned on and off at will from a point service which is covered in paragraph which is readily accessible at all hours (a) of this section, will not be accepted and in all seasons. for filing if it specifies an effective ra- (2) The transmitter shall also be diated power (ERP) which exceeds the equipped with suitable automatic cir- maximum ERP (MERP) value deter- cuits which will place it in a nonradi- mined in accordance with this para- ating condition in the absence of a sig- graph. The antenna height above aver- nal on the input channel. age terrain (HAAT) shall be determined (3) The on-and-off control (if at a lo- in accordance with § 73.313(d) of this chapter for each of 12 distinct radials, cation other than the transmitter site) with each radial spaced 30 degrees and the transmitting apparatus, shall apart and with the bearing of the first be adequately protected against tam- radial bearing true north. Each raidal pering by unauthorized persons. HAAT value shall be rounded to the (4) The FCC in Washington, DC, At- nearest meter. For each of the 12 radial tention: Audio Services Division, Mass directions, the MERP is the value cor- Media Bureau, shall be supplied by let- responding to the calculated HAAT in ter with the name, address, and tele- the following tables that is appropriate phone number of a person or persons for the location of the translator. For who may be contacted to secure sus- an application specifying a nondirec- pension of operation of the translator tional transmitting antenna, the speci- promptly should such action be deemed fied ERP must not exceed the smallest necessary by the Commission. Such in- of the 12 MERP’s. For an application formation shall be kept current by the specifying a directional transmitting licensee. antenna, the ERP in each azimuthal di- (5) Where the antenna and supporting rection must not exceed the MERP for structure are required to be painted the closest of the 12 radial directions. and lighted under the provisions of (1) For FM translators located east of Part 17 of this chapter, the licensee the Mississippi River or in Zone I–A as shall make suitable arrangements for described in § 73.205(b) of this chapter: the daily inspection and logging of the obstruction lighting and associated Maximum Radial HAAT (meters) ERP (MERP control equipment as required by in watts) §§ 17.47, 17.48, and 17.49 of this chapter. Less than or equal to 32 ...... 250 (b) An application for authority to 33 to 39 ...... 170 construct a new station pursuant to 40 to 47 ...... 120 this subpart or to make changes in the 48 to 57 ...... 80 58 to 68 ...... 55 facilities of such a station, which pro- 69 to 82 ...... 38 poses unattended operation shall in- 83 to 96 ...... 27 clude an adequate showing as to the 97 to 115 ...... 19 116 to 140 ...... 13 manner of compliance with this sec- Greater than or equal to 141 ...... 10 tion. [35 FR 15388, Oct. 2, 1970, as amended at 37 FR (2) For FM translators located in all 18540, Sept. 13, 1972; 38 FR 25992, Sept. 17, other areas: 1973; 60 FR 55484, Nov. 1, 1995; 63 FR 33879, Maximum June 22, 1998] Radial HAAT (meters) ERP (MERP in watts) § 74.1235 Power limitations and an- Less than or equal to 107 ...... 250 tenna systems. 108 to 118 ...... 205 (a) An application for an FM trans- 119 to 130 ...... 170 131 to 144 ...... 140 lator station filed by the licensee or 145 to 157 ...... 115 permittee of the primary station to 158 to 173 ...... 92 provide fill-in service within the pri- 174 to 192 ...... 75 193 to 212 ...... 62 mary station’s coverage area will not 213 to 235 ...... 50 be accepted for filing if it specifies an 236 to 260 ...... 41

512

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00512 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1235

Maximum However, in no event shall the location Radial HAAT (meters) ERP (MERP of the 60 dBu contour lie within 116.3 in watts) km of the Mexican border. 261 to 285 ...... 34 (3) Applications for translator or 286 to 310 ...... 28 311 to 345 ...... 23 booster stations within 320 km of the 346 to 380 ...... 19 Canadian border may employ an ERP 381 to 425 ...... 15.5 up to a maximum of 250 watts, as speci- 426 to 480 ...... 13 481 to 540 ...... 11 fied in § 74.1235(a) and (b). The distance Greater than or equal to 541 ...... 10 to the 34 dBu interfering contour may not exceed 60 km in any direction. (c) The effective radiated power of (e) In no event shall a station author- FM booster stations shall be limited ized under this subpart be operated such that the predicted service contour with a transmitter power output (TPO) of the booster station, computed in ac- in excess of the transmitter certifi- cordance with § 73.313 paragraphs (a) cated rating. A station authorized through (d) of this chapter, may not under this subpart for a TPO that is extend beyond the corresponding serv- less than its transmitter certificated ice contour of the primary FM station rating shall determine its TPO in ac- that the booster rebroadcasts. In no cordance with § 73.267 of this chapter event shall the ERP of the booster sta- and its TPO shall not be more than 105 tion exceed 20% of the maximum allow- percent of the authorized TPO. able ERP for the primary station’s (f) Composite antennas and antenna class. arrays may be used where the total (d) Applications for FM translator ERP does not exceed the maximum de- stations located within 320 km of the termined in accordance with para- Canadian border will not be accepted if graphs (a), (b) or (c) of this section. they specify more than 50 watts effective radiated power in any direction or (g) Either horizontal, vertical, cir- have a 34 dBu interference contour, cal- cular or elliptical polarization may be culated in accordance with § 74.1204 of used provided that the supplemental this part, that exceeds 32 km. FM vertically polarized ERP required for translator stations located within 320 circular or elliptical polarization does kilometers of the Mexican border must not exceed the ERP otherwise author- be separated from Mexican allotments ized. Either clockwise or counter- and assignments in accordance with clockwise rotation may be used. Sepa- § 73.207(b)(3) of this chapter and are lim- rate transmitting antennas are per- ited to a transmitter power output of mitted if both horizontal and vertical 10 watts or less. For purposes of com- polarization is to be provided. pliance with that section, FM trans- (h) All applications must comply lators will be considered as Class D FM with § 73.316, paragraphs (d) and (e) of stations. this chapter. (1) Translator stations located within (i) An application that specifies use 125 kilometers of the Mexican border of a directional antenna must comply may operate with an ERP up to 50 with § 73.316, paragraphs (c)(1) through watts (0.050 kW) ERP. A booster sta- (c)(3) of this chapter. Prior to issuance tion may not produce a 34 dBu inter- of a license, the applicant must: (1) fering contour in excess of 32 km from Certify that the antenna is mounted in the transmitter site in the direction of accordance with the specific instruc- the Mexican border, nor may the 60 tions provided by the antenna manu- dBu service contour of the booster sta- facturer; and (2) certify that the an- tion exceed 8.7 km from the trans- tenna is mounted in the proper orienta- mitter site in the direction of the tion. In instances where a directional Mexican border. antenna is proposed for the purpose of (2) Translator stations located be- providing protection to another facil- tween 125 kilometers and 320 kilo- ity, a condition may be included in the meters from the Mexican border may construction permit requiring that be- operate with an ERP in excess of 50 fore program tests are authorized, a watts, up to the maximum permitted permittee: (1) Must submit the results ERP of 250 watts per § 74.1235(b)(2). of a complete proof-of-performance to

513

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1236 47 CFR Ch. I (10–1–99 Edition)

establish the horizontal plane radi- frequency harmonics which are not es- ation patterns for both the hori- sential for the transmission of the de- zontally and vertically polarized radi- sired aural information shall be consid- ation components; and, (2) must certify ered to be spurious emissions. that the relative field strength of nei- (c) The power of emissions appearing ther the measured horizontally nor outside the assigned channel shall be vertically polarized radiation compo- attenuated below the total power of nent shall exceed at any azimuth the the emission as follows: value indicated on the composite radi- Minimum at- ation pattern authorized by the con- tenuation struction permit. Distance of emission from center frequency below unmodulated NOTE: Existing licensees and permittees carrier that do not furnish data sufficient to cal- 120 to 240 kHz ...... 25 dB culate the contours in conformance with Over 240 and up to 600 kHz ...... 35 dB § 74.1204 will be assigned protected contours Over 600 kHz ...... 60 dB having the following radii: Up to 10 watts—1 mile (1.6 km) from trans- (d) Greater attenuation than that mitter site. specified in paragraph (c) of this sec- Up to 100 watts—2 miles (3.2 km) from tion may be required if interference re- transmitter site. sults outside the assigned channel. Up to 250 watts—4 miles (6.5 km) from transmitter site. [35 FR 15388, Oct. 2, 1970, as amended at 52 FR 31406, Aug. 20, 1987; 55 FR 50698, Dec. 10, 1990] (j) FM translator stations authorized prior to June 1, 1991, with facilities § 74.1237 Antenna location. that do not comply with the ERP limi- (a) An applicant for a new station to tation of paragraph (a) or (b) of this be authorized under this subpart or for section, as appropriate, may continue a change in the facilities of such a sta- to operate, provided that operation is tion shall endeavor to select a site in conformance with § 74.1203 regarding which will provide a line-of-sight interference. Applications for major transmission path to the entire area changes in FM translator stations intended to be served and at which must specify facilities that comply there is available a suitable signal with paragraph (a) or (b) of this sec- from the primary station. The trans- tion, as appropriate. mitting antenna should be placed [55 FR 50697, Dec. 10, 1990, as amended at 56 above growing vegetation and trees FR 56170, Nov. 1, 1991; 58 FR 42026, Aug. 6, lying in the direction of the area in- 1993; 62 FR 51063, Sept. 30, 1997; 63 FR 33879, tended to be served, to minimize the June 22, 1998; 63 FR 36605, July 7, 1998] possiblity of signal absorption by foli- age. § 74.1236 Emission and bandwidth. (b) Consideration should be given to (a) The license of a station author- accessibility of the site at all seasons ized under this subpart allows the of the year and to the availability of transmission of either F3 or other facilities for the maintenance and op- types of frequency modulation (see eration of the FM translator. § 2.201 of this chapter) upon a showing (c) Consideration should be given to of need, as long as the emission com- the existence of strong radiofrequency plies with the following: fields from other transmitters at the (1) For transmitter output powers no translator site and the possibility that greater than 10 watts, paragraphs (b), such fields may result in the retrans- (c), and (d) of this section apply. mission of signals originating on fre- (2) For transmitter output powers quencies other than that of the pri- greater than 10 watts, § 73.317 (a), (b), mary station. (c), and (d) apply. (d) The transmitting antenna of an (b) Standard width FM channels will FM booster station shall be located be assigned and the transmitting appa- within the protected contour of its pri- ratus shall be operated so as to limit mary station, subject to Note, § 74.1231 spurious emissions to the lowest prac- (h). The transmitting antenna of a ticable value. Any emissions including commonly owned commercial FM intermodulation products and radio- translator station shall be located

514

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1251

within the protected contour of its of this part. If provision is included for commercial primary FM station. adjusting the power output, then the (e) A translator or booster station to normal operating constants shall be be located on an AM antenna tower or specified for operation at both the located within 3.2 km of an AM an- rated power output and the minimum tenna tower must comply with § 73.1692 power output at which the apparatus is of this chapter. designed to operate. The apparatus shall be equipped with suitable meters [35 FR 15388, Oct. 2, 1970, as amended at 55 FR 50698, Dec. 10, 1990; 58 FR 42026, Aug. 6, 1993; or meter jacks so that the operating 62 FR 51063, Sept. 30, 1997] constants can be measured while the apparatus is in operation. § 74.1250 Transmitters and associated (4) Apparatus rated for transmitter equipment. power output of more than 1 watt shall (a) FM translator and booster trans- be equipped with automatic circuits to mitting apparatus, and exciters em- place it in a nonradiating condition ployed to provide a locally generated when no input signal is being received and modulated input signal to trans- in conformance with § 74.1263(b) of this lator and booster equipment, used by part and to transmit the call sign in stations authorized under the provi- conformance with § 74.1283(c)(2) of this sions of this subpart must be certifi- part. cated upon the request of any manufac- (5) For exciters, automatic means turer of transmitters in accordance shall be provided for limiting the level with this section and subpart J of part of the audio frequency voltage applied 2 of this chapter. In addition, FM to the modulator to ensure that a fre- translator and booster stations may quency swing in excess of 75 kHz will use FM broadcast transmitting appa- not occur under any condition of the ratus verified or approved under the modulation. provisions of part 73 of this chapter. [55 FR 50698, Dec. 10, 1990, as amended at 63 (b) Transmitting antennas, antennas FR 36606, July 7, 1998] used to receive signals to be rebroadcast, and transmission lines are not § 74.1251 Technical and equipment subject to the requirement for certifi- modifications. cation. (a) No change, either mechanical or (c) The following requirements must electrical, except as provided in part 2 be met before translator, booster or ex- of this chapter, may be made in FM citer equipment will be certificated in translator or booster apparatus which accordance with this section: has been certificated by the Commis- (1) Radio frequency harmonics and sion without prior authority of the spurious emissions must conform with Commission. the specifications of § 74.1236 of this (b) Formal application on FCC Form part. 349 is required of all permittees and li- (2) The local oscillator or oscillators, censees for any of the following including those in an exciter employed changes: to provide a locally generated and (1) Replacement of the transmitter as modulated input signal to a translator a whole, except replacement with a or booster, when subjected to vari- transmitter of identical power rating ations in ambient temperature between which has been certificated by the FCC minus 30 degrees and plus 50 degrees for use by FM translator or FM booster centigrade, and in primary supply volt- stations, or any change which could re- age between 85 percent and 115 percent sult in the electrical characteristics or of the rated value, shall be sufficiently performance of the station. Upon the stable to maintain the output center installation or modification of the frequency within plus or minus 0.005 transmitting equipment for which percent of the operating frequency and prior FCC authority is not required to enable conformance with the speci- under the provisions of this paragraph, fications of § 74.1261 of this part. the licensee shall place in the station (3) The apparatus shall contain auto- records a certification that the new in- matic circuits to maintain the power stallation complies in all respects with output in conformance with § 74.1235(e) the technical requirements of this part

515

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00515 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1261 47 CFR Ch. I (10–1–99 Edition)

and the terms of the station authoriza- within 0.01 percent of its assigned fre- tion. quency. (2) A change in the transmitting an- (b) The licensee of an FM translator tenna system, including the direction or booster station with an authorized of radiation or directive antenna pat- transmitter power output greater than tern. 10 watts shall maintain the center fre- (3) Any change in the overall height quency at the output of the translator of the antenna structure except where or booster station in compliance with notice to the Federal Aviation Admin- the requirement of § 73.1545(b)(1) of this istration is specifically not required chapter. under § 17.14(b) of this chapter. [55 FR 50699, Dec. 10, 1990] (4) Any change in the location of the translator or booster except a move § 74.1262 Frequency monitors and within the same building or upon the measurements. same pole or tower. (a) The licensee of a station author- (5) Any horizontal change in the loca- ized under this subpart is not required tion of the antenna structure which to provide means for measuring the op- would (i) be in excess of 152.4 meters erating frequency of the transmitter. (500 feet), or (ii) would require notice to However, only equipment having the the Federal Aviation Administration required stability will be approved for pursuant to § 17.7 of the FCC’s rules. use by an FM translator or booster. (6) Any change in the output fre- (b) In the event that a station au- quency of a translator. thorized under this subpart is found to (7) Any change of authorized effective be operating beyond the frequency tol- radiated power. erance prescribed in § 74.1261, the licensee shall promptly suspend oper- (8) Any change in area being served. ation of the station and shall not re- (c) Changes in the primary FM sta- sume operation until the station has tion being retransmitted must be sub- been restored to its assigned frequency. mitted to the FCC in writing. Adjustment of the frequency deter- (d) Any application proposing a mining circuits of an FM translator or change in the height of the antenna booster shall be made by a qualified structure or its location must also in- person in accordance with § 74.1250(g). clude the Antenna Structure Registra- tion Number (FCC Form 854R) of the § 74.1263 Time of operation. antenna structure upon which it pro- (a) The licensee of an FM translator poses to locate its antenna. In the or booster station is not required to ad- event the antenna structure does not here to any regular schedule of oper- have a Registration Number, either the ation. However, the licensee of an FM antenna structure owner shall file FCC translator or booster station is ex- Form 854 (‘‘Application for Antenna pected to provide a dependable service Structure Registration’’) in accordance to the extent that such is within its with part 17 of this chapter or the ap- control and to avoid unwarranted plicant shall provide a detailed expla- interruptions to the service provided. nation why registration and clearance (b) An FM translator or booster sta- are not required. tion rebroadcasting the signal of a pri- [35 FR 15388, Oct. 2, 1970, as amended at 45 FR mary station shall not be permitted to 26068, Apr. 17, 1980; 47 FR 24580, June 7, 1982; radiate during extended periods when 50 FR 3525, Jan. 25, 1985; 50 FR 23710, June 5, signals of the primary station are not 1985; 55 FR 50698, Dec. 10, 1990; 61 FR 4368, being retransmitted. Feb. 6, 1996; 63 FR 33879, June 22, 1998; 63 FR (c) The licensee of an FM translator 36606, July 7, 1998] or booster station must notify the Commission of its intent to dis- § 74.1261 Frequency tolerance. continue operations for 30 or more con- (a) The licensee of an FM translator secutive days. Notification must be or booster station with an authorized made within 10 days of the time the transmitter power output of 10 watts or station first discontinues operation less shall maintain the center fre- and Commission approval must be ob- quency at the output of the translator tained for such discontinued operation

516

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00516 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 74.1281

to continue beyond 30 days. The notifi- dress, and telephone number of the lication shall specify the causes of the censee or local representative of the li- discontinued operation and a projected censee if the licensee does not reside in date for the station’s return to oper- the community served by the trans- ation, substantiated by supporting doc- lator or booster, and the name and ad- umentation. If the projected date for dress of a person and place where sta- the station’s return to operation can- tion records are maintained, shall be not be met, another notification and displayed at the translator or booster further request for discontinued oper- site on the structure supporting the ations must be submitted in conform- transmitting antenna, so as to be visi- ance with the requirements of this sec- ble to a person standing on the ground tion. Within 48 hours of the station’s at the transmitter site. The display return to operation, the licensee must shall be prepared so as to withstand notify the Commission of such fact. All normal weathering for a reasonable pe- notification must be in writing. riod of time and shall be maintained in (d) The licensee of an FM translator a legible condition by the licensee. or booster station must notify the Commission of its intent to perma- [35 FR 15388, Oct. 2, 1970, as amended at 40 FR nently discontinue operations at least 24901, June 11, 1975] two days before operation is discontinued. Immediately after discontinu- § 74.1269 Copies of rules. ance of operation, the licensee shall The licensee or permittee of a station forward the station license and other authorized under this subpart shall instruments of authorization to the have a current copy of Volumes I (parts FCC, Washington, DC for cancellation. 0, 1, 2 and 17) and III (parts 73 & 74) of (e) Failure of an FM translator or the Commission’s Rules and shall make booster station to operate for a period the same available for use by the oper- of 30 or more consecutive days, except ator in charge. Each such licensee or for causes beyond the control of the li- permittee shall be familiar with those censee or authorized pursuant to para- rules relating to stations authorized graph (c) of this section, shall be under this subpart. Copies of the Com- deemed evidence of discontinuation of mission’s Rules may be obtained from operation and the license of the station the Superintendent of Documents, Gov- may be cancelled at the discretion of ernment Printing Office, Washington, the Commission. Furthermore, the sta- DC 20402. tion’s license will expire as a matter of law, without regard to any causes be- [55 FR 50699, Dec. 10, 1990] yond control of the licensee or to any authorization pursuant to paragraph § 74.1281 Station records. (c) of this section, if the station fails to (a) The licensee of a station author- transmit broadcast signals for any con- ized under this Subpart shall maintain secutive 12-month period, notwith- adequate station records, including the standing any provision, term, or condi- current instrument of authorization, tion of the license to the contrary. official correspondence with the FCC, maintenance records, contracts, per- [55 FR 50699, Dec. 10, 1990, as amended at 61 FR 28768, June 6, 1996] mission for rebroadcasts, and other pertinent documents. § 74.1265 Posting of station license. (b) Entries required by § 17.49 of this (a) The station license and any other chapter concerning any observed or instrument of authorization or indi- otherwise known extinguishment or vidual order concerning the construc- improper functioning of a tower light: tion of the station or the manner of op- (1) The nature of such extinguish- eration shall be kept in the station ment or improper functioning. record file maintained by the licensee (2) The date and time the extinguish- so as to be available for inspection ment of improper operation was ob- upon request to any authorized rep- served or otherwise noted. resentative of the Commission. (3) The date, time and nature of ad- (b) The call sign of the translator or justments, repairs or replacements booster together with the name, ad- made.

517

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00517 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 74.1283 47 CFR Ch. I (10–1–99 Edition)

(c) The station records shall be main- censee to keep in its file, and to make tained for inspection at a residence, of- available to FCC personnel, the trans- fice, or public building, place of busi- lator’s call letters and location, giving ness, or other suitable place, in one of the name, address and telephone num- the communities of license of the ber of the licensee or his service rep- translator or booster, except that the resentative to be contacted in the station records of a booster or trans- event of malfunction of the translator. lator licensed to the licensee of the pri- It shall be the responsibility of the mary station may be kept at the same translator licensee to furnish current place where the primary station information to the primary station li- records are kept. The name of the per- censee for this purpose. son keeping station records, together (2) By transmitting the call sign in with the address of the place where the International Morse Code at least once records are kept, shall be posted in ac- each hour. Transmitters of FM broad- cordance with § 74.1265(b) of the rules. cast translator stations of more than 1 The station records shall be made watt transmitter output power must be available upon request to any author- equipped with an automatic keying de- ized representative of the Commission. vice that will transmit the call sign at (d) Station logs and records shall be least once each hour, unless there is in retained for a period of two years. effect a firm agreement with the translator’s primary station as provided in [48 FR 44807, Sept. 30, 1983] § 74.1283(c)(1) of this section. Trans- § 74.1283 Station identification. mission of the call sign can be accomplished by: (a) The call sign of an FM broadcast (i) Frequency shifting key; the car- translator station will consist of the rier shift shall not be less than 5 kHz initial letter K or W followed by the nor greater than 25 kHz. channel number assigned to the trans- (ii) Amplitude modulation of the FM lator and two letters. The use of the carrier of at least 30 percent modula- initial letter will generally conform to tion. The audio frequency tone use the pattern used in the broadcast serv- shall not be within 200 hertz of the ice. The two letter combinations fol- Emergency Broadcast System Atten- lowing the channel number will be as- tion signal alerting frequencies. signed in order and requests for the as- (d) FM broadcast booster stations signment of particular combinations of shall be identified by their primary letters will not be considered. stations, by the broadcasting of the (b) The call sign of an FM booster primary station’s call signs and loca- station will consist of the call sign of tion, in accordance with the provisions the primary station followed by the of § 73.1201 of this chapter. letters ‘‘FM’’ and the number of the (e) The Commission may, in its dis- booster station being authorized, e.g., cretion, specify other methods of iden- WFCCFM–1. tification. (c) A translator station authorized under this subpart shall be identified [55 FR 50699, Dec. 10, 1990] by one of the following methods. (1) By arranging for the primary sta- § 74.1284 Rebroadcasts. tion whose station is being rebroadcast (a) The term rebroadcast means the to identify the translator station by reception by radio of the programs or call sign and location. Three such iden- other signals of a radio station and the tifications shall be made during each simultaneous retransmission of such day: once between 7 a.m. and 9 a.m., programs or signals for direct recep- once between 12:55 p.m. and 1:05 p.m. tion by the general public. and once between 4 p.m. and 6 p.m. Sta- (b) The licensee of an FM translator tions which do not begin their broad- shall not rebroadcast the programs of cast before 9 a.m. shall make their first any FM broadcast station or other FM identification at the beginning of their translator without obtaining prior con- broadcast days. The licensee of an FM sent of the primary station whose pro- translator whose station identification grams are proposed to be retrans- is made by the primary station must mitted. The Commission shall be noti- arrange for the primary station li- fied of the call letters of each station

518

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00518 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 74, Index

rebroadcast and the licensee of the FM Automatic relay stations (Remote pickup) ...... 74.436 translator shall certify that written Avoidance of interference (TV Auxiliaries) ...... 74.604 consent has been received from the li- B censee of the station whose programs Bandwidth and emissions authorizedÐ are retransmitted. Remote Pickup ...... 74.462 Aural broadcast auxiliary stations ...... 74.535 (c) An FM translator is not author- LPTV/TV Translators ...... 74.736 ized to rebroadcast the transmissions IFTS ...... 74.936 of any class of station other than an FM Translators/Boosters ...... 74.1236 Boosters, Signal UHF translator ...... 74.733 FM broadcast station or another FM Broadcast regulations applicable to LPTV, TV 74.780 translator. translators, and TV boosters. Broadcasting emergency information (All serv- 74.21 § 74.1290 FM translator and booster ices). station information available on the C Internet. Changes of EquipmentÐ The Mass Media Bureau’s Audio Experimental Broadcast Stations ...... 74.151 Remote Pickup ...... 74.452 Services Division provides information Aural broadcast auxiliary stations ...... 74.551 on the Internet regarding FM trans- TV Auxiliaries ...... 74.651 lator and booster stations, rules, and ITFS ...... 74.951 Channel assignments (LPTV/TV Translator) ...... 74.702 policies at http://www.fcc.gov/mmb/asd/ Channels, Sound (TV Auxiliaries) ...... 74.603 . Charges, Program Service, (Experimental 74.182 Broadcast Stations). [63 FR 33879, June 22, 1998] Classes of stationsÐ Aural broadcast auxiliary stations ...... 74.501 ALPHABETICAL INDEX—PART 74 TV Auxiliaries ...... 74.601 Construction permit, Statement of under- 74.112 A Additional orders by FCC (All Services) ...... 74.28 standing, (Experimental Broadcast Stations). Antenna, Directional (Aural STL/Relays) ...... 74.536 Copies of the rulesÐ Antenna locationÐ LPTV/TV Translators ...... 74.769 LPTV/TV Translator ...... 74.737 ITFS ...... 74.969 FM Translators/Boosters ...... 74.1237 FM Translators/Boosters ...... 74.1269 Cross Reference (All Services) ...... 74.5 Antenna structure, marking and lighting (All 74.30 Services). D Antenna structure, Use of common (All Serv- 74.22 DefinitionsÐ ices). General ...... 74.2 Antenna systems (TV Auxiliaries) ...... 74.641 Remote Pickup ...... 74.401 Antennas (ITFS) ...... 74.937 LPTV/TV translators ...... 74.701 Application ProcessingÐITFS ...... 74.911 Low Power Auxiliaries ...... 74.801 Application requirements of Part 73 applicable 74.910 ITFS ...... 74.901 to ITFS. FM Translators/Boosters ...... 74.1201 Applications, Notification of filing (All Services) .. 74.12 Directional antenna required (Aural STL/Relays) 74.536 Assignment, FrequencyÐ Experimental Broadcast Station ...... 74.103 E Remote Pickup ...... 74.402 Emergency information Broadcasting (All Serv- 74.21 Aural broadcast auxiliary stations ...... 74.502 ices). TV Auxiliaries ...... 74.602 Emission authorizedÐ LPTV/TV Translators ...... 74.702 Experimental Broadcast Stations ...... 74.133 ITFS ...... 74.902 Remote Pickup ...... 74.462 FM Translators/Boosters ...... 74.1202 Aural broadcast auxiliary stations ...... 74.535 Authorization of equipmentÐ TV Auxiliaries ...... 74.637 Aural Auxiliary ...... 74.550 LPTV/TV Translators ...... 74.736 Remote Pickup ...... 74.451 ITFS ...... 74.936 TV Auxiliaries ...... 74.655 FM Translators/Boosters ...... 74.1236 Lw Power Auxiliaries ...... 74.851 Equipment and installationÐ ITFS ...... 74.952 FM Translators/Boosters ...... 74.1250 FM Translators/Boosters ...... 74.1250 Equipment authorizationÐ Authorization, TemporaryÐ Aural broadcast auxiliary stations ...... 74.550 Aural broadcast auxiliary stations ...... 74.537 Remote Pickup ...... 74.451 Remote Pickup ...... 74.433 TV Auxiliaries ...... 74.655 TV Auxiliaries ...... 74.633 Low Power Auxiliaries ...... 74.851 Low Power Auxiliaries ...... 74.833 ITFS ...... 74.952 Authorized emissionÐ FM Translators/Boosters ...... 74.1250 Experimental Broadcast Station ...... 74.133 Equipment ChangesÐ Remote Pickup ...... 74.462 Experimental Broadcast Station ...... 74.151 Aural broadcast auxiliary stations ...... 74.535 Remote Pickup ...... 74.452 TV Auxiliaries ...... 74.637 Aural broadcast auxiliary stations ...... 74.551 LPTV/TV Translators ...... 74.736 TV Auxiliaries ...... 74.651 ITFS ...... 74.936 LPTV/TV Translators ...... 74.751 FM Translators/Boosters ...... 74.1236 Low Power Auxiliaries ...... 74.852 Authorized frequencies (remote broadcast pick- 74.402 ITFS ...... 74.951 up). FM Translators/Boosters ...... 74.1251 519

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00519 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 74, Index 47 CFR Ch. I (10–1–99 Edition)

Equipment, Notification ofÐ Licenses, Posting ofÐ Aural broadcast auxiliary stations ...... 74.550 Experimental Broadcast Stations ...... 74.165 TV Auxiliaries ...... 74.655 Remote pickup broadcast stations ...... 74.432 Equipment PerformanceÐ Aural broadcast auxiliary stations ...... 74.564 FM Tanslators/Boosters ...... 74.1250 TV Auxiliaries ...... 74.664 Equipment tests (All Services) ...... 74.13 LPTV/TV Translators ...... 74.765 Experimental Broadcast station ...... 74.101 Low power auxiliary stations ...... 74.832 Experimental Broadcast Station, Uses of ...... 74.102 ITFS ...... 74.965 Extension of station licenses, Temporary (All 74.16 FM Translators/Boosters ...... 74.1265 Services). Licenses, station, Temporary extension (All 74.16 Services). F Licensing requirementsÐ Filing of applications, Notification of (All Serv- 74.12 Experimental Broadcast Stations ...... 74.131 ices). Remote Pickup ...... 74.432 Frequencies, Authorized (Remote broadcast 74.402 Aural broadcast auxiliary stations ...... 74.532 pickup). TV Auxiliaries ...... 74.632 Frequency assignmentÐ LPTV/TV Translators ...... 74.732 Experimental Broadcast Stations ...... 74.103 Low Power Auxiliaries ...... 74.832 Remote Pickup ...... 74.402 ITFS ...... 74.932 Aural broadcast auxiliary stations ...... 74.502 FM Translators/Boosters ...... 74.1232 TV Auxiliary ...... 74.602 Lighting and Marking of antenna structures (All 74.30 LPTV/TV Translators ...... 74.702 Services). Low Power Auxiliaries ...... 74.802 Limitations on powerÐ ITFS ...... 74.902 Experimental Broadcast Stations ...... 74.132 FM Translators/Boosters ...... 74.1202 Remote Pickup ...... 74.461 Frequency monitors and measurementsÐ Aural broadcast auxiliary stations ...... 74.534 Experimental Broadcast Stations ...... 74.162 TV Auxiliaries ...... 74.636 Remote Pickup ...... 74.465 LPTV/TV Translators ...... 74.735 Aural broadcast auxiliary stations ...... 74.562 ITFS ...... 74.935 TV Auxiliaries ...... 74.662 FM Translators/Boosters ...... 74.1235 LPTV/TV Translators ...... 74.762 LPTV, Broadcast rules applicable to ...... 74.780 ITFS ...... 74.962 M FM Translators/Boosters ...... 74.1262 Frequency toleranceÐ Marking and lighting of antenna structures (All 74.30 Experimental Broadcast Stations ...... 74.161 Services). Remote Pickup ...... 74.464 Modification of transmission systemsÐ Aural broadcast auxiliary stations ...... 74.561 LPTV/TV Translators ...... 74.751 TV Auxiliaries ...... 74.661 ITFS ...... 74.951 LPTV/TV Translators ...... 74.761 FM Translators and Boosters ...... 74.1251 ITFS ...... 74.961 Modulation limitsÐ FM Translator/Boosters ...... 74.1261 TV Auxiliaries ...... 74.663 ITFS ...... 74.970 I Modulation monitors and measurements (ITFS) 74.971 Identification of stationÐ Modulation requirements (Remote Pickup) ...... 74.463 Experimental Broadcast Stations ...... 74.183 Monitors and measurements, FrequencyÐ Remote Pickup ...... 74.482 Experimental Broadcast Stations ...... 74.162 Aural broadcast auxiliary stations ...... 74.582 Remote Pickup ...... 74.465 TV Auxiliaries ...... 74.682 Aural broadcast auxiliary stations ...... 74.562 LPTV/TV Translators ...... 74.783 TV Auxiliaries ...... 74.662 Low Power Auxiliaries ...... 74.882 LPTV/TV Translators ...... 74.762 ITFS ...... 74.982 ITFS ...... 74.962 FM Translators/Boosters ...... 74.1283 FM Translators/Boosters ...... 74.1262 Information on the Internet, FM translator and 74.1290 Multiple ownershipÐ booster stations. Experimental Broadcast Stations ...... 74.134 Inspection of station by FCC (All Services) ...... 74.3 LPTV/TV Translator ...... 74.732 InterferenceÐ N LPTV/TV Translators ...... 74.703 Notification of filing of applications (All Services) 74.12 ITFS ...... 74.903 FM Translators/Boosters ...... 74.1203 O Interference avoidance (TV Auxiliaries) ...... 74.604 Operation, Remote controlÐ InterferenceÐsafety of life and property (All 74.23 Aural broadcast auxiliary stations ...... 74.533 Services). TV Auxiliaries ...... 74.634 ITFSÐ Operation, Short term (All Services) ...... 74.24 Application processing ...... 74.911 Operation, Time ofÐ Application requirements from part 73 ...... 74.910 Experimental Broadcast Stations ...... 74.163 Interference ...... 74.903 LPTV/TV Translator ...... 74.763 Petition to deny ...... 74.912 ITFS ...... 74.963 Purpose and permissible service ...... 74.931 FM Translator/Boosters ...... 74.1263 Response station hubs ...... 74.939 Operation, Unattended (and/or attended)Ð Response stations (individually licensed) .... 74.940 Aural broadcast auxiliary stations ...... 74.533 Signal booster stations ...... 74.985 TV Auxiliaries ...... 74.635 Transmission standards ...... 74.938 LPTV/TV Translators ...... 74.734 Wireless cable use ...... 74.990 ITFS ...... 74.934 L FM Translators/Boosters ...... 74.1234 Land mobile station protection (from LPTV) ...... 74.709 Operator requirements, General (All Services) .. 74.18 License period, Station (All Services) ...... 74.15 Orders, Additional (All Services) ...... 73.28 520

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00520 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 74, Index

Ownership, MultipleÐ ITFS ...... 74.931 Experimental Broadcast Stations ...... 74.134 FM Translators/Boosters ...... 74.1231 LPTV/TV Translators ...... 74.732 Service, Scope of (Low Power Auxiliaries) ...... 74.831 Short term operation (All services) ...... 74.24 P Signal boostersÐ Permissible serviceÐ UHF translator (LPTV/TV Translators) ...... 74.733 Aural broadcast auxiliary stations ...... 74.531 ITFS ...... 74.985 TV Auxiliaries ...... 74.631 Sound channels (TV Auxiliaries) ...... 74.603 LPTV/TV Translators ...... 74.731 Statement of understanding (Construction per- 74.112 Low Power Auxiliaries ...... 74.831 mit-Experimental Broadcast Stations). ITFS ...... 74.931 Station identificationÐ FM Translators/Boosters ...... 74.1231 Experimental Broadcast Stations ...... 74.183 Petitions to deny: ITFS ...... 74.912 Remote Pickup ...... 74.482 Posting of licensesÐ Aural broadcast auxiliary stations ...... 74.582 Experimental Broadcast Stations ...... 74.165 TV Auxiliaries ...... 74.682 Remote pickup broadcast stations ...... 74.432 LPTV/TV Translators ...... 74.783 Aural broadcast auxiliary stations ...... 74.564 Low Power Auxiliaries ...... 74.882 TV Auxiliaries ...... 74.664 ITFS ...... 74.982 LPTV/TV Translators ...... 74.765 FM Translators/Boosters ...... 74.1283 Low power auxiliary stations ...... 74.832 Station inspection by FCC (All Services) ...... 74.3 ITFS ...... 74.965 Station license period (All Services) ...... 74.15 FM Translators/Boosters ...... 74.1265 Station records (Experimental Broadcast Sta- 74.181 Power limitationsÐ tions). Experimental Broadcast Stations ...... 74.132 Aural broadcast auxiliary stations ...... 74.534 T TV Auxiliaries ...... 74.636 Technical requirements (Low Power Auxiliaries) 74.861 LPTV/TV Translators ...... 74.735 Temporary authorizationsÐ ITFS ...... 74.935 Remote Pickup ...... 74.433 FM Translators/Boosters ...... 74.1235 Aural broadcast auxiliary stations ...... 74.537 Program or service tests (All Services) ...... 74.14 TV Auxiliaries ...... 74.633 Program service, Charges (Experimental Broad- 74.182 Low Power Auxiliaries ...... 74.833 cast Stations). Temporary extension of stations licenses (All 74.16 Protection by LPTVÐ Services). To broadcast stations ...... 74.705 Tests, Equipment (All Services) ...... 74.13 To other LPTV and TV Translator stations 74.707 Tests, Service or program (All Services) ...... 74.14 To Land Mobile stations ...... 74.709 Time of operationÐ Purpose of serviceÐ Experimental Broadcast Stations ...... 74.163 LPTV/TV Translators ...... 74.731 LPTV/TV Translators ...... 74.763 ITFS ...... 74.931 ITFS ...... 74.963 FM Translators/Boosters ...... 74.1231 FM Translators/Boosters ...... 74.1263 Tolerance, FrequencyÐ R Experimental Broadcast Stations ...... 74.161 RebroadcastsÐ Remote Pickup ...... 74.464 Experimental Broadcast Stations ...... 74.184 Aural broadcast auxiliary stations ...... 74.561 LPTV/TV Translators ...... 74.784 TV Auxiliaries ...... 74.661 ITFS ...... 74.984 LPTV/TV Translators ...... 74.761 FM Translators/Boosters ...... 74.1284 ITFS ...... 74.961 Records, Station (Experimental Broadcast Sta- 74.181 FM Translator/Boosters ...... 74.1261 tions). Translator signal boosters, UHF (LPTV/TV 74.733 Regulations, Broadcast, applicable to LPTV and 74.780 Translators). TV translators. Translators, TV, Purpose of (LPTV/TV Trans- 74.731 Relay stations, Automatic, (Remote Pickup) ...... 74.436 lators). Remote pickup broadcast frequencies ...... 74.402 Transmission standards (ITFS) ...... 74.938 Remote control operationÐ Transmission system facilities (LPTV/TV Trans- 74.750 Aural broadcast auxiliary stations ...... 74.533 lators). TV Auxiliaries ...... 74.634 Transmission systems, modification ofÐ Remote pickup stations, Rules special to ...... 74.431 LPTV/TV Translator ...... 74.751 Renewal, Supplementary report (Experimental 74.113 ITFS ...... 74.951 Broadcast Stations). FM Translators/Boosters ...... 74.1251 Response station hubs (ITFS) ...... 74.939 Transmissions, Permissible (Low Power Auxil- 74.831 Response stations (ITFS; individually licensed) 74.940 iaries). Rules, Copies ofÐ Transmitter power (Remote Pickup) ...... 74.461 LPTV/TV Translators ...... 74.769 Transmitters and associated equipment (FM 74.1250 ITFS ...... 74.969 Translators/Boosters). FM Translators/Boosters ...... 74.1269 TV boosters, Broadcast rules applicable to 74.780 Rules special to Remote Pickup stations ...... 74.431 (LPTV/TV Translators/TV Boosters. TV Broadcast station protection (from LPTV/TV 74.705 S Translators). Safety of life and property-interference jeopardy 74.23 TV, Low Power and translators, protection to 74.707 (All services). (LPTV/TV Translators). Scope (of SubpartÐGeneral) ...... 74.1 TV translators, Broadcast rules applicable to 74.780 Service or program tests (All Services) ...... 74.14 (LPTV/TV Translators). Service, PermissibleÐ Aural broadcast auxiliary stations ...... 74.531 U TV Auxiliaries ...... 74.631 UHF translator signal boosters (LPTV/TV Trans- 74.733 LPTV/TV Translators ...... 74.731 lators). Low Power Auxiliaries ...... 74.831 Unattended operationÐ 521

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00521 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 76 47 CFR Ch. I (10–1–99 Edition)

Aural broadcast auxiliary stations ...... 74.531 Subpart E—Equal Employment Opportunity TV Auxiliaries ...... 74.635 Requirements LPTV/TV Translators ...... 74.734 ITFS ...... 74.934 76.71 Scope of application. FM Translators/Boosters ...... 74.1234 76.73 General EEO policy. Use of common antenna structure (All services) 74.22 76.75 EEO program requirements. V [Reserved] 76.77 Reporting requirements. W 76.79 Records available for public inspec- Wireless cable usage of ITFS ...... 74.990 tion. X-Z [Reserved] Subpart F—Nonduplication Protection and [50 FR 38535, Sept. 23, 1985, as amended at 51 FR 34622, Sept. 30, 1986; 52 FR 37316, Oct. 6, Syndicated Exclusivity 1987; 52 FR 47569, Dec. 15, 1987; 63 FR 33879, 76.92 Network non-duplication; extent of June 22, 1998; 63 FR 65127, Nov. 25, 1998] protection. 76.93 Parties entitled to network non-dupli- PART 76—MULTICHANNEL VIDEO cation protection. 76.94 Notification. AND CABLE TELEVISION SERVICE 76.95 Exceptions. 76.97 Effective dates. Subpart A—General 76.151 Syndicated program exclusivity: Ex- tent of protection. Sec. 76.153 Parties entitled to syndicated exclu- 76.1 Purpose. sivity. 76.3 Other pertinent rules. 76.155 Notification. 76.5 Definitions. 76.156 Exceptions. 76.6 General pleading requirements. 76.157 Exclusivity contracts. 76.7 General special relief, waiver, enforce- 76.158 Indemnification contracts. ment, complaint, show cause, forfeiture, 76.159 Requirements for invocation of pro- and declaratory ruling procedures. tection. 76.8 Status conference. 76.161 Substitutions. 76.9 Confidentiality of proprietary informa- 76.163 Effective dates. tion. 76.10 Review. Subpart G—Cablecasting 76.11 Lockbox enforcement. 76.205 Origination cablecasts by legally Subpart B—Registration Statements qualified candidates for public office; equal opportunities. 76.12 Registration statement required. 76.206 Candidate rates. 76.14 Who may sign registration state- 76.207 Political file. ments. 76.209 Fairness doctrine; personal attacks; 76.17 Public notice. political editorials. 76.29 Special temporary authority. 76.213 Lotteries. 76.221 Sponsorship identification; list reten- Subpart C—Federal-State/Local Regulatory tion; related requirements. 76.225 Commercial limits in children’s pro- Relationships [Reserved] grams. 76.227 Blocking of indecent sexually-ori- Subpart D—Carriage of Television ented programming channels. Broadcast Signals 76.51 Major television markets. Subpart H—General Operating 76.53 Reference points. Requirements 76.54 Significantly viewed signals; method 76.300 Scope of application. to be followed for special showings. 76.301 Copies of rules. 76.55 Definitions applicable to the must- 76.302 Required recordkeeping for must- carry rules. carry purposes. 76.56 Signal carriage obligations. 76.305 Records to be maintained locally by 76.57 Channel positioning. cable system operators for public inspec- 76.58 Notification. tion. 76.59 Modification of television markets. 76.307 System inspection. 76.60 Compensation for carriage. 76.309 Customer service obligations. 76.61 Disputes concerning carriage. 76.62 Manner of carriage. Subpart I—Forms and Reports 76.64 Retransmission consent. 76.67 Sports broadcasts. 76.400 Operator, mail address, and oper- 76.70 Exemption from input selector switch ational status changes. rules. 76.403 Cable television system reports. 522

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00522 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 76

Subpart J—Ownership of Cable Systems 76.912 Joint certification. 76.913 Assumption of jurisdiction by the 76.501 Cross-ownership. Commission. 76.502 Time limits applicable to franchise 76.914 Revocation of certification. authority consideration of transfer appli- 76.916 Petition for recertification. cations. 76.917 Notification of certification with- 76.503 National subscriber limits. drawal. 76.504 Limits on carriage of vertically inte- 76.920 Composition of the basic tier. grated programming. 76.921 Buy-through of other tiers prohib- 76.505 Prohibition on buy outs. ited. 76.922 Rates for the basic service tier and Subpart K—Technical Standards cable programming service tiers. 76.601 Performance tests. 76.923 Rates for equipment and installation 76.605 Technical standards. used to receive the basic service tier. 76.606 Closed captioning. 76.924 Allocation to service cost categories. 76.607 Resolution of complaints. 76.925 Costs of franchise requirements. 76.609 Measurements. 76.930 Initiation of review of basic cable 76.610 Operation in the frequency bands 108– service and equipment rates. 137 and 225–400 MHz—scope of applica- 76.931 Notification of basic tier availability. tion. 76.932 Notification of proposed rate in- 76.611 Cable television basic signal leakage crease. performance criteria. 76.933 Franchising authority review of basic 76.612 Cable television frequency separation cable rates and equipment costs. standards. 76.934 Small systems and small cable com- 76.613 Interference from a multichannel panies. video programming distributor (MVPD). 76.935 Participation of interested parties. 76.614 Cable television system regular moni- 76.936 Written decision. toring. 76.937 Burden of proof. 76.615 Notification requirements. 76.938 Proprietary information. 76.616 Operation near certain aeronautical 76.939 Truthful written statements and re- and marine emergency radio frequencies. sponses to requests of franchising au- 76.617 Responsibility for interference. thority. 76.618 Grandfathering. 76.940 Prospective rate reduction. 76.619 Grandfathered operation in the fre- 76.941 Rate prescription. quency bands 108–136 and 225–400 MHz. 76.942 Refunds. 76.620 Non-cable multichannel video pro- 76.943 Fines. gramming distributors (MVPDs). 76.944 Commission review of franchising au- 76.630 Compatibility with consumer elec- thority decisions on rates for the basic tronics equipment. service tier and associated equipment. 76.945 Procedures for Commission review of Subpart L—Cable Television Access basic service rates. 76.946 Advertising of rates. 76.701 Leased access channels. 76.950 Complaints regarding cable program- 76.702 Public access. ming service rates. 76.951 Standard complaint form; other filing Subpart M—Cable Inside Wiring requirements. 76.800 Definitions. 76.952 Information to be provided by cable 76.801 Scope. operator on monthly subscriber bills. 76.802 Disposition of cable home wiring. 76.953 Limitation on filing a complaint. 76.804 Disposition of home run wiring. 76.954 Initial review of complaint; minimum 76.805 Access to molding. showing requirement; dismissal of defec- 76.806 Pre-termination access to cable home tive complaints. wiring. 76.955 Additional opportunity to file corrected complaint. Subpart N—Cable Rate Regulation 76.956 Cable operator response. 76.957 Commission adjudication of the com- 76.900 Temporary freeze of cable rates. plaint. 76.901 Definitions. 76.958 Notice to Commission of rate change 76.905 Standards for identification of cable while complaint pending. systems subject to effective competition. 76.960 Prospective rate reductions. 76.906 Presumption of no effective competi- 76.961 Refunds. tion. 76.962 Implementation and certification of 76.907 Petition for a determination of effec- compliance. tive competition. 76.963 Forfeiture. 76.910 Franchising authority certification. 76.964 Written notification of changes in 76.911 Petition for reconsideration of cer- rates and services. tification. 76.970 Commercial leased access rates.

523

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T § 76.1 47 CFR Ch. I (10–1–99 Edition)

76.971 Commercial leased access terms and Subpart S—Open Video Systems conditions. 76.975 Commercial leased access dispute res- 76.1500 Definitions. olution. 76.1501 Qualifications to be an open video 76.977 Minority and educational program- system operator. ming used in lieu of designated commer- 76.1502 Certification. cial leased access capacity. 76.1503 Carriage of video programming pro- 76.980 Charges for customer changes. viders on open video systems. 76.981 Negative option billing. 76.1504 Rates, terms and conditions for car- 76.982 Continuation of rate agreements. riage on open video systems. 76.983 Discrimination. 76.1505 Public, educational and govern- 76.984 Geographically uniform rate struc- mental access. ture. 76.1506 Carriage of television broadcast sig- 76.985 Subscriber bill itemization. nals. 76.1507 Competitive access to satellite cable 76.986 ‘‘A la carte’’ offerings. programming. 76.987 New product tiers. 76.1508 Network non-duplication. 76.990 Small cable operators. 76.1509 Syndicated program exclusivity. 76.1510 Application of certain Title VI pro- Subpart O—Competitive Access to Cable visions. Programming 76.1511 Fees. 76.1512 Programming information. 76.1000 Definitions. 76.1513 Open video dispute resolution. 76.1001 Unfair practices generally. 76.1514 Bundling of video and local exchange 76.1002 Specific unfair practices prohibited. services. 76.1003 Program access proceedings. 76.1004 Applicability of program access ALPHABETICAL INDEX—PART 76 rules to common carriers and affiliates. AUTHORITY: 47 U.S.C. 151, 152, 153, 154, 301, 76.1005—76.1010 [Reserved] 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 534, 535, 536, 537, 543, 544, Subpart P—Competitive Availability of 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, Navigation Devices 571, 572, 573. 76.1200 Definitions. SOURCE: 37 FR 3278, Feb. 12, 1972, unless 76.1201 Rights of subscribers to use or at- otherwise noted. tach navigation devices. 76.1202 Availability of navigation devices. Subpart A—General 76.1203 Incidence of harm. 76.1204 Availability of equipment per- § 76.1 Purpose. forming conditional access or security The rules and regulations set forth in functions. 76.1205 Availability of interface informa- this part provide for the certification tion. of cable television systems and for 76.1206 Equipment sale or lease charge sub- their operation in conformity with sidy prohibition. standards for carriage of television 76.1207 Waivers. broadcast signals, program exclusivity, 76.1208 Sunset of regulations. cablecasting, access channels, and re- 76.1209 Theft of service. lated matters. 76.1210 Effect on other rules. § 76.3 Other pertinent rules. Subpart Q—Regulation of Carriage Agreements Other pertinent provisions of the Commission’s rules and regulations re- 76.1300 Definitions. lating to the Cable Television Service 76.1301 Prohibited practices. are included in the following parts of 76.1302 Carriage agreement proceedings. this chapter: 76.1303—1305 [Reserved] Part 0—Commission Organization. Subpart R—Telecommunications Act Part 1—Practice and Procedure. Implementation Part 11—Emergency Alert System (EAS) Part 21—Domestic Public Radio Services 76.1400 Purpose. (Other Than Maritime Mobile). 76.1401 Effective competition and local ex- Part 63—Extension of Lines and Discontinu- change carriers. ance of Service by Carriers. 76.1402 CPST rate complaints. Part 64—Miscellaneous Rules Relating to 76.1404 Use of cable facilities by local ex- Common Carriers. change carriers. Part 78—Cable Television Relay Service.

524

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00524 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.5

Part 91—Industrial Radio Services. (c) Television translator station. A tele- [37 FR 13864, June 14, 1972, as amended at 59 vision broadcast translator station as FR 67103, Dec. 28, 1994] defined in § 74.701 of this chapter. (d) Grade A and Grade B contours. The § 76.5 Definitions. field intensity contours defined in (a) Cable system or cable television sys- § 73.683(a) of this chapter. (e) Specified zone of a television broad- tem. A facility consisting of a set of cast station. The area extending 56.3 air closed transmission paths and associ- km (35 air miles) from the reference ated signal generation, reception, and point in the community to which that control equipment that is designed to station is licensed or authorized by the provide cable service which includes Commission. A list of reference points video programming and which is pro- is contained in § 76.53. A television vided to multiple subscribers within a broadcast station that is authorized community, but such term does not in- but not operating has a specified zone clude: that terminates eighteen (18) months (1) A facility that services only to re- after the initial grant of its construc- transmit the television signals of one tion permit. or more television broadcast stations; (f) Major television market. The speci- (2) A facility that serves subscribers fied zone of a commercial television without using any public right-of-way; station licensed to a community listed (3) A facility of a common carrier in § 76.51, or a combination of such which is subject, in whole or in part, to specified zones where more than one the provisions of Title II of the Com- community is listed. munications Act of 1934, as amended, (g) Designated community in a major except that such facility shall be con- television market. A community listed in sidered a cable system to the extent § 76.51. such facility is used in the trans- (h) Smaller television market. The spec- mission of video programming directly ified zone of a commercial television to subscribers, unless the extent of station licensed to a community that such use is solely to provide inter- is not listed in § 76.51. active on-demand services; (i) Significantly viewed. Viewed in (4) An open video system that com- other than cable television households plies with Section 653 of the Commu- as follows: (1) For a full or partial net- nications Act; or work station—a share of viewing hours (5) Any facilities of any electric util- of at least 3 percent (total week hours), ity used solely for operating its elec- and a net weekly circulation of at least tric utility systems. 25 percent; and (2) for an independent station—a share of viewing hours of at NOTE TO PARAGRAPH (a): The provisions of least 2 percent (total week hours), and Subparts D and F of this part shall also apply to all facilities defined previously as a net weekly circulation of at least 5 cable systems on or before April 28, 1985, ex- percent. See § 76.54. cept those that serve subscribers without NOTE: As used in this paragraph, ‘‘share of using any public right-of-way. viewing hours’’ means the total hours that (b) Television station; television broad- noncable television households viewed the cast station. Any television broadcast subject station during the week, expressed as a percentage of the total hours these house- station operating on a channel regu- holds viewed all stations during the period, larly assigned to its community by and ‘‘net weekly circulation’’ means the § 73.606 of this chapter, and any tele- number of noncable television households vision broadcast station licensed by a that viewed the station for 5 minutes or foreign government: Provided, however, more during the entire week, expressed as a That a television broadcast station li- percentage of the total noncable television censed by a foreign government shall households in the survey area. not be entitled to assert a claim to car- (j) Full network station. A commercial riage, program exclusivity, or retrans- television broadcast station that gen- mission consent authorization pursu- erally carries in weekly prime time ant to subpart D or F of this part, but hours 85 percent of the hours of pro- may otherwise be carried if consistent graming offered by one of the three with the rules on any service tier. major national television networks

525

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00525 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.5 47 CFR Ch. I (10–1–99 Edition)

with which it has a primary affiliation States, or nomination for any public (i.e., right of first refusal or first call). office except that of President or Vice (k) Partial network station. A commer- President, by means of a primary, gen- cial television broadcast station that eral or special election, shall be consid- generally carries in prime time more ered a legally qualified candidate if, in than 10 hours of programming per week addition to meeting the criteria set offered by the three major national tel- forth in paragraph (q)(1) of this section, evision networks, but less than the that person: amount specified in paragraph (j) of (i) Has qualified for a place on the this section. ballot, or (l) Independent station. A commercial (ii) Has publicly committed himself television broadcast station that gen- or herself to seeking election by the erally carries in prime time not more write-in method and is eligible under than 10 hours of programing per week applicable law to be voted for by stick- offered by the three major national tel- er, by writing in his or her name on the evision networks. ballot or by other method, and makes a (m) A network program is any pro- substantial showing that he or she is a gram delivered simultaneously to more bona fide candidate for nomination or than one broadcast station regional or office. national, commercial or noncommer- Persons seeking election to the office cial. of President or Vice President of the (n) Prime time. The 5-hour period from United States shall, for the purposes of 6 to 11 p.m., local time, except that in the Communications Act and the rules the central time zone the relevant pe- thereunder, be considered legally quali- riod shall be between the hours of 5 and fied candidates only in those States or 10 p.m., and in the mountain time zone territories (or the District of Colum- each station shall elect whether the pe- bia) in which they have met the re- riod shall be 6 to 11 p.m. or 5 to 10 p.m. quirements set forth in paragraphs (q) NOTE: Unless the Commission is notified to (1) and (2) of this rule; except that any the contrary, a station in the mountain time such person who has met the require- zone shall be presumed to have elected the 6 ments set forth in paragraphs (q) (1) to 11 p.m. period. and (2) in at least 10 States (or nine (o) Cablecasting. Programming (exclu- and the District of Columbia) shall be sive of broadcast signals) carried on a considered a legally qualified candidate cable television system. See para- for election in all States, territories graphs (y), (z) and (aa) (Classes II, III, and the District of Columbia for pur- and IV cable television channels) of poses of this Act. this section. (3) A person seeking nomination to (p) Origination cablecasting. Pro- any public office except that of Presi- graming (exclusive of broadcast sig- dent or Vice President of the United nals) carried on a cable television sys- States, by means of a convention, cau- tem over one or more channels and cus or similar procedure, shall be con- subject to the exclusive control of the sidered a legally qualified candidate if, cable operator. in addition to meeting the require- (q) Legally qualified candidate. (1) Any ments set forth in paragraph (q)(1) of person who: this section, that person makes a sub- (i) Has publicly announced his or her stantial showing that he or she is a intention to run for nomination or of- bona fide candidate for such nomina- fice; tion; except that no person shall be (ii) Is qualified under the applicable considered a legally qualified candidate local, State or Federal law to hold the for nomination by the means set forth office for which he or she is a can- in this paragraph prior to 90 days be- didate; and fore the beginning of the convention, (iii) Has met the qualifications set caucus or similar procedure in which forth in either paragraphs (q)(2), (3) or he or she seeks nomination. (4) of this section. (4) A person seeking nomination for (2) A person seeking election to any the office of President or Vice Presi- public office including that of Presi- dent of the United States shall, for the dent or Vice President of the United purposes of the Communications Act

526

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00526 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.5

and the rules thereunder, be considered which signals are not involved in a a legally qualified candidate only in broadcast transmission path. those States or territories (or the Dis- (t) Class III cable television channel. A trict of Columbia) in which, in addition signaling path provided by a cable tele- meeting the requirements set forth in vision system to deliver to subscriber paragraph (q)(1) of this section. terminals signals that are intended for (i) He or she, or proposed delegates reception by equipment other than a on his or her behalf, have qualified for television broadcast receiver or by a the primary of Presidential preference television broadcast receiver only ballot in that State, territory or the when used with auxiliary decoding District of Columbia, or equipment. (ii) He or she has made a substantial (u) Class IV cable television channel. A showing of bona fide candidacy for such signaling path provided by a cable tele- nomination in that State, territory of vision system to transmit signals of the District of Columbia; except that any type from a subscriber terminal to such person meeting the requirements another point in the cable television set forth in paragraph (q) (1) and (4) in system. at least 10 States (or nine and the Dis- (v) Subscriber terminal. The cable tele- trict of Columbia) shall be considered a vision system terminal to which a sub- legally qualified candidate for nomina- scriber’s equipment is connected. Sepa- tion in all States, territories and the rate terminals may be provided for de- District of Columbia for purposes of livery of signals of various classes. the Act. (5) The term ‘‘substantial showing’’ NOTE: Terminal devices interconnected to subscriber terminals of a cable system shall of bona fide candidacy as used in para- comply with subpart H of part 15. graph (q) (2), (3) and (4) of this section means evidence that the person claim- (w) System noise. That combination of ing to be a candidate has engaged to a undesired and fluctuating disturbances substantial degree in activities com- within a cable television channel that monly associated with political cam- degrades the transmission of the de- paigning. Such activities normally sired signal and that is due to modula- would include making campaign tion processes or thermal or other speeches, distributing campaign lit- noise-producing effects, but does not erature, issuing press releases, main- include hum and other undesired sig- taining a campaign headquarters (even nals of discrete frequency. System though the headquarters in some in- noise is specified in terms of its rms stances might be the residence of the voltage or its mean power level as candidate or his campaign manager). measured in the 4 MHz bandwidth be- Not all of the listed activities are nec- tween 1.25 and 5.25 MHz above the lower essarily required in each case to dem- channel boundary of a cable television onstrate a substantial showing, and channel. there may be activities not listed here- (x) Terminal isolation. The attenu- in which would contribute to such a ation, at any subscriber terminal, be- showing. tween that terminal and any other sub- (r) Class I cable television channel. A scriber terminal in the cable television signaling path provided by a cable tele- system. vision system to relay to subscriber (y) Visual signal level. The rms volt- terminals television broadcast pro- age produced by the visual signal dur- grams that are received off-the-air or ing the transmission of synchronizing are obtained by microwave or by direct pulses. connection to a television broadcast (z) Affiliate. When used in relation to station. any person, another person who owns (s) Class II cable television channel. A or controls, is owned or controlled by, signaling path provided by a cable tele- or is under common ownership or con- vision system to deliver to subscriber trol with, such person. terminals television signals that are (aa) Person. An individual, partner- intended for reception by a television ship, association, joint stock company, broadcast receiver without the use of trust, corporation, or governmental en- an auxilliary decoding device and tity.

527

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00527 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.5 47 CFR Ch. I (10–1–99 Edition)

(bb) Significant interest. A cognizable (jj) Rural area. A community unit interest for attributing interests in with a density of less than 19 house- broadcast, cable, and newspaper prop- holds per route kilometer or thirty erties pursuant to §§ 73.3555, 73.3615, and households per route mile of coaxial 76.501. and/or fiber optic cable trunk and feed- (cc) Cable system operator. Any person er line. or group of persons (1) who provides (kk) Technically integrated. Having cable service over a cable system and 75% or more of the video channels re- directly or through one or more affili- ceived from a common headend. ates owns a significant interest in such (ll) Cable home wiring. The internal cable system; or (2) who otherwise con- wiring contained within the premises trols or is responsible for, through any of a subscriber which begins at the de- arrangement, the management and op- marcation point. Cable home wiring in- eration of such a cable system. cludes passive splitters on the subscriber’s side of the demarcation point, (dd) System community unit: Commu- but does not include any active ele- nity unit. A cable television system, or ments such as amplifiers, converter or portion of a cable television system, decoder boxes, or remote control units. that operates or will operate within a (mm) Demarcation point. (1) For new separate and distinct community or and existing single unit installations, municipal entity (including unincor- the demarcation point shall be a point porated communities within unincor- at (or about) twelve inches outside of porated areas and including single, dis- where the cable wire enters the sub- crete unincorporated areas). scriber’s premises. (ee) Subscribers. A member of the gen- (2) For new and existing multiple eral public who receives broadcast pro- dwelling unit installations with non- gramming distributed by a cable tele- loop-through wiring configurations, vision system and does not further dis- the demarcation point shall be a point tribute it. at (or about) twelve inches outside of (ff) Cable service. The one-way trans- where the cable wire enters the submission to subscribers of video pro- scriber’s dwelling unit, or, where the gramming, or other programming serv- wire is physically inaccessible at such ice; and, subscriber interaction, if any, point, the closest practicable point which is required for the selection or thereto that does not require access to use of such video programming or the individual subscriber’s dwelling other programming service. For the unit. purposes of this definition, ‘‘video pro- (3) For new and existing multiple gramming’’ is programming provided dwelling unit installations with loop- by, or generally considered comparable through wiring configurations, the de- to programming provided by, a tele- marcation points shall be at (or about) vision broadcast station; and, ‘‘other twelve inches outside of where the programming service’’ is information cable wire enters or exits the first and that a cable operator makes available last individual dwelling units on the to all subscribers generally. loop, or, where the wire is physically (gg) [Reserved] inaccessible at such point(s), the clos- (hh) Input selector switch. Any device est practicable point thereto that does that enables a viewer to select between not require access to an individual sub- cable service and off-the-air television scriber’s dwelling unit. signals. Such a device may be more so- (4) As used in this paragraph (mm)(3), phisticated than a mere two-sided the term ‘‘physically inaccessible’’ de- switch, may utilize other cable inter- scribes a location that: face equipment, and may be built into (i) Would require significant modi- consumer television receivers. fication of, or significant damage to, (ii) A syndicated program is any pro- preexisting structural elements, and gram sold, licensed, distributed or of- (ii) Would add significantly to the fered to television station licensees in physical difficulty and/or cost of ac- more than one market within the cessing the subscriber’s home wiring. United States other than as network NOTE TO PARAGRAPH (MM)(4): For example, programming as defined in § 76.5(o). wiring embedded in brick, metal conduit or

528

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00528 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.6

cinder blocks with limited or without access § 76.6 General pleading requirements. openings would likely be physically inaccessible; wiring enclosed within hallway mold- (a) General pleading requirements. All ing would not. written submissions, both substantive and procedural, must conform to the (nn) Activated channels. Those chan- following standards: nels engineered at the headend of a (1) A pleading must be clear, concise, cable system for the provision of serv- and explicit. All matters concerning a ices generally available to residential claim, defense or requested remedy, subscribers of the cable system, regard- should be pleaded fully and with speci- less of whether such services actually ficity. are provided, including any channel (2) Pleadings must contain facts designated for public, educational or which, if true, are sufficient to warrant governmental use. a grant of the relief requested. (oo) Usable activated channels. Those (3) Facts must be supported by rel- activated channels of a cable system, evant documentation or affidavit. except those channels whose use for (4) The original of all pleadings and the distribution of broadcast signals submissions by any party shall be would conflict with technical and safe- signed by that party, or by the party’s ty regulations. See part 76, subpart K. attorney. Complaints must be signed (pp) Principal headend. (1) The by the complainant. The signing party headend, in the case of a cable system shall state his or her address and tele- with a single headend or, phone number and the date on which (2) In the case of a cable system with the document was signed. Copies more than one headend, the principal should be conformed to the original. headend designated by the cable oper- Each submission must contain a writ- ator, except that such designation ten verification that the signatory has shall not undermine or evade the re- read the submission and to the best of his or her knowledge, information and quirements of subpart D of this part. belief formed after reasonable inquiry, The designation of a principal headend it is well grounded in fact and is war- shall be made by May 3, 1993, and each ranted by existing law or a good faith cable system shall place in its public argument for the extension, modifica- file the location of its designated prin- tion or reversal of existing law; and cipal headend by June 17, 1993, as pro- that it is not interposed for any im- vided in § 76.302. Except for good cause, proper purpose. If any pleading or an operator may not change its choice other submission is signed in violation of principal headend. of this provision, the Commission shall (qq) Emergency Alert System (EAS). upon motion or upon its own initiative The EAS is composed of broadcast net- impose appropriate sanctions. works; cable networks and program (5) Legal arguments must be sup- suppliers; AM, FM and TV broadcast ported by appropriate judicial, Com- stations; Low Power TV (LPTV) sta- mission, or statutory authority. Oppos- tions; cable systems and wireless cable ing authorities must be distinguished. systems; and other entities and indus- Copies must be provided of all non- tries operating on an organized basis Commission authorities relied upon during emergencies at the National, which are not routinely available in State, or local levels. national reporting systems, such as un- [37 FR 3278, Feb. 12, 1972] published decisions or slip opinions of courts or administrative agencies. EDITORIAL NOTE: For FEDERAL REGISTER ci- (6) Parties are responsible for the tations affecting § 76.5, see the List of CFR Sections Affected in the Finding Aids sec- continuing accuracy and completeness tion of this volume. of all information and supporting authority furnished in a pending com- EFFECTIVE DATE NOTE: At 61 FR 6137, Feb. plaint proceeding. Information sub- 16, 1996, in § 76.5, paragraph (ll) was revised. mitted, as well as relevant legal au- Paragraph (ll) contains information collection and recordkeeping requirements and thorities, must be current and updated will not become effective until approval has as necessary and in a timely manner at been given by the Office of Management and any time before a decision is rendered Budget. on the merits of the complaint.

529

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00529 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.7 47 CFR Ch. I (10–1–99 Edition)

(b) Copies to be Filed. Unless other- of such relief would serve the public in- wise directed by specific regulation or terest. the Commission, an original and two (ii) The petition or complaint shall (2) copies of all pleadings shall be filed set forth all steps taken by the parties in accordance with § 0.401(a) of this to resolve the problem, except where chapter, except that petitions requir- the only relief sought is a clarification ing fees as set forth at part 1, subpart or interpretation of the rules. G of this chapter must be filed in ac- (iii) A petition or complaint may, on cordance with § 0.401(b) of this chapter. request of the filing party, be dismissed (c) Frivolous pleadings. It shall be un- without prejudice as a matter of right lawful for any party to file a frivolous prior to the adoption date of any final pleading with the Commission. Any action taken by the Commission with violation of this paragraph shall con- respect to the petition or complaint. A stitute an abuse of process subject to request for the return of an initiating appropriate sanctions. document will be regarded as a request [64 FR 6569, Feb. 10, 1999] for dismissal. (5) Failure to prosecute. Failure to § 76.7 General special relief, waiver, prosecute petition or complaint, or enforcement, complaint, show failure to respond to official cor- cause, forfeiture, and declaratory respondence or request for additional ruling procedures. information, will be cause for dis- (a) Initiating pleadings. In addition to missal. Such dismissal will be without the general pleading requirements, ini- prejudice if it occurs prior to the adop- tiating pleadings must adhere to the tion date of any final action taken by following requirements: the Commission with respect to the (1) Petitions. On petition by any inter- initiating pleading. ested party, cable television system op- (b) Responsive pleadings. In addition erator, a multichannel video program- to the general pleading requirements, ming distributor, local franchising au- responsive pleadings must adhere to thority, or an applicant, permittee, or the following requirements: licensee of a television broadcast or (1) Comments/oppositions to petitions. translator station, the Commission Unless otherwise directed by the Com- may waive any provision of this part mission, interested persons may sub- 76, impose additional or different remit comments or oppositions within quirements, issue a ruling on a com- twenty (20) days after the date of pub- plaint or disputed question, issue a lic notice of the filing of such petition. show cause order, revoke the certifi- Comments or oppositions shall be cation of the local franchising author- served on the petitioner and on all per- ity, or initiate a forfeiture proceeding. sons listed in petitioner’s certificate of Petitions may be submitted informally service, and shall contain a detailed by letter. full showing, supported by affidavit, of (2) Complaints. Complaints shall con- any facts or considerations relied on. form to the relevant rule section under (2) Answers to complaints. (i) Unless which the complaint is being filed. otherwise directed by the Commission, (3) Certificate of service. Petitions and any party who is served with a com- Complaints shall be accompanied by a plaint shall file an answer in accord- certificate of service on any cable tele- ance with the following, and the rel- vision system operator, franchising au- evant rule section under which the thority, station licensee, permittee, or complaint is being filed. applicant, or other interested person (ii) The answer shall be filed within who is likely to be directly affected if 20 days of service of the complaint, un- the relief requested is granted. less another period is set forth in the (4) Statement of relief requested. (i) The relevant rule section. petition or complaint shall state the (iii) The answer shall advise the par- relief requested. It shall state fully and ties and the Commission fully and com- precisely all pertinent facts and con- pletely of the nature of any and all de- siderations relied on to demonstrate fenses, and shall respond specifically to the need for the relief requested and to all material allegations of the com- support a determination that a grant plaint. Collateral or immaterial issues

530

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00530 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.7

shall be avoided in answers and every (d) Motions. Except as provided in effort should be made to narrow the this section, or upon a showing of ex- issues. Any party against whom a com- traordinary circumstances, additional plaint is filed failing to file and serve motions or pleadings by any party will an answer within the time and in the not be accepted. manner prescribed by these rules may (e) Additional procedures and written be deemed in default and an order may submissions. (1) The Commission may be entered against defendant in accord- specify other procedures, such as oral ance with the allegations contained in argument or evidentiary hearing di- the complaint. rected to particular aspects, as it (iv) The answer shall admit or deny deems appropriate. In the event that the averments on which the adverse an evidentiary hearing is required, the party relies. If the defendant is without Commission will determine, on the knowledge or information sufficient to basis of the pleadings and such other form a belief as to the truth of an aver- procedures as it may specify, whether ment, the defendant shall so state and temporary relief should be afforded any this has the effect of a denial. When a party pending the hearing and the na- defendant intends in good faith to deny ture of any such temporary relief. only part of an averment, the answer (2) The Commission may require the shall specify so much of it as is true parties to submit any additional infor- and shall deny only the remainder. The mation it deems appropriate for a full, defendant may make its denials as spe- fair, and expeditious resolution of the cific denials of designated averments proceeding, including copies of all con- or paragraphs, or may generally deny tracts and documents reflecting ar- all the averments except such des- rangements and understandings alleged ignated averments or paragraphs as the to violate the requirements set forth in defendant expressly admits. When the the Communications Act and in this defendant intends to controvert all part, as well as affidavits and exhibits. averments, the defendant may do so by (3) The Commission may, in its dis- general denial. cretion, require the parties to file briefs summarizing the facts and issues (v) Averments in a complaint are presented in the pleadings and other deemed to be admitted when not denied record evidence. in the answer. (i) These briefs shall contain the (c) Reply. In addition to the general findings of fact and conclusions of law pleading requirements, reply com- which that party is urging the Com- ments and replies must adhere to the mission to adopt, with specific cita- following requirements: tions to the record, and supported by (1) The petitioner or complainant relevant authority and analysis. may file a reply to a responsive plead- (ii) Any briefs submitted shall be ing which shall be served on all persons filed concurrently by both the com- who have filed pleadings and shall also plainant and defendant at such time as contain a detailed full showing, sup- is designated by the staff. Such briefs ported by affidavit, of any additional shall not exceed fifty (50) pages. facts or considerations relied on. Un- (iii) Reply briefs may be submitted less expressly permitted by the Com- by either party within twenty (20) days mission, reply comments and replies to from the date initial briefs are due. an answer shall not contain new mat- Reply briefs shall not exceed thirty (30) ters. pages. (2) Failure to reply will not be (f) Discovery. (1) The Commission deemed an admission of any allega- staff may in its discretion order dis- tions contained in the responsive covery limited to the issues specified pleading, except with respect to any af- by the Commission. Such discovery firmative defense set forth therein. may include answers to written inter- (3) Unless otherwise directed by the rogatories, depositions or document Commission or the relevant rule sec- production. tion, comments and replies to answers (2) The Commission staff may in its must be filed within ten (10) days after discretion direct the parties to submit submission of the responsive pleading. discovery proposals, together with a

531

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00531 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.8 47 CFR Ch. I (10–1–99 Edition)

memorandum in support of the dis- the request, or may issue a ruling on covery requested. Such discovery re- the complaint or dispute, issue an quests may include answers to written order to show cause, or initiate a for- interrogatories, document production feiture proceeding. or depositions. The Commission staff NOTES 1 THROUGH 4 TO § 76.7: NOTE 1: After may hold a status conference with the issuance of an order to show cause pursuant parties, pursuant to § 76.8 of this part, to this section, the rules of procedure in to determine the scope of discovery, or Title 47, part 1, subpart A, §§ 1.91–1.95 of this direct the parties regarding the scope chapter shall apply. of discovery. If the Commission staff NOTE 2: Nothing in this section is intended determines that extensive discovery is to prevent the Commission from initiating required or that depositions are war- show cause or forfeiture proceedings on its ranted, the staff may advise the parties own motion; Provided, however, that show that the proceeding will be referred to cause proceedings and forfeiture proceedings an administrative law judge in accord- pursuant to § 1.80(g) of this chapter will not ance with paragraph (g) of this section. be initiated by such motion until the affected parties are given an opportunity to re- (g) Referral to administrative law judge. spond to the Commission’s charges. (1) After reviewing the pleadings, and NOTE 3: Forfeiture proceedings are gen- at any stage of the proceeding there- erally nonhearing matters conducted pursu- after, the Commission staff may, in its ant to the provisions of § 1.80(f) of this chap- discretion, designate any proceeding or ter (Notice of Apparent Liability). Peti- discrete issues arising out of any pro- tioners who contend that the alternative ceeding for an adjudicatory hearing be- hearing procedures of § 1.80(g) of this chapter fore an administrative law judge. should be followed in a particular case must (2) Before designation for hearing, support this contention with a specific show- the staff shall notify, either orally or ing of the facts and considerations relied on. in writing, the parties to the pro- NOTE 4: To the extent a conflict is per- ceeding of its intent to so designate, ceived between the general pleading require- and the parties shall be given a period ments of this section, and the procedural re- of ten (10) days to elect to resolve the quirements of a specific section, the proce- dispute through alternative dispute dural requirements of the specific section should be followed. resolution procedures, or to proceed with an adjudicatory hearing. Such [64 FR 6569, Feb. 10, 1999] election shall be submitted in writing to the Commission. § 76.8 Status conference. (3) Unless otherwise directed by the (a) In any proceeding subject to the Commission, or upon motion by the part 76 rules, the Commission staff Cable Services Bureau Chief, the Cable may in its discretion direct the attor- Services Bureau Chief shall not be neys and/or the parties to appear for a deemed to be a party to a proceeding conference to consider: designated for a hearing before an ad- (1) Simplification or narrowing of the ministrative law judge pursuant to this issues; paragraph. (h) System community units outside the (2) The necessity for or desirability of Contiguous States. On a finding that the amendments to the pleadings, addi- public interest so requires, the Com- tional pleadings, or other evidentiary mission may determine that a system submissions; community unit operating or proposing (3) Obtaining admissions of fact or to operate in a community located out- stipulations between the parties as to side of the 48 contiguous states shall any or all of the matters in con- comply with provisions of subparts D, troversy; F, and G of this part in addition to the (4) Settlement of the matters in con- provisions thereof otherwise applica- troversy by agreement of the parties; ble. (5) The necessity for and extent of (i) Commission ruling. The Commis- discovery, including objections to in- sion, after consideration of the plead- terrogatories or requests for written ings, may determine whether the pub- documents; lic interest would be served by the grant, in whole or in part, or denial of

532

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00532 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T Federal Communications Commission § 76.9

(6) The need and schedule for filing standards for nondisclosure enunciated briefs, and the date for any further in FOIA. conferences; and (b) Submissions containing informa- (7) Such other matters that may aid tion claimed to be proprietary under in the disposition of the proceeding. this section shall be submitted to the (b) Any party may request that a Commission in confidence pursuant to conference be held at any time after an the requirements of § 0.459 of this chap- initiating document has been filed. ter and clearly marked ‘‘Not for Public (c) Conferences will be scheduled by Inspection.’’ An edited version remov- the Commission at such time and place ing all proprietary data shall be filed as it may designate, to be conducted in with the Commission for inclusion in person or by telephone conference call. the public file within five (5) days from (d) The failure of any attorney or the date the unedited reply is sub- party, following advance notice with mitted, and shall be served on the op- an opportunity to be present, to appear posing parties. at a scheduled conference will be (c) Except as provided in paragraph deemed a waiver and will not preclude (d) of this section, materials marked as the Commission from conferring with proprietary may be disclosed solely to those parties or counsel present. the following persons, only for use in (e) During a status conference, the the proceeding, and only to the extent Commission staff may issue oral rul- necessary to assist in the prosecution ings pertaining to a variety of matters or defense of the case: relevant to the conduct of the pro- (i) Counsel of record representing the ceeding including, inter alia, procedural parties in the proceeding and any sup- matters, discovery, and the submission port personnel employed by such attor- of briefs or other evidentiary mate- neys; rials. These rulings will be promptly (ii) Officers or employees of the par- memorialized in writing and served on ties in the proceeding who are named the parties. When such rulings require by another party as being directly in- a party to take affirmative action not volved in the proceeding; subject to deadlines established by an- (iii) Consultants or expert witnesses other provision of this subpart, such retained by the parties; action will be required within ten (10) (iv) The Commission and its staff; days from the date of the written me- and morialization unless otherwise directed (v) Court reporters and stenographers by the staff. in accordance with the terms and conditions of this section. [64 FR 6571, Feb. 10, 1999] (d) The Commission will entertain, subject to a proper showing, a party’s § 76.9 Confidentiality of proprietary request to further restrict access to information. proprietary information as specified by (a) Any materials filed in the course the party. The other parties will have of a proceeding under this provision an opportunity to respond to such re- may be designated as proprietary by quests. that party if the party believes in good (e) The persons designated in para- faith that the materials fall within an graphs (c) and (d) of this section shall exemption to disclosure contained in not disclose information designated as the Freedom of Information Act proprietary to any person who is not (FOIA), 5 U.S.C. 552(b). Any party as- authorized under this section to re- serting confidentiality for such mate- ceive such information, and shall not rials shall so indicate by clearly mark- use the information in any activity or ing each page, or portion thereof, for function other than the prosecution or which a proprietary designation is defense of the case before the Commis- claimed. If a proprietary designation is sion. Each individual who is provided challenged, the party claiming con- access to the information by the oppos- fidentiality will have the burden of ing party shall sign a notarized state- demonstrating, by a preponderance of ment affirmatively stating, or shall the evidence, that the material des- certify under penalty of perjury, that ignated as proprietary falls under the the individual has personally reviewed

533

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00533 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.10 47 CFR Ch. I (10–1–99 Edition)

the Commission’s rules and under- not be entertained. Petitions for recon- stands the limitations they impose on sideration of a decision on the merits the signing party. made by the Commission’s staff should (f) No copies of materials marked be filed in accordance with §§ 1.104 proprietary may be made except copies through 1.106 of this chapter. to be used by persons designated in (c) Application for review. (1) Any paragraphs (c) and (d) of this section. party to a part 76 proceeding aggrieved Each party shall maintain a log record- by any decision on the merits issued by ing the number of copies made of all the staff pursuant to delegated author- proprietary material and the persons ity may file an application for review to whom the copies have been provided. by the Commission in accordance with (g) Upon termination of the com- § 1.115 of this chapter. plaint proceeding, including all appeals (2) Any party to a part 76 proceeding and petitions, all originals and repro- aggrieved by any decision on the mer- ductions of any proprietary materials, its by an administrative law judge may along with the log recording persons file an appeal of the decision directly who received copies of such materials, with the Commission, in accordance shall be provided to the producing with §§ 1.276(a) and 1.277(a) through (c) party. In addition, upon final termi- of this chapter, except that in pro- nation of the proceeding, any notes or ceedings brought pursuant to §§ 76.1003, other work product derived in whole or 76.1302, and 76.1513 of this part, unless a in part from the proprietary materials stay is granted by the Commission, the of an opposing or third party shall be decision by the administrative law destroyed. judge will become effective upon re- [64 FR 6571, Feb. 10, 1999] lease and will remain in effect pending appeal. § 76.10 Review. [64 FR 6571, Feb. 10, 1999] (a) Interlocutory review. (1) Except as provided below, no party may seek re- § 76.11 Lockbox enforcement. view of interlocutory rulings until a decision on the merits has been issued Any party aggrieved by the failure or by the staff or administrative law refusal of a cable operator to provided judge. a lockbox as provided for in Title VI of (2) Rulings listed in this paragraph the Communications Act may petition are reviewable as a matter of right. An the Commission for relief in accord- application for review of such ruling ance with the provisions and proce- may not be deferred and raised as an dures set forth in § 76.7 for petitions for exception to a decision on the merits. special relief. (i) If the staff’s ruling denies or ter- [50 FR 18661, May 2, 1985] minates the right of any person to participate as a party to the proceeding, such person, as a matter of right, may Subpart B—Registration file an application for review of that Statements ruling. (ii) If the staff’s ruling requires pro- § 76.12 Registration statement required. duction of documents or other written evidence, over objection based on a A system community unit shall be claim of privilege, the ruling on the authorized to commence operation claim of privilege is reviewable as a only after filing with the Commission matter of right. the following information: (iii) If the staff’s ruling denies a mo- (a) The legal name of the operator, tion to disqualify a staff person from entity identification or social security participating in the proceeding, the number, and whether the operator is an ruling is reviewable as a matter of individual, private association, part- right. nership, or corporation. If the operator (b) Petitions for reconsideration. Peti- is a partnership, the legal name of the tions for reconsideration of interlocu- partner responsible for communica- tory actions by the Commission’s staff tions with the Commission shall be or by an administrative law judge will supplied;

534

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.51

(b) The assumed name (if any) used mission’s rules, a cable television sys- for doing business in the community; tem may request special temporary au- (c) The mail address, including ZIP thority to operate. The Commission code, and the telephone number to may grant special temporary author- which all communications are to be di- ity, upon a finding that the public in- rected; terest would be served thereby, for a (d) The date the system provided period not to exceed ninety (90) days, service to 50 subscribers; and may extend such authority, upon a (e) The name of the community or like finding, for one additional period, area served and the county in which it not to exceed ninety (90) days. is located; (b) Requests for special temporary (f) The television broadcast signals to authority may be submitted infor- be carried which previously have not mally, by letter, and shall contain the been certified or registered. following: (1) Name and address of the applicant (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, cable system. 48 Stat. 1064—1066, 1068, 1081—1085, 1088, 1089, (2) Community in which the commu- as amended; 47 U.S.C. 152, 153, 154, 155, 301, nity unit is located. 303, 307, 308, 309, 315, 317) (3) Type of operation to be conducted. [37 FR 3278, Feb. 12, 1972, as amended at 45 (4) Date of commencement of pro- FR 52154, Aug. 6, 1980; 49 FR 27154, July 2, posed operations. 1984; 50 FR 40855, Oct. 7, 1985] (5) Duration of time for which temporary authority is required. § 76.14 Who may sign registration (6) All pertinent facts and consider- statements. ations relied on to demonstrate the (a) Registration statements shall be need for special temporary authority personally signed by the operator; by and to support a determination that a one of the partners, if the operator is a grant of such authority would serve the partnership; by an officer, if the oper- public interest. ator is a corporation; by a member who (7) A certificate of service on all in- is an officer, if the operator is an unin- terested parties. corporated association; or by any duly (c) A request for special temporary authorized employee of the operator. authority shall be filed at least ten (10) (b) Registration statements may be days prior to the date of commence- signed by the operator’s attorney in ment of the proposed operations, or case of the operator’s physical dis- shall be accompanied by a statement of ability or of his absence from the reasons for the delay in submitting United States. The attorney shall in such request. that event separately set forth the rea- (d) A grant of special temporary au- sons why the registration statement thority may be rescinded by the Com- was not signed by the operator. In admission at any time upon a finding of dition, if any matter is stated on the facts which warrant such action. basis of the attorney’s belief only [39 FR 35166, Sept. 30, 1974; 42 FR 19346, Apr. (rather than his knowledge), he shall 13, 1977, as amended at 43 FR 49008, Oct. 20, separately set forth his reasons for be- 1978] lieving that such statements are true. [43 FR 49008, Oct. 20, 1978] Subpart C—Federal-State/Local Regulatory Relationships § 76.17 Public notice. [Reserved] The Commission will give public notice of the filing of registration state- Subpart D—Carriage of Television ments. Broadcast Signals [43 FR 49008, Oct. 20, 1978] § 76.51 Major television markets. § 76.29 Special temporary authority. For purposes of the cable television (a) In circumstances requiring the rules, the following is a list of the temporary use of community units for major television markets and their operations not authorized by the Com- designated communities:

535

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.51 47 CFR Ch. I (10–1–99 Edition)

(a) First 50 major television markets: (52) Toledo, Ohio. (53) Omaha, Nebr. (1) New York, New York-Linden-Paterson- (54) Tulsa, Okla. Newark, New Jersey. (2) Los Angeles-San Bernardino-Corona- (55) Orlando-Daytona Beach-Melbourne- Fontana-Riverside, Calif. Cocoa-Clermont, Florida. (3) Chicago, Ill. (56) Rochester, N.Y. (4) Philadelphia, Pa.-Burlington, N.J. (57) Harrisburg-Lancaster-York, Pa. (5) Detroit, Mich. (58) Texarkana, Tex.-Shreveport, La. (6) Boston-Cambridge-Worcester-Lawrence, (59) Mobile, Ala.-Pensacola, Fla. Mass. (60) Davenport, Iowa-Rock Island-Moline, (7) San Francisco-Oakland-San Jose, Calif. Ill. (8) Cleveland-Lorain-Akron, Ohio. (61) Flint-Bay City-Saginaw, Mich. (9) Washington, DC. (62) Green Bay, Wis. (10) Pittsburgh, Pa. (63) Richmond-Petersburg, Va. (11) St. Louis, Mo. (12) Dallas-Fort Worth, Tex. (64) Springfield-Decatur-Champaign, Illi- (13) Minneapolis-St. Paul, Minn. nois. (14) Baltimore, Md. (65) Cedar Rapids-Waterloo, Iowa. (15) Houston, Tex. (66) Des Moines-Ames, Iowa. (16) Indianapolis-Bloomington, Ind. (67) Wichita-Hutchinson, Kans. (17) Cincinnati, Ohio-Newport, Ky. (68) Jacksonville, Fla. (18) Atlanta-Rome, Ga. (69) Cape Girardeau, Mo.-Paducah, Ky.- (19) Hartford-New Haven-New Britain-Wa- Harrisburg, Ill. terbury-New London, Ct. (70) Roanoke-Lynchburg, Va. (20) Seattle-Tacoma, Wash. (71) Knoxville, Tenn. (21) Miami, Fla. (22) Kansas City, Mo. (72) Fresno-Visalia-Hanford-Clovis, Cali- (23) Milwaukee, Wis. fornia. (24) Buffalo, N.Y. (73) Raleigh-Durham-Goldsboro-Fayette- (25) Sacramento-Stockton-Modesto, Calif. ville, North Carolina. (26) Memphis, Tenn. (74) Johnstown-Altoona, Pa. (27) Columbus-Chillicothe, Ohio. (75) Portland-Poland Spring, Maine. (28) Los Angeles-San Bernandino-Corona- (76) Spokane, Wash. Riverside-Anaheim, Calif. (77) Jackson, Miss. (29) Portland, Oreg. (78) Chattanooga, Tenn. (30) Nashville, Tenn. (79) Youngstown, Ohio. (31) New Orleans, La. (80) South Bend-Elkhart, Ind. (32) Denver-Castle Rock, Colorado. (33) Providence, R.I.-New Bedford, Mass. (81) Albuquerque, N. Mex. (34) Albany-Schenectady-Troy, N.Y. (82) Fort Wayne-Roanoke, Ind. (35) Syracuse, N.Y. (83) Peoria, Ill. (36) Charleston-Huntington, W. Va. (84) Greenville-Washington-New Bern, N.C. (37) Kalamazoo-Grand Rapids-Battle Creek, (85) Sioux Falls-Mitchell, S. Dak. Mich. (86) Evansville, Ind. (38) Louisville, Ky. (87) Baton Rouge, La. (39) Oklahoma City, Okla. (88) Beaumont-Port Arthur, Tex. (40) Birmingham, Ala. (89) Duluth, Minn.-Superior, Minn. (41) Dayton-Kettering, Ohio. (42) Charlotte, N.C. (90) Wheeling, W. Va.-Steubenville, Ohio. (43) Phoenix-Mesa, Ariz. (91) Lincoln-Hastings-Kearney, Nebr. (44) Norfolk-Newport News-Portsmouth- (92) Lansing-Onondaga, Mich. Hampton, Va. (93) Madison, Wis. (45) San Antonio, Tex. (94) Columbus, Ga. (46) Greenville-Spartanburg-Anderson, (95) Amarillo, Tex. S.C.-Asheville, N.C. (96) Huntsville-Decatur, Ala. (47) Greensboro-High Point-Winston (97) Rockford-Freeport, Ill. Salem, N.C. (98) Fargo-Valley City, N.D. (48) Salt Lake City, Utah. (49) Wilkes Barre-Scranton, Pa. (99) Monroe, La.-El Dorado, Ark. (50) Little Rock-Pine Bluff, Arkansas. (100) Columbia, S.C. (b) Second 50 major television mar- NOTE: Requests for changes to this list kets: shall be made in the form of a petition for rulemaking pursuant to § 1.401 of this chap- (51) San Diego, Calif. ter, except that such petitions shall not be

536

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00536 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.53

subject to the public notice provisions of State and community Latitude Longitude § 1.403 of this chapter. Monterey ...... 36°35′44′′ 121°53′39′′ [37 FR 3278, Feb. 12, 1972, as amended at 37 Oakland ...... 37°48′03′′ 122°15′54′′ ° ′ ′′ ° ′ ′′ FR 13866, July 14, 1972; 39 FR 24373, July 2, Palm Springs ...... 33 49 22 116 32 46 Redding ...... 40°34′57′′ 122°23′34′′ 1974; 39 FR 27572, July 30, 1974; 39 FR 37988, Sacramento ...... 38°34′57′′ 121°29′41′′ Oct. 25, 1974; 58 FR 17359, Apr. 2, 1993; 58 FR Salinas ...... 36°40′24′′ 121°39′25′′ 30995, May 28, 1993; 58 FR 64168, Dec. 6, 1993; San Bernardino ...... 34°06′30′′ 117°17′28′′ 58 FR 67694, Dec. 22, 1993; 59 FR 25344, May 16, San Diego ...... 32°42′53′′ 117°09′21′′ ° ′ ′′ ° ′ ′′ 1994; 59 FR 46358, Sept. 8, 1994; 60 FR 45376, San Francisco ...... 37 46 39 122 24 40 San Jose ...... 37°20′16′′ 121°53′24′′ Aug. 31, 1995; 60 FR 51928, Oct. 4, 1995; 61 FR San Luis Obispo ...... 35°16′49′′ 120°39′34′′ 18292, Apr. 25, 1996] San Mateo ...... 37°34′08′′ 122°19′16′′ Santa Barbara ...... 34°25′18′′ 119°41′55′′ § 76.53 Reference points. Santa Maria ...... 34°57′02′′ 120°26′10′′ Stockton ...... 37°57′30′′ 121°17′16′′ The following list of reference points Tulare ...... 36°12′31′′ 119°20′35′′ shall be used to identify the boundaries Ventura ...... 34°16′47′′ 119°17′22′′ of the major and smaller television Visalia ...... 36°19′46′′ 119°17′30′′ Colorado: markets (defined in § 76.5). Where a Colorado Springs ...... 38°50′07′′ 104°49′16′′ community’s reference point is not Denver ...... 39°44′58′′ 104°59′22′′ given, the geographic coordinates of Durango ...... 37°16′29′′ 107°52′25′′ Grand Junction ...... 39°04′06′′ 108°33′54′′ the main post office in the community Montrose ...... 38°28′44′′ 107°52′31′′ shall be used. Pueblo ...... 38°16′17′′ 104°36′33′′ Sterling ...... 40°37′29′′ 103°12′25′′ State and community Latitude Longitude Connecticut: Bridgeport ...... 41°10′49′′ 73°11′22′′ Alabama: Hartford ...... 41°46′12′′ 72°40′49′′ Anniston ...... 33°39′49′′ 85°49′47′′ New Britain ...... 41°40′02′′ 72°47′08′′ Birmingham ...... 33°31′01′′ 86°48′36′′ New Haven ...... 41°18′25′′ 72°55′30′′ Decatur ...... 34°36′35′′ 86°58′45′′ Norwich ...... 41°31′36′′ 72°04′31′′ Demopolis ...... 32°30′56′′ 87°50′07′′ Waterbury ...... 41°33′13′′ 73°02′31′′ Dothan ...... 31°13′27′′ 85°23′35′′ Delaware: Dozier ...... 31°29′30′′ 86°21′59′′ Wilmington ...... 39°44′46′′ 75°32′51′′ Florence ...... 34°48′05′′ 87°40′31′′ District of Columbia: Huntsville ...... 34°44′18′′ 86°35′19′′ Washington ...... 38°53′51′′ 77°00′33′′ Louisville ...... 31°47′00′′ 85°33′09′′ Florida: Mobile ...... 30°41′36′′ 88°02′33′′ Clearwater ...... 27°57′56′′ 82°47′51′′ Montgomery ...... 32°22′33′′ 86°18′31′′ Daytona Beach ...... 29°12′44′′ 81°01′10′′ Mount Cheaha State Park 33°29′26′′ 85°48′30′′ Fort Lauderdale ...... 26°07′11′′ 80°08′34′′ Selma ...... 24°24′26′′ 87°01′15′′ Fort Myers ...... 26°38′42′′ 81°52′06′′ Tuscaloosa ...... 33°12′05′′ 87°33′44′′ Fort Pierce ...... 27°26′48′′ 80°19′38′′ Alaska: Gainesville ...... 29°38′56′′ 82°19′19′′ Anchorage ...... 61°13′09′′ 149°53′29′′ Jacksonville ...... 30°19′44′′ 81°39′42′′ College ...... 64°51′22′′ 147°48′38′′ Largo ...... 27°54′54′′ 82°47′32′′ Fairbanks ...... 64°50′35′′ 147°41′51′′ Leesburg ...... 28°48′43′′ 81°52′30′′ Juneau ...... 58°18′06′′ 134°25′09′′ Melbourne ...... 28°04′41′′ 80°36′29′′ Sitka ...... 57°02′58′′ 135°20′12′′ Miami ...... 25°46′37′′ 80°11′32′′ Arizona: Ocala ...... 29°11′34′′ 82°08′14′′ Flagstaff ...... 35°11′54′′ 111°39′02′′ Orlando ...... 28°32′42′′ 81°22′38′′ Mesa ...... 33°24′54′′ 111°49′41′′ Panama City ...... 30°09′24′′ 85°39′47′′ Nogales ...... 31°20′14′′ 110°56′12′′ Pensacola ...... 30°24′51′′ 87°12′56′′ Phoenix ...... 33°27′12′′ 112°04′28′′ St. Petersburg ...... 27°46′18′′ 82°38′16′′ Tucson ...... 32°13′15′′ 110°58′08′′ Sarasota ...... 27°20′05′′ 82°32′29′′ Yuma ...... 32°43′16′′ 114°37′01′′ Tallahassee ...... 30°26′30′′ 84°16′50′′ Arkansas: Tampa ...... 27°56′58′′ 82°27′26′′ El Dorado ...... 33°12′39′′ 92°39′40′′ West Palm Beach ...... 26°42′36′′ 80°03′05′′ Fayetteville ...... 36°03′41′′ 94°09′38′′ Georgia: Fort Smith ...... 35°23′10′′ 94°25′36′′ Albany ...... 31°34′36′′ 84°09′22′′ Jonesboro ...... 35°50′14′′ 90°42′11′′ Athens ...... 33°57′34′′ 83°22′39′′ Little Rock ...... 34°44′42′′ 92°16′37′′ Atlanta ...... 33°45′10′′ 84°23′37′′ California: Augusta ...... 33°28′20′′ 81°58′00′′ Bakersfield ...... 35°22′31′′ 119°01′16′′ Chatsworth ...... 34°46′08′′ 84°46′10′′ Chico ...... 39°44′07′′ 121°49′57′′ Cochran ...... 32°23′18′′ 83°21′18′′ Concord ...... 37°58′46′′ 122°01′51′′ Columbus ...... 32°28′07′′ 84°59′24′′ Corona ...... 33°52′35′′ 117°33′56′′ Dawson ...... 31°46′33′′ 84°26′20′′ El Centro ...... 32°47′25′′ 115°32′45′′ Macon ...... 32°50′12′′ 83°37′36′′ Eureka ...... 40°48′08′′ 124°09′46′′ Pelham ...... 31°07′42′′ 84°09′02′′ Fontana ...... 34°05′45′′ 117°26′29′′ Savannah ...... 32°04′42′′ 81°05′37′′ Fresno ...... 36°44′12′′ 119°47′11′′ Thomasville ...... 30°50′25′′ 83°58′59′′ Guasti ...... 34°03′48′′ 117°35′10′′ Waycross ...... 31°12′19′′ 82°21′47′′ Hanford ...... 36°19′51′′ 119°38′48′′ Wrens ...... 33°12′21′′ 82°23′23′′ Los Angeles ...... 34°03′15′′ 118°14′28′′ Guam: Modesto ...... 37°38′26′′ 120°59′44′′ Agana ...... 13°28′23′′ 144°45′00′′

537

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.53 47 CFR Ch. I (10–1–99 Edition)

State and community Latitude Longitude State and community Latitude Longitude

Hawaii: Bowling Green ...... 36°59′41′′ 86°26′33′′ Hilo ...... 19°43′42′′ 155°05′30′′ Covington ...... 39°05′00′′ 84°30′29′′ Honolulu ...... 21°18′36′′ 157°51′48′′ Elizabethtown ...... 37°41′38′′ 85°51′35′′ Wailuku ...... 20°53′21′′ 156°30′27′′ Hazard ...... 37°14′54′′ 83°11′31′′ Idaho: Lexington ...... 38°02′50′′ 84°29′46′′ Boise ...... 43°37′07′′ 116°11′58′′ Louisville ...... 38°14′47′′ 85°45′49′′ Idaho Falls ...... 43°29′39′′ 112°02′28′′ Madisonville ...... 37°19′45′′ 87°29′54′′ Lewiston ...... 46°25′05′′ 117°01′10′′ Morehead ...... 38°10′53′′ 83°26′08′′ Moscow ...... 46°43′58′′ 116°59′54′′ Murray ...... 36°36′35′′ 88°18′39′′ Pocatello ...... 42°51′38′′ 112°27′01′′ Newport ...... 39°05′28′′ 84°29′20′′ Twin Falls ...... 42°33′25′′ 114°28′21′′ Owensboro ...... 37°46′27′′ 87°06′46′′ Illinois: Owenton ...... 38°32′11′′ 84°50′16′′ Aurora ...... 41°45′22′′ 88°18′56′′ Paducah ...... 37°05′13′′ 88°35′56′′ Bloomington ...... 40°28′58′′ 88°59′32′′ Pikesville ...... 37°28′49′′ 82°31′09′′ Carbondale ...... 37°43′38′′ 89°13′00′′ Somerset ...... 37°05′35′′ 84°36′17′′ Champaign ...... 40°07′05′′ 88°14′48′′ Louisiana: Chicago ...... 41°52′28′′ 87°38′22′′ Alexandria ...... 31°18′33′′ 92°26′47′′ Decatur ...... 39°50′37′′ 88°57′11′′ Baton Rouge ...... 30°26′58′′ 91°11′00′′ Elgin ...... 42°02′14′′ 88°16′53′′ Houma ...... 29°35′34′′ 90°43′09′′ Freeport ...... 42°17′57′′ 89°37′07′′ Lafayette ...... 30°13′24′′ 92°01′06′′ Harrisburg ...... 37°44′20′′ 88°32′25′′ Lake Charles ...... 30°13′45′′ 93°12′52′′ Jacksonville ...... 39°44′03′′ 90°13′44′′ Monroe ...... 32°30′02′′ 92°06′55′′ Joliet ...... 41°31′37′′ 88°04′52′′ New Orleans ...... 29°56′53′′ 90°04′10′′ La Salle ...... 41°19′49′′ 89°05′44′′ Shreveport ...... 32°30′46′′ 93°44′58′′ Moline ...... 41°30′31′′ 90°30′49′′ West Monroe ...... 32°30′51′′ 92°08′13′′ Mount Vernon ...... 38°18′29′′ 88°54′26′′ Maine: Olney ...... 38°43′47′′ 88°05′00′′ Augusta ...... 44°18′53′′ 69°46′29′′ Peoria ...... 40°41′42′′ 89°35′33′′ Bangor ...... 44°48′13′′ 68°46′18′′ Quincy ...... 39°55′59′′ 91°24′12′′ Calais ...... 45°11′04′′ 67°16′43′′ Rockford ...... 42°16′07′′ 89°05′48′′ Orono ...... 44°53′15′′ 68°40′12′′ Rock Island ...... 41°30′40′′ 90°34′24′′ Poland Spring ...... 44°01′42′′ 70°21′40′′ Springfield ...... 39°47′58′′ 89°38′51′′ Portland ...... 43°39′33′′ 70°15′19′′ Urbana ...... 40°06′41′′ 88°13′13′′ Presque Isle ...... 46°40′57′′ 68°00′52′′ Indiana: Maryland: Bloomington ...... 39°09′56′′ 86°31′52′′ Baltimore ...... 39°17′26′′ 76°36′45′′ Elkhart ...... 41°40′56′′ 85°58′15′′ Cumberland ...... 39°39′01′′ 78°45′45′′ Evansville ...... 37°58′20′′ 87°34′21′′ Hagerstown ...... 39°38′39′′ 77°43′15′′ Fort Wayne ...... 41°04′21′′ 85°08′26′′ Salisbury ...... 38°21′56′′ 75°35′56′′ Gary ...... 41°35′59′′ 87°20′07′′ Massachusetts: Hammond ...... 41°35′13′′ 87°27′43′′ Adams ...... 42°37′30′′ 73°07′05′′ Indianapolis ...... 39°46′07′′ 86°09′46′′ Boston ...... 42°21′24′′ 71°03′25′′ Lafayette ...... 40°25′11′′ 86°53′39′′ Cambridge ...... 42°21′58′′ 71°06′24′′ Marion ...... 40°33′17′′ 85°39′49′′ Greenfield ...... 42°35′15′′ 72°35′54′′ Muncie ...... 40°11′28′′ 85°23′16′′ New Bedford ...... 41°38′13′′ 70°55′41′′ Richmond ...... 39°49′49′′ 84°53′26′′ Springfield ...... 42°06′21′′ 72°35′32′′ Roanoke ...... 40°57′50′′ 85°22′30′′ Worcester ...... 42°15′37′′ 71°48′17′′ St. John ...... 41°27′00′′ 87°28′13′′ Michigan: South Bend ...... 41°40′33′′ 86°15′01′′ Allen Park ...... 42°15′12′′ 83°12′57′′ Terre Haute ...... 39°28′03′′ 87°24′26′′ Battle Creek ...... 42°18′58′′ 85°10′48′′ Vincennes ...... 38°40′52′′ 87°31′12′′ Bay City ...... 43°36′04′′ 83°53′15′′ Iowa: Cadillac ...... 44°15′10′′ 85°23′52′′ Ames ...... 42°01′36′′ 93°36′44′′ Cheboygan ...... 45°38′38′′ 84°28′38′′ Cedar Rapids ...... 41°58′48′′ 91°39′48′′ Detroit ...... 42°19′48′′ 83°02′57′′ Davenport ...... 41°31′24′′ 90°34′21′′ Escanaba ...... 45°44′45′′ 87°03′18′′ Des Moines ...... 41°35′14′′ 93°37′00′′ Flint ...... 43°00′50′′ 83°41′33′′ Dubuque ...... 42°29′55′′ 90°40′08′′ Grand Rapids ...... 42°58′03′′ 85°40′13′′ Fort Dodge ...... 42°30′12′′ 94°11′05′′ Jackson ...... 42°14′43′′ 84°24′22′′ Iowa City ...... 41°39′37′′ 91°31′52′′ Kalamazoo ...... 42°17′29′′ 85°35′14′′ Mason City ...... 43°09′15′′ 93°12′00′′ Lansing ...... 42°44′01′′ 84°33′15′′ Sioux City ...... 42°29′46′′ 96°24′30′′ Marquette ...... 46°32′37′′ 87°23′43′′ Waterloo ...... 42°29′40′′ 92°20′20′′ Mount Pleasant ...... 43°16′12′′ 84°46′31′′ Kansas: Muskegon ...... 43°14′17′′ 86°15′02′′ Ensign ...... 37°38′48′′ 100°14′00′′ Onondaga ...... 42°26′41′′ 84°33′43′′ Garden City ...... 37°57′54′′ 100°52′20′′ Saginaw ...... 43°25′52′′ 83°56′05′′ Goodland ...... 39°20′53′′ 101°42′35′′ Sault Ste. Marie ...... 46°29′58′′ 84°20′37′′ Great Bend ...... 38°22′04′′ 98°45′58′′ Traverse City ...... 44°45′47′′ 85°37′25′′ Hays ...... 38°52′16′′ 99°19′57′′ University Center ...... 43°33′31′′ 83°59′09′′ Hutchinson ...... 38°03′11′′ 97°55′20′′ Minnesota: Pittsburg ...... 37°24′50′′ 94°42′11′′ Alexandria ...... 45°53′06′′ 95°22′39′′ Salina ...... 38°50′36′′ 97°36′46′′ Appleton ...... 45°12′00′′ 96°01′02′′ Topeka ...... 39°03′16′′ 95°40′23′′ Austin ...... 43°39′57′′ 92°58′20′′ Wichita ...... 37°41′30′′ 97°20′16′′ Duluth ...... 46°46′56′′ 92°06′24′′ Kentucky: Hibbing ...... 47°25′43′′ 92°56′21′′ Ashland ...... 38°28′36′′ 82°38′23′′ Mankato ...... 44°09′49′′ 94°00′09′′

538

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.53

State and community Latitude Longitude State and community Latitude Longitude

Minneapolis ...... 44°58′57′′ 93°15′43′′ Camden ...... 39°56′45′′ 75°07′20′′ Rochester ...... 44°01′21′′ 92°28′03′′ Glen Ridge ...... 40°48′16′′ 74°12′14′′ St. Cloud ...... 45°33′35′′ 94°09′38′′ Linden ...... 40°37′57′′ 74°15′22′′ St. Paul ...... 44°56′50′′ 93°05′11′′ Newark ...... 40°44′14′′ 74°10′19′′ Walker ...... 47°05′57′′ 94°35′12′′ New Brunswick ...... 40°29′38′′ 74°26′49′′ Mississippi: Paterson ...... 40°54′51′′ 74°09′51′′ Biloxi ...... 30°23′43′′ 88°53′08′′ Trenton ...... 40°13′16′′ 74°45′28′′ Bude ...... 31°27′46′′ 90°50′34′′ Vineland ...... 39°29′13′′ 75°01′17′′ Columbus ...... 33°29′40′′ 88°25′33′′ Wildwood ...... 38°59′18′′ 74°48′43′′ Greenwood ...... 33°31′05′′ 90°10′55′′ New Mexico: Gulfport ...... 30°22′04′′ 89°05′36′′ Albuquerque ...... 35°05′01′′ 106°39′05′′ Jackson ...... 32°17′56′′ 90°11′06′′ Carlsbad ...... 32°25′09′′ 104°13′47′′ Laurel ...... 31°41′40′′ 89°07′48′′ Clovis ...... 34°24′11′′ 103°12′08′′ Meridian ...... 32°21′57′′ 88°42′02′′ Portales ...... 34°10′58′′ 103°20′10′′ Oxford ...... 34°22′00′′ 89°31′07′′ Roswell ...... 33°23′47′′ 104°31′26′′ State College ...... 33°27′18′′ 88°47′13′′ New York: Tupelo ...... 34°15′26′′ 88°42′30′′ Albany ...... 42°39′01′′ 73°45′01′′ Missouri: Binghamton ...... 42°06′03′′ 75°54′47′′ Cape Girardeau ...... 37°18′29′′ 89°31′29′′ Buffalo ...... 42°52′52′′ 78°52′21′′ Columbia ...... 38°57′03′′ 92°19′46′′ Carthage ...... 43°58′50′′ 75°36′26′′ Hannibal ...... 39°42′24′′ 91°22′45′′ Elmira ...... 42°05′26′′ 76°48′22′′ Jefferson City ...... 38°34′40′′ 92°10′24′′ Garden City ...... 40°43′26′′ 73°38′03′′ Joplin ...... 37°05′26′′ 94°30′50′′ Ithaca ...... 42°26′33′′ 76°29′42′′ Kansas City ...... 39°04′56′′ 94°35′20′′ Jamestown ...... 42°05′45′′ 79°14′40′′ Kirksville ...... 40°11′37′′ 92°34′58′′ New York ...... 40°45′06′′ 73°59′39′′ Poplar Bluff ...... 36°45′20′′ 90°23′38′′ North Pole ...... 44°23′59′′ 73°51′00′′ St. Joseph ...... 39°45′57′′ 94°51′02′′ Norwood ...... 44°45′00′′ 75°59′39′′ St. Louis ...... 38°37′45′′ 90°12′22′′ Oneonta ...... 42°27′21′′ 75°03′42′′ Sedalia ...... 38°42′08′′ 93°13′26′′ Patchogue ...... 40°45′56′′ 73°00′42′′ Springfield ...... 37°13′03′′ 93°17′32′′ Plattsburgh ...... 44°42′03′′ 73°27′07′′ Montana: Riverhead ...... 40°55′06′′ 72°39′51′′ Anaconda ...... 46°07′40′′ 112°57′12′′ Rochester ...... 43°09′41′′ 77°36′21′′ Billings ...... 45°47′00′′ 108°30′04′′ Schenectady ...... 42°48′52′′ 73°56′24′′ Butte ...... 46°01′06′′ 112°32′11′′ Syracuse ...... 43°03′04′′ 76°09′14′′ Glendive ...... 47°06′42′′ 104°43′02′′ Utica ...... 43°06′12′′ 75°13′33′′ Great Falls ...... 47°29′33′′ 111°18′23′′ Watertown ...... 43°58′30′′ 75°54′48′′ Helena ...... 46°35′33′′ 112°02′24′′ North Carolina: Kalispell ...... 48°11′45′′ 114°18′44′′ Asheville ...... 35°35′42′′ 82°33′26′′ Miles City ...... 46°24′34′′ 105°50′30′′ Chapel Hill ...... 35°54′51′′ 79°03′11′′ Missoula ...... 46°52′23′′ 113°59′29′′ Charlotte ...... 35°13′44′′ 80°50′45′′ Nebraska: Columbia ...... 35°55′06′′ 76°15′04′′ Albion ...... 41°41′23′′ 97°59′53′′ Concord ...... 35°24′29′′ 80°34′45′′ Alliance ...... 42°06′04′′ 102°52′08′′ Durham ...... 35°59′48′′ 78°54′00′′ Bassett ...... 42°35′00′′ 99°32′10′′ Fayetteville ...... 35°03′12′′ 78°52′54′′ Grand Island ...... 40°55′33′′ 98°20′23′′ Greensboro ...... 36°04′17′′ 79°47′25′′ Hastings ...... 40°35′21′′ 98°23′20′′ Greenville ...... 35°36′49′′ 77°22′22′′ Hayes Center ...... 40°30′36′′ 101°01′18′′ Hickory ...... 35°43′54′′ 81°20′20′′ Hay Springs ...... 42°41′03′′ 102°41′22′′ High Point ...... 35°57′14′′ 80°00′15′′ Kearney ...... 40°41′58′′ 99°04′53′′ Jacksonville ...... 34°45′00′′ 77°25′54′′ Lexington ...... 40°46′30′′ 99°44′41′′ Linville ...... 36°04′06′′ 81°52′16′′ Lincoln ...... 40°48′59′′ 96°42′15′′ New Bern ...... 35°06′33′′ 77°02′23′′ McCook ...... 40°12′02′′ 100°37′32′′ Raleigh ...... 35°46′38′′ 78°38′21′′ Merriman ...... 42°55′07′′ 101°42′02′′ Washington ...... 35°32′35′′ 77°03′16′′ Norfolk ...... 42°01′56′′ 97°24′42′′ Wilmington ...... 34°14′14′′ 77°56′58′′ North Platte ...... 41°08′14′′ 100°45′43′′ Winston-Salem ...... 36°05′52′′ 80°14′42′′ Omaha ...... 41°15′42′′ 95°56′14′′ North Dakota: Scottsbluff ...... 41°51′40′′ 103°39′00′′ Bismark ...... 46°48′23′′ 100°47′17′′ Superior ...... 40°01′12′′ 98°04′00′′ Devils Lake ...... 48°06′42′′ 98°51′29′′ Nevada: Dickinson ...... 46°52′55′′ 102°47′06′′ Elko ...... 40°50′00′′ 115°45′41′′ Fargo ...... 46°52′30′′ 96°47′18′′ Henderson ...... 36°02′00′′ 114°58′57′′ Minot ...... 48°14′09′′ 101°17′38′′ Las Vegas ...... 36°10′20′′ 115°08′37′′ Pembina ...... 48°58′00′′ 97°14′37′′ Reno ...... 39°31′27′′ 119°48′40′′ Valley City ...... 46°55′31′′ 98°00′04′′ New Hampshire: Williston ...... 48°08′47′′ 103°36′59′′ Berlin ...... 44°28′20′′ 71°10′43′′ Ohio: Durham ...... 43°08′02′′ 70°55′35′′ Akron ...... 41°05′00′′ 81°30′44′′ Hanover ...... 43°42′03′′ 72°17′24′′ Athens ...... 39°19′38′′ 82°06′09′′ Keene ...... 42°56′02′′ 72°16′44′′ Bowling Green ...... 41°22′37′′ 83°39′03′′ Lebanon ...... 43°38′34′′ 72°15′12′′ Canton ...... 40°47′50′′ 81°22′37′′ Littleton ...... 44°18′22′′ 71°46′13′′ Cincinnati ...... 39°06′07′′ 84°30′35′′ Manchester ...... 42°59′28′′ 71°27′41′′ Cleveland ...... 41°29′51′′ 81°41′50′′ New Jersey: Columbus ...... 39°57′47′′ 83°00′17′′ Atlantic City ...... 39°21′32′′ 74°25′53′′ Dayton ...... 39°45′32′′ 84°11′43′′ Burlington ...... 40°04′21′′ 74°51′47′′ Kettering ...... 39°41′22′′ 84°10′07′′

539

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00539 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.53 47 CFR Ch. I (10–1–99 Edition)

State and community Latitude Longitude State and community Latitude Longitude

Lima ...... 40°44′29′′ 84°06′34′′ Jackson ...... 35°36′48′′ 88°49′15′′ Lorain ...... 41°27′48′′ 82°10′23′′ Johnson City ...... 36°19′04′′ 82°20′56′′ Marion ...... 40°35′14′′ 83°07′36′′ Kingsport ...... 36°32′57′′ 82°33′44′′ Newark ...... 40°03′35′′ 82°24′15′′ Knoxville ...... 35°57′39′′ 83°55′07′′ Oxford ...... 39°30′28′′ 84°44′26′′ Lexington ...... 35°38′58′′ 88°23′31′′ Portsmouth ...... 38°44′06′′ 82°59′39′′ Memphis ...... 35°08′46′′ 90°03′13′′ Springfield ...... 39°55′38′′ 83°48′29′′ Nashville ...... 36°09′33′′ 86°46′55′′ Steubenville ...... 40°21′42′′ 80°36′53′′ Sneedville ...... 36°31′46′′ 83°13′04′′ Toledo ...... 41°39′14′′ 83°32′39′′ Texas: Youngstown ...... 41°05′57′′ 80°39′02′′ Abilene ...... 32°27′05′′ 99°43′51′′ Zanesville ...... 39°56′59′′ 82°00′56′′ Amarillo ...... 35°12′27′′ 101°50′04′′ Oklahoma: Austin ...... 30°16′09′′ 97°44′37′′ Ada ...... 34°46′24′′ 96°40′36′′ Beaumont ...... 30°05′20′′ 94°06′09′′ Ardmore ...... 34°10′18′′ 97°07′50′′ Belton ...... 31°03′31′′ 97°27′39′′ Lawton ...... 34°36′27′′ 98°23′41′′ Big Spring ...... 32°15′03′′ 101°28′38′′ Oklahoma City ...... 35°28′26′′ 97°31′04′′ Bryan ...... 30°38′48′′ 96°21′31′′ Sayre ...... 35°17′34′′ 99°38′23′′ College Station ...... 30°37′05′′ 96°20′41′′ Tulsa ...... 36°09′12′′ 95°59′34′′ Corpus Christi ...... 27°47′51′′ 97°23′45′′ Oregon: Dallas ...... 32°47′09′′ 96°47′37′′ ° ′ ′′ ° ′ ′′ Coos Bay ...... 43 22 02 124 13 09 El Paso ...... 31°45′36′′ 106°29′11′′ ° ′ ′′ ° ′ ′′ Corvallis ...... 44 34 10 123 16 12 Fort Worth ...... 32°44′55′′ 97°19′44′′ ° ′ ′′ ° ′ ′′ Eugene ...... 44 03 16 123 05 30 Galveston ...... 29°18′10′′ 94°47′43′′ ° ′ ′′ ° ′ ′′ Klamath Falls ...... 42 13 32 121 46 32 Harlingen ...... 26°11′29′′ 97°41′35′′ ° ′ ′′ ° ′ ′′ La Grande ...... 45 19 47 118 05 45 Houston ...... 29°45′26′′ 95°21′37′′ ° ′ ′′ ° ′ ′′ Medford ...... 42 19 33 122 52 31 Laredo ...... 27°30′22′′ 99°30′30′′ ° ′ ′′ ° ′ ′′ Portland ...... 45 31 06 122 40 35 Longview ...... 32°28′24′′ 94°43′45′′ ° ′ ′′ ° ′ ′′ Roseburg ...... 43 12 34 123 20 26 Lubbock ...... 33°35′05′′ 101°50′33′′ ° ′ ′′ ° ′ ′′ Salem ...... 44 56 21 123 01 59 Lufkin ...... 31°20′14′′ 94°43′21′′ Pennsylvania: Midland ...... 31°59′54′′ 102°04′31′′ ° ′ ′′ ° ′ ′′ Allentown ...... 40 36 11 75 28 06 Monahans ...... 31°35′16′′ 102°53′26′′ ° ′ ′′ ° ′ ′′ Altoona ...... 40 30 55 78 24 03 Nacogdoches ...... 31°36′13′′ 94°39′20′′ Bethlehem ...... 40°37′57′′ 75°21′36′′ ° ′ ′′ ° ′ ′′ ° ′ ′′ ° ′ ′′ Odessa ...... 31 50 49 102 22 01 Clearfield ...... 41 01 20 78 26 10 Port Arthur ...... 29°52′09′′ 93°56′01′′ Erie ...... 42°07′15′′ 80°04′57′′ ° ′ ′′ ° ′ ′′ ° ′ ′′ ° ′ ′′ Richardson ...... 32 57 06 96 44 05 Harrisburg ...... 40 15 43 76 52 59 Rosenberg ...... 29°33′30′′ 95°48′15′′ Hershey ...... 40°17′04′′ 76°39′01′′ San Angelo ...... 31°27′39′′ 100°26′03′′ Johnstown ...... 40°19′35′′ 78°55′03′′ San Antonio ...... 29°25′37′′ 98°29′06′′ Lancaster ...... 40°02′25′′ 76°18′29′′ Sweetwater ...... 32°28′24′′ 100°24′18′′ Philadelphia ...... 39°56′58′′ 75°09′21′′ Temple ...... 31°06′02′′ 97°20′22′′ Pittsburgh ...... 40°26′19′′ 80°00′00′′ Texarkana ...... 33°25′29′′ 94°02′34′′ Reading ...... 40°20′09′′ 75°55′40′′ Tyler ...... 32°21′21′′ 95°17′52′′ Scranton ...... 41°24′32′′ 75°39′46′′ Victoria ...... 28°48′01′′ 97°00′06′′ Wilkes-Barre ...... 41°14′32′′ 75°53′17′′ Waco ...... 31°33′12′′ 97°08′00′′ York ...... 39°57′35′′ 76°43′36′′ Weslaco ...... 26°09′24′′ 97°59′33′′ Puerto Rico: ° ′ ′′ ° ′ ′′ Aguadilla ...... 18°25′53′′ 67°09′18′′ Wichita Falls ...... 33 54 34 98 29 28 ° ′ ′′ ° ′ ′′ Utah: Arecibo ...... 18 28 26 66 43 39 ° ′ ′′ ° ′ ′′ Caguas ...... 18°13′59′′ 66°02′06′′ Logan ...... 41 44 03 111 50 11 ° ′ ′′ ° ′ ′′ Fajardo ...... 18°19′35′′ 65°39′21′′ Ogden ...... 41 13 31 111 58 21 ° ′ ′′ ° ′ ′′ Mayaguez ...... 18°12′16′′ 67°08′36′′ Provo ...... 40 14 07 111 39 34 ° ′ ′′ ° ′ ′′ Ponce ...... 18°00′51′′ 66°36′58′′ Salt Lake City ...... 40 45 23 111 53 26 San Juan ...... 18°26′55′′ 66°03′55′′ Vermont: ° ′ ′′ ° ′ ′′ Rhode Island: Burlington ...... 44 28 34 73 12 46 ° ′ ′′ ° ′ ′′ Providence ...... 41°49′32′′ 71°24′41′′ Rutland ...... 43 36 29 72 58 56 ° ′ ′′ ° ′ ′′ South Carolina: St. Johnsbury ...... 44 25 16 72 01 13 ° ′ ′′ ° ′ ′′ Allendale ...... 33°00′30′′ 81°18′26′′ Windsor ...... 43 28 38 72 23 32 Anderson ...... 34°30′06′′ 82°38′54′′ Virginia: Charleston ...... 32°46′35′′ 79°55′53′′ Bristol ...... 36°35′48′′ 82°11′04′′ Columbia ...... 34°00′02′′ 81°02′00′′ Charlottesville ...... 38°01′52′′ 78°28′50′′ Florence ...... 34°11′49′′ 79°46′06′′ Goldvein ...... 38°26′54′′ 77°39′19′′ Greenville ...... 34°50′50′′ 82°24′01′′ Hampton ...... 37°01′32′′ 76°20′32′′ Spartanburg ...... 34°57′03′′ 81°56′06′′ Harrisonburg ...... 38°27′01′′ 78°52′07′′ South Dakota: Lynchburg ...... 37°24′51′′ 79°08′37′′ Aberdeen ...... 45°27′31′′ 98°29′03′′ Norfolk ...... 36°51′10′′ 76°17′21′′ Brookings ...... 44°18′38′′ 96°47′53′′ Norton ...... 36°56′05′′ 82°37′31′′ Florence ...... 45°03′14′′ 97°19′35′′ Petersburg ...... 37°13′40′′ 77°24′15′′ Lead ...... 44°21′07′′ 103°46′03′′ Portsmouth ...... 36°50′12′′ 76°17′54′′ Mitchell ...... 43°42′48′′ 98°01′36′′ Richmond ...... 37°32′15′′ 77°26′09′′ Pierre ...... 44°22′06′′ 100°20′57′′ Roanoke ...... 37°16′13′′ 79°56′44′′ Rapid City ...... 44°04′52′′ 103°13′11′′ Staunton ...... 38°09′02′′ 79°04′34′′ Reliance ...... 43°52′45′′ 99°36′18′′ Virgin Islands: Sioux Falls ...... 43°32′35′′ 96°43′35′′ Charlotte Amalie ...... 18°20′36′′ 64°55′53′′ Vermillion ...... 42°46′52′′ 96°55′35′′ Christiansted ...... 17°44′44′′ 64°42′21′′ Tennessee: Washington: Chattanooga ...... 35°02′41′′ 85°18′32′′ Bellingham ...... 48°45′02′′ 122°28′36′′

540

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00540 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.54

State and community Latitude Longitude tember. If two surveys are taken, they shall include samples sufficient to as- Kennewick ...... 46°12′28′′ 119°08′32′′ Lakewood Center ...... 47°07′37′′ 122°31′15′′ sure that the combined surveys result Pasco ...... 46°13′50′′ 119°05′27′′ in an average figure at least one stand- Pullman ...... 46°43′42′′ 117°10′46′′ ard error above the required viewing Richland ...... 46°16′36′′ 119°16′21′′ Seattle ...... 47°36′32′′ 122°20′12′′ level. If surveys are taken for more Spokane ...... 47°39′32′′ 117°25′33′′ than 2-weekly periods in any 12 Tacoma ...... 47°14′59′′ 122°26′15′′ months, all such surveys must result in Yakima ...... 46°36′09′′ 120°30′39′′ West Virginia: an average figure at least one standard Bluefield ...... 37°15′29′′ 81°13′20′′ error above the required viewing level. ° ′ ′′ ° ′ ′′ Charleston ...... 38 21 01 81 37 52 If a cable television system serves Clarksburg ...... 39°16′50′′ 80°20′38′′ Grandview ...... 37°49′28′′ 81°04′20′′ more than one community, a single Huntington ...... 38°25′12′′ 82°26′33′′ survey may be taken, provided that the Morgantown ...... 39°37′41′′ 79°57′28′′ Oak Hill ...... 37°58′31′′ 81°08′45′′ sample includes non-cable television Parkersburg ...... 39°15′57′′ 81°33′46′′ homes from each community that are Weston ...... 39°02′19′′ 80°28′05′′ proportional to the population. Wheeling ...... 40°04′03′′ 80°43′20′′ Wisconsin: (c) Notice of a survey to be made pur- Eau Claire ...... 44°48′31′′ 91°29′49′′ suant to paragraph (b) of this section Fond Du Lac ...... 43°46′35′′ 88°26′52′′ shall be served on all licensees or per- Green Bay ...... 44°30′48′′ 88°00′50′′ Janesville ...... 42°40′52′′ 89°01′39′′ mittees of television broadcast stations Kenosha ...... 42°35′04′′ 87°49′14′′ within whose predicted Grade B con- La Crosse ...... 43°48′48′′ 91°15′02′′ tour the cable community or commu- Madison ...... 43°04′23′′ 89°22′55′′ Milwaukee ...... 43°02′19′′ 87°54′15′′ nities are located, in whole or in part, Rhinelander ...... 45°38′09′′ 89°24′50′′ and on all other system community Superior ...... 46°43′14′′ 92°06′07′′ units, franchisees, and franchise appli- Wausau ...... 44°57′30′′ 89°37′40′′ Wyoming: cants in the cable community or com- Casper ...... 42°51′00′′ 106°19′22′′ munities at least (30) days prior to the Cheyenne ...... 41°08′09′′ 104°49′07′′ initial survey period. Furthermore, if a Rawlins ...... 41°47′23′′ 107°14′37′′ Riverton ...... 43°01′29′′ 108°23′03′′ survey is undertaken pursuant to the provisions of § 76.33(a)(2)(i) of the rules, [37 FR 3278, Feb. 12, 1972, as amended at 37 notice shall also be served on the fran- FR 13866, July 14, 1972; 51 FR 18451, May 20, chising authority. Such notice shall in- 1986; 51 FR 44608, Dec. 11, 1986; 54 FR 25716, clude the name of the survey organiza- June 19, 1989; 56 FR 49707, Oct. 1, 1991] tion and a description of the procedures to be used. Objections to survey § 76.54 Significantly viewed signals; organizations or procedures shall be method to be followed for special showings. served on the party sponsoring the survey within twenty (20) days after re- (a) Signals that are significantly ceipt of such notice. viewed in a county (and thus are (d) Signals of television broadcast deemed to be significantly viewed stations not encompassed by the sur- within all communities within the veys (for the periods May 1970, Novem- county) are those that are listed in Ap- pendix A of the memorandum opinion ber 1970 and February/March 1971) used and order on reconsideration of the in establishing appendix B of the Memo- Cable Television Report and Order randum Opinion and Order on Reconsid- (Docket 18397 et al.), FCC 72–530. eration of Cable Television Report and (b) Significant viewing in a cable tel- Order, FCC 72–530, 36 FCC 2d 326 (1972), evision community for signals not may be demonstrated as significantly shown as significantly viewed under viewed on a county-wide basis by inde- paragraph (a) or (d) of this section may pendent professional audience surveys be demonstrated by an independent which cover three separate, consecu- professional audience survey of non- tive four-week periods and are other- cable television homes that covers at wise comparable to the surveys used in least two weekly periods separated by compiling the above-referenced appen- at least thirty (30) days but no more dix B: Provided, however, That such than one of which shall be a week be- demonstration shall be based upon au- tween the months of April and Sep- dience survey data for the first three

541

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00541 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.55 47 CFR Ch. I (10–1–99 Edition)

years of the subject station’s broadcast fied local NCE television station is a operations. qualified NCE television station: [37 FR 3278, Feb. 12, 1972, as amended at 37 (1) That is licensed to a community FR 13866, July 14, 1972; 40 FR 48930, Oct. 20, whose reference point, as defined in 1975; 41 FR 32429, Aug. 3, 1976; 42 FR 19346, § 76.53 is within 80.45 km (50 miles) of Apr. 13, 1977; 53 FR 17051, May 13, 1988; 56 FR the principal headend, as defined in 33392, July 22, 1991] § 76.5(pp), of the cable system; or (2) Whose Grade B service contour en- § 76.55 Definitions applicable to the must-carry rules. compasses the principal headend, as defined in § 76.5(pp), of the cable system. For purposes of the must-carry rules (3) Notwithstanding the provisions of set forth in this subpart, the following this section, a cable operator shall not definitions apply: be required to add the signal of a quali- (a) Qualified noncommercial edu- fied local noncommercial educational cational (NCE) television station. A quali- television station not already carried fied NCE television station is any tele- under the provision of § 76.56(a)(5), vision broadcast station which where such signal would be considered (1)(i) Under the rules and regulations of the Commission in effect on March a distant signal for copyright purposes 29, 1990, is licensed by the Commission unless such station agrees to indemnify as an NCE television broadcast station the cable operator for any increased and which is owned and operated by a copyright liability resulting from car- public agency, nonprofit foundation, riage of such signal on the cable sys- corporation, or association; and tem. (ii) Has as its licensee an entity (c) Local commercial television station. which is eligible to receive a commu- A local commercial television station nity service grant, or any successor is any full power television broadcast grant thereto, from the Corporation for station, other than a qualified NCE tel- Public Broadcasting, or any successor evision station as defined in paragraph organization thereto, on the basis of (a) of this section, licensed and oper- the formula set forth in section ating on a channel regularly assigned 396(k)(6)(B) of the Communications Act to its community by the Commission of 1934, as amended; or that, with respect to a particular cable (2) Is owned and operated by a mu- system, is within the same television nicipality and transmits noncommer- market, as defined below in paragraph cial programs for educational programs (e) of this section, as the cable system, for educational purposes, as defined in except that the term local commercial § 73.621 of this chapter, for at least 50 television station does not include: percent of its broadcast week. (1) Low power television stations, tel- (3) This definition includes: evision translator stations, and passive (i) The translator of any NCE tele- repeaters with operate pursuant to vision station with five watts or higher part 74 of this chapter. power serving the franchise area, (2) A television broadcast station (ii) A full-service station or trans- that would be considered a distant sig- lator if such station or translator is li- nal under the capable compulsory censed to a channel reserved for NCE copyright license, 17 U.S.C. 111, if such use pursuant to § 73.606 of this chapter, station does not agree to indemnify the or any successor regulations thereto, cable operator for any increased copy- and right liability resulting from carriage (iii) Such stations and translators op- on the cable system; or erating on channels not so reserved but (3) A television broadcast station otherwise qualified as NCE stations. that does not deliver to the principal NOTE TO PARAGRAPH (a): For the purposes headend, as defined in § 76.5(pp), of a of § 76.55(a), ‘‘serving the franchise area’’ will cable system either a signal level of be based on the predicted protected contour ¥45dBm for UHF signals or ¥49dBm of the NCE translator. for VHF signals at the input terminals (b) Qualified local noncommercial edu- of the signal processing equipment, i.e., cational (NCE) television station. A quali- the input to the first active component

542

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00542 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.55

of the signal processing equipment rel- (6) There is no full power television evant to the signal at issue, if such sta- broadcast station licensed to any com- tion does not agree to be responsible munity within the county or other for the costs of delivering to the cable equivalent political subdivision (of a system a signal of good quality or a State) served by the cable system.

baseband video signal. NOTE TO PARAGRAPH (d): For the purposes (d) Qualified low power station. A of this section, a good quality signal shall qualified low power station is any tele- mean a signal level of either -45 dBm for vision broadcast station conforming to UHF signals or -49 dBm for VHF signals at the low power television rules con- the input terminals of the signal processing tained in part 74 of this chapter, only equipment, or a baseband video signal. if: (e) Television market. (1) Until Janu- (1) Such station broadcasts for at ary 1, 2000, a commercial broadcast tel- least the minimum number of hours of evision station’s market, unless operation required by the Commission amended pursuant to § 76.59, shall be for full power television broadcast sta- defined as its Area of Dominant Influ- tions under part 73 of this chapter; ence (ADI) as determined by Arbitron (2) Such station meets all obligations and published in the Arbitron 1991–1992 and requirements applicable to full Television ADI Market Guide, as noted power television broadcast stations below, except that for areas outside the under part 73 of this chapter, with re- contiguous 48 states, the market of a spect to the broadcast of nonentertain- station shall be defined using Nielsen’s ment programming; programming and Designated Market Area (DMA), where rates involving political candidates, applicable, as published in the Nielsen election issues, controversial issues of 1991–92 DMA Market and Demographic public importance, editorials, and per- Rank Report, and that Puerto Rico, sonal attacks; programming for chil- the U.S. Virgin Islands, and Guam will dren; and equal employment oppor- each be considered a single market. (2) Effective January 1, 2000, a com- tunity; and the Commission determines mercial broadcast television station’s that the provision of such program- market, unless amended pursuant to ming by such station would address § 76.59, shall be defined as its Des- local news and informational needs ignated Market Area (DMA) as deter- which are not being adequately served mined by Nielsen Media Research and by full power television broadcast sta- published in its Nielsen Station Index tions because of the geographic dis- Directory and Nielsen Station Index tance of such full power stations from US Television Household Estimates or the low power station’s community of any successor publications. license; (i) For the 1999 election pursuant to (3) Such station complies with inter- § 76.64(f), which becomes effective on ference regulations consistent with its January 1, 2000, DMA assignments secondary status pursuant to part 74 of specified in the 1997–98 Nielsen Station this chapter; Index Directory and September 1997 (4) Such station is located no more Nielsen Station Index US Television than 56.32 km (35 miles) from the cable Household Estimates, available from system’s principal headend, as defined Nielsen Media Research, 299 Park Ave- in § 76.5(pp), and delivers to that nue, New York, NY, shall be used. headend an over-the-air signal of good (ii) The applicable DMA list for the quality; 2002 election pursuant to § 76.64(f) will (5) The community of license of such be the DMA assignments specified in station and the franchise area of the the 2000–2001 list, and so forth for each cable system are both located outside triennial election pursuant to § 76.64(f). of the largest 160 Metropolitan Statis- (3) In addition, the county in which a tical Areas, ranked by population, as station’s community of license is lo- determined by the Office of Manage- cated will be considered within its ment and Budget on June 30, 1990, and market. the population of such community of (4) A cable system’s television mar- license on such date did not exceed ket(s) shall be the one or more ADI 35,000; and markets in which the communities it

543

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00543 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.56 47 CFR Ch. I (10–1–99 Edition)

serves are located until January 1, 2000, (i) Systems with 12 or fewer usable and the one or more DMA markets in activated channels, as defined in which the communities it serves are lo- § 76.6(oo), shall be required to carry the cated thereafter. signal of one such station; (5) In the absence of any mandatory (ii) Systems with 13 to 36 usable acti- carriage complaint or market modi- vated channels, as defined in § 76.5(oo), fication petition, cable operators in shall be required to carry at least one communities that shift from one mar- qualified local NCE station, but not ket to another, due to the change in more than three such stations; and 1999–2000 from ADI to DMA, will be permitted to treat their systems as either (iii) Systems with more than 36 usa- in the new DMA market, or with re- ble activated channels shall be respect to the specific stations carried quired to carry the signals of all quali- prior to the market change from ADI fied local NCE television stations re- to DMA, as in both the old ADI market questing carriage, but in any event at and the new DMA market. least three such signals; however a (6) If the change from the ADI mar- cable system with more than 36 chan- ket definition to the DMA market defi- nels shall not be required to carry an nition in 1999–2000 results in the filing additional qualified local NCE station of a mandatory carriage complaint, whose programming substantially du- any affected party may respond to that plicates the programming of another complaint by filing a market modifica- qualified local NCE station being car- tion request pursuant to § 76.59, and ried on the system. these two actions may be jointly decided by the Commission. NOTE: For purposes of this paragraph, a station will be deemed to ‘‘substantially du- NOTE TO PARAGRAPH (e): For the 1996 must- plicate’’ the programming of another station carry/retransimission consent election, the if it broadcasts the same programming, si- ADI assignments specified in the 1991–1992 multaneous or non-simultaneous, for more Television ADI Market Guide, available from than 50 percent of prime time, as defined in the Arbitron Ratings Co., 9705 Patuxent Woods Drive, Columbia, MD, will apply. For § 76.5(n), and more than 50 percent outside of the 1999 election, which becomes effective on prime time over a three-month period. January 1, 2000, DMA assignments specified (2)(i) In the case of a cable system in the 1997–98 DMA Market and Demographic Rank Report, available from Nielsen Media with 12 or fewer channels that operates Research, 299 Park Avenue, New York, NY, beyond the presence of any qualified shall be used. The applicable DMA list for local NCE stations, the cable operator the 2002 election will be the 2000–2001 list, shall import one qualified NCE tele- etc. vision station. (f) Network. For purposes of the must- (ii) A cable system with between 13 carry rules, a commercial television and 36 channels that operates beyond network is an entity that offers pro- the presence of any qualified local NCE gramming on a regular basis for 15 or stations, the cable operator shall im- more hours per week to at least 25 af- port at least one qualified NCE tele- filiates in 10 or more states. vision station. [58 FR 17359, Apr. 2, 1993, as amended at 58 (3) A cable system with 12 or fewer FR 44951, Aug. 25, 1993; 59 FR 62344, Dec. 5, usable activated channels shall not be 1994; 61 FR 29313, June 10, 1996; 64 FR 42617, required to remove any programming Aug. 5, 1999] service provided to subscribers as of § 76.56 Signal carriage obligations. March 29, 1990, to satisfy these requirements, except that the first available (a) Carriage of qualified noncommercial channel must be used to satisfy these educational stations. A cable television requirements. system shall carry qualified NCE television stations in accordance with the (4) A cable system with 13 to 36 usa- following provisions: ble activated channels which carries (1) Each cable operator shall carry on the signal of a qualified local NCE sta- its cable television system any quali- tion affiliated with a State public tele- fied local NCE television station revision network shall not be required to questing carriage, except that carry more than one qualified local

544

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.56

NCE station affiliated with such net- shall carry two qualified low power sta- work, if the programming of such additions. tional stations substantially dupli- (4) Whenever the number of local cates, as defined in the note in para- commercial television stations exceeds graph (a)(1) of this section, the pro- the maximum number of signals a gramming of a qualified local NCE tel- cable system is required to carry under evision station receiving carriage. paragraph (b)(1) or (b)(2) of this sec- (5) Notwithstanding the requirements tion, the cable operator shall have dis- of paragraph (a)(1) of this section, all cretion in selecting which such sta- cable operators shall continue to pro- tions shall be carried on its cable sys- vide carriage to all qualified local NCE tem, except that television stations whose signals were (i) Under no circumstances shall a carried on their systems as of March cable operator carry a qualified low 29, 1990. In the case of a cable system power station in lieu of a local com- that is required to import a distance mercial television station; and qualified NCE signal, and such system (ii) If the cable operator elects to imported the signal of a qualified NCE carry an affiliate of a broadcast net- station as of March 29, 1990, such cable work, as defined in § 76.55(f), such cable system shall continue to import such operator shall carry the affiliate of signal until such time as a qualified such broadcast network whose commu- local NCE signal is available to the nity of license reference point, as de- cable system. This requirements may fined in § 76.53, is closest to the prin- be waived with respect to a particular cipal headend, as defined in § 76.5(pp), cable operator and a particular NCE of the cable system. station, upon the written consent of (5) A cable operator is not required to the cable operator and the station. carry the signal of any local commer- (b) Carriage of local commercial tele- cial television station that substan- vision stations. Effective June 2, 1993, a tially duplicates the signal of another cable television system shall carry local commercial television station local commercial broadcast television that is carried on its cable system, or stations in accordance with the fol- to carry the signals of more than one lowing provisions: local commercial television station af- (1) A cable system with 12 or fewer filiated with a particular broadcast usable activated channels, as defined in network, as defined in § 76.55(f). How- § 76.5(oo), shall carry the signals of at ever, if a cable operator declines to least three qualified local commercial carry duplicating signals, such cable television stations, except that if such operator shall carry the station whose system serves 300 or fewer subscribers community of license reference point, it shall not be subject to these require- as defined in § 76.53, is closest to the ments as long as it does not delete principal headend of the cable system. from carriage the signal of a broadcast For purposes of this paragraph, sub- television station which was carried on stantially duplicates means that a sta- that system on October 5, 1992. tion regularly simultaneously broad- (2) A cable system with more than 12 casts the identical programming as an- usable activated channels, as defined in other station for more than 50 percent § 76.5(oo), shall carry local commercial of the broadcast week. For purposes of television stations up to one-third of this definition, only identical episodes the aggregate number of usable acti- of a television series are considered du- vated channels of such system. plicative and commercial inserts are (3) If there are not enough local com- excluded from the comparison. When mercial television stations to fill the the stations being compared are li- channels set aside under paragraphs censed to communities in different (b)(1) and (b)(2) of this section, a cable time zones, programming aired by a operator of a system with 35 or fewer station within one hour of the identical usable activated channels, as defined in program being broadcast by another § 76.5(oo), shall, if such stations exist, station will be considered duplicative. carry one qualified low power tele- (6) [Removed] vision station and a cable system with (7) A local commercial television sta- more than 35 usable activated channels tion carried to fulfill the requirements

545

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00545 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.57 47 CFR Ch. I (10–1–99 Edition)

of this paragraph, which subsequently connection and instructions for instal- elects retransmission consent pursuant lation. to § 76.64, shall continue to be carried (e) Identification of must-carry signals. by the cable system until the effective A cable operator shall respond in writ- date of such retransmission consent ing within 30 days to any written re- election. quest by any person for the identifica- (c) Use of public, educational, or gov- tion of the signals carried on its sys- ernmental (PEG) channels. A cable oper- tem in fulfillment of the requirements ator required to carry more than one of this section. Pursuant to § 76.302, a signal of a qualified low power station cable operator must place a list of the or to add qualified local NCE stations broadcast television signals carried in in fulfillment of these must-carry obli- fulfillment of these must-carry obliga- gations may do so, subject to approval tions in its public file. by the franchising authority pursuant (f) Carriage of additional broadcast to Section 611 of the Communications television signals on such system shall Act of 1934, as amended, by placing be at the discretion of the cable oper- such additional station on public, edu- ator, subject to the retransmission cational, or governmental channels not consent rules, § 76.64. A cable system in use for their designated purposes. may also carry any ancillary service (d) Availability of signals. (1) Local transmission on the vertical blanking commercial television stations carried interval or the aural baseband of any in fulfillment of the requirements of television broadcast signal, including, this section shall be provided to every but not limited to, multichannel tele- subscriber of a cable system. Such sig- vision sound and teletext. nals shall be viewable via cable on all television receivers of a subscriber [58 FR 17360, Apr. 2, 1993, as amended at 58 which are connected to a cable system FR 39161, July 22, 1993; 58 FR 40368, July 28, 1993; 59 FR 62344, Dec. 5, 1994] by a cable operator or for which a cable operator provides a connection. § 76.57 Channel positioning. (2) Qualified local NCE television stations carried in fulfillment of the car- (a) At the election of the licensee of riage obligations of a cable operator a local commercial broadcast tele- under this section shall be available to vision station, and for the purpose of every subscriber as part of the cable this section, a qualified low power tele- system’s lowest priced service tier that vision station, carried in fulfillment of includes the retransmission of local the must-carry obligations, a cable op- commercial television broadcast sig- erator shall carry such signal on the nals. cable system channel number on which (3) If a cable operator authorizes sub- the local commercial television station scribers to install additional receiver is broadcast over the air, or on the connections, but does not provide the channel on which it was carried on subscriber with such connections, or July 19, 1985, or on the channel on with the equipment and materials for which it was carried on January 1, 1992. such connections, the operator shall (b) At the election of the licensee of notify such subscribers of all broadcast a qualified local NCE broadcast tele- stations carried on the cable system vision station carried in fulfillment of which cannot be viewed via cable with- the must-carry obligations, a cable op- out a converter box and shall offer to erator shall carry such signal on the sell or lease such a converter box to cable system channel number on which such subscribers. Such notification the qualified NCE television station is must be provided by June 2, 1993, and broadcast over the air, or on the chan- annually thereafter and to each new nel on which it was carried on July 19, subscriber upon initial installation. 1985. The notice, which may be included in (c) Any signal carried in fulfillment routine billing statements, shall iden- of the must-carry obligations may be tify the signals that are unavailable carried on such other channel number without an additional connection, the as is mutually agreed upon by the sta- manner for obtaining such additional tion and the cable operator.

546

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00546 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.59

(d) At the time a local commercial this purpose, such periods are the four na- station elects must-carry status pursu- tional four-week ratings periods—generally ant to § 76.64, such station shall notify including February, May, July and Novem- the cable system of its choice of chan- ber—commonly known as audience sweeps. nel position as specified in paragraphs (b) By May 3, 1993, a cable operator (a)–(c) of this section. A qualified NCE must notify all qualified NCE stations stations shall notify the cable system of its designated principal headend by of its choice of channel position when certified mail. it requests carriage. Channel posi- (c) A cable operator shall provide tioning requests from local commercial written notice by certified mail to all stations shall be fulfilled by the cable stations carried on its system pursuant operator no later than October 6, 1993. to the must-carry rules at least 60 days NOTE: Any existing agreement for channel prior to any change in the designation position between a local commercial station of its principal headend, and shall in- entitled to must-carry status and a cable op- clude the new designation in its public erator entered into prior to June 26, 1990, file. may continue through the expiration of such (d) By May 3, 1993, a cable operator agreement. must notify all local commercial and (e) Pursuant to § 76.64(f)(3), a local NCE stations that may not be entitled commercial broadcast television sta- to carriage because they either tion that fails to make an election is (1) Fail to meet the standards for de- deemed a must-carry station. A cable livery of a good quality signal to the operator shall carry such a television cable system’s principal headend or station on the cable system channel (2) May cause an increased copyright number on which the local commercial liability to the cable system. television station is broadcast over the (e) By June 2, 1993, a cable operator air, or on the channel on which it was must send by certified mail a copy of a carried on July 19, 1985, or on the chan- list of all broadcast television stations nel on which it was carried on January carried by its system and their channel 1, 1992. In the event that none of these positions to all local commercial and specified channel positions is available noncommercial television stations, in- due to a channel positioning request cluding those not designated as must- from a commercial television station carry stations and those not carried on affirmatively asserting its must-carry the system. rights or such a request from a qualified local noncommercial educational [58 FR 17361, Apr. 2, 1993] station, the cable operator shall place the signal of such a television station § 76.59 Modification of television mar- on a channel of the cable system’s kets. choice, so long as that channel is in- (a) The Commission, following a writ- cluded on the basic service tier. ten request from a broadcast station or [58 FR 17361, Apr. 2, 1993, as amended at 58 a cable system, may deem that the tel- FR 40368, July 28, 1993; 59 FR 62345, Dec. 5, evision market of a particular commer- 1994] cial television broadcast station should include additional communities within § 76.58 Notification. its television market or exclude com- (a) Effective April 2, 1993, a cable op- munities from such station’s television erator shall provide written notice to market. In this respect, communities any broadcast television station at may be considered part of more than least 30 days prior to either deleting one television market. from carriage or repositioning that sta- (b) Such requests for modification of tion. Such notification shall also be a television market shall be submitted provided to subscribers of the cable in accordance with § 76.7, petitions for system. special relief, and shall include the following evidence: NOTE: No deletion or repositioning of a local commercial television station shall (1) A map or maps illustrating the occur during a period in which major tele- relevant community locations and geo- vision ratings services measure the size of graphic features, station transmitter audiences of local television stations. For sites, cable system headend locations,

547

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00547 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.60 47 CFR Ch. I (10–1–99 Edition)

terrain features that would affect sta- (b) A cable operator may accept pay- tion reception, mileage between the ments from stations which would be community and the television station considered distant signals under the transmitter site, transportation routes cable compulsory copyright license, 17 and any other evidence contributing to U.S.C. 111, as indemnification for any the scope of the market. increased copyright liability resulting (2) Grade B contour maps delineating from carriage of such signal. the station’s technical service area and NOTE: A cable operator may continue to showing the location of the cable sys- accept monetary payment or other valuable tem headends and communities in rela- consideration in exchange for carriage or tion to the service areas. channel positioning of the signal of any local NOTE TO PARAGRAPH (b)(2): Service area commercial television station carried in ful- maps using Longley-Rice (version 1.2.2) prop- fillment of the must-carry requirements, agation curves may also be included to sup- through, but not beyond, the date of expira- port a technical service exhibit. tion of an agreement between a cable operator and a local commercial television sta- (3) Available data on shopping and tion entered into prior to June 26, 1990. labor patterns in the local market. (4) Television station programming (c) A cable operator may accept pay- information derived from station logs ments from stations pursuant to a re- or the local edition of the television transmission consent agreement, even guide. if such station will be counted towards the must-carry complement, as long as (5) Cable system channel line-up all other applicable rules are adhered cards or other exhibits establishing to. historic carriage, such as television guide listings. [58 FR 17362, Apr. 2, 1993, as amended at 59 (6) Published audience data for the FR 62345, Dec. 5, 1994] relevant station showing its average all day audience (i.e., the reported au- § 76.61 Disputes concerning carriage. dience averaged over Sunday-Saturday, (a) Complaints regarding carriage of 7 a.m.–1 a.m., or an equivalent time pe- local commercial television stations. (1) riod) for both cable and noncable Whenever a local commercial tele- households or other specific audience vision station or a qualified low power indicia, such as station advertising and television station believes that a cable sales data or viewer contribution operator has failed to meet its carriage records. or channel positioning obligations, pur- (c) Petitions for Special Relief to suant to §§ 76.56 and 76.57, such station modify television markets that do not shall notify the operator, in writing, of include such evidence shall be dis- the alleged failure and identify its rea- missed without prejudice and may be sons for believing that the cable oper- refiled at a later date with the appro- ator is obligated to carry the signal of priate filing fee. such station or position such signal on a particular channel. [58 FR 17361, Apr. 2, 1993, as amended at 64 (2) The cable operator shall, within 30 FR 33796, June 24, 1999] days of receipt of such written notification, respond in writing to such notifi- § 76.60 Compensation for carriage. cation and either commence to carry A cable operator is prohibited from the signal of such station in accord- accepting or requesting monetary pay- ance with the terms requested or state ment or other valuable consideration its reasons for believing that it is not in exchange either for carriage or chan- obligated to carry such signal or is in nel positioning of any broadcast tele- compliance with the channel posi- vision station carried in fulfillment of tioning and repositioning and other re- the must-carry requirements, except quirements of the must-carry rules. If that a refusal for carriage is based on the (a) Any such station may be required station’s distance from the cable sys- to bear the costs associated with deliv- tem’s principal headend, the operator’s ering a good quality signal or a response shall include the location of baseband video signal to the principal such headend. If a cable operator de- headend of the cable system; or nies carriage on the basis of the failure

548

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00548 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.62

of the station to deliver a good quality or channel position contained in the signal at the cable system’s principal notice required by paragraph (a)(1) of headend, the cable operator must pro- this section, or vide a list of equipment used to make (ii) The failure to respond to such no- the measurements, the point of meas- tice within the time period allowed by urement and a list and detailed de- paragraph (a)(2) of this section. scription of the reception and over-the- (b) Complaints regarding carriage of air signal processing equipment used, qualified local NCE television stations. (1) including sketches such as block dia- Whenever a qualified local NCE tele- grams and a description of the method- vision station believes that a cable op- ology used for processing the signal at erator has failed to comply with the issue, in its response. signal carriage or channel positioning (3) A local commercial television sta- requirements, pursuant to §§ 76.56 tion or qualified low power television through 76.57 of this part, the station station that is denied carriage or chan- may file a complaint with the Commis- nel positioning or repositioning in ac- sion in accordance with the procedures cordance with the must-carry rules by set forth in § 76.7 of this part. In addi- a cable operator may file a complaint tion to the requirements of § 76.7 of this with the Commission in accordance part, such complaint shall specifically: with the procedures set forth in § 76.7 of (i) Allege the manner in which such this part. In addition to the require- cable operator has failed to comply ments of § 76.7 of this part, such com- with such requirements and state the plaint shall specifically: basis for such allegations. (i) Allege the manner in which such (ii) Be accompanied by any relevant cable operator has failed to meet its correspondence between the complain- obligations and the basis for such alle- ant and the cable television system op- gations. erator. (ii) Be accompanied by the notice (2) If the Commission determines from the complainant to the cable tele- that a cable operator has failed to meet vision system operator, and the cable its must-carry obligations, the Com- television system operator’s response, mission shall order that, within 45 days if any. If no timely response was re- of such order or such other period as ceived, the complaint shall so state. the Commission may specify, the cable (iii) Establish the complaint is being operator reposition the complaining filed within the sixty-day deadline station or, in the case of an obligation stated in paragraph (a)(5) of this sec- to carry a station, commence or re- tion. sume carriage of the station and con- (4) If the Commission determines tinue such carriage for a period of time that a cable operator has failed to meet the Commission deems appropriate for its must-carry obligations, the Com- the specific case under consideration. mission shall order that, within 45 days If the Commission determines that the of such order or such other time period cable operator has fully met the must- as the Commission may specify, the carry requirements, it shall dismiss the cable operator reposition the com- complaint. plaining station or, in the case of an (3) With respect to must-carry com- obligation to carry a station, complaints filed pursuant to paragraph (b) mence or resume carriage of the sta- of this section, such complaints may be tion and continue such carriage for at filed at any time the complainant be- least 12 months. If the Commission de- lieves that the cable television system termines that the cable operator has operator has failed to comply with the fully met the must-carry requirements, applicable provisions of subpart D of it shall dismiss the complaint. this part. (5) No must-carry complaint filed [58 FR 17362, Apr. 2, 1993, as amended at 64 pursuant to paragraph (a) of this sec- FR 6572, Feb. 10, 1999] tion will be accepted by the Commis- sion if filed more than sixty (60) days § 76.62 Manner of carriage. after— (a) Cable operators shall carry the (i) The denial by a cable television entirety of the program schedule of system operator of request for carriage any television station (including low

549

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00549 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.64 47 CFR Ch. I (10–1–99 Edition)

power television stations) carried by § 76.64 Retransmission consent. the system unless carriage of specific (a) After 12:01 a.m. on October 6, 1993, programming is prohibited, and other no multichannel video programming programming authorized to be subdistributor shall retransmit the signal stituted, under § 76.67 or subpart F of of any commercial broadcasting sta- part 76, or unless carriage is pursuant tion without the express authority of to a valid retransmission consent the originating station, except as pro- agreement for the entire signal or any vided in paragraph (b) of this section. portion thereof as provided in § 76.64. (b) A commercial broadcast signal (b) Each such television broadcast may be retransmitted without express signal carried shall be carried without authority of the originating station material degradation in compliance if— with technical standards set forth in (1) The distributor is a cable system subpart K of this part. and the signal is that of a commercial (c) Each local commercial television television station (including a low- station whose signal is carried shall, to power television station) that is being the extent technically feasible and con- carried pursuant to the Commission’s sistent with good engineering practice, must-carry rules set forth in § 76.56; be provided no less than the same qual- (2) The multichannel video program- ity of signal processing and carriage ming distributor obtains the signal of a provided for carriage of any other type superstation that is distributed by a of standard television signal. satellite carrier and the originating (d) Each qualified local noncommer- station was a superstation on May 1, cial educational television station 1991, and the distribution is made only whose signal is carried shall be pro- to areas outside the local market of vided with bandwidth and technical ca- the originating station; or pacity equivalent to that provided to (3) The distributor is a satellite car- commercial television broadcast sta- rier and the signal is transmitted ditions carried. rectly to a home satellite antenna, pro- (e) Each commercial broadcast tele- vided that: vision station carried pursuant to (i) The broadcast station is not § 76.56 shall include in its entirety the owned or operated by, or affiliated primary video, accompanying audio, with, a broadcasting network and its and closed captioning data contained signal was retransmitted by a satellite in line 21 of the vertical blanking inter- carrier on May 1, 1991, or val and, to the extent technically fea- (ii) The broadcast station is owned or sible, program-related material carried operated by, or affiliated with a broad- in the vertical blanking interval or on casting network, and the household re- subcarriers. Where appropriate and fea- ceiving the signal is an unserved house- sible, operators may delete signal en- hold. hancements, such as ghost-canceling, (c) For purposes of this section, the from the broadcast signal and employ following definitions apply: such enhancements at the system (1) A satellite carrier is an entity headend or headends. that uses the facilities of a satellite or (f) Each qualified local NCE tele- satellite service licensed by the Fed- vision station carried pursuant to eral Communications Commission, to § 76.56 shall include in its entirety the establish and operate a channel of com- primary video, accompanying audio, munications for point-to-multipoint and closed captioning data contained distribution of television station sig- in line 21 of the vertical blanking inter- nals, and that owns or leases a capac- val and, to the extent technically fea- ity or service on a satellite in order to sible, program-related material carried provide such point-to-multipoint dis- in the vertical blanking interval or on tribution, except to the extent that subcarriers, that may be necessary for such entity provides such distribution receipt of programming by handi- pursuant to tariff under the Commu- capped persons or for educational or nications Act of 1934, other than for language purposes. private home viewing; [58 FR 17362, Apr. 2, 1993, as amended at 59 (2) A superstation is a television FR 62345, Dec. 5, 1994] broadcast station other than a network

550

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00550 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.64

station, licensed by the Federal Com- the building owner upon termination of munications Commission that is sec- service. ondarily transmitted by a satellite car- (f) Commercial television stations rier; are required to make elections between (3) An unserved household with re- retransmission consent and must-carry spect to a television network is a status according to the following household that schedule: (i) Cannot receive, through the use of (1) The initial election must be made a conventional outdoor rooftop receiv- by June 17, 1993. ing antenna, an over-the-air signal of (2) Subsequent elections must be grade B intensity of a primary network made at three year intervals; the sec- station affiliated with that network, ond election must be made by October and 1, 1996 and will take effect on January (ii) Has not, within 90 days before the 1, 1997; the third election must be made date on which that household sub- by October 1, 1999 and will take effect scribes, either initially or on renewal, on January 1, 2000, etc. received secondary transmissions by a (3) Television stations that fail to satellite carrier of a network station make an election by the specified dead- affiliated with that network, sub- line will be deemed to have elected scribed to a cable system that provides must carry status for the relevant the signal of a primary network sta- three-year period. tion affiliated with the network. (4) New television stations shall (4) A primary network station is a make their initial election any time network station that broadcasts or re- between 60 days prior to commencing broadcasts the basic programming broadcast and 30 days after com- service of a particular national net- mencing broadcast; such initial elec- work; tion shall take effect 90 days after they (5) The terms ‘‘network station,’’ and are made. ‘‘secondary transmission’’ have the (5) Television broadcast stations that meanings given them in 17 U.S.C. 111(f). become eligible for must carry status (d) A multichannel video program with respect to a cable system or sys- distributor is an entity such as, but not tems due to a change in the market limited to, a cable operator, a multi- definition may, within 30 days of the channel multipoint distribution serv- effective date of the new definition, ice, a direct broadcast satellite service, elect must-carry status with respect to a television receive-only satellite pro- such system or systems. Such elections gram distributor, or a satellite master shall take effect 90 days after they are antenna television system operator, made. that makes available for purchase, by (g) If one or more franchise areas subscribers or customers, multiple served by a cable system overlaps with channels of video programming. one or more franchise areas served by (e) The retransmission consent re- another cable system, television broad- quirements of this section are not ap- cast stations are required to make the plicable to broadcast signals received same election for both cable systems. by master antenna television facilities (h) On or before each must-carry/re- or by direct over-the-air reception in transmission consent election deadline, conjunction with the provision of serv- each television broadcast station shall ice by a multichannel video program place copies of all of its election state- distributor provided that the multi- ments in the station’s public file, and channel video program distributor shall send via certified mail to each makes reception of such signals avail- cable system in the station’s defined able without charge and at the sub- market a copy of the station’s election scribers option and provided further statement with respect to that oper- that the antenna facility used for the ator. reception of such signals is either (i) Notwithstanding a television sta- owned by the subscriber or the building tion’s election of must-carry status, if owner; or under the control and avail- a cable operator proposes to retransmit able for purchase by the subscriber or that station’s signal without according

551

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00551 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.67 47 CFR Ch. I (10–1–99 Edition)

the station must-carry rights (i.e., pur- carry station for the remainder of the suant to § 76.56(f)), the operator must current three-year election period. obtain the station’s express authority (m) Exclusive retransmission consent prior to retransmitting its signal. agreements are prohibited. No tele- (j) A cable system that changes its vision broadcast station shall make an technical configuration in such a way agreement with one multichannel dis- as to integrate two formerly separate tributor for carriage, to the exclusion cable systems must give 90 days notice of other multichannel distributors. of its intention to do so to any tele- (n) A multichannel video program- vision broadcast stations that have ming distributor providing an all-band elected must-carry status with respect FM radio broadcast service (a service to one system and retransmission con- that does not involve the individual sent status with respect to the other. If processing of specific broadcast sig- the system and the station do not nals) shall obtain retransmission con- agree on a uniform election 45 days sents from all FM radio broadcast sta- prior to integration, the cable system tions that are included on the service may require the station to make such that have transmitters located within a uniform election 30 days prior to in- 92 kilometers (57 miles) of the receiv- tegration. ing antenna for such service. Stations (k) Retransmission consent agree- outside of this 92 kilometer (57 miles) ments between a broadcast station and radius shall be presumed not to be car- a multichannel video programming dis- ried in an all-band reception mode but tributor shall be in writing and shall may affirmatively assert retrans- specify the extent of the consent being mission consent rights by providing 30 granted, whether for the entire signal days advance notice to the distributor. or any portion of the signal. (l) A cable system commencing new [58 FR 17363, Apr. 2, 1993, as amended at 59 FR 62345, Dec. 5, 1994] operation is required to notify all local commercial and noncommercial broad- § 76.67 Sports broadcasts. cast stations of its intent to commence service. The cable operator must send (a) No community unit located in such notification, by certified mail, at whole or in part within the specified least 60 days prior to commencing zone of a television broadcast station cable service. Commercial broadcast licensed to a community in which a stations must notify the cable system sports event is taking place, shall, on within 30 days of the receipt of such request of the holder of the broadcast notice of their election for either must- rights to that event, or its agent, carry carry or retransmission consent with the live television broadcast of that respect to such new cable system. If event if the event is not available live the commercial broadcast station on a television broadcast signal carried elects must-carry, it must also indicate by the community unit meeting the its channel position in its election criteria specified in §§ 76.5(gg)(1) statement to the cable system. Such through 76.5(gg)(3) of this part. For election shall remain valid for the re- purposes of this section, if there is no mainder of any three-year election in- television station licensed to the com- terval, as established in § 76.64(f)(2). munity in which the sports event is Noncommercial educational broadcast taking place, the applicable specified stations should notify the cable oper- zone shall be that of the television sta- ator of their request for carriage and tion licensed to the community with their channel position. The new cable which the sports event or team is iden- system must notify each station if its tified, or, if the event or local team is signal quality does not meet the stand- not identified with any particular com- ards for carriage and if any copyright munity, the nearest community to liability would be incurred for the car- which a television station is licensed. riage of such signal. Pursuant to (b) Notification of the programming § 76.57(e), a commercial broadcast sta- to be deleted pursuant to this section tion which fails to respond to such a shall include the following informa- notice shall be deemed to be a must- tion:

552

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00552 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.70

(1) As to programming to be deleted (f) The provisions of this section from television broadcast signals regu- shall not apply to any community unit larly carried by the community unit: having fewer than 1,000 subscribers. (i) The name and address of the party requesting the program deletion; (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, (ii) The date, time and expected dura- 1081, 1082, 1083, 1084, 1085, 1088, 1089; (47 U.S.C. tion of the sports event the television 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)) broadcast of which is to be deleted; [40 FR 30649, July 22, 1975, as amended at 40 (iii) The call letters of the television FR 53031, Nov. 14, 1975; 42 FR 19346, Apr. 13, broadcast station(s) from which the de- 1977; 43 FR 20235, May 11, 1978; 52 FR 17577, letion is to be made. May 11, 1987; 54 FR 41843, Oct. 12, 1989] (2) As to programming to be deleted from television broadcast signals not § 76.70 Exemption from input selector regularly carried by the community switch rules. unit: (a) In any case of cable systems serv- (i) The name and address of the party ing communities where no portion of requesting the program deletion; the community is covered by the pre- (ii) The date, time and expected dura- dicted Grade B contour of at least one tion of the sports event the television full service broadcast television sta- broadcast of which is to be deleted. tion, or non-commercial educational television translator station operating (c) Notifications given pursuant to with 5 or more watts output power and this section must be received, as to where the signals of no such broadcast regularly scheduled events, no later stations are ‘‘significantly viewed’’ in than the Monday preceding the cal- the county where such a cable system endar week (Sunday–Saturday) during is located, the cable system shall be ex- which the program deletion is to be empt from the provisions of § 76.66. made. Notifications as to events not Cable systems may be eligible for this regularly scheduled and revisions of exemption where they demonstrate notices previously submitted, must be with engineering studies prepared in received within twenty-four (24) hours accordance with § 73.686 of this chapter after the time of the telecast to be de- or other showings that broadcast sig- leted is known, but in any event no nals meeting the above criteria are not later than twenty-four (24) hours from actually viewable within the commu- the time the subject telecast is to take nity. place. (b) Where a new full service broad- (d) Whenever, pursuant to this sec- cast television station, or new non- tion, a community unit is required to commercial educational television delete a television program on a signal translator station with 5 or more regularly carried by the community watts, or an existing such station of ei- unit, such community unit may, con- ther type with newly upgraded facili- sistent with the rules contained in ties provides predicted Grade B service Subpart F of this part, substitute a to a community served by a cable system previously exempt under para- program from any other television graph (a) of this section, or the signal broadcast station. A program sub- of any such broadcast station is newly stituted may be carried to its comple- determined to be ‘‘significantly tion, and the community unit need not viewed’’ in the county where such a return to its regularly carried signal cable system is located, the cable sys- until it can do so without interrupting tem at that time is required to comply a program already in progress. fully with the provisions of § 76.66. (e) The provisions of this section Cable systems may retain their exemp- shall not be deemed to require the deletion under paragraph (a) of this section tion of any portion of a television sig- where they demonstrate with engineer- nal which a community unit was law- ing studies prepared in accordance with fully carrying prior to March 31, 1972. § 73.686 of this chapter or other

553

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00553 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.71 47 CFR Ch. I (10–1–99 Edition)

showings that broadcast signals meet- (b) Employment units. The provisions ing the above criteria are not actually of this subpart shall apply to cable en- viewable within the community. tities as employment units. Each cable [54 FR 25716, June 19, 1989] entity may be considered a separate employment unit; however, where two or more cable entities are under com- Subpart E—Equal Employment mon ownership or control and are Opportunity Requirements interrelated in their local management, operation, and utilization of em- SOURCE: 50 FR 40855, Oct. 7, 1985, unless ployees, they shall constitute a single otherwise noted. employment unit. § 76.71 Scope of application. (c) Headquarters office. A multiple cable operator shall treat as a separate (a) The provisions of this subpart employment unit each headquarters of- shall apply to any corporation, part- fice to the extent the work of that of- nership, association, joint-stock com- fice is primarily related to the oper- pany, or trust engaged primarily in the ation of more than one employment management or operation of any cable unit as described in paragraph (b) of system. Cable entities subject to these this section. provisions include those systems defined in § 76.5(a), all satellite master [50 FR 40855, Oct. 7, 1985, as amended at 58 FR antenna television systems serving 50 42250, Aug. 9, 1993] or more subscribers, and any multichannel video programming dis- § 76.73 General EEO policy. tributor. For purposes of the provisions (a) Equal opportunity in employment of this subpart, a multichannel video shall be afforded by each cable entity programming distributor is an entity to all qualified persons, and no person such as, but not limited to, a cable op- shall be discriminated against in em- erator, a multipoint distribution serv- ployment by such entity because of ice, a multichannel multipoint dis- race, color, religion, national origin, tribution service, a direct broadcast age or sex. satellite service, a television receive- (b) Each employment unit shall es- only satellite program distributor, or a tablish, maintain, and carry out a posi- video dialtone program service pro- tive continuing program of specific vider, who makes available for pur- practices designed to assure equal op- chase, by subscribers or customers, portunity to every aspect of cable sys- multiple channels of video program- tem employment policy and practice. ming, whether or not a licensee. Multi- Under the terms of its program, an em- channel video programming distribu- ployment unit shall: tors do not include any entity which lacks control over the video program- (1) Define the responsibility of each ming distributed. For purposes of this level of management to ensure a posi- subpart, an entity has control over the tive application and vigorous enforce- video programming it distributes, if it ment of its policy of equal opportunity, selects video programming channels or and establish a procedure to review and programs and determines how they are control managerial and supervisory presented for sale to consumers. performance; Nothwithstanding the foregoing, the (2) Inform its employees and recog- regulations in this subpart are not ap- nized employee organizations of the plicable to the owners or originators positive equal employment oppor- (of programs or channels of program- tunity policy and program and enlist ming) that distribute six or fewer chan- their cooperation; nels of commonly-owned video pro- (3) Communicate its equal employ- gramming over a leased transport fa- ment opportunity policy and progam cility. For purposes of this subpart, and its employment needs to sources of programming services are ‘‘commonly- qualified applicants without regard to owned’’ if the same entity holds a ma- race, color, religion, national origin, jority of the stock (or is a general part- age or sex, and solicit their recruit- ner) of each program service. ment assistance on a continuing basis;

554

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00554 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.75

(4) Conduct a continuing program to (b) Use minority organizations, orga- exclude every form of prejudice or dis- nizations for women, media, edu- crimination based upon race, color, re- cational institutions, and other poten- ligion, national origin, age or sex from tial sources of minority and female ap- its personnel policies and practices and plicants, to supply referrals whenever working conditions; and job vacancies are available in its oper- (5) Conduct a continuing review of ation. For example, this requirement job structure and employment prac- may be met by: tices and adopt positive recruitment, (1) Placing employment advertise- training, job design, and other meas- ments in media that have significant ures needed to ensure genuine equality circulation among minority-group peo- of opportunity to participate fully in ple in the recruiting area; all organizational units, occupations, (2) Recruiting through schools and and levels of responsibility. colleges with significant minority- group enrollments; § 76.75 EEO program requirements. (3) Maintaining systematic contacts An employment unit’s equal employ- with minority and human relations or- ment opportunity program should rea- ganizations, leaders, and spokesmen to sonably address itself to the specific encourage referral of qualified minor- areas set forth below, to the extent ity or female applicants; possible and to the extent that they (4) Encouraging current employees to are appropriate in terms of employ- refer minority or female applicants; ment unit size, location, etc.: (5) Making known to the appropriate (a) Disseminate its equal employ- recruitment sources in the employer’s ment opportunity program to job appli- immediate area that qualified minority cants, employees, and those with whom members and females are being sought it regularly does business. For exam- for consideration whenever the employ- ple, this requirement may be met by: ment unit hires. (1) Posting notices in the employ- (c) Evaluate its employment profile ment unit’s office and places of em- and job turnover against the avail- ployment informing employees, and ap- ability of minorities and women in its plicants for employment, of their equal franchise area. For example, this re- employment opportunity rights, and quirement may be met by: (1) Comparing composition of rel- their right to notify the Equal Employ- evant labor area with the composition ment Opportunity Commission, the of the entity’s employees; Federal Communications Commission, (2) Comparing its employees, within or other appropriate agency, if they be- each job category, with the people lieve they have been discriminated available for such positions; against. Where a significant percentage (3) Where there is underrepresenta- of employees, employment applicants, tion of either minorities and/or women, or residents of the community of a examining the company’s personnel cable television system of the relevant policies and practices to assure that labor area are Hispanic, such notices they do not inadvertently screen out should be posted in Spanish and any protected group and take appro- English. Similar use should be made of priate action where necessary. other languages in such posted equal employment opportunity notices, NOTE: These data are generally available where appropriate; on a metropolitan statistical area (MSA), (2) Placing a notice in bold type on primany metropolitan statistical area the employment application informing (PMSA) or county basis. prospective employees that discrimina- (d) Undertake to offer promotions of tion because of race, color, religion, minorities and women in a non-dis- national origin, age or sex is prohibited criminatory fashion to positions of and that they may notify the Equal greater responsibility. For example, Employment Opportunity Commission, this requirement may be met by: the Federal Communications Commis- (1) Instructing those who make decision, or other appropriate agency if sions on placement and promotion that they believe they have been discrimi- minority employees and females are to nated against. be considered without discrimination,

555

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00555 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.77 47 CFR Ch. I (10–1–99 Edition)

and that job areas in which there is lit- § 76.77 Reporting requirements. tle or no minority or female represen- (a) Annual employment report. Each tation should be reviewed to determine employment unit with six or more full- whether this results from discrimina- time employees shall file an annual tion; employment report (FCC Form 395–A) (2) Giving minority groups and fe- with the Commission on or before Sep- male employees equal opportunity for tember 30 of each year. Employment positions which lead to higher posi- data on the annual employment report tions. Inquiring as to the interest and shall reflect the figures from any one skills of all lower paid employees with payroll period in July, August, or Sep- respect to any of the higher paid posi- tember of the year during which the re- tions, followed by assistance, counsel- port is filed. Unless instructed other- ling, and effective measures to enable wise by the FCC, the same payroll pe- employees with interest and potential riod shall be used for each successive to qualify themselves for such posi- annual employment report. tions; (b) Certification of Compliance. The (3) Providing opportunity to perform Commission will use the information overtime work on a basis that does not submitted on Form 395A to determined whether cable systems are in compli- discriminate against qualified minor- ance with the provisions of this sub- ity group or female employees. part. Cable systems found to be in com- (e) Encourage minority and female pliance with these rules will receive a entrepreneurs to conduct business with Certificate of Compliance. all parts of its operation. For example, (c) Investigations. The Commission this requirement may be met by: will investigate each cable system at (1) Recruiting as wide as possible a least once every five years. Cable sys- pool of qualified entrepreneurs from tems are required to submit supple- sources such as employee referrals, mental investigation information with community groups, contractors, asso- their regular Form 395A reports in the ciations, and other sources likely to be years they are investigated. representative of minority and female (d) Job category definitions. The fol- interests. lowing job category definitions are to (f) Analyze the results of its efforts be used when classifying employees for to recruit, hire, promote, and use the purposes of this section: services of minorities and women and (1) Corporate officers. An employee explain any difficulties encountered in who is responsible for setting broad implementing its equal employment policies for the overall operation of the opportunity program. For example, company and who holds a corporate of- this requirement may be met by: fice as designated by the company’s (1) Where union agreements exist, co- governing regulations (e.g., Articles of operating with the union or unions in Incorporation, Articles of Partnership, the development of programs to assure By-Laws). Examples of positions which qualified minority persons or females may fall within this category include, of equal opportunity for employment, Chairman of the Board, President and and including an effective non- Vice President. discrimination clause in new or renego- NOTE: Employees who perform responsibil- tiated union agreements; ities falling within the ‘‘Corporate Officers’’ (2) Avoiding use of selection tech- and another of the job categories in para- niques or tests that have the effect of graphs (d) (2) through (6), should normally be classified in only one of the categories in discriminating against qualified minor- paragraphs (d) (2) through (6). Specific job ti- ity groups or females; tles for categories in paragraphs (d) (1) (3) Reviewing seniority practices to through (6) are merely illustrative. The prop- ensure that such practices are non- er categorization of any employee depends discriminatory; on the kind and level of the employee’s responsibilities and not merely the employee’s (4) Examining rates of pay and fringe title. Employees who are appropriately clas- benefits for employees having the same sified into one of the categories in para- duties, and eliminating any inequities graphs (d) (1) through (6) also should fall based upon race or sex discrimination. within the category of paragraph (d)(7).

556

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00556 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.77

(2) General manager. An employee who (8) Professionals. Occupations requir- exercises overall responsibility for a ing either college graduation or experi- cable unit or system. Related title may ence of such kind and amount as to include ‘‘systems manager.’’ provide a comparable background. In- (3) Chief technician. An employee who cludes: accountants and auditors, edi- has overall responsibility for the sys- tors, engineers, lawyers and labor rela- tem’s technical operations. The incum- tions specialists. This category would bent ordinarily oversees technical include persons engaged in the writing, budgets and expenditures, inventory preparation and reproduction of pro- control and fleet management. Indi- gramming, writers or editors, pro- vidual ordinarily supervises technical ducers and directors of programs, floor personnel in the installation, service, directors, announcers, singers, actors, maintenance and construction depart- music librarians and those in similar ments and/or studio. Category includes positions. related titles such as ‘‘Technical Oper- (9) Technicians. Occupations requiring ations Manager,’’ ‘‘Technical Man- a combination of basic scientific ager,’’ ‘‘Plant Manager,’’ or ‘‘Chief En- knowledge and manual skill which can gineer.’’ be obtained through about 2 years of (4) Comptroller. An employee who post high school education, such as is manages the activities of the account- offered in many technical institutes ing department in the maintenance of and junior colleges, or through equiva- the accounting book and other such lent on-the-job training. Includes: com- records. puter programmers and operators, en- (5) General sales manager. A senior gineering aides, junior engineers and sales or marketing employee who over- electronic technicians. This category sees the marketing functions of the also would include strand mappers, system which may include tele- audio and video engineers, camera marketing in addition to direct sales. technicians (live or film), film proc- (6) Production manager. A senior em- essors, light technicians, drafters and ployee responsible for advertising and/ design personnel, electronic converter or production of local community pro- repair technicians (technicians who gramming. perform more than clear and recycle NOTE: An employee whose responsibilities functions) and advertising sales pro- fall within more than one of the job cat- duction personnel. egories in paragraphs (d) (2) through (6), (i.e., (10) Sales. Occupations engaging General Manager/Comptroller), should be wholly or primarily in direct selling. listed in the one job category which rep- This category would include adver- resents the most frequently performed task tising agents, cable service sales per- by that person. sonnel (sales representatives), and indi- (7) Managers. Occupations requiring viduals engaged in direct customer administrative personnel who set broad contact for the purposes of product and policies, exercise overall responsibility service promotion. This category infor execution of these policies, and di- cludes employees who ordinarily are rect individual departments or special paid by commissions. phases or segments of a firm’s oper- (11) Office and clerical. Includes all ation or subdepartments of a major de- clerical-type work regardless of level of partment. Incumbents within this cat- difficulty, where the activities are pre- egory ordinarily exercise authority to dominantly nonmanual though some hire and terminate employees. This manual work not directly involved category would include systems man- with altering or transporting the prod- agers and assistant managers, program ucts is included. Includes: Book- directors and assistant directors, office keepers, cashiers, collectors of bills managers, budget officers, promotions and accounts, messengers and clerks, managers, public affairs directors, office machine operators, stenog- chief engineers and those holding raphers, typists and secretaries, tele- equivalent positions. Employees appro- phone operators, kindred workers and priately falling within categories in customer service representatives. paragraphs (d) (1) through (6) also (12) Craft workers (skilled). Manual should fall within this category. workers of relatively high skill level

557

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00557 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.79 47 CFR Ch. I (10–1–99 Edition)

having a thorough and comprehensive § 76.79 Records available for public in- knowledge of the processes involved in spection. their work. Exercise considerable inde- (a) A copy of every annual employ- pendent judgment and usually receive ment report, and any other employ- an extensive period of training. In- ment report filed with the Commission, cludes: Hourly paid supervisors who are and complaint report that has been not members of management, mechan- filed with the Commission, and copies ics, and repair workers, electricians, of all exhibits, letters, and other docu- motion picture projectionists, and ments filed as part thereof, all amend- splicers. ments thereto, all correspondence be- (13) Operatives (semi-skilled). Workers tween the cable entity and the Com- who operate machine or processing mission pertaining to the reports after equipment or perform other factory- they have been filed in all documents type duties of intermediate skill level incorporated therein by reference, un- which can be mastered in a few weeks less specifically exempted from the re- and require only limited training In- quirement, are open for public inspec- cludes: Apprentices, operatives, truck tion at the offices of the Commission in and tractor drivers, welders, installers, Washington, DC. line workers, and trenching machine (b) Every employment unit shall workers. maintain for public inspection a file NOTE: Apprentices—Persons employed in a containing copies of all annual employ- program including work training and related ment reports. Each document shall be instruction to learn a trade or craft which is retained for a period of five years. The traditionally considered an apprenticeship file shall be maintain at the central of- regardless of whether the program is reg- fice and at every location with more istered with a Federal or State agency. than five full-time employees. A head- (14) Laborers (unskilled). Workers in quarters employment unit file and a manual occupations which generally file containing a consolidated set of all require no special training. Perform el- documents pertaining to the other em- ementary duties that may be learned ployment units of a multiple cable opin a few days and require the applica- erator shall be maintained at the cen- tion of little or no independent judg- tral office of the headquarters employment. Includes: gardeners and ment unit. The cable entity shall pro- groundskeepers, laborers performing vide reasonable accommodations at lifting or digging, stage hands and kin- these locations for undisturbed inspec- dred workers. tion of his equal employment oppor- (15) Service workers. Workers in both tunity records by members of the pub- protective and nonprotective service lic during regular business hours. occupations. Includes: Char workers and cleaners, elevator operators, Subpart F—Nonduplication Pro- guards and watch workers, janitors, tection and Syndicated Exclu- and kindred workers. sivity NOTE: A person who does a job falling within more than one of the job categories listed SOURCE: 53 FR 27171, July 19, 1988, unless in paragraphs (d) (7) through (15) is to be list- otherwise noted. ed in the job category which represents the most frequently performed task by that per- § 76.92 Network non-duplication; ex- son; a person is to be listed only once. Spe- tent of protection. cific job titles listed in the categories above are merely illustrative. The proper cat- (a) Upon receiving notification pur- egorization of any employee depends on the suant to § 76.94, a cable community kind and level of the employee’s responsibil- unit located in whole or in part within ities. the geographic zone for a network program, the network non-duplication [50 FR 40855, Oct. 7, 1985, as amended at 58 FR rights to which are held by a commer- 42250, Aug. 9, 1993; 63 FR 16907, Apr. 7, 1998] cial television station licensed by the

558

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00558 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.94

Commission, shall not carry that pro- (f) A community unit is not required gram as broadcast by any other tele- to delete the duplicating network provision signal, except as otherwise programming of any television broadcast vided below. station which is significantly viewed in (b) For purposes of this section, the the cable television community pursu- order of nonduplication priority of tel- ant to § 76.54. evision signals carried by a community (g) A community unit is not required unit is as follows: to delete the duplicating network pro- (1) First, all television broadcast sta- gramming of any qualified NCE tele- tions within whose specified zone the vision broadcast station that is carried community of the community unit is in fulfillment of the cable television located, in whole or in part; system’s mandatory signal carriage ob- (2) Second, all smaller market tele- ligations, pursuant to § 76.56. vision broadcast stations within whose NOTE: With respect to network program- secondary zone the community of the ming, the geographic zone within which the community unit is located, in whole or television station is entitled to enforce net- in part. work non-duplication protection and priority (c) For purposes of this section, all of shall be that geographic area agreed upon noncommercial educational television between the network and the television station. In no event shall such rights exceed the broadcast stations licensed to a com- area within which the television station may munity located in whole or in part acquire broadcast territorial exclusivity within a major television market as rights as defined in § 73.658(m), except that specified in § 76.51 shall be treated in small market television stations shall be en- the same manner as a major market titled to a secondary protection zone of 32.2 commercial television broadcast sta- additional kilometers (20 additional miles). tion, and all noncommercial edu- To the extent rights are obtained for any hy- cational television broadcast stations phenated market named in § 76.51, such rights shall not exceed those permitted not licensed to a community located in under § 76.658(m) for each named community whole or in part within a major tele- in that market. vision market shall be treated in the same manner as a smaller market tele- [53 FR 27171, July 19, 1988, as amended at 54 vision broadcast station. FR 12918, Mar. 29, 1989; 58 FR 17364, Apr. 2, (d) Any community unit operating in 1993; 58 FR 44951, Aug. 25, 1993] a community to which a 100-watt or higher power translator is located § 76.93 Parties entitled to network non-duplication protection. within the predicted Grade B signal contour of the television broadcast sta- Television broadcast station licens- tion that the translator station re- ees shall be entitled to exercise non-du- transmits, and which translator is car- plication rights pursuant to § 76.92 in ried by the community unit shall, upon accordance with the contractual provi- request of such translator station li- sions of the network-affiliate agree- censee or permittee, delete the dupli- ment. cating network programming of any television broadcast station whose ref- § 76.94 Notification. erence point (See § 76.53) is more than (a) In order to exercise non-duplica- 88.5 km (55 miles) from the community tion rights pursuant to § 76.92, tele- of the community unit. vision stations shall notify each cable (e) Any community unit which oper- television system operator of the non- ates in a community located in whole duplication sought in accordance with or in part within the secondary zone of the requirements of this Section. Ex- a smaller market television broadcast cept as otherwise provided in para- station is not required to delete the du- graph (b) of this section, non-duplica- plicating network programming of any tion protection notices shall include major market television broadcast sta- the following information: tion whose reference point (See Section (1) The name and address of the party 76.53) is also within 88.5 km (55 miles) requesting non-duplication protection of the community of the community and the television broadcast station unit. holding the non-duplication right;

559

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00559 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.94 47 CFR Ch. I (10–1–99 Edition)

(2) The name of the program or series been limited or ended prior to the time (including specific episodes where nec- specified in the notice, or in the event essary) for which protection is sought; a time period, as identified to the cable and system in a notice pursuant to para- (3) The dates on which protection is graph (b) of this section, for which a to begin and end. broadcaster has obtained protection is (b) Broadcasters entering into con- shifted to another time of day or an- tracts providing for network non-dupli- other day (but not expanded), the cation protection shall notify affected broadcaster shall, as soon as possible, cable systems within 60 calendar days inform each cable television system op- of the signing of such a contract; pro- erator that has previously received the vided, however, that for such contracts notice of all changes from the original signed before May 5, 1989, a broadcaster notice. Notice to be furnished ‘‘as soon may provide notice on or before June 19, 1989. In the event the broadcaster is as possible’’ under this subsection shall unable based on the information con- be furnished by telephone, telegraph, tained in the contract, to furnish all facsimile, overnight mail or other the information required by paragraph similar expedient means. (a) of this section at that time, the (2) In the event the protection speci- broadcaster must provide modified no- fied in the modified notices described tices that contain the following infor- in paragraph (b) of this section has mation: been expanded, the broadcaster shall, (1) The name of the network (or net- at least 60 calendar days prior to works) which has (or have) extended broadcast of a protected program enti- non-duplication protection to the tled to such expanded protection, no- broadcaster; tify each cable system operator that (2) The time periods by time of day has previously received notice of all (local time) and by network (if more changes from the original notice. than one) for each day of the week that (e) In determining which programs the broadcaster will be broadcasting must be deleted from a television sig- programs from that network (or net- nal, a cable television system operator works) and for which non-duplication may rely on information from any of protection is requested; and the following sources published or oth- (3) The duration and extent (e.g., si- erwise made available: multaneous, same-day, seven-day, etc.) of the non-duplication protection (1) Newspapers or magazines of gen- which has been agreed upon by the net- eral circulation. work (or networks) and the broad- (2) A television station whose pro- caster. grams may be subject to deletion. If a (c) Except as otherwise provided in cable television system asks a tele- paragraph (d) of this section, a broad- vision station for information about its caster shall be entitled to non-duplica- program schedule, the television station protection beginning on the later tion shall answer the request: of: (i) Within ten business days following (1) The date specified in its notice (as the television station’s receipt of the described in paragraphs (a) or (b) of request; or this section, whichever is applicable) (ii) Sixty days before the program or to the cable television system; or programs mentioned in the request for (2) The first day of the calendar week information will be broadcast; which- (Sunday-Saturday) that begins 60 days ever comes later. after the cable television system re- (3) The broadcaster requesting exclu- ceives notice from the broadcaster. sivity. (d) A broadcaster shall provide the following information to the cable tele- (f) A broadcaster exercising exclu- vision system under the following cir- sivity pursuant to § 76.92 shall provide cumstances: to the cable system, upon request, an (1) In the event the protection speci- exact copy of those portions of the con- fied in the notices described in para- tracts, such portions to be signed by graphs (a) or (b) of this section has both the network and the broadcaster,

560

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00560 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.155

setting forth in full the provisions per- NOTE: With respect to each syndicated pro- tinent to the duration, nature, and ex- gram, the geographic zone within which the tent of the non-duplication terms con- television station is entitled to enforce syn- cerning broadcast signal exhibition to dicated exclusivity rights shall be that geographic area agreed upon between the non- which the parties have agreed. network program supplier, producer or dis- [54 FR 12918, Mar. 29, 1989; 54 FR 25857, June tributor and the television station. In no 20, 1989] event shall such zone exceed the area within which the television station has acquired § 76.95 Exceptions. broadcast territorial exclusivity rights as defined in § 73.658(m). To the extent rights (a) The provisions of §§ 76.92–76.94 are obtained for any hyphenated market shall not apply to a cable system serv- named in § 76.51, such rights shall not exceed ing fewer than 1,000 subscribers. Within those permitted under § 73.658(m) for each 60 days following the provision of serv- named community in that market. ice to 1,000 subscribers, the operator of [53 FR 27171, July 19, 1988, as amended at 54 each such system shall file a notice to FR 12919, Mar. 29, 1989] that effect with the Commission, and serve a copy of that notice on every § 76.153 Parties entitled to syndicated television station that would be enti- exclusivity. tled to exercise network non-duplica- (a) Television broadcast station li- tion protection against it. censees shall be entitled to exercise ex- (b) Network non-duplication protec- clusivity rights pursuant to § 76.151 in tion need not be extended to a higher accordance with the contractual provi- priority station for one hour following sions of their syndicated program li- the scheduled time of completion of cense agreements, consistent with the broadcast of a live sports event by § 76.159. that station or by a lower priority sta- (b) Distributors of syndicated pro- tion against which a cable community gramming shall be entitled to exercise unit would otherwise be required to exclusive rights pursuant to § 76.151 for provide non-duplication protection fol- a period of one year from the initial lowing the scheduled time of comple- broadcast syndication licensing of such tion. programming anywhere in the United [53 FR 27171, July 19, 1989, as amended at 54 States; provided, however, that dis- FR 12919, Mar. 29, 1989] tributors shall not be entitled to exercise such rights in areas in which the § 76.97 Effective dates. programming has already been licensed. The network non–duplication protection and exceptions thereto outlined in § 76.155 Notification. §§ 76.92 through 76.95 shall become enforceable on January 1, 1990. The rules (a) In order to exercise exclusivity in effect on May 18, 1988, will remain rights pursuant to § 76.151, distributors operative until January 1, 1990. or television stations shall notify each cable television system operator of the [54 FR 12919, Mar. 29, 1989; 54 FR 25857, June exclusivity sought in accordance with 20, 1989] the requirements of this section. Syn- dicated program exclusivity notices § 76.151 Syndicated program exclu- shall include the following informa- sivity: Extent of protection. tion: Upon receiving notification pursuant (1) The name and address of the party to § 76.155, a cable community unit lo- requesting exclusivity and the tele- cated in whole or in part within the ge- vision broadcast station or other party ographic zone for a syndicated pro- holding the exclusive right; gram, the syndicated exclusivity rights (2) The name of the program or series to which are held by a commercial tel- (including specific episodes where nec- evision station licensed by the Com- essary) for which exclusivity is sought; mission, shall not carry that program (3) The dates on which exclusivity is as broadcast by any other television to begin and end. signal, except as otherwise provided (b) Broadcasters entering into con- below. tracts on or after August 18, 1988,

561

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00561 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.156 47 CFR Ch. I (10–1–99 Edition)

which contain syndicated exclusivity is to begin and/or end, the distributor protection shall notify affected cable or broadcaster shall, as soon as pos- systems within sixty calendar days of sible, notify the cable television sys- the signing of such a contract. Broad- tem operator of the occurrence of the casters who have entered into con- relevant contingency. Notice to be fur- tracts prior to August 18, 1988, and who nished ‘‘as soon as possible’’ under this comply with the requirements specified subsection shall be furnished by tele- in § 76.159 shall notify affected cable phone, telegraph, facsimile, overnight systems on or before June 19, 1989; pro- mail or other similar expedient means. vided, however, that with respect to [53 FR 27171, July 19, 1988, as amended at 54 such pre-August 18, 1988, contracts that FR 12919, Mar. 29, 1989] require amendment in order to invoke the provisions of these rules, notifica- § 76.156 Exceptions. tion may be given within sixty cal- (a) Notwithstanding the require- endar days of the signing of such ments of §§ 76.151–76.155, a broadcast amendment. A broadcaster shall be en- signal is not required to be deleted titled to exclusivity protection begin- from a cable community unit when ning on the later of: that cable community unit falls, in (1) The date specified in its notice to whole or in part, within that signal’s the cable television system; or grade B contour, or when the signal is (2) The first day of the calendar week significantly viewed pursuant to § 76.54 (Sunday-Saturday) that begins 60 days in the cable community. after the cable television system re- (b) The provisions of §§ 76.151–76.155 ceives notice from the broadcaster; shall not apply to a cable system serv- (c) In determining which programs ing fewer than 1,000 subscribers. Within must be deleted from a television 60 days following the provision of serv- broadcast signal, a cable television sys- ice to 1,000 subscribers, the operator of tem operator may rely on information each such system shall file a notice to from any of the following sources pub- that effect with the Commission, and lished or otherwise made available. serve a copy of that notice on every (1) Newspapers or magazines of gen- television station that would be enti- eral circulation; tled to exercise syndicated exclusivity (2) A television station whose pro- protection against it. grams may be subject to deletion. If a cable television system asks a tele- § 76.157 Exclusivity contracts. vision station for information about its A distributor or television station ex- program schedule, the television sta- ercising exclusivity pursuant to § 76.151 tion shall answer the request: shall provide to the cable system, upon (i) Within ten business days following request, an exact copy of those por- the television station’s receipt of the tions of the exclusivity contracts, such request; or portions to be signed by both the dis- (ii) Sixty days before the program or tributor and the television station, set- programs mentioned in the request for ting forth in full the provisions perti- information will be broadcast; which- nent to the duration, nature, and ex- ever comes later. tent of the exclusivity terms con- (3) The distributor or television sta- cerning broadcast signal exhibition to tion requesting exclusivity. which the parties have agreed. (d) In the event the exclusivity specified in paragraph (a) of this section has § 76.158 Indemnification contracts. been limited or has ended prior to the time specified in the notice, the dis- No licensee shall enter into any con- tributor or broadcaster who has sup- tract to indemnify a cable system for plied the original notice shall, as soon liability resulting from failure to de- as possible, inform each cable tele- lete programming in accordance with vision system operator that has pre- the provisions of this subpart unless viously received the notice of all the licensee has a reasonable basis for changes from the original notice. In concluding that such program deletion the event the original notice specified is not required by this subpart. contingent dates on which exclusivity [54 FR 12919, Mar. 29, 1989]

562

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00562 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.205

§ 76.159 Requirements for invocation ried under the Commission’s rules, of protection. such community unit may, consistent For a station licensee to be eligible with these rules and the sports black- to invoke the provisions of this sub- out rules at 47 CFR 76.67, substitute a part, it must have a contract or other program from any other television written indicia that it holds syndicated broadcast station. Programs sub- exclusivity rights for the exhibition of stituted pursuant to this section may the program in question. Contracts en- be carried to their completion. tered on or after August 18, 1988, must [54 FR 12920, Mar. 29, 1989] contain the following words: ‘‘the licensee [or substitute name] shall, by § 76.163 Effective dates. the terms of this contract, be entitled No cable system shall be required to to invoke the protection against dupli- delete programming pursuant to the cation of programming imported under provisions of §§ 76.151 through 76.159 the Compulsory Copyright License, as prior to January 1, 1990. provided in § 76.151 of the FCC rules [or ‘as provided in the FCC’s syndicated [54 FR 12920, Mar. 29, 1989] exclusivity rules’].’’ Contracts entered into prior toAugust 18, 1988, must con- Subpart G—Cablecasting tain either the foregoing language or a clear and specific reference to the li- § 76.205 Origination cablecasts by legally qualified candidates for public censee’s authority to exercise exclu- office; equal opportunities. sivity rights as to the specific programming against cable television (a) General requirements. No cable tel- broadcast signal carriage by the cable evision system is required to permit system in question upon the contin- the use of its facilities by any legally gency that the government reimposed qualified candidate for public office, syndicated exclusivity protection. In but if any system shall permit any the absence of such a specific reference such candidate to use its facilities, it in contracts entered into prior to Au- shall afford equal opportunities to all gust 18, 1988, the provisions of these other candidates for that office to use rules may be invoked only if (a) the such facilities. Such system shall have contract is amended to include the spe- no power of censorship over the mate- cific language referenced above or (b) a rial broadcast by any such candidate. specific written acknowledgment is ob- Appearance by a legally qualified can- tained from the party from whom the didate on any: broadcast exhibition rights were ob- (1) Bona fide newscast; tained that the existing contract was (2) Bona fide news interview; intended, or should now be construed (3) Bona fide news documentary (if by agreement of the parties, to include the appearance of the candidate is inci- such rights. A general acknowledgment dental to the presentation of the sub- by a supplier of exhibition rights that ject or subjects covered by the news specific contract language was in- documentary); or tended to convey rights under these (4) On-the-spot coverage of bona fide rules will be accepted with respect to news events (including, but not limited all contracts containing that specific to political conventions and activities language. Nothing in this Section shall incidental thereto) shall not be deemed be construed as a grant of exclusive to be use of a system. (section 315(a) of rights to a broadcaster where such the Communications Act.) rights are not agreed to by the parties. (b) Uses. As used in this section and § 76.206, the term ‘‘use’’ means a can- [54 FR 12919, Mar. 29, 1989] didate appearance (including by voice or picture) that is not exempt under § 76.161 Substitutions. paragraphs 76.205 (a)(1) through (a)(4) of Whenever, pursuant to the require- this section. ments of the syndicated exclusivity (c) Timing of request. A request for rules, a community unit is required to equal opportunities must be submitted delete a television program on a broad- to the system within 1 week of the day cast signal that is permitted to be car- on which the first prior use giving rise

563

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00563 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.206 47 CFR Ch. I (10–1–99 Edition)

to the right of equal opportunities oc- advertisers that enhance the value of curred: Provided, however, That where advertising spots must be disclosed and the person was not a candidate at the made available to candidates upon time of such first prior use, he or she equal terms. Such practices include but shall submit his or her request within are not limited to any discount privi- 1 week of the first subsequent use after leges that affect the value of adver- he or she has become a legally quali- tising, such as bonus spots, time-sen- fied candidate for the office in ques- sitive make goods, preemption prior- tion. ities, or any other factors that enhance (d) Burden of proof. A candidate re- the value of the announcement. questing equal opportunities of the sys- (ii) The Commission recognizes non- tem or complaining of noncompliance preemptible, preemptible with notice, to the Commission shall have the bur- immediately preemptible and run-of- den of proving that he or she and his or schedule as distinct classes of time. her opponent are legally qualified can- (iii) Systems may establish and de- didates for the same public office. fine their own reasonable classes of im- (e) Discrimination between candidates. mediately preemptible time so long as In making time available to candidates the differences between such classes for public office, no system shall make are based on one or more demonstrable any discrimination between candidates benefits associated with each class and in practices, regulations, facilities, or are not based solely upon price or iden- services for or in connection with the tity of the advertiser. Such demon- service rendered pursuant to this part, strable benefits include, but are not or make or give any preference to any limited to, varying levels of preemp- candidate for public office or subject tion protection, scheduling flexibility, any such candidate to any prejudice or or associated privileges, such as guar- disadvantage; nor shall any system anteed time-sensitive make goods. Sys- make any contract or other agreement tems may not use class distinctions to which shall have the effect of permit- defeat the purpose of the lowest unit ting any legally qualified candidate for charge requirement. All classes must any public office to cablecast to the ex- be fully disclosed and made available clusion of other legally qualified can- to candidates. didates for the same public office. (iv) Systems may establish reason- [57 FR 210, Jan. 3, 1992, as amended at 59 FR able classes of preemptible with notice 14568, Mar. 29, 1994] time so long as they clearly define all such classes, fully disclose them and § 76.206 Candidate rates. make them available to candidates. (a) Charges for use of cable television (v) Systems may treat non- systems. The charges, if any, made for preemptible and fixed position as dis- the use of any system by any person tinct classes of time provided that sys- who is a legally qualified candidate for tems articulate clearly the differences 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) Systems shall not establish a (1) During the 45 days preceding the separate, premium-priced class of time date of a primary or primary runoff sold only to candidates. Systems 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- system 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 system 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 sys- culated on a weekly basis with respect tem practices offered to commercial to time that is sold on a weekly basis,

564

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00564 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.206

such as rotations through particular able program or daypart, the value of programs or dayparts. Systems elect- such make good must be included in ing to calculate the lowest unit charge the calculation of the lowest unit by such a method must include in that charge for that program or daypart. calculation all rates for all announce- (2) At any time other than the re- ments scheduled in the rotation, in- spective periods set forth in paragraph cluding announcements aired under (a)(1) of this section, systems may long-term advertising contracts. Sys- charge legally qualified candidates for tems may implement rate increases public office no more than the charges during election periods only to the ex- made for comparable use of the system tent that such increases constitute by commercial advertisers. The rates, ‘‘ordinary business practices,’’ such as if any, charged all such candidates for seasonal program changes or changes the same office shall be uniform and in audience ratings. shall not be rebated by any means, di- (ix) Systems shall review their adver- rect or indirect. A candidate shall be tising records periodically throughout charged no more than the rate the sys- the election period to determine tem would charge for comparable com- whether compliance with this section mercial advertising. All discount privi- requires that candidates receive re- leges otherwise offered by a system to bates or credits. Where necessary, sys- commercial advertisers must be dis- tems shall issue such rebates or credits closed and made available upon equal promptly. terms to all candidates for public of- (x) Unit rates charged as part of any fice. package, whether individually nego- (b) If a system permits a candidate to tiated or generally available to all ad- use its cablecast facilities, the system vertisers, must be included in the low- shall make all discount privileges of- est unit charge calculation for the fered to commercial advertisers, in- same class and length of time in the cluding the lowest unit charges for same time period. A candidate cannot each class and length of time in the be required to purchase advertising in same time period and all corresponding every program or daypart in a package discount privileges, available on equal as a condition for obtaining package terms to all candidates. This duty in- unit rates. cludes an affirmative duty to disclose (xi) Systems are not required to in- to candidates information about rates, clude non-cash promotional merchan- terms, conditions and all value-enhanc- dising incentives in lowest unit charge ing discount privileges offered to com- calculations; provided, however, that mercial advertisers. Systems may use all such incentives must be offered to reasonable discretion in making the candidates as part of any purchases disclosure; provided, however, that the permitted by the system. Bonus spots, disclosure includes, at a minimum, the however, must be included in the cal- following information: culation of the lowest unit charge cal- (1) A description and definition of culation. each class of time available to com- (xii) Make goods, defined as the re- mercial advertisers sufficiently com- scheduling of preempted advertising, plete enough to allow candidates to shall be provided to candidates prior to identify and understand what specific election day if a system has provided a attributes differentiate each class; time-sensitive make good during the (2) A description of the lowest unit year preceding the pre-election periods, charge and related privileges (such as respectively set forth in paragraph priorities against preemption and (a)(1) of this section, to any commer- make goods prior to specific deadlines) cial advertiser who purchased time in for each class of time offered to com- the same class. mercial advertisers; (xiii) Systems must disclose and (3) A description of the system’s make available to candidates any method of selling preemptible time make good policies provided to com- based upon advertiser demand, commercial advertisers. If a system places monly known as the ‘‘current selling a make good for any commercial adver- level,’’ with the stipulation that can- tiser or other candidate in a more valu- didates will be able to purchase at

565

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00565 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.207 47 CFR Ch. I (10–1–99 Edition)

these demand-generated rates in the (b) When, during such origination same manner as commercial adver- cablecasting, an attack is made upon tisers; the honesty, character, integrity, or (4) An approximation of the likeli- like personal qualities of an identified hood of preemption for each kind of person or group, the cable television preemptible time; and system operator shall, within a reason- (5) An explanation of the system’s able time and in no event later than sales practices, if any, that are based one (1) week after the attack, transmit on audience delivery, with the stipula- to the person or group attacked: tion that candidates will be able to (1) Notification of the date, time, and purchase this kind of time, if available identification of the cablecast; to commercial advertisers. (c) Once disclosure is made, systems (2) A script or tape (or an accurate shall negotiate in good faith to actu- summary if a script or tape is not ally sell time to candidates in accord- available) of the attack; and ance with the disclosure. (3) An offer of a reasonable opportunity to respond over the system’s fa- [57 FR 210, Jan. 3, 1992, as amended at 57 FR cilities. 27709, June 22, 1992] (c) The provisions of paragraph (b) of § 76.207 Political file. this section shall not apply to cable- (a) Every cable television system cast material which falls within one or shall keep and permit public inspection more of the following categories: of a complete and orderly record (polit- (1) Personal attacks on foreign ical file) of all requests for cablecast groups or foreign public figures; time made by or on behalf of a can- (2) Personal attacks occurring during didate for public office, together with uses by legally qualified candidates. an appropriate notation showing the (3) Personal attacks made during disposition made by the system of such cablecasts not included in paragraph requests, and the charges made, if any, (b)(2) of this section and made by le- if the request is granted. The ‘‘disposi- gally qualified candidates, their au- tion’’ includes the schedule of time thorized spokespersons or those associ- purchased, when spots actually aired, ated with them in the campaign, on the rates charged, and the classes of other such candidates, their authorized time purchased. spokespersons or persons associated (b) When free time is provided for use with the candidates in the campaign; by or on behalf of candidates, a record and of the free time provided shall be (4) Bona fide newscasts, bona fide placed in the political file. news interviews, and on-the-spot cov- (c) All records required by this para- erage of bona fide news events (includ- graph shall be placed in the political file as soon as possible and shall be re- ing commentary or analysis contained tained for a period of two years. As in the foregoing programs, but, the soon as possible means immediately provisions of paragraph (b) of this sec- absent unusual circumstances. tion shall be applicable to editorials of the cable television system operator). [57 FR 212, Jan. 3, 1992] (d) Where a cable television system § 76.209 Fairness doctrine; personal at- operator, in an editorial, (1) endorses tacks; political editorials. or (2) opposes a legally qualified candidate or candidates, the system oper- (a) A cable television system operator engaging in origination ator shall, within 24 hours of the edi- cablecasting shall afford reasonable op- torial, transmit to respectively (i) the portunity for the discussion of con- other qualified candidate or candidates flicting views on issues of public im- for the same office, or (ii) the can- portance. didate opposed in the editorial, (a) notification of the date, time, and chan- NOTE: See public notice, ‘‘Applicability of nel of the editorial; (b) a script or tape the Fairness Doctrine in the Handling of Controversial Issues of Public Importance,’’ of the editorial; and (c) an offer of a 29 FR 10415. reasonable opportunity for a candidate

566

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00566 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.221

or a spokesman of the candidate to re- (i) By a cable system located in that spond over the system’s facilities: Pro- State; vided, however, That where such edi- (ii) By a cable system located in an- torials are cablecast within 72 hours other State which conducts such a lot- prior to the day of the election, the tery; or system operator shall comply with the (iii) By a cable system located in an- provisions of this paragraph suffi- other State which is integrated with a ciently far in advance of the broadcast cable system described in paragraphs to enable the candidate or candidates (c)(1)(i) or (c)(1)(ii) of this section, if to have a reasonable opportunity to termination of the receipt of such prepare a response and to present it in transmission by the cable systems in a timely fashion. such other State would be technically infeasible. [37 FR 3278, Feb. 12, 1972, as amended at 42 (2) Any gaming conducted by an In- FR 19347, Apr. 13, 1977; 44 FR 45956, Aug. 6, dian Tribe pursuant to the Indian Gam- 1979] ing Regulatory Act. (25 U.S.C. 2701 et § 76.213 Lotteries. seq.). (3) A lottery, gift enterprise or simi- (a) No cable television system oper- lar scheme, other than one described in ator, except as in paragraph (c), when paragraph (c)(1) of this section, that is engaged in origination cablecasting authorized or not otherwise prohibited shall transmit or permit to be trans- by the State in which it is conducted mitted on the origination cablecasting and which is: channel or channels any advertisement (i) Conducted by a not-for-profit or- of or information concerning any lot- ganization or a governmental organiza- tery, gift, enterprise, or similar tion; or scheme, offering prizes dependent in (ii) Conducted as a promotional ac- whole or in part upon lot or chance, or tivity by a commercial organization any list of prizes drawn or awarded by and is clearly occasional and ancillary means of any such lottery, gift enter- to the primary business of that organi- prise, or scheme, whether said list con- zation. tains any part or all of such prizes. (d) For the purposes of paragraph (c) (b) The determination whether a par- lottery means the pooling of proceeds ticular program comes within the pro- derived from the sale of tickets or visions of paragraph (a) of this section chances and allotting those proceeds or depends on the facts of each case. How- parts thereof by chance to one or more ever, the Commission will in any event chance takers or ticket purchasers. It consider that a program comes within does not include the placing or accept- the provisions of paragraph (a) of this ing of bets or wagers on sporting section if in connection with such pro- events or contests. gram a prize consisting of money or (e) For purposes of paragraph (c)(3)(i) thing of value is awarded to any person of this section, the term ‘‘not-for-profit whose selection is dependent in whole organization’’ means any organization or in part upon lot or chance, if as a that would qualify as tax exempt under condition of winning or competing for section 501 of the Internal Revenue such prize, such winner or winners are Code of 1986. required to furnish any money or thing of value or are required to have in their [37 FR 3278, Feb. 12, 1972, as amended at 40 FR 6210, Feb. 10, 1975; 42 FR 13947, Apr. 13, possession any product sold, manufac- 1977; 54 FR 20856, May 15, 1989; 55 FR 18888, tured, furnished, or distributed by a May 7, 1990] sponsor of a program cablecast on the system in question. § 76.221 Sponsorship identification; list (c) The provisions of paragraphs (a) retention; related requirements. and (b) of this section shall not apply (a) When a cable television system to advertisements or lists of prizes or operator engaged in origination information concerning: cablecasting presents any matter for (1) A lottery conducted by a State which money, service, or other valu- acting under authority of State law able consideration is either directly or which is transmitted: indirectly paid or promised to, or

567

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00567 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.221 47 CFR Ch. I (10–1–99 Edition)

charged or accepted by such cable tele- vided, however, That in the case of any vision system operator, the cable tele- cablecast of 5 minutes’ duration or vision system operator, at the time of less, only one such announcement need the cablecast, shall announce that such be made either at the beginning or con- matter is sponsored, paid for, or fur- clusion of the cablecast. nished, either in whole or in part, and (d) The announcement required by by whom or on whose behalf such con- this section shall, in addition to stat- sideration was supplied: Provided, how- ing the fact that the origination ever, That ‘‘service or other valuable cablecasting matter was sponsored, consideration’’ shall not include any paid for or furnished, fully and fairly service or property furnished either disclose the true identity of the person without or at a nominal charge for use or persons, or corporation, committee, on, or in connection with, a cablecast association or other unincorporated unless it is so furnished in consider- group, or other entity by whom or on ation for an identification of any per- whose behalf such payment is made or son, product, service, trademark, or promised, or from whom or on whose brand name beyond an identification behalf such services or other valuable reasonably related to the use of such consideration is received, or by whom service or property on the cablecast. the material or services referred to in For the purposes of this section, the paragraph (c)of this section are fur- term ‘‘sponsored’’ shall be deemed to nished. Where an agent or other person have the same meaning as ‘‘paid for.’’ or entity contracts or otherwise makes In the case of any political advertise- arrangements with a cable television ment cablecast under this paragraph system operator on behalf of another, that concerns candidates for public of- and such fact is known or by the exer- fice, the sponsor shall be identified cise of reasonable diligence, as speci- with letters equal to or greater than fied in paragraph (b) of this section, four percent of the vertical picture could be known to the system operator, height that air for not less than four the announcement shall disclose the seconds. identity of the person or persons or en- (b) Each cable television system op- tity on whose behalf such agent is act- erator engaged in origination ing instead of the name of such agent. cablecasting shall exercise reasonable Where the origination cablecasting ma- diligence to obtain from employees, terial is political matter or matter in- and from other persons with whom the volving the discussion of a controver- system operator deals directly in con- sial issue of public importance and a nection with any matter for corporation, committee, association or cablecasting, information to enable other unincorporated group, or other such system operator to make the an- entity is paying for or furnishing the nouncement required by this section. matter, the system operator shall, in (c) In the case of any political origi- addition to making the announcement nation cablecast matter or any origina- required by this section, require that a tion cablecast matter involving the list of the chief executive officers or discussion of public controversial members of the executive committee issues for which any film, record, tran- or of the board of directors of the cor- scription, talent, script, or other mate- poration, committee, association or rial or service of any kind is furnished, other unincorporated group, or other either directly or indirectly, to a cable entity shall be made available for pub- television system operator as an in- lic inspection at the local office of the ducement for cablecasting such matter, system. Such lists shall be kept and an announcement shall be made both made available for a period of two at the beginning and conclusion of such years. cablecast on which such material or (e) In the case of origination cable- service is used that such film, record, cast matter advertising commercial transcription, talent, script, or other products or services, an announcement material or service has been furnished stating the sponsor’s corporate or to such cable television system oper- trade name, or the name of the spon- ator in connection with the trans- sor’s product, when it is clear that the mission of such cablecast matter: Pro- mention of the name of the product

568

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00568 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.227

constitutes a sponsorship identifica- § 76.225 Commercial limits in chil- tion, shall be deemed sufficient for the dren’s programs. purposes of this section and only one (a) No cable operator shall air more such announcement need be made at than 10.5 minutes of commercial mat- any time during the course of the ca- ter per hour during children’s program- blecast. ming on weekends, or more than 12 (f) The announcement otherwise re- minutes of commercial matter per quired by this section is waived with hour on weekdays. respect to the origination cablecast or (b) This rule shall not apply to pro- ‘‘want ad’’ or classified advertisements grams aired on a broadcast television sponsored by an individual. The waiver channel which the cable operator pas- granted in this paragraph shall not ex- sively carries, or to access channels tend to a classified advertisement or over which the cable operator may not want and sponsorship by any form of exercise editorial control, pursuant to business enterprise, corporate or other- 47 U.S.C. 531(e) and 532(c)(2). wise. Whenever sponsorship announce- (c) Cable operators must maintain ments are omitted pursuant to this records sufficient to verify compliance paragraph, the cable television system with this rule and make such records operator shall observe the following available to the public. Such records conditions: must be retained for a period sufficient (1) Maintain a list showing the name, to cover the limitations period speci- address, and (where available) the tele- fied in 47 U.S.C. 503(b)(6)(B). phone number of each advertiser; NOTE 1: Commercial matter means air time (2) Make this list available to mem- sold for purposes of selling a product or serv- bers of the public who have a legiti- ice. mate interest in obtaining the informa- NOTE 2: For purposes of this section, chil- tion contained in the list. dren’s programming refers to programs origi- (g) The announcements required by nally produced and broadcast primarily for this section are waived with respect to an audience of children 12 years old and feature motion picture film produced younger. initially and primarily for theatre exhibition. [56 FR 19616, Apr. 29, 1991]

NOTE: The waiver heretofore granted by § 76.227 Blocking of indecent sexually- the Commission in its Report and Order, oriented programming channels. adopted November 16, 1960 (FCC 60–1369; 40 (a) In providing sexually explicit F.C.C. 95), continues to apply to programs adult programming or other program- filmed or recorded on or before June 20, 1963, when § 73.654(e), the predecessor television ming that is indecent on any channel rule, went into effect. of its service primarily dedicated to sexually-oriented programming, a mul- (h) Commission interpretations in tichannel video programming dis- connection with the provisions of the tributor shall fully scramble or other- sponsorship identification rules for the wise fully block the video and audio broadcasting services are contained in portion of such channel so that one not the Commission’s Public Notice, enti- a subscriber to such channel or pro- tled ‘‘Applicability of Sponsorship gramming does not receive it. Indentification Rules,’’ dated May 6, (b) Until a multichannel video pro- 1963 (40 F.C.C. 141), as modified by Pub- gramming distributor complies with lic Notice, dated April 21, 1975 (FCC 75– the requirement set forth in paragraph 418). Further interpretations are print- (a) of this section, the multichannel ed in full in various volumes of the video programming distributor shall Federal Communications Commission not provide the programming referred Reports. The interpretations made for to in paragraph (a) of this section be- the broadcasting services are equally tween the hours of 6 a.m. and 10 p.m. applicable to origination cablecasting. (c) Scramble means to rearrange the [39 FR 18401, Apr. 28, 1974, as amended at 42 content of the signal of the program- FR 19348, Apr. 13, 1977; 42 FR 23510, May 9, ming so that the programming cannot 1977; 57 FR 212, Jan. 3, 1992; 57 FR 8279, Mar. be viewed or heard in an understand- 9, 1992] able manner.

569

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00569 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.300 47 CFR Ch. I (10–1–99 Edition)

(d) Sexually explicit adult program- requirements pursuant to § 76.56. Such ming or other programming that is in- list shall include the call sign, commu- decent means any programming that nity of license, broadcast channel num- describes or depicts sexual or excretory ber, cable channel number, and in the activities or organs in a patently offen- case of a noncommercial educational sive manner as measured by contem- broadcast station, whether that station porary community standards for the was carried by the cable system on cable or other multichannel video pro- March 29, 1990. gramming distribution medium. (b) The operator of every cable television system shall maintain for public [61 FR 9650, Mar. 11, 1996] inspection the designation and location of its principal headend. Subpart H—General Operating (c) Such records must be maintained Requirements in accordance with the provisions of § 76.305(b). § 76.300 Scope of application. (d) Upon written request from any (a) The provisions of §§ 76.302, 76.306, person, a cable operator is required to and 76.307 are applicable to all cable provide the list of signals specified in television systems. paragraph (a) of this section in writing (b) The provisions of §§ 76.301 and within 30 days of receipt of such re- 76.305 are not applicable to any cable quest. television system serving fewer than [58 FR 17364, Apr. 2, 1993] 1,000 subscribers. § 76.305 Records to be maintained lo- (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, cally by cable system operators for 48 Stat., as amended, 1064, 1065, 1066, 1068, public inspection. 1081, 1082, 1083, 1084, 1085, 1088, 1089; (47 U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)) (a) Records to be maintained. The operator of every cable television system [42 FR 19349, Apr. 13, 1977, as amended at 43 having 1,000 or more subscribers shall FR 20235, May 11, 1978; 58 FR 17364, Apr. 2, maintain for public inspection a file 1993] containing a copy of all records which § 76.301 Copies of rules. are required to be kept by § 76.207 (political file); 76.221(f) (sponsorship iden- The operator of a cable television tifications); 76.79 (EEO records avail- system shall have a current copy of able for public inspection); 76.225(c) Part 76 and, if subject to the Emer- (commerical records for children’s pro- gency Alert System (EAS) rules con- gramming); 76.601(c) (proof-of-perform- tained in Part 11 of this chapter, an ance test data); 76.601(e) (signal leak- EAS Operating Handbook, and is ex- age logs and repair records) and pected to be familiar with the rules § 76.701(h)(records for leased access). governing cable television systems and (1) A record shall be kept of each test the EAS. Copies of the Commission’s and activation of the Emergency Alert Rules may be obtained from the Super- System (EAS) procedures pursuant to intendent of Documents, Government the requirement of part 11 of this chap- Printing Office, Washington, D.C. 20402, ter and the EAS Operating Handbook. at nominal cost. Copies of the EAS Op- These records shall be kept for three erating Handbook may be obtained years. from the Commission’s EAS staff, in (2) [Reserved] Washington, DC. (b) Location of records. The public in- [59 FR 67103, Dec. 28, 1994] spection file shall be maintained at the office which the system operator main- § 76.302 Required recordkeeping for tains for the ordinary collection of sub- must-carry purposes. scriber charges, resolution of sub- (a) Effective June 17, 1993, the oper- scriber complaints, and other business ator of every cable television system or at any accessible place in the com- shall maintain for public inspection a munity served by the system unit(s) file containing a list of all broadcast (such as a public registry for docu- television stations carried by its sys- ments or an attorney’s office). The tem in fulfillment of the must-carry public inspection file shall be available

570

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00570 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.309

for public inspection at any time dur- (2) A franchising authority from en- ing regular business hours. forcing, through the end of the fran- (c) The records specified in paragraph chise term, pre-existing customer serv- (a) of this section shall be retained for ice requirements that exceed the stand- the period specified in §§ 76.207, 76.221(f), ards set forth in paragraph (c) of this 76.79, 76.225(c), 76.601(c), and 76.601(e), section and are contained in current respectively. franchise agreements; (d) Reproduction of records. Copies of (3) Any State or any franchising au- any material in the public inspection thority from enacting or enforcing any file shall be available for machine re- consumer protection law, to the extent production upon request made in per- not specifically preempted herein; or son, provided the requesting party (4) The establishment or enforcement shall pay the reasonable cost of repro- of any State or municipal law or regu- duction. Requests for machine copies lation concerning customer service shall be fulfilled at a location specified that imposes customer service require- by the system operator, within a rea- ments that exceed, or address matters sonable period of time, which in no not addressed by the standards set event shall be longer than seven days. forth in paragraph (c) of this section. The system operator is not required to (c) Effective July 1, 1993, a cable op- honor requests made by mail but may erator shall be subject to the following do so if it chooses. customer service standards: (1) Cable system office hours and (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, telephone availability— 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; (47 U.S.C. (i) The cable operator will maintain a 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)) local, toll-free or collect call telephone access line which will be available to [39 FR 29186, Aug. 14, 1974, as amended at 40 its subscribers 24 hours a day, seven FR 25024, June 12, 1975; 42 FR 19349, Apr. 13, 1977; 51 FR 26251, July 22, 1986; 56 FR 19617, days a week. Apr. 29, 1991; 57 FR 11001, Apr. 1, 1992; 58 FR (A) Trained company representatives 7993, Feb. 11, 1993; 59 FR 67103, Dec. 28, 1994] will be available to respond to customer telephone inquiries during nor- § 76.307 System inspection. mal business hours. The operator of a cable television (B) After normal business hours, the system shall make the system, its pub- access line may be answered by a serv- lic inspection file (if required by ice or an automated response system, § 76.305), and its records of subscribers including an answering machine. In- available for inspection upon request quiries received after normal business by any authorized representative of the hours must be responded to by a Commission at any reasonable hour. trained company representative on the next business day. [42 FR 19349, Apr. 13, 1977] (ii) Under normal operating conditions, telephone answer time by a cus- § 76.309 Customer service obligations. tomer representative, including wait (a) A cable franchise authority may time, shall not exceed thirty (30) sec- enforce the customer service standards onds when the connection is made. If set forth in paragraph (c) of this sec- the call needs to be transferred, trans- tion against cable operators. The fran- fer time shall not exceed thirty (30) chise authority must provide affected seconds. These standards shall be met cable operators ninety (90) days writ- no less than ninety (90) percent of the ten notice of its intent to enforce the time under normal operating condi- standards. tions, measured on a quarterly basis. (b) Nothing in this rule should be (iii) The operator will not be required construed to prevent or prohibit: to acquire equipment or perform sur- (1) A franchising authority and a veys to measure compliance with the cable operator from agreeing to cus- telephone answering standards above tomer service requirements that ex- unless an historical record of com- ceed the standards set forth in para- plaints indicates a clear failure to com- graph (c) of this section; ply.

571

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00571 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.309 47 CFR Ch. I (10–1–99 Edition)

(iv) Under normal operating condi- of service, at least annually to all sub- tions, the customer will receive a busy scribers, and at any time upon request: signal less than three (3) percent of the (1) Products and services offered; time. (2) Prices and options for program- (v) Customer service center and bill ming services and conditions of sub- payment locations will be open at least scription to programming and other during normal business hours and will services; be conveniently located. (3) Installation and service mainte- (2) Installations, outages and service nance policies; calls. Under normal operating condi- (4) Instructions on how to use the tions, each of the following four stand- cable service; ards will be met no less than ninety (5) Channel positions programming five (95) percent of the time measured carried on the system; and, on a quarterly basis: (6) Billing and complaint procedures, (i) Standard installations will be per- including the address and telephone formed within seven (7) business days number of the local franchise after an order has been placed. ‘‘Stand- authority’s cable office. ard’’ installations are those that are (B) Customers will be notified of any located up to 125 feet from the existing changes in rates, programming services distribution system. or channel positions as soon as possible in writing. Notice must be given to (ii) Excluding conditions beyond the subscribers a minimum of thirty (30) control of the operator, the cable oper- days in advance of such changes if the ator will begin working on ‘‘service change is within the control of the interruptions’’ promptly and in no cable operator. In addition, the cable event later than 24 hours after the operator shall notify subscribers thirty interruption becomes known. The cable (30) days in advance of any significant operator must begin actions to correct changes in the other information re- other service problems the next busi- quired by paragraph (c)(3)(i)(A) of this ness day after notification of the serv- section. Notwithstanding any other ice problem. provision of Part 76, a cable operator (iii) The ‘‘appointment window’’ al- shall not be required to provide prior ternatives for installations, service notice of any rate change that is the calls, and other installation activities result of a regulatory fee, franchise fee, will be either a specific time or, at or any other fee, tax, assessment, or maximum, a four-hour time block dur- charge of any kind imposed by any ing normal business hours. (The oper- Federal agency, State, or franchising ator may schedule service calls and authority on the transaction between other installation activities outside of the operator and the subscriber. normal business hours for the express (ii) Billing— convenience of the customer.) (A) Bills will be clear, concise and (iv) An operator may not cancel an understandable. Bills must be fully appointment with a customer after the itemized, with itemizations including, close of business on the business day but not limited to, basic and premium prior to the scheduled appointment. service charges and equipment charges. (v) If a cable operator representative Bills will also clearly delineate all ac- is running late for an appointment tivity during the billing period, includ- with a customer and will not be able to ing optional charges, rebates and cred- keep the appointment as scheduled, the its. customer will be contacted. The ap- (B) In case of a billing dispute, the pointment will be rescheduled, as nec- cable operator must respond to a writ- essary, at a time which is convenient ten complaint from a subscriber within for the customer. 30 days. (3) Communications between cable (iii) Refunds—Refund checks will be operators and cable subscribers— issued promptly, but no later than ei- (i) Notifications to subscribers— ther— (A) The cable operator shall provide (A) The customer’s next billing cycle written information on each of the fol- following resolution of the request or lowing areas at the time of installation thirty (30) days, whichever is earlier, or

572

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00572 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.403

(B) The return of the equipment sup- nications with the Commisson shall be plied by the cable operator if service is supplied; terminated. (b) The assumed name (if any) used (iv) Credits—Credits for service will for doing business in each community; be issued no later than the customer’s (c) The new mail address, including next billing cycle following the deter- zip code, to which all communications mination that a credit is warranted. are to be directed; (4) Definitions— (d) The nature of the operational sta- (i) Normal business hours—The term tus change (e.g., became operational on ‘‘normal business hours’’ means those (year) (month), exceeded 49 subscribers, hours during which most similar busi- exceeded 499 subscribers, operation ter- nesses in the community are open to minated temporarily, operation termi- serve customers. In all cases, ‘‘normal nated permanently); business hours’’ must include some (e) The names and FCC identifiers evening hours at least one night per (e.g., CA0001) of the system commu- week and/or some weekend hours. nities affected. (ii) Normal operating conditions—The term ‘‘normal operating conditions’’ NOTE: FCC system community identifiers means those service conditions which are routinely assigned upon registration. They have been assigned to all reported sys- are within the control of the cable op- tem communities based on previous Form 325 erator. Those conditions which are not data. If a system community in operation within the control of the cable oper- prior to March 31, 1972, has not previously ator include, but are not limited to, been assigned a system community identi- natural disasters, civil disturbances, fier, the operator shall provide the following power outages, telephone network out- information in lieu of the identifier: Commu- ages, and severe or unusual weather nity Name, Community Type (i.e., incor- conditions. Those conditions which are porated town, unincorporated settlement, etc.) County Name, State, Operator Legal ordinarily within the control of the Name, Operator Assumed Name for Doing cable operator include, but are not lim- Business in the community, Operator Mail ited to, special promotions, pay-per- Address, and Year and Month service was view events, rate increases, regular first provided by the physical system. peak or seasonal demand periods, and maintenance or upgrade of the cable [42 FR 20134, Apr. 18, 1977, as amended at 43 system. FR 49009, Oct. 20, 1978; 54 FR 41843, Oct. 12, (iii) Service interruption—The term 1989] ‘‘service interruption’’ means the loss § 76.403 Cable television system re- of picture or sound on one or more ports. cable channels. The operator of every operational [58 FR 21109, Apr. 19, 1993, as amended at 61 cable television system that serves FR 18977, Apr. 30, 1996] 20,000 or more subscribers shall file with the Commission a Form 325 solic- Subpart I—Forms and Reports iting general information and frequency and signal distribution infor- § 76.400 Operator, mail address, and mation on a Physical System Identi- operational status changes. fication Number (‘‘PSID’’) basis. These Within 30 days following a change of forms shall be completed and returned Cable Television System Operator, and/ to the Commission within 60 days after or change of the operator’s mail ad- the date of receipt by the operator. dress, and/or change in the operational NOTE: The Commission retains its author- status of a cable television system, the ity to require Form 325 to be filed by a sam- Operator shall inform the Commission pling of cable operators with less than 20,000 in writing of the following, as appro- subscribers. priate; [64 FR 28108, May 25, 1999] (a) The legal name of the operator and whether the operator is an indi- EFFECTIVE DATE NOTE: At 64 FR 28108, May 25, 1999, § 76.403 was revised. This section con- vidual, private association, partnership tains information collection and record- or corporation. See § 76.5(cc). If the op- keeping requirements and will not become erator is a partnership, the legal name effective until approval has been given by of the partner responsible for commu- the Office of Management and Budget.

573

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00573 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.501 47 CFR Ch. I (10–1–99 Edition)

Subpart J—Ownership of Cable (2) A cable operator may directly or Systems indirectly, through an affiliate owned, operated, controlled by, or under com- § 76.501 Cross-ownership. mon control with the cable operator, (a) No cable television system (in- offer service within its franchise area cluding all parties under common con- through SMATV facilities, provided trol) shall carry the signal of any tele- such service is offered in accordance vision broadcast station if such system with the terms and conditions of a directly or indirectly owns, operates, cable franchise agreement. (f) The restrictions in paragraphs (d) controls, or has an interest in a TV and (e) of this section shall not apply broadcast station whose predicted to any cable operator in any franchise Grade B contour, computed in accord- area in which a cable operator is sub- ance with § 73.684 of part 73 of this ject to effective competition as deter- chapter, overlaps in whole or in part mined under section 623(l) of the Com- the service area of such system (i.e., munications Act. the area within which the system is serving subscribers). NOTE 1: The word ‘‘control’’ as used herein (b) [Reserved] is not limited to majority stock ownership, (c) Effective date. The provisions of but includes actual working control in what- paragraph (a) of this section are not ef- ever manner exercised. fective until November 8, 1987, as to NOTE 2: In applying the provisions of this ownership interests proscribed herein if section, ownership and other interests in such interests were in existence on or broadcast licensees and cable television systems will be attributed to their holders and before July 1, 1970 (e.g., if franchise deemed cognizable pursuant to the following were in existence on or before July criteria: 1970), and will be applied to cause di- (a) Except as otherwise provided herein, vestiture as to ownership interests pro- partnership and direct ownership interest scribed herein only where the cable and any voting stock interest amounting to system is directly or indirectly, owned, 5% or more of the outstanding voting stock operated, controlled by, or has an in- of a corporate broadcast licensee or cable terest in a non-satellite television television system will be cognizable; (b) No minority voting stock interest will broadcast station which places a prin- be cognizable if there is a single holder of cipal community contour encom- more than 50% of the outstanding voting passing the entire community and stock of the corporate broadcast licensee or there is no other commercial non-sat- cable television system in which the minor- ellite television broadcast station plac- ity interest is held; ing a principal community contour en- (c) Investment companies, as defined in 15 compassing the entire community. U.S.C. 80a–3, insurance companies and banks (d) No cable operator shall offer sat- holding stock through their trust departments in trust accounts will be considered to ellite master antenna television serv- have a cognizable interest only if they hold ice (‘‘SMATV’’), as that service is de- 10% or more of the outstanding voting stock fined in § 76.5(a)(2), separate and apart of a corporate broadcast licensee or cable from any franchised cable service in television system, or if any of the officers or any portion of the franchise area directors of the broadcast licensee or cable served by that cable operator’s cable television system are representatives of the system, either directly or indirectly investment company, insurance company or through an affiliate owned, operated, bank concerned. Holdings by a bank or insurance company will be aggregated if the bank controlled, or under common control or insurance company has any right to deter- with the cable operator. mine how the stock will be voted. Holdings (e)(1) A cable operator may directly by investment companies will be aggregated or indirectly, through an affiliate if under common management. owned, operated, controlled by, or (d) Attribution of ownership interests in a under common control with the cable broadcast licensee or cable television system operator, offer SMATV service within that are held indirectly by any party its franchise area if the cable opera- through one or more intervening corporations will be determined by successive mul- tor’s SMATV system was owned, oper- tiplication of the ownership percentages for ated, controlled by or under common each link in the vertical ownership chain and control with the cable operator as of application of the relevant attribution October 5, 1992. benchmark to the resulting product, except

574

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00574 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.501

that wherever the ownership percentage for made if the individual or entity making the any link in the chain exceeds 50%, it shall certification has actual knowledge of any not be included for purposes of this mul- material involvement of the limited partners tiplication. [For example, if A owns 10% of in the management or operation of the company X, which owns 60% of company Y, media-related businesses of the partnership. which owns 25% of ‘‘Licensee’’, then X’s in- (h) Officers and directors of a broadcast li- terest in ‘‘Licensee’’ would be 25% (the same censee or cable television system are consid- as Y’s interest since X’s interest in Y ex- ered to have a cognizable interest in the en- ceeds 50%), and A’s interest in ‘‘Licensee’’ tity with which they are so associated. If × would be 2.5% (0.1 0.25). Under the 5% attri- any such entity engages in businesses in ad- bution benchmark, X’s interest in ‘‘Li- dition to its primary business of broad- censee’’ would be cognizable, while A’s inter- casting or cable television service, it may re- est would not be cognizable.] quest the Commission to waive attribution (e) Voting stock interests held in trust for any officer or director whose duties and shall be attributed to any person who holds responsibilities are wholly unrelated to its or shares the power to vote such stock, to primary business. The officers and directors any person who has the sole power to sell of a parent company of a broadcast licensee such stock, and to any person who has the or cable television system, with an attrib- right to revoke the trust at will or to replace utable interest in any such subsidiary enti- the trustee at will. If the trustee has a famil- ty, shall be deemed to have a cognizable in- ial, personal or extra-trust business relation- terest in the subsidiary unless the duties and ship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will responsibilities of the officer or director in- be attributed with the stock interests held in volved are wholly unrelated to the broadcast trust. An otherwise qualified trust will be in- licensee or cable television system sub- effective to insulate the grantor or bene- sidiary, and a statement properly docu- ficiary from attribution with the trust’s as- menting this fact is submitted to the Com- sets unless all voting stock interests held by mission. [This statement may be included on the grantor or beneficiary in the relevant appropriate Ownership Report.] The officers broadcast licensee or cable television system and directors of a sister corporation of a are subject to said trust. broadcast licensee or cable television system (f) Holders of non-voting stock shall not be shall not be attributed with ownership of attributed an interest in the issuing entity. these entities by virtue of such status. Holders of debt and instruments such as war- (i) Discrete ownership interests will be ag- rants, convertible debentures, options or gregated in determining whether or not an other non-voting interests with rights of interest is cognizable under this section. An conversion to voting interests shall not be individual or entity will be deemed to have a attributed unless and until conversion is ef- cognizable investment if: fected. (1) The sum of the interests held by or (g) (1) A limited partnership interest shall through ‘‘passive investors’’ is equal to or be attributed to a limited partner unless exceeds 10 percent; or that partner is not materially involved, di- (2) The sum of the interests other than rectly or indirectly, in the management or those held by or through ‘‘passive investors’’ operation of the media-related activities of is equal to or exceeds 5 percent; or the partnership and the licensee or system so (3) The sum of the interests computed certifies. under paragraph (i)(1) of this note plus the (2) In order for a licensee or system to sum of the interests computed under para- make the certification set forth in paragraph graph (i)(2) of this note is equal to or exceeds (g)(1) of this note, it must verify that the 10 percent. partnership agreement or certificate of limited partnership, with respect to the par- NOTE 3: In cases where record and bene- ticular limited partner exempt from attribu- ficial ownership of voting stock is not iden- tion, establishes that the exempt limited tical (e.g., bank nominees holding stock as partner has not material involvement, di- record owners for the benefit of mutual rectly or indirectly, in the management or funds, brokerage houses holding stock in operation of the media activities of the part- street names for benefit of customers, in- nership. The criteria which would assure vestment advisors holding stock in their own adequate insulation for purposes of this cer- names for the benefit of clients, and insur- tification are described in the Memorandum ance companies holding stock), the party Opinion and Order in MM Docket No. 83–46, having the right to determine how the stock FCC 85–252 (released June 24, 1985) as modi- will be voted will be considered to own it for fied on reconsideration in the Memorandum purposes of this subpart. Opinion and Order in MM Docket No. 83–46, NOTE 4: Paragraph (a) of this section will FCC 86–410 (released November 28, 1986). Irre- not be applied so as to require the divesti- spective of the terms of the certificate of ture of ownership interests proscribed herein limited partnership or partnership agree- solely because of the transfer of such inter- ment, however, no such certification shall be ests to heirs or legatees by will or intestacy,

575

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00575 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.502 47 CFR Ch. I (10–1–99 Edition)

provided that the degree or extent of the pro- a completed FCC Form 394, together scribed cross-ownership is not increased by with all exhibits, and any additional such transfer. information required by the terms of NOTE 5: In applying the provisions of para- the franchise agreement or applicable graphs (d) and (e) of this section, control and state or local law to act upon an appli- an attributable ownership interest shall be cation to sell, assign, or otherwise defined by reference to the definitions contained in Notes 1 through 4, provided how- transfer controlling ownership of a ever, that: cable system. (a) The single majority shareholder provi- (b) A franchise authority that ques- sions of Note 2(b) and the limited partner in- tions the accuracy of the information sulation provisions of Note 2(g) shall not provided under paragraph (a) must no- apply; and tify the cable operator within 30 days (b) The provisions of Note 2(a) regarding of the filing of such information, or five (5) percent interests shall include all such information shall be deemed ac- voting or nonvoting stock or limited part- cepted, unless the cable operator has nership equity interests of five (5) percent or more. failed to provide any additional information reasonably requested by the NOTE 6: In applying the provisions of paragraph (a) of this section, Notes 1 through 4 franchise authority within 10 days of shall apply, provided however that: such request. (a) The attribution benchmark for passive (c) If the franchise authority fails to investors in paragraph (c) of Note 2 shall be act upon such transfer request within 20 percent and the benchmarks in paragraph 120 days, such request shall be deemed (i)(1) and (i)(3) of Note 2 shall be 20 percent; granted unless the franchise authority (b) An interest holder in a Limited Liabil- and the requesting party otherwise ity Company or Registered Limited Liability agree to an extension of time. Partnership shall be subject to the provisions of paragraph (g) of Note 2 in deter- [61 FR 15388, Apr. 8, 1996] mining whether its interest is attributable; and § 76.503 National subscriber limits. (c) Notwithstanding paragraphs (b), (f), and (a) Except as set forth in paragraph (g) of Note 2, the holder of an equity or debt interest or interests in a broadcast licensee (b) of this section no person or entity or cable television system (‘‘interest hold- shall be permitted to reach more than er’’) shall have that interest attributed if: 30 percent of all homes passed nation- (1) The equity (including all stockholdings, wide through cable systems owned by whether voting or nonvoting, common or such person or entity or in which such preferred) and debt interest or interests, in person or entity holds an attributable the aggregate, exceed 33 percent of the total interest. asset value (defined as the aggregate of all (b) Ownership of cable systems reach- equity plus all debt) of that media outlet; ing up to 35 percent of all homes passed and (2)(i) The interest holder also holds an in- nationwide shall be permitted provided terest in another broadcast licensee or cable the additional cable systems, beyond 30 television system which operates in the same percent of homes passed nationwide, market and is attributable without reference are cable systems, beyond 30 percent of to this paragraph (c); or homes passed nationwide, are minor- (ii) The interest holder supplies over fif- ity-controlled. teen percent of the total weekly broadcast (c) Prior to acquiring additional programming hours of the station in which cable systems any person or entity the interest is held. holding an attributable interest in [58 FR 27677, May 11, 1993, as amended at 60 cable systems reaching 20 percent, or FR 37834, July 24, 1995; 61 FR 15388, Apr. 8, more, of homes passed nationwide must 1996; 64 FR 50646, Sept. 17, 1999] certify to the Commission that no vio- EFFECTIVE DATE NOTE: At 64 FR 50646, lation of the national subscriber limits Sept. 17, 1999, § 76.501 was amended by adding prescribed in this section will occur as Note 1, effective Nov. 16, 1999. a result of such acquisition. (d) Minority-controlled means more § 76.502 Time limits applicable to fran- than 50 percent owned by one or more chise authority consideration of members of a minority group. transfer applications. (e) Minority means Black, Hispanic, (a) A franchise authority shall have American Indian, Alaska Native, Asian 120 days from the date of submission of and Pacific Islander.

576

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00576 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.505

(f) Attributable interest shall be de- (h) Attributable interest shall be defined by reference to the criteria set fined by reference to the criteria set forth in the Notes to § 76.501. forth in the Notes to § 76.501. [58 FR 60141, Nov. 15, 1993] [58 FR 60141, Nov. 15, 1993]

§ 76.504 Limits on carriage of § 76.505 Prohibition on buy outs. vertically integrated programming. (a) No local exchange carrier or any (a) Except as otherwise provided in affiliate of such carrier owned by, oper- this section no cable operator shall de- ated by, controlled by, or under com- vote more than 40 percent of its acti- mon control with such carrier may vated channels to the carriage of na- purchase or otherwise acquire directly or indirectly more than a 10 percent fi- tional video programming services nancial interest, or any management owned by the cable operator or in interest, in any cable operator pro- which the cable operator has an attrib- viding cable service within the local utable interest. exchange carrier’s telephone service (b) The channel occupancy limits set area. forth in paragraph (a) of this section (b) No cable operator or affiliate of a shall apply only to channel capacity up cable operator that is owned by, oper- to 75 channels. ated by, controlled by, or under com- (c) A cable operator may devote two mon ownership with such cable oper- additional channels or up to 45 percent ator may purchase or otherwise ac- of its channel capacity, whichever is quire, directly or indirectly, more than greater, to the carriage of video pro- a 10 percent financial interest, or any gramming services owned by the cable management interest, in any local ex- operator or in which the cable operator change carrier providing telephone ex- has an attributable interest provided change service within such cable opera- such video programming services are tor’s franchise area. minority-controlled. (c) A local exchange carrier and a (d) Cable operators carrying video cable operator whose telephone service programming services owned by the area and cable franchise area, respec- cable operator or in which the cable op- tively, are in the same market may not erator holds an attributable interest in enter into any joint venture or part- excess of limits set forth in paragraph nership to provide video programming (a) of this section as of December 4, directly to subscribers or to provide 1992, shall not be precluded by the re- telecommunications services within strictions in this section. such market. (d) Exceptions: (e) Cable operators are required to (1) Notwithstanding paragraphs (a), maintain records in their public file for (b), and (c) of this section, a local ex- a period of three years regarding the change carrier (with respect to a cable nature and extent of their attributable system located in its telephone service interests in all video programming area) and a cable operator (with re- services as well as information regard- spect to the facilities of a local ex- ing their carriage of such vertically in- change carrier used to provide tele- tegrated video programming services phone exchange service in its cable on cable systems in which they also franchise area) may obtain a control- have an attributable interest. These ling interest in, management interest records must be made available to in, or enter into a joint venture or local franchise authorities, the Com- partnership with the operator of such mission, or members of the public on system or facilities for the use of such reasonable notice and during regular system or facilities to the extent that: business hours. (i) Such system or facilities only (f) Minority-controlled means more serve incorporated or unincorporated : than 50 percent owned by one or more (A) Places or territories that have members of a minority group. fewer than 35,000 inhabitants; and (g) Minority means Black, Hispanic, (B) Are outside an urbanized area, as American Indian, Alaska Native, Asian defined by the Bureau of the Census; and Pacific Islander. and

577

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00577 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.505 47 CFR Ch. I (10–1–99 Edition)

(ii) In the case of a local exchange (ii) The cable system is not owned by, carrier, such system, in the aggregate or under common ownership or control with any other system in which such with, any of the 50 largest cable system carrier has an interest, serves less than operators in existence on June 1, 1995; 10 percent of the households in the and telephone service area of such carrier. (iii) The cable system operates in a (2) Notwithstanding paragraph (c) of television market that was not in the this section, a local exchange carrier top 100 television markets as of June 1, may obtain, with the concurrence of 1995. the cable operator on the rates, terms, (5) Notwithstanding paragraphs (a) and conditions, the use of that part of and (c) of this section, a local exchange the transmission facilities of a cable carrier with less than $100,000,000 in an- system extending from the last multi- nual operating revenues (or any affil- user terminal to the premises of the iate of such carrier owned by, operated end user, if such use is reasonably limited in scope and duration, as deter- by, controlled by, or under common mined by the Commission. control with such carrier) may pur- (3) Notwithstanding paragraphs (a) chase or otherwise acquire more than a and (c) of this section, a local exchange 10 percent financial interest in, or any carrier may obtain a controlling inter- management interest in, or enter into est in, or form a joint venture or other a joint venture or partnership with, partnership with, or provide financing any cable system within the local ex- to, a cable system (hereinafter in this change carrier’s telephone service area paragraph referred to as ‘‘the subject that serves no more than 20,000 cable cable system’’) if: subscribers, if no more than 12,000 of (i) The subject cable system operates those subscribers live within an urban- in a television market that is not in ized area, as defined by the Bureau of the top 25 markets, and such market the Census. has more than 1 cable system operator, (6) The Commission may waive the and the subject cable system is not the restrictions of paragraphs (a), (b), or (c) cable system with the most subscribers of this section only if: in such television market; (i) The Commission determines that, (ii) The subject cable system and the because of the nature of the market cable system with the most subscribers served by the affected cable system or in such television market held on May facilities used to provide telephone ex- 1, 1995, cable television franchises from change service: the largest municipality in the tele- (A) The affected cable operator or vision market and the boundaries of local exchange carrier would be sub- such franchises were identical on such jected to undue economic distress by date; the enforcement of such provisions; (iii) The subject cable system is not (B) The system or facilities would owned by or under common ownership not be economically viable if such pro- or control of any one of the 50 cable visions were enforced; or system operators with the most subscribers as such operators existed on (C) The anticompetitive effects of the May 1, 1995; and proposed transaction are clearly out- (iv) The system with the most sub- weighed in the public interest by the scribers in the television market is probable effect of the transaction in owned by or under common ownership meeting the convenience and needs of or control of any one of the 10 largest the community to be served; and cable system operators as such opera- (ii) The local franchising authority tors existed on May 1, 1995. approves of such waiver. (4) Paragraph (a) of this section does (e) For purposes of this section, the not apply to any cable system if: term ‘‘telephone service area’’ when (i) The cable system serves no more used in connection with a common car- than 17,000 cable subscribers, of which rier subject in whole or in part to title no less than 8,000 live within an urban II of the Communications Act means area, and no less than 6,000 live within the area within which such carrier pro- a nonurbanized area as of June 1, 1995; vided telephone exchange service as of

578

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00578 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.601

January 1, 1993, but if any common car- test points if 25,001 to 37,500 sub- rier after such date transfers its tele- scribers, etc.). In addition, for tech- phone exchange service facilities to an- nically integrated portions of cable other common carrier, the area to systems that are not mechanically con- which such facilities provide telephone tinuous (i.e., employing microwave exchange service shall be treated as connections), at least one test point part of the telephone service area of will be required for each portion of the the acquiring common carrier and not cable system served by a technically of the selling common carrier. integrated microwave hub. The proof- [61 FR 18977, Apr. 30, 1996] of-performance test points chosen shall be balanced to represent all geographic Subpart K—Technical Standards areas served by the cable system. At least one-third of the test points shall § 76.601 Performance tests. be representative of subscriber termi- (a) The operator of each cable tele- nals most distant from the system vision system shall be responsible for input and from each microwave re- insuring that each such system is de- ceiver (if microwave transmissions are signed, installed, and operated in a employed), in terms of cable length. manner that fully complies with the The measurements may be taken at provisions of this subpart. Each system convenient monitoring points in the operator shall be prepared to show, on cable network: Provided, that data request by an authorized representa- shall be included to relate the meas- tive of the Commission or the local ured performance of the system as franchiser, that the system does, in would be viewed from a nearby sub- fact, comply with the rules. scriber terminal. An identification of (b) The operator of each cable tele- the instruments, including the makes, vision system shall maintain at its model numbers, and the most recent local office a current listing of the date of calibration, a description of the cable television channels which that procedures utilized, and a statement of system delivers to its subscribers. the qualifications of the person per- (c) The operator of each cable tele- forming the tests shall also be in- vision system shall conduct complete cluded. performance tests of that system at (2) Proof-of-performance tests to de- least twice each calendar year (at in- termine the extent to which a cable tervals not to exceed seven months), television system complies with the unless otherwise noted below, and shall standards set forth in § 76.605(a) (3), (4), maintain the resulting test data on file and (5) shall be made on each of the at the operator’s local business office NTSC or similar video channels of that for at least five (5) years. The test data system. Unless otherwise as noted, shall be made available for inspection proof-of-performance tests for all other by the Commission or the local fran- standards in § 76.605(a) shall be made on chiser, upon request. The performance a minimum of four (4) channels plus tests shall be directed at determining the extent to which the system com- one additional channel for every 100 plies with all the technical standards MHz, or fraction thereof, of cable dis- set forth in § 76.605(a) and shall be as tribution system upper frequency limit follows: (e.g., 5 channels for cable television (1) For cable television systems with systems with a cable distribution sys- 1000 or more subscribers but with 12,500 tem upper frequency limit of 101 to 216 or fewer subscribers, proof-of-perform- MHz; 6 channels for cable television ance tests conducted pursuant to this systems with a cable distribution sys- section shall include measurements tem upper frequency limit of 217–300 taken at six (6) widely separated MHz; 7 channels for cable television points. However, within each cable sys- systems with a cable distribution upper tem, one additional test point shall be frequency limit to 300 to 400 MHz, etc.). added for every additional 12,500 sub- The channels selected for testing must scribers or fraction thereof (e.g., 7 test be representative of all the channels points if 12,501 to 25,000 subscribers; 8 within the cable television system.

579

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00579 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.605 47 CFR Ch. I (10–1–99 Edition)

(3) The operator of each cable tele- into compliance with any perceived signal vision system shall conduct semi-an- quality problems which need to be corrected. nual proof-of-performance tests of that The Commission may request cable opera- system, to determine the extent to tors to test their systems at any time. which the system complies with the [57 FR 11001, Apr. 1, 1992, as amended at 57 technical standards set forth in FR 61010, Dec. 23, 1992] § 76.605(a)(4) as follows. The visual signal level on each channel shall be § 76.605 Technical standards. measured and recorded, along with the (a) As of December 30, 1992, unless date and time of the measurement, otherwise noted, the following require- once every six hours (at intervals of ments apply to the performance of a not less than five hours or no more cable television system as measured at than seven hours after the previous any subscriber terminal with a measurement), to include the warmest matched impedance at the termination and the coldest times, during a 24-hour point or at the output of the modu- period in January or February and in lating or processing equipment (gen- July or August. erally the headend) of the cable tele- (4) The operator of each cable television system or otherwise as noted. vision system shall conduct triennial The requirements are applicable to proof-of-performance tests of its sys- each NTSC or similar video down- tem to determine the extent to which stream cable television channel in the the system complies with the technical system: standards set forth in § 76.605(a)(11). (1)(i) The cable television channels (d) Successful completion of the per- delivered to the subscriber’s terminal formance tests required by paragraph shall be capable of being received and (c) of this section does not relieve the displayed by TV broadcast receivers system of the obligation to comply used for off-the-air reception of TV with all pertinent technical standards broadcast signals, as authorized under at all subscriber terminals. Additional part 73 of this chapter; and tests, repeat tests, or tests involving (ii) Cable television systems shall specified subscriber terminals may be transmit signals to subscriber premises required by the Commission of the equipment on frequencies in accord- local franchiser to secure compliance ance with the channel allocation plan with the technical standards. set forth in the Electronics Industries (e) The provisions of paragraphs (c) Association’s ‘‘Cable Television Chan- and (d) of this section shall not apply nel Identification Plan, EIA IS–132, to any cable television system having May 1994’’ (EIA IS–132). This incorpora- fewer than 1,000 subscribers: Provided, tion by reference was approved by the however, that any cable television sys- Director of the Federal Register in ac- tem using any frequency spectrum cordance with 5 U.S.C. 522(a) and 1 CFR other than that allocated to over-the- Part 51. Cable systems are required to air television and FM broadcasting (as use this channel allocation plan for sig- described in § 73.603 and § 73.210 of this nals transmitted in the frequency chapter) is required to conduct all range 54 MHz to 1002 MHz. This incor- tests, measurements and monitoring of poration by reference was approved by signal leakage that are required by this the Director of the Federal Register in subpart. A cable television system op- accordance with 5 U.S.C. 522(a) and 1 erator complying with the monitoring, CFR Part 51. Copies of EIA IS–132 may logging and the leakage repair require- be obtained from: Global Engineering ments of § 76.614, shall be considered to Documents, 2805 McGraw Ave., Irvine have met the requirements of this CA 92714. Copies of EIA IS–132 may be paragraph. However, the leakage log, inspected during normal business hours shall be retained for five years rather at the following locations: Federal than the two years prescribed in Communications Commission, 1919 M § 76.614. Street, NW, Dockets Branch (Room

NOTE: Prior to requiring any additional 239), Washington, DC, or the Office of testing pursuant to § 76.601(d), the local fran- the Federal Register, 800 North Capitol chising authority shall notify the cable oper- Street, NW., suite 700, Washington, DC. ator who will be allowed thirty days to come This requirement is applicable on May

580

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00580 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.605

31, 1995, for new and re-built cable sys- (5) The rms voltage of the aural sig- tems, and on June 30, 1997, for all cable nal shall be maintained between 10 and systems. 17 decibels below the associated visual (2) The aural center frequency of the signal level. This requirement must be aural carrier must be 4.5 MHz ± 5 kHz met both at the subscriber terminal above the frequency of the visual car- and at the output of the modulating rier at the output of the modulating or and processing equipment (generally processing equipment of a cable tele- the headend). For subscriber terminals vision system, and at the subscriber that use equipment which modulate terminal. and remodulate the signal (e.g., (3) The visual signal level, across a baseband converters), the rms voltage terminating impedance which cor- of the aural signal shall be maintained rectly matches the internal impedance between 6.5 and 17 decibels below the of the cable system as viewed from the associated visual signal level at the subscriber terminal, shall not be less subscriber terminal. than 1 millivolt across an internal im- (6) The amplitude characteristic pedance of 75 ohms (0 dBmV). Addition- shall be within a range of ±2 decibels ally, as measured at the end of a 30 from 0.75 MHz to 5.0 MHz above the meter (100 foot) cable drop that is con- lower boundary frequency of the cable nected to the subscriber tap, it shall television channel, referenced to the not be less than 1.41 millivolts across average of the highest and lowest am- an internal impedance of 75 ohms (+3 plitudes within these frequency bound- dBmV). (At other impedance values, aries. the minimum visual signal level, as (i) Prior to December 30, 1999, the viewed from the subscriber terminal, amplitude characteristic may be meas- shall be the square root of 0.0133 (Z) ured after a subscriber tap and before a millivolts and, as measured at the end converter that is provided and main- of a 30 meter (100 foot) cable drop that tained by the cable operator. is connected to the subscriber tap, (ii) As of December 30, 1999, the am- shall be 2 times the square root of plitude characteristic shall be meas- 0.00662(Z) millivolts, where Z is the ap- ured at the subscriber terminal. propriate impedance value.) (7) The ratio of RF visual signal level (4) The visual signal level on each to system noise shall be as follows: channel, as measured at the end of a 30 (i) From June 30, 1992, to June 30, meter cable drop that is connected to 1993, shall not be less than 36 decibels. the subscriber tap, shall not vary more (ii) From June 30, 1993 to June 30, than 8 decibels within any six-month 1995, shall not be less than 40 decibels. interval, which must include four tests performed in six-hour increments dur- (iii) As of June 30, 1995, shall not be ing a 24-hour period in July or August less then 43 decibels. and during a 24-hour period in January (iv) For class I cable television chan- or February, and shall be maintained nels, the requirements of paragraphs within: (a)(7)(i), (a)(7)(ii) and (a)(7)(iii) of this (i) 3 decibels (dB) of the visual signal section are applicable only to: level of any visual carrier within a 6 (A) Each signal which is delivered by MHz nominal frequency separation; a cable television system to subscribers (ii) 10 dB of the visual signal level on within the predicted Grade B contour any other channel on a cable television for that signal; system of up to 300 MHz of cable dis- (B) Each signal which is first picked tribution system upper frequency up within its predicted Grade B con- limit, with a 1 dB increase for each ad- tour; ditional 100 MHz of cable distribution (C) Each signal that is first received system upper frequency limit (e.g., 11 by the cable television system by di- dB for a system at 301–400 MHz; 12 dB rect video feed from a TV broadcast for a system at 401–500 MHz, etc.); and station, a low power TV station, or a (iii) A maximum level such that sig- TV translator station. nal degradation due to overload in the (8) The ratio of visual signal level to subscriber’s receiver or terminal does the rms amplitude of any coherent dis- not occur. turbances such as intermodulation

581

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00581 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.605 47 CFR Ch. I (10–1–99 Edition)

products, second and third order distor- smallest segments of the chrominance tions or discrete-frequency interfering signal (divided by the largest and ex- signals not operating on proper offset pressed in percent), shall not exceed assignments shall be as follows: ±20%. (i) The ratio of visual signal level to (iii) The differential phase for the coherent disturbances shall not be less color subcarrier of the television signal than 51 decibels for noncoherent chan- which is measured as the largest phase nel cable television systems, when difference in degrees between each seg- measured with modulated carriers and ment of the chrominance signal and time averaged; and reference segment (the segment at the (ii) The ratio of visual signal level to blanking level of O IRE), shall not ex- coherent disturbances which are fre- ceed ±10 degrees. quency-coincident with the visual car- (12) As an exception to the general rier shall not be less than 47 decibels provision requiring measurements to for coherent channel cable systems, be made at subscriber terminals, and when measured with modulated car- without regard to the type of signals riers and time averaged. carried by the cable television system, (9) The terminal isolation provided to signal leakage from a cable television each subscriber terminal: system shall be measured in accord- (i) Shall not be less than 18 decibels. ance with the procedures outlined in In lieu of periodic testing, the cable op- § 76.609(h) and shall be limited as fol- erator may use specifications provided lows: by the manufacturer for the terminal Signal leak- isolation equipment to meet this age limit Distance in standard; and Frequencies (micro-volt/ meters (m) (ii) Shall be sufficient to prevent re- meter) flections caused by open-circuited or Less than and including 54 short-circuited subscriber terminals MHz, and over 216 MHz ...... 15 30 Over 54 up to and including 216 from producing visible picture impair- MHz ...... 20 3 ments at any other subscriber terminal. (b) Cable television systems distrib- (10) The peak-to-peak variation in uting signals by using methods such as visual signal level caused by undesired nonconventional coaxial cable tech- low frequency disturbances (hum or re- niques, noncoaxial copper cable tech- petitive transients) generated within niques, specialized coaxial cable and the system, or by inadequate low fre- fiber optical cable hybridization tech- quency response, shall not exceed 3 per- niques or specialized compression tech- cent of the visual signal level. Meas- niques or specialized receiving devices, urements made on a single channel and which, because of their basic de- using a single unmodulated carrier sign, cannot comply with one or more may be used to demonstrate compli- of the technical standards set forth in ance with this parameter at each test paragraph (a) of this section, may be location. permitted to operate: Provided, That (11) As of June 30, 1995, the following an adequate showing is made pursuant requirements apply to the performance to § 76.7 which establishes that the pub- of the cable television system as meas- lic interest is benefited. In such in- ured at the output of the modulating stances, the Commission may prescribe or processing equipment (generally the special technical requirements to en- headend) of the system: sure that subscribers to such systems (i) The chrominance-luminance delay are provided with an equivalent level inequality (or chroma delay), which is of good quality service. the change in delay time of the chrominance component of the signal rel- NOTE 1: Local franchising authorities of systems serving fewer than 1000 subscribers ative to the luminance component, may adopt standards less stringent than shall be within 170 nanoseconds. those in § 76.605(a). Any such agreement shall (ii) The differential gain for the color be reduced to writing and be associated with subcarrier of the television signal, the system’s proof-of-performance records. which is measured as the difference in NOTE 2: For systems serving rural areas as amplitude between the largest and defined in § 76.5, the system may negotiate

582

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00582 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.609

with its local franchising authority for in a format that can be recovered and standards less stringent than those in displayed by decoders meeting § 15.119 §§ 76.605(a)(3), 76.605(a)(7), 76.605(a)(8), of this chapter. 76.605(a)(10) and 76.605(a)(11). Any such agreement shall be reduced to writing and be asso- [57 FR 11003, Apr. 1, 1992] ciated with the system’s proof-of-performance records. § 76.607 Resolution of complaints. NOTE 3: The requirements of this section Cable system operators shall estab- shall not apply to devices subject to the pro- lish a process for resolving complaints visions of §§ 15.601 through 15.626. from subscribers about the quality of NOTE 4: Should subscriber complaints arise the television signal delivered. These from a system failing to meet § 76.605(a)(6) records shall be maintained for at least prior to December 30, 1999, the cable operator will be required to provide a converter that a one-year period. Aggregate data will allow the system to meet the standard based upon these complaints shall be immediately at the complaining subscriber’s made available for inspection by the terminal. Further, should the problem be Commission and franchising authori- found to be system-wide, the Commission ties, upon request. Subscribers shall be may order all converters on the system be advised, at least once each calendar changed to meet the standard. year, of the procedures for resolution NOTE 5: Should subscriber complaints arise of complaints by the cable system op- from a system failing to meet § 76.605(a)(10), erator, including the address of the re- the cable operator will be required to remedy the complaint and perform test measure- sponsible officer of the local fran- ments on § 76.605(a)(10) containing the full chising authority. number of channels as indicated in NOTE: Prior to being referred to the Com- § 76.601(c)(2) at the complaining subscriber’s mission, complaints from subscribers about terminal. Further, should the problem be the quality of the television signal delivered found to be system-wide, the Commission must be referred to the local franchising au- may order that the full number of channels thority and the cable system operator. as indicated in § 76.601(c)(2) be tested at all required locations for future proof-of-per- [57 FR 61011, Dec. 23, 1992] formance tests. NOTE 6: No State or franchising authority § 76.609 Measurements. may prohibit, condition, or restrict a cable system’s use of any type of subscriber equip- (a) Measurements made to dem- ment or any transmission technology. onstrate conformity with the performance requirements set forth in §§ 76.601 [37 FR 3278, Feb. 12, 1972, as amended at 37 and 76.605 shall be made under condi- FR 13867, July 14, 1972; 40 FR 2690, Jan. 15, tions which reflect system performance 1975; 40 FR 3296, Jan. 21, 1975; 41 FR 53028, during normal operations, including Dec. 3, 1976; 42 FR 21782, Apr. 29, 1977; 47 FR the effect of any microwave relay oper- 21503, May 18, 1982; 50 FR 52466, Dec. 24, 1985; ated in the Cable Television Relay 51 FR 1255, Jan. 10, 1986; 52 FR 22461, June 12, 1987; 57 FR 11002, Apr. 1, 1992; 57 FR 61010, (CARS) Service intervening between Dec. 23, 1992; 58 FR 44952, Aug. 25, 1993; 59 FR pickup antenna and the cable distribu- 25342, May 16, 1994; 61 FR 18510, Apr. 26, 1996; tion network. Amplifiers shall be oper- 61 FR 18978, Apr. 30, 1996] ated at normal gains, either by the insertion of appropriate signals or by § 76.606 Closed captioning. manual adjustment. Special signals in- (a) As of June 30, 1992, the operator of serted in a cable television channel for each cable television system shall not measurement purposes should be oper- take any action to remove or alter ated at levels approximating those closed captioning data contained on used for normal operation. Pilot tones, line 21 of the vertical blanking inter- auxiliary or substitute signals, and val. nontelevision signals normally carried (b) As of July 1, 1993, the operator of on the cable television system should each cable television system shall de- be operated at normal levels to the ex- liver intact closed captioning data content possible. Some exemplary, but not tained on line 21 of the vertical blank- mandatory, measurement procedures ing interval, as it arrives at the are set forth in this section. headend or from another origination (b) When it may be necessary to re- source, to subscriber terminals and move the television signal normally (when so delivered to the cable system) carried on a cable television channel in

583

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00583 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.609 47 CFR Ch. I (10–1–99 Edition)

order to facilitate a performance meas- tate this measurement, it should have urement, it will be permissible to dis- a bandwidth of at least 4 MHz and ap- connect the antenna which serves the propriate corrections must be made to channel under measurement and to account for its gain and noise figure. substitute therefor a matching resist- Alternatively, measurements made in ance termination. Other antennas and accordance with the NCTA Rec- inputs should remain connected and ommended Practices for Measurements normal signal levels should be main- on Cable Television Systems, 2nd edi- tained on other channels. tion, November 1989, on noise measure- (c) As may be necessary to ensure ment may be employed. satisfactory service to a subscriber, the (f) The amplitude of discrete fre- Commission may require additional quency interfering signals within a tests to demonstrate system perform- cable television channel may be deter- ance or may specify the use of different mined with either a spectrum analyzer test procedures. or with a frequency-selective voltmeter (d) The frequency response of a cable (field strength meter), which instru- television channel may be determined ments have been calibrated for ade- by one of the following methods, as ap- quate accuracy. If calibration accuracy propriate: is in doubt, measurements may be ref- (1) By using a swept frequency or a erenced to a calibrated signal gener- manually variable signal generator at ator, or a calibrated variable attenu- the sending end and a calibrated atten- ator, substituted at the point of meas- uator and frequency-selective urement. If an amplifier is used be- voltmeter at the subscriber terminal; tween the subscriber terminal and the or measuring instrument, appropriate (2) By using either a multiburst gen- corrections must be made to account erator or vertical interval test signals for its gain. and either a modulator or processor at (g) The terminal isolation between the sending end, and by using either a any two terminals in the cable tele- demodulator and either an oscilloscope vision system may be measured by ap- display or a waveform monitor display plying a signal of known amplitude to at the subscriber terminal. one terminal and measuring the ampli- (e) System noise may be measured tude of that signal at the other ter- using a frequency-selective voltmeter minal. The frequency of the signal (field strength meter) which has been should be close to the midfrequency of suitably calibrated to indicate rms the channel being tested. Measure- noise or average power level and which ments of terminal isolation are not re- has a known bandwidth. With the sys- quired when either: tem operating at normal level and with (1) The manufacturer’s specifications a properly matched resistive termi- for subscriber tap isolation based on a nation substituted for the antenna, representative sample of no less than noise power indications at the sub- 500 subscribers taps or scriber terminal are taken in successive increments of frequency equal to (2) Laboratory tests performed by or the bandwidth of the frequency-selec- for the operator of a cable television tive voltmeter, summing the power in- system on a representative sample of dications to obtain the total noise no less than 50 subscriber taps, indi- power present over a 4 MHz band cen- cates that the terminal isolation tered within the cable television chan- standard of § 76.605(a)(9) is met. nel. If it is established that the noise To demonstrate compliance with level is constant within this band- § 76.605(a)(9), the operator of a cable tel- width, a single measurement may be evision system shall attach either such taken which is corrected by an appro- manufacturer’s specifications or lab- priate factor representing the ratio of 4 oratory measurements as an exhibit to MHz to the noise bandwidth of the fre- each proof-of-performance record. quency-selective voltmeter. If an am- (h) Measurements to determine the plifier is inserted between the fre- field strength of the signal leakage quency-selective voltmeter and the emanated by the cable television sys- subscriber terminal in order to facili- tem shall be made in accordance with

584

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00584 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.611

standard engineering procedures. Meas- § 76.610 Operation in the frequency urements made on frequencies above 25 bands 108–137 and 225–400 MHz— MHz shall include the following: scope of application. (1) A field strength meter of adequate The provisions of §§ 76.611 (effective accuracy using a horizontal dipole an- July 1, 1990), 76.612, 76.613, 76.614 and tenna shall be employed. 76.615 are applicable to all cable tele- (2) Field strength shall be expressed vision systems transmitting carriers or in terms of the rms value of synchro- other signal components carried at an nizing peak for each cable television average power level equal to or greater channel for which signal leakage can than 10¥4 watts across a 25 kHz band- be measured. width in any 160 microsecond period, at (3) The resonant half wave dipole an- any point in the cable distribution sys- tenna shall be placed 3 meters from and tem in the frequency bands 108–137 and positioned directly below the system components and at 3 meters above 225–400 MHz for any purpose. For grand- ground. Where such placement results fathered systems, refer to §§ 76.618 and in a separation of less than 3 meters 76.619. between the center of the dipole an- NOTE 1: See the provisions of § 76.616 for tenna and the system components, or cable operation near certain aeronautical less than 3 meters between the dipole and marine emergency radio frequencies. and ground level, the dipole shall be NOTE 2: Until January 1, 1990, the band 136– repositioned to provide a separation of 137 MHz is allocated as an alternative alloca- 3 meters from the system components tion to the space operation, meteorological- at a height of 3 meters or more above satellite service and the space research serv- ground. ice on a primary basis. After January 1, 1990, (4) The horizontal dipole antenna the space service will become secondary to shall be rotated about a vertical axis aeronautical mobile service radio. Until Jan- and the maximum meter reading shall uary 1, 1990, the band 136 to 137 MHz is excluded from the rule sections regarding pro- be used. tection of aeronautical frequencies. (5) Measurements shall be made where other conductors are 3 or more [50 FR 29399, July 19, 1985] meters (10 or more feet) away from the measuring antenna. § 76.611 Cable television basic signal (i) For systems using cable traps and leakage performance criteria. filters to control the delivery of spe- (a) No cable television system shall cific channels to the subscriber ter- commence or provide service in the fre- minal, measurements made to deter- quency bands 108–137 and 225–400 MHz mine compliance with § 76.605(a) (5) and unless such systems is in compliance (6) may be performed at the location with one of the following cable tele- immediately prior to the trap or filter vision basic signal leakage perform- for the specific channel. The effects of these traps or filters, as certified by ance criteria: the system engineer or the equipment (1) prior to carriage of signals in the manufacturer, must be attached to aeronautical radio bands and at least each proof-of-performance record. once each calendar year, with no more (j) Measurements made to determine than 12 months between successive the differential gain, differential phase tests thereafter, based on a sampling of and the chrominance-luminance delay at least 75% of the cable strand, and in- inequality (chroma delay) shall be cluding any portion of the cable system made in accordance with the NCTA which are known to have or can rea- Recommended Practices for Measure- sonably be expected to have less leak- ments on Cable Television Systems, age integrity than the average of the 2nd edition, November 1989, on these system, the cable operator dem- parameters. onstrates compliance with a cumulative signal leakage index by showing [37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867, July 14, 1972; 41 FR 10067, Mar. 9, either that (i) 10 log I3000 is equal to or ¥ 1976; 42 FR 21782, Apr. 29, 1977; 49 FR 45441, less than 7 or (ii) 10 log I00 is equal to Nov. 16, 1984; 57 FR 11004, Apr. 1, 1992; 57 FR or less than 64, using one of the fol- 61011, Dec. 23, 1992; 58 FR 44952, Aug. 25, 1993] lowing formula:

585

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00585 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.611 47 CFR Ch. I (10–1–99 Edition)

shall be horizontally polarized. Cali- n 2 1 E bration shall be made in the commu- I = ∑ i , 3000 / 2 nity unit or, if more than one, in any of 0 i=1 Ri the community units of the physical system within a reasonable time period n 1 2 to performing the measurements. If IE∞ = ∑ , 0/ i data is recorded digitally the 90th per- i=1 centile level of points recorded over where: the cable system shall not exceed 10 µV/m RMS; if analog recordings is used 2 =+2 ()2 Rri i 3000 the peak values of the curves, when

ri is the distance (in meters) between the smoothed according to good engineer- leakage source and the center of the ing practices, shall not exceed 10 µV/m cable television system; RMS. θ is the fraction of the system cable length (b) In paragraphs (a)(1) and (a)(2) of actually examined for leakage sources and is equal to the strand kilometers this section the unmodulated test sig- (strand miles) of plant tested divided by nal used on the cable plant shall: (1) Be the total strand kilometers (strand within the VHF aeronautical band 108– miles) in the plant; 137 MHz or any other frequency in Ri is the slant height distance (in meters) which the results can be correlated to from leakage source i to a point 3000 me- the VHF aeronautical band and (2) ters above the center of the cable tele- have an average power level equal to vision system; the average power level of the strong- Ei is the electric field strength in microvolts per meter (µV/m) measured pursuant to est cable television carrier on the sys- § 76.609(h) 3 meters from the leak i; and tem. n is the number of leaks found of field (c) In paragraph (a)(1) and (2) of this strength equal to or greater than 50 µV/ section, if a modulated test signal is m pursuant to Section 76.609(h). used, the test signal and detector tech- The sum is carried over all leaks i detected nique must, when considered together, in the cable examined; or yield the same result as though an (2) prior to carriage of signals in the unmodulated test signal were used in aeronautical radio bands and at least conjunction with a detection technique once each calendar year, with no more which would yield the RMS value of than 12 months between successive said unmodulated carrier. tests thereafter, the cable operator (d) If a sampling of at least 75% of demonstrates by measurement in the the cable strand (and including any airspace that at no point does the field strength generated by the cable system portions of the cable system which are exceed 10 microvolts per meter (µV/m) known to have or can reasonably be ex- RMS at an altitude of 450 meters above pected to have less leakage integrity the average terrain of the cable sys- than the average of the system) as de- tem. The measurement system (includ- scribed in paragraph (a)(1) cannot be ing the receiving antenna) shall be obtained by the cable operator or is calibrated against a known field of 10 otherwise not reasonably feasible, the µV/m RMS produced by a well charac- cable operator shall perform the air- terized antenna consisting of orthog- space measurements described in para- onal reasonant dipoles, both parallel to graph (a)(2). and one quarter wavelength above the (e) Prior to providing service to any ground plane of a diameter of two me- subscriber on a new section of cable ters or more at ground level. The plant, the operator shall show compli- dipoles shall have centers collocated ance with either: (1) The basic signal and be excited 90 degrees apart. The leakage criteria in accordance with half-power bandwidth of the detector paragraph (a)(1) or (a)(2) of this section shall be 25 kHz. If an aeronautical re- for the entire plant in operation or (2) ceiver is used for this purpose it shall a showing shall be made indicating meet the standards of the Radio Tech- that no individual leak in the new sec- nical Commission for Aeronautics tion of the plant exceeds 20 µV/m at (RCTA) for aeronautical communica- 3 meters in accordance with § 76.609 fo tions receivers. The aircraft antenna the Rules.

586

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00586 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.613

(f) Notwithstanding paragraph (a) of kHz. The aeronautical radionavigation this section, a cable operator shall be frequencies from which offsets must be permitted to operate on any frequency maintained are defined as follows: which is offset pursuant to § 76.612 in (1) Within the aeronautical band 108– the frequency band 108–137 MHz for the 118 MHz when expressed in MHz and di- purpose of demonstrating compliance vided by 0.025 yield an even integer. with the cable television basic signal (2) Within the band 328.6–335.4 MHz, leakage performance criteria. the radionavigation glide path chan- [50 FR 29399, July 19, 1985, as amended at 53 nels are listed in Section 87.501 of the FR 2499, Jan. 28, 1988; 53 FR 5684, Feb. 25, Rules. 1988; 58 FR 44952, Aug. 25, 1993] NOTE: The HRC system, as described above, will meet this requirement in the 328.6–335.4 § 76.612 Cable television frequency MHz navigation glide path band. Those In- separation standards. crementally Related Carriers (IRC) systems, All cable television systems which with comb generator reference frequencies operate in the frequency bands 108–137 set at certain odd multiples equal to or and 225–400 MHz shall comply with the greater than 3 times the 0.0125 MHz aero- following frequency separation stand- nautical communications band offset, e.g. (6n + 1.250 ± 0.0375) MHz, may also meet the ards: 25 kHz offset requirement in the navigation (a) In the aeronautical glide path band. radiocommunication bands 118–137, 225– 328.6 and 335.4–400 MHz, the frequency [50 FR 29400, July 19, 1985] of all carrier signals or signal components carried at an average power level § 76.613 Interference from a multi- equal to or greater than 10¥4 watts in channel video programming dis- a 25 kHz bandwidth in any 160 micro- tributor (MVPD). second period must operate at fre- (a) Harmful interference is any emis- quencies offset from certain fre- sion, radiation or induction which en- quencies which may be used by aero- dangers the functioning of a radio- nautical radio services operated by navigation service or of other safety Commission licensees or by the United services or seriously degrades, ob- States Government or its Agencies. structs or repeatedly interrupts a The aeronautical frequencies from radiocommunication service operating which offsets must be maintained are in accordance with this chapter. those frequencies which are within one (b) An MVPD that causes harmful in- of the aeronautical bands defined in terference shall promptly take appro- this subparagraph, and when expressed priate measures to eliminate the harm- in MHz and divided by 0.025 yield an in- ful interference. teger. The offset must meet one of the (c) If harmful interference to radio following two criteria: communications involving the safety (1) All such cable carriers or signal of life and protection of property can- components shall be offset by 12.5 kHz not be promptly eliminated by the ap- with a frequency tolerance of ±5 kHz; plication of suitable techniques, oper- or ation of the offending MVPD or appro- (2) The fundamental frequency from priate elements thereof shall imme- which the visual carrier frequencies are diately be suspended upon notification derived by multiplication by an integer by the District Director and/or Resi- number which shall be 6.0003 MHz with dent Agent of the Commission’s local a tolerance of ±1 Hz (Harmonically Re- field office, and shall not be resumed lated Carrier (HRC) comb generators until the interference has been elimi- only). nated to the satisfaction of the District (b) In the aeronautical radio- Director and/or Resident Agent. When navigation bands 108–118 and 328.6–335.4 authorized by the District Director MHz, the frequency of all carrier sig- and/or Resident Agent, short test oper- nals or signal components carrier at an ations may be made during the period average power level equal to or greater of suspended operation to check the ef- than 10¥4 watts in a 25 kHz bandwidth ficacy of remedial measures. in any 160 microsecond period shall be (d) The MVPD may be required by offset by 25 kHz with a tolerance of ±5 the District Director and/or Resident

587

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00587 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.614 47 CFR Ch. I (10–1–99 Edition)

Agent to prepare and submit a report timely filing of the FCC Form 320 will regarding the cause(s) of the inter- meet this requirement. ference, corrective measures planned (b) The operator of a cable system or taken, and the efficacy of the reme- shall notify the Commission before dial measures. transmitting any carrier or other sig- [42 FR 41296, Aug. 16, 1977, as amended at 62 nal component with an average power FR 61031, Nov. 14, 1997] level across a 25 kHz bandwidth in any 160 microsecond time period equal to or § 76.614 Cable television system reg- greater than 10¥4 watts at any point in ular monitoring. the cable distribution system on any Cable television operators transmit- new frequency or frequencies in the ting carriers in the frequency bands aeronautical radio frequency bands. 108–137 and 225–400 MHz shall provide Such notification shall include: for a program of regular monitoring for (1) Legal name and local address of signal leakage by substantially cov- the cable television operator; ering the plant every three months. (2) The names and FCC identifiers The incorporation of this monitoring (e.g. CA0001) of the system commu- program into the daily activities of ex- nities affected; isting service personnel in the dis- (3) The names and telephone numbers charge of their normal duties will gen- of local system officials who are re- erally cover all portions of the system sponsible for compliance with §§ 76.610, and will therefore meet this require- 76.611 (effective July 1, 1990), and 76.612 ment. Monitoring equipment and pro- through 76.616 of the Rules; cedures utilized by a cable operator (4) Carrier and subcarrier frequencies shall be adequate to detect a leakage and tolerance, types of modulation and source which produces a field strength the maximum average power levels of in these bands of 20 µV/m or greater at all carriers and subcarriers occurring a distance of 3 meters. During regular at any location in the cable distribu- monitoring, any leakage source which produces a field strength of 20 µV/m or tion system. greater at a distance of 3 meters in the (5) The geographical coordinates of a aeronautical radio frequency bands point near the center of the cable sys- shall be noted and such leakage sources tem, together with the distance (in kil- shall be repaired within a reasonable ometers) from the designated point to period of time. The operator shall the most remote point of the cable maintain a log showing the date and plant, existing or planned, which de- location of each leakage source identi- fines a circle enclosing the entire cable fied, the date on which the leakage was plant; repaired, and the probable cause of the (6) A description of the routine moni- leakage. The log shall be kept on file toring procedure to be used; and for a period of two (2) years and shall (7) For cable operators subject to be made available to authorized rep- § 76.611 (effective July 1, 1990), the cu- resentatives of the Commission upon mulative signal leakage index derived request. under § 76.611(a)(1) (effective July 1, [50 FR 29400, July 19, 1985] 1990) or the results of airspace measurements derived under § 76.611(a)(2) § 76.615 Notification requirements. (effective July 1, 1990), including a description of the method by which com- All cable television operators shall pliance with basic signal leakage cri- comply with each of the following noti- teria is achieved and the method of fication requirements: calibrating the measurement equip- (a) The operator of the cable system ment. This information shall be pro- shall notify the Commission annually vided to the Commission prior to July of all signals carried in the aero- 1, 1990 and each calendar year there- nautical radio frequency bands, noting after. the type of information carried by the signal (television picture, aural, pilot [50 FR 29400, July 19, 1985, as amended at 64 carrier, or system control etc.) The FR 28109, May 25, 1999]

588

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00588 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.619

§ 76.616 Operation near certain aero- in the cable system in the frequency nautical and marine emergency bands 108–136 and 225–400 MHz for any radio frequencies. purpose are subject to the following re- The transmission of carriers or other quirements: signal components capable of deliv- (a) The operator of the cable system ering peak power levels equal to or shall notify the Commission annually greater than 10¥5 watts at any point in of all signals carried in these bands, a cable television system is prohibited noting the type of information carried within 100 kHz of the frequency 121.5 by the signal (television, aural, or pilot MHz, and is prohibited withn 50 kHz of carrier and system control, etc.). The the two frequencies 156.8 MHz and 243.0 timely filing of FCC Form 325, Sched- MHz. ule 2, will meet this requirement. (b) The operator of the cable system [50 FR 29401, July 19, 1985] shall notify the Commission of the pro- § 76.617 Responsibility for interposed extension of the system radius in ference. these bands. Notification shall include carrier and subcarrier frequencies, Interference resulting from the use of cable system terminal equipment (in- types of modulation, the previously no- cluding subscriber terminal, input se- tified geographical coordinates, the lector switch and any other acces- new system radius and the maximum sories) shall be the responsibility of the peak power occurring at any location cable system terminal equipment oper- in the cable distribution system. No ator in accordance with the provisions system shall extend its radius in these of part 15 of this chapter: provided, bands without prior Commission au- however, that the operator of a cable thorization. system to which the cable system ter- (c) The operator of the cable system minal equipment is connected shall be shall maintain at its local office a cur- responsible for detecting and elimi- rent listing of all signals carried in nating any signal leakage where that these bands, noting carrier and subcar- leakage would cause interference out- rier frequencies, types of modulation, side the subscriber’s premises and/or and maximum peak power which oc- would cause the cable system to exceed curs at any location within the cable the Part 76 signal leakage require- distribution system. ments. In cases where excessive signal (d) The operator of the system shall leakage occurs, the cable operator provide for regular monitoring of the shall be required only to discontinue cable system for signal leakage cov- service to the subscriber until the ering all portions of the cable system problem is corrected. at least once each calendar year. Moni- toring equipment and procedures shall [53 FR 46619, Nov. 18, 1989] be adequate to detect leakage sources which produce field strengths in these § 76.618 Grandfathering. bands of 20 microvolts per meter at a Cable television systems are per- distance of 3 meters. The operator shall mitted to use aeronautical frequencies maintain a log showing the date and which were requested or granted for location of each leakage source identi- use by November 30, 1984, under Sec- fied, the date on which the leakage was tion 76.619 of the Rules until July 1, eliminated, and the probable cause of 1990. the leakage. The log shall be kept on [50 FR 29401, July 19, 1985] file for a period of two (2) years, and shall be made to authorized representa- § 76.619 Grandfathered Operation in tives of the Commission on request. the frequency bands 108–136 and (e) All carrier signals or signal com- 225–400 MHz. ponents capable of delivering peak All cable television systems oper- power equal to or greater than 10¥5 ating in a grandfathered status under watts must be operated at frequencies § 76.618 of the Rules and transmitting offset from aeronautical radio services carriers or other signal components ca- operated by Commission licensees or pable of delivering peak power equal to by the United States Government or or greater than 10¥5 watts at any point its agencies within 111 km (60 nautical

589

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00589 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.620 47 CFR Ch. I (10–1–99 Edition)

miles) of any portion of the cable sys- § 76.615(b)(7) shall apply to all non-cable tem as given in paragraph (f) of this MVPDs. section. (The limit of 111 km may be (b) To comply with § 76.615(b)(2), a increased by the Commission in cases non-cable MVPD shall submit its Inter- of ‘‘extended service volumes’’ as de- nal Revenue Service’s Employer Identi- fined by the Federal Aviation Adminis- fication (E.I.) number instead of an tration or other federal government FCC identifier. agency for low altitude radio navigation or communication services). If an [62 FR 61031, Nov. 14, 1997] operator of a cable system is notified by the Commission that a change in § 76.630 Compatibility with consumer operation of an aeronautical radio electronics equipment. service will place the cable system in (a) Cable system operators shall not conflict with any of the offset criteria, scramble or otherwise encrypt signals the cable system operator is respon- carried on the basic service tier. Re- sible for eliminating such conflict quests for waivers of this prohibition within 30 days of notification. must demonstrate either a substantial (f) A minimum frequency offset be- problem with theft of basic tier service tween the nominal carrier frequency of or a strong need to scramble basic sig- an aeronautical radio service quali- nals for other reasons. As part of this fying under paragraph (d) of this Sec- showing, cable operators are required tion and the nominal frequency of any to notify subscribers by mail of waiver cable system carrier or signal compo- requests. The notice to subscribers nent capable of delivering peak power must be mailed no later than thirty ¥ equal to or greater than 10 5 watts calendar days from the date the re- shall be maintained or exceeded at all quest waiver was filed with the Com- times. The minimum frequency offsets mission, and cable operators must in- are as follows: form the Commission in writing, as Minimun fre- soon as possible, of that notification Frequencies quency offsets date. The notification to subscribers

108±118 MHz ...... (50+T) kHz. must state: 328.6±335.4 MHz ...... On (date of waiver request was filed with 108±136 MHz ...... the Commission), (cable operator’s name) 225±328.6 MHz ...... (100+T) kHz. 335.4±400 MHz ...... filed with the Federal Communications Com- mission a request for waiver of the rule pro- hibiting scrambling of channels on the basic In this table, T is the absolute value of tier of service. 47 CFR § 76.630(a). The request the frequency tolerance of the cable for waiver states (a brief summary of the television signal. The actual frequency waiver request). A copy of the request for tolerance will depend on the equipment waiver is on file for public inspection at (the and operating procedures of the cable address of the cable operator’s local place of system, but in no case shall the fre- business). quency tolerance T exceed ±25 kHz in Individuals who wish to comment on this the bands 108–136 and 225–400 MHz. request for waiver should mail comments to the Federal Communications Commission by [50 FR 29401, July 19, 1985] no later than 30 days from (the date the notification was mailed to subscribers). Those § 76.620 Non-cable multichannel video comments should be addressed to the: Fed- programming distributors (MVPDs). eral Communications Commission, Cable (a) Sections 76.605(a)(12), 76.610, 76.611, Services Bureau, Washington, DC 20554, and 76.612, 76.614, 76.615(b)(1–6), 76.616, and should include the name of the cable operator to whom the comments are applicable. 76.617 shall apply to all non-cable Individuals should also send a copy of their MVPDs. However, non-cable MVPD comments to (the cable operator at its local systems that are substantially built as place of business). of January 1, 1998 shall not be subject to these sections until January 1, 2003. Cable operators may file comments in ‘‘Substantially built’’ shall be defined reply no later than 7 days from the as having 75 percent of the distribution date subscriber comments must be plant completed. As of January 1, 2003, filed.

590

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00590 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.630

(b) Cable system operators that pro- processed through descrambling or vide their subscribers with cable sys- decryption circuitry (this capability tem terminal devices and other cus- can generally be provided through a tomer premises equipment that incor- separate by-pass switch or through in- porates remote control capability shall ternal by-pass circuitry in a cable sys- permit the remote operation of such tem terminal device). devices with commercially available (3) Cable system operators shall de- remote control units or otherwise take termine the specific equipment needed no action that would prevent the de- by individual subscribers on a case-by- vices from being operated by a com- case basis, in consultation with the mercially available remote control subscriber. Cable system operators are unit. Cable system operators are ad- required to make a good faith effort to vised that this requirement obliges provide subscribers with the amount them to actively enable the remote and types of special equipment needed control functions of customer premises to resolve their individual compat- equipment where those functions do ibility problems. not operate without a special activa- (4) Cable operators shall provide such tion procedure. Cable system operators equipment at the request of individual may, however, disable the remote con- subscribers and may charge for pur- trol functions of a subscriber’s cus- chase or lease of the equipment and its tomer premises equipment where re- installation in accordance with the quested by the subscriber. provisions of the rate regulation rules (c) Cable system operators that use for customer premises equipment used scrambling, encryption or similar tech- to receive the basic service tier, as set nologies in conjunction with cable sys- forth in § 76.923. Notwithstanding the tem terminal devices, as defined in required annual offering, cable opera- § 15.3(e) of this chapter, that may affect tors shall respond to subscriber re- subscribers’ reception of signals shall quests for special equipment for recep- offer to supply each subscriber with tion of multiple signals that are made special equipment that will enable the at any time. simultaneous reception of multiple sig- (d) Cable system operators shall pro- nals. The equipment offered shall in- vide a consumer education program on clude a single terminal device with compatibility matters to their sub- dual descramblers/decoders and/or tim- scribers in writing, as follows: ers and bypass switches. Other equip- (1) The consumer information pro- ment, such as two independent set-top gram shall be provided to subscribers terminal devices may be offered at the at the time they first subscribe and at same time that the single terminal de- least once a year thereafter. Cable op- vice with dual tuners/descramblers is erators may choose the time and offered. For purposes of this rule, two means by which they comply with the set-top devices linked by a control sys- annual consumer information require- tem that provides functionality equiva- ment. This requirement may be satis- lent to that of a single device with dual fied by a once-a-year mailing to all descramblers is considered to be the subscribers. The information may be same as a terminal device with dual included in one of the cable system’s descramblers/decoders. regular subscriber billings. (1) The offer of special equipment (2) The consumer information pro- shall be made to new subscribers at the gram shall include the following infor- time they subscribe and to all sub- mation: scribers at least once each year. (i) Cable system operators shall in- (2) Such special equipment shall, at a form their subscribers that some mod- minimum, have the capability: els of TV receivers and videocassette (i) To allow simultaneous reception recorders may not be able to receive all of any two scrambled or encrypted sig- of the channels offered by the cable nals and to provide for tuning to alter- system when connected directly to the native channels on a pre-programmed cable system. In conjunction with this schedule; and information, cable system operators (ii) To allow direct reception of all shall briefly explain, the types of chan- other signals that do not need to be nel compatibility problems that could

591

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00591 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.701 47 CFR Ch. I (10–1–99 Edition)

occur if subscribers connected their remote control unit the subscriber equipment directly to the cable system might be considering for purchase and offer suggestions for resolving would be compatible with the sub- those problems. Such suggestions could scriber’s customer premises equipment. include, for example, the use of a cable system terminal device such as a set- NOTE: § 76.630: The provisions of paragraphs top channel converter. Cable system (a) and (b) of this section are applicable July 31, 1994, and June 30, 1994, respectively. The operators shall also indicate that chan- provisions of paragraphs (c) and (d) of this nel compatibility problems associated section are applicable October 31, 1994, ex- with reception of programming that is cept for the requirement under paragraph (c) not scrambled or encrypted program- of this section for cable system operators to ming could be resolved through use of supply cable system terminal devices with simple converter devices without dual tuners (as needed), which is applicable descrambling or decryption capabili- October 31, 1995. The initial offer of special ties that can be obtained from either equipment to all subscribers, as required the cable system or a third party retail under paragraph (c) of this section, shall be vendor. made by October 31, 1994. (ii) In cases where service is received through a cable system terminal de- [59 FR 25342, May 16, 1994, as amended at 61 FR 18510, Apr. 26, 1996] vice, cable system operators shall indicate that subscribers may not be able to use special features and functions of Subpart L—Cable Television their TV receivers and videocassette Access recorders, including features that allow the subscriber to: view a program on § 76.701 Leased access channels. one channel while simultaneously re- (a) Notwithstanding 47 U.S.C. cording a program on another channel; 532(b)(2) (Communications Act of 1934, record two or more consecutive pro- as amended, section 612), a cable oper- grams that appear on different chan- ator, in accordance with 47 U.S.C. nels; and, use advanced picture genera- 532(h) (Cable Consumer Protection and tion and display features such as ‘‘Pic- Competition Act of 1992, section 10(a)), ture-in-Picture,’’ channel review and may adopt and enforce prospectively a other functions that necessitate chan- written and published policy of prohib- nel selection by the consumer device. iting programming which, it reason- (iii) In cases where cable system op- ably believes, describes or depicts sex- erators offer remote control capability with cable system terminal devices and ual or excretory activities or organs in other customer premises equipment a patently offensive manner as meas- that is provided to subscribers, they ured by contemporary community shall advise their subscribers that re- standards. mote control units that are compatible (b) A cable operator may refuse to with that equipment may be obtained transmit any leased access program or from other sources, such as retail out- portion of a leased access program that lets. Cable system operators shall also the operator reasonably believes con- provide a representative list of the tains obscenity, indecency or nudity. models of remote control units cur- NOTE TO PARAGRAPH (b): ‘‘Nudity’’ in para- rently available from retailers that are graph (b) is interpreted to mean nudity that compatible with the customer premises is obscene or indecent. equipment they employ. Cable system [62 FR 28373, May 23, 1997, as amended at 64 operators are required to make a good FR 35950, July 2, 1999] faith effort in compiling this list and will not be liable for inadvertent omis- § 76.702 Public access. sions. This list shall be current as of no A cable operator may refuse to trans- more than six months before the date mit any public access program or por- the consumer education program is dis- tion of a public access program that tributed to subscribers. Cable operators the operator reasonably believes con- are also required to encourage sub- tains obscenity. scribers to contact the cable operator to inquire about whether a particular [62 FR 28373, May 23, 1997]

592

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00592 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.802

Subpart M—Cable Inside Wiring cable home wiring within seven days of the subscriber’s decision, under normal § 76.800 Definitions. operating conditions, or make no sub- (a) MDU. A multiple dwelling unit sequent attempt to remove it or to re- building (e.g., an apartment building, strict its use. condominium building or cooperative). (2) Upon voluntary termination of (b) MDU owner. The entity that owns cable service by an individual sub- or controls the common areas of a mul- scriber in a multiple-unit installation, tiple dwelling unit building. a cable operator shall not be entitled (c) MVPD. A multichannel video pro- to remove the cable home wiring un- gramming distributor, as that term is less: it gives the subscriber the oppor- defined in Section 602(13) of the Com- tunity to purchase the wiring at the re- munications Act, 47 U.S.C. 522(13). placement cost; the subscriber de- (d) Home run wiring. The wiring from clines, and neither the MDU owner nor the demarcation point to the point at an alternative MVPD, where permitted which the MVPD’s wiring becomes de- by the MDU owner, has provided rea- voted to an individual subscriber or in- sonable advance notice to the incum- dividual loop. bent provider that it would purchase the cable home wiring pursuant to this [62 FR 61031, Nov. 14, 1997] section if and when a subscriber de- § 76.801 Scope. clines. If the cable system operator is entitled to remove the cable home wir- The provisions of this subpart set ing, it must then remove the wiring forth rules and regulations for the dis- within seven days of the subscriber’s position, after a subscriber voluntarily decision, under normal operating con- terminates cable service, of that cable ditions, or make no subsequent at- home wiring installed by the cable sys- tempt to remove it or to restrict its tem operator or its contractor within use. the premises of the subscriber. The pro- (3) The cost of the cable home wiring visions do not apply where the cable is to be based on the replacement cost home wiring belongs to the subscriber, per foot of the wiring on the sub- such as where the operator has trans- scriber’s side of the demarcation point ferred ownership to the subscriber, the multiplied by the length in feet of such operator has been treating the wiring wiring, and the replacement cost of as belonging to the subscriber for tax any passive splitters located on the purposes, or the wiring is considered to subscriber’s side of the demarcation be a fixture by state or local law in the point. subscriber’s jurisdiction. Nothing in (b) During the initial telephone call this subpart shall affect the cable sys- in which a subscriber contacts a cable tem operator’s rights and responsibil- operator to voluntarily terminate ities under § 76.617 to prevent excessive cable service, the cable operator—if it signal leakage while providing cable owns and intends to remove the home service, or the cable operator’s right to wiring—must inform the subscriber: access the subscriber’s property or (1) That the cable operator owns the premises. home wiring; [58 FR 11971, Mar. 2, 1993] (2) That the cable operator intends to remove the home wiring; § 76.802 Disposition of cable home wir- (3) That the subscriber has the right ing. to purchase the home wiring; and (a)(1) Upon voluntary termination of (4) What the per-foot replacement cable service by a subscriber in a single cost and total charge for the wiring unit installation, a cable operator shall would be (the total charge may be not remove the cable home wiring un- based on either the actual length of less it gives the subscriber the oppor- cable wiring and the actual number of tunity to purchase the wiring at the re- passive splitters on the customer’s side placement cost, and the subscriber de- of the demarcation point, or a reason- clines. If the subscriber declines to pur- able approximation thereof; in either chase the cable home wiring, the cable event, the information necessary for system operator must then remove the calculating the total charge must be

593

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00593 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.804 47 CFR Ch. I (10–1–99 Edition)

available for use during the initial mission’s signal leakage requirements. phone call). See Subpart K (technical standards) of (c) If the subscriber voluntarily ter- the Commission’s Cable Television minates cable service in person, the Service rules (47 CFR 76.605(a)(13) and procedures set forth in paragraph (b) of 76.610 through 76.617). this section apply. (i) Where the subscriber terminates (d) If the subscriber requests termi- cable service but will not be using the nation of cable service in writing, it is home wiring to receive another alter- the operator’s responsibility—if it native video programming service, the wishes to remove the wiring—to make cable operator shall properly cap off its reasonable efforts to contact the sub- own line in accordance with the Com- scriber prior to the date of service ter- mission’s signal leakage requirements. mination and follow the procedures set See Subpart K (technical standards) of forth in paragraph (b) of this section. the Commission’s Cable Television (e) If the cable operator fails to ad- Service rules (47 CFR 76.605(a)(13) and here to the procedures described in 76.610 through 76.617). paragraph (b) of this section, it will be (j) Cable operators are prohibited deemed to have relinquished imme- from using any ownership interests diately any and all ownership interests they may have in property located on in the home wiring; thus, the operator the subscriber’s side of the demarca- will not be entitled to compensation tion point, such as molding or conduit, for the wiring and shall make no subse- to prevent, impede, or in any way quent attempt to remove it or restrict interfere with, a subscriber’s right to its use. use his or her home wiring to receive (f) If the cable operator adheres to an alternative service. In addition, in- the procedures described in paragraph cumbent cable operators must take (b) of this section, and, at that point, reasonable steps within their control the subscriber agrees to purchase the to ensure that an alternative service wiring, constructive ownership over provider has access to the home wiring the home wiring will transfer to the at the demarcation point. Cable opera- subscriber immediately, and the sub- tors and alternative multichannel scriber will be permitted to authorize a video programming delivery service competing service provider to connect providers are required to minimize the with and use the home wiring. potential for signal leakage in accord- (g) If the cable operator adheres to ance with the guidelines set forth in 47 the procedures described in paragraph CFR 76.605(a)(13) and 76.610 through (b) of this section, and the subscriber 76.617, theft of service and unnecessary asks for more time to make a decision disruption of the consumer’s premises. regarding whether to purchase the (k) Definitions—Normal operating home wiring, the seven (7) day period conditions—The term ‘‘normal oper- described in paragraph (b) of this sec- ating conditions’’ shall have the same tion will not begin running until the meaning as at 47 CFR 76.309(c)(4)(ii). subscriber declines to purchase the wir- (l) The provisions of § 76.802, except ing; in addition, the subscriber may for § 76.802(a)(1), shall apply to all not use the wiring to connect to an al- MVPDs in the same manner that they ternative service provider until the apply to cable operators. subscriber notifies the operator wheth- [61 FR 6137, Feb. 16, 1996, as amended at 62 er or not the subscriber wishes to pur- FR 61031, Nov. 14, 1997] chase the wiring. (h) If an alternative video program- EFFECTIVE DATE NOTE: At 61 FR 6137, Feb. 16, 1996, § 76.802 was revised. This section con- ming service provider connects its wir- tains information collection and recording to the home wiring before the in- keeping requirements and will not become cumbent cable operator has terminated effective until approval has been given by service and has capped off its line to the Office of Management and Budget. prevent signal leakage, the alternative video programming service provider § 76.804 Disposition of home run wir- shall be responsible for ensuring that ing. the incumbent’s wiring is properly (a) Building-by-building disposition of capped off in accordance with the Com- home run wiring. (1) Where an MVPD

594

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00594 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.804

owns the home run wiring in an MDU provider shall have 30 days from the and does not (or will not at the conclu- date of election to negotiate a price. If sion of the notice period) have a legally the parties are unable to agree on a enforceable right to remain on the price within that 30-day time period, premises against the wishes of the the incumbent must elect: to abandon MDU owner, the MDU owner may give without disabling the wiring; to re- the MVPD a minimum of 90 days’ writ- move the wiring and restore the MDU ten notice that its access to the entire consistent with state law; or to submit building will be terminated to invoke the price determination to binding ar- the procedures in this section. The bitration by an independent expert. If MVPD will then have 30 days to notify the incumbent provider chooses to the MDU owner in writing of its elec- abandon or remove its wiring, it must tion for all the home run wiring inside notify the MDU owner at the time of the MDU building: to remove the wir- this election if and when it intends to ing and restore the MDU building con- terminate service before the end of the sistent with state law within 30 days of 90-day notice period. If the incumbent the end of the 90-day notice period or service provider elects to abandon its within 30 days of actual service termi- wiring at this point, the abandonment nation, whichever occurs first; to aban- shall become effective at the end of the don and not disable the wiring at the 90-day notice period or upon service end of the 90-day notice period; or to termination, whichever occurs first. If sell the wiring to the MDU building the incumbent elects at this point to owner. If the incumbent provider elects remove its wiring and restore the to remove or abandon the wiring, and building consistent with state law, it it intends to terminate service before must do so within 30 days of the end of the end of the 90-day notice period, the the 90-day notice period or within 30 incumbent provider shall notify the days of actual service termination, MDU owner at the time of this election which ever occurs first. of the date on which it intends to ter- (3) If the incumbent elects to submit minate service. If the incumbent pro- to binding arbitration, the parties shall vider elects to remove its wiring and have seven days to agree on an inde- restore the building consistent with pendent expert or to each designate an state law, it must do so within 30 days expert who will pick a third expert of the end of the 90-day notice period or within an additional seven days. The within 30 days of actual service termi- independent expert chosen will be re- nation, which ever occurs first. For quired to assess a reasonable price for purposes of abandonment, passive de- the home run wiring by the end of the vices, including splitters, shall be con- 90-day notice period. If the incumbent sidered part of the home run wiring. elects to submit the matter to binding The incumbent provider that has elect- arbitration and the MDU owner (or the ed to abandon its home run wiring may alternative provider) refuses to partici- remove its amplifiers or other active pate, the incumbent shall have no fur- devices used in the wiring if an equiva- ther obligations under the Commis- lent replacement can easily be re- sion’s home run wiring disposition pro- attached. In addition, an incumbent cedures. If the incumbent fails to com- provider removing any active elements ply with any of the deadlines estab- shall comply with the notice require- lished herein, it shall be deemed to ments and other rules regarding the re- have elected to abandon its home run moval of home run wiring. If the MDU wiring at the end of the 90-day notice owner declines to purchase the home period. run wiring, the MDU owner may per- (4) The MDU owner shall be permit an alternative provider that has mitted to exercise the rights of indi- been authorized to provide service to vidual subscribers under this sub- the MDU to negotiate to purchase the section for purposes of the disposition wiring. of the cable home wiring under § 76.802. (2) If the incumbent provider elects When an MDU owner notifies an in- to sell the home run wiring under para- cumbent provider under this section graph (a)(1) of this section, the incum- that the incumbent provider’s access to bent and the MDU owner or alternative the entire building will be terminated

595

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00595 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.804 47 CFR Ch. I (10–1–99 Edition)

and that the MDU owner seeks to use for each and every one of its home run the home run wiring for another serv- wires dedicated to a subscriber who ice, the incumbent provider shall, in chooses an alternative provider’s serv- accordance with our current home wir- ice, the incumbent MVPD will: remove ing rules: offer to sell to the MDU the wiring and restore the MDU build- owner any home wiring within the in- ing consistent with state law; abandon dividual dwelling units that the incum- the wiring without disabling it; or sell bent provider owns and intends to re- the wiring to the MDU owner. If the move; and provide the MDU owner with MDU owner refuses to purchase the the total per-foot replacement cost of home run wiring, the MDU owner may such home wiring. This information permit the alternative provider to pur- must be provided to the MDU owner chase it. If the alternative provider is within 30 days of the initial notice that permitted to purchase the wiring, it the incumbent’s access to the building will be required to make a similar elec- will be terminated. If the MDU owner tion within this 30-day period for each declines to purchase the cable home home run wire solely dedicated to a wiring, the MDU owner may allow the subscriber who switches back from the alternative provider to purchase the alternative provider to the incumbent home wiring upon service termination MVPD. under the terms and conditions of (2) If the incumbent provider elects § 76.802. If the MDU owner or the alter- to sell the home run wiring under para- native provider elects to purchase the graph (b)(1), the incumbent and the home wiring under these rules, it must MDU owner or alternative provider so notify the incumbent MVPD pro- shall have 30 days from the date of vider not later than 30 days before the election to negotiate a price. During incumbent’s termination of access to this 30-day negotiation period, the par- the building will become effective. If ties may arrange for an up-front lump the MDU owner and the alternative sum payment in lieu of a unit-by-unit provider fail to elect to purchase the payment. If the parties are unable to home wiring, the incumbent provider agree on a price during this 30-day time must then remove the cable home wir- period, the incumbent must elect: to ing, under normal operating condi- abandon without disabling the wiring; tions, within 30 days of actual service to remove the wiring and restore the termination, or make no subsequent MDU consistent with state law; or to attempt to remove it or to restrict its submit the price determination to use. binding arbitration by an independent (5) The parties shall cooperate to expert. If the incumbent elects to sub- avoid disruption in service to submit to binding arbitration, the parties scribers to the extent possible. shall have seven days to agree on an (b) Unit-by-unit disposition of home run independent expert or to each des- wiring: ignate an expert who will pick a third (1) Where an MVPD owns the home expert within an additional seven days. run wiring in an MDU and does not (or The independent expert chosen will be will not at the conclusion of the notice required to assess a reasonable price period) have a legally enforceable right for the home run wiring within 14 days. to maintain any particular home run If subscribers wish to switch service wire dedicated to a particular unit on providers after the expiration of the 60- the premises against the MDU owner’s day notice period but before the expert wishes, the MDU owner may permit issues its price determination, the pro- multiple MVPDs to compete for the cedures set forth in paragraph (b)(3) of right to use the individual home run this section shall be followed, subject wires dedicated to each unit in the to the price established by the arbi- MDU. The MDU owner must provide at trator. If the incumbent elects to sub- least 60 days’ written notice to the in- mit the matter to binding arbitration cumbent MVPD of the MDU owner’s in- and the MDU owner (or the alternative tention to invoke this procedure. The provider) refuses to participate, the in- incumbent MVPD will then have 30 cumbent shall have no further obliga- days to provide a single written elections under the Commission’s home tion to the MDU owner as to whether, run wiring disposition procedures.

596

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00596 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.804

(3) When an MVPD that is currently agent in providing notice of a sub- providing service to a subscriber is no- scriber’s desire to change services, con- tified either orally or in writing that sistent with state law. If a subscriber’s that subscriber wishes to terminate service is terminated without notifica- service and that another service pro- tion that another service provider in- vider intends to use the existing home tends to use the existing home run wir- run wire to provide service to that par- ing to provide service to that particular subscriber, a provider that has ticular subscriber, the incumbent pro- elected to remove its home run wiring vider will not be required to carry out pursuant to paragraph (b)(1) or (b)(2) of its election to sell, remove or abandon this section will have seven days to re- the home run wiring; the incumbent move its home run wiring and restore provider will be required to carry out the building consistent with state law. its election, however, if and when it re- If the subscriber has requested service termination more than seven days in ceives notice that a subscriber wishes the future, the seven-day removal pe- to use the home run wiring to receive riod shall begin on the date of actual an alternative service. Section 76.802 of service termination (and, in any event, the Commission’s rules regarding the shall end no later than seven days after disposition of cable home wiring will the requested date of termination). If apply where a subscriber’s service is the provider has elected to abandon or terminated without notifying the in- sell the wiring pursuant to paragraph cumbent provider that the subscriber (b)(1) or (b)(2) of this section, the aban- wishes to use the home run wiring to donment or sale will become effective receive an alternative service. upon actual service termination or (5) The parties shall cooperate to upon the requested date of termi- avoid disruption in service to sub- nation, whichever occurs first. For pur- scribers to the extent possible. poses of abandonment, passive devices, (6) Section 76.802 of the Commission’s including splitters, shall be considered rules regarding the disposition of cable part of the home run wiring. The in- home wiring will continue to apply to cumbent provider may remove its am- the wiring on the subscriber’s side of plifiers or other active devices used in the cable demarcation point. the wiring if an equivalent replace- (c) The procedures set forth in para- ment can easily be reattached. In addi- graphs (a) and (b) of this section shall tion, an incumbent provider removing any active elements shall comply with apply unless and until the incumbent the notice requirements and other provider obtains a court ruling or an rules regarding the removal of home injunction within forty-five (45) days run wiring. If the incumbent provider following the initial notice enjoining intends to terminate service prior to its displacement. the end of the seven-day period, the in- (d) After the effective date of this cumbent shall inform the party re- rule, MVPDs shall include a provision questing service termination, at the in all service contracts entered into time of such request, of the date on with MDU owners setting forth the dis- which service will be terminated. The position of any home run wiring in the incumbent provider shall make the MDU upon the termination of the con- home run wiring accessible to the al- tract. ternative provider within twenty-four (e) Incumbents are prohibited from (24) hours of actual service termi- using any ownership interest they may nation. have in property located on or near the (4) If the incumbent provider fails to home run wiring, such as molding or comply with any of the deadlines es- conduit, to prevent, impede, or in any tablished herein, the home run wiring way interfere with, the ability of an al- shall be considered abandoned, and the ternative MVPD to use the home run incumbent may not prevent the alter- wiring pursuant to this section. native provider from using the home (f) Section 76.804 shall apply to all run wiring immediately to provide MVPDs. service. The alternative provider or the MDU owner may act as the subscriber’s [62 FR 61032, Nov. 14, 1997]

597

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00597 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.805 47 CFR Ch. I (10–1–99 Edition)

§ 76.805 Access to molding. physical integrity of the cable operator’s wiring remains intact. (a) An MVPD shall be permitted to (b) Cable operators may require that install one or more home run wires home wiring (including passive split- within the existing molding of an MDU ters, connectors and other equipment where the MDU owner finds that there used in the installation of home wir- is sufficient space to permit the instal- ing) meets reasonable technical speci- lation of the additional wiring without fications, not to exceed the technical interfering with the ability of an exist- specifications of such equipment in- ing MVPD to provide service, and gives stalled by the cable operator; provided its affirmative consent to such instal- however, that if electronic or physical lation. This paragraph shall not apply harm is caused to the cable system, the where the incumbent provider has an cable operator may impose additional exclusive contractual right to occupy technical specifications to eliminate the molding. such harm. To the extent a customer’s (b) If an MDU owner finds that there installations or rearrangements of wir- is insufficient space in existing molding degrade the signal quality of or ing to permit the installation of the interfere with other customers’ signals, new wiring without interfering with or cause electronic or physical harm to the ability of an existing MVPD to pro- the cable system, the cable operator vide service, but gives its affirmative may discontinue service to that sub- consent to the installation of larger scriber until the degradation or inter- molding and additional wiring, the ference is resolved. MDU owner (with or without the as- (c) Customers shall not physically sistance of the incumbent and/or the cut, substantially alter, improperly alternative provider) shall be per- terminate or otherwise destroy cable mitted to remove the existing molding, operator-owned home wiring. return such molding to the incumbent, [62 FR 61034, Nov. 14, 1997] if appropriate, and install additional wiring and larger molding in order to contain the additional wiring. This Subpart N—Cable Rate Regulation paragraph shall not apply where the incumbent provider possesses a contrac- SOURCE: 58 FR 29753, May 21, 1993, unless tual right to maintain its molding on otherwise noted. the premises without alteration by the EFFECTIVE DATE NOTE: The effective date MDU owner. of the amendments to part 76, published at 58 (c) The alternative provider shall be FR 29737 (May 21, 1993), extended to October 1, 1993, by an order published at 58 FR 33560 required to pay any and all installation (June 18, 1993), and moved to September 1, costs associated with the implementa- 1993, by an order published at 58 FR 41042 tion of paragraphs (a) or (b) of this sec- (August 2, 1993), is temporarily stayed for tion, including the costs of restoring those cable systems that have 1,000 or fewer the MDU owner’s property to its origi- subscribers. This limited, temporary stay is nal condition, and the costs of repair- effective September 1, 1993, and will remain ing any damage to the incumbent pro- in effect until the Commission terminates vider’s wiring or other property. the stay and establishes a new effective date in an order on reconsideration addressing the [62 FR 61033, Nov. 14, 1997] administrative burdens and costs of compliance for small cable systems. The Commis- § 76.806 Pre-termination access to sion will publish in the FEDERAL REGISTER cable home wiring. the new effective date of the rules with respect to small cable systems at that time. (a) Prior to termination of service, a customer may: install or provide for § 76.900 Temporary freeze of cable the installation of their own cable rates. home wiring; or connect additional (a) The average monthly subscriber home wiring, splitters or other equip- bill for services provided by cable oper- ment within their premises to the wir- ators subject to regulation under Sec- ing owned by the cable operator, so tion 623 of the Communications Act long as no electronic or physical harm shall not increase above the average is caused to the cable system and the monthly subscriber bill determined

598

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00598 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.905

under rates in effect on April 5, 1993, mined by the number of subscribers for a period of 120 days. that are served by the system’s prin- (b) The average monthly subscriber cipal headend, including any other bill shall be calculated by determining headends or microwave receive sites for a monthly billing cycle the sum of that are technically integrated to the all billed monthly charges for all cable principal headend. services subject to regulation under (d) New Product Tier. A new product section 623 of the Communications Act tier (‘‘NPT’’) is a cable programming and dividing that sum by the number service tier meeting the conditions set of subscribers receiving any of those forth in § 76.987. services. The average monthly sub- (e) Small cable company. A small cable scriber bill determined under rates in company is a cable television operator effect on April 5, 1993, shall be cal- that serves a total of 400,000 or fewer culated based on customer charges for subscribers over one or more cable sys- the most recent monthly billing cycle tems. ending prior to April 5, 1993. (f) Small cable operator. A small cable operator is an operator that, directly § 76.901 Definitions. or through an affiliate, serves in the (a) Basic service. The basic service aggregate fewer than 1 percent of all tier shall, at a minimum, include all subscribers in the United States and is signals of domestic television broad- not affiliated with any entity or enti- cast stations provided to any sub- ties whose gross annual revenues in the scriber (except a signal secondarily aggregate exceed $250,000,000. For pur- transmitted by satellite carrier beyond poses of this definition, an operator the local service area of such station, shall be deemed affiliated with another regardless of how such signal is ulti- entity if that entity holds a 20 percent mately received by the cable system) or greater equity interest (not includ- any public, educational, and governing truly passive investment) in the op- mental programming required by the erator or exercises de jure or de facto franchise to be carried on the basic control over the operator. tier, and any additional video program- NOTE 1 TO PARAGRAPH (f): Using the most ming signals a service added to the reliable sources publicly available, the Com- basic tier by the cable operator. mission periodically will determine and give (b) Cable programming service. Cable public notice of the subscriber count that will serve as the 1 percent threshold until a programming service includes any new number is calculated. video programming provided over a NOTE 2 TO PARAGRAPH (f): For a discussion cable system, regardless of service tier, of passive interests with respect to small including installation or rental of cable operators, see Implementation of Cable equipment used for the receipt of such Act Reform Provisions of the Telecommuni- video programming, other than: cations Act of 1996, Report and Order in CS (1) Video programming carried on the Docket No. 96–85, FCC 99–57 (released March basic service tier as defined in this sec- 29, 1999). NOTE 3 TO PARAGRAPH (f): If two or more tion; entities unaffiliated with each other each (2) Video programming offered on a hold an equity interest in the small cable op- pay-per-channel or pay-per-program erator, the equity interests of the unaffili- basis; or ated entities will not be aggregated with (3) A combination of multiple chan- each other for the purpose of determining nels of pay-per-channel or pay-per-pro- whether an entity meets or passes the 20 per- gram video programming offered on a cent affiliation threshold. multiplexed or time-shifted basis so [58 FR 29753, May 21, 1993, as amended at 59 long as the combined service: FR 62623, Dec. 6, 1994; 60 FR 35864, July 12, (i) Consists of commonly-identified 1995; 64 FR 35950, July 2, 1999] video programming; and (ii) Is not bundled with any regulated § 76.905 Standards for identification of tier of service. cable systems subject to effective (c) Small System. A small system is a competition. cable television system that serves (a) Only the rates of cable systems 15,000 or fewer subscribers. The service that are not subject to effective com- area of a small system shall be deter- petition may be regulated.

599

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00599 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.906 47 CFR Ch. I (10–1–99 Edition)

(b) A cable system is subject to effec- ice, a direct broadcast satellite service, tive competition when any one of the a television receive-only satellite pro- following conditions is met: gram distributor, a video dialtone serv- (1) Fewer than 30 percent of the ice provider, or a satellite master an- households in its franchise area sub- tenna television service provider that scribe to the cable service of a cable makes available for purchase, by sub- system. scribers or customers, multiple chan- (2) The franchise area is: nels of video programming. (i) Served by at least two unaffiliated (e) Service of a multichannel video multichannel video programming dis- programming distributor will be tributors each of which offers com- deemed offered: parable programming to at least 50 percent of the households in the franchise (1) When the multichannel video pro- area; and gramming distributor is physically (ii) the number of households sub- able to deliver service to potential subscribing to multichannel video pro- scribers, with the addition of no or gramming other than the largest mul- only minimal additional investment by tichannel video programming dis- the distributor, in order for an indi- tributor exceeds 15 percent of the vidual subscriber to receive service; households in the franchise area. and (3) A multichannel video program- (2) When no regulatory, technical or ming distributor, operated by the fran- other impediments to households tak- chising authority for that franchise ing service exist, and potential sub- area, offers video programming to at scribers in the franchise area are rea- least 50 percent of the households in sonably aware that they may purchase the franchise area. the services of the multichannel video (4) A local exchange carrier or its af- programming distributor. filiate (or any multichannel video pro- (f) For purposes of determining the gramming distributor using the facili- number of households subscribing to ties of such carrier or its affiliate) of- the services of a multichannel video fers video programming services di- programming distributor other than rectly to subscribers by any means the largest multichannel video pro- (other than direct-to-home satellite gramming distributor, under paragraph services) in the franchise area of an unaffiliated cable operator which is pro- (b)(2)(ii) of this section, the number of viding cable service in that franchise subscribers of all multichannel video area, but only if the video program- programming distributors that offer ming services so offered in that area service in the franchise area will be ag- are comparable to the video program- gregated. ming services provided by the unaffili- (g) In order to offer comparable pro- ated cable operator in that area. gramming as that term is used in this (c) For purposes of paragraphs (b)(1) section, a competing multichannel through (b)(3) of this section, each sep- video programming distributor must arately billed or billable customer will offer at least 12 channels of video pro- count as a household subscribing to or gramming, including at least one chan- being offered video programming serv- nel of nonbroadcast service program- ices, with the exception of multiple ming. dwelling buildings billed as a single customer. Individual units of multiple [58 FR 29753, May 21, 1993, as amended at 59 dwelling buildings will count as sepa- FR 17972, Apr. 15, 1994; 61 FR 18978, Apr. 30, rate households. The term ‘‘house- 1996; 62 FR 6495, Feb. 12, 1997; 64 FR 35950, July 2, 1999] holds’’ shall not include those dwell- ings that are used solely for seasonal, § 76.906 Presumption of no effective occasional, or recreational use. competition. (d) A multichannel video program distributor, for purposes of this sec- In the absence of a demonstration to tion, is an entity such as, but not lim- the contrary, cable systems are pre- ited to, a cable operator, a multi- sumed not to be subject to effective channel multipoint distribution serv- competition.

600

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00600 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.910

§ 76.907 Petition for a determination of (2) The franchising authority has the effective competition. legal authority to adopt, and the personnel to administer, such regulations; (a) A cable operator (or other interested party) may file a petition for a (3) Procedural laws and regulations applicable to rate regulation pro- determination of effective competition ceedings by such authority provide a with the Commission pursuant to the reasonable opportunity for consider- Commission’s procedural rules in § 76.7. ation of the views of interested parties; (b) The cable operator bears the bur- and den of rebutting the presumption that (4) The cable system in question is effective competition does not exist not subject to effective competition. with evidence that effective competi- Unless a franchising authority has action, as defined in § 76.905, exists in the tual knowledge to the contrary, the franchise area. franchising authority may rely on the NOTE TO PARAGRAPH (b): The criteria for presumption in § 76.906 that the cable determining effective competition pursuant operator is not subject to effective to § 76.905(b)(4) are described in Implementa- competition. tion of Cable Act Reform Provisions of the (c) The written certification de- Telecommunications Act of 1996, Report and scribed in paragraph (b) of this section Order in CS Docket No. 96–85, FCC 99–57 (re- shall be made by filing the FCC form leased March 29, 1999). designated for that purpose. The form (c) If the evidence establishing effec- must be filed by tive competition is not otherwise (1) Registered mail, return receipt re- available, cable operators may request quested, or from a competitor information regard- (2) Hand-delivery to the Commission ing the competitor’s reach and number and a date-stamped copy obtained. The of subscribers. A competitor must re- date on the return receipt or on the spond to such request within 15 days. date-stamped copy is the date filed. Such responses may be limited to nu- (d) A copy of the certification form merical totals. In addition, with re- described in paragraph (c) of this sec- spect to petitions filed seeking to dem- tion must be served on the cable oper- onstrate the presence of effective com- ator before or on the same day it is petition pursuant to § 76.905(b)(4), the filed with the Commission. Commission may issue an order direct- (e) Unless the Commission notifies ing one or more persons to produce in- the franchising authority otherwise, formation relevant to the petition’s the certification will become effective disposition. 30 days after the date filed, provided, however, That the franchising author- [64 FR 35950, July 2, 1999] ity may not regulate the rates of a cable system unless it: § 76.910 Franchising authority certifi- (1) Adopts regulations: cation. (i) Consistent with the Commission’s (a) A franchising authority must be regulations governing the basic tier; certified by the Commission in order to and regulate the basic service tier and asso- (ii) Providing a reasonable oppor- ciated equipment of a cable system tunity for consideration of the views of within its jurisdiction. interested parties, within 120 days of (b) To be certified, the franchising the effective date of certification; and authority must file with the Commis- (2) Notifies the cable operator that sion a written certification that: the authority has been certified and (1) The franchising authority will has adopted the regulations required adopt and administer regulations with by paragraph (e)(1) of this section. respect to the rates for the basic serv- (f) If the Commission denies a fran- ice tier that are consistent with the chising authority’s certification, the regulations prescribed by the Commis- Commission will notify the franchising sion for regulation of the basic service authority of any revisions or modifica- tier; tions necessary to obtain approval.

601

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00601 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.911 47 CFR Ch. I (10–1–99 Edition)

§ 76.911 Petition for reconsideration of §76.912 Joint certification. certification. (a) Franchising authorities may (a) A cable operator (or other inter- apply for joint certification and may ested party) may challenge a fran- engage in joint regulation, including, chising authority’s certification by fil- but not limited to, joint hearings, data ing a petition for reconsideration pur- collection, and ratemaking. Fran- suant to § 1.106. The petition may al- chising authorities jointly certified to lege either of the following: regulate their cable system(s) may (1) The cable operator is not subject make independent rate decisions. to rate regulation because effective (b) Franchising authorities may competition exists as defined in § 76.905. apply for joint certification regardless Sections 76.907(b) and (c) apply to peti- of whether the authorities are served tions filed under this section. by the same cable system or by dif- (2) The franchising authority does ferent cable systems and regardless of not meet the certification standards whether the rates in each franchising set forth in 47 U.S.C. 543(a)(3). area are uniform. (b) Stay of rate regulation. (1) The filing of a petition for reconsideration § 76.913 Assumption of jurisdiction by pursuant to paragraph (a)(1) of this sec- the Commission. tion will automatically stay the impo- (a) Upon denial or revocation of the sition of rate regulation pending the outcome of the reconsideration pro- franchising authority’s certification, ceeding. the Commission will regulate rates for cable services and associated equip- (2) A petitioner filing pursuant to paragraph (a)(2) of this section may re- ment of a cable system not subject to quest a stay of rate regulation. effective competition, as defined in § 76.905, in a franchise area. Such regu- (3) In any case in which a stay of rate regulation has been granted, if the pe- lation by the Commission will continue tition for reconsideration is denied, the until the franchising authority has ob- cable operator may be required to retained certification or recertification. fund any rates or portion of rates (b) A franchising authority unable to above the permitted tier charge or per- meet certification standards may peti- mitted equipment charge which were tion the Commission to regulate the collected from the date the operator rates for basic cable service and associ- implements a prospective rate reduc- ated equipment of its franchisee when: tion back in time to September 1, 1993, (1) The franchising authority lacks or one year, whichever is shorter. the resources to administer rate regu- (c) The filing of a petition for recon- lation. sideration alleging the presence of ef- (2) The franchising authority lacks fective competition based on frivolous the legal authority to regulate basic grounds is prohibited, and may be sub- service rates; Provided, however, That ject to forfeitures. the authority must submit with its re- (d) If the Commission upholds a chal- quest a statement detailing the nature lenge to a certification filed pursuant of the legal infirmity. to paragraph (a)(2) of this section, the (c) The Commission will regulate Commission will notify the franchising basic service rates pursuant to this authority of the revisions necessary to Section until the franchising authority secure approval and provide the au- qualifies to exercise jurisdiction pursu- thority an opportunity to amend its ant to § 76.916. certification however necessary to secure approval. Provided, however, That [58 FR 29753, May 21, 1993, as amended at 62 FR 6495, Feb. 12, 1997] pending approval of certification, the Commission will assume jurisdiction EFFECTIVE DATE NOTE: At 62 FR 6495, Feb. over basic cable service rates in that 12, 1997, in § 76.913, paragraph (b)(1) was re- franchise area. vised. This amendment contains information collection and recordkeeping requirements [58 FR 29753, May 21, 1993, as amended at 58 and will not become effective until approval FR 46735, Sept. 2, 1993; 64 FR 35950, July 2, has been given by the Office of Management 1999] and Budget.

602

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00602 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.921

§ 76.914 Revocation of certification. ested party that participated in the (a) A franchising authority’s certifi- proceeding denying or revoking the cation shall be revoked if: original certification. (1) After the franchising authority (d) Oppositions may be filed within 15 has been given a reasonable oppor- days after the petition is filed, and tunity to comment and cure any minor must be served on the petitioner. Re- nonconformance, it is determined that plies may be filed within seven days of state and local laws and regulations filing of oppositions, and must be are in substantial and material conflict served on the opposing party(ies). with the Commission’s regulations governing cable rates. § 76.917 Notification of certification (2) After being given an opportunity withdrawal. to cure the defect, a franchising au- A franchising authority that has thority fails to fulfill one of the three been certified to regulate rates may, at conditions for certification, set forth in any time, notify the Commission that 47 U.S.C. 543(a)(3), or any of the provi- it no longer intends to regulate basic sions of § 76.910(b). cable rates. Such notification shall in- (b) In all cases of revocation, the clude the franchising authority’s deter- Commission will assume jurisdiction mination that rate regulation no over basic service rates until an au- longer serves the interests of cable sub- thority becomes recertified. The Com- scribers served by the cable system mission will also notify the franchising within the franchising authority’s ju- authority regarding the corrective ac- risdiction, and that it has received no tion that may be taken. (c) A cable operator may file a peti- consideration for its withdrawal of cer- tion for special relief pursuant to § 76.7 tification. Such notification shall be of this part seeking revocation of a served on the cable operator. The Com- franchising authority’s certification. mission retains the right to review (d) While a petition for revocation is such determinations and to request the pending, and absent grant of a stay, the factual finding of the franchising au- franchising authority may continue to thority underlying its decision to with- regulate the basic service rates of its draw certification. The franchising franchisees. authority’s withdrawal becomes effective upon notification to the Commis- [58 FR 29753, May 21, 1993, as amended at 59 sion. FR 17972, Apr. 15, 1994; 64 FR 6572, Feb. 10, 1999] [59 FR 17972, Apr. 15, 1994]

§ 76.916 Petition for recertification. § 76.920 Composition of the basic tier. (a) After its request for certification Every subscriber of a cable system has been denied or its existing certifi- must subscribe to the basic tier in cation has been revoked, a franchising order to subscribe to any other tier of authority wishing to assume jurisdic- video programming or to purchase any tion to regulate basic service and asso- other video programming. ciated equipment rates must file a ‘‘Pe- tition for Recertification’’ accom- § 76.921 Buy-through of other tiers panied by a copy of the earlier decision prohibited. denying or revoking certification. (b) The petition must: (a) No cable system operator, other (1) Meet the requirements set forth in than an operator subject to effective 47 U.S.C. 543(a)(3); competition, may require the subscrip- (2) State that the cable system is not tion to any tier other than the basic subject to effective competition; and service tier as a condition of subscrip- (3) Contain a clear showing, sup- tion to video programming offered on a ported by either objectively verifiable per channel or per program charge data such as a state statute, or by affi- basis. A cable operator may, however, davit, that the reasons for the earlier require the subscription to one or more denial or revocation no longer pertain. tiers of cable programming services as (c) The petition must be served on a condition of access to one or more the cable operator and on any inter- tiers of cable programming services.

603

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00603 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.922 47 CFR Ch. I (10–1–99 Edition)

(b) A cable operator not subject to ef- compliance. The maximum monthly fective competition may not discrimi- charge per subscriber for a tier of regu- nate between subscribers to the basic lated programming services offered by service tier and other subscribers with a cable system shall consist of a per- regard to the rates charged for video mitted per channel charge multiplied programming offered on a per-channel by the number of channels on the tier, or per-program charge basis. plus a charge for franchise fees. The (c) With respect to cable systems not maximum monthly charges for regu- subject to effective competition, prior lated programming services shall not to October 5, 2002, the provisions of include any charges for equipment or paragraph (a) of this section shall not installations. Charges for equipment apply to any cable system that lacks and installations are to be calculated the capacity to offer basic service and separately pursuant to § 76.923. The all programming distributed on a per same rate-making methodology (either channel or per program basis without the benchmark methodology found in also providing other intermediate tiers paragraph (b) of this section, or a cost- of service: of-service showing) shall be used to set (1) By controlling subscriber access initial rates on all rate regulated tiers, to nonbasic channels of service through and shall continue to provide the basis addressable equipment electronically for subsequent permitted charges. controlled from a central control point; (b) Permitted charge on May 15, 1994. or (1) The permitted charge for a tier of (2) Through the installation, non- regulated program service shall be, at installation, or removal of frequency the election of the cable system, ei- filters (traps) at the premises of sub- ther: scribers without other alteration in (i) A rate determined pursuant to a system configuration or design and cost-of-service showing; without causing degradation in the (ii) The full reduction rate; technical quality of service provided. (iii) The transition rate, if the sys- (d) With respect to cable systems not tem is eligible for transition relief; or subject to effective competition, any (iv) A rate based on a streamlined retiering of channels or services that is rate reduction, if the system is eligible not undertaken in order to accomplish to implement such a rate reduction. legitimate regulatory, technical, or Except where noted, the term ‘‘rate’’ in customer service objectives and that is this subsection means a rate measured intended to frustrate or has the effect on an average regulated revenue per of frustrating compliance with para- subscriber basis. graphs (a) through (c) of this section is (2) Full reduction rate. The ‘‘full re- prohibited. duction rate’’ on May 15, 1994 is the [62 FR 6495, Feb. 12, 1997] system’s September 30, 1992 rate, measured on an average regulated revenue § 76.922 Rates for the basic service tier per subscriber basis, reduced by 17 per- and cable programming services cent, and then adjusted for the fol- tiers. lowing: (a) Basic and cable programming service (i) The establishment of permitted tier rates. Basic service tier and cable equipment rates as required by § 76.923; programming service rates shall be (ii) Inflation measured by the GNP– subject to regulation by the Commis- PI between October 1, 1992 and Sep- sion and by state and local authorities, tember 30, 1993; as is appropriate, in order to assure (iii) Changes in the number of pro- that they are in compliance with the gram channels subject to regulation requirements of 47 U.S.C. 543. Rates that are offered on the system’s pro- that are demonstrated, in accordance gram tiers between September 30, 1992 with this part, not to exceed the ‘‘Ini- and the earlier of the initial date of tial Permitted Per Channel Charge’’ or regulation for any tier or February 28, the ‘‘Subsequent Permitted Per Chan- 1994; and nel Charge’’ as described in this sec- (iv) Changes in external costs that tion, or the equipment charges as spec- have occurred between the earlier of ified in § 76.923, will be accepted as in the initial date of regulation for any

604

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00604 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.922

tier or February 28, 1994, and March 31, (iii) Notwithstanding the foregoing, 1994. the transition rate for a tier shall be (3) March 31, 1994 benchmark rate. The adjusted to reflect any determination ‘‘March 31, 1994 benchmark rate’’ is the by a local franchising authority and/or rate so designated using the calcula- the Commission that the rate in effect tions in Form 1200. on March 31, 1994 was higher (or lower) (4) Transition rates—(i) Termination of than that permitted under applicable transition relief for systems other than Commission regulations. A filing re- low price systems. Systems other than flecting the adjusted rate shall be sub- low-price systems that already have es- mitted to all relevant authorities with- tablished a transition rate as of the ef- in 30 days after issuance of the local fective date of this rule may maintain franchising authority and/or Commis- their current rates, as adjusted under sion determination. A system whose the price cap requirements of March 31, 1994 rate is determined by a § 76.922(d), until two years from the ef- local franchising authority or the Com- fective date of this rule. These systems mission to be too high under the Com- must begin charging reasonable rates mission’s rate regulations in effect be- in accordance with applicable rules, fore May 15, 1994 will be subject to any other than transition relief, no later refund liability that may accrue under than that date. those rules. In addition, the system (ii) Low-price systems. Low price sys- will be liable for refund liability under tems shall be eligible to establish a the rules in effect on and after May 15, transition rate for a tier. 1994. Such refund liability will be meas- (A) A low-price system is a system: ured by the difference in the system’s (1) Whose March 31, 1994 rate is below March 31, 1994 rate and its permitted its March 31, 1994 benchmark rate, or March 31, 1994 rate as calculated under (2) Whose March 31, 1994 rate is above the Commission’s rate regulations in its March 31, 1994 benchmark rate, but effect before May 15, 1994. The refund whose March 31, 1994 full reduction rate liability will accrue according to the is below its March 31, 1994 benchmark time periods set forth in §§ 76.942, and rate, as defined in § 76.922(b)(2), above. 76.961 of the Commission’s rules. (B) The transition rate on May 15, (5) Streamlined rate reductions. (i) 1994 for a system whose March 31, 1994 Upon becoming subject to rate regula- rate is below its March 31, 1994 bench- tion, a small system owned by a small mark rate is the system’s March 31, cable company may make a stream- 1994 rate. The March 31, 1994 rate is in lined rate reduction, subject to the fol- both cases adjusted: lowing conditions, in lieu of estab- (1) To establish permitted rates for lishing initial rates pursuant to the equipment as required by § 76.923 if other methods of rate regulation set such rates have not already been estab- forth in this subpart: lished; and (A) Small systems that are owned by (2) For changes in external costs in- small cable companies and that have curred between the earlier of initial not already restructured their rates to date of regulation of any tier or Feb- comply with the Commission’s rules ruary 28, 1994, and March 31, 1994, to may establish rates for regulated pro- the extent changes in such costs are gram services and equipment by mak- not already reflected in the system’s ing a streamlined rate reduction. March 31, 1994 rate. The transition rate Small systems owned by small cable on May 15, 1994 for a system whose companies shall not be eligible for March 31, 1994 adjusted rate is above its streamlined rate reductions if they are March 31, 1994 benchmark rate, but owned or controlled by, or are under whose March 31, 1994 full reduction rate common control or affiliated with, a is below its March 31, 1994 benchmark cable operator that exceeds these sub- rate, is the March 31, 1994 benchmark scriber limits. For purposes of this rate, adjusted to establish permitted rule, a small system will be considered rates for equipment as required by ‘‘affiliated with’’ such an operator if § 76.923 if such rates have not already the operator has a 20 percent or greater been established. equity interest in the small system.

605

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00605 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.922 47 CFR Ch. I (10–1–99 Edition)

(B) The streamlined rate for a tier on (3) A small system is required to give May 15, 1994 shall be the system’s written notice of, and to implement, March 31, 1994 rate for the tier, reduced the rates that are produced by the by 14 percent. A small system that streamlined rate reduction process elects to establish its rate for a tier by only once. If a system has already pro- implementing this streamlined rate re- vided notice of, and implemented, the duction must also reduce, at the same streamlined rate reductions when a time, each billed item of regulated given tier becomes subject to regula- cable service, including equipment, by tion, it must report to the relevant 14 percent. Regulated rates established regulator (either the franchising au- using the streamlined rate reduction thority or the Commission) in writing process shall remain in effect until: within 30 days of becoming subject to (1) Adoption of a further order by the regulation that it has already provided Commission establishing a schedule of the required notice and implemented average equipment costs; the required rate reductions. (2) The system increases its rates (ii) The stremlined rate for a tier on using the calculations and time periods May 15, 1994 shall be the system’s set forth in FCC Form 1211; or March 31, 1994 rate for the tier, reduced (3) The system elects to establish by 14 percent. A small system that permitted rates under another avail- elects to establish its rate for a tier by implementing this streamlined rate re- able option set forth in paragraph (b)(1) duction must also reduce, at the same of this section. time, each billed item of regulated (C) . Implementation and notification cable service, including equipment, by An eligible small system that elects to 14 percent. Regulated rates established use the streamlined rate reduction using the streamlined rate reduction process must implement the required process shall remain in effect until: rate reductions and provide written no- (A) Adoption of a further order by tice of such reductions to subscribers, the Commission establishing a sched- the local franchising authority and the ule of average equipment costs; Commission according to the following (B) The system increases its rates schedule: using the calculations and time periods (1) Within 60 days from the date it re- set forth in FCC Form 1211; or ceives the initial notice of regulation (C) The system elects to establish from the franchising authority or the permitted rates under another avail- Commission, the small system must able option set forth in paragraph (b)(1) provide written notice to subscribers of this section. and the franchising authority, or to (iii) Implementation and notification. the Commission if the Commission is An eligible small system that elects to regulating the basic tier, that it is use the streamlined rate reduction electing to set its regulated rates by process must implement the required the streamlined rate reduction process. rate reductions and provide written no- The system must then implement the tice of such reductions to subscribers, streamlined rate reductions within 30 the local franchising authority and the days after the written notification has Commission according to the following been provided to subscribers and the schedule: local franchise authority or Commis- (A) Where the franchising authority sion. has been certified by the Commission (2) If a cable programming services to regulate the small system’s basic complaint is filed against the system, service tier rates as of May 15, 1994, the the system must provide the required system must notify the franchising au- written notice, described in paragraph thority and its subscribers in writing (b)(5)(iii)(C)(1) of this section, to sub- that it is electing to set its regulated scribers, the local franchising author- rates by the streamline rate reduction ity or the Commission within 60 days process. Such notice must be given by after the complaint is filed. The system June 15, 1994, and must also describe must then implement the streamlined the new rates that will result from the rate reductions within 30 days after the streamlined rate reduction process. written notification has been provided. Those rates must then be implemented

606

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00606 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.922

within 30 days after the written notifi- chising authority or the Commission cation has been provided to subscribers within 30 days after the complaint is and the local franchising authority. filed. The system must then implement (B) Where the franchising authority the streamlined rate reductions within has not been certified to regulate basic 30 days after the written notification service tier rates by May 15, 1994, the has been provided. small system must provide the written (F) A small system is required to give notice to subscribers and the fran- written notice of, and to implement, chising authority, described in para- the rates that are produced by the graph (b)(5)(iii)(A) of this section, with- streamlined rate reduction process in 30 days from the date it receives the only once. If a system has already pro- initial notice of regulation from the vided notice of, and implemented, the franchising authority. The system streamlined rate reductions when a must then implement the streamlined given tier becomes subject to regula- rate reductions within 30 days after the tion, it must report to the relevant written notification has been provided to subscribers and the local franchise regulator (either the franchising au- authority. thority or the Commission) in writing (C) Where the Commission is regu- within 30 days of becoming subject to lating the small system’s basic service regulation that it has already provided tier rates as of May 15, 1994, the system the required notice and implemented must notify the Commission and its the required rate reductions. subscribers in writing that it is elect- (6) Establishment of initial regulated ing to set its regulated rates by the rates. (i) Cable systems, other than streamlined rate reduction process. those eligible for streamlined rate re- Such notice must be given by June 15, ductions, shall file FCC Forms 1200, 1994, and must also describe the new 1205, and 1215 for a tier that is regu- rates that will result from the stream- lated on May 15, 1994 by June 15, 1994, lined rate reduction process. Those or thirty days after the initial date of rates must then be implemented within regulation for the tier. A system that 30 days after the written notification becomes subject to regulation for the has been provided to subscribers and first time on or after July 1, 1994 shall the Commission. also file FCC Form 1210 at the time it (D) Where the Commission begins files FCC Forms 1200, 1205 and 1215. regulating basic service rates after (ii) A cable system will not incur re- May 15, 1994, the small system must fund liability under the Commission’s provide the written notice to sub- rules governing regulated cable rates scribers and the Commission, described on and after May 15, 1994 if: in paragraph (b)(5)(iii)(C) of this sec- (A) Between March 31, 1994 and July tion, within 30 days from the date it re- 14, 1994, the system does not change the ceives an initial notice of regulation. rate for, or restructure in any fashion, The system must then implement the streamlined rate reductions within 30 any program service or equipment of- days after the written notification has fering that is subject to regulation been provided to subscribers and the under the 1992 Cable Act; and Commission. (B) The system establishes a per- (E) If a complaint about its cable pro- mitted rate defined in paragraph (b) of gramming service rates has been filed this section by July 14, 1994. The defer- with the Commission on or before May ral of refund liability permitted by this 15, 1994, the small system must provide subsection will terminate if, after the written notice described in para- March 31, 1994, the system changes any graph (b)(5)(iii)(A) of this section, to rate for, or restructures, any program subscribers, the local franchising au- service or equipment offering subject thority and the Commission by June to regulation, and in all events will ex- 15, 1994. If a cable programming serv- pire on July 14, 1994. Moreover, the de- ices complaint is filed against the sys- ferral of refund liability permitted by tem after May 15, 1994, the system this paragraph does not apply to refund must provide the required written no- liability that occurs because the sys- tice to subscribers, the local fran- tem’s March 31, 1994 rates for program

607

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00607 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.922 47 CFR Ch. I (10–1–99 Edition)

services and equipment subject to regu- May 15, 1994 shall be, at the election of lation are higher than the levels per- the cable system, either: mitted under the Commission’s rules in (i) A rate determined pursuant to a effect before May 15, 1994. cost-of-service showing, (7) For purposes of this section, the (ii) A rate determined by application initial date of regulation for the basic of the Commission’s price cap require- service tier shall be the date on which ments set forth in paragraph (d) of this notice is given pursuant to § 76.910, that section to a permitted rate determined the provision of the basic service tier is in accordance with paragraph (b) of subject to regulation. For a cable pro- this section, or gramming services tier, the initial date (iii) A rate determined by application of regulation shall be the first date on of the Commission’s price cap require- which a complaint on the appropriate ments set forth in paragraph (e) of this form is filed with the Commission con- section to a permitted rate determined cerning rates charged for the cable pro- in accordance with paragraph (b) of gramming services tier. this section. (8) For purposes of this section, rates (2) The Commission’s price cap re- in effect on the initial date of regula- quirements allow a system to adjust its tion or on September 30, 1992 shall be permitted charges for inflation, the rates charged to subscribers for changes in the number of regulated service received on that date. channels on tiers, or changes in exter- (9) Updating data calculations. nal costs. After May 15, 1994, adjust- (i) For purposes of this section, if: ments for changes in external costs (A) A cable operator, prior to becom- shall be calculated by subtracting ex- ing subject to regulation, revised its ternal costs from the system’s per- rates to comply with the Commission’s mitted charge and making changes to rules; and that ‘‘external cost component’’ as nec- (B) The data on which the cable oper- essary. The remaining charge, referred ator relied was current and accurate at to as the ‘‘residual component,’’ will be the time of revision, and the rate is ac- adjusted annually for inflation. Cable curate and justified by the prior data; systems may adjust their rates by and using the price cap rules contained in (C) Through no fault of the cable op- either paragraph (d) or (e) of this sec- erator, the rates that resulted from tion. In addition, cable systems may using such data differ from the rates further adjust their rates using the that would result from using data cur- methodologies set forth in paragraph rent and accurate at the time the cable (n) of this section. operator’s system becomes subject to (3) An operator may switch between regulation; the quarterly rate adjustment option then the cable operator is not required contained in paragraph (d) of this sec- to change its rates to reflect the data tion and the annual rate adjustment current at the time it becomes subject option contained in paragraph (e) of to regulation. this section, provided that: (ii) Notwithstanding the above, any (i) Whenever an operator switches subsequent changes in a cable opera- from the current quarterly system to tor’s rates must be made from rate lev- the annual system, the operator may els derived from data [that was current not file a Form 1240 earlier than 90 as of the date of the rate change]. days after the operator proposed its (iii) For purposes of this subsection, last rate adjustment on a Form 1210; if the rates charged by a cable operator and are not justified by an analysis based (ii) When an operator changes from on the data available at the time it ini- the annual system to the quarterly tially adjusted its rates, the cable oper- system, the operator may not return to ator must adjust its rates in accord- a quarterly adjustment using a Form ance with the most accurate data 1210 until a full quarter after it has available at the time of the analysis. filed a true up of its annual rate on a (c) Subsequent permitted charge. (1) Form 1240 for the preceding filing pe- The permitted charge for a tier after riod.

608

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00608 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.922

(4) An operator that does not set its the rate reduction was less than the in- rates pursuant to a cost-of-service fil- flation adjustment received on an FCC ing must use the quarterly rate adjust- Form 393 for rates established prior to ment methodology pursuant to para- May 15, 1994. If the rate reduction es- graph (d) of this section or annual rate tablished by a low price system that adjustment methodology pursuant to reduced its rate to the benchmark was paragraph (e) of this section for both less than the inflation adjustment re- its basic service tier and its cable pro- ceived on an FCC Form 393, the system gramming services tier(s). will be permitted to receive the 5.21% (d) Quarterly rate adjustment method— inflation adjustment minus the dif- (1) Calendar year quarters. All systems ference between the rate reduction and using the quarterly rate adjustment the inflation adjustment the system methodology must use the following made on its FCC Form 393. Cable sys- calendar year quarters when adjusting tems that established a transition rate rates under the price cap requirements. may make future inflation adjustments The first quarter shall run from Janu- on an annual basis with all other cable ary 1 through March 31 of the relevant operators, no earlier than October 1 of year; the second quarter shall run from each year and no later than August 31 April 1 through June 30; the third quar- of the following year to reflect the ter shall run from July 1 through Sep- final GNP–PI through June 30 of the tember 30; and the fourth quarter shall applicable year. run from October 1 through December (3) External costs. (i) Permitted 31. charges for a tier may be adjusted up (2) Inflation adjustments. The residual to quarterly to reflect changes in ex- component of a system’s permitted ternal costs experienced by the cable charge may be adjusted annually for system as defined by paragraph (f) of inflation. The annual inflation adjust- this section. In all events, a system ment shall be used on inflation occur- must adjust its rates annually to re- ring from June 30 of the previous year flect any decreases in external costs to June 30 of the year in which the in- that have not previously been ac- flation adjustment is made, except that counted for in the system’s rates. A the first annual inflation adjustment system must also adjust its rates annu- shall cover inflation from September ally to reflect any changes in external 30, 1993 until June 30 of the year in costs, inflation and the number of which the inflation adjustment is channels on regulated tiers that oc- made. The adjustment may be made curred during the year if the system after September 30, but no later than wishes to have such changes reflected August 31, of the next calendar year. in its regulated rates. A system that Adjustments shall be based on changes does not adjust its permitted rates an- in the Gross National Product Price nually to account for those changes Index as published by the Bureau of will not be permitted to increase its Economic Analysis of the United rates subsequently to reflect the States Department of Commerce. Cable changes. systems that establish a transition (ii) A system must adjust its rates in rate pursuant to paragraph (b)(4) of the next calendar year quarter for any thissection may not begin adjusting decrease in programming costs that re- rates on account of inflation before sults from the deletion of a channel or April 1, 1995. Between April 1, 1995 and channels from a regulated tier. August 31, 1995 cable systems that es- (iii) Any rate increase made to re- tablished a transition rate may adjust flect an increase in external costs must their rates to reflect the net of a 5.21% also fully account for all other changes inflation adjustment minus any infla- in external costs, inflation and the tion adjustments they have already re- number of channels on regulated tiers ceived. Low price systems that had that occurred during the same period. their March 31, 1994 rates above the Rate adjustments made to reflect benchmark, but their full reduction changes in external costs shall be based rate below the benchmark will be per- on any changes in those external costs mitted to adjust their rates to reflect that occurred from the end of the last the full 5.21% inflation factor unless quarter for which an adjustment was

609

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00609 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.922 47 CFR Ch. I (10–1–99 Edition)

previously made through the end of the channels that are projected for the 12 quarter that has most recently closed months following the date the operator preceding the filing of the FCC Form is scheduled to make its rate adjust- 1210 (or FCC Form 1211, where applica- ment pursuant to Section 76.933(g). ble). A system may adjust its rates (i) Inflation Adjustments. The residual after the close of a quarter to reflect component of a system’s permitted changes in external costs that occurred charge may be adjusted annually to during that quarter as soon as it has project for the 12 months following the sufficient information to calculate the date the operator is scheduled to make rate change. a rate adjustment. The annual infla- (e) Annual rate adjustment method—(1) tion adjustment shall be based on infla- Generally. Except as provided for in tion that occurred in the most recently paragraphs (e)(2)(iii)(B) and completed July 1 to June 30 period. Ad- (e)(2)(iii)(C) of this section and Section justments shall be based on changes in 76.923(o), operators that elect the an- the Gross National Product Price Index nual rate adjustment method may not as published by the Bureau of Eco- adjust their rates more than annually nomic Analysis of the United States to reflect inflation, changes in external Department of Commerce. costs, changes in the number of regu- (ii) External costs. (A) Permitted lated channels, and changes in equip- charges for a tier may be adjusted an- ment costs. Operators that make rate nually to reflect changes in external adjustments using this method must costs experienced but not yet ac- file on the same date a Form 1240 for counted for by the cable system, as the purpose of making rate adjust- well as for projections in these external ments to reflect inflation, changes in costs for the 12-month period on which external costs and changes in the num- the filing is based. In order that rates ber of regulated channels and a Form be adjusted for projections in external 1205 for the purpose of adjusting rates costs, the operator must demonstrate for regulated equipment and installa- that such projections are reasonably tion. Operators may choose the annual certain and reasonably quantifiable. filing date, but they must notify the Projections involving copyright fees, franchising authority of their proposed retransmission consent fees, other pro- filing date prior to their filing. Fran- gramming costs, Commission regu- chising authorities or their designees latory fees, and cable specific taxes are may reject the annual filing date cho- presumed to be reasonably certain and sen by the operator for good cause. If reasonably quantifiable. Operators may the franchising authority finds good project for increases in franchise re- cause to reject the proposed filing date, lated costs to the extent that they are the franchising authority and the oper- reasonably certain and reasonably ator should work together in an effort quantifiable, but such changes are not to reach a mutually acceptable date. If presumed reasonably certain and rea- no agreement can be reached, the fran- sonably quantifiable. Operators may chising authority may set the filing pass through increases in franchise fees date up to 60 days later than the date pursuant to Section 76.933(g). chosen by the operator. An operator (B) In all events, a system must ad- may change its filing date from year- just its rates every twelve months to to-year, but except as described in reflect any net decreases in external paragraphs (e)(2)(iii)(B) and costs that have not previously been ac- (e)(2)(iii)(C) of this section, at least counted for in the system’s rates. twelve months must pass before the op- (C) Any rate increase made to reflect erator can implement its next annual increases or projected increases in ex- adjustment. ternal costs must also fully account for (2) Projecting inflation, changes in ex- all other changes and projected ternal costs, and changes in number of changes in external costs, inflation and regulated channels. An operator that the number of channels on regulated elects the annual rate adjustment tiers that occurred or will occur during method may adjust its rates to reflect the same period. Rate adjustments inflation, changes in external costs and made to reflect changes in external changes in the number of regulated costs shall be based on any changes,

610

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00610 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.922

plus projections, in those external and adjust its rates for these actual costs that occurred or will occur in the cost changes. The operator must de- relevant time periods since the periods crease its rates for overestimation of used in the operator’s most recent pre- its projected cost changes, and may in- vious FCC Form 1240. crease its rates to adjust for underesti- (iii) Channel adjustments. (A) Per- mation of its projected cost changes. mitted charges for a tier may be ad- (i) Where an operator has underesti- justed annually to reflect changes not mated costs, future rates may be in- yet accounted for in the number of reg- creased to permit recovery of the ac- ulated channels provided by the cable crued costs plus 11.25% interest be- system, as well as for projected tween the date the costs are incurred changes in the number of regulated and the date the operator is entitled to channels for the 12-month period on make its rate adjustment. which the filing is based. In order that (ii) Per channel adjustment. Operators rates be adjusted for projected changes may increase rates by a per channel ad- to the number of regulated channels, justment of up to 20 cents per sub- the operator must demonstrate that scriber per month, exclusive of pro- such projections are reasonably certain gramming costs, for each channel and reasonably quantifiable. added to a CPST between May 15, 1994, (B) An operator may make rate ad- and December 31, 1997, except that an justments for the addition of required operator may take the per channel ad- channels to the basic service tier that justment only for channel additions are required under federal or local law that result in an increase in the high- at any time such additions occur, sub- est number of channels offered on all ject to the filing requirements of Sec- CPSTs as compared to May 14, 1994, tion 76.933(g)(2), regardless of whether and each date thereafter. Any revenues such additions occur outside of the an- received from a programmer, or shared nual filing cycle. Required channels by a programmer and an operator in may include must-carry, local origina- connection with the addition of a chan- tion, public, educational and govern- nel to a CPST shall first be deducted mental access and leased access chan- from programming costs for that channels. Should the operator elect not to nel pursuant to paragraph (d)(3)(x) of pass through the costs immediately, it this section and then, to the extent may accrue the costs of the additional revenues received from the pro- channels plus interest, as described in grammer are greater than the pro- paragraph (e)(3) of this section. gramming costs, shall be deducted (C) An operator may make one addi- from the per channel adjustment. This tional rate adjustment during the year deduction will apply on a channel by to reflect channel additions to the channel basis. With respect to the per cable programming services tiers or, channel adjustment only, this deduc- where the operator offers only one reg- tion shall not apply to revenues re- ulated tier, the basic service tier. Oper- ceived by an operator from a pro- ators may make this additional rate grammer as commissions on sales of adjustment at any time during the products or services offered through year, subject to the filing requirements home shopping services. of Section 76.933(g)(2), regardless of (iii) If an operator has underesti- whether the channel addition occurs mated its cost changes and elects not outside of the annual filing cycle. to recover these accrued costs with in- Should the operator elect not to pass terest on the date the operator is enti- through the costs immediately, it may tled to make its annual rate adjust- accrue the costs of the additional chan- ment, the interest will cease to accrue nels plus interest, as described in para- as of the date the operator is entitled graph (e)(3) of this section. to make the annual rate adjustment, (3) True-up and accrual of charges not but the operator will not lose its abil- projected. As part of the annual rate ad- ity to recover such costs and interest. justment, an operator must ‘‘true up’’ An operator may recover accrued costs its previously projected inflation, between the date such costs are in- changes in external costs and changes curred and the date the operator actu- in the number of regulated channels ally implements its rate adjustment.

611

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00611 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.922 47 CFR Ch. I (10–1–99 Edition)

(iv) Operators that use the annual Reduction Rates from Line J6), the methodology in their next filing after starting date shall be September 30, the release date of this Order may ac- 1992. Operators in this latter group may crue costs and interest incurred since make adjustment for changes in exter- July 1, 1995 in that filing. Operators nal costs for the period between Sep- that file a Form 1210 in their next fil- tember 30, 1992, and the initial date of ing after the release date of this Order, regulation or February 28, 1994, which- and elect to use Form 1240 in a subse- ever is applicable, based either on quent filing, may accrue costs incurred changes in the GNP–PI over that pe- since the end of the last quarter to riod or on the actual change in the ex- which a Form 1210 applies. ternal costs over that period. There- (4) Sunset provision. The Commission after, adjustment for external costs will review paragraph (e) of this sec- may be made on the basis of actual tion prior to December 31, 1998 to de- changes in external costs only. termine whether the annual rate ad- (5) Changes in franchise fees shall not justment methodology should be kept, and whether the quarterly system result in an adjustment to permitted should be eliminated and replaced with charges, but rather shall be calculated the annual rate adjustment method. separately as part of the maximum (f) External costs. (1) External costs monthly charge per subscriber for a shall consist of costs in the following tier of regulated programming service. categories: (6) Adjustments to permitted charges (i) State and local taxes applicable to to reflect changes in the costs of pro- the provision of cable television serv- gramming purchased from affiliated ice; programmers, as defined in § 76.901, (ii) Franchise fees; shall be permitted as long as the price (iii) Costs of complying with fran- charged to the affiliated system re- chise requirements, including costs of flects either prevailing company prices providing public, educational, and gov- offered in the marketplace to third ernmental access channels as required parties (where the affiliated program by the franchising authority; supplier has established such prices) or (iv) Retransmission consent fees and the fair market value of the program- copyright fees incurred for the carriage ming. of broadcast signals; (7) Adjustments to permitted charges (v) Other programming costs; and on account of increases in costs of pro- (vi) Commission cable television sys- gramming shall be further adjusted to tem regulatory fees imposed pursuant reflect any revenues received by the to 47 U.S.C. § 159. operator from the programmer. Such (2) The permitted charge for a regu- adjustments shall apply on a channel- lated tier shall be adjusted on account by-channel basis. of programming costs, copyright fees (8) In calculating programming ex- and retransmission consent fees only for the program channels or broadcast pense, operators may add a mark-up of signals offered on that tier. 7.5% for increases in programming (3) The permitted charge shall not be costs occurring after March 31, 1994, ex- adjusted for costs of retransmission cept that operators may not file for or consent fees or changes in those fees take the 7.5% mark-up on program- incurred prior to October 6, 1994. ming costs for new channels added on (4) The starting date for adjustments or after May 15, 1994 for which the op- on account of external costs for a tier erator has used the methodology set of regulated programming service shall forth in paragraph (g)(3) of this section be the earlier of the initial date of reg- for adjusting rates for channels added ulation for any basic or cable service to cable programming service tiers. Op- tier or February 28, 1994. Except, for erators shall reduce rates by decreases regulated FCC Form 1200 rates set on in programming expense plus an addi- the basis of rates at September 30, 1992 tional 7.5% for decreases occurring (using either March 31, 1994 rates ini- after May 15, 1994 except with respect tially determined from FCC Form 393 to programming cost decreases on Worksheet 2 or using Form 1200 Full channels added after May 15, 1994 for

612

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00612 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.922

which the rate adjustment method- 15, 1994, and December 31, 1997, on a basic ology in paragraph (g)(3) of this section service tier and at the election of the oper- was used. ator on a cable programming service tier. (g) Changes in the number of channels The following table shall be used to ad- on regulated tiers. (1) Generally. A sys- just permitted rates for increases in tem may adjust the residual compo- the number of channels offered between nent of its permitted rate for a tier to May 15, 1994, and December 31, 1997, on reflect changes in the number of chan- a basic service tier and subject to the nels offeredon the tier on a quarterly conditions in paragraph (g)(1) of this basis. Cable systems shall use FCC section at the election of the operator Form 1210 (or FCC Form 1211, where ap- on a CPST. The entries in the table plicable) or FCC Form 1240 to justify provide the cents per channel per sub- rate changes made on account of scriber per month by which cable oper- changes in the number of channels on a ators will adjust the residual compo- basic service tier (‘‘BST’’) or a cable nent using FCC Form 1210 (or FCC programming service tier (‘‘CPST’’). Form 1211, where applicable) or FCC Such rate adjustments shall be based Form 1240. on any changes in the number of regu- Per-channel lated channels that occurred from the Average No. of regulated channels adjustment end of the last quarter for which an ad- factor justment was previously made through 7 ...... $0.52 the end of the quarter that has most 7.5 ...... 0.45 recently closed preceding the filing of 8 ...... 0.40 the FCC Form 1210 (or FCC Form 1211, 8.5 ...... 0.36 9 ...... 0.33 where applicable) or FCC Form 1240. 9.5 ...... 0.29 However, when a system deletes chan- 10 ...... 0.27 nels in a calendar quarter, the system 10.5 ...... 0.24 11 ...... 0.22 must adjust the residual component of 11.5 ...... 0.20 the tier charge in the next calendar 12 ...... 0.19 quarter to reflect that deletion. Opera- 12.5 ...... 0.17 13 ...... 0.16 tors must elect between the channel 13.5 ...... 0.15 addition rules in paragraphs (g)(2) and 14 ...... 0.14 (g)(3) of this section the first time they 14.5 ...... 0.13 adjust rates after December 31, 1994, to 15±15.5 ...... 0.12 16 ...... 0.11 reflect a channel addition to a CPST 16.5±17 ...... 0.10 that occurred on or after May 15, 1994, 17.5±18 ...... 0.09 and must use the elected methodology 18.5±19 ...... 0.08 19.5±21.5 ...... 0.07 for all rate adjustments through De- 22±23.5 ...... 0.06 cember 31, 1997. A system that adjusted 24±26 ...... 0.05 rates after May 15, 1994, but before Jan- 26.5±29.5 ...... 0.04 30±35.5 ...... 0.03 uary 1, 1995 on account of a change in 36±46 ...... 0.02 the number of channels on a CPST that 46.5±99.5 ...... 0.01 occurred after May 15, 1994, may elect to revise its rates to charge the rates In order to adjust the residual com- permitted by paragraph (g)(3) of this ponent of the tier charge when there is section on or after January 1, 1995, but an increase in the number of channels is not required to do so as a condition on a tier, the operator shall perform for using the methodology in para- the following calculations: graph (g)(3) of this section for rate ad- (i) Take the sum of the old total justments after January 1, 1995. Rates number of channels on tiers subject to for the BST will be governed exclu- regulation (i.e., tiers that are, or could sively by paragraph (g)(2) of this sec- be, regulated but excluding New Prod- tion, except that where a system of- uct Tiers) and the new total number of fered only one tier on May 14, 1994, the channels and divide the resulting num- cable operator will be allowed to elect ber by two; between paragraphs (g)(2) and (g)(3) of (ii) Consult the above table to find this section as if the tier was a CPST. the applicable per channel adjustment (2) Adjusting rates for increases in the factor for the number of channels pro- number of channels offered between May duced by the calculations in step (1).

613

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00613 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.922 47 CFR Ch. I (10–1–99 Edition)

For each tier for which there has been operator may take the per channel ad- an increase in the number of channels, justment only for channel additions multiply the per-channel adjustment that result in an increase in the high- factor times the change in the number est number of channels offered on all of channels on that tier. The result is CPSTs as compared to May 14, 1994, the total adjustment for that tier. and each date thereafter. Any revenues (3) Alternative methodology for adjust- received from a programmer, or shared ing rates for changes in the number of by a programmer and an operator in channels offered on a cable programming connection with the addition of a chan- service tier or a single tier system between nel to a CPST shall first be deducted May 15, 1994, and December 31, 1997. This from programming costs for that chan- paragraph at the Operator’s discretion nel pursuant to paragraph (f)(7) of this as set forth in paragraph (g)(1) of this section and then, to the extent reve- section shall be used to adjust per- nues received from the programmer are mitted rates for a CPST after Decem- greater than the programming costs, ber 31, 1994, for changes in the number shall be deducted from the per channel of channels offered on a CPST between adjustment. This deduction will apply May 15, 1994, and December 31, 1997. For on a channel by channel basis. purposes of paragraph (g)(3) of this sec- (iii) License fee reserve. In addition to tion, a single tier system may be treat- the rate adjustments permitted in ed as if it were a CPST. paragraphs (g)(3)(i) and (g)(3)(ii) of this (i) Operators cap attributable to new section, operators that make channel channels on all CPSTs through December additions on or after May 15, 1994 may 31, 1997. Operators electing to use the increase their rates by a total of 30 methodology set forth in this para- cents per month, per subscriber be- graph may increase their rates between tween January 1, 1995, and December January 1, 1995, and December 31, 1997, 31, 1996, for license fees associated with by up to 20 cents per channel, exclusive such channels (the ‘‘License Fee Re- of programming costs, for new chan- serve’’). The License Fee Reserve may nels added to CPSTs on or after May be applied against the initial license 15, 1994, except that they may not fee and any increase in the license fee make rate adjustments totalling more for such channels during this period. than $1.20 per month, per subscriber An operator may pass-through to sub- through December 31, 1996, and by more scribers more than the 30 cents be- than $1.40 per month, per subscriber tween January 1, 1995, and December through December 31, 1997 (the ‘‘Opera- 31, 1996, for license fees associated with tor’s Cap’’). Except to the extent that channels added after May 15, 1994, pro- the programming costs of such chan- vided that the total amount recovered nels are covered by the License Fee Re- from subscribers for such channels, in- serve provided for in paragraph cluding the License Fee Reserve, does (g)(3)(iii) of this section, programming not exceed $1.50 per subscriber, per costs associated with channels for month. After December 31, 1996, license which a rate adjustment is made pursu- fees may be passed through to sub- ant to this paragraph (g)(3) of this sec- scribers pursuant to paragraph (f) of tion must fall within the Operators’ this section, except that license fees Cap if the programming costs (includ- associated with channels added pursu- ing any increases therein) are reflected ant to this paragraph (3) will not be eli- in rates before January 1, 1997. Infla- gible for the 7.5% mark-up on increases tion adjustments pursuant to para- in programming costs. graph (d)(2) or (e)(2) of this section are (iv) Timing. For purposes of deter- not counted against the Operator’s mining whether a rate increase counts Cap. against the maximum rate increases (ii) Per channel adjustment. Operators specified in paragraphs (g)(3)(i) through may increase rates by a per channel ad- (g)(3)(ii) of this section, the relevant justment of up to 20 cents per sub- date shall be when rates are increased scriber per month, exclusive of pro- as a result of channel additions, not gramming costs, for each channel when the addition occurs. added to a CPST between May 15, 1994, (4) Deletion of channels. When drop- and December 31, 1997, except that an ping a channel from a BST or CPST,

614

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00614 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.922

operators shall reflect the net reduc- it received a per channel adjustment tion in external costs in their rates pursuant to paragraph (g)(3) of this sec- pursuant to paragraphs (d)(3)(i) and tion from a CPST to a BST. (d)(3)(ii) of this section, or paragraphs (6) Substitution of channels on a BST or (e)(2)(ii)(A) and (e)(2)(ii)(B) of this sec- CPST. If an operator substitutes a new tion. With respect to channels to which channel for an existing channel on a the 7.5% mark-up on programming CPST or a BST, no per channel adjust- costs applied pursuant to paragraph ment may be made. Operators sub- (f)(8) of this section, the operator shall stituting channels on a CPST or a BST treat the mark-up as part of its pro- shall be required to reflect any reduc- gramming costs and subtract the tion in programming costs in their mark-up from its external costs. Opera- rates and may reflect any increase in tors shall also reduce the price of that programming costs pursuant to para- tier by the ‘‘residual’’ associated with graphs (d)(3)(i) and (d)(3)(ii), or para- that channel. For channels that were graphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of on a BST or CPST on May 14, 1994, or this section. If the programming cost channels added after that date pursu- for the new channel is greater than the ant to paragraph (g)(2) of this section, programming cost for the replaced the per channel residual is the charge channel, and the operator chooses to for their tier, minus the external costs pass that increase through to sub- for the tier, and any per channel ad- scribers, the excess shall count against justments made after that date, di- the License Fee Reserve or the Oper- vided by the total number of channels ator Cap when the increased cost is on the tier minus the number of chan- passed through to subscribers. Where nels on the tier that received the per an operator substitutes a new channel channel adjustment specified in para- for a channel on which a 7.5% mark-up graph (g)(3) of this section. For chan- on programming costs was taken pur- nels added to a CPST after May 14, suant to paragraph (f)(8) of this sec- 1994, pursuant to paragraph (g)(3) of tion, the operator may retain the 7.5% this section, the residuals shall be the mark-up on the license fee of the actual per channel adjustment taken dropped channel to the extent that it is for that channel when it was added to no greater than 7.5% of programming the tier. cost of the new service. (5) Movement of Channels Between (7) Headend upgrades. When adding Tiers. When a channel is moved from a channels to CPSTs and single-tier sys- CPST or a BST to another CPST or tems, cable systems that are owned by BST, the price of the tier from which a small cable company and incur addi- the channel is dropped shall be reduced tional monthly per subscriber headend to reflect the decrease in programming costs of one full cent or more for an ad- costs and residual as described in para- ditional channel may choose among graph (g)(4) of this section. The resid- the methodologies set forth in para- ual associated with the shifted channel graphs (g)(2) and (g)(3) of this section. shall then be converted from per sub- In addition, such systems may increase scriber to aggregate numbers to ensure rates to recover the actual cost of the aggregate revenues from the channel headend equipment required to add up remain the same when the channel is to seven such channels to CPSTs and moved. The aggregate residual associ- single-tier systems, not to exceed $5,000 ated with the shifted channel may be per additional channel. Rate increases shifted to the tier to which the channel pursuant to this paragraph may occur is being moved. The residual shall then between January 1, 1995, and December be converted to per subscriber figures 31, 1997, as a result of additional chan- on the new tier, plus any subsequent nels offered on those tiers after May 14, inflation adjustment. The price of the 1994. Headend costs shall be depreciated tier to which the channel is shifted over the useful life of the equipment. may then be increased to reflect this The rate of return on this investment amount. The price of that tier may shall not exceed 11.25 percent. In order also be increased to reflect any in- to recover costs for headend equipment crease in programming cost. An oper- pursuant to this paragraph, systems ator may not shift a channel for which must certify to the Commission their

615

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00615 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.922 47 CFR Ch. I (10–1–99 Edition)

eligibility to use this paragraph, and multiplied by the rate of return speci- the level of costs they have actually in- fied by the Commission or franchising curred for adding the headend equip- authority. ment and the depreciation schedule for (5) The expense component for a tier the equipment. is the sum of allowable test year ex- (8) Sunset provision. Paragraph (g) of penses allocable to the tier adjusted for this section shall cease to be effective known and measurable changes occur- on January 1, 1998 unless renewed by ring between the end of the test year the Commission. and the effective date of the rate. (h) Permitted charges for a tier shall (6) The ratebase may include the fol- be determined in accordance with lowing: forms and associated instructions es- (i) Prudent investment by a cable op- tablished by the Commission. erator in tangible plant that is used (i) Cost of Service Charge. (1) For pur- and useful in the provision of regulated poses of this section, a monthly cost- cable services less accumulated depre- of-service charge for a basic service ciation. Tangible plant in service shall tier or a cable programming service be valued at the actual money cost (or tier is an amount equal to the annual the money value of any consideration revenue requirement for that tier di- other than money) at the time it was vided by a number that is equal to 12 first used to provide cable service, ex- times the average number of sub- cept that in the case of systems pur- scribers to that tier during the test chased before May 15, 1994 shall be pre- year, except that a monthly charge for sumed to equal 66% of the total pur- a system or tier in service less than chase price allocable to assets (includ- one year shall be equal to the projected ing tangible and intangible assets) used annual revenue requirement for the to provide regulated services. The 66% first 12 months of operation or service allowance shall not be used to justify divided by a number that is equal to 12 any rate increase taken after the effec- times the projected average number of tive date of this rule. The actual subscribers during the first 12 months money cost of plant may include an al- of operation or service. The calculation lowance for funds used during con- of the average number of subscribers struction at the prime rate or the oper- shall include all subscribers, regardless ator’s actual cost of funds during con- of whether they receive service at full struction. Cost overruns are presumed rates or at discounts. to be imprudent investment in the ab- (2) A test year for an initial regu- sence of a showing that the overrun oc- lated charge is the cable operator’s fis- curred through no fault of the oper- cal year preceding the initial date of ator. regulation. A test year for a change in (ii) An allowance for start-up losses the basic service charge that is after including depreciation, amortization the initial date of regulation is the and interest expenses related to assets cable operator’s fiscal year preceding that are included in the ratebase. Cap- the mailing or other delivery of writ- italized start-up losses, may include ten notice pursuant to Section 76.932. A cumulative net losses, plus any unre- test year for a change in a cable pro- covered interest expenses connected to gramming service charge after the ini- funding the regulated ratebase, amor- tial date of regulation is the cable op- tized over the unexpired life of the erator’s fiscal year preceding the filing franchise, commencing with the end of of a complaint regarding the increase. the loss accumulation phase. However, (3) The annual revenue requirement losses attributable to accelerated de- for a tier is the sum of the return com- preciation methodologies are not per- ponent and the expense component for mitted. that tier. (iii) An allowance for start-up losses, (4) The return component for a tier is if any, that is equal to the lesser of the the average allowable test year first two years of operating costs or ac- ratebase allocable to the tier adjusted cumulated losses incurred until the for known and measurable changes oc- system reached the end of its pre- curring between the end of the test maturity stage as defined in Financial year and the effective date of the rate Accounting Standards Board Standard

616

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00616 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.922

51 (‘‘FASB 51’’) less straight-line amor- (iii) Reasonable amortization expense tization over a reasonable period not for prematurely abandoned tangible as- exceeding 15 years that commences at sets formerly includable in the the end of the prematurity phase of op- ratebase that are amortized over the eration. remainder of the original expected life (iv) Intangible assets less amortiza- of the asset. tion that reflect the original costs pru- (iv) Reasonable amortization expense dently incurred by a cable operator in for start-up losses and capitalized in- organizing and incorporating a com- tangible assets that are includable in pany that provides regulated cable ratebase. services, obtaining a government fran- (v) Taxes other than income taxes at- chise to provide regulated cable serv- tributable to the provision of regulated ices, or obtaining patents that are used cable services. and useful in the provision of cable (vi) An income tax allowance. services. (j) Network upgrade rate increase. (1) (v) The cost of customer lists if such Cable operators that undertake signifi- costs were capitalized during the pre- cant network upgrades requiring added maturity phase of operations less am- capital investment may justify an in- ortization. crease in rates for regulated services (vi) An amount for working capital by demonstrating that the capital in- to the extent that an allowance or dis- vestment will benefit subscribers. allowance for funds needed to sustain (2) A rate increase on account of up- the ongoing operations of the regulated grades shall not be assessed on cus- cable service is demonstrated. tomers until the upgrade is complete (vii) Other intangible assets to the and providing benefits to customers of extent the cable operator demonstrates regulated services. that the asset reflects costs incurred in (3) Cable operators seeking an up- an activity or transaction that pro- grade rate increase have the burden of duced concrete benefits or savings for demonstrating the amount of the net subscribers to regulated cable services increase in costs, taking into account that would not have been realized oth- current depreciation expense, likely erwise and the cable operator dem- changes in maintenance and other onstrates that a return on such an costs, changes in regulated revenues asset does not exceed the value of such and expected economies of scale. a subscriber benefit. (4) Cable operators seeking a rate in- (viii) The portion of the capacity of crease for network upgrades shall allo- plant not currently in service that will cate net cost increases in conformance be placed in service within twelve with the cost allocation rules as set months of the end of the test year. forth in § 76.924. (7) Deferred income taxes accrued (5) Cable operators that undertake after the date upon which the operator significant upgrades shall be permitted became subject to regulation shall be to increase rates by adding the bench- deducted from items included in the mark/price cap rate to the rate incre- ratebase. ment necessary to recover the net in- (8) Allowable expenses may include crease in cost attributable to the up- the following: grade. (i) All regular expenses normally in- (k) Hardship rate relief. A cable oper- curred by a cable operator in the provi- ator may adjust charges by an amount sion of regulated cable service, but not specified by the Commission for the including any lobbying expense, chari- cable programming service tier or the table contributions, penalties and fines franchising authority for the basic paid on account of violations of stat- service tier if it is determined that: utes or rules, or membership fees in so- (1) Total revenues from cable oper- cial, service, recreational or athletic ations, measured at the highest level of clubs or organizations. the cable operator’s cable service orga- (ii) Reasonable depreciation expense nization, will not be sufficient to en- attributable to tangible assets allowable the operator to attract capital or able in the ratebase. maintain credit necessary to enable

617

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00617 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.923 47 CFR Ch. I (10–1–99 Edition)

the operator to continue to provide 2. At 60 FR 52113, Oct. 5, 1995, in § 76.922, cable service; paragraphs (e) through (k) were redesignated (2) The cable operator has prudent as (g) through (m); (c), (d), and new (g) and efficient management; and through new (m) were revised; a new (e) and a new (f) were added. This amendment con- (3) Adjusted charges on account of tains information collection and record- hardship will not result in total keeping requirements and will not become charges for regulated cable services effective until 30 days after approval has that are excessive in comparison to been given by the Office of Management and charges of similarly situated systems. Budget. (l) Cost of service showing. A cable op- 3. At 61 FR 9367, Mar. 8, 1996, in § 76.922, erator that elects to establish a charge, paragraphs (i)(6)(i) and (i)(7) were revised; or to justify an existing or changed (i)(6)(ii) through (vii) were redesignated as charge for regulated cable service, (i)(6)(iii) through (viii); a new (i)(6)(ii) was based on a cost-of-service showing added. This amendment contains informa- must submit data to the Commission tion collection and recordkeeping require- or the franchising authority in accord- ments and will not become effective until approval has been given by the Office of Man- ance with forms established by the agement and Budget. Commission. The cable operator must also submit any additional information 4. At 62 FR 6495, Feb. 12, 1997, in § 76.922, requested by franchising authorities or paragraph (f)(4) was revised. This amendment contains information collection and the Commission to resolve questions in recordkeeping requirements and will not be- cost-of-service proceedings. come effective until approval has been given (m) Subsequent Cost of Service Charges. by the Office of Management and Budget. No cable operator may use a cost-of- service showing to justify an increase § 76.923 Rates for equipment and in- in any charge established on a cost-of- stallation used to receive the basic service basis for a period of 2 years service tier. after that rate takes effect, except that (a) Scope. (1) The equipment regu- the Commission or the franchising au- lated under this section consists of all thority may waive this prohibition equipment in a subscriber’s home, pro- upon a showing of unusual cir- vided and maintained by the operator, cumstances that would create undue that is used to receive the basic service hardship for a cable operator. tier, regardless of whether such equip- (n) Further rate adjustments—Uniform ment is additionally used to receive rates. A cable operator that has estab- other tiers of regulated programming lished rates in accordance with this service and/or unregulated service. section may then be permitted to es- Such equipment shall include, but is tablish a uniform rate for uniform not limited to: services offered in multiple franchise (i) Converter boxes; areas. This rate shall be determined in (ii) Remote control units; and accordance with the Commission’s pro- (iii) Inside wiring. cedures and requirements set forth in (2) Subscriber charges for such equip- CS Docket No. 95–174. ment shall not exceed charges based on [58 FR 29753, May 21, 1993, as amended at 58 actual costs in accordance with the re- FR 46735, Sept. 2, 1993; 59 FR 17957, 17973, quirements set forth in this section. 17989, Apr. 15, 1994; 59 FR 53115, Oct. 21, 1994; Subscriber charges for such equip- 59 FR 62623, Dec. 6, 1994; 60 FR 4865, Jan. 25, ment shall not exceed charges based on 1995; 60 FR 10514, Feb. 27, 1995; 60 FR 35864, actual costs in accordance with the re- July 12, 1995; 60 FR 52113, Oct. 5, 1995; 60 FR quirements set forth below. 54817, Oct. 26, 1995; 61 FR 9367, Mar. 8, 1996; 61 (b) Unbundling. A cable operator shall FR 45359, Aug. 29, 1996; 62 FR 6495, Feb. 12, establish rates for remote control 1997; 62 FR 15121, 15127, Mar. 31, 1997; 62 FR 53576, Oct. 15, 1997] units, converter boxes, other customer equipment, installation, and additional EFFECTIVE DATE NOTES: 1. At 60 FR 62633, connections separate from rates for Dec. 6, 1994, in § 76.922, paragraph (e) was re- basic tier service. In addition, the rates vised. Paragraphs (e)(1) and (e)(2) contain information collection and recordkeeping re- for such equipment and installations quirements and will not become effective shall be unbundled one from the other. until approval has been given by the Office of (c) Equipment basket. A cable operator Management and Budget. shall establish an Equipment Basket,

618

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00618 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.923

which shall include all costs associated est level and least expensive model of with providing customer equipment equipment offered by the operator, and installation under this section. even if some basic-only subscribers ac- Equipment Basket costs shall be lim- tually have higher level, more expen- ited to the direct and indirect material sive equipment. and labor costs of providing, leasing, (3) Installation costs. Installation installing, repairing, and servicing cus- costs, consistent with an operator’s ag- tomer equipment, as determined in ac- gregation under paragraph (c)(1) of this cordance with the cost accounting and section, may be aggregated, on a fran- cost allocation requirements of § 76.924, chise, system, regional, or company except that operators do not have to level. When submitting its installation aggregate costs in a manner consistent costs based on average charges, the with the accounting practices of the cable operator must provide a general operator on April 3, 1993. The Equip- description of the averaging method- ment Basket shall not include general ology employed and a justification that administrative overhead including its averaging methodology produces marketing expenses. The Equipment reasonable equipment rates. Installa- Basket shall include a reasonable prof- tion rates should be set at the same or- it. ganizational level at which an operator (1) Customer equipment. Costs of cus- aggregates its costs. tomer equipment included in the (d) Hourly service charge. A cable op- Equipment Basket may be aggregated, erator shall establish charges for on a franchise, system, regional, or equipment and installation using the company level, into broad categories. Hourly Service Charge (HSC) method- Except to the extent indicated in para- ology. The HSC shall equal the opera- graph (c)(2) of this section, such cat- tor’s annual Equipment Basket costs, egorization may be made, provided excluding the purchase cost of cus- that each category includes only equip- tomer equipment, divided by the total ment of the same type, regardless of person hours involved in installing, re- the levels of functionality of the equip- pairing, and servicing customer equipment within each such broad category. ment during the same period. The HSC When submitting its equipment costs is calculated according to the following based on average charges, the cable op- formula: erator must provide a general description of the averaging methodology em- EB- CE ployed and a justification that its aver- HSC = aging methodology produces reason- H able equipment rates. Equipment rates Where, EB=annual Equipment Basket should be set at the same organiza- Cost; CE=annual purchase cost of tional level at which an operator ag- all customer equipment; and gregates its costs. H=person hours involved in install- (2) Basic service tier only equipment. ing and repairing equipment per Costs of customer equipment used by year. The purchase cost of cus- basic-only subscribers may not be ag- tomer equipment shall include the gregated with the costs of equipment cable operator’s invoice price plus used by non-basic-only subscribers. all other costs incurred with re- Costs of customer equipment used by spect to the equipment until the basic-only subscribers may, however, time it is provided to the customer. be aggregated, consistent with an oper- (e) Installation charges. Installation ator’s aggregation under paragraph charges shall be either: (c)(1) of this section, on a franchise, (1) The HSC multiplied by the actual system, regional, or company level. time spent on each individual installa- The prohibition against aggregation tion; or applies to subscribers, not to a par- (2) The HSC multiplied by the aver- ticular type of equipment. Alter- age time spent on a specific type of in- natively, operators may base its basic- stallation. only subscriber cost aggregation on the (f) Remote charges. Monthly charges assumption that all basic-only sub- for rental of a remote control unit scribers use equipment that is the low- shall consist of the average annual unit

619

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00619 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.923 47 CFR Ch. I (10–1–99 Edition)

purchase cost of remotes leased, in- paragraphs (e) through (g) of this sec- cluding acquisition price and inci- tion, as long as those offerings are rea- dental costs such as sales tax, financ- sonable in scope in relation to the oping and storage up to the time it is pro- erator’s overall offerings in the Equip- vided to the customer, added to the ment Basket and not unreasonably dis- product of the HSC times the average criminatory. Operators may not re- number of hours annually repairing or cover the cost of a promotional offer- servicing a remote, divided by 12 to de- ing by increasing charges for other termine the monthly lease rate for a Equipment Basket elements, or by in- remote according to the following for- creasing programming service rates mula: above the maximum monthly charge UCE + (HSC × HR) per subscriber prescribed by these Monthly Charge = rules. As part of a general cost-of-serv- 12 ice showing, an operator may include Where, HR=average hours repair per the cost of promotions in its general year; and UCE=average annual unit system overhead costs. cost of remote. (k) Franchise fees. Equipment charges (g) Other equipment charges. The may include a properly allocated por- monthly charge for rental of converter tion of franchise fees. boxes and other customer equipment (l) Company-wide averaging of equip- shall be calculated in the same manner ment costs. For the purpose of devel- as for remote control units. Separate oping unbundled equipment charges as charges may be established for each required by paragraph (b) of this sec- category of other customer equipment. tion, a cable operator may average the (h) Additional connection charges. The equipment costs of its small systems at costs of installation and monthly use any level, or several levels, within its of additional connections shall be re- operations. This company-wide aver- covered as charges associated with the aging applies only to an operator’s installation and equipment cost cat- small systems as defined in § 76.901(c); egories, and at rate levels determined is permitted only for equipment by the actual cost methodology pre- charges, not installation charges; and sented in the foregoing paragraphs (e), may be established only for similar (f), and (g) of this section. An operator types of equipment. When submitting may recover additional programming its equipment costs based on average costs and the costs of signal boosters charges to the local franchising au- on the customers premises, if any, associated with the additional connec- thority or the Commission, an operator tion as a separate monthly unbundled that elects company-wide averaging of charge for additional connections. equipment costs must provide a gen- (i) Charges for equipment sold. A cable eral description of the averaging meth- operator may sell customer premises odology employed and a justification equipment to a subscriber. The equip- that its averaging methodology pro- ment price shall recover the operator’s duces reasonable equipment rates. The cost of the equipment, including costs local authority or the Commission may associated with storing and preparing require the operator to set equipment the equipment for sale up to the time rates based on the operator’s level of it is sold to the customer, plus a rea- averaging in effect on April 3, 1993, as sonable profit. An operator may sell required by § 76.924(d). service contracts for the maintenance (m) Cable operators shall set charges and repair of equipment sold to sub- for equipment and installations to re- scribers. The charge for a service con- cover Equipment Basket costs. Such tract shall be the HSC times the esti- charges shall be set, consistent with mated average number of hours for the level at which Equipment Basket maintenance and repair over the life of costs are aggregated as provided in the equipment. § 76.923(c). Cable operators shall main- (j) Promotions. A cable operator may tain adequate documentation to dem- offer equipment or installation at charges below those determined under onstrate that charges for the sale and

620

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00620 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.924

lease of equipment and for installa- EFFECTIVE DATE NOTE: At 60 FR 52118, Oct. tions have been developed in accord- 5, 1995, in § 76.923, paragraphs (n) and (o) were ance with the rules set forth in this added. This amendment contains informa- section. tion collection and recordkeeping requirements and will not become effective until 30 (n) Timing of Filings. An operator days after approval has been given by the Of- shall file FCC Form 1205 in order to es- fice of Management and Budget. tablish its maximum permitted rates at the following times: § 76.924 Allocation to service cost cat- (1) When the operator sets its initial egories. rates under either the benchmark sys- (a) Applicability. The requirements of tem or through a cost-of-service show- this section are applicable to cable oping; erators for which the basic service tier (2) Within 60 days of the end of its fis- is regulated by local franchising au- cal year, for an operator that adjusts thorities or the Commission, or, with its rates under the system described in respect to a cable programming serv- Section 76.922(d) that allows it to file ices tier, for which a complaint has up to quarterly; been filed with the Commission. The (3) On the same date it files its FCC requirements of this section are appli- Form 1240, for an operator that adjusts cable for purposes of rate adjustments its rates under the annual rate adjust- on account of external costs and for ment system described in Section cost-of-service showings. 76.922(e). If an operator elects not to (b) Accounting requirements. Cable op- file an FCC Form 1240 for a particular erators electing cost-of-service regula- year, the operator must file a Form tion or seeking rate adjustments due to 1205 on the anniversary date of its last changes in external costs shall main- Form 1205 filing; and tain their accounts: (4) When seeking to adjust its rates (1) in accordance with generally ac- to reflect the offering of new types of cepted accounting principles; and customer equipment other than in con- (2) in a manner that will enable iden- junction with an annual filing of Form tification of appropriate investments, 1205, 60 days before it seeks to adjust revenues, and expenses. its rates to reflect the offering of new (c) Accounts level. Except to the ex- types of customer equipment. tent indicated below, cable operators electing cost of service regulation or (o) Introduction of new equipment. In seeking adjustments due to changes in setting the permitted charge for a new external costs shall identify invest- type of equipment at a time other than ments, expenses and revenues at the at its annual filing, an operator shall franchise, system, regional, and/or only complete Schedule C and the rel- company level(s) in a manner con- evant step of the Worksheet for Calcu- sistent with the accounting practices lating Permitted Equipment and In- of the operator on April 3, 1993. How- stallation Charges of a Form 1205. The ever, in all events, cable operators operator shall rely on entries from its shall identify at the franchise level most recently filed FCC Form 1205 for their costs of franchise requirements, information not specifically related to franchise fees, local taxes and local the new equipment, including but not programming. limited to the Hourly Service Charge. (d) Summary accounts. (1) Cable opera- In calculating the annual maintenance tors filing for cost-of-service regula- and service hours for the new equip- tion, other than small systems owned ment, the operator should base its by small cable companies, shall report entry on the average annual expected all investments, expenses, and revenue time required to maintain the unit, and income adjustments accounted for i.e., expected service hours required at the franchise, system, regional and/ over the life of the equipment unit or company level(s) to the summary being introduced divided by the equip- accounts listed below. ment unit’s expected life. RATEBASE [58 FR 29753, May 21, 1993, as amended at 59 FR 17960, 17973, Apr. 15, 1994; 60 FR 52118, Oct. Net Working Capital 5, 1995; 61 FR 32709, June 25, 1996] Headend

621

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00621 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.924 47 CFR Ch. I (10–1–99 Edition)

Trunk and Distribution Facilities regulation shall report all investments, Drops expenses, and revenue and income ad- Customer Premises Equipment justments accounted for at the fran- Construction/Maintenance Facilities and chise, system, regional and/or company Equipment Programming Production Facilities and level(s) to the following summary ac- Equipment counts: Business Offices Facilities and Equipment RATEBASE Other Tangible Assets Accumulated Depreciation Net Working Capital Plant Under Construction Headend, Trunk and Distribution System Organization and Franchise Costs and Support Facilities and Equipment Subscriber Lists Drops Capitalized Start-up Losses Customer Premises Equipment Goodwill Production and Office Facilities, Furniture Other Intangibles and Equipment Accumulated Amortization Other Tangible Assets Deferred Taxes Accumulated Depreciation Plant Under Construction OPERATING EXPENSES Goodwill Other Intangibles Cable Plant Employee Payroll Accumulated Amortization Cable Plant Power Expense Deferred Taxes Pole Rental, Duct, Other Rental for Cable Plant OPERATING EXPENSES Cable Plant Depreciation Expense Cable Plant Expenses—Other Cable Plant Maintenance, Support and Oper- Plant Support Employee Payroll Expense ations Expense Plant Support Depreciation Expense Programming Production and Acquisition Plant Support Expense—Other Expense Programming Activities Employee Payroll Customer Services Expense Programming Acquisition Expense Advertising Activities Expense Programming Activities Depreciation Ex- Management Fees Selling, General and Administrative Ex- pense penses Programming Expense—Other Depreciation Expense Customer Services Expense Amortization Expense—Goodwill Advertising Activities Expense Amortization Expense—Other Intangibles Management Fees Other Operating Expense (Excluding Fran- General and Administrative Expenses chise Fees) Selling General and Administrative Depre- Franchise Fees ciation Expenses Interest Expense Selling General and Administrative Ex- penses—Other REVENUE AND INCOME ADJUSTMENTS Amortization Expense—Franchise and Orga- nizational Costs Advertising Revenues Amortization Expense—Customer Lists Other Cable Revenue Offsets Amortization Expense—Capitalized Start-up Gains and Losses on Sale of Assets Loss Extraordinary Items Amortization Expense—Goodwill Other Adjustments Amortization Expense—Other Intangibles (e) Allocation to service cost categories. Operating Taxes (1) For cable operators electing cost- Other Expenses (Excluding Franchise Fees) of-service regulation, investments, ex- Franchise Fees Interest on Funded Debt penses, and revenues contained in the Interest on Capital Leases summary accounts identified in para- Other Interest Expenses graph (d) of this section shall be allocated among the Equipment Basket, as REVENUE AND INCOME ADJUSTMENTS specified in § 76.923, and the following Advertising Revenues service cost categories: Other Cable Revenue Offsets (i) Basic service cost category. The Gains and Losses on Sale of Assets basic service category, shall include Extraordinary Items the cost of providing basic service as Other Adjustments defined by § 76.901(a). The basic service (2) Except as provided in § 76.934(h), cost category may only include allow- small systems owned by small cable able costs as defined by §§ 76.922(g) companies that file for cost-of-service through 76.922(k).

622

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00622 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.924

(ii) Cable programming services cost the methodology of assessment of fran- category. The cable programming serv- chise fees by local authorities. ices category shall include the cost of (4) Costs of public, educational, and providing cable programming services governmental access channels carried as defined by § 76.901(b). This service on the basic tier shall be directly as- cost category shall contain subcat- signed to the basic tier where possible. egories that represent each program- (5) Commission cable television sys- ming tier that is offered as a part of tem regulatory fees imposed pursuant the operator’s cable programming serv- to 47 U.S.C. 159 shall be directly as- ices. All costs that are allocated to the signed to the basic service tier. cable programming service cost (6) All other costs that are incurred cateogry shall be further allocated exclusively to support the equipment among the programming tiers in this basket or a specific service cost cat- category. The cable programming serv- egory shall be directly assigned to that ice cost category may include only al- service cost category or the equipment lowable costs as defined in § 76.922(g) basket where possible. through 76.922(k). (7) Costs that are not directly as- (iii) All other services cost category. signed shall be allocated to the service The all other services cost category cost categories in accordance with the shall include the costs of providing all following allocation procedures: other services that are not included the (i) Wherever possible, common costs basic service or a cable programming for which no allocator has been speci- services cost categories as defined in fied by the Commission are to be allo- paragraphs (e)(1)(i) and (ii) of this sec- cated among the service cost cat- tion. egories and the equipment basket (2) Cable operators seeking an adjust- based on direct analysis of the origin of ment due to changes in external costs the costs. (ii) Where allocation based on direct identified in FCC Form 1210 shall allo- analysis is not possible, common costs cate such costs among the equipment for which no allocator has been speci- basket, as specified in § 76.923, and the fied by the Commission shall, if pos- following service cost categories: sible, be allocated among the service (i) The basic service category as de- costs categories and the equipment fined by paragraph (e)(1)(i) of this sec- basket based on indirect, cost-causa- tion; tive linkage to other costs directly as- (ii) The cable programming services signed or allocated to the service cost category as defined by paragraph categories and the equipment basket. (e)(1)(ii) of this section; (iii) Where neither direct nor indirect (iii) The all other services cost cat- measures of cost allocation can be egory as defined by paragraph (e)(1)(iii) found, common costs shall be allocated of this section. to each service cost category based on (f) Cost allocation requirements. (1) Al- the ratio of all other costs directly as- locations of investments, expenses and signed and attributed to a service cost revenues among the service cost cat- category over total costs directly or in- egories and the equipment basket shall directly assigned and directly or indi- be made at the organizational level in rectly attributable. which such costs and revenues have (g) Cost identification at the franchise been identified for accounting purposes level. After costs have been directly as- pursuant to § 76.924(c). signed to and allocated among the (2) Costs of programming and re- service cost categories and the equip- transmission consent fees shall be di- ment basket, cable operators that have rectly assigned or allocated only to the aggregated costs at a higher level than service cost category in which the pro- the franchise level must identify all gramming or broadcast signal at issue applicable costs at the franchise level is offered. in the following manner: (3) Costs of franchise fees shall be al- (1) Recoverable costs that have been located among the equipment basket identified at the highest organizational and the service cost categories in a level at which costs have been identi- manner that is most consistent with fied shall be allocated to the next

623

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00623 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.925 47 CFR Ch. I (10–1–99 Edition)

(lower) organizational level at which voice price is the prevailing company recoverable costs have been identified price if the affiliate has sold like serv- on the basis of the ratio of the total ices to a substantial number of non- number of subscribers served at the affiliates. If a prevailing company price lower level to the total number of sub- for the services received by the regu- scribers served at the higher level. lated activity is not available, the (2) Cable operators shall repeat the charges of such services shall be at procedure specified in paragraph (g)(1) cost. of this section at every organizational (4) The proceeds from services sold or level at which recoverable costs have transferred from the regulated activity been identified until such costs have of the cable operator to affiliates shall been allocated to the franchise level. equal the prevailing company price if (h) Part-time channels. In situations the cable operator has sold like serv- where a single channel is divided on a ices to a substantial number of non- part-time basis and is used to deliver affiliates. If a prevailing company price service associated with different tiers is not available, the proceeds from such or with pay per channel or pay per view sales shall be determined at cost. service, a reasonable and documented (5) For purposes of § 76.924(i)(1) allocation of that channel between through 76.924(i)(4), costs shall be de- services shall be required along with termined in accordance with the stand- the associated revenues and costs. ards and procedures specified in § 76.922 (i) Transactions and affiliates. Adjust- and paragraphs (b) and (d) of this sec- ments on account of external costs and tion. rates set on a cost-of-service basis shall (j) Unrelated expenses and revenues. exclude any amounts not calculated in Cable operators shall exclude from cost accordance with the following: categories used to develop rates for the (1) Charges for assets purchased by or provision of regulated cable service, transferred to the regulated activity of equipment, and leased commercial ac- a cable operator from affiliates shall cess, any direct or indirect expenses equal the invoice price if that price is and revenues not related to the provi- determined by a prevailing company sion of such services. Common costs of price. The invoice price is the pre- providing regulated cable service, vailing company price if the affiliate equipment, and leased commercial ac- has sold a substantial number of like cess and unrelated activities shall be assets to nonaffiliates. If a prevailing allocated between them in accordance company price for the assets received with paragraph (f) of this section. by the regulated activity is not available, the changes for such assets shall [58 FR 29753, May 21, 1993, as amended at 59 be the lower of their cost to the origi- FR 17990, Apr. 15, 1994; 59 FR 53115, Oct. 21, 1994; 60 FR 35865, July 12, 1995; 61 FR 9367, nating activity of the affiliated group Mar. 8, 1996] less all applicable valuation reserves, or their fair market value. EFFECTIVE DATE NOTE: At 61 FR 9367, Mar. (2) The proceeds from assets sold or 8, 1996, in § 76.924, the section heading and paragraphs (e)(1)(iii) and (2)(iii) were revised; transferred from the regulated activity (e)(1)(iv), (v), (2)(iv), and (v) were removed. of the cable operator to affiliates shall This amendment contains information col- equal the prevailing company price if lection and recordkeeping requirements and the cable operator has sold a substan- will not become effective until approval has tial number of like assets to nonaffili- been given by the Office of Management and ates. If a prevailing company price is Budget. not available, the proceeds from such sales shall be determined at the higher § 76.925 Costs of franchise require- of cost less all applicable valuation re- ments. serves, or estimated fair market value (a) Franchise requirement costs may of the asset. include cost increases required by the (3) Charges for services provided to franchising authority in the following the regulated activity of a cable oper- categories: ator by an affiliate shall equal the in- (1) Costs of providing PEG access voice price if that price is determined channels; by a prevailing company price. The in- (2) Costs of PEG access programming;

624

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00624 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.933

(3) Costs of technical and customer (including increases in the baseline service standards to the extent that channel change that results from re- they exceed federal standards; ductions in the number of channels in (4) Costs of institutional networks a tier) must use the appropriate offi- and the provision of video services, cial FCC form, a copy thereof, or a voice transmissions and data trans- copy generated by FCC software. Fail- missions to or from governmental inure to file on the official FCC form, a stitutions and educational institutions, copy thereof, or a copy generated by including private schools, to the extent FCC software, may result in the impo- such services are required by the fran- sition of sanctions specified in chise agreement; and § 76.937(d). A cable operator shall in- (5) When the operator is not already clude rate cards and channel line-ups in the process of upgrading the system, with its filing and include an expla- costs of removing cable from utility nation of any discrepancy in the fig- poles and placing the same cable un- ures provided in these documents and derground. its rate filing. (b) The costs of satisfying franchise [59 FR 17973, Apr. 15, 1994] requirements to support public, educational, and governmental channels § 76.931 Notification of basic tier avail- shall consist of the sum of: ability. (1) All per channel costs for the num- A cable operator shall provide writ- ber of channels used to meet franchise ten notification to subscribers of the requirements for public, educational, availability of basic tier service by No- and governmental channels; vember 30, 1993, or three billing cycles (2) Any direct costs of meeting such from September 1, 1993, and to new sub- franchise requirements; and scribers at the time of installation. (3) A reasonable allocation of general This notification shall include the fol- and administrative overhead. lowing information: (c) The costs of satisfying any re- (a) That basic tier service is avail- quirements under the franchise other able; than PEG access costs shall consist of (b) The cost per month for basic tier the direct and indirect costs including service; a reasonable allocation of general and (c) A list of all services included in administrative overhead. the basic service tier. [58 FR 29753, May 21, 1993, as amended at 60 [58 FR 46735, Sept. 2, 1993] FR 52119, Oct. 5, 1995] EFFECTIVE DATE NOTE: At 60 FR 52119, Oct. § 76.932 Notification of proposed rate 5, 1995, in § 76.925, paragraphs (a) and (b) were increase. redesignated as (b) and (c); a new (a) was A cable operator shall provide writ- added; a new (c) was revised. This amendment contains information collection and ten notice to a subscriber of any in- recordkeeping requirements and will not be- crease in the price to be charged for come effective until 30 days after approval the basic service tier or associated has been given by the Office of Management equipment at least 30 days before any and Budget. proposed increase is effective. The notice should include the name and ad- § 76.930 Initiation of review of basic dress of the local franchising author- cable service and equipment rates. ity. A cable operator shall file its schedule of rates for the basic service tier § 76.933 Franchising authority review and associated equipment with a fran- of basic cable rates and equipment chising authority within 30 days of re- costs. ceiving written notification from the (a) After a cable operator has sub- franchising authority that the fran- mitted for review its existing rates for chising authority has been certified by the basic service tier and associated the Commission to regulate rates for equipment costs, or a proposed increase the basic service tier. Basic service and in these rates (including increases in equipment rate schedule filings for ex- the baseline channel change that re- isting rates or proposed rate increases sults from reductions in the number of

625

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00625 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.933 47 CFR Ch. I (10–1–99 Edition)

channels in a tier) under the quarterly in issue and on whose behalf such rate adjustment system pursuant to amounts were paid. Section 76.922(d), the existing rates will (d) A franchising authority may re- remain in effect or the proposed rates quest, pursuant to a petition for spe- will become effective after 30 days from cial relief under § 76.7, that the Com- the date of submission; Provided, how- mission examine a cable operator’s ever, that the franchising authority cost-of-service showing, submitted to may toll this 30-day deadline for an ad- the franchising authority as justifica- ditional time by issuing a brief written tion of basic tier rates, within 30 days order as described in paragraph (b) of receipt of a cost-of-service showing. within 30 days of the rate submission In its petition, the franchising author- explaining that it needs additional ity shall document its reasons for seek- time to review the rates. ing Commission assistance. The fran- (b) If the franchising authority is un- chising authority shall issue an order able to determine, based upon the ma- stating that it is seeking Commission terial submitted by the cable operator, assistance and serve a copy before the that the existing, or proposed rates 30-day deadline on the cable operator under the quarterly adjustment system submitting the cost showing. The cable pursuant to Section 76.922(d), are with- operator shall deliver a copy of the in the Commission’s permitted basic cost showing, together with all rel- service tier charge or actual cost of evant attachments, to the Commission equipment as defined in §§ 76.922 and within 15 days of receipt of the local 76.923, or if a cable operator has sub- authority’s notice to seek Commission mitted a cost-of-service showing pursu- assistance. The Commission shall no- ant §§ 76.937(c) and 76.924, seeking to tify the local franchising authority and justify a rate above the Commission’s the cable operator of its ruling and of basic service tier charge as defined in the basic tier rate, as established by §§ 76.922 and 76.923, the franchising au- the Commission. The rate shall take ef- thority may toll the 30-day deadline in fect upon implementation by the fran- paragraph (a) of this section to request chising authority of such ruling and re- and/or consider additional information fund liability shall be governed there- or to consider the comments from in- on. The Commission’s ruling shall be terested parties as follows: binding on the franchising authority (1) For an additional 90 days in cases and the cable operator. A cable oper- not involving cost-of-service showings; ator or franchising authority may seek or reconsideration of the ruling pursuant (2) For an additional 150 days in cases to § 1.106(a)(1) of this chapter or review involving cost-of-service showings. by the Commission pursuant to (c) If a franchising authority has § 1.115(a) of this chapter. availed itself of the additional 90 or 150 (e) Notwithstanding paragraphs (a) days permitted in paragraph (b) of this through (d) of this section, when the section, and has taken no action within franchising authority is regulating these additional time periods, then the basic service tier rates, a cable oper- proposed rates will go into effect at the ator that sets its rates pursuant to the end of the 90 or 150 day periods, or ex- quarterly rate adjustment system pur- isting rates will remain in effect at suant to § 76.922(d) may increase its such times, subject to refunds if the rates for basic service to reflect the franchising authority subsequently imposition of, or increase in, franchise issues a written decision disapproving fees or Commission cable television any portion of such rates: Provided, system regulatory fees imposed pursu- however, That in order to order refunds, ant to 47 U.S.C. 159. For the purposes of a franchising authority must have paragraphs (a) through (c) of this sec- issued a brief written order to the cable tion, the increased rate attributable to operator by the end of the 90 or 150-day Commission regulatory fees or fran- period permitted in paragraph (b) of chise fees shall be treated as an ‘‘exist- this section directing the operator to ing rate’’, subject to subsequent review keep an accurate account of all and refund if the franchising authority amounts received by reason of the rate determines that the increase in basic

626

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00626 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.933

tier rates exceeds the increase in regu- funds are payable will be tolled while latory fees or in franchise fees allo- the franchising authority is waiting for cable to the basic tier. This determina- this information, provided that, in tion shall be appealable to the Com- order to toll these effective dates, the mission pursuant to § 76.944. When the franchising authority or its designee Commission is regulating basic service must notify the operator of the incom- tier rates pursuant to § 76.945 or cable plete filing within 45 days of the date programming service rates pursuant to the filing is made. § 76.960, an increase in those rates re- (1) If there is a material change in an sulting from franchise fees or Commis- operator’s circumstances during the 90- sion regulatory fees shall be reviewed day review period and the change af- by the Commission pursuant to the fects the operator’s rate change filing, mechanisms set forth in § 76.945. A the operator may file an amendment to cable operator must adjust its rates to its Form 1240 prior to the end of the 90- reflect decreases in franchise fees or day review period. If the operator files Commission regulatory fees within the such an amendment, the franchising periods set forth in § 76.922(d)(3)(i),(iii). authority will have at least 30 days to (f) For an operator that sets its rates review the filing. Therefore, if the pursuant to the quarterly rate adjust- amendment is filed more than 60 days ment system pursuant to Section after the operator made its initial fil- 76.922(d), cable television system regu- ing, the operator’s proposed rate latory fees assessed by the Commission change may not go into effect any ear- pursuant to 47 U.S.C. § 159 shall be re- lier than 30 days after the filing of its covered in monthly installments dur- amendment. However, if the operator ing the fiscal year following the year files its amended application on or for which the payment was imposed. prior to the sixtieth day of the 90-day Payments shall be collected in equal review period, the operator may imple- monthly installments, except that for ment its proposed rate adjustment, as so many months as may be necessary modified by the amendment, 90 days to avoid fractional payments, an addi- after its initial filing. tional $0.01 payment per month may be (2) If a franchising authority has collected. All such additional pay- taken no action within the 90-day re- ments shall be collected in the last view period, then the proposed rates month or months of the fiscal year, so may go into effect at the end of the re- that once collections of such payments view period, subject to a prospective begin there shall be no month remain- rate reduction and refund if the fran- ing in the year in which the operator is chising authority subsequently issues a not entitled to such an additional pay- written decision disapproving any por- ment. Operators may not assess inter- tion of such rates, provided, however, est. Operators may provide notice of that in order to order a prospective the entire fiscal year’s regulatory fee rate reduction and refund, if an oper- pass-through in a single notice. ator inquires as to whether the fran- (g) A cable operator that submits for chising authority intends to issue a review a proposed change in its exist- rate order after the initial review pe- ing rates for the basic service tier and riod, the franchising authority or its associated equipment costs using the designee must notify the operator of annual filing system pursuant to Sec- its intent in this regard within 15 days tion 76.922(e) shall do so no later than of the operator’s inquiry. If a proposed 90 days from the effective date of the rate goes into effect before the fran- proposed rates. The franchising author- chising authority issues its rate order, ity will have 90 days from the date of the franchising authority will have 12 the filing to review it. However, if the months from the date the operator franchising authority or its designee filed for the rate adjustment to issue concludes that the operator has sub- its rate order. In the event that the mitted a facially incomplete filing, the franchising authority does not act franchising authority’s deadline for within this 12-month period, it may not issuing a decision, the date on which at a later date order a refund or a pro- rates may go into effect if no decision spective rate reduction with respect to is issued, and the period for which re- the rate filing.

627

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00627 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.934 47 CFR Ch. I (10–1–99 Edition)

(3) At the time an operator files its Commission is regulating basic service rates with the franchising authority, tier rates pursuant to § 76.945 or cable the operator may give customers no- programming service rates pursuant to tice of the proposed rate changes. Such § 76.960, an increase in those rates re- notice should state that the proposed sulting from franchise fees or Commis- rate change is subject to approval by sion regulatory fees shall be reviewed the franchising authority. If the oper- by the Commission pursuant to the ator is only permitted a smaller in- mechanisms set forth in § 76.945. crease than was provided for in the no- (h) If an operator files an FCC Form tice, the operator must provide an ex- 1205 for the purpose of setting the rate planation to subscribers on the bill in for a new type of equipment under Sec- which the rate adjustment is imple- tion 76.923(o), the franchising authority mented. If the operator is not per- has 60 days to review the requested mitted to implement any of the rate rate. The proposed rate shall take ef- increase that was provided for in the fect at the end of this 60-day period un- notice, the operator must provide an less the franchising authority rejects explanation to subscribers within 60 the proposed rate as unreasonable. days of the date of the franchising (1) If the operator’s most recent rate authority’s decision. Additional ad- filing was based on the system that en- vance notice is only required in the un- ables them to file up to once per quar- likely event that the rate exceeds the ter found at Section 76.922(d), the fran- previously noticed rate. chising authority must issue an ac- (4) If an operator files for a rate ad- counting order before the end of the 60- justment under Section day period in order to order refunds 76.922(e)(2)(iii)(B) for the addition of re- and prospective rate reductions. quired channels to the basic service (2) If the operator’s most recent rate tier that the operator is required by filing was based on the annual rate sys- federal or local law to carry, or, if a tem at Section 76.922(e), in order to single-tier operator files for a rate ad- order refunds and prospective rate re- justment based on a mid-year channel ductions, the franchising authority addition allowed under Section shall be subject to the requirements de- 76.922(e)(2)(iii)(C), the franchising au- scribed in paragraph (g)(1) of this sec- thority has 60 days to review the re- tion. quested rate. The proposed rate shall [58 FR 29753, May 21, 1993, as amended at 59 take effect at the end of this 60-day pe- FR 17973, Apr. 15, 1994; 59 FR 53115, Oct. 21, riod unless the franchising authority 1994; 60 FR 52119, Oct. 5, 1995; 61 FR 18978, rejects the proposed rate as unreason- Apr. 30, 1996] able. In order to order refunds and pro- EFFECTIVE DATE NOTE: At 60 FR 52119, Oct. spective rate reductions, the fran- 5, 1995, in § 76.933, paragraphs (a), (b), (e), and chising authority shall be subject to (f) were revised; (g) and (h) were added. This the requirements described in para- amendment contains information collection and recordkeeping requirements and will not graph (g)(1) of this section. become effective until 30 days after approval (5) Notwithstanding paragraphs (a) has been given by the Office of Management through (f) of this section, when the and Budget. franchising authority is regulating basic service tier rates, a cable oper- § 76.934 Small systems and small cable ator may increase its rates for basic companies. service to reflect the imposition of, or (a) For purposes of rules governing increase in, franchise fees. The in- the reasonableness of rates charged by creased rate attributable to Commis- small systems, the size of a system or sion regulatory fees or franchise fees company shall be determined by ref- shall be subject to subsequent review erence to its size as of the date the sys- and refund if the franchising authority tem files with its franchising authority determines that the increase in basic or the Commission the documentation tier rates exceeds the increase in regu- necessary to qualify for the relief latory fees or in franchise fees allo- sought or, at the option of the com- cable to the basic tier. This determina- pany, by reference to system or com- tion shall be appealable to the Com- pany size as of the effective date of this mission pursuant to § 76.944. When the paragraph. Where relief is dependent

628

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00628 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.934

upon the size of both the system and hardship. Requests for extension of the company, the operator must meas- time should be addressed to the local ure the size of both the system and the franchising authority concerning basic company as of the same date. A small service and equipment rates and to the system shall be considered affiliated Commission concerning rates for a with a cable company if the company cable programming service tier and as- holds a 20 percent or greater equity in- sociated equipment. The filing of a re- terest in the system or exercises de quest for an extension of time to com- jure control over the system. ply with the rate regulations will not (b) A franchising authority that has toll the effective date of rate regula- been certified, pursuant to § 76.910, to tion for small systems or alter refund regulate rates for basic service and as- liability for rates that exceed per- sociated equipment may permit a mitted levels after May 15, 1994. small system as defined in § 76.901 to (f) Small Systems Owned by Small Cable certify that the small system’s rates Companies. Small systems owned by for basic service and associated equip- small cable companies shall have 90 ment comply with § 76.922, the Commis- days from their initial date of regula- sion’s substantive rate regulations. tion on a tier to bring their rates for (c) Initial regulation of small sys- that tier into compliance with the re- tems: quirements of Sections 76.922 and (1) If certified by the Commission, a 76.923. Such systems shall have sixty local franchising authority may pro- days from the initial date of regulation vide an initial notice of regulation to a to file FCC Forms 1200, 1205, 1210, 1211, small system, as defined by § 76.901(c), 1215, 1220, 1225, 1230, and 1240 and any on May 15, 1994. Any initial notice of similar forms as appropriate. Rates es- regulation issued by a certified local tablished during the 90-day period shall franchising authority prior to May 15, not be subject to prior approval by 1994 shall be considered as having been franchising authorities or the Commis- issued on May 15, 1994. sion, but shall be subject to refund pur- (2) The Commission will accept com- suant to sections 76.942 and 76.961. plaints concerning the rates for cable (g) Alternative rate regulation agree- programming service tiers provided by ments: small systems on or after May 15, 1994. (1) Local franchising authorities, cer- Any complaints filed with the Commis- tified pursuant to § 76.910, and small sion about the rates for a cable pro- systems owned by small cable compa- gramming service tier provided by a nies may enter into alternative rate small system prior to May 15, 1994 shall regulation agreements affecting the be considered as having been filed on basic service tier and the cable pro- May 15, 1994. gramming service tier. (3) A small system that receives an (i) Small systems must file with the initial notice of regulation from its Commission a copy of the operative al- local franchising authority, or a com- ternative rate regulation agreement plaint filed with the Commission for its within 30 days after its effective date. cable programming service tier, must (ii) [Reserved] respond within the time periods pre- (2) Alternative rate regulation agree- scribed in §§ 76.930 and 76.956. ments affecting the basic service tier (d) Statutory period for filing initial shall take into account the following: complaint: A complaint concerning a (i) The rates for cable systems that rate for cable programming service or are subject to effective competition; associated equipment provided by a (ii) The direct costs of obtaining, small system that was in effect on May transmitting, and otherwise providing 15, 1994 must be filed within 180 days signals carried on the basic service from May 15, 1994. tier, including signals and services car- (e) Petitions for extension of time: ried on the basic service tier, pursuant Small systems may obtain an exten- to §§ 76.56 and 76.64 of this subpart, and sion of time to establish compliance changes in such costs; with rate regulations provided they (iii) Only such portion of the joint can demonstrate that timely compli- and common costs of obtaining, trans- ance would result in severe economic mitting, and otherwise providing such

629

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00629 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.934 47 CFR Ch. I (10–1–99 Edition)

signals as is determined to be reason- service for which a rate is being estab- ably and properly allocable to the basic lished, and changes in such revenues, service tier, and changes in such costs; or from other considerations obtained (iv) The revenues received by a cable in connection with the cable program- operator from advertising from pro- ming services concerned. The rate gramming that is carried as part of the agreed to in such an alternative rate basic service tier or from other consid- regulation agreement shall be deemed eration obtained in connection with to be a reasonable rate. the basic service tier; (4) Certified local franchising au- (v) The reasonably and properly allo- thorities shall provide a reasonable op- cable portion of any amount assessed portunity for consideration of the as a franchise fee, tax, or charge of any views of interested parties prior to fi- kind imposed by any State or local au- nally entering into an alternative rate thority on the transactions between regulation agreement. cable operators and cable subscribers (5) A basic service rate decision by a or any other fee, tax, or assessment of certified local franchising authority general applicability imposed by a gov- made pursuant to an alternative rate ernmental entity applied against cable regulation agreement may be appealed operators or cable subscribers; by an interested party to the Commis- (vi) Any amount required to satisfy sion pursuant to § 76.944 as if the deci- franchise requirements to support pub- sion were made according to §§ 76.922 lic, educational, or governmental chan- and 76.923. nels or the use of such channels or any (h) Small system cost-of-service other services required under the fran- showings: chise; and (1) At any time, a small system (vii) A reasonable profit. The rate owned by a small cable company may agreed to in such an alternative rate establish new rates, or justify existing regulation agreement shall be deemed rates, for regulated program services in to be a reasonable rate. accordance with the small cable com- (3) Alternative rate regulation agree- pany cost-of-service methodology de- ments affecting the cable programming scribed below. service tier shall take into account, (2) The maximum annual per sub- among other factors, the following: scriber rate permitted initially by the (i) The rates for similarly situated small cable company cost-of-service cable systems offering comparable methodology shall be calculated by cable programming services, taking adding into account similarities in facilities, regulatory and governmental costs, the (i) The system’s annual operating ex- number of subscribers, and other rel- penses to evant factors; (ii) The product of its net rate base (ii) The rates for cable systems, if and its rate of return, and then divid- any, that are subject to effective coming that sum by (iii) the product of petition; (A) The total number of channels car- (iii) The history of the rates for cable ried on the system’s basic and cable programming services of the system, programming service tiers and including the relationship of such rates (B) The number of subscribers. The to changes in general consumer prices; annual rate so calculated must then be (iv) The rates, as a whole, for all the divided by 12 to arrive at a monthly cable programming, cable equipment, rate. and cable services provided by the sys- (3) The system shall calculate its tem, other than programming provided maximum permitted rate as described on a per channel or per program basis; in paragraph (b) of this section by com- (v) Capital and operating costs of the pleting Form 1230. The system shall cable system, including the quality and file Form 1230 as follows: costs of the customer service provided (i) Where the franchising authority by the cable system; and has been certified by the Commission (vi) The revenues received by a cable to regulate the system’s basic service operator from advertising from pro- tier rates, the system shall file Form gramming that is carried as part of the 1230 with the franchising authority.

630

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00630 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.934

(ii) Where the Commission is regu- its operating expenses, net rate base, lating the system’s basic service tier and reasonable rate of return on the rates, the system shall file Form 1230 basis of reasonable, good faith esti- with the Commission. mates. (iii) Where a complaint about the (5) After the system files Form 1230, system’s cable programming service review by the franchising authority, or rates is filed with the Commission, the the Commission when appropriate, system shall file Form 1230 with the shall be governed by § 76.933, subject to Commission. the following conditions. (4) In completing Form 1230: (i) If the maximum rate established (i) The annual operating expenses re- on Form 1230 does not exceed $1.24 per ported by the system shall equal the channel, the rate shall be rebuttably system’s operating expenses allocable presumed reasonable. To disallow such to its basic and cable programming a rate, the franchising authority shall service tiers for the most recent 12 bear the burden of showing that the op- month period for which the system has erator did not reasonably interpret and the relevant data readily available, ad- allocate its cost and expense data in justed for known and measurable deriving its annual operating expenses, changes occurring between the end of its net rate base, and a reasonable rate the 12 month period and the effective of return. If the maximum rate estab- date of the rate. Expenses shall include lished on Form 1230 exceeds $1.24 per all regular expenses normally incurred channel, the franchising authority by a cable operator in the provision of shall bear such burden only if the rate regulated cable service, but shall not that the cable operator actually seeks include any lobbying expense, chari- to charge does not exceed $1.24 per table contributions, penalties and fines channel. paid one account of statutes or rules, (ii) In the course of reviewing Form or membership fees in social service, 1230, a franchising authority shall be recreational or athletic clubs or asso- permitted to obtain from the cable op- ciations. erator the information necessary for (ii) The net rate base of a system is judging the validity of methods used the value of all of the system’s assets, for calculating its operating costs, rate less depreciation. base, and rate of return. If the max- (iii) The rate of return claimed by imum rate established in Form 1230 the system shall reflect the operator’s does not exceed $1.24 per channel, any actual cost of debt, its cost of equity, request for information by the fran- or an assumed cost of equity, and its chising authority shall be limited to capital structure, or an assumed cap- existing relevant documents or other ital structure. data compilations and should not re- (iv) The number of subscribers require the operator to create docu- ported by the system shall be cal- ments, although the operator should culated according to the most recent replicate responsive documents that reliable data maintained by the sys- are missing or destroyed. tem. (iii) A system may file with the Cable (v) The number of channels reported Services Bureau an interlocutory ap- by the system shall be the number of peal from any decision by the fran- channels it has on its basic and cable chising authority requesting informa- programming service tiers on the day tion from the system or tolling the ef- it files Form 1230. fective date of a system’s proposed (vi) In establishing its operating ex- rates. The appeal may be made by an penses, net rate base, and reasonable informal letter to the Chief of the rate of return, a system may rely on Cable Services Bureau, served on the previously existing information such as franchising authority. The franchising tax forms or company financial state- authority must respond within seven ments, rather than create or recreate days of its receipt of the appeal and financial calculations. To the extent shall serve the operator with its re- existing information is incomplete or sponse. The operator shall have four otherwise insufficient to make exact days from its receipt of the response in calculations, the system may establish which to file a reply, if desired. If the

631

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00631 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.934 47 CFR Ch. I (10–1–99 Edition)

maximum rate established on Form Form 1230, provided that the system 1230 does not exceed $1.24 per channel, has given the required written notice the burden shall be on the franchising to subscribers. If the system estab- authority to show the reasonableness lishes its per channel rate at a level of its order. If the maximum rate es- that is less than the maximum amount tablished on Form 1230 exceeds $1.24 permitted by the form, it may increase per channel, the burden shall be on the rates at any time thereafter to the operator to show the unreasonableness maximum amount upon providing the of the order. required written notice to subscribers. (iv) In reviewing Form 1230 and (8) After determining the maximum issuing a decision, the franchising au- rate permitted by Form 1230, the sys- thority shall determine the reasonable- tem may adjust that rate in accord- ness of the maximum rate permitted by ance with this paragraph. Electing to the form, not simply the rate which adjust rates pursuant to one of the op- the operator intends to establish. tions set forth below shall not prohibit (v) A final decision of the franchising the system from electing a different authority with respect to the requested option when adjusting rates thereafter. rate shall be subject to appeal pursuant The system may adjust its maximum to § 76.944. The filing of an appeal shall permitted rate without adjusting the stay the effectiveness of the final deci- actual rate it charges subscribers. sion pending the disposition of the ap- (i) The system may adjust its max- peal by the Commission. An operator imum permitted rate in accordance may bifurcate its appeal of a final rate with the price cap requirements set decision by initially limiting the scope forth in § 76.922(d). of the appeal to the reasonableness of (ii) The system may adjust its max- any request for information made by imum permitted rate in accordance the franchising authority. The oper- with the requirements set forth in ator may defer addressing the sub- § 76.922(e) for changes in the number of stantive rate-setting decision of the channels on regulated tiers. For any franchising authority until after the system that files Form 1230, no rate ad- Commission has ruled on the reason- justments made prior to the effective ableness of the request for information. date of this rule shall be charged At its option, the operator may forego against the system’s Operator’s Cap the bifurcated appeal and address both and License Reserve Fee described in the request for documentation and the § 76.922(e)(3). substantive rate-setting decision in a (iii) The system may adjust its max- single appeal. When filing an appeal imum permitted rate by filing a new from a final rate-setting decision by Form 1230 that permits a higher rate. the franchising authority, the operator (iv) The system may adjust its max- may raise as an issue the scope of the imum permitted rate by complying request for information only if that re- with any of the options set forth in quest was not approved by the Commis- § 76.922(b)(1) for which it qualifies or sion on a previous interlocutory appeal under an alternative rate agreement as by the operator. provided in paragraph (g) of this sec- (6) Complaints concerning the rates tion. charged for a cable programming serv- (9) In any rate proceeding before a ices tier by a system that has elected franchising authority in which a final the small cable company cost-of-serv- decision had not been issued as of June ice methodology may be filed pursuant 5, 1995, a small system owned by a to § 76.957. Upon receipt of a complaint, small cable company may elect the the Commission shall review the sys- form of rate regulation set forth in this tem’s rates in accordance with the section to justify the rates that are the standards set forth above with respect subject of the proceeding, if the system to basic tier rates. and affiliated company were a small (7) Unless otherwise ordered by the system and small company respec- franchising authority or the Commis- tively as of the June 5, 1995 and as of sion, the system may establish its per the period during which the disputed channel rate at any level that does not rates were in effect. However, the va- exceed the maximum rate permitted by lidity of a final rate decision made by

632

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00632 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.937

a franchising authority before June 5, ods that franchising authorities have 1995 is not affected. to review rates under § 76.933. (10) In any proceeding before the Commission involving a cable program- § 76.936 Written decision. ming services tier complaint in which (a) A franchising authority must a final decision had not been issued as issue a written decision in a rate- of June 5, 1995, a small system owned making proceeding whenever it dis- by a small cable company may elect approves an initial rate for the basic the form of rate regulation set forth in service tier or associated equipment in this section to justify rates charged whole or in part, disapproves a request prior to the adoption of this rule and to for a rate increase in whole or in part, establish new rates. For purposes of or approves a request for an increase in this paragraph, a decision shall not be whole or in part over the objections of deemed final until the operator has ex- interested parties. A franchising au- hausted or is time-barred from pur- thority is not required to issue a writ- suing any avenue of appeal, review, or ten decision that approves an unop- reconsideration. posed existing or proposed rate for the (11) A system that is eligible to es- basic service tier or associated equip- tablish its rates in accordance with the ment. small system cost-of-service approach shall remain eligible for so long as the (b) Public notice must be given of system serves no more than 15,000 sub- any written decision required in para- scribers. When a system that has estab- graph (a) of this section, including re- lished rates in accordance with the leasing the text of any written decision small system cost-of-service approach to the public. exceeds 15,000 subscribers, the system may maintain its then existing rates. § 76.937 Burden of proof. After exceeding the 15,000 subscriber (a) A cable operator has the burden of limit, any further rate adjustments proving that its existing or proposed shall not reflect increases in external rates for basic service and associated costs, inflation or channel additions equipment comply with 47 U.S.C. 543, until the system has re-established ini- and §§ 76.922 and 76.923. tial permitted rates in accordance with (b) For an existing or a proposed rate some other method of rate regulation for basic tier service or associated prescribed in this subpart. equipment that is within the permitted NOTE: For rules governing small cable op- tier charge and actual cost of equip- erators, see § 76.990 of this subpart. ment as set forth in §§ 76.922 and 76.923, the cable operator must submit the ap- [60 FR 35865, July 12, 1995, as amended at 60 propriate FCC form. FR 52120, Oct. 5, 1995; 62 FR 53576, Oct. 15, (c) For an existing or a proposed rate 1997; 64 FR 35950, July 2, 1999] for basic tier service that exceeds the EFFECTIVE DATE NOTE: At 60 FR 52120, Oct. permitted tier charge as set forth in 5, 1995, in § 76.934, paragraph (f) was revised. §§ 76.922 and 76.923, the cable operator Paragraph (f) contains information collec- must submit a cost-of-service showing tion and recordkeeping requirements and to justify the proposed rate. will not become effective until 30 days after approval has been given by the Office of (d) A franchising authority or the Management and Budget. Commission may find a cable operator that does not attempt to demonstrate § 76.935 Participation of interested the reasonableness of its rates in de- parties. fault and, using the best information In order to regulate basic tier rates available, enter an order finding the or associated equipment costs, a fran- cable operator’s rates unreasonable and chising authority must have proce- mandating appropriate relief, as speci- dural laws or regulations applicable to fied in §§ 76.940, 76.941, and 76.942. rate regulation proceedings that pro- (e) A franchising authority or the vide a reasonable opportunity for con- Commission may order a cable oper- sideration of the views of interested ator that has filed a facially incom- parties. Such rules must take into ac- plete form to file supplemental infor- count the 30, 120, or 180-day time peri- mation, and the franchising

633

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00633 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.938 47 CFR Ch. I (10–1–99 Edition)

authority’s deadline to rule on the rea- chising authority’s or the Commis- sonableness of the proposed rates will sion’s jurisdiction. be tolled pending the receipt of such [59 FR 17974, Apr. 15, 1994] information. A franchising authority may set reasonable deadlines for the § 76.940 Prospective rate reduction. filing of such information, and may find the cable operator in default and A franchising authority may order a cable operator to implement a reduc- mandate appropriate relief, pursuant tion in basic service tier or associated to paragraph (d) of this section, for the equipment rates where necessary to cable operator’s failure to comply with bring rates into compliance with the the deadline or otherwise provide com- standards set forth in §§ 76.922 and plete information in good faith. 76.923 [58 FR 29753, May 21, 1993, as amended at 59 FR 17973, Apr. 15, 1994] § 76.941 Rate prescription. A franchising authority may pre- § 76.938 Proprietary information. scribe a reasonable rate for the basic A franchising authority may require service tier or associated equipment the production of proprietary informa- after it determines that a proposed tion to make a rate determination in rate is unreasonable. those cases where cable operators have submitted initial rates, or have pro- § 76.942 Refunds. posed rate increases, pursuant to an (a) A franchising authority (or the FCC Form 393 (and/or FCC Forms 1200/ Commission, pursuant to § 76.945) may 1205) filing or a cost-of-service showing. order a cable operator to refund to sub- The franchising authority shall state a scribers that portion of previously paid justification for each item of informa- rates determined to be in excess of the tion requested and, where related to an permitted tier charge or above the ac- FCC Form 393 (and/or FCC Forms 1200/ tual cost of equipment, unless the oper- 1205) filing, indicate the question or ator has submitted a cost-of-service section of the form to which the re- showing which justifies the rate quest specifically relates. Upon request charged as reasonable. An operator’s li- to the franchising authority, the par- ability for refunds shall be based on the ties to a rate proceeding shall have ac- difference between the old bundled cess to such information, subject to the rates and the sum of the new franchising authority’s procedures gov- unbundled program service charge(s) erning non-disclosure by the parties. and the new unbundled equipment Public access to such proprietary infor- charge(s). Where an operator was mation shall be governed by applicable charging separately for program serv- state or local law. ices and equipment but the rates were not in compliance with the Commis- [59 FR 17973, Apr. 15, 1994] sion’s rules, the operator’s refund liability shall be based on the difference § 76.939 Truthful written statements between the sum of the old charges and and responses to requests of fran- the sum of the new, unbundled program chising authority. service and equipment charges. Before Cable operators shall comply with ordering a cable operator to refund pre- franchising authorities’ and the Com- viously paid rates to subscribers, a mission’s requests for information, or- franchising authority (or the Commis- ders, and decisions. No cable operator sion) must give the operator notice and shall, in any information submitted to opportunity to comment. a franchising authority or the Commis- (b) An operator’s liability for refunds sion in making a rate determination in limited to a one-year period, except pursuant to an FCC Form 393 (and/or that an operator that fails to comply FCC Forms 1200/1205) filing or a cost-of- with a valid rate order issued by a fran- service showing, make any misrepre- chising authority or the Commission sentation or willful material omission shall be liable for refunds commencing bearing on any matter within the fran- from the effective date of such order

634

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00634 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.944

until such time as it complies with chise fee payments. The franchising au- such order. thority has the discretion to determine (c) The refund period shall run as fol- a reasonable repayment period, but in- lows: terest shall accrue on any outstanding (1) From the date the operator imple- portion of the franchise fee starting on ments a prospective rate reduction the date the operator has completed back in time to September 1, 1993, or implementation of the refund order. In one year, whichever is shorter. determining the amount of the refund, (2) From the date a franchising au- the franchise fee overcharge should be thority issues an accounting order pur- offset against franchise fees the oper- suant to § 76.933(c), to the date a pro- ator holds on behalf of the franchising spective rate reduction is issued, then authority for lump sum payment. The back in time from the date of the ac- interest rate on any refund owed to the counting order to the effective date of operator presumptively shall be 11.25%. the rules; however, the total refund period shall not exceed one year from the [58 FR 29753, May 21, 1993, as amended at 58 date of the accounting order. FR 46736, Sept. 2, 1993; 59 FR 17974, Apr. 15, (3) Refund liability shall be cal- 1994; 60 FR 52120, Oct. 5, 1995] culated on the reasonableness of the EFFECTIVE DATE NOTE: At 60 FR 52120, Oct. rates as determined by the rules in ef- 5, 1995, in § 76.942, paragraph (f) was revised. fect during the period under review by Paragraph (f) contains information collec- the franchising authority or the Com- tion and recordkeeping requirements and mission. will not beecome effective until 30 days after (d) The cable operator, in its discre- approval has been given by the Office of tion, may implement a refund in the Management and Budget. following manner: § 76.943 Fines. (1) By returning overcharges to those subscribers who actually paid the over- (a) A franchising authority may im- charges, either through direct payment pose fines or monetary forfeitures on a or as a specifically identified credit to cable operator that does not comply those subscribers’ bills; or with a rate decision or refund order di- (2) By means of a prospective per- rected specifically at the cable oper- centage reduction in the rates for the ator, provided the franchising author- basic service tier or associated equip- ity has such power under state or local ment to cover the cumulative over- laws. charge. This shall be reflected as a spe- (b) If a cable operator willfully fails cifically identified, one-time credit on to comply with the terms of any fran- prospective bills to the class of sub- chising authority’s order, decision, or scribers that currently subscribe to the request for information, as required by cable system. § 76.939, the Commission may, in addi- (e) Refunds shall include interest tion to other remedies, impose a for- computed at applicable rates published feiture pursuant to section 503(b) of the by the Internal Revenue Service for tax Communications Act of 1934, as amend- refunds and additional tax payments. ed, 47 U.S.C. 503(b). (f) Once an operator has implemented (c) A cable operator shall not be sub- a rate refund to subscribers in accord- ject to forfeiture because its rate for ance with a refund order by the fran- basic service or equipment is deter- chising authority (or the Commission, mined to be unreasonable. pursuant to paragraph (a) of this section), the franchising authority must [58 FR 29753, May 21, 1993, as amended at 59 return to the cable operator an amount FR 17974, Apr. 15, 1994] equal to that portion of the franchise fee that was paid on the total amount § 76.944 Commission review of fran- of the refund to subscribers. The franchising authority decisions on rates chising authority must promptly re- for the basic service tier and associ- turn the franchise fee overcharge ei- ated equipment. ther in an immediate lump sum pay- (a) The Commission shall be the sole ment, or the cable operator may deduct forum for appeals of decisions by fran- it from the cable system’s future franchising authorities on rates for the

635

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00635 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.945 47 CFR Ch. I (10–1–99 Edition)

basic service tier or associated equip- (b) Basic service and equipment rate ment involving whether or not a fran- schedule filings for existing rates or chising authority has acted consist- proposed rate increases (including in- ently with the Cable Act or §§ 76.922 and creases in the baseline channel change 76.923. Appeals of ratemaking decisions that results from reductions in the by franchising authorities that do not number of channels in a tier) must use depend upon determining whether a the official FCC form, a copy thereof, franchising authority has acted con- or a copy generated by FCC software. sistently with the Cable Act or §§ 76.922 Failure to file on the official FCC form and 76.923, may be heard in state or or a copy may result in the imposition local courts. of sanctions specified in § 76.937(d). (b) Any participant at the fran- Cable operators seeking to justify the chising authority level in a ratemaking reasonableness of existing or proposed proceeding may file an appeal of the rates above the permitted tier rate franchising authority’s decision with must submit a cost-of-service showing the Commission within 30 days of re- sufficient to support a finding that the lease of the text of the franchising rates are reasonable. authority’s decision as computed under (c) Filings proposing annual adjust- § 1.4(b) of this chapter. Appeals shall be ments or rates within the rates regula- served on the franchising authority or tion standards in §§ 76.922 and 76.923, other authority that issued the rate de- must be made 30 days prior to the pro- cision. Where the state is the appro- posed effective date and can become ef- priate decisionmaking authority, the fective on the proposed effective date state shall forward a copy of the appeal unless the Commission issues an order to the appropriate local official(s). Op- deferring the effective date or denying positions may be filed within 15 days the rate proposal. Petitions opposing after the appeals is filed, and must be such filings must be filed within 15 served on the party(ies) appealing the days of public notice of the filing by rate decision. Replies may be filed 7 the cable operator and be accompanied days after the last day for oppositions by a certificate that service was made and shall be served on the parties to on the cable operator and the local the proceeding. franchising authority. The cable oper- (c) An operator that uses the annual ator may file an opposition within five rate adjustment method under Section days of filing of the petition, certifying 76.922(e) may include in its next true up to service on both the petitioner and under Section 76.922(e)(3) any amounts the local franchising authority. to which the operator would have been (d) Filings proposing a rate not with- entitled but for a franchising authority in the rate regulation standards of decision that is not upheld on appeal. §§ 76.922 and 76.923, must be made 90 days before the requested effective [58 FR 29753, May 21, 1993, as amended at 59 date. Petitions opposing such filings FR 17974, Apr. 15, 1994; 60 FR 52121, Oct. 5, must be filed within 30 days of public 1995] notice of the filing, and be accom- EFFECTIVE DATE NOTE: At 60 FR 52121, Oct. panied by a certificate that service was 5, 1995, in § 76.944, paragraph (c) was added. made on the cable operator and the Paragraph (c) contains information collec- local franchising authority. The cable tion and recordkeeping requirements and operator may file an opposition within will not become effective until 30 days after 10 days of the filing of the petition, and approval has been given by the Office of Management and Budget. certifying that service was made on the petitioner and the local franchising au- § 76.945 Procedures for Commission thority. review of basic service rates. [58 FR 29753, May 21, 1993, as amended at 59 (a) Upon assumption of rate regula- FR 17974, Apr. 15, 1994] tion authority, the Commission will notify the cable operator and require § 76.946 Advertising of rates. the cable operator to file its basic rate Cable operators that advertise rates schedule with the Commission within for basic service and cable program- 30 days, with a copy to the local fran- ming service tiers shall be required to chising authority. advertise rates that include all costs

636

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00636 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.953

and fees. Cable systems that cover mul- the service or associated equipment tiple franchise areas having differing has changed; franchise fees or other franchise costs, (4) The current rate for the cable pro- different channel line-ups, or different gramming service or associated equip- rate structures may advertise a comment at issue and, if the complainant plete range of fees without specific is challenging the reasonableness of a identification of the rate for each indi- rate increase, the most recent rate for vidual area. In such circumstances, the the service or associated equipment operator may advertise a ‘‘fee plus’’ immediately prior to the rate increase; rate that indicates the core rate plus (5) If the complainant is filing a cor- the range of possible additions, depend- rected complaint, an indication of the ing on the particular location of the date the complainant filed the prior subscriber. complaint and the date the complainant received notification from the [59 FR 17974, Apr. 15, 1994] Commission that the prior complaint was defective; § 76.950 Complaints regarding cable (6) A certification that a copy of the programming service rates. complaint, including all attachments, (a) A franchising authority may file is being served contemporaneously via with the Commission a complaint chal- certified mail on the cable operator; lenging the reasonableness of its cable (7) An indication that the complain- operator’s rate for cable programming ant franchising authority received service, or the reasonableness of the more than one subscriber complaint cable operator’s charges for installa- within 90 days of the operator’s imposition or rental of equipment used for tion of the rate in question; and the receipt of cable programming serv- (8) A certification that, to the best of ice. The franchise authority may file a the complainant’s knowledge, the in- complaint with the Commission only formation provided on the form is true upon receipt of more than one sub- and correct. scriber complaint made to the fran- [61 FR 18979, Apr. 30, 1996] chise authority within 90 days after the effective date of the challenged rate in- § 76.952 Information to be provided by crease. cable operator on monthly sub- (b) This section shall not apply to scriber bills. cable programming services provided All cable operators must provide the after March 31, 1999. following information to subscribers on monthly bills: [61 FR 18979, Apr. 30, 1996, as amended at 64 (a) The name, mailing address and FR 35950, July 2, 1999] phone number of the franchising authority, unless the franchising author- § 76.951 Standard complaint form; other filing requirements. ity in writing requests the cable operator to omit such information. (a) Any complaint regarding a cable (b) The FCC community unit identi- operator’s rate for cable programming fier for the cable system. service or associated equipment must be filed using standard complaint form, [58 FR 29753, May 21, 1993, as amended at 59 FR 17960, Apr. 15, 1994; 64 FR 35950, July 2, FCC 329. 1999] (b) The following information must be provided on the standard complaint § 76.953 Limitation on filing a com- form: plaint. (1) The name, mailing address and (a) Complaint regarding a rate change. phone number of the franchising au- A complaint alleging an unreasonable thority that is filing the complaint; rate for cable programming service or (2) The name, mailing address, and associated equipment may be filed FCC community unit identifier of the against a cable operator only in the relevant cable operator; event of a rate change, including an in- (3) A description of the cable pro- crease or decrease in rates, or a change gramming service or associated equip- in rates that results from a change in a ment involved and, if applicable, how system’s service tiers. A rate change

637

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00637 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.954 47 CFR Ch. I (10–1–99 Edition)

may involve an implicit rate increase defect and file a corrected complaint (such as deleting channels from a tier with the Commission within 30 days without a corresponding lowering of from the date of the Commission’s dis- the rate for that tier). A complaint re- missal notice. Failure to cure the de- garding a rate change for cable pro- fect and file a corrected complaint gramming service or associated equip- within this time period will result in ment may be filed against a cable oper- dismissal of the complaint with preju- ator only in the event of a rate change. dice. (b) Late-filed complaints will be dismissed with prejudice. § 76.956 Cable operator response. [58 FR 29753, May 21, 1993, as amended at 58 (a) Unless otherwise directed by the FR 46736, Sept. 2, 1993; 59 FR 17960, 17974, Apr. local franchising authority, a cable op- 15, 1994; 60 FR 35868, July 12, 1995; 61 FR 18979, erator must file with the local fran- Apr. 30, 1996] chise authority a response to the complaint. The response shall indicate § 76.954 Initial review of complaint; when the cable operator received no- minimum showing requirement; dismissal of defective complaints. tice of the complaint. Service by mail is complete upon mailing. See § 1.47(f) (a) The Commission will conduct an of this chapter. The response shall in- initial review of a complaint to deter- clude the information required by the mine if it meets the minimum showing appropriate FCC form, including rate required to allow the complaint to go cards, channel line-ups, and an expla- forward. The minimum showing shall nation of any discrepancy in the fig- be satisfied if the complaint is filed ures provided in these documents and using the standard complaint form de- the rate filing. The cable operator scribed in § 76.951 and includes all infor- must file its response with the local mation and attachments required by franchise authority via first class mail. that form. A complainant will not be (b) The burden shall be on the cable required, as part of the minimum show- operator to prove that the service rate ing, to provide the underlying informa- or equipment charge in question is not tion and calculations necessary to unreasonable. The cable operator may judge the cable programming service carry its burden in the following man- rate in question against the Commis- ner: sion’s rate standards. (b) A complaint that does not meet (1) For a service rate at or below the the minimum showing requirement de- permitted level, by providing informa- scribed in paragraph (a) of this section tion and calculations that demonstrate will be considered defective. A defec- that the rate in question falls at or tive complaint will be dismissed with- below the permitted level; out prejudice to filing a corrected com- (2) For a service rate that exceeds the plaint as provided by § 76.955. The Com- permitted level; mission will notify the complainant by (i) By providing proof that the cable mail of the dismissal. The filing of a system has reduced the rate for the complaint on the applicable form, but cable programming service at issue to which is otherwise defective, will toll a level at or below the permitted level; the limitation period established by or § 76.953. (ii) By providing detailed cost-based information that demonstrates that § 76.955 Additional opportunity to file the rate in question is reasonable de- corrected complaint. spite the fact that it exceeds the per- (a) If the Commission dismisses an mitted level. initial complaint without prejudice (3) For a charge for equipment instal- pursuant to § 76.954, the complainant lation or rental, by providing informa- shall have one additional opportunity tion that demonstrates that the charge to cure the defect and file a corrected is based on the cable operator’s actual complaint. cost. (b) For a complaint filed on the ap- (c) In addition to responding to the plicable form but is otherwise defec- merits of a complaint, the cable oper- tive, the complainant must cure the ator may also move for dismissal of the

638

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00638 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.961

complaint for failure to meet the min- sonable, the Commission will deny the imum showing requirement. Any such complaint. motion for dismissal must state with [60 FR 52121, Oct. 5, 1995] particularity the reasons the cable operator believes the complaint is defec- EFFECTIVE DATE NOTE: At 60 FR 52121, Oct. tive and shall not relieve the cable op- 5, 1995, § 76.957 was revised. This section contains information collection and record- erator of its obligation to respond to keeping requirements and will not become the merits of the complaint. effective until 30 days after approval has (d) A cable operator may file a con- been given by the Office of Management and solidated response to multiple com- Budget. plaints regarding the identical rate or rate increase. A consolidated response § 76.958 Notice to Commission of rate change while complaint pending. must be filed within 30 days from the date of service of the first complaint A regulated cable operator that pro- received, unless the Commission noti- poses to change any rate while a cable fies the cable operator to the contrary. service tier complaint is pending before A cable operator may amend a consoli- the Commission shall provide the Com- dated response to address new issues mission at least 30 days notice of the raised by complaints received after the proposed change. cable operator’s initial response. [59 FR 17960, Apr. 15, 1994] (e) A cable operator that fails to file and serve a response to a valid com- § 76.960 Prospective rate reductions. plaint may be deemed in default. If the Upon a finding that a rate for cable Commission deems a cable operator in programming service or associated default, the Commission may enter an equipment is unreasonable, the Com- order against the cable operator find- mission may order the cable operator ing the rate to be unreasonable and to implement a prospective rate reduc- mandating appropriate relief. tion to the class of customers sub- (f) A cable operator need not respond scribing to the cable programming to any complaint that is: service at issue. (1) Not filed on the applicable form; (a) For an operator that adjusts its or rates using the quarterly rate adjust- (2) That the Commission determined ment system pursuant to Section is defective and has so notified the 76.922(d), the Commission’s decision re- cable operator. garding a prospective rate reduction shall remain binding on the cable oper- [58 FR 29753, May 21, 1993, as amended at 59 ator for one year unless the Commis- FR 17975, Apr. 15, 1994; 61 FR 18979, Apr. 30, sion specifies otherwise. 1996; 64 FR 35950, July 2, 1999] (b) For an operator that adjusts its rates using the annual rate adjustment § 76.957 Commission adjudication of system pursuant to Section 76.922(e), the complaint. for one year following the Commis- The Commission will consider the sion’s decision, the operator shall pro- complaint and the cable operator’s re- vide the Commission at least 30 days’ sponse and then determine by written notice of any proposed change. decision whether the rate for the cable [60 FR 52121, Oct. 5, 1995] programming service or associated equipment is unreasonable or not. In EFFECTIVE DATE NOTE: At 60 FR 52121, Oct. making its determination, the Com- 5, 1995, § 76.960 was revised. This section contains information collection and record- mission will only review the amount of keeping requirements and will not become the rate increase subject to the com- effective until 30 days after approval has plaint. If the Commission determines been given by the Office of Management and that the rate change in question is un- Budget. reasonable, it will grant the complaint and may order appropriate relief, in- § 76.961 Refunds. cluding, but not limited to, prospective (a) Upon a finding that a rate for rate reductions and refunds. If it deter- cable programming service or associ- mines that the rate in question is rea- ated equipment is unreasonable, the

639

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00639 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.962 47 CFR Ch. I (10–1–99 Edition)

Commission may order the cable oper- § 76.962 Implementation and certifi- ator to refund to subscribers that por- cation of compliance. tion of previously paid rates which is (a) Implementation. A cable operator deemed unreasonable. must implement remedial require- (b) The cumulative refund due sub- ments, including prospective rate re- scribers shall be calculated from the ductions and refunds, within 60 days date of the first complaint filed with from the date the Commission releases the franchising authority until the an order mandating a remedy. date a cable operator implements a (b) Certification of compliance. A cable prospective rate reduction as ordered operator must certify to the Commis- by the Commission pursuant to § 76.960. sion its compliance with any Commis- The Commission shall calculate refund sion order mandating remedial require- liability according to the rules in ef- ments. Such certification shall: fect for determining the reasonableness (1) Be filed with the Commission of the rates for the period of time cov- within 90 days from the date the Com- ered by the complaint. mission releases an order mandating a (c) The cable operator, in its discre- remedy; (2) Reference the applicable Commis- tion, may implement a refund in the sion order; following manner: (3) State that the cable operator has (1) By returning overcharges to those complied fully with all provisions of subscribers who actually paid the over- the Commission’s order; charges, either through direct payment (4) Include a description of the pre- or as a specifically identified, one-time cise measures the cable operator has credit to those subscribers’ bills; or taken to implement the remedies or- (2) By means of a prospective per- dered by the Commission; and centage reduction in the unreasonable (5) Be signed by an authorized rep- cable programming service rate or resentative of the cable operator. equipment charge to cover the cumulative overcharge. This shall be re- § 76.963 Forfeiture. flected as a specifically identified, one- (a) If any cable operator willfully time credit on prospective bills to the fails to comply with the terms of any class of subscribers that currently sub- Commission order, including an order scribe to the cable programming serv- mandating remedial requirements after ice or associated equipment at issue. a finding of unreasonable cable pro- (d) Refunds shall include interest gramming service or equipment rates, computed at applicable rates published or any Commission rule, the Commis- by the Internal Revenue Service for tax sion may, in addition to other rem- refunds and additional tax payments. edies, impose a forfeiture pursuant to Interest shall accrue from the date a Section 503(b) of the Communications valid complaint is filed until the re- Act of 1934, as amended, 47 U.S.C. fund issues. 503(b). (e) At the time the Commission or- (b) A cable operator shall not be sub- ders a cable operator to pay refunds to ject to forfeiture because its rate for subscribers, the franchising authority cable programming service or equip- must return to the cable operator an ment is determined to be unreasonable. amount equal to that portion of the § 76.964 Written notification of franchise fee that was paid on the total changes in rates and services. amount of the refund to subscribers. (a) In addition to the requirement of The franchising authority may return § 76.309(c)(3)(i)(B) regarding advance no- the franchise fee overcharge either in tification to customers of any changes an immediate lump sum payment, or in rates, programming services or the cable operator may deduct it from channel positions, cable systems shall the cable system’s future franchise fee give 30 days written notice to both sub- payments. scribers and local franchising authori- [58 FR 29753, May 21, 1993, as amended at 59 ties before implementing any rate or FR 17975, Apr. 15, 1994; 64 FR 35950, July 2, service change. Such notice shall state 1999] the precise amount of any rate change

640

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00640 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.970

and briefly explain in readily under- gle majority shareholder provision of standable fashion the cause of the rate Note 2(b) to § 76.501 and the limited change (e.g., inflation, changes in ex- partner insulation provisions of Note ternal costs or the addition/deletion of 2(g) to § 76.501 shall not apply, and the channels). When the change involves provisions of Note 2(a) to § 76.501 re- the addition or deletion of channels, garding five (5) percent interest shall each channel added or deleted must be include all voting or nonvoting stock separately identified. Notices to sub- or limited partnership equity interest scribers shall inform them of their of five (5) percent or more. Actual right to file complaints about changes working control, in whatever manner in cable programming service tier rates exercised, shall also be deemed a cog- and services, shall state that the sub- nizable interest. scriber may file the complaint within (c) The maximum commercial leased 90 days of the effective date of the rate access rate that a cable operator may change, and shall provide the address charge for full-time channel placement and phone number of the local fran- on a tier exceeding a subscriber pene- chising authority. tration of 50 percent is the average im- (b) To the extent the operator is re- plicit fee for full-time channel place- quired to provide notice of service and ment on all such tier(s). rate changes to subscribers, the oper- (d) The average implicit fee identi- ator may provide such notice using any fied in paragraph (c) of this section for reasonable written means at its sole a full-time channel on a tier with a discretion. subscriber penetration over 50 percent (c) Notwithstanding any other provi- shall be calculated by first calculating sion of Part 76, a cable operator shall the total amount the operator receives not be required to provide prior notice in subscriber revenue per month for the of any rate change that is the result of programming on all such tier(s), and a regulatory fee, franchise fee, or any then subtracting the total amount it other fee, tax, assessment, or charge of pays in programming costs per month any kind imposed by any Federal agen- for such tier(s) (the ‘‘total implicit fee cy, State, or franchising authority on calculation’’). A weighting scheme that the transaction between the operator accounts for differences in the number and the subscriber. of subscribers and channels on all such [61 FR 18979, Apr. 30, 1996, as amended by 64 tier(s) must be used to determine how FR 42855, Aug. 6, 1999] much of the total implicit fee calculation will be recovered from any par- § 76.970 Commercial leased access ticular tier. The weighting scheme is rates. determined in two steps. First, the (a) Cable operators shall designate number of subscribers is multiplied by channel capacity for commercial use the number of channels (the result is by persons unaffiliated with the oper- the number of ‘‘subscriber-channels’’) ator in accordance with the require- on each tier with subscriber penetra- ment of 47 U.S.C. 532. For purposes of 47 tion over 50 percent. For instance, a U.S.C. 532(b)(1)(A) and (B), only those tier with 10 channels and 1,000 subchannels that must be carried pursuant scribers would have a total of 10,000 to 47 U.S.C. 534 and 535 qualify as chan- subscriber-channels. Second, the sub- nels that are required for use by Fed- scriber-channels on each of these tiers eral law or regulation. For cable sys- is divided by the total subscriber-chan- tems with 100 or fewer channels, channels on all such tiers. Given the per- nels that cannot be used due to tech- cent of subscriber-channels for the par- nical and safety regulations of the Fed- ticular tier, the implicit fee for the tier eral Government (e.g., aeronautical is computed by multiplying the subchannels) shall be excluded when calcu- scriber-channel percentage for the tier lating the set-aside requirement. by the total implicit fee calculation. (b) In determining whether a party is Finally, to calculate the average im- an ‘‘affiliate’’ for purposes of commer- plicit fee per channel, the implicit fee cial leased access, the definitions con- for the tier must be divided by the cor- tained in the notes to § 76.501 shall be responding number of channels on the used, provided, however, that the sin- tier. The final result is the maximum

641

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00641 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.970 47 CFR Ch. I (10–1–99 Edition)

rate per month that the operator may ment as a full-time a la carte channel. charge the leased access programmer The license fees for affiliated channels for a full-time channel on that used in determining the highest im- particulartier. The average implicit fee plicit fee shall reflect the prevailing shall be calculated by using all chan- company prices offered in the market- nels carried on any tier exceeding 50 place to third parties. If a prevailing percent subscriber penetration (includ- company price does not exist, the li- ing channels devoted to affiliated pro- cense fee for that programming shall gramming, must-carry and public, edu- be priced at the programmer’s cost or cational and government access chan- the fair market value, whichever is nels). In the event of an agreement to lower. The highest implicit fee shall be lease capacity on a tier with less than based on contracts in effect in the pre- 50 percent penetration, the average im- vious calendar year. The implicit fee plicit fee should be determined on the for a contracted service may not in- basis of subscriber revenues and pro- clude fees, stated or implied, for serv- gramming costs for that tier alone. ices other than the provision of chan- The license fees for affiliated channels nel capacity (e.g., billing and collec- used in determining the average im- tion, marketing, or studio services). plicit fee shall reflect the prevailing Any subscriber revenue received by a company prices offered in the market- cable operator for an a la carte leased place to third parties. If a prevailing access service shall be passed through company price does not exist, the li- to the leased access programmer. cense fee for that programming shall (g) The maximum commercial leased be priced at the programmer’s cost or access rate that a cable operator may the fair market value, whichever is charge for part-time channel place- lower. The average implicit fee shall be ment shall be determined by either based on contracts in effect in the pre- prorating the maximum full-time rate vious calendar year. The implicit fee uniformly, or by developing a schedule for a contracted service may not in- of and applying different rates for dif- clude fees, stated or implied, for serv- ferent times of the day, provided that ices other than the provision of chan- the total of the rates for a 24-hour pe- nel capacity (e.g., billing and collec- riod does not exceed the maximum tion, marketing, or studio services). daily leased access rate. (e) The maximum commercial leased (h)(1) Cable system operators shall access rate that a cable operator may provide prospective leased access pro- charge for full-time channel placement grammers with the following informa- as an a la carte service is the highest tion within 15 calendar days of the date implicit fee on an aggregate basis for on which a request for leased access in- full-time channel placement as an a la formation is made: carte service. (i) How much of the operator’s leased (f) The highest implicit fee on an ag- access set-aside capacity is available; gregate basis for full-time channel (ii) A complete schedule of the opera- placement as an a la carte service shall tor’s full-time and part-time leased ac- be calculated by first determining the cess rates; total amount received by the operator (iii) Rates associated with technical in subscriber revenue per month for and studio costs; and each non-leased access a la carte chan- (iv) If specifically requested, a sam- nel on its system (including affiliated a ple leased access contract. la carte channels) and deducting the (2) Operators of systems subject to total amount paid by the operator in small system relief shall provide the programming costs (including license information required in paragraph and copyright fees) per month for pro- (h)(1) of this section within 30 calendar gramming on such individual channels. days of a bona fide request from a pro- This calculation will result in implicit spective leased access programmer. For fees determined on an aggregate basis, these purposes, systems subject to and the highest of these implicit fees small system relief are systems that ei- shall be the maximum rate per month ther: that the operator may charge the (i) Qualify as small systems under leased access programmer for place- § 76.901(c) and are owned by a small

642

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00642 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.971

cable company as defined under tems with insufficient available leased § 76.901(e); or access capacity to satisfy current (ii) Have been granted special relief. leased access demand, cable operators (3) Bona fide requests, as used in this shall be permitted to select from section, are defined as requests from among leased access programmers potential leased access programmers using objective, content-neutral cri- that have provided the following infor- teria. mation: (4) Cable operators that have not sat- (i) The desired length of a contract isfied their statutory leased access re- term; quirements shall accommodate part- (ii) The time slot desired; time leased access requests as set forth (iii) The anticipated commencement in this paragraph. Cable operators shall date for carriage; and not be required to accept leases for less (iv) The nature of the programming. than one half-hour of programming. (4) All requests for leased access Cable operators may accommodate must be made in writing and must part-time leased access requests by specify the date on which the request was sent to the operator. opening additional channels for part- (5) Operators shall maintain, for time use or providing comparable time Commission inspection, sufficient sup- slots on channels currently carrying porting documentation to justify the leased or non-leased access program- scheduled rates, including supporting ming. The comparability of time slots contracts, calculations of the implicit shall be determined by objective fac- fees, and justifications for all adjust- tors such as day of the week, time of ments. day, and audience share. A cable oper- (i) Cable operators are permitted to ator that is unable to provide a com- negotiate rates below the maximum parable timeslot to accommodate a rates permitted in paragraphs (c) part-time programming request shall through (g) of this section. be required to open an additional channel for part-time use unless such oper- [58 FR 29753, May 21, 1993, as amended at 61 ator has at least one channel des- FR 16400, Apr. 15, 1996; 62 FR 11380, Mar. 12, ignated for part-time leased access use 1997] that is programmed with less than 18 § 76.971 Commercial leased access hours of part-time leased access pro- terms and conditions. gramming every day. However, regard- (a)(1) Cable operators shall place less of the availability of partially pro- leased access programmers that re- grammed part-time leased access chan- quest access to a tier actually used by nels, a cable operator shall be required most subscribers on any tier that has a to open an additional channel to ac- subscriber penetration of more than 50 commodate any request for part-time percent, unless there are technical or leased access for at least eight contig- other compelling reasons for denying uous hours, for the same time period access to such tiers. every day, for at least a year. Once an (2) Cable operators shall be permitted operator has opened a vacant channel to make reasonable selections when to accommodate such a request, our placing leased access channels at spe- other leased access rules apply. If, how- cific channel locations. The Commis- ever, the operator has accommodated sion will evaluate disputes involving such a request on a channel already channel placement on a case-by-case carrying an existing full-time non- basis and will consider any evidence leased access programmer, the operator that an operator has acted unreason- does not have to accommodate other ably in this regard. part-time requests of less than eight (3) On systems with available leased hours on that channel until all other access capacity sufficient to satisfy existing part-time leased access chan- current leased access demand, cable op- nels are substantially filled with leased erators shall be required to accommo- access programming. date as expeditiously as possible all (b) Cable operators may not apply leased access requests for programming programming production standards to that is not obscene or indecent. On sys- leased access that are any higher than

643

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00643 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.975 47 CFR Ch. I (10–1–99 Edition)

those applied to public, educational (f)(1) A cable operator shall provide and governmental access channels. billing and collection services for com- (c) Cable operators are required to mercial leased access cable program- provide unaffiliated leased access users mers, unless the operator demonstrates the minimal level of technical support the existence of third party billing and necessary for users to present their collection services which in terms of material on the air, and may not un- cost and accessibility, offer leased ac- reasonably refuse to cooperate with a cess programmers an alternative sub- leased access user in order to prevent stantially equivalent to that offered to that user from obtaining channel ca- comparable non-leased access program- pacity. Leased access users must reim- mers. burse operators for the reasonable cost (2) If an operator can make the show- of any technical support actually provided by the operator that is beyond ing required in paragraph (f)(1) of this that provided for non-leased access pro- section, it must, to the extent tech- grammers on the system. A cable oper- nically feasible make available data ator may charge leased access pro- necessary to enable a third party to grammers for the use of technical bill and collect for the leased access equipment that is provided at no user. charge for public, educational and gov- (g) Cable operators shall not unrea- ernmental access programming, pro- sonably limit the length of leased ac- vided that the operator’s franchise cess contracts. The termination provi- agreement requires it to provide the sions of leased access contracts shall be equipment and does not preclude such commercially reasonable and may not use, and the equipment is not being allow operators to terminate leased ac- used for any other non-leased access cess contracts without a reasonable programming. Cable operators that are basis. required to purchase technical equip- (h) Cable operators may not prohibit ment in order to accommodate a leased the resale of leased access capacity to access programmer shall have the op- persons unaffiliated with the operator, tion of either requiring the leased ac- but may provide in their leased access cess programmer to pay the full pur- contracts that any sublessees will be chase price of the equipment, or pur- subject to the non-price terms and con- chasing the equipment and leasing it to ditions that apply to the initial lessee, the leased access programmer at a reasonable rate. Leased access program- and that, if the capacity is resold, the mers that are required to pay the full rate for the capacity shall be the max- purchase price of additional equipment imum permissible rate. shall have all rights of ownership asso- [58 FR 29753, May 21, 1993, as amended at 61 ciated with the equipment under appli- FR 16401, Apr. 15, 1996; 62 FR 11381, Mar. 12, cable state and local law. 1997] (d) Cable operators may require reasonable security deposits or other as- § 76.975 Commercial leased access dis- surances from users who are unable to pute resolution. prepay in full for access to leased com- (a) Any person aggrieved by the fail- mercial channels. Cable operators may ure or refusal of a cable operator to impose reasonable insurance require- make commercial channel capacity ments on leased access programmers. available in accordance with the provi- Cable operators shall bear the burden sions of Title VI of the Communica- of proof in establishing reasonableness. tions Act may bring an action in the (e) Cable operators may not set terms and conditions for commercial leased district court of the United States for access use based on content, except: the Judicial district in which the cable (1) To the limited extent necessary to system is located to compel that such establish a reasonable price for the capacity be made available. commercial use of designated channel (b)(1) Any person aggrieved by the capacity by an unaffiliated person; or failure or refusal of a cable operator to (2) To comply with 47 U.S.C. 532 (h), make commercial channel capacity (j) and § 76.701. available or to charge rates for such

644

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00644 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.975

capacity in accordance with the provi- does not indicate that the cable opera- sions of Title VI of the Communica- tor’s leased access rate exceeds the tions Act, or our implementing regula- maximum permitted rate by more than tions, §§ 76.970 and 76.971, may file a pe- a de minimis amount, each party shall tition for relief with the Commission. be required to split the cost of the final Persons alleging that a cable opera- accountant’s review, and to pay its tor’s leased access rate is unreasonable own expenses incurred in making the must receive a determination of the review. cable operator’s maximum permitted (5) Parties may use alternative dis- rate from an independent accountant pute resolution (ADR) processes to set- prior to filing a petition for relief with tle disputes that are not resolved by the Commission. the final accountant’s report. (2) Parties to a dispute over leased (c) A petition must contain a concise access rates shall have five business statement of the facts constituting a days to agree on a mutually acceptable violation of the statute or the Commis- accountant from the date on which the sion’s Rules, the specific statute(s) or programmer provides the cable oper- rule(s) violated, and certify that the ator with a written request for a repetition was served on the cable oper- view of its leased access rates. Parties ator. Where a petition is based on alle- that fail to agree on a mutually accept- gations that a cable operator’s leased able accountant within five business access rates are unreasonable, the peti- days of the programmer’s request for a tioner must attach a copy of the final review shall each be required to select accountant’s report. In proceedings be- an independent accountant on the fore the Commission, there will be a re- sixth business day. The two account- buttable presumption that the final ac- ants selected shall have five business countant’s report is correct. days to select a third independent accountant to perform the review. Opera- (d) Where a petition is not based on tors of systems subject to small system allegations that a cable operator’s relief shall have 14 business days to se- leased access rates are unreasonable, lect an independent accountant when the petition must be filed within 60 an agreement cannot be reached. For days of the alleged violation. Where a these purposes, systems subject to petition is based on allegations that small system relief are systems that ei- the cable operator’s leased access rates ther: are unreasonable, the petition must be (i) Qualify as small systems under filed within 60 days of the final ac- § 76.901(c) and are owned by a small countant’s report, or within 60 days of cable company as defined under the termination of ADR proceedings. § 76.901(e); or Aggrieved parties must certify that (ii) Have been granted special relief. their petition was filed within 60 days (3) The final accountant’s report of the termination of ADR proceedings must be completed within 60 days of in order to file a petition later than 60 the date on which the final accountant days after completion of the final ac- is selected to perform the review. The countant’s report. Cable operators may final accountant’s report must, at a rebut such certifications. minimum, state the maximum per- (e) The cable operator or other re- mitted rate, and explain how it was de- spondent will have 30 days from the fil- termined without revealing proprietary ing of the petition to file a response. If information. The report must be a leased access rate is disputed, the re- signed, dated and certified by the ac- sponse must show that the rate countant. The report shall be filed in charged is not higher than the max- the cable system’s local public file. imum permitted rate for such leased (4) If the accountant’s report indi- access, and must be supported by the cates that the cable operator’s leased affidavit of a responsible company offi- access rate exceeds the maximum per- cial. If, after a response is submitted, mitted rate by more than a de minimis the staff finds a prima facie violation amount, the cable operator shall be re- of our rules, the staff may require a required to pay the full cost of the re- spondent to produce additional infor- view. If the final accountant’s report mation, or specify other procedures

645

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00645 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.977 47 CFR Ch. I (10–1–99 Edition)

necessary for resolution of the pro- programming directed at members of ceeding. minority groups, and which is over 50 (f) The Commission, after consider- percent minority-owned. ation of the pleadings, may grant the (c) For purposes of this section, a relief requested, in whole or in part, in- qualified educational programming cluding, but not limited to ordering re- source is a programming source that funds, injunctive measures, or forfeit- devotes substantially all of its pro- ures pursuant 47 U.S.C. 503, denying the gramming to educational or instruc- petition, or issuing a ruling on the pe- tional programming that promotes tition or dispute. public understanding of mathematics, (g) To be afforded relief, the peti- the sciences, the humanities, or the tioner must show by clear and con- arts and has a documented annual ex- vincing evidence that the cable oper- penditure on programming exceeding ator has violated the Commission’s $15 million. The annual expenditure on leased access provisions in 47 U.S.C. 532 programming means all annual costs or §§ 76.970 and 76.971, or otherwise incurred by the programming source to acted unreasonably or in bad faith in produce or acquire programs which are failing or refusing to make capacity scheduled to be televised, and specifi- available or to charge lawful rates for cally excludes marketing, promotion, such capacity to an unaffiliated leased satellite transmission and operational access programmer. costs, and general administrative (h) During the pendency of a dispute, costs. a party seeking to lease channel capac- (d) For purposes of paragraphs (b) ity for commercial purposes, shall and (c) of this section, substantially all comply with the rates, terms and con- means that 90% or more of the pro- ditions prescribed by the cable oper- gramming offered must be devoted to ator, subject to refund or other appro- minority or educational purposes, as priate remedy. defined in paragraphs (b) and (c) of this section, respectively. [58 FR 29753, May 21, 1993, as amended at 62 (e) For purposes of paragraph (b) of FR 11382, Mar. 12, 1997] this section, ‘‘minority’’ is defined as § 76.977 Minority and educational pro- in 47 U.S.C. 309(i)(3)(c)(ii) to include gramming used in lieu of des- Blacks, Hispanics, American Indians, ignated commercial leased access Alaska Natives, Asians and Pacific Is- capacity. landers. (a) A cable operator required by this [58 FR 29753, May 21, 1993, as amended at 62 section to designate channel capacity FR 11382, Mar. 12, 1997] for commercial use pursuant to 47 U.S.C. 532, may use any such channel § 76.980 Charges for customer changes. capacity for the provision of program- (a) This section shall govern charges ming from a qualified minority pro- for any changes in service tiers or gramming source or from any qualified equipment provided to the subscriber educational programming sources, that are initiated at the request of a whether or not such source is affiliated subscriber after initial service installa- with cable operator. The channel cation. pacity used to provide programming (b) The charge for customer changes from a qualified minority program- in service tiers effected solely by coded ming source or from any qualified edu- entry on a computer terminal or by cational programming source pursuant other similarly simple methods shall to this section may not exceed 33 per- be a nominal amount, not exceeding cent of the channel capacity designated actual costs, as defined in paragraph pursuant to 47 U.S.C. 532 and must be (c) of this section. located on a tier with more than 50 per- (c) The charge for customers changes cent subscriber penetration. in service tiers or equipment that in- (b) For purposes of this section, a volve more than coded entry on a com- qualified minority programming source puter or other similarly simple method is a programming source that devotes shall be based on actual cost. The ac- substantially all of its programming to tual cost charge shall be either the coverage of minority viewpoints, or to HSC, as defined in Section 76.923 of the

646

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00646 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.983

rules, multiplied by the number of per- isting service or tier of service and are sons hours needed to implement the otherwise consistent with applicable change, or the HSC multiplied by the regulations. average number of persons hours in- (c) State and local governments may volved in implementing customer not enforce state and local consumer changes. protection laws that conflict with or (d) A cable operator may establish a undermine paragraph (a) or (b) of this higher charge for changes effected sole- section or any other sections of this ly by coded entry on a computer ter- Subpart that were established pursuant minal or by other similarly simple to Section 3 of the 1992 Cable Act, 47 methods, subject to approval by the U.S.C. 543. franchising authority, for a subscriber changing service tiers more than two [59 FR 62625, Dec. 6, 1994] times in a twelve month period, except for such changes ordered in response to § 76.982 Continuation of rate agree- a change in price or channel line-up. If ments. a cable system adopts such an in- During the term of an agreement exe- creased charge, the cable system must cuted before July 1, 1990, by a fran- notify all subscribers in writing that chising authority and a cable operator they may be subject to such a charge providing for the regulation of basic for changing service tiers more than cable service rates, where there was the specified number of times in any not effective competition under Com- twelve month period. mission rules in effect on that date, the (e) Downgrade charges that are the same as, or lower than, upgrade franchising authority may regulate charges are evidence of the reasonable- basic cable rates without following sec- ness of such downgrade charges. tion 623 of the 1992 Cable Act or §§ 76.910 (f) For 30 days after notice of through 76.942. A franchising authority retiering or rate increases, a customer regulating basic cable rates pursuant may obtain changes in service tiers at to such a rate agreement is not reno additional charge. quired to file for certification during the remaining term of the agreement § 76.981 Negative option billing. but shall notify the Commission of its (a) A cable operator shall not charge intent to continue regulating basic a subscriber for any service or equip- cable rates. ment that the subscriber has not affirmatively requested by name. A sub- § 76.983 Discrimination. scriber’s failure to refuse a cable opera- (a) No Federal agency, state, or local tor’s proposal to provide such service franchising authority may prohibit a or equipment is not an affirmative re- cable operator from offering reasonable quest for service or equipment. A sub- discounts to senior citizens or to eco- scriber’s affirmative request for service nomically disadvantaged groups. or equipment may be made orally or in (1) Such discounts must be offered writing. (b) The requirements of paragraph (a) equally to all subscribers in the fran- of this section shall not preclude the chise area who qualify as members of adjustment of rates to reflect inflation, these categories, or any reasonable cost of living and other external costs, subcategory thereof. the addition or deletion of a specific (2) For purposes of this section, mem- program from a service offering, the bers of economically disadvantaged addition or deletion of specific chan- groups are those individuals who re- nels from an existing tier or service, ceive federal, state or local welfare as- the restructuring or division of exist- sistance. ing tiers of service, or the adjustment (b) Nothing herein shall preclude any of rates as a result of the addition, de- Federal agency, state, or local fran- letion or substitution of channels pur- chising authority from requiring and suant to § 76.922, provided that such regulating the reception of cable serv- changes do not constitute a funda- ice by hearing impaired individuals. mental change in the nature of an ex-

647

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00647 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.984 47 CFR Ch. I (10–1–99 Edition)

§ 76.984 Geographically uniform rate lieved to be exempt from disclosure pursuant structure. to the Freedom of Information Act (FOIA), 5 U.S.C. 552(b), and the Commission’s rules, (a) The rates charged by cable opera- § 0.457 of this chapter, should follow the pro- tors for basic service, cable program- cedures in § 0.459 of this chapter and § 76.9. ming service, and associated equipment and installation shall be provided [59 FR 17975, Apr. 15, 1994, as amended at 61 pursuant to a rate structure that is FR 18979, Apr. 30, 1996; 64 FR 35951, July 2, uniform throughout each franchise 1999] area in which cable service is provided. (b) This section does not prohibit the § 76.985 Subscriber bill itemization. establishment by cable operators of (a) Cable operators may identify as a reasonable categories of service and separate line item of each regular sub- customers with separate rates and scriber bill the following: terms and conditions of service, within a franchise area. (1) The amount of the total bill as- (c) This section does not apply to: sessed as a franchise fee and the iden- (1) A cable operator with respect to tity of the franchising authority to the provision of cable service over its which the fee is paid. cable system in any geographic area in (2) The amount of the total bill as- which the video programming services sessed to satisfy any requirements im- offered by the operator in that area are posed on the cable operator by the subject to effective competition, or franchise agreement to support public, (2) Any video programming offered on educational, or governmental channels a per channel or per program basis. or the use of such channels. (3) Bulk discounts to multiple dwell- (3) The amount of any other fee, tax, ing units shall not be subject to this assessment, or charge of any kind im- section, except that a cable operator of posed by any governmental authority a cable system that is not subject to ef- on the transaction between the oper- fective competition may not charge ator and the subscriber. In order for a predatory prices to a multiple dwelling governmental fee or assessment to be unit. Upon a prima facie showing by a separately identified under this sec- complainant that there are reasonable tion, it must be directly imposed by a grounds to believe that the discounted governmental body on a transaction price is predatory, the cable system between a subscriber and an operator. shall have the burden of showing that its discounted price is not predatory. (b) The charge identified on the subscriber bill as the total charge for cable NOTE 1 TO PARAGRAPH (C)(3): Discovery pro- service should include all fees and cedures for predatory pricing complaints. costs itemized pursuant to this section. Requests for discovery will be addressed pursuant to the procedures specified in § 76.7(f). (c) Local franchising authorities may NOTE 2 TO PARAGRAPH (C)(3): Confidential adopt regulations consistent with this information. Parties submitting material be- section.

648

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00648 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.985

649

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00649 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.985 47 CFR Ch. I (10–1–99 Edition)

650

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00650 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.985

651

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00651 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.985 47 CFR Ch. I (10–1–99 Edition)

652

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00652 Fmt 8010 Sfmt 8006 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.987

§ 76.986 ‘‘A la carte’’ offerings. (e) A limited initial decision under (a) Collective offerings of unregu- paragraph (b) of this section shall toll lated per-channel or per-program (‘‘a la the time periods under § 76.933 within carte’’) video programming shall be which local authorities must decide regulated as CPSTs pursuant to § 76.922. local rate cases. The time period shall For purposes of this section, ‘‘multi- resume running seven days after the plexed’’ channels shall be treated as Commission decides the interlocutory one channel. appeal, or seven days following the ex- (b) A discounted package price of- piration of the period in which an in- fered by a cable system is not unrea- terlocutory appeal pursuant to para- sonable with respect to any collective graph (b) of this section may be filed. offering of channels if the component (f) A local franchising authority al- channels’ collective offering also have ternatively may decide whether a col- been continuously available on the sys- lective offering of ‘‘a la carte’’ chan- tem on a per channel basis since April nels will be treated as an NPT as a part 1, 1993. of its final decision setting rates for (c) A collective offering of per chan- the basic service tier. That decision nel offerings may be treated as New may then be appealed to the Commis- Product Tier if: sion as provided for under § 76.945. (1) The collective offering meets the [59 FR 62625, Dec. 6, 1994] conditions set forth in § 76.987; or (2) The operator had reasonable § 76.987 New product tiers. grounds to believe the collective offer- (a) Operators may establish a cating involving only a small number of egory of CPSTs, referred to as ‘‘new migrated channels complied with the product tiers’’ (‘‘NPTs’’), and offer Commission’s requirements as of the these tiers to subscribers at prices they date it was first offered. elect. (d) In reviewing a basic service rate (b) In order to be eligible to offer filing, local franchising authorities NPTs, cable operators must meet the may make an initial decision address- following conditions: ing whether a collective offering of ‘‘a (1) Operators offering NPTs are pro- la carte’’ channels will be treated as a hibited from making fundamental cable programming service tier that is changes to what they offer on their an NPT under § 76.987 or a CPST that is BSTs and CPSTs offerings on Sep- regulated under § 76.922. The fran- tember 30, 1994. Operators may drop chising authority must make this ini- channels or move channels between tial decision within the 30 day period BSTs and/or CPSTs or to an a la carte established for review of basic cable offering so long as the aggregation of rates and equipment costs in § 76.933(a), such changes do not constitute a fun- or within the first 60 days of an ex- damental change in their BST or tended 120 day period (if the franchise CPSTs. authority has requested an additional (2) Operators may not drop channels 90 days) pursuant to § 76.933(b). The that were offered on their BSTs or franchising authority shall provide no- CPSTs on September 30, 1994 and move tice of its decision to the cable system them to NPTs unless they wait at least and shall provide public notice of its two years from the date the channels initial decision within seven days pur- were dropped from the BSTs or CPSTs. suant to local procedural rules for pub- Time shifted versions, slightly altered lic notice. Operators or consumers may versions or renamed versions of chan- make an interlocutory appeal of the nels offered on BSTs and CPSTs on initial decision to the Commission September 30, 1994 shall not be exempt within 14 days of the initial decision. from this restriction. Operators shall provide notice to fran- (3) Operators must market their chise authorities of their decision BSTs and CPSTs so that customers whether or not to appeal to the Com- should be reasonably aware that: mission within this period. Consumers (i) Those tiers are being offered to shall provide notice to franchise au- the public; thorities of their decision to appeal to (ii) The names of the channels avail- the Commission within this period. able on those tiers; and

653

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00653 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.990 47 CFR Ch. I (10–1–99 Edition)

(iii) The price of the tiers. A sub- (f) If the Commission receives a com- scriber may not be charged for an NPT plaint about an NPT, the operator need unless the cable operator has obtained not file the rate justification provided the subscriber’s affirmative consent. in § 76.956, but shall within the time pe- Changes to the fundamental nature of riod provided by that rule file docu- an NPT must be approved by sub- mentation that the NPT meets all the scribers in accordance with § 76.981. conditions set forth in this section. (4) Operators may not require the (g) Within 30 days of the offering of subscription to any tier, other than a an NPT, operators shall file with the BST, as a condition for subscribing to Commission, a copy of the new rate an NPT and operators may not require card that contains the following infor- subscription to an NPT as a condition mation on their BSTs, CPSTs and for subscribing to a CPST. These re- NPTs: strictions will not apply to cable opera- (1) The names of the programming tors prior to October 5, 2002, if such op- services contained on each tier; and erators lack the capacity to offer BSTs (2) The price of each tier. Operators and NPTs without also providing other also must file with the Commission, intermediate tiers of service as pro- copies of notifications that were sent vided in § 76.900(c). to subscribers regarding the initial of- (c) Operators may offer the same fering of NPTs. After this initial filing, service on NPTs as are on one or more cable operators must file updated rate BSTs or CPSTs. A channel that occu- cards and copies of customer notifica- pied a CPST or BST part-time on Sep- tions with the Commission within 30 tember 30, 1994 also may be offered full- days of rate or service changes affect- time on an NPT as long as it continues ing the NPT. to be offered at least part-time on CPST or BST, under substantially the [59 FR 62625, Dec. 6, 1994] same conditions as before it was of- EFFECTIVE DATE NOTE: At 60 FR 62625, Dec. fered on the NPT. If a channel occupies 6, 1994, § 76.987, was revised. Paragraph (g) a BST or CPST (regulated pursuant to contains information collection and record- § 76.922) full-time on September 30, 1994, keeping requirements and will not become and is subsequently reduced to part- effective until approval has been given by time on the BST or CPST, that channel the Office of Management and Budget. may not be offered on an NPT full- time. Operators that offer a channel § 76.990 Small cable operators. both on an NPT and a BST or CPST (a) Effective February 8, 1996, a small will have a continuing obligation to en- cable operator is exempt from rate reg- sure that subscribers are aware that ulation on its cable programming serv- the channels are available on the CPST ices tier, or on its basic service tier if or BST. that tier was the only service tier sub- (d) Operators may temporarily place ject to rate regulation as of December new channels on CPSTs for marketing 31, 1994, in any franchise area in which purposes and then move them to NPTs. that operator services 50,000 or fewer In order for an operator to move a subscribers. channel from a CPST to an NPT pursu- (b) Procedures. (1) A small cable oper- ant to this paragraph, the channel ator, may certify in writing to its fran- must not have been offered on a BST or chise authority at any time that it CPST prior to October 1, 1994. meets all criteria necessary to qualify (e) After initially electing to offer an as a small operator. Upon request of NPT, a cable operator may cease to the local franchising authority, the op- provide the NPT, upon proper notice to erator shall identify in writing all of subscribers pursuant to § 76.964. If an its affiliates that provide cable service, operator drops an NPT and subse- the total subscriber base of itself and quently determines to reestablish that each affiliate, and the aggregate gross tier, at the time of the reestablishment revenues of its cable and non-cable af- it must comply with the conditions for filiates. Within 90 days of receiving the offering NPTs set forth in paragraph original certification, the local fran- (b) of this section. chising authority shall determine

654

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00654 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1000

whether the operator qualifies for de- laration of CPST rate deregulation regulation and shall notify the oper- from the Commission pursuant to § 76.7. ator in writing of its decision, although (c) Transition from small cable operator this 90-day period shall be tolled for so status. If a small cable operator subse- long as it takes the operator to respond quently becomes ineligible for small to a proper request for information by operator status, the operator will be- the local franchising authority. An op- come subject to regulation but may erator may appeal to the Commission a maintain the rates it charged prior to local franchise authority’s information losing small cable operator status if request if the operator seeks to chal- such rates (with an allowance for lenge the information request as un- minor variations) were in effect for the duly or unreasonably burdensome. If three months preceding the loss of the local franchising authority finds small cable operator status. Subse- that the operator does not qualify for quent rate increases following the loss of small cable operator status will be deregulation, its notice shall state the subject to generally applicable regula- grounds for that decision. The operator tions governing rate increases. may appeal the local franchising NOTE TO § 76.990: FOR RULES GOVERNING authority’s decision to the Commission SMALL CABLE SYSTEMS AND SMALL CABLE COM- within 30 days. PANIES, SEE § 76.934. (2) Once the operator has certified its [64 FR 35951, July 2, 1999] eligibility for deregulation on the basic service tier, the local franchising authority shall not prohibit the operator Subpart O—Competitive Access from taking a rate increase and shall to Cable Programming not order the operator to make any re- § 76.1000 Definitions. funds unless and until the local franchising authority has rejected the cer- As used in this subpart: tification in a final order that is no (a) Area served by cable system. The longer subject to appeal or that the term ‘‘area served’’ by a cable system Commission has affirmed. The operator means an area actually passed by a cable system and which can be con- shall be liable for refunds for revenues nected for a standard connection fee. gained (beyond revenues that could be (b) Attributable interest. For purposes gained under regulation) as a result of of determining whether a party has an any rate increase taken during the pe- ‘‘attributable interest’’ as used in this riod in which it claimed to be deregu- subpart, the definitions contained in lated, plus interest, in the event the the notes to § 76.501 shall be used, pro- operator is later found not to be de- vided, however that: regulated. The one-year limitation on (1) The single majority shareholder refund liability will not be applicable provisions of Note 2(b) to § 76.501 and during that period to ensure that the the limited partner insulation provi- filing of an invalid small operator cer- sions of Note 2(g) to § 76.501 shall not tification does not reduce any refund apply; and liability that the operator would other- (2) The provisions of Note 2(a) to wise incur. § 76.501 regarding five (5) percent inter- (3) Within 30 days of being served ests shall include all voting or non- with a local franchising authority’s no- voting stock or limited partnership eq- tice that the local franchising author- uity interests of five (5) percent or ity intends to file a cable programming more. services tier rate complaint, an oper- (c) Buying groups. The term ‘‘buying ator may certify to the local fran- group’’ or ‘‘agent,’’ for purposes of the chising authority that it meets the cri- definition of a multichannel video pro- teria for qualification as a small cable gramming distributor set forth in para- operator. This certification shall be graph (e) of this section, means an en- filed in accordance with the cable pro- tity representing the interests of more gramming services rate complaint pro- than one entity distributing multi- cedure set forth in § 76.1402. Absent a channel video programming that: cable programming services rate com- (1) Agrees to be financially liable for plaint, the operator may request a dec- any fees due pursuant to a satellite

655

VerDate 1599 04:06 Dec 21, 1999 Jkt 183187 PO 00000 Frm 00655 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm02 PsN: 183187T § 76.1000 47 CFR Ch. I (10–1–99 Edition)

cable programming, or satellite broad- (h) Satellite cable programming. The cast programming, contract which it term ‘‘satellite cable programming’’ signs as a contracting party as a rep- means video programming which is resentative of its members or whose transmitted via satellite and which is members, as contracting parties, agree primarily intended for direct receipt by to joint and several liability; and cable operators for their retrans- (2) Agrees to uniform billing and mission to cable subscribers, except standardized contract provisions for in- that such term does not include sat- dividual members; and ellite broadcast programming. (3) Agrees either collectively or individually on reasonable technical qual- NOTE TO PARAGRAPH (h): Satellite program- ity standards for the individual mem- ming which is primarily intended for the di- bers of the group. rect receipt by open video system operators for their retransmission to open video sys- (d) Competing distributors. The term tem subscribers shall be included within the ‘‘competing,’’ as used with respect to definition of satellite cable programming. competing multichannel video programming distributors, means distribu- (i) Satellite cable programming vendor. tors whose actual or proposed service The term ‘‘satellite cable programming areas overlap. vendor’’ means a person engaged in the (e) Multichannel video programming production, creation, or wholesale dis- distributor. The term ‘‘multichannel tribution for sale of satellite cable pro- video programming distributor’’ means gramming, but does not include a sat- an entity engaged in the business of ellite broadcast programming vendor. making available for purchase, by sub- (j) Similarly situated. The term ‘’simi- scribers or customers, multiple chan- larly situated’’ means, for the purposes nels of video programming. Such enti- of evaluating alternative programming ties include, but are not limited to, a contracts offered by a defendant pro- cable operator, a multichannel gramming vendor, that an alternative multipoint distribution service, a di- multichannel video programming dis- rect broadcast satellite service, a tele- tributor has been identified by the de- vision receive-only satellite program fendant as being more properly com- distributor, and a satellite master an- pared to the complainant in order to tenna television system operator, as determine whether a violation of well as buying groups or agents of all § 76.1002(b) has occurred. The analysis such entities. of whether an alternative multichannel NOTE TO PARAGRAPH (e): A video program- video programming distributor is prop- ming provider that provides more than one erly comparable to the complainant in- channel of video programming on an open cludes consideration of, but is not lim- video system is a multichannel video programming distributor for purposes of this ited to, such factors as whether the al- subpart O and Section 76.1507. ternative multichannel video programming distributor operates within a geo- (f) Satellite broadcast programming. graphic region proximate to the com- The term ‘‘satellite broadcast program- plainant, has roughly the same number ming’’ means broadcast video program- of subscribers as the complainant, and ming when such programming is re- purchases a similar service as the com- transmitted by satellite and the entity plainant. Such alternative multi- retransmitting such programming is channel video programming dis- not the broadcaster or an entity performing such retransmission on behalf tributor, however, must use the same of and with the specific consent of the distribution technology as the ‘‘com- broadcaster. peting’’ distributor with whom the (g) Satellite broadcast programming complainant seeks to compare itself. vendor. The term ‘‘satellite broadcast (k) Subdistribution agreement. The programming vendor’’ means a fixed term ‘‘subdistribution agreement’’ service satellite carrier that provides means an arrangement by which a service pursuant to section 119 of title local cable operator is given the right 17, United States Code, with respect to by a satellite cable programming ven- satellite broadcast programming. dor or satellite broadcast programming

656

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00656 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1002

vendor to distribute the vendor’s pro- based on credit considerations or financial gramming to competing multichannel stability, although any such distinctions video programming distributors. must be applied for reasons for other than a multichannel video programming distribu- [58 FR 27670, May 11, 1993, as amended at 61 tor’s technology. Vendors are not permitted FR 28708, June 5, 1996] to manifest factors such as creditworthiness or financial stability in price differentials if § 76.1001 Unfair practices generally. such factors are already taken into account No cable operator, satellite cable through different terms or conditions such programming vendor in which a cable as special credit requirements or payment operator has an attributable interest, guarantees. or satellite broadcast programming NOTE 2: Vendors may establish price dif- vendor shall engage in unfair methods ferentials based on factors related to offering of competition or unfair or deceptive of service, or difference related to the actual acts or practices, the purpose or effect service exchanged between the vendor and the distributor, as manifested in standardly of which is to hinder significantly or applied contract terms based on a distribu- prevent any multichannel video pro- tor’s particular characteristics or willing- gramming distributor from providing ness to provide secondary services that are satellite cable programming or sat- reflected as a discount or surcharge in the ellite broadcast programming to sub- programming service’s price. Such factors scribers or consumers. include, but are not limited to, penetration of programming to subscribers or to par- [58 FR 27671, May 11, 1993] ticular systems; retail price of programming to the consumer for pay services; amount § 76.1002 Specific unfair practices pro- and type of promotional or advertising serv- hibited. ices by a distributor; a distributor’s purchase (a) Undue or improper influence. No of programming in a package or a la carte; cable operator that has an attributable channel position; importance of location for interest in a satellite cable program- non-volume reasons; prepayment discounts; ming vendor or in a satellite broadcast contract duration; date of purchase, especially purchase of service at launch; meeting programming vendor shall unduly or competition at the distributor level; and improperly influence the decision of other legitimate factors as standardly ap- such vendor to sell, or unduly or implied in a technology neutral fashion. properly influence such vendor’s prices, terms and conditions for the sale of, (2) The establishment of different satellite cable programming or sat- prices, terms, and conditions to take ellite broadcast programming to any into account actual and reasonable dif- unaffiliated multichannel video pro- ferences in the cost of creation, sale, gramming distributor. delivery, or transmission of satellite (b) Discrimination in prices, terms or cable programming or satellite broad- conditions. No satellite cable program- cast programming; ming vendor in which a cable operator NOTE: Vendors may base price differen- has an attributable interest, or sat- tials, in whole or in part, on differences in ellite broadcast programming vendor, the cost of delivering a programming service shall discriminate in the prices, terms, to particular distributors, such as differences and conditions of sale or delivery of in costs, or additional costs, incurred for ad- satellite cable programming or sat- vertising expenses, copyright fees, customer ellite broadcast programming among service, and signal security. Vendors may or between competing cable systems, base price differentials on cost differences competing cable operators, or any com- that occur within a given technology as well as between technologies. A price differential peting multichannel video program- for a program service may not be based on a ming distributors. Nothing in this subdistributor’s retail costs in delivering serv- section, however, shall preclude: ice to subscribers unless the program vendor (1) The imposition of reasonable re- can demonstrate that subscribers do not or quirements for creditworthiness, offer- will not benefit from the distributor’s cost ing of service, and financial stability savings that result from a lower program- and standards regarding character and ming price. technical quality; (3) The establishment of different NOTE 1: Vendors are permitted to create a prices, terms, and conditions which distinct class or classes of service in pricing take into account economies of scale,

657

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00657 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1002 47 CFR Ch. I (10–1–99 Edition)

cost savings, or other direct and legiti- less the Commission determines in ac- mate economic benefits reasonably at- cordance with paragraph (c)(4) of this tributable to the number of subscribers section that such contract, practice, served by the distributor; or activity or arrangement is in the public interest. NOTE: Vendors may use volume-related justifications to establish price differentials to (3) Specific arrangements: Subdistribu- the extent that such justifications are made tion agreements—(i) Served areas. No available to similarly situated distributors cable operator shall enter into any sub- on a technology-neutral basis. When relying distribution agreement or arrangement upon standardized volume-related factors for satellite cable programming or sat- that are made available to all multichannel ellite broadcast programming with a video programming distributors using all satellite cable programming vendor in technologies, the vendor may be required to which a cable operator has an attrib- demonstrate that such volume discounts are reasonably related to direct and legitimate utable interest or a satellite broadcast economic benefits reasonably attributable to programming vendor in which a cable the number of subscribers served by the dis- operator has an attributable interest, tributor if questions arise about the applica- with respect to areas served by a cable tion of that discount. In such demonstra- operator, unless such agreement or ar- tions, vendors will not be required to provide rangement complies with the limita- a strict cost justification for the structure of tions set forth in paragraph (c)(3)(iii) of such standard volume-related factors, but this section. may also identify non-cost economic benefits related to increased viewership. (ii) Limitations on subdistribution agreements in served areas. No cable op- (4) Entering into exclusive contracts erator engaged in subdistribution of in areas that are permitted under para- satellite cable programming or sat- graphs (c)(2) and (c)(4) of this section. ellite broadcast programming may re- (c) Exclusive contracts and practices— quire a competing multichannel video (1) Unserved areas. No cable operator programming distributor to shall engage in any practice or activity (A) Purchase additional or unrelated or enter into any understanding or ar- programming as a condition of such rangement, including exclusive con- subdistribution; or tracts, with a satellite cable program- (B) Provide access to private prop- ming vendor or satellite broadcast pro- erty in exchange for access to program- gramming vendor for satellite cable ming. In addition, a subdistributor programming or satellite broadcast may not charge a competing multi- programming that prevents a multichannel video programming distributor channel video programming distributor more for said programming than the from obtaining such programming from satellite cable programming vendor or any satellite cable programming ven- satellite broadcast programming vendor in which a cable operator has an dor itself would be permitted to charge. attributable interest, or any satellite Any cable operator acting as a subdis- broadcast programming vendor in tributor of satellite cable programming which a cable operator has an attrib- or satellite broadcast programming utable interest for distribution to per- must respond to a request for access to sons in areas not served by a cable op- such programming by a competing erator as of October 5, 1992. multichannel video programming dis- (2) Served areas. No cable operator tributor within fifteen (15) days of the shall enter into any exclusive con- request. If the request is denied, the tracts, or engage in any practice, activ- competing multichannel video pro- ity or arrangement tantamount to an gramming distributor must be per- exclusive contract, for satellite cable mitted to negotiate directly with the programming or satellite broadcast satellite cable programming vendor or programming with a satellite cable satellite broadcast programming ven- programming vendor in which a cable dor. operator has an attributable interest (4) Public interest determination. In de- or a satellite broadcast programming termining whether an exclusive con- vendor in which a cable operator has tract is in the public interest for pur- an attributable interest, with respect poses of paragraph (c)(2) of this section, to areas served by a cable operator, un- the Commission will consider each of

658

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00658 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1002

the following factors with respect to date on which the petition is placed on the effect of such contract on the dis- public notice, setting forth its reasons tribution of video programming in to support a finding that the contract areas that are served by a cable oper- is not in the public interest under the ator: criteria set forth in paragraph (c)(4) of (i) The effect of such exclusive con- this section. Any such formal opposi- tract on the development of competition must be served on petitioner on tion in local and national multichannel the same day on which it is filed with video programming distribution mar- the Commission. kets; (iii) The petitioner may file a re- (ii) The effect of such exclusive con- sponse within ten (10) days of receipt of tract on competition from multi- any formal opposition. The Commis- channel video programming distribu- sion will then approve or deny the petition technologies other than cable; tion for exclusivity. (iii) The effect of such exclusive con- (6) Sunset provision. The prohibition tract on the attraction of capital in- of exclusive contracts set forth in para- vestment in the production and dis- graph (c)(2) of this section shall cease tribution of new satellite cable pro- to be effective on October 5, 2002, un- gramming; less the Commission finds, during a (iv) The effect of such exclusive con- proceeding to be conducted during the tract on diversity of programming in year preceding such date, that said pro- the multichannel video programming hibition continues to be necessary to distribution market; and preserve and protect competition and (v) The duration of the exclusive con- diversity in the distribution of video tract. programming. (5) Prior Commission approval required. (d) Limitations—(1) Geographic limita- Any cable operator, satellite cable pro- tions. Nothing in this section shall re- gramming vendor in which a cable op- quire any person who is engaged in the erator has an attributable interest, or national or regional distribution of satellite broadcast programming ven- video programming to make such pro- dor in which a cable operator has an gramming available in any geographic attributable interest seeking to enforce area beyond which such programming or enter into an exclusive contract in has been authorized or licensed for dis- an area served by a cable operator tribution. must submit a ‘‘Petition for Exclu- (2) Applicability to satellite retrans- sivity’’ to the Commission for ap- missions. Nothing in this section shall proval. apply: (i) The petition for exclusivity shall (i) To the signal of any broadcast af- contain those portions of the contract filiate of a national television network relevant to exclusivity, including: or other television signal that is re- (A) A description of the programming transmitted by satellite but that is not service; satellite broadcast programming; or (B) The extent and duration of exclu- (ii) To any internal satellite commu- sivity proposed; and nication of any broadcast network or (C) Any other terms or provisions di- cable network that is not satellite rectly related to exclusivity or to any broadcast programming. of the criteria set forth in paragraph (e) Exemptions for prior contracts.—(1) (c)(4) of this section. The petition for In general. Nothing in this section shall exclusivity shall also include a state- affect any contract that grants exclu- ment setting forth the petitioner’s rea- sive distribution rights to any person sons to support a finding that the con- with respect to satellite cable pro- tract is in the public interest, address- gramming and that was entered into or ing each of the five factors set forth in before June 1, 1990, except that the pro- paragraph (c)(4) of this section. visions of paragraph (c)(1) of this sec- (ii) Any competing multichannel tion shall apply for distribution to per- video programming distributor affected sons in areas not served by a cable op- by the proposed exclusivity may file an erator. opposition to the petition for exclu- (2) Limitation on renewals. A contract sivity within thirty (30) days of the that was entered into on or before June

659

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00659 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1003 47 CFR Ch. I (10–1–99 Edition)

1, 1990, but that was renewed or ex- whether the defendant is a cable oper- tended after October 5, 1992, shall not ator, satellite broadcast programming be exempt under paragraph (e)(1) of vendor or satellite cable programming this section. vendor (describing each defendant), and (f) Application to existing contracts. All the address and telephone number of contracts, except those specified in each defendant; paragraph (e) of this section, related to (2) Evidence that supports complain- the provision of satellite cable pro- ant’s belief that the defendant, where gramming or satellite broadcast pro- necessary, meets the attribution stand- gramming to any multichannel video ards for application of the program ac- programming distributor must be cess requirements; brought into compliance with the re- (3) Evidence that the complainant quirements specified in this subpart no competes with the defendant cable op- later than November 15, 1993. erator, or with a multichannel video [58 FR 27671, May 11, 1993, as amended at 59 programming distributor that is a cus- FR 66259, Dec. 23, 1994] tomer of the defendant satellite cable programming or satellite broadcast § 76.1003 Program access proceedings. programming vendor; (a) Complaints. Any multichannel (4) In complaints alleging discrimina- video programming distributor ag- tion, documentary evidence such as a grieved by conduct that it believes con- rate card or a programming contract stitute a violation of the regulations that demonstrates a differential in set forth in this subpart may com- price, terms or conditions between mence an adjudicatory proceeding at complainant and a competing multi- the Commission to obtain enforcement channel video programming distributor of the rules through the filing of a or, if no programming contract or rate complaint. The complaint shall be filed card is submitted with the complaint, and responded to in accordance with an affidavit signed by an officer of the procedures specified in § 76.7 of this complainant alleging that a differen- part with the following additions or tial in price, terms or conditions exits, changes: a description of the nature and extent (b) Prefiling notice required. Any ag- (if known or reasonably estimated by grieved multichannel video program- the complainant) of the differential, ming distributor intending to file a together with a statement that defend- complaint under this section must first ant refused to provide any further spe- notify the potential defendant cable cific comparative information; operator, and/or the potential defend- (5) If a programming contract or a ant satellite cable programming ven- rate card is submitted with the com- dor or satellite broadcast programming plaint in support of the alleged viola- vendor, that it intends to file a com- tion, specific references to the relevant plaint with the Commission based on provisions therein; actions alleged to violate one or more of the provisions contained in §§ 76.1001 (6) In complaints alleging exclusivity or 76.1002 of this part. The notice must violations: be sufficiently detailed so that its re- (i) The identity of both the pro- cipient(s) can determine the specific grammer and cable operator who are nature of the potential complaint. The parties to the alleged prohibited agree- potential complainant must allow a ment, minimum of ten (10) days for the poten- (ii) Evidence that complainant can or tial defendant(s) to respond before fil- does serve the area specified in the ing a complaint with the Commission. complaint, and (c) Contents of complaint. In addition (iii) Evidence that the complainant to the requirements of § 76.7 of this has requested to purchase the relevant part, a program access complaint shall programming and has been refused or contain: unanswered; (1) The type of multichannel video (7) In complaints alleging a violation programming distributor that de- of § 76.1001 of this part, evidence dem- scribes complainant, the address and onstrating that the behavior com- telephone number of the complainant, plained of has harmed complainant.

660

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00660 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1003

(8) The complaint must be accom- addition, the defendant may submit its panied by appropriate evidence dem- programming contracts covering the onstrating that the required notifica- area specified in the complaint with its tion pursuant to paragraph (a) of this answer to refute allegations concerning section has been made. the existence of an impermissible ex- (d) Damages requests. (1) In a case clusive contract. If there are no con- where recovery of damages is sought, tracts governing the specified area, the the complaint shall contain a clear and defendant shall so certify in its answer. unequivocal request for damages and Any contracts submitted pursuant to appropriate allegations in support of this provision may be protected as pro- such claim in accordance with the re- prietary pursuant to § 76.9 of this part. quirements of paragraph (d)(3) of this (3) An answer to a discrimination section. complaint shall state the reasons for (2) Damages will not be awarded upon any differential in prices, terms or con- a complaint unless specifically re- ditions between the complainant and quested. Damages may be awarded if its competitor, and shall specify the the complaint complies fully with the particular justification set forth in requirement of paragraph (d)(3) of this § 76.1002(b) of this part relied upon in section where the defendant knew, or support of the differential. should have known that it was engag- (i) When responding to allegations ing in conduct violative of section 628. concerning price discrimination, ex- (3) In all cases in which recovery of cept in cases in which the alleged price damages is sought, the complainant differential is de minimis (less than or shall include within, or as an attach- equal to five cents per subscriber or ment to, the complaint, either: five percent, whichever is greater), the (i) A computation of each and every defendant shall provide documentary category of damages for which recov- evidence to support any argument that ery is sought, along with an identifica- the magnitude of the differential is not tion of all relevant documents and ma- discriminatory. terials or such other evidence to be used by the complainant to determine (ii) In cases involving a price dif- the amount of such damages; or ferential of less than or equal to five (ii) An explanation of: cents per subscriber or five percent, (A) The information not in the pos- whichever is greater, the answer shall session of the complaining party that identify the differential as de minimis is necessary to develop a detailed com- and state that the defendant is there- putation of damages; fore not required to justify the mag- (B) The reason such information is nitude of the differential. unavailable to the complaining party; (iii) If the defendant believes that the (C) The factual basis the complainant complainant and its competitor are not has for believing that such evidence of sufficiently similar, the answer shall damages exists; and set forth the reasons supporting this (D) A detailed outline of the method- conclusion, and the defendant may sub- ology that would be used to create a mit an alternative contract for com- computation of damages when such parison with a similarly situated mul- evidence is available. tichannel video programming dis- (e) Answer. tributor that uses the same distribu- (1) Any cable operator, satellite cable tion technology as the competitor se- programming vendor or satellite broad- lected for comparison by the complain- cast programming vendor upon which a ant. The answer shall state the defend- program access complaint is served ant’s reasons for any differential be- under this section shall answer within tween the prices, terms and conditions twenty (20) days of service of the com- between the complainant and such plaint, unless otherwise directed by the similarly situated distributor, and Commission. shall specify the particular justifica- (2) An answer to an exclusivity com- tions in § 76.1002(b) of this part relied plaint shall provide the defendant’s upon in support of the differential. The reasons for refusing to sell the subject defendant shall also provide with its programming to the complainant. In answer written documentary evidence

661

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00661 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1003 47 CFR Ch. I (10–1–99 Edition)

to support its justification of the mag- (h) Remedies for violations—(1) Rem- nitude of any price differential between edies authorized. Upon completion of the complainant and such similarly sit- such adjudicatory proceeding, the uated distributor that is not de minimis. Commission shall order appropriate (4) An answer to a complaint alleging remedies, including, if necessary, the an unreasonable refusal to sell pro- imposition of damages, and/or the es- gramming shall state the defendant’s tablishment of prices, terms, and con- reasons for refusing to sell to the com- ditions for the sale of programming to plainant, or for refusing to sell to the the aggrieved multichannel video pro- complainant on the same terms and gramming distributor. Such order shall conditions as complainant’s compet- set forth a timetable for compliance, itor, and shall specify why the defend- and shall become effective upon re- ant’s actions are not discriminatory. lease. (f) Reply. Within fifteen (15) days (2) Additional sanctions. The remedies after service of an answer, unless oth- provided in paragraph (h)(1) of this sec- erwise directed by the Commission, the tion are in addition to and not in lieu complainant may file and serve a reply of the sanctions available under title V which shall be responsive to matters or any other provision of the Commu- contained in the answer and shall not nications Act. contain new matters. (3) Imposition of damages. (i) Bifurca- tion. In all cases in which damages are (g) Time limit on filing of complaints. requested, the Commission may bifur- Any complaint filed pursuant to this cate the program access violation de- subsection must be filed within one termination from any damage adju- year of the date on which one of the dication. following events occurs: (ii) Burden of proof. The burden of (1) The satellite cable programming proof regarding damages rests with the or satellite broadcast programming complainant, who must demonstrate vendor enters into a contract with the with specificity the damages arising complainant that the complainant al- from the program access violation. Re- leges to violate one or more of the quests for damages that grossly over- rules contained in this subpart; or state the amount of damages may re- (2) The satellite cable programming sult in a Commission determination or satellite broadcast programming that the complainant failed to satisfy vendor offers to sell programming to its burden of proof to demonstrate with the complainant pursuant to terms specificity the damages arising from that the complainant alleges to violate the program access violation. one or more of the rules contained in (iii) Damages adjudication. (A) The this subpart, and such offer to sell pro- Commission may, in its discretion, end gramming is unrelated to any existing adjudication of damages with a written contract between the complainant and order determining the sufficiency of the satellite cable programming or sat- the damages computation submitted in ellite broadcast programming vendor; accordance with paragraph (d)(3)(i) of or this section or the damages computa- (3) The complainant has notified a tion methodology submitted in accord- cable operator, or a satellite cable pro- ance with paragraph (d)(3)(ii)(D) of this gramming vendor or a satellite broad- section, modifying such computation cast programming vendor that it in- or methodology, or requiring the com- tends to file a complaint with the Com- plainant to resubmit such computation mission based on a request to purchase or methodology. or negotiate to purchase satellite cable (1) Where the Commission issues a programming or satellite broadcast written order approving or modifying a programming, or has made a request to damages computation submitted in ac- amend an existing contract pertaining cordance with paragraph (d)(3)(i) of to such programming pursuant to this section, the defendant shall rec- § 76.1002(f) of this part that has been de- ompense the complainant as directed nied or unacknowledged, allegedly in therein. violation of one or more of the rules (2) Where the Commission issues a contained in this subpart. written order approving or modifying a

662

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00662 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1200

damages computation methodology sion that applies to a satellite cable submitted in accordance with para- programming vendor in which a cable graph (d)(3)(ii)(D) of this section, the operator has an attributable interest parties shall negotiate in good faith to shall apply to any satellite cable pro- reach an agreement on the exact gramming vendor in which such com- amount of damages pursuant to the mon carrier has an attributable inter- Commission-mandated methodology. est. For the purposes of this section, (B) Within thirty days of the two or fewer common officers or direc- issuance of a paragraph (d)(3)(ii)(D) of tors shall not by itself establish an at- this section damages methodology tributable interest by a common car- order, the parties shall submit jointly rier in a satellite cable programming to the Commission either: vendor (or its parent company). (1) A statement detailing the parties’ (b) Sections 76.1002(c)(1) through (3) agreement as to the amount of dam- shall be applied to a common carrier or ages; (2) A statement that the parties are its affiliate that provides video pro- continuing to negotiate in good faith gramming by any means directly to and a request that the parties be given subscribers in such a way that such an extension of time to continue nego- common carrier or its affiliate shall be tiations; or generally restricted from entering into (3) A statement detailing the bases an exclusive arrangement for satellite for the continuing dispute and the rea- cable programming or satellite broad- sons why no agreement can be reached. cast programming with a satellite (C)(1) In cases in which the parties cable programming vendor in which a cannot resolve the amount of damages common carrier or its affiliate has an within a reasonable time period, the attributable interest or a satellite Commission retains the right to deter- broadcast programming vendor in mine the actual amount of damages on which a common carrier or its affiliate its own, or through the procedures de- has an attributable interest, unless the scribed in paragraph (h)(3)(iii)(C)(2) of arrangement pertains to an area served this section. by a cable system as of October 5, 1992, (2) Issues concerning the amount of and the Commission determines in ac- damages may be designated by the cordance with Section § 76.1002(c)(4) Chief, Cable Services Bureau for hear- that such arrangment is in the public ing before, or, if the parties agree, sub- interest. mitted for mediation to, a Commission Administrative Law Judge. [61 FR 18980, Apr. 30, 1996, as amended at 61 (D) Interest on the amount of dam- FR 28708, June 5, 1996] ages awarded will accrue from either §§ 76.1005—76.1010 [Reserved] the date indicated in the Commission’s written order issued pursuant to paragraph (h)(3)(iii)(A)(1) of this section or Subpart P—Competitive the date agreed upon by the parties as Availability of Navigation Devices a result of their negotiations pursuant to paragraph (h)(3)(iii)(A)(2) of this sec- SOURCE: 63 FR 38094, July 15, 1998, unless tion. Interest shall be computed at ap- otherwise noted. plicable rates published by the Internal EFFECTIVE DATE NOTE: At 63 FR 38094, July Revenue Service for tax refunds. 15, 1998, subpart P was added. This subpart [64 FR 6572, Feb. 10, 1999] contains information collection and recordkeeping requirements and will not become § 76.1004 Applicability of program ac- effective until approval has been given by cess rules to common carriers and the Office of Management and Budget, ex- affiliates. cept for § 76.1204, which will become effective (a) Any provision that applies to a July 1, 2000. cable operator under §§ 76.1000 through § 76.1200 Definitions. 76.1003 shall also apply to a common carrier or its affiliate that provides As used in this subpart: video programming by any means di- (a) Multichannel video programming rectly to subscribers. Any such provi- system. A distribution system that

663

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00663 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1201 47 CFR Ch. I (10–1–99 Edition)

makes available for purchase, by cus- ment, patent right, intellectual prop- tomers or subscribers, multiple chan- erty right or otherwise prevent naviga- nels of video programming other than tion devices that do not perform condi- an open video system as defined by tional access or security functions § 76.1500(a). Such systems include, but from being made available to sub- are not limited to, cable television sys- scribers from retailers, manufacturers, tems, multichannel multipoint dis- or other vendors that are unaffiliated tribution systems, direct broadcast with such owner or operator, subject to satellite systems, other systems for § 76.1209. providing direct-to-home multichannel video programming via satellite, and § 76.1203 Incidence of harm. satellite master antenna systems. A multichannel video programming (b) Multichannel video programming distributor may restrict the attach- distributor. A person such as, but not ment or use of navigation devices with limited to, a cable operator, a multi- its system in those circumstances channel multipoint distribution serv- where electronic or physical harm ice, a direct broadcast satellite service, would be caused by the attachment or or a television receive-only satellite operation of such devices or such de- program distributor, who owns or oper- vices that assist or are intended or de- ates a multichannel video program- signed to assist in the unauthorized re- ming system. ceipt of service. Such restrictions may (c) Navigation devices. Devices such as be accomplished by publishing and pro- converter boxes, interactive commu- viding to subscribers standards and de- nications equipment, and other equip- scriptions of devices that may not be ment used by consumers to access mul- used with or attached to its system. tichannel video programming and Such standards shall foreclose the at- other services offered over multi- tachment or use only of such devices as channel video programming systems. raise reasonable and legitimate con- (d) Affiliate. A person or entity that cerns of electronic or physical harm or (directly or indirectly) owns or con- theft of service. In any situation where trols, is owned or controlled by, or is theft of service or harm occurs or is under common ownership or control likely to occur, service may be discon- with, another person, as defined in the tinued. notes accompanying § 76.501. (e) Conditional access. The mecha- § 76.1204 Availability of equipment nisms that provide for selective access performing conditional access or and denial of specific services and security functions. make use of signal security that can (a)(1) A multichannel video program- prevent a signal from being received ming distributor that utilizes naviga- except by authorized users. tion devices to perform conditional access functions shall make available § 76.1201 Rights of subscribers to use equipment that incorporates only the or attach navigation devices. conditional access functions of such de- No multichannel video programming vices. Commencing on January 1, 2005, distributor shall prevent the connec- no multichannel video programming tion or use of navigation devices to or distributor subject to this section shall with its multichannel video program- place in service new navigation devices ming system, except in those cir- for sale, lease, or use that perform both cumstances where electronic or phys- conditional access and other functions ical harm would be caused by the at- in a single integrated device. tachment or operation of such devices (2) The foregoing requirement shall or such devices may be used to assist not apply to a multichannel video pro- or are intended or designed to assist in gramming distributor that supports the unauthorized receipt of service. the active use by subscribers of navigation devices that: (i) operate through- § 76.1202 Availability of navigation de- out the continental United States, and vices. (ii) are available from retail outlets No multichannel video programming and other vendors throughout the distributor shall by contract, agree- United States that are not affiliated

664

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00664 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1208

with the owner or operator of the mul- EFFECTIVE DATE NOTE: At 63 FR 38095, July tichannel video programming system. 15, 1998, § 76.1204 was added, effective July 1, (b) Conditional access function equip- 2000. ment made available pursuant to para- § 76.1205 Availability of interface in- graph (a)(1) of this section shall be de- formation. signed to connect to and function with other navigation devices available Technical information concerning through the use of a commonly used interface parameters that are needed interface or an interface that conforms to permit navigation devices to operate to appropriate technical standards pro- with multichannel video programming mulgated by a national standards orga- systems shall be provided by the sys- nization. tem operator upon request in a timely manner. (c) No multichannel video programming distributor shall by contract, § 76.1206 Equipment sale or lease agreement, patent, intellectual prop- charge subsidy prohibition. erty right or otherwise preclude the addition of features or functions to the Multichannel video programming dis- equipment made available pursuant to tributors offering navigation devices this section that are not designed, in- subject to the provisions of § 76.923 for tended or function to defeat the condi- sale or lease directly to subscribers, tional access controls of such devices shall adhere to the standards reflected or to provide unauthorized access to therein relating to rates for equipment service. and installation and shall separately state the charges to consumers for (d) Notwithstanding the foregoing, such services and equipment. navigation devices need not be made available pursuant to this section § 76.1207 Waivers. where: (1) It is not reasonably feasible to The Commission may waive a regula- prevent such devices from being used tion adopted under this subpart for a for the unauthorized reception of serv- limited time, upon an appropriate ice; or showing by a provider of multichannel (2) It is not reasonably feasible to video programming and other services separate conditional access from other offered over multichannel video pro- functions without jeopardizing secu- gramming systems, or an equipment rity. provider that such a waiver is nec- (e) The requirements of this section essary to assist the development or in- shall become applicable on July 1, 2000. troduction of a new or improved multichannel video programming or other (f) Paragraphs (a)(1), (b), and (c) of service offered over multichannel video this section shall not apply to the pro- programming systems, technology, or vision of any navigation device that: products. Such waiver requests should (1) Employs conditional access mech- be made pursuant to § 76.7. Such a anisms only to access analog video pro- waiver shall be effective for all service gramming; providers and products in the category (2) Is capable only of providing access in which the waiver is granted. to analog video programming offered over a multichannel video program- § 76.1208 Sunset of regulations. ming distribution system; and The regulations adopted under this (3) Does not provide access to any subpart shall cease to apply when the digital transmission of multichannel Commission determines that (1) the video programming or any other dig- market for multichannel video dis- ital service through any receiving, de- tributors is fully competitive; (2) the coding, conditional access, or other market for converter boxes, and inter- function, including any conversion of active communications equipment, digital programming or service to an used in conjunction with that service is analog format. fully competitive; and (3) elimination [63 FR 38095, July 15, 1998, as amended at 64 of the regulations would promote com- FR 29600, June 2, 1999] petition and the public interest. Any

665

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00665 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1209 47 CFR Ch. I (10–1–99 Edition)

interested party may petition the Com- (1) Agrees to be financially liable for mission for such a determination. any fees due pursuant to a satellite cable programming, or satellite broad- § 76.1209 Theft of service. cast programming, contract which it Nothing in this subpart shall be con- signs as a contracting party as a rep- strued to authorize or justify any use, resentative of its members or whose manufacture, or importation of equip- members, as contracting parties, agree ment that would violate 47 U.S.C. 553 to joint and several liability; and or any other provision of law intended (2) Agrees to uniform billing and to preclude the unauthorized reception standardized contract provisions for in- of multichannel video programming dividual members; and service. (3) Agrees either collectively or individually on reasonable technical qual- § 76.1210 Effect on other rules. ity standards for the individual mem- Nothing in this subpart affects bers of the group. § 64.702(d) of the Commission’s regula- (c) Multichannel video programming tions or other Commission regulations distributor. The term ‘‘multichannel governing interconnection and com- video programming distributor’’ means petitive provision of customer premises an entity engaged in the business of equipment used in connection with making available for purchase, by sub- basic common carrier communications scribers or customers, multiple chan- services. nels of video programming. Such entities include, but are not limited to, a cable operator, a multichannel Subpart Q—Regulation of multipoint distribution service, a di- Carriage Agreements rect broadcast satellite service, a television receive-only satellite program SOURCE: 58 FR 60395, Nov. 16, 1993, unless distributor, and a satellite master an- otherwise noted. tenna television system operator, as well as buying groups or agents of all § 76.1300 Definitions. such entities. As used in this subpart: (d) Video programming vendor. The (a) Affiliated. For purposes of deter- term ‘‘video programming vendor’’ mining whether a video programming means a person engaged in the produc- vendor is ‘‘affiliated’’ with a multi- tion, creation, or wholesale distribu- channel video programming dis- tion of video programming for sale. tributor, as used in this subpart, the definitions for ‘‘attributable interest’’ § 76.1301 Prohibited practices. contained in the notes to § 76.501 shall (a) Financial interest. No cable oper- be used, provided, however that: ator or other multichannel video pro- (1) The single majority shareholder gramming distributor shall require a provisions of Note 2(b) to § 76.501 and financial interest in any program serv- the limited partner insulation provi- ice as a condition for carriage on one sions of Note 2(g) to § 76.501 shall not or more of such operator’s/provider’s apply; and systems. (2) The provisions of Note 2(a) to (b) Exclusive rights. No cable operator § 76.501 regarding five (5) percent inter- or other multichannel video program- ests shall include all voting or non- ming distributor shall coerce any video voting stock or limited partnership eq- programming vendor to provide, or re- uity interests of five (5) percent or taliate against such a vendor for fail- more. ing to provide, exclusive rights against (b) Buying groups. The term ‘‘buying any other multichannel video program- group’’ or ‘‘agent,’’ for purposes of the ming distributor as a condition for car- definition of a multichannel video pro- riage on a system. gramming distributor set forth in para- (c) Discrimination. No multichannel graph (e) of this section, means an en- video programming distributor shall tity representing the interests of more engage in conduct the effect of which is than one entity distributing multi- to unreasonably restrain the ability of channel video programming that: an unaffiliated video programming

666

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00666 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1302

vendor to compete fairly by discrimi- that supports complainant’s claim that nating in video programming distribu- the effect of the conduct complained of tion on the basis of affiliation or non- is to unreasonably restrain the ability affiliation of vendors in the selection, of the complainant to compete fairly. terms, or conditions for carriage of (4) The complaint must be accom- video programming provided by such panied by appropriate evidence dem- vendors. onstrating that the required notification pursuant to paragraph (b) of this § 76.1302 Carriage agreement pro- section has been made. ceedings. (d) Answer. (1) Any multichannel (a) Complaints. Any video program- video programming distributor upon ming vendor or multichannel video which a carriage agreement complaint programming distributor aggrieved by is served under this section shall an- conduct that it believes constitute a swer within thirty (30) days of service violation of the regulations set forth in of the complaint, unless otherwise di- this subpart may commence an adju- rected by the Commission. dicatory proceeding at the Commission (2) The answer shall address the relief to obtain enforcement of the rules requested in the complaint, including through the filing of a complaint. The legal and documentary support, for complaint shall be filed and responded such response, and may include an al- to in accordance with the procedures ternative relief proposal without any specified in § 76.7 of this part with the prejudice to any denials or defenses following additions or changes: raised. (b) Prefiling notice required. Any aggrieved video programming vendor or (e) Reply. Within twenty (20) days multichannel video programming dis- after service of an answer, unless oth- tributor intending to file a complaint erwise directed by the Commission, the under this section must first notify the complainant may file and serve a reply potential defendant multichannel video which shall be responsive to matters programming distributor that it in- contained in the answer and shall not tends to file a complaint with the Com- contain new matters. mission based on actions alleged to (f) Time limit on filing of complaints. violate one or more of the provisions Any complaint filed pursuant to this contained in § 76.1301 of this part. The subsection must be filed within one notice must be sufficiently detailed so year of the date on which one of the that its recipient(s) can determine the following events occurs: specific nature of the potential com- (1) The multichannel video program- plaint. The potential complainant ming distributor enters into a contract must allow a minimum of ten (10) days with a video programming distributor for the potential defendant(s) to re- that a party alleges to violate one or spond before filing a complaint with more of the rules contained in this sec- the Commission. tion; or (c) Contents of complaint. In addition (2) The multichannel video program- to the requirements of § 76.7 of this ming distributor offers to carry the part, a carriage agreement complaint video programming vendor’s program- shall contain: ming pursuant to terms that a party (1) The type of multichannel video alleges to violate one or more of the programming distributor that de- rules contained in this section, and scribes complainant, the address and such offer to carry programming is un- telephone number of the complainant, related to any existing contract be- and the address and telephone number tween the complainant and the multi- of each defendant; channel video programming dis- (2) Evidence that supports complain- tributor; or ant’s belief that the defendant, where (3) A party has notified a multi- necessary, meets the attribution stand- channel video programming distributor ards for application of the carriage that it intends to file a complaint with agreement regulations; the Commission based on violations of (3) For complaints alleging a viola- one or more of the rules contained in tion of § 76.1301(c) of this part, evidence this section.

667

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00667 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T §§ 76.1303—76.1305 47 CFR Ch. I (10–1–99 Edition)

(g) Remedies for violations—(1) Rem- regulation. These rules and regulations edies authorized. Upon completion of provide guidance for operators, sub- such adjudicatory proceeding, the scribers and franchise authorities with Commission shall order appropriate respect to matters that are subject to remedies, including, if necessary, man- immediate implementation under gov- datory carriage of a video program- erning statutes but require specific ming vendor’s programming on defend- regulatory procedures or definitions. ant’s video distribution system, or the establishment of prices, terms, and § 76.1401 Effective competition and conditions for the carriage of a video local exchange carriers. programming vendor’s programming. As used in § 76.905(b)(4), the term ‘‘af- Such order shall set forth a timetable filiate’’ means a person that (directly for compliance, and shall become effec- or indirectly) owns or controls, is tive upon release, unless any order of owned or controlled by, or is under mandatory carriage would require the common ownership or control with an- defendant multichannel video program- other person. For purposes of the sec- ming distributor to delete existing pro- tion, the term ‘‘own’’ means to own an gramming from its system to accom- equity interest (or the equivalent modate carriage of a video program- thereof) of more than 10 percent. ming vendor’s programming. In such instances, if the defendant seeks review [61 FR 18980, Apr. 30, 1996, as amended at 64 of the staff, or administrative law FR 35951, July 2, 1999] judge decision, the order for carriage of § 76.1402 CPST rate complaints. a video programming vendor’s programming will not become effective (a) A local franchise authority may unless and until the decision of the file rate complaints with the Commis- staff or administrative law judge is sion within 180 days of the effective upheld by the Commission. If the Com- date of a rate increase on the cable op- mission upholds the remedy ordered by erator’s cable programming services the staff or administrative law judge in tier if within 90 days of that increase its entirety, the defendant will be re- the local franchise authority receives quired to carry the video programming more than one subscriber complaint vendor’s programming for an addi- concerning the increase. tional period equal to the time elapsed (b) Before filing a rate complaint between the staff or administrative law with the Commission, the local fran- judge decision and the Commission’s chise authority must first give the ruling, on the terms and conditions ap- cable operator written notice, includ- proved by the Commission. ing a draft FCC Form 329, of the local (2) Additional sanctions. The remedies franchise authority’s intent to file the provided in paragraph (g)(1) of this sec- complaint. The local franchise author- tion are in addition to and not in lieu ity must give an operator a minimum of the sanctions available under title V of 30 days to file with the local fran- or any other provision of the Commu- chise authority the relevant FCC forms nications Act. that must be filed to justify a rate increase or, where appropriate, certifi- [64 FR 6574, Feb. 10, 1999] cation that the operator is not subject §§ 76.1303—76.1305 [Reserved] to rate regulation. The operator must file a complete response with the local franchise authority within the time pe- Subpart R—Telecommunications riod specified by the local franchise au- Act Implementation thority. The local franchise authority shall file with the Commission the SOURCE: 61 FR 18980, Apr. 30, 1996, unless complaint and the operator’s response otherwise noted. to the Complaint. If the operator’s response to the complaint asserts that § 76.1400 Purpose. the operator is exempt from rate regu- The rules and regulations set forth in lation, the operator’s response can be this subpart provide procedures for ad- filed with the local franchise authority ministering certain aspects of cable without filing specific FCC Forms.

668

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00668 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1500

§ 76.1404 Use of cable facilities by local open video system and directly or exchange carriers. through one or more affiliates owns a For purposes of § 76.505(d)(2), the significant interest in such open video Commission will determine whether system, or otherwise controls or is reuse of a cable operator’s facilities by a sponsible for the management and op- local exchange carrier is reasonably eration of such an open video system. limited in scope and duration accord- (c) Video programming provider. Any ing to the following procedures: person or group of persons who has the (a) Within 10 days of final execution right under the copyright laws to se- of a contract permitting a local ex- lect and contract for carriage of spe- change carrier to use that part of the cific video programming on an open transmission facilities of a cable sys- video system. tem extending from the last multi-user (d) Activated channels. This term shall terminal to the premises of the end have the same meaning as provided in use, the parties shall submit a copy of the cable television rules, 47 CFR such contract, along with an expla- 76.5(nn). nation of how such contract is reason- (e) Shared channel. Any channel that ably limited in scope and duration, to carries video programming that is se- the Commission for review. The parties lected by more than one video pro- shall serve a copy of this submission on gramming provider and offered to sub- the local franchising authority, along scribers. with a notice of the local franchising (f) Cable service. This term shall have authority’s right to file comments with the same meaning as provided in the the Commission consistent with § 76.7. cable television rules, 47 CFR 76.5(ff). (b) Based on the record before it, the (g) Affiliate. For purposes of deter- Commission shall determine whether mining whether a party is an ‘‘affil- the local exchange carrier’s use of that iate’’ as used in this subpart, the defi- part of the transmission facilities of a nitions contained in the notes to cable system extending from the last § 76.501 shall be used, provided, however multi-use terminal to the premises of that: the end user is reasonably limited in (1) The single majority shareholder scope and duration. In making this de- provisions of Note 2(b) to § 76.501 and termination, the Commission will the limited partner insulation provi- evaluate whether the proposed joint sions of Note 2(g) to § 76.501 shall not use of cable facilities promotes com- apply; and petition in both services and facilities, (2) The provisions of Note 2(a) to and encourages long-term investment § 76.501 regarding five (5) percent inter- in telecommunications infrastructure. ests shall include all voting or nonvoting stock or limited partnership eq- Subpart S—Open Video Systems uity interests of five (5) percent or more. SOURCE: 61 FR 28708, June 5, 1996, unless (h) Other terms. Unless otherwise ex- otherwise noted. pressly stated, words not defined in this part shall be given their meaning § 76.1500 Definitions. as used in Title 47 of the United States (a) Open video system. A facility con- Code, as amended, and, if not defined sisting of a set of transmission paths therein, their meaning as used in Part and associated signal generation, re- 47 of the Code of Federal Regulations. ception, and control equipment that is [61 FR 28708, June 5, 1996, as amended at 61 designed to provide cable service which FR 43175, Aug. 21, 1996] includes video programming and which is provided to multiple subscribers EFFECTIVE DATE NOTE: At 61 FR 43175, Aug. within a community, provided that the 21, 1996, in § 76.1500, paragraph (g) was redes- Commission has certified that such ignated as (h); a new paragraph (g) was added. This amendment contains informa- system complies with this part. tion collection and recordkeeping require- (b) Open video system operator ments and will not become effective until ap- (operator). Any person or group of per- proval has been given by the Office of Man- sons who provides cable service over an agement and Budget.

669

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00669 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1501 47 CFR Ch. I (10–1–99 Edition)

§ 76.1501 Qualifications to be an open (c) Certifications must be filed on video system operator. FCC Form 1275 and must include: Any person may obtain a certifi- (1) The applicant’s name, address and cation to operate an open video system telephone number; pursuant to Section 653(a)(1) of the (2) A statement of ownership, includ- Communications Act, 47 U.S.C. ing all affiliated entities; 573(a)(1), except that an operator of a (3) If the applicant is a cable operator cable system, regardless of any other applying for certification in its cable service that the cable operator may franchise area, a statement that the provide, may not obtain such a certifi- applicant is qualified to operate an cation within its cable service area un- open video system under Section less it is subject to ‘‘effective competi- 76.1501. tion,’’ as defined in Section 623(l)(1) of (4) A statement that the applicant the Communications Act, 47 U.S.C. agrees to comply and to remain in 543(l)(1). A cable operator that is not compliance with each of the Commis- subject to effective competition within sion’s regulations in §§ 76.1503, 76.1504, its cable service area may file a peti- 76.1506(m), 76.1508, 76.1509, and 76.1513; tion with the Commission, seeking a (5) If the applicant is required under finding that particular circumstances 47 CFR 64.903(a) of this chapter to file exist that make it consistent with the a cost allocation manual, a statement public interest, convenience, and ne- that the applicant will file changes to cessity to allow the operator to con- its manual at least 60 days before the vert its cable system to an open video commencement of service; system. Nothing herein shall be con- (6) A list of the names of the antici- strued to affect the terms of any fran- pated local communities to be served chising agreement or other contractual upon completion of the system; agreement. (7) The anticipated amount and type (i.e., analog or digital) of capacity (for NOTE: § 76.1501: An example of a cir- cumstance in which the public interest, con- switched digital systems, the antici- venience and necessity would be served by pated number of available channel permitting a cable operator not subject to ef- input ports); and fective competition to become an open video (8) A statement that the applicant system operator within its cable service area will comply with the Commission’s nois where the entry of a facilities-based com- tice and enrollment requirements for petitor into its cable service area would like- unaffiliated video programming pro- ly be infeasible. viders. (d)(1) On or before the date an FCC § 76.1502 Certification. Form 1275 is filed with the Commis- (a) An operator of an open video sys- sion, the applicant must serve a copy tem must certify to the Commission of its filing on all local communities that it will comply with the Commis- identified pursuant to paragraph (c)(6) sion’s regulations in 47 CFR 76.1503, of this section and must include a 76.1504, 76.1506(m), 76.1508, 76.1509, and statement informing the local commu- 76.1513. If construction of new physical nities of the Commission’s require- plant is required, the Commission must ments in paragraph (e) of this section approve such certification prior to the for filing oppositions and comments. commencement of construction. If no Service by mail is complete upon mail- new construction is required, the Com- ing, but if mailed, the served docu- mission must approve such certifi- ments must be postmarked at least 3 cation prior to the commencement of days prior to the filing of the FCC service at such a point in time that Form 1275 with the Commission. would allow the applicant sufficient (2) Parties are required to attach a time to comply with the Commission’s cover sheet to the filing indicating notification requirements. that the submission is an open video (b) Certifications must be verified by system certification application. The an officer or director of the applicant, only wording on this cover sheet shall stating that, to the best of his or her be ‘‘Open Video System Certification information and belief, the representa- Application’’ and ‘‘Attention: Cable tions made therein are accurate. Services Bureau.’’ This wording shall

670

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00670 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1503

be located in the center of the page and Form 1275 to be a new proceeding and should be in letters at least 1⁄2 inch in any party who filed comments regard- size. Parties shall also include the ing the original FCC Form 1275 will words ‘‘open video systems’’ on their have to refile their original comments mailing envelope. if they think such comments should be (e)(1) Comments or oppositions to a considered in the subsequent pro- certification must be filed within five ceeding. calendar days of the Commission’s receipt of the certification and must be [61 FR 28708, June 5, 1996, as amended at 61 served on the party that filed the cer- FR 43175, Aug. 21, 1996; 62 FR 26238, May 13, tification. If, after making the nec- 1997; 63 FR 31934, June 11, 1998] essary calculations, the due date for § 76.1503 Carriage of video program- filing comments falls on a holiday, ming providers on open video sys- comments shall be filed on the next tems. business day before noon, unless the nearest business day precedes the fifth (a) Non-discrimination principle. Ex- calendar day following a filing, in cept as otherwise permitted in applica- which case the comments will be due ble law or in this part, an operator of on the preceding business day. For ex- an open video system shall not dis- ample, if the fifth day falls on a Satur- criminate among video programming day, then the filing would be due on providers with regard to carriage on its that preceding Friday. However, if the open video system, and its rates, terms fifth day falls on Sunday, then the fil- and conditions for such carriage shall ing will be due on the next day, Mon- be just and reasonable and not unjustly day, before noon (or Tuesday, before or unreasonably discriminatory. noon if the Monday is a holiday). (b) Demand for carriage. An operator (2) Parties wishing to respond to a of an open video system shall solicit FCC Form 1275 filing must submit com- and determine the level of demand for ments or oppositions with the Office of carriage on the system among poten- the Secretary and the Bureau Chief, tial video programming providers in a Cable Services Bureau. Comments will non-discriminatory manner. not be considered properly filed unless (1) Notification. An open video system filed with both of these Offices. Parties operator shall file with the Secretary are required to attach a cover sheet to of the Federal Communications Com- the filing indicating that the submis- mission a ‘‘Notice of Intent’’ to estab- sion is a pleading related to an open lish an open video system, which the video system application, the only Commission will release in a Public wording on this cover sheet shall be Notice. Parties are required to attach a ‘‘Open Video System Certification Ap- cover sheet to the filing indicating plication Comments.’’ This wording that the submission is an Open Video shall be located in the center of the System Notice of Intent. The only page and should be in letters at least 1⁄2 inch in size. Parties shall also include wording on this cover sheet shall be the words ‘‘open video systems’’ on ‘‘Open Video System Notice of Intent’’ their mailing envelopes. and ‘‘Attention: Cable Services Bu- (f) If the Commission does not dis- reau.’’ This wording shall be located in approve the certification application the center of the page and should be in within ten days after receipt of an ap- letters at least 1⁄2 inch in size. Parties plicant’s request, the certification ap- shall also include the words ‘‘open plication will be deemed approved. If video systems’’ on their mailing enve- disapproved, the applicant may file a lopes. Parties must submit copies of revised certification or refile its origi- the Notice of Intent with the Office of nal submission with a statement ad- the Secretary and the Bureau Chief, dressing the issues in dispute. Such re- Cable Services Bureau. The Notice of filings must be served on any objecting Intent shall include the following in- party or parties and on all local com- formation: munities in which the applicant in- (i) A heading clearly indicating that tends to operate. The Commission will the document is a Notice of Intent to consider any revised or refiled FCC establish an open video system;

671

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00671 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1503 47 CFR Ch. I (10–1–99 Edition)

(ii) The name, address and telephone whether to seek capacity on the open number of the open video system oper- video system, including what type of ator; customer premises equipment sub- (iii) A description of the system’s scribers will need to receive service; projected service area; (v) Any transmission or reception (iv) A description of the system’s pro- equipment needed by a video program- jected channel capacity, in terms of ming provider to interface successfully analog, digital and other type(s) of ca- with the open video system; and pacity upon activation of the system; (vi) The equipment available to fa- (v) A description of the steps a poten- cilitate the carriage of unaffiliated tial video programming provider must video programming and the electronic follow to seek carriage on the open form(s) that will be accepted for proc- video system, including the name, ad- essing and subsequent transmission dress and telephone number of a person through the system. to contact for further information; (3) Qualifications of video programming (vi) The starting and ending dates of providers. An open video system oper- the initial enrollment period for video ator may impose reasonable, non-dis- programming providers; criminatory requirements to assure (vii) The process for allocating the that a potential video programming system’s channel capacity, in the event provider is qualified to obtain capacity that demand for carriage on the system on the open video system. exceeds the system’s capacity; and (c) One-third limit. If carriage demand (viii) A certification that the operator has complied with all relevant no- by video programming providers ex- tification requirements under the Com- ceeds the activated channel capacity of mission’s open video system regula- the open video system, the operator of tions concerning must-carry and re- the open video system and its affiliated transmission consent (§ 76.1506), includ- video programming providers may not ing a list of all local commercial and select the video programming services non-commercial television stations for carriage on more than one-third of served, and a certificate of service the activated channel capacity on such showing that the Notice of Intent has system. been served on all local cable fran- (1) Measuring capacity. For purposes chising authorities entitled to estab- of this section: lish requirements concerning the des- (i) If an open video system carries ignation of channels for public, edu- both analog and digital signals, an cational and governmental use. open video system operator shall meas- (2) Information. An open video system ure analog and digital activated chan- operator shall provide the following in- nel capacity independently; formation to a video programming pro- (ii) Channels that an open video sys- vider within five business days of re- tem is required to carry pursuant to ceiving a written request from the pro- the Commission’s regulations con- vider, unless otherwise included in the cerning public, educational and govern- Notice of Intent: mental channels and must-carry chan- (i) The projected activation date of nels shall be included in ‘‘activated the open video system. If a system is to channel capacity’’ for purposes of cal- be activated in stages, the operator culating the one-third of such capacity should describe the respective stages on which the open video system oper- and the projected dates on which each ator and its affiliates are allowed to se- stage will be activated; lect the video programming for car- (ii) A preliminary carriage rate esti- riage. Such channels shall not be inmate; cluded in the one-third of capacity on (iii) The information a video pro- which the open video system operator gramming provider will be required to is permitted to select programming provide to qualify as a video program- where demand for carriage exceeds sys- ming provider, e.g., creditworthiness; tem capacity; (iv) Technical information that is (iii) Channels that an open video sys- reasonably necessary for potential tem operator carries pursuant to the video programming providers to assess Commission’s regulations concerning

672

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00672 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1503

retransmission consent shall be in- commencement. Open capacity shall be cluded in ‘‘activated channel capacity’’ allocated in accordance with this sec- for purposes of calculating the one- tion. Open capacity shall include all third of such capacity on which the capacity that becomes available during open video system operator and its af- the course of the three-year period, as filiates are allowed to select the video well as capacity in excess of one-third programming for carriage. Such chan- of the system’s activated channel ca- nels shall be included in the one-third pacity on which the operator of the of capacity on which the open video open video system or its affiliate se- system operator is permitted to select lects programming. An operator shall programming, where demand for car- maintain a file of qualified video pro- riage exceeds system capacity, to the gramming providers who have re- extent that the channels are carried as quested carriage or additional carriage part of the programming service of the since the previous allocation of capac- operator or its affiliate, subject to ity. Information regarding how a video paragraph (c)(1)(iv); and programming provider should apply for (iv) Any channel on which shared carriage must be made available upon programming is carried shall be in- request. cluded in ‘‘activated channel capacity’’ for purposes of calculating the one- NOTE 1 TO PARAGRAPH (c)(2)(ii): An open third of such capacity on which the video system operator will not be required to open video system operator and its af- comply with the regulations contained in this section if there is no open capacity to be filiates are allowed to select the video allocated at the end of the three year period. programming for carriage. Such chan- NOTE 2 TO PARAGRAPH (c)(2)(ii): An open nels shall be included in the one-third video system operator shall be required to of capacity on which the open video accommodate changes in obligations con- system operator is permitted to select cerning public, educational or governmental programming, where demand for car- channels or must-carry channels in accord- riage exceeds system capacity, to the ance with Sections 611, 614 and 615 of the extent the open video system operator Communications Act and the regulations or its affiliate is one of the video pro- contained in this part. gramming providers sharing such chan- (iii) Channel sharing. An open video nel. system operator may carry on only one NOTE TO PARAGRAPH (c)(1)(iv): For example, channel any video programming serv- if the open video system operator and two ice that is offered by more than one unaffiliated video programming providers video programming provider (including each carry a programming service that is the operator’s video programming affil- placed on a shared channel, the shared chan- iate), provided that subscribers have nel shall count as 0.33 channels against the ready and immediate access to any one-third amount of capacity allocable to such programming service. Nothing in the open video system operator, where demand for carriage exceeds system capacity. this section shall be construed to impair the rights of programming serv- (2) Allocating capacity. An operator of ices. an open video system shall allocate activated channel capacity through a NOTE 1 TO PARAGRAPH (c)(2)(iii): An open fair, open and non-discriminatory proc- video system operator may implement channel sharing only after it becomes apparent ess; the process must be insulated from that one or more video programming serv- any bias of the open video system oper- ices will be offered by multiple video pro- ator and verifiable. gramming providers. An open video system (i) If an open video system carries operator may not select, in advance of any both analog and digital signals, an duplication among video programming pro- open video system operator shall treat viders, which programming services shall be analog and digital capacity separately placed on shared channels. in allocating system capacity. NOTE 2 TO PARAGRAPH (c)(2)(iii): Each video (ii) Subsequent changes in capacity or programming provider offering a programming service that is carried on a shared demand. An open video system operator channel must have the contractual permis- must allocate open capacity, if any, at sion of the video programming service to least once every three years, beginning offer the service to subscribers. The place- three years from the date of service ment of a programming service on a shared

673

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00673 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1504 47 CFR Ch. I (10–1–99 Edition)

channel, however, is not subject to the ap- packaging is permissible among video proval of the video programming service or programming providers, but may not vendor. be a condition of carriage. Video pro- NOTE 3 TO PARAGRAPH (c)(2)(iii): Ready and gramming providers may freely elect immediate access in this context means that the channel sharing is ‘‘transparent’’ to sub- whether to enter into co-packaging ar- scribers. rangements. (iv) Open video system operator discre- NOTE TO PARAGRAPH (c)(3): Any video pro- tion. Notwithstanding the foregoing, an gramming provider on an open video system operator of an open video system may: may co-package video programming that is selected by itself, an affiliated video pro- (A) Require video programming programming provider and/or unaffiliated video viders to request and obtain system ca- programming providers on the system. pacity in increments of no less than one full-time channel; however, an op- [61 FR 28708, June 5, 1996, as amended at 61 erator of an open video system may not FR 43176, Aug. 21, 1996; 62 FR 26239, May 13, require video programming providers 1997] to obtain capacity in increments of § 76.1504 Rates, terms and conditions more than one full-time channel; for carriage on open video systems. (B) Limit video programming providers from selecting the programming (a) Reasonable rate principle. An open on more capacity than the amount of video system operator shall set rates, capacity on which the system operator terms, and conditions for carriage that and its affiliates are selecting the pro- are just and reasonable, and are not gramming for carriage; and unjustly or unreasonably discrimina- (v) Notwithstanding the general pro- tory. hibition on an open video system oper- (b) Differences in rates. (1) An open ator’s discrimination among video pro- video system operator may charge dif- gramming providers contained in para- ferent rates to different classes of video graph (a) of this section, a competing, programming providers, provided that the in-region cable operator or its affil- bases for such differences are not unjust iate(s) that offers cable service to sub- or unreasonably discriminatory. scribers located in the service area of (2) An open video system operator an open video system shall not be enti- shall not impose different rates, terms, tled to obtain capacity on such an open or conditions based on the content of video system, except: the programming to be offered by any (A) Where the operator of an open unaffiliated video programming pro- video system determines that granting vider. access to the competing, in-region (c) Just and reasonable rate presump- cable operator is in its interests; or tion. A strong presumption will apply (B) Where a showing is made that fa- that carriage rates are just and reason- cilities-based competition will not be able for open video system operators significantly impeded. where at least one unaffiliated video programming provider, or unaffiliated NOTE TO PARAGRAPH (c)(2)(v)(B): The Com- programming providers as a group, oc- mission finds that facilities-based competi- cupy capacity equal to the lesser of tion will not be significantly impeded, for one-third of the system capacity or example, where: (1) The competing, in-region cable operator that occupied by the open video system and affiliated systems offer service to less operator and its affiliates, and where than 20% of the households passed by the any rate complained of is no higher open video system; and than the average of the rates paid by (2) The competing, in-region cable operator unaffiliated programmers receiving and affiliated systems provide cable service carriage from the open video system to a total of less than 17,000 subscribers with- operator. in the open video system’s service area. (d) Examination of rates. Complaints (3) Nothing in this paragraph shall be regarding rates shall be limited to construed to limit the number of chan- video programming providers that have nels that the open video system oper- sought carriage on the open video sys- ator and its affiliates, or another video tem. If a video programming provider programming provider, may offer to files a complaint against an open video provide directly to subscribers. Co- system operator meeting the above

674

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00674 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1505

just and reasonable rate presumption, ming and packaging flows from the the burden of proof will rest with the independent program provider, who complainant. If a complaint is filed bears the cost. The open video system against an open video system operator operator avoids programming and that does not meet the just and reason- packaging costs, including profits. able rate presumption, the open video These avoided costs should not be re- system operator will bear the burden of flected in the price charged an inde- proof to demonstrate, using the prin- pendent program provider for carriage. ciples set forth below, that the carriage The imputed rate also seeks to recog- rates subject to the complaint are just nize the loss of subscribers to the open and reasonable. video system operator’s programming (e) Determining just and reasonable package resulting from carrying com- rates subject to complaints pursuant to peting programming. the imputed rate approach or other mar- NOTE TO PARAGRAPH (e)(1): Examples of spe- ket based approach. Carriage rates sub- cific ‘‘avoided costs’’ include: ject to complaint shall be found just (1) All amounts paid to studios, syn- and reasonable if one of the two fol- dicators, networks or others, including but lowing tests are met: not limited to payments for programming (1) The imputed rate will reflect what and all related rights; the open video system operator, or its (2) Packaging, including marketing and other fees; affiliate, ‘‘pays’’ for carriage of its own (3) Talent fees; and programming. Use of this approach is (4) A reasonable overhead allowance for af- appropriate in circumstances where the filiated video service support. pricing is applicable to a new market (2) An open video system operator entrant (the open video system oper- can demonstrate that its carriage serv- ator) that will face competition from ice rates are just and reasonable an existing incumbent provider (the in- through other market based ap- cumbent cable operator), as opposed to proaches. circumstances where the pricing is used to establisha rate for an essential [61 FR 28708, June 5, 1996, as amended at 61 input service that is charged to a com- FR 43176, Aug. 21, 1996] peting new entrant by an incumbent EFFECTIVE DATE NOTE: At 61 FR 43176, Aug. provider. With respect to new market 21, 1996, in § 76.1504, paragraph (e) was re- entrants, an efficient component pric- vised. This amendment contains information ing model will produce rates that en- collection and recordkeeping requirements and will not become effective until approval courage market entry. If the carriage has been given by the Office of Management rate to an unaffiliated program pro- and Budget. vider surpasses what an operator earns from carrying its own programming, § 76.1505 Public, educational and gov- the rate can be presumed to exceed a ernmental access. just and reasonable level. An open (a) An open video system operator video system operator’s price to its shall be subject to public, educational subscribers will be determined by sev- and governmental access requirements eral separate costs components. One for every cable franchise area with general category are those costs re- which its system overlaps. lated to the creative development and (b) An open video system operator production of programming. A second must ensure that all subscribers re- category are costs associated with ceive any public, educational and gov- packaging various programs for the ernmental access channels within the open video system operator’s offering. subscribers’ franchise area. A third category related to the infra- (c) An open video system operator structure or engineering costs identi- may negotiate with the local cable fied with building and maintaining the franchising authority of the jurisdic- open video system. Contained in each tion(s) which the open video system is a profit allowance attributed to the serves to establish the open video sys- economic value of each component. tem operator’s obligations with respect When an open video system operator to public, educational and govern- provides only carriage through its in- mental access channel capacity, serv- frastructure, however, the program- ices, facilities and equipment. These

675

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00675 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1505 47 CFR Ch. I (10–1–99 Edition)

negotiations may include the local operator to connect with its public, cable operator if the local franchising educational and governmental access authority, the open video system oper- channel feeds. The open video system ator and the cable operator so desire. operator and the cable operator may (d) If an open video system operator decide how to accomplish this connec- and a local franchising authority are tion, taking into consideration the unable to reach an agreement regard- exact physical and technical cir- ing the open video system operator’s cumstances of the cable and open video obligations with respect to public, edu- systems involved. If the cable and open cational and governmental access video system operator cannot agree on channel capacity, services, facilities how to accomplish the connection, the and equipment within the local fran- local franchising authority may decide. chising authority’s jurisdiction: The local franchising authority may (1) The open video system operator require that the connection occur on must satisfy the same public, edu- government property or on public cational and governmental access obli- rights of way. gations as the local cable operator by (4) The costs of connection to the providing the same amount of channel cable operator’s public, educational capacity for public, educational and and governmental access channel feed governmental access and by matching shall be borne by the open video sys- the local cable operator’s annual finan- tem operator. Such costs shall be cial contributions towards public, edu- counted towards the open video system cational and governmental access serv- operator’s matching financial con- ices, facilities and equipment that are tributions set forth in paragraph (d)(4) actually used for public, educational of this section. and governmental access services, facilities and equipment. For in-kind (5) The local franchising authority contributions (e.g., cameras, produc- may not impose public, educational tion studios), the open video system and governmental access obligations operator may satisfy its statutory obli- on the open video system operator that gation by negotiating mutually agree- would exceed those imposed on the able terms with the local cable oper- local cable operator. ator, so that public, educational and (6) Where there is no existing local governmental access services to the cable operator, the open video system community is improved or increased. If operator must make a reasonable such terms cannot be agreed upon, the amount of channel capacity available open video system operator must pay for public, educational and govern- the local franchising authority the mental use, as well as provide reason- monetary equivalent of the local cable able support for services, facilities and operator’s depreciated in-kind con- equipment relating to such public, edu- tribution, or, in the case of facilities, cational and governmental use. If a the annual amortization value. Any franchise agreement previously existed matching contributions provided by in that franchise area, the local fran- the open video system operator must chising authority may elect either to be used to fund activities arising under impose the previously existing public, Section 611 of the Communications educational and governmental access Act. obligations or determine the open (2) The local franchising authority video system operator’s public, edu- shall impose the same rules and proce- cational and governmental access obli- dures on an open video system operator gations by comparison to the franchise as it imposes on the local cable oper- agreement for the nearest operating ator with regard to the open video sys- cable system that has a commitment tem operator’s use of channel capacity to provide public, educational and gov- designated for public, educational and ernmental access and that serves a governmental access use when such ca- franchise area with a similar popu- pacity is not being used for such pur- lation size. The local franchising au- poses. thority shall be permitted to make a (3) The local cable operator is re- similar election every 15 years there- quired to permit the open video system after. Absent a previous franchise

676

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00676 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1506

agreement, the open video system oper- over any public, educational, or gov- ator shall be required to provide chan- ernmental use of channel capacity pro- nel capacity, services, facilities and vided pursuant to this subsection, pro- equipment relating to public, edu- vided, however, that any open video cational and governmental access system operator may prohibit the use equivalent to that prescribed in the on its system of any channel capacity franchise agreement(s) for the nearest of any public, educational, or govern- operating cable system with a commit- mental facility for any programming ment to provide public, educational which contains nudity, obscene mate- and governmental access and that rial, indecent material as defined in serves a franchise area with a similar § 76.701(g), or material soliciting or pro- population size. moting unlawful conduct. For purposes of this section, ‘‘material soliciting or NOTE TO PARAGRAPH (d)(6): This paragraph shall apply, for example, if a cable operator promoting unlawful conduct’’ shall converts its cable system to an open video mean material that is otherwise pro- system under § 76.1501. scribed by law. An open video system operator may require any access user, (7) The open video system operator or access manager or administrator must adjust its system(s) to comply agreeing to assume the responsibility with new public, educational and gov- of certifying, to certify that its pro- ernmental access obligations imposed gramming does not contain any of the by a cable franchise renewal; provided, materials described above and that rea- however, that an open video system op- sonable efforts will be used to ensure erator will not be required to displace other programmers using its open that live programming does not con- video system to accommodate public, tain such material. educational and governmental access [61 FR 28708, June 5, 1996, as amended at 61 channels. The open video system oper- FR 43176, Aug. 21, 1996] ator shall comply with such public, EFFECTIVE DATE NOTE: At 61 FR 43176, Aug. educational and governmental access 21, 1996, in § 76.1505, paragraphs (d)(1), (4), (6) obligations whenever additional capac- and (8) were revised. This amendment con- ity is or becomes available, whether it tains information collection and record- is due to increased channel capacity or keeping requirements and will not become decreased demand for channel capac- effective until approval has been given by ity. the Office of Management and Budget. (8) The open video system operator § 76.1506 Carriage of television broad- and/or the local franchising authority cast signals. may file a complaint with the Commis- sion, pursuant to our dispute resolu- (a) The provisions of Subpart D shall tion procedures set forth in § 76.1514, if apply to open video systems in accord- the open video system operator and the ance with the provisions contained in local franchising authority cannot this subpart. agree as to the application of the Com- (b) For the purposes of this Subpart mission’s rules regarding the open S, television stations are significantly video system operator’s public, edu- viewed when they are viewed in house- cational and governmental access obli- holds that do not receive television sig- gations under paragraph (d) of this sec- nals from multichannel video program- tion. ming distributors as follows: (e) If an open video system operator (1) For a full or partial network sta- maintains an institutional network, as tion—a share of viewing hours of at defined in Section 611(f) of the Commu- least 3 percent (total week hours), and nications Act, the local franchising au- a net weekly circulation of at least 25 thority may require that educational percent; and and governmental access channels be (2) For an independent station—a designated on that institutional net- share of viewing hours of at least 2 per- work to the extent such channels are cent (total week hours), and a net designated on the institutional net- weekly circulation of at least 5 per- work of the local cable operator. cent. See § 76.1506(c). (f) An open video system operator NOTE TO PARAGRAPH (b): As used in this shall not exercise any editorial control paragraph, ‘‘share of viewing hours’’ means

677

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00677 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1506 47 CFR Ch. I (10–1–99 Edition)

the total hours that households that do not (e) Signal carriage obligations. Any receive television signals from multichannel provision of § 76.56 that refers to a video programming distributors viewed the ‘‘cable television system’’ or ‘‘cable subject station during the week, expressed as system’’ shall apply to an open video a percentage of the total hours these house- system. Any provision of § 76.56 that re- holds viewed all stations during the period, and ‘‘net weekly circulation’’ means the fers to a ‘‘cable operator’’ shall apply number of households that do not receive to an open video system operator. Sec- television signals from multichannel video tion 76.56(d)(2) shall apply to open programming distributors that viewed the video systems as follows: An open video station for 5 minutes or more during the en- system operator shall make available tire week, expressed as a percentage of the to every subscriber of the open video total households that do not receive tele- system all qualified local commercial vision signals from multichannel video pro- television stations and all qualified gramming distributors in the survey area. non-commercial educational television (c) Significantly viewed signals; method stations carried in fulfillment of its to be followed for special showings. Any carriage obligations under this section. provision of § 76.54 that refers to a (f) Channel positioning. Open video ‘‘cable television community’’ or system operators shall comply with the ‘‘cable community or communities’’ provisions of § 76.57 to the closest ex- shall apply to an open video system tent possible. Any provision of § 76.57 community or communities. Any pro- that refers to a ‘‘cable operator’’ shall vision of § 76.54 that refers to ‘‘non- apply to an open video system oper- cable television homes’’ shall apply to ator. Any provision of § 76.57 that refers households that do not receive tele- to a ‘‘cable system’’ shall apply to an vision signals from multichannel video open video system, except the ref- programming distributors. Any provi- erences to ‘‘cable system’’ in § 76.57(d) sion of § 76.54 that refers to a ‘‘cable which shall apply to an open video system operator. television system’’ shall apply to an (g) Notification. Any provision of open video system. § 76.58 that refers to a ‘‘cable operator’’ (d) Definitions applicable to the must- shall apply to an open video system op- carry rules. Section 76.55 shall apply to erator. Any provision of § 76.58 that re- all open video systems in accordance fers to a ‘‘cable system’’ shall apply to with the provisions contained in this an open video system. Any provision of section. Any provision of § 76.55 that re- § 76.58 that refers to a ‘‘principal fers to a ‘‘cable system’’ shall apply to headend’’ shall apply to the equivalent an open video system. Any provision of of the principal headend for an open § 76.55 that refers to a ‘‘cable operator’’ video system. shall apply to an open video system op- (h) Modification of television markets. erator. Any provision of § 76.55 that re- Any provision of § 76.59 that refers to a fers to the ‘‘principal headend’’ of a ‘‘cable system’’ shall apply to an open cable system as defined in § 76.5(pp) video system. Any provision of § 76.59 shall apply to the equivalent of the that refers to a ‘‘cable operator’’ shall principal headend of an open video sys- apply to an open video system oper- tem. Any provision of § 76.55 that refers ator. to a ‘‘franchise area’’ shall apply to the (i) Compensation for carriage. Any pro- service area of an open video system. vision of § 76.60 that refers to a ‘‘cable The provisions of § 76.55 that permit operator’’ shall apply to an open video cable operators to refuse carriage of system operator. Any provision of signals considered distant signals for § 76.60 that refers to a ‘‘cable system’’ copyright purposes shall not apply to shall apply to an open video system. open video system operators. If an open Any provision of § 76.60 that refers to a video system operator cannot limit its ‘‘principal headend’’ shall apply to the distribution of must-carry signals to equivalent of the principal headend for the local service area of broadcast sta- an open video system. tions as used in 17 U.S.C. 111(d), it will (j) Disputes concerning carriage. Any be liable for any increase in copyright provision of § 76.61 that refers to a fees assessed for distant signal carriage ‘‘cable operator’’ shall apply to an open under 17 U.S.C. 111. video system operator. Any provision

678

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00678 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1506

of § 76.61 that refers to a ‘‘cable sys- (2) Notification of programming to be tem’’ shall apply to an open video sys- deleted pursuant to this section shall tem. Any provision of § 76.61 that refers be served on the open video system op- to a ‘‘principal headend’’ shall apply to erator. The open video system operator the equivalent of the principal headend shall make all notifications imme- for an open video system. diately available to the appropriate (k) Manner of carriage. Any provision video programming providers on its of § 76.62 that refers to a ‘‘cable oper- open video system. Operators may ef- ator’’ shall apply to an open video sys- fect the deletion of signals for which tem operator. they have received deletion notices un- (l) Retransmission consent. Section less they receive notice within a rea- 76.64 shall apply to open video systems sonable time from the appropriate pro- in accordance with the provisions con- gramming provider that the rights tained in this paragraph. claimed are invalid. The open video (1) Any provision of § 76.64 that refers system operator shall not delete sig- to a ‘‘cable system’’ shall apply to an nals for which it has received notice open video system. Any provision of from the programming provider that § 76.64 that refers to a ‘‘cable operator’’ the rights claimed are invalid. An open shall apply to an open video system op- video system operator shall be subject erator. to sanctions for any violation of this (2) Must-carry/retransmission con- subpart. An open video system oper- sent election notifications shall be sent ator may require indemnification as a to the open video system operator. An condition of carriage for any sanctions open video system operator shall make it may incur in reliance on a program- all must-carry/retransmission consent mer’s claim that certain exclusive or election notifications received avail- non-duplication rights are invalid. able to the appropriate programming (n) Exemption from input selector providers on its system. switch rules. Any provision of § 76.70 (3) Television broadcast stations are that refers to a ‘‘cable system’’ or required to make the same election for ‘‘cable systems’’ shall apply to an open open video systems and cable systems video system or open video systems. serving the same geographic area, un- (o) Special relief and must-carry com- less the overlapping open video system plaint procedures. The procedures set is unable to deliver appropriate signals forth in § 76.7 shall apply to special re- in conformance with the broadcast sta- lief and must-carry complaints relat- tion’s elections for all cable systems ing to open video systems, and not the serving the same geographic area. procedures set forth in § 76.1514 (Dis- (4) An open video system compute resolution). Any provision of § 76.7 mencing new operations shall notify all that refers to a ‘‘cable television sys- local commercial and noncommercial tem operator’’ or ‘‘cable operator’’ broadcast stations as required under shall apply to an open video system op- paragraph (l) of this section on or be- erator. Any provision of § 76.7 that re- fore the date on which it files with the fers to a ‘‘cable television system’’ Commission its Notice of Intent to es- shall apply to an open video system. tablish an open video system. Any provision of § 76.7 that refers to a (m) Sports broadcast. Section 76.67 ‘‘system community unit’’ shall apply shall apply to open video systems in to an open video system or that por- accordance with the provisions con- tion of an open video system that oper- tained in this paragraph. ates or will operate within a separate (1) Any provisions of § 76.67 that re- and distinct community or municipal fers to a ‘‘community unit’’ shall apply entity (including unincorporated com- to an open video system or that por- munities within unincorporated areas tion of an open video system that oper- and including single, discrete unincor- ates or will operate within a separate porated areas). and distinct community or municipal entity (including unincorporated com- [61 FR 28708, June 5, 1996, as amended at 61 munities within unincorporated areas FR 43177, Aug. 21, 1996] and including single, discrete unincor- EFFECTIVE DATE NOTE: At 61 FR 43177, Aug. porated areas). 21, 1996, in § 76.1506, paragraphs (d), (l)(3) and

679

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00679 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1507 47 CFR Ch. I (10–1–99 Edition)

(m)(2) were revised. This amendment con- terest, as follows: No open video sys- tains information collection and record- tem operator or its affiliate that pro- keeping requirements and will not become vides video programming on its open effective until approval has been given by the Office of Management and Budget. video system shall enter into any exclusive contracts, or engage in any § 76.1507 Competitive access to sat- practice, activity or arrangement tan- ellite cable programming. tamount to an exclusive contract, for (a) Any provision that applies to a satellite cable programming or sat- cable operator under §§ 76.1000 through ellite broadcast programming with a 76.1003 shall also apply to an operator satellite cable programming vendor in of an open video system and its affil- which an open video system operator iate which provides video programming has an attributable interest or a sat- on its open video system, except as ellite broadcast programming vendor, limited by paragraph (a) (1)–(3) of this unless the Commission determines in section. Any such provision that ap- accordance with § 76.1002(c)(4) that such plies to a satellite cable programming a contract, practice, activity or ar- vendor in which a cable operator has rangement is in the public interest. an attributable interest shall also (3) Section 76.1002(c)(3) (i) through (ii) apply to any satellite cable program- shall only restrict the conduct of an ming vendor in which an open video open video system operator, its affil- system operator has an attributable in- iate that provides video programming terest, except as limited by paragraph (a) (1)–(3) of this section. on its open video system and a satellite (1) Section 76.1002(c)(1) shall only re- cable programming vendor in which an strict the conduct of an open video sys- open video system operator has an at- tem operator, its affiliate that provides tributable interest, as follows: video programming on its open video (i) Unserved areas. No open video sys- system and a satellite cable program- tem operator shall enter into any sub- ming vendor in which an open video distribution agreement or arrangement system operator has an attributable infor satellite cable programming or sat- terest, as follows: No open video sys- ellite broadcast programming with a tem operator or its affiliate that pro- satellite cable programming vendor in vides video programming on its open which an open video system operator video system shall engage in any prac- has an attributable interest or a sat- tice or activity or enter into any un- ellite broadcast programming vendor derstanding or arrangement, including in which an open video system operator exclusive contracts, with a satellite has an attributable interest for dis- cable programming vendor or satellite tribution to persons in areas not served broadcast programming vendor for sat- by a cable operator as of October 5, ellite cable programming or satellite 1992. broadcast programming that prevents (ii) Served areas. No open video sys- a multichannel video programming dis- tem operator shall enter into any sub- tributor from obtaining such program- distribution agreement or arrangement ming from any satellite cable program- for satellite cable programming or sat- ming vendor in which an open video system operator has an attributable in- ellite broadcast programming with a terest, or any satellite broadcasting satellite cable programming vendor in vendor in which an open video system which an open video system operator operator has an attributable interest has an attributable interest or a sat- for distribution to person in areas not ellite broadcast programming vendor served by a cable operator as of Octo- in which an open video system operator ber 5, 1992. has an attributable interest, with re- (2) Section 76.1002(c)(2) shall only respect to areas served by a cable oper- strict the conduct of an open video sys- ator, unless such agreement or ar- tem operator, its affiliate that provides rangement complies with the limita- video programming on its open video tions set forth in § 76.1002(c)(3)(iii). system and a satellite cable program- (b) No open video system programming vendor in which an open video ming provider in which a cable oper- system operator has an attributable in- ator has an attributable interest shall:

680

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00680 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1509

(1) Engage in any practice or activity television system operator’’ shall apply or enter into any understanding or ar- to an open video system operator. Any rangement, including exclusive con- provision of § 76.94 that refers to a tracts, with a satellite cable program- ‘‘cable system’’ or ‘‘cable television ming vendor or satellite broadcast pro- system’’ shall apply to an open video gramming vendor for satellite cable system except § 76.94 (e) and (f) which programming or satellite broadcast shall apply to an open video system op- programming that prevents a multi- erator. Open video system operators channel video programming distributor shall make all notifications and infor- from obtaining such programming from mation regarding the exercise of net- any satellite cable programming ven- work non-duplication rights imme- dor in which a cable operator has an diately available to all appropriate attributable interest, or any satellite video programming provider on the broadcasting vendor in which a cable system. An open video system operator operator has an attributable interest shall not be subject to sanctions for for distribution to person in areas not any violation of these rules by an unaf- served by a cable operator as of Octo- filiated program supplier if the oper- ber 5, 1992. ator provided proper notices to the pro- (2) Enter into any exclusive con- gram supplier and subsequently took tracts, or engage in any practice, activ- prompt steps to stop the distribution of ity or arrangement tantamount to an the infringing program once it was no- exclusive contract, for satellite cable tified of a violation. programming or satellite broadcast (d) Any provision of § 76.95 that refers programming with a satellite cable to a ‘‘cable system’’ or a ‘‘cable com- programming vendor in which a cable munity unit’’ shall apply to an open operator has an attributable interest video system or that portion of an open or a satellite broadcast programming video system that operates or will op- vendor, unless the Commission deter- erate within a separate and distinct mines in accordance with Section community or municipal entity (in- 76.1002(c)(4) that such a contract, prac- cluding unincorporated communities tice, activity or arrangement is in the within unincorporated areas and in- public interest. cluding single, discrete unincorporated areas). § 76.1508 Network non-duplication. (a) Sections 76.92 through 76.97 shall § 76.1509 Syndicated program exclu- apply to open video systems in accord- sivity. ance with the provisions contained in (a) Sections 76.151 through 76.163 this section. shall apply to open video systems in (b) Any provision of § 76.92 that refers accordance with the provisions con- to a ‘‘cable community unit’’ or ‘‘com- tained in this section. munity unit’’ shall apply to an open (b) Any provision of § 76.151 that re- video system or that portion of an open fers to a ‘‘cable community unit’’ shall video system that operates or will op- apply to an open video system. erate within a separate and distinct (c) Any provision of § 76.155 that re- community or municipal entity (in- fers to a ‘‘cable system operator’’ or cluding unincorporated communities ‘‘cable television system operator’’ within unincorporated areas and in- shall apply to an open video system op- cluding single, discrete unincorporated erator. Any provision of § 76.155 that re- areas). Any provision of § 76.92 that refers to a ‘‘cable system’’ or ‘‘cable tele- fers to a ‘‘cable television community’’ vision system’’ shall apply to an open shall apply to an open video system video system except § 76.155(c) which community. Any provision of § 76.92 shall apply to an open video system op- that refers to a ‘‘cable television sys- erator. Open video system operators tem’s mandatory signal carriage obli- shall make all notifications and infor- gations’’ shall apply to an open video mation regarding exercise of syn- system’s mandatory signal carriage ob- dicated program exclusivity rights im- ligations. mediately available to all appropriate (c) Any provision of § 76.94 that refers video programming provider on the to a ‘‘cable system operator’’ or ‘‘cable system. An open video system operator

681

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00681 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1510 47 CFR Ch. I (10–1–99 Edition)

shall not be subject to sanctions for other governmental entity, in lieu of any violation of these rules by an unaf- the franchise fees permitted under Sec- filiated program supplier if the oper- tion 622 of the Communications Act. ator provided proper notices to the pro- Local governments shall have the au- gram supplier and subsequently took thority to assess and receive the gross prompt steps to stop the distribution of revenue fee. Gross revenues under this the infringing program once it was no- paragraph means all gross revenues re- tified of a violation. ceived by an open video system oper- (d) Any provision of § 76.156 that re- ator or its affiliates, including all reve- fers to a ‘‘cable community’’ shall nues received from subscribers and all apply to an open video system commu- carriage revenues received from unaf- nity. Any provision of § 76.156 that re- filiated video programming providers. fers to a ‘‘cable community unit’’ or In addition gross revenues under this ‘‘community unit’’ shall apply to an paragraph includes any advertising open video system or that portion of an revenues received by an open video sys- open video system that operates or will tem operator or its affiliates in connec- operate within a separate and distinct community or municipal entity (in- tion with the provision of video pro- cluding unincorporated communities gramming, where such revenues are in- within unincorporated areas and included in the calculation of the incum- cluding single, discrete unincorporated bent cable operator’s cable franchise areas). Any provision of §§ 76.156 fee. Gross revenues does not include through 76.158, and 76.163 that refers to revenues collected by unaffiliated a ‘‘cable system’’ shall apply to an video programming providers, such as open video system. subscriber or advertising revenues. Any (e) Any provision of § 76.159 that re- gross revenues fee that the open video fers to ‘‘cable television’’ or a ‘‘cable system operator or its affiliate collects system’’ shall apply to an open video from subscribers or video programming system. providers shall be excluded from gross (f) Any provision of § 76.161 that re- revenues. An operator of an open video fers to a ‘‘community unit’’ shall apply system or any programming provider to an open video system or that por- may designate that portion of a sub- tion of an open video system that is af- scriber’s bill attributable to the fee as fected by this rule. a separate item on the bill. An operator of an open video system may re- § 76.1510 Application of certain Title cover the gross revenue fee from pro- VI provisions. gramming providers on a proportional The following sections within Part 76 basis as an element of the carriage shall also apply to open video systems: rate. §§ 76.71, 76.73, 76.75, 76.77 and 76.79 (Equal Employment Opportunity Re- [61 FR 43177, Aug. 21, 1996] quirements); §§ 76.503 and 76.504 (owner- EFFECTIVE DATE NOTE: At 61 FR 43177, Aug. ship restrictions); § 76.981 (negative op- 21, 1996, § 76.1511 was revised. This section tion billing); and §§ 76,1300, 76.1301 and contains information collection and record- 76.1302 (regulation of carriage agree- keeping requirements and will not become ments); provided, however, that these effective until approval has been given by sections shall apply to open video sys- the Office of Management and Budget. tems only to the extent that they do § 76.1512 Programming information. not conflict with this subpart S. Sec- tion 631 of the Communications Act (a) An open video system operator (subscriber privacy) shall also apply to shall not unreasonably discriminate in open video systems. favor of itself or its affiliates with regard to material or information (in- § 76.1511 Fees. cluding advertising) provided by the An open video system operator may operator to subscribers for the purpose be subject to the payment of fees on of selecting programming on the open the gross revenues of the operator for video system, or in the way such mate- the provision of cable service imposed rial or information is provided to sub- by a local franchising authority or scribers.

682

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00682 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 76.1513

NOTE TO PARAGRAPH (a): ‘‘Material or infor- subject to the requirements of Section mation’’ as used in paragraph (a) of this sec- 653(b)(1)(E) of the Communications tion means material or information that a Act. subscriber uses to actively select programming at the point of program selection. (c) An open video system operator shall ensure that video programming (b) In accordance with paragraph (a) providers or copyright holders (or both) of this section: are able to suitably and uniquely iden- (1) An open video system operator tify their programming services to sub- shall not discriminate in favor of itself scribers. or its affiliate on any navigational device, guide or menu; (d) An open video system operator (2) An open video system operator shall transmit programming identifica- shall not omit television broadcast station without change or alteration if tions or other unaffiliated video pro- such identification is transmitted as gramming services carried on the open part of the programming signal. video system from any navigational de- [61 FR 28708, June 5, 1996, as amended at 61 vice, guide (electronic or paper) or FR 43177, Aug. 21, 1996] menu; (3) An open video system operator EFFECTIVE DATE NOTE: At 61 FR 43177, Aug. shall not restrict a video programming 21, 1996, in § 76.1512, paragraphs (b), (c) and (d) were revised. This amendment contains in- provider’s ability to use part of the formation collection and recordkeeping re- provider’s channel capacity to provide quirements and will not become effective an individualized guide or menu to the until approval has been given by the Office of provider’s subscribers; Management and Budget. (4) Where an open video system operator provides no navigational device, § 76.1513 Open video dispute resolu- guide or menu, its affiliate’s navigation. tional device, guide or menu shall be (a) Complaints. Any party aggrieved subject to the requirements of Section by conduct that it believes constitute a 653(b)(1)(E) of the Communications violation of the regulations set forth in Act; this part or in section 653 of the Com- (5) An open video system operator may permit video programming pro- munications Act (47 U.S.C. 573) may viders, including its affiliate, to de- commence an adjudicatory proceeding velop and use their own navigational at the Commission to obtain enforce- devices. If an open video system oper- ment of the rules through the filing of ator permits video programming pro- a complaint. The Commission shall re- viders, including its affiliate, to de- solve any such dispute within 180 days velop and use their own navigational after the filing of a complaint. The devices, the operator must create an complaint shall be filed and responded electronic menu or guide that all video to in accordance with the procedures programming providers must carry specified in § 76.7 of this part with the containing a non-discriminatory list- following additions or changes. ing of programming providers or pro- (b) Alternate dispute resolution. An gramming services available on the open video system operator may not system and informing the viewer how provide in its carriage contracts with to obtain additional information on programming providers that any dis- each of the services listed; pute must be submitted to arbitration, (6) An open video system operator mediation, or any other alternative must grant access, for programming method for dispute resolution prior to providers that do not wish to use their submission of a complaint to the Com- own navigational device, to the naviga- mission. tional device used by the open video (c) Notice required prior to filing of system operator or its affiliate; and (7) If an operator provides an elec- complaint. Any aggrieved party intend- tronic guide or menu that complies ing to file a complaint under this sec- with paragraph (b)(5) of this section, tion must first notify the potential de- its programming affiliate may create fendant open video system operator its own menu or guide without being that it intends to file a complaint with

683

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00683 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 76.1513 47 CFR Ch. I (10–1–99 Edition)

the Commission based on actions al- references to the relevant provisions leged to violate one or more of the pro- therein. visions contained in this part or in Sec- (4) The complaint must be accom- tion 653 of the Communications Act. panied by appropriate evidence dem- The notice must be in writing and onstrating that the required notifica- must be sufficiently detailed so that its tion pursuant to paragraph (c) of this recipient(s) can determine the specific section has been made. nature of the potential complaint. The (e) Answer. potential complainant must allow a (1) Any open video system operator minimum of ten (10) days for the poten- upon which a complaint is served under tial defendant(s) to respond before fil- this section shall answer within thirty ing a complaint with the Commission. (30) days of service of the complaint, (d) Contents of complaint. In addition unless otherwise directed by the Com- to the requirements of § 76.7 of this mission. part, an open video system complaint (2) An answer to a discrimination shall contain: complaint shall state the reasons for (1) The type of entity that describes any differential in prices, terms or con- complainant (e.g., individual, private ditions between the complainant and association, partnership, or corpora- its competitor, and shall specify the tion), the address and telephone num- particular justification relied upon in ber of the complainant, and the address support of the differential. Any docu- and telephone number of each defend- ments or contracts submitted pursuant ant; to this paragraph may be protected as (2) If discrimination in rates, terms, proprietary pursuant to § 76.9 of this and conditions of carriage is alleged, part. documentary evidence shall be sub- (f) Reply. Within twenty (20) days mitted such as a preliminary carriage after service of an answer, the com- rate estimate or a programming con- plainant may file and serve a reply tract that demonstrates a differential which shall be responsive to matters in price, terms or conditions between contained in the answer and shall not complainant and a competing video contain new matters. programming provider or, if no pro- (g) Time limit on filing of complaints. gramming contract or preliminary car- Any complaint filed pursuant to this riage rate estimate is submitted with subsection must be filed within one the complaint, an affidavit signed by year of the date on which one of the an officer of complainant alleging that following events occurs a differential in price, terms or condi- (1) The open video system operator tions exists, a description of the nature enters into a contract with the com- and extent (if known or reasonably es- plainant that the complainant alleges timated by the complainant) of the dif- to violate one or more of the rules con- ferential, together with a statement tained in this part; or that defendant refused to provide any (2) The open video system operator further specific comparative informa- offers to carry programming for the tion; complainant pursuant to terms that the complainant alleges to violate one NOTE TO PARAGRAPH (D)(2): Upon request by a complainant, the preliminary carriage rate or more of the rules contained in this estimate shall include a calculation of the part, and such offer to carry program- average of the carriage rates paid by the un- ming is unrelated to any existing con- affiliated video programming providers re- tract between the complainant and the ceiving carriage from the open video system open video system operator; or operator, including the information needed (3) The complainant has notified an for any weighting of the individual carriage open video system operator that it in- rates that the operator has included in the tends to file a complaint with the Com- average rate. mission based on a request for such op- (3) If a programming contract or a erator to carry the complainant’s pro- preliminary carriage rate estimate is gramming on its open video system submitted with the complaint in sup- that has been denied or port of the alleged violation, specific unacknowledged, allegedly in violation

684

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00684 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 76, Index

of one or more of the rules contained in Boundaries, TV markets ...... 76.53 this part. Broadcast, Sports ...... 76.67 Broadcast station, TV ...... 76.5 (h) Remedies for violations—(1) Rem- edies authorized. Upon completion of C such adjudicatory proceeding, the Cable TV channel: Classes I, II, III, IV ...... 76.5 Cablecasting ...... 76.5 Commission shall order appropriate CATV basic signal leakage performance criteria 76.611 remedies, including, if necessary, the CATV system ...... 76.5 requiring carriage, awarding damages CATV system interference ...... 76.613 Candidates for public office, Cablecast by ...... 76.205 to any person denied carriage, or any Carriage disputes ...... 76.58 combination of such sanctions. Such Carriage, mandatory, Expiration of ...... 76.64 order shall set forth a timetable for Carriage, Manner of ...... 76.62 Carriage of other TV signals ...... 76.60 compliance, and shall become effective Carriage of TV stations, Mandatory ...... 76.56 upon release. Carriage of TV stations, Mandatory, Exemption 76.70 (2) Additional sanctions. The remedies from. provided in paragraph (h)(1) of this sec- Channel access enforcement ...... 76.10 Communities, Designated ...... 76.51 tion are in addition to and not in lieu Community, Principal contour ...... 76.5 of the sanctions available under title V Community unit ...... 76.5 or any other provision of the Commu- Consumer education-selector switches ...... 76.66 nications Act. Cross-ownership ...... 76.501 D [61 FR 28708, June 5, 1996, as amended at 61 Definitions, Part 76 ...... 76.5 FR 43178, Aug. 21, 1996; 62 FR 26239, May 13, Designated communities ...... 76.51 1997; 64 FR 6575, Feb. 10, 1999] Dismissal: Special relief petitions ...... 76.8 Disputes concerning carriage ...... 76.58 § 76.1514 Bundling of video and local Doctrine, Fairness ...... 76.209 exchange services. E An open video system operator may Editorials, Political ...... 76.209 offer video and local exchange services Enforcement, Channel access ...... 76.10 Enforcement, Lockbox ...... 76.11 for sale in a single package at a single Equal employment opportunityÐ price, provided that: Scope ...... 76.71 (a) The open video system operator, General Policy ...... 76.73 Program requirements ...... 76.75 where it is the incumbent local ex- Reporting requirements ...... 76.77 change carrier, may not require that a Public inspection of records ...... 76.79 subscriber purchase its video service in Exceptions, to rules provisionsÐ order to receive local exchange service; Network program nonduplication ...... 76.95 Signal leakage performance criteria ...... 76.618 and Frequency separation standards ...... 76.618 (b) Any local exchange carrier offer- F ing such a package must impute the Fairness doctrine ...... 76.209 unbundled tariff rate for the regulated File, Public inspection ...... 76.305 service. Forfeitures ...... 76.9 Forms, Report ...... 76.403 [61 FR 28708, June 5, 1996, as amended at 61 Frequency bands 108±136; 225±400 MHz, Op- 76.610 FR 43178, Aug. 21, 1996] eration in. Frequency separation standards ...... 76.612 EFFECTIVE DATE NOTE: At 61 FR 43178, Aug. Frequency separation standards, Exception to .. 76.618 21, 1996, in § 76.1514, paragraph (b) was re- Full network station ...... 76.5 vised. This amendment contains information G collection and recordkeeping requirements Grandfathering, exceptions to rules provisionsÐ and will not become effective until approval Non-network program exclusivity ...... 76.99 has been given by the Office of Management Non-applicability of §§ 76.611 and 76.612 .. 76.618 and Budget. Operation in frequency bands 108±136; 76.619 225±400 mHz. ALPHABETICAL INDEX—PART 76 H±I A Identification Sponsorship; list retention ...... 76.221 A and B grade contours ...... 76.5 Independent station ...... 76.5 Access, Channel enforcement ...... 76.10 Input selector switches ...... 76.66 Address, operator or status change reports ...... 76.400 Input selector switches, consumer education ..... 76.66 Aeronautical and marine emergency fre- 76.616 Input selector switches, Exemption ...... 76.70 quencies, Operation near. Inspection, CATV systems, by FCC ...... 76.307 Aeronautical band usage, Notification require- 76.615 Interference from CATV system ...... 76.613 ments. Interference, REceiver-generated, Responsibility 76.617 Authority, Special temporary ...... 76.29 Isolation, Terminal ...... 76.5 B J±L B and A grade contours ...... 76.5 Leakage measurements, Signal ...... 76.601 685

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00685 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Pt. 78 47 CFR Ch. I (10–1–99 Edition)

Leakage, Signal, performance criteria ...... 76.611 Rules, Possession ...... 76.301 Leakage, Signal, performance criteria, Excep- 76.618 tion. S List retention, Sponsorship identification ...... 76.221 Selector switches, Input ...... 76.66 Lockbox enforcement ...... 76.11 Selector switches, input, Exemption ...... 76.70 Lotteries ...... 76.213 Show cause order ...... 76.9 Signal leakage measurements ...... 76.601 M Signal leakage performance criteria ...... 76.611 Mandatory carriage of TV stations ...... 76.56 Signature: registration statement ...... 76.14 Mandatory carriage of TV stations, Exemption 76.70 Significantly viewed signals ...... 76.54 from. Special relief ...... 76.7 Manner of carriage ...... 76.62 Special relief petitions, Dismissal of ...... 76.8 Marine and aeronautical emergency fre- 76.716 Special temporary authority ...... 76.29 quencies, Operation near. Specified zone, TV station ...... 76.5 Major TV markets ...... 76.51 Sponsorship identification, List retention ...... 76.221 Market size operation provisionsÐ Sports broadcasts ...... 76.67 Measurements, Performance ...... 76.609 Standards for rate regulation ...... 76.33 Measurements, Signal leakage ...... 76.601 Standards, Technical ...... 76.605 Monitoring, CATV system ...... 76.614 Station protection: network program nonduplica- 76.92 Must carry requirements ...... 76.55, tion. 76.59, Status, operator or address change reports ...... 76.400 76.61, Subscriber terminal ...... 76.5 76.64 Subscribers ...... 76.5 System community unit ...... 76.5 N System inspection (by FCC) ...... 76.307 Network nonduplication: protection extent ...... 76.94 System monitoring ...... 76.614 Network nonduplication waivers ...... 76.97 System noise ...... 76.5 Network program nonduplication: Exceptions .... 76.95 Network program nonduplication: Notification .... 76.94 T Network programming ...... 76.5 Technical standards ...... 76.605 Network programs: nonduplication protection .... 76.92 Terminal isolation ...... 76.5 Network station, Full ...... 76.5 Terminal, Subscriber ...... 76.5 Network station, Partial ...... 76.5 Tests, Performance ...... 76.601 Noise, System ...... 76.5 Translator station, TV ...... 76.5 Nonduplication protection, Network programs .... 76.92 TV markets, Boundaries of ...... 76.53 Non-network program exclusivity, exceptions .... 76.99 TV markets, Major ...... 76.51 Notification requirements: aeronautical bands .... 76.615 TV signals, Carriage non-mandatory ...... 76.60 Notification requirements: network nonduplica- 76.94 U±V tion. Vertical blanking interval, Services on ...... 76.64 O W Operation in frequency bands 108±136 and 76.610 225±400 MHz. Waiver, Network nonduplication ...... 76.97 Operator, address or status change reports ...... 76.400 Waiver, Rules ...... 76.7 Order, Show cause ...... 76.9 X±Y±Z Ownership, Cross ...... 76.501 Zone, Specified, of TV station ...... 76.5 P Partial network station ...... 76.5 [50 FR 38536, Sept. 23, 1985; 50 FR 39114, Sept. Performance measurements ...... 76.609 27, 1985, as amended at 51 FR 34622, Sept. 30, Personal attacks: political cablecasts ...... 76.209 1986; 52 FR 37316, Oct. 6, 1987] Petitions, Dismissal of ...... 76.8 Petitions for waiver ...... 76.7 Political editorials ...... 76.209 PART 78—CABLE TELEVISION RELAY Possession of rules ...... 76.301 Prime time ...... 76.5 SERVICE Program carriages, STV ...... 76.64 Programming, Network ...... 76.5 Subpart A—General Protection extent: network nonduplication ...... 76.94 Public inspection file ...... 76.305 Sec. Public office, Cablecasts by candidates for ...... 76.205 78.1 Purpose. PURPOSEÐPart 76 ...... 76.1 78.3 Other pertinent rules. Q 78.5 Definitions. Qualified TV station, Showing ...... 76.55 R Subpart B—Applications and Licenses Rate regulation standards ...... 76.33 Receiver generated interference ...... 76.617 78.11 Permissible service. Reference points, Major/smaller markets ...... 76.53 78.13 Eligibility for license. Registration statement: signature ...... 76.14 78.15 Contents of applications. Registration statement ...... 76.12 78.16 Who may sign applications. Relief, Special ...... 76.7 78.17 Amendment of applications. Report forms ...... 76.403 78.18 Frequency assignments. Reports: Change of operator, address, status ... 76.400 Responsibility for receiver-generated inter- 76.617 78.19 Interference. ference. 78.20 Acceptance of applications; public no- Rule waiver ...... 76.7 tice. 686

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00686 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.5

78.21 Dismissal of applications. point of reception to a terminal point 78.22 Objections to applications. from which the signals are distributed 78.23 Equipment tests. to the public by cable. In addition 78.27 License conditions. 78.29 License period. CARS stations may be used to trans- 78.31 Temporary extension of license. mit television and related audio sig- 78.33 Special temporary authority. nals to TV translator and low power 78.35 Assignment or transfer of control. TV stations. 78.36 Frequency coordination. [43 FR 1952, Jan. 13, 1978, as amended at 47 Subpart C—General Operating FR 21503, May 18, 1982] Requirements § 78.3 Other pertinent rules. 78.51 Remote control operation. Other pertinent provisions of the 78.53 Unattended operation. Commission’s rules and regulations re- 78.55 Time of operation. 78.57 Station inspection. lating to the cable television relay 78.59 Posting of station and operator li- service (CARS) are included in the fol- censes. lowing parts of this chapter: 78.61 Operator requirements. Part 0—Commission Organization. 78.63 Antenna structure marking and light- Part 1—Practice and Procedure. ing. Part 2—Frequency Allocations and Radio 78.65 Additional orders. Treaty Matters; General Rules and Regu- 78.67 Copies of rules. lations. 78.69 Station records. Part 17—Construction Marking and Lighting 78.75 Equal employment opportunities. of Antenna Structures. Subpart D—Technical Regulations Part 21—Domestic Public Fixed Radio Serv- ices. 78.101 Power limitations. Part 74—Experimental, Auxiliary, and Spe- 78.103 Emissions and emission limitations. cial Broadcast, and Other Program Dis- 78.104 Authorized bandwidth and emission tribution Services. designator. Part 76—Cable Television Service. 78.105 Antenna systems. [55 FR 46014, Oct. 31, 1990] 78.106 Interferences to geostationary-satellites. § 78.5 Definitions. 78.107 Equipment and installation. 78.108 Minimum path lengths for fixed For purposes of this part, the fol- links. lowing definitions are applicable. For 78.109 Equipment changes. other definitions, see part 76 (Cable 78.111 Frequency tolerance. Television Service) of this chapter. 78.113 Frequency monitors and measure- (a) Cable television relay service (CARS) ments. 78.115 Modulation limits. station. A fixed or mobile station used for the transmission of television and ALPHABETICAL INDEX—PART 78 related audio signals, signals of stand- AUTHORITY: Secs. 2, 3, 4, 301, 303, 307, 308, ard and FM broadcast stations, signals 309, 48 Stat., as amended, 1064, 1065, 1066, 1081, of instructional television fixed sta- 1082, 1083, 1084, 1085; 47 U.S.C. 152, 153, 154, 301, tions, and cablecasting from the point 303, 307, 308, 309. of reception to a terminal point from SOURCE: 37 FR 3292, Feb. 12, 1972, unless the point of reception to a terminal otherwise noted. point from which the signals are distributed to the public. Subpart A—General NOTE: Except where the rules contained in § 78.1 Purpose. this part make separate provision, the term ‘‘Cable Television Relay service’’ or ‘‘CARS’’ The rules and regulations set forth in includes the term ‘‘Local Distribution Serv- this part provide for the licensing and ice’’ or ‘‘LDS,’’ the term ‘‘Cable Television operation of fixed or mobile cable tele- Relay service Studio to Headend Link’’ or vision relay service stations (CARS) ‘‘SHL,’’ and the term ‘‘Cable Television used for the transmission of television Relay PICKUP,’’ as defined in paragraphs and related audio signals, signals of (b), (c), and (d) of this section. standard and FM broadcast stations, (b) Local distribution service (LDS) sta- signals of instructional television fixed tion. A fixed CARS station used within stations, and cablecasting from the a cable television system or systems

687

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00687 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.11 47 CFR Ch. I (10–1–99 Edition)

for the transmission of television sig- (j) Other eligible system. A system nals and related audio signals, signals comprised of microwave radio channels of standard and FM broadcast stations, in the Multipoint Distribution Service signals of instructional television fixed and Multichannel Multipoint Distribu- stations, and cablecasting from a local tion Services (as defined in § 21.2 of this transmission point to one or more re- chapter, and, on a part-time basis, in ceiving points, from which the commu- the Instructional Television Fixed nications are distributed to the public. Service (as defined in § 74.901 of this LDS stations may also engage in chapter) that delivers multichannel repeatered operation. television service over the air to sub- (c) Cable Television Relay Service Stu- scribers. dio to Headend Link (SHL) station. A [37 FR 3292, Feb. 12, 1972, as amended at 38 fixed CARS station used for the trans- FR 16647, June 25, 1973; 39 FR 26025, July 16, mission of television program material 1974; 43 FR 1953, Jan. 13, 1978; 52 FR 7143, Mar. and related communications from a 9, 1987; 55 FR 46015, Oct. 31, 1990] cable television studio to the headend of a cable television system. Subpart B—Applications and (d) Cable Television Relay Service Licenses PICKUP station. A land mobile CARS station used for the transmission of § 78.11 Permissible service. television signals and related commu- (a) CARS stations are authorized to nications from the scenes of events oc- relay TV broadcast and low power TV curring at points removed from cable and related audio signals, the signals of television studios to cable television AM and FM broadcast stations, signals studios or headends. of instructional TV fixed stations, and (e) Remote control operation. Operation cablecasting intended for use by one or of a station by a qualified operator on more cable television systems or other duty at a control position from which eligible systems. LDS stations are au- the transmitter is not visible but thorized to relay television broadcast which control position is equipped with and related audio signals, the signals of suitable control and telemetering cir- AM and FM broadcast stations, signals cuits so that the essential functions of instructional television fixed sta- that could be performed at the trans- tions, cablecasting, and such other mitter can also be performed from the communications as may be authorized control point. by the Commission. Relaying includes (f) Attended operation. Operation of a retransmission of signals by inter- station by a qualified operator on duty mediate relay stations in the system. at the place where the transmitting ap- CARS licensees may interconnect their paratus is located with the transmitter facilities with those of other CARS, in plain view of the operator. common carrier, or television auxiliary (g) Unattended operation. Operation of licensees, and may also retransmit the a station by automatic means whereby signals of such CARS, common carrier, the transmitter is turned on and off or television auxiliary stations, pro- and performs its functions without at- vided that the program material retention by a qualified operator. transmitted meets the requirements of (h) Authorized bandwidth. The max- this paragraph. imum bandwidth authorized to be used (b) The transmitter of a CARS sta- by a station as specified in the station tion using FM transmission may be license. (See §§ 2.202 and 78.104.) multiplexed to provide additional com- (i) Cable network-entity. A cable net- munication channels for the trans- work-entity is an organization which mission of standard and FM broadcast produces programs available for simul- station programs and operational com- taneous transmission by cable systems munications directly related to the serving a combined total of at least technical operation of the relay system 5,000,000 subscribers and having dis- (including voice communications, te- tribution facilities or circuits available lemetry signals, alerting signals, fault to such affiliated stations or cable sys- reporting signals, and control signals). tems. A CARS station will be authorized only

688

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00688 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.11

where the principal use is the trans- to the studio, headend, or transmitter mission of television broadcast proof its associated cable television sys- gram material or cablecasting: Pro- tem or other eligible system, or to such vided, however, That this requirement other cable television or other eligible shall not apply to LDS stations. systems as are carrying the same pro- (c) CARS station licenses may be gram material. CARS pickup stations issued to cable television owners or op- may be used to provide temporary erators or other eligible system owners CARS studio-to-headend links, studio- or operators, and to cooperative enter- to-transmitter links, or CARS circuits prises owned by cable television owners consistent with this part without fur- or operators or other eligible system ther authority of the Commission: Pro- owners or operators. Television trans- vided, however, That prior Commission lator licensees may be members of such authority shall be obtained if the cooperative enterprises. transmitting antenna to be installed (d) CARS systems shall supply pro- will increase the height of any natural gram material to cable television sys- formation or manmade structure by tems, other eligible systems, and trans- more than 6.1 meters (20 feet) and will lator stations only in the following cir- be in existence for a period of more cumstances. than 2 consecutive days: And provided, (1) Where the licensee of the CARS further, That if the transmitting equip- station or system is owner or operator ment is to be operated for more than 1 of the cable television systems or other day outside of the area to which the eligible systems supplied with program CARS station has been licensed, the material; or Commission, the Engineer in charge of (2) Where the licensee of the CARS the district in which the station is li- station or system supplies program censed to operate, and the Engineer in material to cable television systems, charge of the district in which the other eligible systems, or television equipment will be temporarily oper- translator stations either without ated shall be notified at least 1 day charge or on a non-profit, cost-sharing prior to such operation. If the decision basis pursuant to a written contract to continue operation for more than 1 between the parties involved which day is not made until the operation has provides that the CARS licensee shall begun, notice shall be given to the have exclusive control over the oper- Commission and the relevant Engi- ation of the CARS stations licensed to neers in charge within 1 day after such him and that contributions to capital decision. In all instances, the Commis- and operating expenses are accepted sion and the relevant Engineers in only on a cost-sharing, nonprofit basis, charge shall be notified when the prorated on an equitable basis among transmitting equipment has been re- all cable television systems or other el- turned to its licensed area. igible systems being supplied with pro- (f) A cable network-entity may use gram material in whole or in part. CARS stations to transmit their own Charges for the programming material television program materials to cable are not subject to this restriction and television systems, other eligible sys- cable network-entities may fully tems, other cable network-entities, charge for their services. Records broadcast stations, and broadcast net- showing the cost of the service and its work-entities: Provided, however, That nonprofit, cost-sharing nature shall be the bands 1990–2110 MHz, 6425–6526 MHz maintained by the CARS licensee and and 6875–7125 MHz may be used by cable held available for inspection by the network-entities only for CARS pick- Commission. up stations. (e) The license of a CARS pickup sta- (g) The provisions of paragraph (d) of tion authorizes the transmission of this section and § 78.13 of this part shall program material, and related commu- not apply to a licensee who has been li- nications necessary to the accomplish- censed in the CARS service pursuant to ment of such transmission, from the § 21.709 of this chapter, except that scenes of events occurring in places paragraph (d) of this section shall other than a cable television studio or apply with respect to facilities added the studio of another eligible system, or cable television and other eligible

689

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00689 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.13 47 CFR Ch. I (10–1–99 Edition)

systems first served after February 1, quested therein. Applications requiring 1966. fees as set forth at part 1, subpart G of this chapter must be filed in accord- [37 FR 3292, Feb. 12, 1972, as amended at 37 FR 15926, Aug. 8, 1972; 43 FR 1953, Jan. 13, ance with § 0.401(b) of the rules. 1978; 43 FR 25127, June 9, 1978; 44 FR 32382, (b) An application for a CARS studio June 6, 1979; 47 FR 21503, May 18, 1982; 50 FR to headend link or LDS station license 23421, June 4, 1985; 52 FR 7144, Mar. 9, 1987; 55 shall contain a statement that the ap- FR 46015, Oct. 31, 1990; 58 FR 44952, Aug. 25, plicant has investigated the possibility 1993] of using cable rather than microwave and the reasons why it was decided to § 78.13 Eligibility for license. use microwave rather than cable. A license for CARS station will be issued only: NOTE: Each applicant filing pursuant to (a) To the owner or one who is re- § 78.15 is responsible for the continuing accu- sponsible for the management and op- racy and completeness of all information in such applications. The provisions of § 1.65 are eration of a cable television system, wholly applicable to applications pursuant (b) To a cooperative enterprise whol- to § 78.15, as well as to amendments filed pur- ly owned by cable television owners or suant to § 78.17, and objections filed pursuant operators, or to § 78.22, except that where the specific (c) A cable network-entity upon provisins of §§ 78.15, 78.17, 78.22 conflict with showing that the applicant is qualified the provisions of § 1.65, the specific provi- under the Communications Act of 1934, sions are controlling, e.g., where require- that frequencies are available for the ments for service on specified parties of certain information may vary. proposed operation, and that the public interest, convenience, and necessity (c) CARS applicants must follow the will be served by a grant thereof. procedures prescribed in subpart 1 of (d) Licensees and conditional licens- part 1 of this chapter (§§ 1.1301 through ees of channels in the Multipoint Dis- 1.1319) regarding the filing of environ- tribution Service and Multichannel mental assessments unless Commission Multipoint Distribution Service as de- action authorizing construction of a fined in § 21.2 of this chapter, or enti- CARS station would be categorically ties that hold an executed lease agree- excluded from the environmental proc- ment with an MDS or MMDS licensee essing requirements under § 1.1306 of or conditional licensee or with an In- this chapter. structional Television Fixed Service li- [41 FR 3719, Jan. 23, 1976, as amended at 41 censee or permittee. FR 32429, Aug. 3, 1976; 42 FR 61864, Dec. 7, (e) Licensees, construction permit- 1977; 50 FR 23421, June 4, 1985; 52 FR 10231, tees, and applicants of channels in the Mar. 31, 1987; 55 FR 20398, May 16, 1990] Instructional Television Fixed Service (ITFS) as defined in § 74.901 if: § 78.16 Who may sign applications. (1) The station is authorized or the (a) Applications, amendments there- application proposes authorization as a to, and related statements of fact re- point-to-point operation; and quired by the Commission shall be per- (2) Grant of a CARS license would sonally signed by the applicant, if the allow displacement of any E or F chan- applicant is an individual; by one of nel of the ITFS point-to-point oper- the partners, if the applicant is a part- ation by a Multipoint Distribution nership; by an officer, if the applicant Service (MDS) or Multichannel is a corporation; or by a member who is Multipoint Distribution Service an officer, if the applicant is an unin- (MMDS) applicant, conditional li- corporated association. Applications, censee, or licensee. amendments, and related statements of [52 FR 7144, Mar. 9, 1987, as amended at 55 FR fact filed on behalf of government enti- 46015, Oct. 31, 1990; 56 FR 57601, Nov. 13, 1991] ties shall be signed by such duly elected or appointed officials as may be § 78.15 Contents of applications. competent to do so under the laws of (a) Applications for authorization in the applicable jurisdiction. the Cable Television Relay Service (b) Applications, amendments there- shall be submitted on FCC Form 327, to, and related statements of fact re- and shall contain the information required by the Commission may be

690

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00690 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.18

signed by the applicant’s attorney in GROUP A CHANNELS case of the applicant’s physical dis- Channel bound- ability or of his absence from the Designation aries (GHz) United States. The attorney shall in that event separately set forth the rea- A01 1 ...... 12.700±12.725 A02 1 ...... 12.725±12.750 sons why the application is not signed A03 1 ...... 12.750±12.775 by the applicant. In addition, if any A04 1 ...... 12.775±12.800 matter is stated on the basis of the at- A05 1 ...... 12.800±12.825 A06 1 ...... 12.825±12.850 torney’s belief only (rather than his A07 1 ...... 12.850±12.875 knowledge), he shall separately set A08 1 ...... 12.875±12.900 forth his reasons for believing that A09 1 ...... 12.900±12.925 A10 1 ...... 12.925±12.950 such statements are true. A11 1 ...... 12.950±12.975 (c) Only the original of applications, A12 1 ...... 12.975±13.000 amendments, or related statements of A13 1 ...... 13.000±13.025 A14 1 ...... 13.025±13.050 fact need be signed; copies may be con- A15 1 ...... 13.050±13.075 formed. A16 1 ...... 13.075±13.100 (d) Applications, amendments, and A17 1 ...... 13.100±13.125 A18 1 ...... 13.125±13.150 related statements of fact need not be A19 1 ...... 2 13.150±13.175 submitted under oath. Willful false A20 1 ...... 2 13.170±13.200 statements made therein, however, are 1 Appropriate polarization designation: punishable by fine and imprisonment, H=Horizontally polarized propagated radio wave. United States Code, title 18, section V=Vertically polarized propagated radio wave. R=Right-handed (clockwise) elliptically polarized propagated 1001, and by appropriate administrative radio wave. sanctions, including revocation of sta- L=Left-handed (counter-clockwise) elliptically polarized tion license pursuant to section propagated radio wave. 2 See paragraph (l) of this section. 312(a)(1) of the Communications Act of NOTE: Polarization designations shall be in accordance with 1934, as amended. IEEE standard 100±1972 as amended.

[37 FR 15926, Aug. 8, 1972] GROUP B CHANNELS § 78.17 Amendment of applications. Channel bound- Designation aries (GHz) Any application may be amended as a matter of right prior to the adoption B01 1 ...... 12.7125± 12.7375 date of any final action taken by the B02 1 ...... 12.7375± Commission with respect to the appli- 12.7625 cation, merely by filing the appro- B03 1 ...... 12.7625± 12.7875 priate number of copies of the amend- B04 1 ...... 12.7875± ment in question duly executed in ac- 12.8125 cordance with § 78.16. If a petition to B05 1 ...... 12.8125± 12.8375 deny has been filed, the amendment B06 1 ...... 12.8375± shall be served on the petitioner. 12.8625 B07 1 ...... 12.8625± [37 FR 15926, Aug. 8, 1972] 12.8875 B08 1 ...... 12.8875± § 78.18 Frequency assignments. 12.9125 B09 1 ...... 12.9125± (a) The Cable Television Relay Serv- 12.9375 ice is assigned the band of frequencies B10 1 ...... 12.9375± 12.9625 from 12.70 to 13.20 GHz. This band is B11 1 ...... 12.9625± shared with the Fixed-Satellite Service 12.9875 (earth-to-space) from 12.70 to 12.75 GHz B12 1 ...... 12.9875± 13.0125 and Television Auxiliary Broadcast B13 1 ...... 13.0125± Stations from 12.70 to 13.20 GHz. The 13.0375 following channels may be assigned to B14 1 ...... 13.0375± 13.0625 CARS stations for the propagation of B15 1 ...... 13.0625± radio waves with the indicated polar- 13.0875 ization: B16 1 ...... 13.0875± 13.1125 (1) For CARS stations using FM B17 1 ...... 13.1125± transmission: 13.1375

691

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00691 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.18 47 CFR Ch. I (10–1–99 Edition)

GROUP B CHANNELSÐContinued GROUP C CHANNELSÐContinued

Channel bound- Designation Channel bound- Designation aries (GHz) aries (GHz)

B18 1 ...... 2 13.1375± C26 1 ...... 12.8445± 13.1625 12.8505 B19 1 ...... 2 13.1625± C27 1 ...... 12.8505± 13.1875 12.8565 C28 1 ...... 12.8565± 1 See footnote 1 following GROUP A CHANNELS. 12.8625 2 See paragraph (l) of this section. C29 1 ...... 12.8625± NOTE: Polarization designations shall be in accordance with 12.8685 IEEE standard 100±1972 as amended. C30 1 ...... 12.8685± 12.8745 (2) CARS stations using vestigal side- C31 1 ...... 12.8745± band AM transmission and FM trans- 12.8805 mission requiring a necessary band- C32 1 ...... 12.8805± width of no more than 6 MHz. 12.8865 C33 1 ...... 12.8865± 12.8925 GROUP C CHANNELS C34 1 ...... 12.8925± 12.8985 1 Designation Channel bound- C35 ...... 12.8985± aries (GHz) 12.9045 C36 1 ...... 12.9045± 1 C01 ...... 12.7005± 12.9105 12.7065 C37 1 ...... 12.9105± 1 C02 ...... 12.7065± 12.9165 12.7125 C38 1 ...... 12.9165± C03 1 ...... 12.7125± 12.9225 12.7185 C39 1 ...... 12.9225± C04 1 ...... 2 12.7185± 12.9285 12.7225 C40 1 ...... 12.9285± C05 1 ...... 12.7225± 12.9345 12.7285 C41 1 ...... 12.9345± C06 1 ...... 12.7285± 12.9405 12.7345 C42 1 ...... 12.9405± C07 1 ...... 12.7345± 12.9465 12.7405 1 C08 1 ...... 12.7405± See footnote 1 following GROUP A CHANNELS. 2 For transmission of pilot subcarriers or other authorized 12.7465 narrow band signals. C09 1 ...... 12.7465± 12.7525 C10 1 ...... 2 12.7525± GROUP D CHANNELS 12.7545 C11 1 ...... 12.7545± Channel bound- Designation aries (GHz) 12.7605 1 C12 ...... 12.7605± D01 1 ...... 12.7597± 12.7665 12.7657 1 C13 ...... 12.7665± D02 1 ...... 12.7657± 12.7725 12.7717 1 C14 ...... 12.7725± D03 1 ...... 12.7717± 12.7785 12.7777 1 C15 ...... 12.7785± D04 1 ...... 2 12.7777± 12.7845 12.7817 C16 1 ...... 12.7845± D05 1 ...... 12.7817± 12.7905 12.7877 C17 1 ...... 12.7905± D06 1 ...... 12.7877± 12.7965 12.7937 C18 1 ...... 12.7965± D07 1 ...... 12.7937± 12.8025 12.7997 C19 1 ...... 12.8025± D08 1 ...... 12.7997± 12.8085 12.8057 C20 1 ...... 12.8085± D09 1 ...... 12.8057± 12.8145 12.8117 C21 1 ...... 12.8145± D10 1 ...... 2 12.8117± 12.8205 12.8137 C22 1 ...... 12.8205± D11 1 ...... 12.8137± 12.8265 12.8197 C23 1 ...... 12.8265± D12 1 ...... 12.8197± 12.8325 12.8257 C24 1 ...... 12.8325± D13 1 ...... 12.8257± 12.8385 12.8317 C25 1 ...... 12.8385± D14 1 ...... 12.8317± 12.8445 12.8377

692

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00692 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.18

GROUP D CHANNELSÐContinued GROUP E CHANNELSÐContinued

Designation Channel bound- Channel boundaries (GHz) Designation aries (GHz)

D15 1 ...... 12.8377± E04 1 ...... 2 12.9705± 12.8437 12.9745 D16 1 ...... 12.8437± E05 1 ...... 12.9745± 12.8497 12.9805 D17 1 ...... 12.8497± E06 1 ...... 12.9805± 12.8557 12.9865 D18 1 ...... 12.8557± E07 1 ...... 12.9865± 12.8617 12.9925 D19 1 ...... 12.8617± E08 1 ...... 12.9925± 12.8677 12.9985 D20 1 ...... 12.8677± E09 1 ...... 12.9985± 12.8737 13.0045 D21 1 ...... 12.8737± E10 1 ...... 2 13.0045± 12.8797 13.0065 D22 1 ...... 12.9797± E11 1 ...... 13.0065± 12.8857 13.0125 D23 1 ...... 12.8857± E12 1 ...... 13.0125± 12.8917 13.0185 D24 1 ...... 12.8917± E13 1 ...... 13.0185± 12.8977 13.0245 D25 1 ...... 12.8977± E14 1 ...... 13.0245± 12.9037 13.0305 D26 1 ...... 12.9037± E15 1 ...... 13.0305± 12.9097 13.0365 D27 1 ...... 12.9097± E16 1 ...... 13.0365± 12.9157 13.0425 D28 1 ...... 12.9157± E17 1 ...... 13.0425± 12.9217 13.0485 D29 1 ...... 12.9217± E18 1 ...... 13.0485± 12.9277 13.0545 D30 1 ...... 12.9277± E19 1 ...... 13.0545± 12.9337 13.0605 D31 1 ...... 12.9337± E20 1 ...... 13.0605± 12.9397 13.0665 1 D32 ...... 12.9397± E21 1 ...... 13.0665± 12.9457 13.0725 1 D33 ...... 12.9457± E22 1 ...... 13.0725± 12.9517 13.0785 1 D34 ...... 12.9517± E23 1 ...... 13.0785± 12.9577 13.0845 1 D35 ...... 12.9577± E24 1 ...... 13.0845± 12.9637 13.0905 1 D36 ...... 12.9637± E25 1 ...... 13.0905± 12.9697 13.0965 1 D37 ...... 12.9697± E26 1 ...... 13.0965± 12.9757 13.1025 1 D38 ...... 12.9757± E27 1 ...... 13.1025± 12.9817 13.1085 1 D39 ...... 12.9817± E28 1 ...... 13.1085± 12.9877 13.1145 1 D40 ...... 12.9877± E29 1 ...... 13.1145± 12.9937 13.1205 D41 1 ...... 12.9937± E30 1 ...... 13.1205± 12.9997 13.1265 D42 1 ...... 12.9997± E31 1 ...... 13.1265± 13.0057 13.1325 1 See footnote 1 following GROUP A CHANNELS. E32 1 ...... 13.1325± 2 See footnote 2 following GROUP C CHANNELS. 13.1385 E33 1 ...... 13.1385± GROUP E CHANNELS 13.1445 E34 1 ...... 3 13.1445± Channel bound- 13.1505 Designation aries (GHz) E35 1 ...... 3 13.1505± 13.1565 E01 1 ...... 12.9525± E36 1 ...... 3 13.1565± 12.9585 13.1625 E02 1 ...... 12.9585± E37 1 ...... 3 13.1625± 12.9645 13.1685 E03 1 ...... 12.9645± E38 1 ...... 3 13.1685± 12.9705 13.1745

693

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00693 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.18 47 CFR Ch. I (10–1–99 Edition)

GROUP E CHANNELSÐContinued GROUP F CHANNELSÐContinued

Designation Channel bound- Channel boundaries (GHz) Designation aries (GHz)

E39 1 ...... 3 13.1745± F28 1 ...... 3 13.1685± 13.1805 13.1745 E40 1 ...... 3 13.1805± F29 1 ...... 3 13.1745± 13.1865 13.1805 E41 1 ...... 3 13.1865± F30 1 ...... 3 13.1805± 13.1925 13.1865 E42 1 ...... 3 13.1925± F31 1 ...... 3 13.1865± 13.1985 13.1925 1 3 1 See footnote 1 following GROUP A CHANNELS. F32 ...... 13.1925± 2 See footnote 2 following GROUP C CHANNELS. 13.1985 3 See paragraph (l) of this section. 1 See footnote 1 following GROUP A CHANNELS. 2 See footnote 2 following GROUP C CHANNELS. GROUP F CHANNELS 3 See paragraph (l) of this section.

Designation Channel bound- (3) For CARS stations using AM and aries (GHz) FM transmission requiring a necessary F01 1 ...... 13.0125± bandwidth of no more than 12.5 MHz. 13.0185 F02 1 ...... 13.0185± GROUP K CHANNEL 13.0245 F03 1 ...... 13.0245± Channel bound- 13.0305 Designation aries (GHz) F04 1 ...... 2 13.0305± 13.0345 K01 1 ...... 12.7000± F05 1 ...... 13.0345± 12.7125 13.0405 K02 1 ...... 12.7125± F06 1 ...... 13.0405± 12.7250 13.0465 K03 1 ...... 12.7250± F07 1 ...... 13.0465± 12.7375 13.0525 K04 1 ...... 12.7375± F08 1 ...... 13.0525± 12.7500 13.0585 K05 1 ...... 12.7500± F09 1 ...... 13.0585± 12.7625 13.0645 K06 1 ...... 12.7625± 1 2 F10 ...... 13.0645± 12.7750 13.0665 K07 1 ...... 12.7750± 1 2 F11 ...... 13.0665± 12.7875 13.0725 K08 1 ...... 12.7875± 1 F12 ...... 13.0725± 12.8000 13.0785 K09 1 ...... 12.8000± F13 1 ...... 13.0785± 12.8125 13.0845 K10 1 ...... 12.8125± F14 1 ...... 13.0845± 12.8250 13.0905 K11 1 ...... 12.8250± F15 1 ...... 13.0905± 12.8375 13.0965 K12 1 ...... 12.8375± F16 1 ...... 13.0965± 13.1025 12.8500 1 F17 1 ...... 13.1025± K13 ...... 12.8500± 13.1085 12.8625 1 F18 1 ...... 13.1085± K14 ...... 12.8625± 13.1145 12.8750 1 F19 1 ...... 13.1145± K15 ...... 12.8750± 13.1205 12.8875 F20 1 ...... 13.1205± K16 1 ...... 12.8875± 13.1265 12.9000 F21 1 ...... 13.1265± K17 1 ...... 12.9000± 13.1325 12.9125 F22 1 ...... 13.1325± K18 1 ...... 12.9125± 13.1385 12.9250 F23 1 ...... 13.1385± K19 1 ...... 12.9250± 13.1445 12.9375 F24 1 ...... 3 13.1445± K20 1 ...... 12.9375± 13.1505 12.9500 F25 1 ...... 3 13.1505± K21 1 ...... 12.9500± 13.1565 12.9625 F26 1 ...... 3 13.1565± K22 1 ...... 12.9625± 13.1625 12.9750 F27 1 ...... 3 13.1625± K23 1 ...... 12.9750± 13.1685 12.9875

694

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00694 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.18

GROUP K CHANNELÐContinued Receive Transmit (receive) (MHz) (transmit) Channel bound- (MHz) Designation aries (GHz) 216 MHz Separation K24 1 ...... 12.9875± 13.0000 18145.0 ...... n/a K25 1 ...... 13.0000± 18151.0 ...... 18367.0 13.0125 18157.0 ...... 18373.0 K26 1 ...... 13.0125± 18163.0 ...... 18379.0 13.0250 18169.0 ...... 18385.0 K27 1 ...... 13.0250± 18175.0 ...... 18391.0 13.0375 18181.0 ...... 18397.0 18187.0 ...... 18403.0 K28 1 ...... 13.0375± 18193.0 ...... 18409.0 13.0500 18199.0 ...... 18415.0 1 K29 ...... 13.0500± 18205.0 ...... 18421.0 13.0625 18211.0 ...... 18427.0 K30 1 ...... 13.0625± 18217.0 ...... 18433.0 13.0750 18223.0 ...... 18439.0 K31 1 ...... 13.0750± 18229.0 ...... 18445.0 13.0875 18235.0 ...... 18451.0 K32 1 ...... 13.0875± 18241.0 ...... 18457.0 13.1000 18247.0 ...... 18463.0 K33 1 ...... 13.1000± 18253.0 ...... 18469.0 13.1125 18259.0 ...... 18475.0 K34 1 ...... 13.1125± 18265.0 ...... 18481.0 13.1250 18271.0 ...... 18487.0 18277.0 ...... 18493.0 K35 1 ...... 13.1250± 18283.0 ...... 18499.0 13.1375 18289.0 ...... 18505.0 1 K36 ...... 13.1375± 18295.0 ...... 18511.0 13.1500 18301.0 ...... 18517.0 12 K37 ...... 13.1500± 18307.0 ...... 18523.0 13.1625 18313.0 ...... 18529.0 K38 12 ...... 13.1625± 18319.0 ...... 18535.0 13.1750 18325.0 ...... 18541.0 K39 12 ...... 13.1750± 18331.0 ...... 18547.0 13.1875 18337.0 ...... 18553.0 K40 12 ...... 13.1875± 18343.0 ...... 18559.0 13.2000 18349.0 ...... 18565.0 18355.0 ...... 18571.0 1 See footnote 1 following GROUP A CHANNELS. 18361.0 ...... 18577.0 2 See paragraph (l) of this section. (4) The Cable Television Relay Serv- (iii) 10 MHz maximum authorized ice is also assigned the following fre- bandwidth channels:

quencies in the 17,700 to 19,700 MHz Receive band. These frequencies are co-equally Transmit (receive) (MHz) (transmit) shared with stations in fixed service (MHz) under Parts 21, 74 and 94 of the Com- 1560 MHz Separation mission’s Rules. Applicants may use either a two-way link or one or both fre- 17705.0 ...... 19265.0 17715.0 ...... 19275.0 quencies of a frequency pair for a one- 17725.0 ...... 19285.0 way link and shall coordinate proposed 17735.0 ...... 19295.0 operations pursuant to procedures re- 17745.0 ...... 19305.0 17755.0 ...... 19315.0 quired in § 21.100(d). These bands may 17765.0 ...... 19325.0 be used for analog or digital modula- 17775.0 ...... 19335.0 tion. 17785.0 ...... 19345.0 17795.0 ...... 19355.0 (i) 2 MHz maximum authorized band- 17805.0 ...... 19365.0 width channel: 17815.0 ...... 19375.0 17825.0 ...... 19385.0 Receive 17835.0 ...... 19395.0 Transmit (receive) (MHz) (transmit) 17845.0 ...... 19405.0 (MHz) 17855.0 ...... 19415.0 17865.0 ...... 19425.0 18141.0 ...... n/a 17875.0 ...... 19435.0 17885.0 ...... 19445.0 (ii) 6 MHz maximum authorized band- 17895.0 ...... 19455.0 17905.0 ...... 19465.0 width channels: 17915.0 ...... 19475.0

695

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00695 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.18 47 CFR Ch. I (10–1–99 Edition)

Receive Receive Transmit (receive) (MHz) (transmit) Transmit (receive) (MHz) (transmit) (MHz) (MHz)

17925.0 ...... 19485.0 18000.0 ...... 19560.0 17935.0 ...... 19495.0 18040.0 ...... 19600.0 17945.0 ...... 19505.0 18080.0 ...... 19640.0 17955.0 ...... 19515.0 18120.0 ...... 19680.0 17965.0 ...... 19525.0 17975.0 ...... 19535.0 17985.0 ...... 19545.0 (vi) 80 MHz maximum authorized 17995.0 ...... 19555.0 bandwidth channels: 18005.0 ...... 19565.0 18015.0 ...... 19575.0 Receive 18025.0 ...... 19585.0 Transmit (receive) (MHz) (transmit) 18035.0 ...... 19595.0 (MHz) 18045.0 ...... 19605.0 18055.0 ...... 19615.0 1560 MHz Separation 18065.0 ...... 19625.0 18075.0 ...... 19635.0 17740.0 ...... 19300.0 18085.0 ...... 19645.0 17820.0 ...... 19380.0 18095.0 ...... 19655.0 17900.0 ...... 19460.0 18105.0 ...... 19665.0 17980.0 ...... 19540.0 18115.0 ...... 19675.0 18060.0 ...... 19620.0 18125.0 ...... 19685.0 18135.0 ...... 19695.0 (5) 6425 to 6525 MHz-Mobile Only. (iv) 20 MHz maximum authorized Paired and unpaired operations per- bandwidth channels: mitted. Use of this spectrum for direct delivery of video programs to the gen- Receive eral public or multi-channel cable dis- Transmit (receive) (MHz) (transmit) (MHz) tribution is not permitted. This band is co-equally shared with mobile stations 1560 MHz Separation licensed pursuant to parts 21, 74 and 94 of the Commission’s Rules. The fol- 17710.0 ...... 19270.0 lowing channels plans apply. 17730.0 ...... 19290.0 17750.0 ...... 19310.0 (i) 1 MHz maximum authorized band- 17770.0 ...... 19330.0 width channels. 17790.0 ...... 19350.0 17810.0 ...... 19370.0 Transmit (or receive) (MHz) Receive (or transmit) (MHz) 17830.0 ...... 19390.0 17850.0 ...... 19410.0 6425.5 ...... 6475.5 17870.0 ...... 19430.0 6450.5 ...... 6500.5 17890.0 ...... 19450.0 17910.0 ...... 19470.0 17930.0 ...... 19490.0 (ii) 8 MHz maximum authorized band- 17950.0 ...... 19510.0 width channels. 17970.0 ...... 19530.0 17990.0 ...... 19550.0 Transmit (or receive) (MHz) Receive (or transmit) (MHz) 18010.0 ...... 19570.0 18030.0 ...... 19590.0 6430.0 ...... 6480.0 18050.0 ...... 19610.0 6438.0 ...... 6488.0 18070.0 ...... 19630.0 6446.0 ...... 6596.0 18090.0 ...... 19650.0 6455.0 ...... 6505.0 18110.0 ...... 19670.0 6463.0 ...... 6513.0 18130.0 ...... 19690.0 6471.0 ...... 6521.0

(v) 40 MHz maximum authorized (iii) 25 MHz maximum authorized bandwidth channels: bandwidth channels.

Receive Transmit (or receive) (MHz) Receive (or transmit) (MHz) Transmit (receive) (MHz) (transmit) (MHz) 6437.5 ...... 6487.5 6462.5 ...... 6512.5 1560 MHz Separation (6) 1990–2110 MHz—Mobile only. Use of 17720.0 ...... 19280.0 17760.0 ...... 19320.0 this spectrum for direct delivery of 17800.0 ...... 19360.0 video programs to the general public or 17840.0 ...... 19400.0 multi-channel cable distribution is not 17880.0 ...... 19440.0 17920.0 ...... 19480.0 permitted. This band is co-equally 17960.0 ...... 19520.0 shared with stations licensed pursuant

696

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00696 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.18

to parts 21 and 74 of the Commission’s signed exclusively to television pickup Rules. (Common carriers may use this and CARS pickup stations on a co- band pursuant to provisions of equal basis. A cable television system § 21.801(b).) The following channeling operator will normally be limited in plan applies subject to the provisions any one area to the assignment of not of § 74.604. more than three channels for CARS pickup use: Provided, however, That ad- Frequency Band (MHz) ditional channels may be assigned upon 1990–2008 a satisfactory showing that additional 2008–2025 channels are necessary and are avail- 2025–2042 2042–2059 able. 2059–2076 (c) An application for a CARS station 2076–2093 shall be specific with regard to the 2093–2110 channel or channels requested. Chan- (7) 6875–7125 MHz—Mobile only. Use of nels shall be identified by the appro- this spectrum for direct delivery of priate designations set forth in para- video programs to the general public or graph (a) of this section. multi-channel cable distribution is not (d) For CARS Fixed stations using permitted. This band is co-equally FM transmission with an authorized shared with stations licensed pursuant bandwidth per channel of 25 MHz, to to parts 21 and 74 of the Commission’s conserve spectrum applicants are en- Rules. (Common carriers may use this couraged to use alternate A and B band pursuant to provisions of channels such that adjacent R.F. car- § 21.801(b).) The following channeling riers are spaced 12.5 MHz. As example, plan applies subject to the provisions a fixed station in the CARS, relaying of § 74.604. several channels, would use A01, B01, A02, B02, A03, etc. Frequency Band (MHz) (e) For CARS stations using vestigial 6875—6900 sideband AM transmissions, channels 6900—6925 from only the Groups C, D, E or F and 6925—6950 those frequencies listed in paragraph 6950—6975 6975—7000 (a)(4)(ii) of this section normally will 7000—7025 be assigned a station, although upon 7025—7050 adequate showing variations in the use 7050—7075 of channels in Groups C, D, E or F and 7075—7100 those frequencies listed in paragraph 7100—7125 (a)(4)(ii) of this section may be author- (b) Television Auxiliary Broadcast ized on a case-by-case basis in order to Service stations may be assigned chan- avoid potential interference or to per- nels in the band 12.70–13.20 GHz subject mit a more efficient use. In situations to the condition that no harmful inter- where the number or the arrangement ference is caused to fixed CARS sta- of channels available in these groups is tions authorized at the time of such not adequate, or in order to avoid po- grants. Translator Relay stations are tential interference, or in order to assigned on a secondary basis. New achieve the required VHF channeliza- CARS stations shall not cause harmful tion arrangement on the cable tele- interference to television STL and vision system or for repeated oper- intercity relay stations authorized at ations, or for two way transmission, or the time of such grants. Television upon the showing of other good cause, pickup stations and CARS pickup sta- the use of channels in the Groups C, D, tions will be assigned channels in the E or F and those frequencies listed in band on a co-equal basis subject to the paragraph (a)(4)(ii) of this section may conditions that they accept inter- be authorized. Applicants are encour- ference from and cause no interference aged to apply for adjacent channels to existing or subsequently authorized within each group of channels, except television STL, television intercity that different channel arrangements relay, or fixed CARS stations. Channels may be authorized when required to in the 13.150–13.200 GHz band will be as- conform to the required channelization

697

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00697 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.19 47 CFR Ch. I (10–1–99 Edition)

arrangement at VHF on the cable tele- of an application completed in accord- vision system, when it is necessary to ance with the instructions thereon. transmit non-adjacent off-the-air chan- (k) Applicants for Group K channels nels or signals intended to fill non-ad- shall apply for adjacent channels and jacent slots in the spectrum, or to the requested channels shall overlap avoid potential interference, or upon the least possible number of Group A other showing of good cause. channels, except that different channel (f) For vestigial sideband AM trans- arrangements may be authorized upon mission, the assigned visual carrier fre- an adequate showing that the foregoing quency for each channel listed in arrangement cannot be used or would Groups C, D, E or F and those fre- be contrary to the public interest, or in quencies listed in paragraph (a)(4)(ii) of order to avoid potential interference or this section shall be 1.25 MHz above the to permit a more efficient use. lower channel-edge frequency. The cen- (l) The band 13.15–13.20 GHz is re- ter frequency for the accompanying served exclusively for the assignment FM aural carrier in each channel shall of CARS Pickup and Television Pickup stations on a co-equal basis within a 50 be 4.5 MHz above the corresponding vis- km radius of each of the 100 television ual carrier frequency. markets delineated in § 76.51. Fixed (g) For CARS stations using double Television Auxiliary stations licensed sideband AM transmission or FM pursuant to applications accepted for transmission with authorized band- filing before September 1, 1979, may width of no more than 12.5 MHz, Group continue operation on channels in the K channels normally will be assigned 13.15–13.20 GHz band, subject to peri- to a station, although upon adequate odic license renewals. showing variations in the use of channels in Group K may be authorized on [37 FR 3292, Feb. 12, 1972. Redesignated at 37 a case-by-case basis in order to avoid FR 15926, Aug. 8, 1972.] potential interference or to permit a EDITORIAL NOTE: For FEDERAL REGISTER ci- more efficient use. tations affecting § 78.18, see the List of CFR (h) For double sideband AM trans- Sections Affected in the Finding Aids section of this volume. mission, the assigned carrier frequency for each channel listed in Group K § 78.19 Interference. shall be 6.25 MHz above the lower boundary frequency for each channel, (a) Applications for CARS stations and the sideband frequencies cor- shall endeavor to select an assignable responding to the carrier frequency of frequency or frequencies which will be the accompanying FM aural signal least likely to result in interference to shall be 4.5 MHz above and below the other licensees in the same area since visual carrier frequency. the FCC itself does not undertake frequency coordination. (i) All stations shall employ no more (b) Applicants for CARS stations than a 12.5 MHz authorized bandwidth shall take full advantage of all known per channel except in any one or more techniques, such as the geometric ar- of the following circumstances: rangement of transmitters and receiv- (1) The station is a CARS pickup sta- ers, the use of minimum power re- tion; quired to provide the needed service, (2) The transmission path is more and the use of highly directive trans- than 16.1 km (10 miles) in length; mitting and receiving antenna sys- (3) The station was authorized or an tems, to prevent interference to the re- application was on file therefor prior to ception of television STL, television July 26, 1973. intercity relay, and other CARS sta- (4) Other good cause has been shown tions. that use of a bandwidth of 12.5 MHz or (c)(1) Radio Astronomy and Radio Re- less per channel would be inefficient, search Installations. In order to mini- impractical, or otherwise contrary to mize harmful interference at the Na- the public interest. tional Radio Astronomy Observatory (j) Should any conflict arise among site located at Green Bank, Pocahontas applications for stations in this band, County, W. Va., and at the Naval Radio priority will be based on the filing date Research Observatory at Sugar Grove,

698

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00698 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.19

Pendleton County, W.Va., an applicant shall be made prior to, or simulta- for authority to construct a CARS sta- neously with, the filing of the application, except a CARS pickup station, or tion with the Commission. The notifi- for authority to make changes in the cation shall state the geographical co- frequency, power, antenna height, or ordinates of the transmit antenna antenna directivity of an existing sta- (NAD–83 datum), antenna height above tion within the area bounded by 39°15′ ground, ground elevation at the an- N. on the north, 78°30′ W. on the east, tenna, antenna directivity and gain, 37°30′ N. on the south and 80°30′ W. on proposed frequency and FCC Rule Part, the west shall, at the time of filing type of emission, effective isotropic ra- such application with the Commission, diated power, and whether the proposed simultaneously notify the Director, use is itinerant. Generally, submission National Radio Astronomy Observ- of the information in the technical por- atory, Post Office Box No. 2, Green tion of the FCC license application is Bank, WV 24944, in writing, of the tech- adequate notification. In addition, the nical particulars of the proposed sta- applicant shall indicate in its application. Such notification shall include tion to the Commission the date notifi- the geographical coordinates of the an- cation was made to the Arecibo Observ- tenna, antenna height, antenna direc- atory. tivity if any, proposed frequency, type (ii) After receipt of such applications, of emission, and power. In addition, the the Commission will allow the Arecibo applicant shall indicate in his applica- Observatory a period of 20 days for tion to the Commission the date notifi- comments or objections in response to cation was made to the Observatory. the notification indicated. The appli- After receipt of such application, the cant will be required to make reason- Commission will allow a period of 20 able efforts in order to resolve or miti- days for comments or objections in re- gate any potential interference prob- sponse to the notifications indicated. If lem with the Arecibo Observatory and an objection to the proposed operation to file either an amendment to the ap- is received during the 20-day period plication or a modification application, from the National Radio Astronomy as appropriate. If the Commission de- Observatory for itself or on behalf of the Naval Radio Research Observatory, termines that an applicant has satis- the Commission will consider all as- fied its responsibility to make reason- pects of the problem and take whatever able efforts to protect the Observatory action is deemed appropriate. from interference, its application may (2) Any applicant for a new perma- be granted. nent base or fixed station authoriza- (iii) The provisions of this paragraph tion to be located on the islands of do not apply to operations that trans- Puerto Rico, Desecheo, Mona, Vieques, mit on frequencies above 15 GHz. and Culebra, or for a modification of an (d) Protection for Table Mountain existing authorization which would Radio Receiving Zone, Boulder County, change the frequency, power, antenna Colorado: Applicants for a station au- height, directivity, or location of a sta- thorization to operate in the vicinity tion on these islands and would in- of Boulder County, Colorado under this crease the likelihood of the authorized part are advised to give due consider- facility causing interference, shall no- ation, prior to filing applications, to tify the Interference Office, Arecibo the need to protect the Table Mountain Observatory, Post Office Box 995, Are- Radio Receiving Zone from harmful in- cibo, Puerto Rico 00613, in writing or terference. These are the research lab- electronically, of the technical param- oratories of the Department of Com- eters of the proposal. Applicants may merce, Boulder County, Colorado. To wish to consult interference guidelines, prevent degradation of the present am- which will be provided by Cornell Uni- bient radio signal level at the site, the versity. Applicants who choose to Department of Commerce seeks to en- transmit information electronically sure that the field strengths of any ra- should e-mail to: [email protected] diated signals (excluding reflected sig- (i) The notification to the Inter- nals) received on this 1800 acre site (in ference Office, Arecibo Observatory the vicinity of coordinates 40°07′50′′N

699

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00699 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.19 47 CFR Ch. I (10–1–99 Edition)

Latitude, 105°14′40′′W Longitude) result- (3) The Commission will not screen ing from new assignments (other than applications to determine whether ad- mobile stations) or from the modifica- vance consultation has taken place. tion or relocation of existing facilities However, applicants are advised that do not exceed the following values: such consultation can avoid objections from the Department of Commerce or In authorized bandwidth of service proceedings to modify any authorization which may be granted which, in Frequency range Field Power flux strength density 1 fact, delivers a signal at the site in ex- (mV/m) (dBW/m2) cess of the field strength specified Below 540 kHz ...... 10 ¥65.8 herein. 540 to 1600 kHz ...... 20 ¥59.8 (e) Protection for Federal Commu- 1.6 to 470 MHz ...... 10 2 ¥65.8 nications Commission monitoring sta- 470 to 890 MHz ...... 30 2 ¥56.2 tions: Above 890 MHz ...... 1 2 ¥85.8 (1) Applicants in the vicinity of an 1 Equivalent values of power flux density are caculated as- FCC monitoring station for a radio sta- suming free space characteristic impedance of 376.7=120π ohms. tion authorization to operate new 2 Space stations shall conform to the power flux density lim- transmitting facilities or changed its at the earth's surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in transmitting facilities which would in- any 4 kHz band for all angles of arrival. crease the field strength produced over (1) Advance consultation is the monitoring station over that pre- recomended particularly for those ap- viously authorized are advised to give plicants who have no reliable data consideration, prior to filing applica- which indicates whether the field tions, to the possible need to protect strength or power flux density figures the FCC stations from harmful inter- in the above table would be exceeded ference. Geographical coordinates of by their proposed radio facilities (ex- the facilities which require protection cept mobile stations). In such in- are listed in § 0.121(c) of the Commis- stances, the following is a suggested sion’s Rules. Applications for stations guide for determining whether coordi- (except mobile stations) which will nation is recommended: produce on any frequency a direct wave (i) All stations within 2.4 km (1.5 fundamental field strength of greater statute miles); than 10 mV/m in the authorized band- (ii) Stations within 4.8 km (3 statute width of service (¥65.8 dBW/m2 power miles) with 50 watts or more effective flux density assuming a free space radiated power (ERP) in the primary characteristic impedance of 120 ohms) plane of polarization in the azimuthal at the referenced coordinates, may be direction of the Table Mountain Radio examined to determine extent of pos- Receiving Zone; sible interference. Depending on the (iii) Stations within 16 km (10 statute theoretical field strength value and ex- miles) with 1 kW or more ERP in the isting root-sum-square or other ambi- primary plane of polarization in the az- ent radio field signal levels at the indi- imuthal direction of the Table Moun- cated coordinates, a clause protecting tain Radio Receiving Zone; the monitoring station may be added (iv) Stations within 80 km (50 statute to the station authorization. miles) with 25 kW or more ERP in the (2) In the event that calculated value primary plane of polarization in the az- of expected field exceeds 10 mV/m imuthal direction of the Table Moun- (¥65.8 dBW/m2) at the reference coordi- tain Radio Receiving Zone. nates, or if there is any question (2) Applicants concerned are urged to whether field strength levels might ex- communicate with the Radio Fre- ceed the threshold value, advance con- quency Management Coordinator, De- sultation with the FCC to discuss any partment of Commerce, Research Sup- protection necessary should be consid- port Services, NOAA R/E5X2, Boulder ered. Prospective applicants may com- Laboratories, Boulder, CO 80303; tele- municate with: Chief, Compliance and phone (303) 497–6548, in advance of filing Information Bureau, Federal Commu- their applications with the Commis- nications Commission, Washington, sion. D.C. 20554, Telephone (202) 632–6980.

700

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00700 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.19

(3) Advance consultation is suggested CO) and within a 50 km radius of particularly for those applicants who 38°48′00″ N Lat. and 76°52′00″ W Long. have no reliable data which indicates (Washington, DC). whether the field strength or power (2) To minimize or avoid harmful in- flux density figure indicated would be terference to Government Satellite exceeded by their proposed radio facili- Earth Stations located in the Denver, ties (except mobile stations). In such Colorado and Washington, DC areas, instances, the following is a suggested any application for a new station li- guide for determining whether an ap- cense to operate in the 17.8-19.7 GHz plicant should coordinate: band, or for modification of an existing (i) All stations within 2.4 kilometers station license in this band which (1.5 statute miles); would change the frequency, power, (ii) Stations within 4.8 kilometers (3 emission, modulation, polarization, an- statute miles) with 50 watts or more tenna height or directivity, or location average effective radiated power (ERP) of such a station, must be coordinated in the primary plane of polarization in with the Federal Government by the the azimuthal direction of the Moni- Commission before an authorization toring Stations. will be issued, if the station or pro- (iii) Stations within 16 kilometers (10 statute miles) with 1 kW or more aver- posed station is located in whole or in age ERP in the primary plane of polar- part within any of the areas defined by ization in the azimuthal direction of the following rectangles or circles: the Monitoring Station; (i) A circular area within a 5 km ra- (iv) Stations within 80 kilometers (50 dius of 39°40′23″ N Lat. and 105°13′03″ W statute miles) with 25 kW or more av- Long. (Morrison, CO) erage ERP in the primary plane of po- (ii) Within the rectangular areas de- larization in the azimuthal direction of fined as follows (vicinity of Denver, the Monitoring Station; CO): (4) Advance coordination for stations Rectangle 1: operating above 1000 MHz is rec- 414°30′00″ N. Lat. on the north ommended only where the proposed 103°10′00″ W. Long. on the east station is in the vicinity of a moni- 38°30′00″ N. Lat. on the south toring station designated as a satellite 106°30′00″ W. Long. on the west monitoring facility in section 0.121(c) Rectangle 2: of the Commission’s Rules and also 38°30′00″ N. Lat. on the north meets the criteria outlined in para- 105°00′00″ W. Long. on the east graphs (f) (2) and (3) of this section. 37°30′00″ N. Lat. on the south (5) The Commission will not screen 105°50′00″ W. Long. on the west applications to determine whether ad- Rectangle 3: vance consultation has taken place. 40°08′00″ N. Lat. on the north However, applicants are advised that 107°00′00″ W. Long. on the east such consultation can avoid objections 39°56′00″ N. Lat. on the south from the Federal Communications 107°15′00″ W. Long. on the west Commission or modification of any authorization which will cause harmful (iii) Within the rectangle and circle areas as follows (vicinity of Washington, DC): interference. (f) Protection to the Federal Govern- Rectangle ment’s receive earth station perations 38°40′00″ N. Lat. on the north in the Denver, Colorado and Wash- 78°50′00″ W. Long. on the east ington D.C. areas in the 17,800 to 19,700 38°10′00″ N. Lat. on the south MHz band. 79°20′00″ W. Long. on the west or (1) With the exception of applicants or for a station authorization to operate within a 5 km radius of 39°40′23″ N Lat. (iv) Within a radius of 178 km of 38°48′00″ N. and 105°13′03″ W Long (Morrison, CO), Lat. / 76°52′00″ W. Long. applicants will not be authorized to op- NOTE TO § 78.19: The coordinates cited in erate within a 50 km radius of 39°43′00″ this section are specified in terms of the N Lat. and 104°46′00″ W Long. (Denver, ‘‘North American Datum of 1983 (NAD 83)’’

701

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00701 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.20 47 CFR Ch. I (10–1–99 Edition)

with an accuracy of ¥30 meters with respect prejudice as a matter of right prior to to the ‘‘National Spacial Reference System.’’ the adoption date of any final action taken by the Commission with respect [37 FR 3292, Feb. 12, 1972, as amended at 37 FR 15926, Aug. 8, 1972; 37 FR 26733, Dec. 15, to the application. An applicant’s re- 1972; 38 FR 1920, Jan. 19, 1973; 42 FR 33037, quest for the return of an application June 29, 1977; 44 FR 77167, Dec. 31, 1979; 45 FR will be regarded as a request for dis- 78694, Nov. 26, 1980; 50 FR 32418, Aug. 12, 1985; missal. 50 FR 40863, Oct. 7, 1985; 50 FR 45406, Oct. 31, (b) Failure to prosecute an applica- 1985; 58 FR 44952, Aug. 25, 1993; 61 FR 8478, Mar. 5, 1996; 62 FR 55533, 55538, Oct. 27, 1997] tion, or failure to respond to official correspondence or request for addi- § 78.20 Acceptance of applications; tional information, will be cause for public notice. dismissal. Such dismissal will be with- (a) Applications which are tendered out prejudice if it occurs prior to the for filing in Washington, DC, are dated adoption date of any final action taken upon receipt and then forwarded to the by the Commission with respect to the Mass Media Bureau where an adminis- application. trative examination is made to ascertain whether the applications are com- [37 FR 15927, Aug. 8, 1972] plete. Applications found to be com- § 78.22 Objections to applications. plete or substantially complete, are accepted for filing and are given a file (a) Any party in interest may file a number. In case of minor defects as to petition to deny any application completeness, the applicant will be re- (whether as originally filed or as quired to supply the missing informa- amended) no later than thirty (30) days tion. Applications which are not sub- after issuance of a public notice of the stantially complete will be returned to acceptance for filing of any such appli- the applicant. Applications requiring cation or amendment thereto. Peti- fees as set forth at Part 1, Subpart G of tions to deny shall contain specific al- this chapter must be filed in accord- legations of fact sufficient to show that ance with § 0.401(b) of the rules. the petitioner is a party in interest and (b) Acceptance of an application for that a grant of the application would filing means only that it has been the be prima facie inconsistent with the subject of a preliminary review by the public interest, convenience, and ne- Commission’s administrative staff as cessity. Such allegations of fact shall, to completeness. Applications which except for those of which official notice are determined to be clearly not in ac- may be taken, be supported by affi- cordance with the Commission’s rules or other requirements, unless accom- davit of a person or persons with per- panied by an appropriate request for sonal knowledge thereof. waiver, will be considered defective and (b) The applicant may file an opposi- will not be accepted for filing, or if in- tion to any petition to deny, and the advertently accepted for filing, will be petitioner may file a reply to such op- dismissed. Requests for waiver shall position (see § 1.45 of this chapter), in show the nature of the waiver or excep- which allegations of fact or denials tion desired and shall set forth the rea- thereof shall be supported by affidavit sons in support thereof. of a person or persons with personal (c) The Commission will give public knowledge thereof. notice of all applications and major (c) Notwithstanding the provisions of amendments thereto which have been paragraph (a) of this section, before accepted for filing. No application shall Commission action on any application be acted on less than thirty (30) days for an instrument of authorization, any from the date of public notice. person may file informal objections to [37 FR 15926, Aug. 8, 1972, as amended at 52 the grant. Such objections may be sub- FR 10231, Mar. 31, 1987] mitted in letter form (without extra copies) and shall be signed by the ob- § 78.21 Dismissal of applications. jector. The limitation on pleadings and (a) Any application may, on request time for filing pleadings provided for in of the applicant, be dismissed without

702

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00702 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.31

§ 1.45 of this chapter shall not be appli- (2) CARS licensees needing additional cable to any objections duly filed pur- time to complete construction of the suant to this paragraph. station and commence operation shall request an extension of time 30 days [37 FR 15927, Aug. 8, 1972, as amended at 50 before the expiration of the one year FR 23421, June 4, 1985] construction period. Exceptions to the § 78.23 Equipment tests. 30-day advance filing requirement may be granted where unanticipated delays (a) Following the grant of a CARS li- occur. cense, the licensee, during the process of construction of the station, may, [50 FR 23421, June 4, 1985, as amended at 55 without further authority from the FR 46015, Oct. 31, 1990] Commission, conduct equipment tests § 78.29 License period. for the purpose of such adjustments and measurements as may be necessary Licenses for CARS stations will be to assure compliance with the terms of issued for a period not to exceed five (5) the authorization, the technical provi- years. On and after February 1, 1966, li- sions of the application therefore, the censes for CARS stations ordinarily rules and regulations, and the applica- will be issued for a period expiring on ble engineering standards. February 1, 1971, and, when regularly (b) The Commission may notify the renewed, at 5-year intervals thereafter. licensee to conduct no tests or may When a license is granted subsequent cancel, suspend, or change the date for to the last renewal date for CARS sta- the beginning of equipment tests as tions, the license will be issued only for and when such action may appear to be the unexpired period of the current li- in the public interest, convenience, and cense term of such stations. The li- necessity. cense renewal date applicable to CARS (c) The test authorized in this section stations may be varied as necessary to shall be conducted only as a necessary permit the orderly processing of re- part of construction. newal applications, and individual station licenses may be granted or renwed [50 FR 23421, June 4, 1985] for a shorter period of time than that generally prescribed for CARS stations, § 78.27 License conditions. if the Commission finds that the public (a) Authorizations (including initial interest, convenience, and necessity grants, modifications, assignments or would be served by such action. transfers of control, and renewals) in the Cable Television Relay Service to § 78.31 Temporary extension of license. serve cable television systems and Where there is pending before the other eligible systems, shall contain Commission any application, investiga- the condition that cable television sys- tion, or proceeding which, after hear- tems shall operate in compliance with ing, might lead to or make necessary the provisions of part 76 (Cable Tele- the modification of, revocation of or vision Service) of this chapter and that the refusal to renew an existing cable other eligible systems shall operate in television relay station license, the compliance with the provisions of part Commission will grant a temporary ex- 21 and part 74 of this chapter. tension of such license: Provided, how- (b) CARS stations licensed under this ever, That no such temporary extension subpart are required to commence op- shall be construed as a finding by the eration within one year of the date of Commission that the operation of any the license grant. CARS station thereunder will serve the (1) The licensee of a CARS station public interest, convenience, and ne- shall notify the Commission in writing cessity beyond the express terms of when the station commences oper- such temporary extension of license: ation. Such noitification shall be sub- And provided, further, That such tem- mitted on or before the last day of the porary extension of license will in no- authorized one year construction pe- wise affect or limit the action of the riod; otherwise, the station license Commission with respect to any pend- shall be automatically forfeited. ing application or proceeding.

703

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00703 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.33 47 CFR Ch. I (10–1–99 Edition)

§ 78.33 Special temporary authority. to other services may be requested on a (a) Notwithstanding the require- showing that operation thereon will ments of §§ 78.15 and 78.20, in cir- not cause interference to established cumstances requiring immediate or stations: And provided, further, That in temporary use of facilities, a request no case will a cable television relay may be made for special temporary au- service operation be authorized on fre- thority to install and operate new quencies employed for the safety of life equipment or to operate licensed equip- and property; ment in a manner different from that (10) Plate power input to final radio authorized in a station license. Any frequency stage; such request may be in letter form, and (11) Type of emission; shall be submitted in duplicate: Pro- (12) Description of antenna to be vided, however, That in cases of emer- used, including height. In the event gency involving danger to life or prop- that the proposed antenna installa- erty or due to damage to equipment, tions will increase the height of any such request may be made by telephone natural formation, or existing man- or telegraph with the understanding made structure, by more than 6.1 me- that a written request shall be sub- ters (20 feet), a vertical plan sketch mitted within ten (10) days thereafter. showing the height of the structures (b) Special temporary authority may proposed to be erected, the height also be requested to conduct a field above ground of any existing structure, survey to determine necessary data in the elevation of the site above mean connection with the preparation of a sea level, and the geographic coordi- formal application for installation of a nates of the proposed sites shall be sub- radio system under this part. Such au- mitted with the application. thority may be granted to equipment (d) Except in emergencies involving suppliers and others who are not opera- safety of life or property or due to tors of cable television systems or damage to equipment, a request for other eligible systems, as well as to special temporary authority shall be cable operators or other eligible sys- filed at least ten (10) days prior to the tem operators, to conduct equipment, date of proposed operation, or shall be program, service, and path tests. accompanied by a statement of reasons (c) Any request for special temporary for the delay in submitting such re- authority shall be clear and complete quest. within itself as to the authority re- (e) If the Commission finds that spe- quested. In addition, such requests cial temporary authority is in the pub- shall contain the following informa- lic interest, it may grant such author- tion: ity for a period not exceeding ninety (1) Name, address, and citizenship of (90) days, and, on a like finding, may applicant; extend such authority for one addi- (2) Grounds for special action, includ- tional period not to exceed ninety (90) ing a description of any emergency or days. damage to equipment; [37 FR 15927, Aug. 8, 1972, as amended at 55 (3) Type of operation to be conducted; FR 46015, Oct. 31, 1990; 58 FR 44952, Aug. 25, (4) Purpose of operation; 1993] (5) Time and date of proposed operation; § 78.35 Assignment or transfer of con- (6) Class of station and nature of trol. service; (a) No assignment of the license of a (7) Location of station; cable television relay station or trans- (8) Equipment to be used, specifying fer of control of a CARS licensee shall manufacturer, model number, and occur without prior FCC authorization. number of units; (b) If an assignment or transfer of (9) Frequency or frequencies desired, control does not involve a substantial consistent with § 78.18: Provided, how- change of interests, the provisions of ever, That in the case of events of wide- §§ 78.20(c) and 78.22, concerning public spread interest and importance that notice and objections, shall be waived. cannot be transmitted successfully on (c) Licensees of CARS stations are these frequencies, frequencies assigned not required to submit applications for

704

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00704 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.51

assignment or transfer of control or (i) Co-channel interference: For both otherwise notify the FCC in cases sideband and carrier-beat, (applicable where the change in ownership does to all bands) the previously authorized not affect the identity or controlling system shall be afforded a carrier to interest of the licensee. interfering signal protection ratio of at [37 FR 15927, Aug. 8, 1972, as amended at 50 least 90 dB. FR 23421, June 4, 1985] (ii) Adjacent channel interference: The existing or previously authorized § 78.36 Frequency coordination. system shall be afforded a carrier to (a) 12.7–13.25 GHz. Coordination of interfering signal protection ratio of at fixed and mobile assignments will be in least 56 dB. accordance with the procedures set (b) 6425–6525 MHz and 17.7–19.7 GHz. forth below. Coordination of fixed and mobile as- (1) Before filing an application for signments will be in accordances with new or modified facilities under this the procedure established in § 21.100(d), part the applicant must perform a fre- except that the prior coordination proc- quency engineering analysis to ensure ess for mobile (temporary fixed) assign- that the proposed facilities will not ments may be completed orally and the cause interference to existing or pre- period allowed for response to a coordi- viously applied for stations in this nation notification may be less than 30 band of a magnitude greater than that days if the parties agree. specified below. [48 FR 50736, Nov. 3, 1983, as amended at 52 (2) The general criteria for deter- FR 7144, Mar. 9, 1987] mining allowable adjacent or co-channel interference protection to be afforded, regardless of system length or Subpart C—General Operating type of modulation, multiplexing or Requirements frequency band shall be such that the interfering signal shall not produce § 78.51 Remote control operation. more than 1.0 dB degradation of the (a) A CARS station may be operated practical threshold of the protected re- by remote control: Provided, That such ceiver. The degradation is determined operation is conducted in accordance by calculating the ratio in dB between with the conditions listed below: And the desired carrier signal and undesired provided further, That the Commission, interfering signal (C/I ratio) appearing in Washington, DC, is notified at least at the input to the receiver under in- 10 days prior to the beginning of such vestigation (the victim receiver). The operation and that such notification is development of the C/I ratios from the accompanied by a detailed description criteria for maximum allowable inter- showing the manner of compliance ference level per exposure and the with the following conditions: methods used to perform path calcula- (1) The transmitter and associated tions shall follow generally acceptable control system shall be installed and good engineering practices. Procedures as may be developed by the Electronics protected in a manner designed to pre- Industries Association (EIA), the Insti- vent tampering or operation by unau- tute of Electrical and Electronics Engi- thorized persons. neers, Inc. (IEEE), the American Na- (2) An operator shall be on duty at tional Standards Institute (ANSI) or the remote control position and in ac- any other recognized authority will be tual charge thereof at all times when acceptable to the Commission. the station is in operation. (3) Where the development of the car- (3) Facilities shall be provided at the rier to interference ratio (C/I) is not control position which will permit the covered by generally acceptable proce- operator to turn the transmitter on dures or where the applicant does not and off at will. The control position wish to develop the carrier to inter- shall also be equipped with suitable de- ference ratio, the applicant shall em- vices for observing the overall charac- ploy the following C/I protection ra- teristics of the transmissions and a tios: carrier operated device which will give

705

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00705 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.53 47 CFR Ch. I (10–1–99 Edition)

a continuous visual indication when- will assure expeditious performance of ever the transmitting antenna is radi- such technical servicing and mainte- ating a signal. The transmitting appa- nance as may be necessary whenever ratus shall be inspected as often as the station is operating. In lieu there- may be necessary to insure proper op- of, arrangements may be made to have eration. a person or persons available at all (4) The control circuits shall be so de- times when the transmitter is oper- signed and installed that short cir- ating, to turn the transmitter off in cuits, open circuits, other line faults, the event that it is operating improp- or any other cause which would result erly. The transmitter may not be re- in loss of control of the transmitter stored to operation until the malfunc- will automatically cause the trans- tion has been corrected by a tech- mitter to cease radiating. nically qualified person. (b) An application for authority to (4) The station licensee shall be re- construct a new station or to make sponsible for the proper operation of changes in the facilities of an existing the station at all times and is expected station and which proposes operation to provide for observations, servicing by remote control shall include an ade- and maintenance as often as may be quate showing of the manner of compli- necessary to ensure proper operation. ance with the requirements of this sec- All adjustments or tests during or co- tion. incident with the installation, serv- (c) The Commission may notify the icing, or maintenance of the station licensee not to commence remote con- which may affect its operation shall be trol operation, or to cancel, suspend, or performed by or under the immediate change the date of the beginning of supervision of a technically qualified such operation as and when such action person. may appear to be in the public interest, (b) The Commission may notify the convenience, or necessity. licensee not to commence unattended [37 FR 3292, Feb. 12, 1972, as amended at 41 operation, or to cancel, suspend, or FR 29695, July 19, 1976; 49 FR 20671, May 16, change the date of the beginning of 1984; 50 FR 23421, June 4, 1985] such operation as and when such action may appear to be in the public interest, § 78.53 Unattended operation. convenience, or necessity. (a) A CARS station may be operated unattended: Provided, That such oper- (Secs. 1, 2, 301, 307, 48 Stat., as amended 1064, ation is conducted in accordance with 1081, 1083; (47 U.S.C. 151, 152, 301, 307)) the conditions listed below: And pro- [37 FR 3292, Feb. 12, 1972, as amended at 41 vided further, That the Commission, in FR 29695, July 19, 1976; 42 FR 61864, Dec. 7, Washington, DC, is notified at least 10 1977; 43 FR 4617, Feb. 3, 1978; 43 FR 25127, days prior to the beginning of unat- June 9, 1978; 49 FR 20671, May 16, 1984; 50 FR tended operation if such operation is 23422, June 4, 1985; 50 FR 32418, Aug. 12, 1985] not indicated on the station authorization. § 78.55 Time of operation. (1) The transmitter and associated A CARS station is not expected to control circuits shall be installed and adhere to any prescribed schedule of protected in a manner designed to pre- operation. Continous radiation of the vent tampering or operation by unau- carrier without modulation is per- thorized persons. mitted provided harmful interference (2) If the transmitting apparatus is is not caused to other authorized sta- located at a site which is not readily tions. accessible at all hours and in all seasons, means shall be provided for turn- [43 FR 25127, June 9, 1978] ing the transmitter on and off at will from a location which can be reached § 78.57 Station inspection. promptly at all hours and in all sea- The station and all records required sons. to be kept by the licensee shall be (3) Personnel responsible for the made available for inspection upon re- maintenance of the station shall be quest by any authorized representative available on call at a location which of the Commission.

706

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00706 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.63

§ 78.59 Posting of station and operator (b) Any transmitter tests, adjust- licenses. ments, or repairs during or coincident (a) The station license and any other with the installation, servicing, oper- instrument of authorization or indi- ation or maintenance of a CARS sta- vidual order concerning the construction which may affect the proper oper- tion or the equipment or manner of op- ation of such station shall be made by eration shall be posted at the place or under the immediate supervision where the transmitter is located, so and responsibility of a person respon- that all terms thereof are visible ex- sible for proper functioning of the sta- cept as otherwise provided in para- tion equipment. graphs (b) and (c) of this section. (c) The operator on duty and in (b) In cases where the transmitter is charge of a CARS station may, at the operated by remote control, the docu- discretion of the licensee, be employed ments referred to in paragraph (a) of for other duties or for the operation of this section shall be posted in the man- another station or stations in accord- ner described at the control point of ance with the rules governing such sta- the transmitter. tions. However, such duties shall in no way impair or impede the required su- (c) In cases where the transmitter is operated unattended, the name of the pervision of the CARS station. licensee and the call sign of the unat- (d) CARS stations operating with tended station shall be displayed at the nominal transmitter power of 250 transmitter site on the structure sup- milliwatts or less may be operated by porting the transmitting antenna, so any person whom the licensee shall as to be visible to a person standing on designate. Pursuant to this provision, the ground at the transmitter site. The the designated person shall perform as display shall be prepared so as to with- the licensee’s agent and proper oper- stand normal weathering for a reason- ation of the station shall remain the liable period of time and shall be main- censee’s responsibility. tained in a legible condition at all (e) Mobile CARS stations operating times by the licensee. The station li- with nominal transmitter power in ex- cense and other documents referred to cess of 250 milliwatts may be operated in paragraph (a) of this section shall be by any person whom the licensee shall kept at the nearest attended station designate: Provided that a person is on or, in cases where the licensee of the duty at a receiving end of the circuit to unattended station does not operate at- supervise operation and to imme- tended stations, at the point of des- diately institute measures sufficient to tination of the signals relayed by the assure prompt correction of any condi- unattended station. tion of improper operation that may be observed. [37 FR 3292, Feb. 12, 1972, as amended at 49 FR 20671, May 16, 1984] (Secs. 1, 2, 301, 307, 48 Stat., as amended, 1064, 1081, 1083; (47 U.S.C. 151, 152, 301, 307)) § 78.61 Operator requirements. [43 FR 4617, Feb. 3, 1978, as amended at 49 FR (a) Except in cases where a CARS 20671, May 16, 1984; 50 FR 32418, Aug. 12, 1985] station is operated unattended in accordance with § 78.53 or except as pro- § 78.63 Antenna structure marking and vided in other paragraphs of this sec- lighting. tion, a person shall be on duty at the The owner of each antenna structure place where the transmitting appa- is responsible for ensuring that the ratus is located, in plain view and in structure, if required, is painted and/or actual charge of its operation or at a illuminated in accordance with part 17 remote control point established pursu- of this chapter. In the event of default ant to the provision of § 78.51, at all by the owner, each licensee shall be re- times when the station is in operation. sponsible for ensuring that the struc- Control and monitoring equipment at a ture complies with applicable painting remote control point shall be readily and lighting requirements. accessible and clearly visible to the operator at that position. [61 FR 4368, Feb. 6, 1996]

707

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00707 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.65 47 CFR Ch. I (10–1–99 Edition)

§ 78.65 Additional orders. (1) The time the tower lights are turned on and off each day, if manually In case the rules of this part do not controlled. cover all phases of operation with re- (2) The time the daily check of proper spect to external effects, the Commis- operation of the tower lights was made, sion may make supplemental or addi- if an automatic alarm system is not tional orders in each case as may be employed. deemed necessary. (3) In the event of any observed or otherwise known failure of a tower § 78.67 Copies of rules. light: The licensee of a CARS station shall (i) Nature of such failure. have a current copy of this part 78, and, (ii) Date and time the failure was ob- in cases where aeronautical obstruc- served or otherwise noted. tion marking of antennas is required, (iii) Date, time, and nature of the ad- part 17 of this chapter shall be avail- justments, repairs, or replacements able for use by the operator in charge. made. Both the licensee and the operator or (iv) Identification of Flight Service operators responsible for the proper op- Station (Federal Aviation Administra- eration of the station are expected to tion) notified of the failure of any code be familiar with the rules governing or rotating beacon light not corrected CARS stations. Copies of the Commis- within 30 minutes, and the date and sion’s rules may be obtained from the time such notice was given. Superintendent of Documents, Govern- (v) Date and time notice was given to ment Printing Office, Washington, DC the Flight Service Station (Federal 20402, at nominal cost. Aviation Administration) that the required illumination was resumed. § 78.69 Station records. (4) Upon completion of the 3-month Each licensee of a CARS station shall periodic inspection required by maintain records showing the fol- § 78.63(c): lowing: (i) The date of the inspection and the (a) For all attended or remotely con- condition of all tower lights and associ- trolled stations, the date and time of ated tower lighting control devices, indicators, and alarm systems. the beginning and end of each period of (ii) Any adjustments, replacements, transmission of each channel; or repairs made to insure compliance (b) For all stations, the date and with the lighting requirements and the time of any unscheduled interruptions date such adjustments, replacements, to the transmissions of the station, the or repairs were made. duration of such interruptions, and the (f) For all stations, station record en- causes thereof; tries shall be made in an orderly and (c) For all stations, the results and legible manner by the person or per- dates of the frequency measurements sons competent to do so, having actual made pursuant to § 78.113 and the name knowledge of the facts required, who of the person or persons making the shall sign the station record when measurements; starting duty and again when going off (d) For all stations, when service or duty. maintenance duties are performed, (g) For all stations, no station record which may affect a station’s proper op- or portion thereof shall be erased, ob- eration, the responsible operator shall literated, or willfully destroyed within sign and date an entry in the station’s the period of retention required by records, giving: rule. Any necessary correction may be (1) Pertinent details of all trans- made only by the person who made the mitter adjustments performed by the original entry who shall strike out the operator or under the operator’s super- erroneous portion, initial the correc- vision. tion made, and show the date the cor- (e) When a station in this service has rection was made. an antenna structure which is required (h) For all stations, station records to be illuminated, appropriate entries shall be retained for a period of not less shall be made as follows: than 2 years. The Commission reserves

708

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00708 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.103

the right to order retention of station § 78.75 Equal employment opportuni- records for a longer period of time. In ties. cases where the licensee or permittee See Subpart E, Part 76 of this chap- has notice of any claim or complaint, ter. the station record shall be retained until such claim or complaint has been [51 FR 9966, Mar. 24, 1986] fully satisfied or until the same has been barred by statute limiting the Subpart D—Technical Regulations time for filing of suits upon such § 78.101 Power limitations. claims. (a) On any authorized frequency, the [41 FR 29695, July 19, 1976, as amended at 49 average power delivered to an antenna FR 20672, May 16, 1984; 50 FR 23422, June 4, shall be the minimum amount of power 1985] necessary to carry out the communications desired. In no event shall the average transmitter power or equivalent isotropically radiated power (EIRP) exceed the values specified below.

Maximum allowable trans- Maximum allowable EIRP Frequency band (MHz) mitter power Fixed (W) Mobile (W) Fixed (dBW) Mobile (dBW)

1,990 to 2,110 ...... 20.0 ...... 6,425 to 6,525 ...... 20.0 ...... +35 6,875 to 7,125 ...... 20.0 ...... +35 12,700 to 13,250 ...... 5.0 1.5 +55 +45 17,700 to 18,600 ...... 10.0 ...... +55 ...... 18,600 to 18,800 ...... 1 10.0 ...... +35 ...... 18,800 to 19,700 ...... 10.0 ...... +55 ...... 31,000 to 31,300 ...... 0.05 0.05 ...... 1 The power delivered to the antenna is limited to ¥3 dBW.

(b) LDS stations shall use for the vis- accordance with the following sched- ual signal-vestigial sideband AM trans- ule: mission. When vestigial sideband AM (1) For stations using FM or double transmission is used the peak power of sideband AM transmission: the visual signal on all channels shall (i) On any frequency above the upper be maintained within 2 dB of equality. channel limit or below the lower chan- The mean power of the aural signal on nel limit by between zero and 50 per- each channel shall not exceed a level of cent of the authorized channel width: 7 dB below the peak power of the visual At least 25 decibels below the mean signal. power of the emission; [45 FR 78694, Nov. 26, 1980, as amended at 52 (ii) On any frequency above the upper FR 7144, Mar. 9, 1987] channel limit or below the lower channel limit by more than 50 percent and § 78.103 Emissions and emission limi- up to 150 percent of the authorized tations. channel width: At least 35 decibels (a) A CARS station may be author- below the mean power of the emission; ized to employ any type of emission, and for which there are technical standards (iii) On any frequency above the incorporated in Subpart D of this part, upper channel limit or below the lower suitable for the simultaneous trans- channel limit by more than 150 percent mission of visual and aural television of the authorized channel width: At signals. least 43+10 log10 (power in watts) deci- (b) Any emission appearing on a fre- bels below the mean power of the emis- quency outside of the channel author- sion. ized for a transmitter shall be attenu- (2) For CARS stations using vestigial ated below the power of the emission in sideband AM transmission: At least 50

709

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00709 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.104 47 CFR Ch. I (10–1–99 Edition)

decibels below the peak power of the tenuation than that specified in para- emission. graph (b) of this section. (c) For operation in the 17.7.7–19.7 (e) The maximum bandwidth that GHz band: will be authorized per frequency as- The mean power of any emission signment is set out in the table that shall be attenuated below the mean follows. Regardless of the maximum output power of the transmitter in ac- authorized bandwidth specified for cordance with the following schedule: each frequency band, the Commission (1) When using frequency modulation: reserves the right to issue a license for (i) On any frequency removed from less than the maximum bandwidth if it the assigned (center) frequency by appears that a bandwidth less than the more than 50% up to and including maximum would be sufficient to sup- 100% of the authorized bandwidth: At port an applicant’s intended commu- least 25 dB; nications. (ii) On any frequency removed from the assigned (center) frequency by Frequency band (MHz) Maximum authorized band- more than 100% up to and including width (MHz) 250% of the authorized bandwidth: At 1,990 to 2,110 ...... 17 or 18. least 35 dB; 6,425 to 6,525 ...... 8 or 25. (iii) On any frequency removed from 6,875 to 7,125 ...... 25. 12,700 to 13,250 ...... 25. the assigned (center) frequency by 17,700 to 19,700 ...... 80. more than 250% of the authorized band- 31,000 to 31,300 ...... 25 or 50. width: At least 43+10 log 10 (mean output power in watts) dB, or 80 dB, [37 FR 3292, Feb. 12, 1972, as amended at 37 whichever is the lesser attenuation. FR 15927, Aug. 8, 1972; 38 FR 16648, June 25, (2) When using digital modulation: 1973; 39 FR 26025, July 16, 1974; 48 FR 50736, (i) In any 1 MHz band, the center fre- Nov. 3, 1983; 49 FR 37779, Sept. 26, 1984; 52 FR quency of which is removed from the 7145, Mar. 9, 1987] assigned frequency by more than 50% up to and including 250% of the author- § 78.104 Authorized bandwidth and ized bandwidth: As specified by the fol- emission designator. lowing equation but in no event less (a) The authorized bandwidth per- than 11 dB. mitted to be used by a CARS station A=11+0.4 (P–50)+10 log B and specified in the station license 10 shall be the occupied or necessary where: bandwidth, whichever is greater, ex- A=Attenuation (in dB) below the mean out- cept when otherwise authorized by the put power level. P=Percent removed from the carrier fre- Commission in accordance with para- quency. graph (b) of this section. B=Authorized bandwidth in MHz. (b) As an exception to the provision of paragraph (a) of this section, the [Attenuation greater than 56 decibels Commission may approve requests to is not required.] base the authorized bandwidth for the (ii) In any 4 kHz band, the center fre- station on the lesser of the occupied or quency of which is removed from the necessary bandwidth where a persua- assigned frequency by more than 250% sive showing is made that: of the authorized bandwidth: At least (1) The frequency stability of the 43=10 log (mean output power in 10 transmitting equipment to be used will watts) dB, or 80 dB, whichever is the permit compliance with § 78.103(b)(1) lesser attenuation. (3) Amplitude Modulation: and, additionally, will permit 99 per- For vestigial sideband AM video: On cent of the total radiated power to be any frequency removed from the center kept within the frequency limits of the frequency of the authorized band by assigned channel. more than 50%: at least 50 dB below (c) The emission designator shall be peak power of the emission. specified in terms of the necessary (d) In the event that interference to bandwidth. (See § 2.201(a) of this chap- other stations is caused by emissions ter.) outside the authorized channel, the [39 FR 26025, July 16, 1974, as amended at 45 Commission may require greater at- FR 78694, Nov. 26, 1980]

710

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00710 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.105

§ 78.105 Antenna systems. terference problems can be resolved by (a) For fixed stations operating in the use of such antennas. the 12.7–13.2 and 17.7–19.07 GHz bands, (ii) Upon adequate showing of need to and for fixed and mobile stations oper- serve a larger sector, or more than a ating in the 31.0–31.3 GHz bands, the single sector, greater beamwidth or following standards apply: multiple antennas may be authorized. (1) Fixed CARS stations shall use di- Applicants shall request and authoriza- rectional antennas that meet the per- tion for stations in this service will formance standards indicated in the specify the polarization of each trans- following table. mitted signal. (i) Stations must employ an antenna (iii) Licensees shall comply with the that meets the performance standards antenna standards table shown in this for Category B. In areas subject to fre- paragraph in the following manner: quency congestion, where proposed fa- (A) With either the maximum beam- cilities would be precluded by contin- width to 3 dB points requirement or ued use of a Category B antenna, a Cat- with the minimum antenna gain re- egory A antenna must be employed. quirement; and The Commission may require the use of (B) With the minimum radiation sup- a high performance antenna where in- pression to angle requirement.

ANTENNA STANDARDS

Maximum Minimum radiation suppression to angle in de- beamwidith grees from centerline of main beam in decibels to 3 dB Minimum Frequency (MHz) Category points 1 (in- antenna ° 10° 15° 20° 30° 100° 140° cluded gain (dbi) 5 to to to to to to to angle in 10° ° ° ° ° ° ° degrees) 15 20 30 100 140 180

12,700 to 13,250 ...... A 1.0 n/a 23 28 35 39 41 42 50 B 2.0 n/a 20 25 28 30 32 37 47 17,700 to 19,700 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 31,000 to 31,300 2 ...... n/a 3 4.0 38 n/a n/a n/a n/a n/a n/a n/a 38,600 to 40,000 ...... A 2.2 38 25 29 33 36 42 55 55 B 2.2 38 20 24 28 32 35 36 36 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Mobile, except aeronautical, mobile, stations need not comply with these standards. 3 The minimum front-to-back ratio shall be 38 dBi.

(2) New periscope antenna systems between 12.70 and 12.75 GHz shall be ori- will be authorized upon a certification ented so that the direction of max- that the radiation, in a horizontal imum radiation of any antenna shall be plane, from an illuminating antenna at least 1.5° away from the geo- and reflector combination meets or ex- stationary satellite orbit, taking into ceeds the antenna standards of this account the effect of atmospheric re- section. This provision similarly ap- fractions.1 plies to passive repeaters employed to redirect or repeat the signal from a 1 See Chapter I, Article 1, Section III of the station’s directional antenna system. (International) Radio Regulations (Geneva, (3) The choice of receiving antennas 1959), as amended, for Technical Characteris- is left to the discretion of the licensee. tics Terms and Definitions. Additional infor- However, licensees will not be pro- mation and methods for calculating azi- tected from interference which results muths to be avoided may be found in the fol- from the use of antennas with poorer lowing: Report 393, International Radio Con- performance than defined in paragraph sultative Committee (C.C.I.R.); ‘‘Geo- (a) of this section. stationary Orbit Avoidance Computer Pro- gram,’’ Reort CC–7220, Federal Communica- (4) The transmitting antenna system tions Commission, available from the Na- of stations employing maximum equiv- tional Technical Information Service, alent isotropically radiated power ex- Springfield, VA 22151, in printed form (PB– ceeding +45 dBW in the frequency band 211 500) or source card deck (PB–211 501).

711

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00711 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.106 47 CFR Ch. I (10–1–99 Edition)

(5) Pickup stations are not subject to (2) Includes a statement indicating the performance standards herein stat- that frequency coordination as reed. The provisions of this paragraph quired in § 78.18a was accomplished. are effective for all new applications [45 FR 78694, Nov. 26, 1980, as amended at 49 accepted for filing after October 1, 1981. FR 37779, Sept. 26, 1984; 50 FR 7343, Feb. 22, (b) Any fixed station licensed pursu- 1985; 51 FR 19841, June 3, 1986; 56 FR 50664, ant to an application accepted for fil- Oct. 8, 1991; 62 FR 4923, Feb. 3, 1997] ing prior to October 1, 1981, may continue to use its existing antenna sys- § 78.106 Interferences to geostationary-satellites. tem, subject to periodic renewal until April 1, 1992, After April 1, 1992, all li- These limitations are necessary to censees are to use antenna systems in minimize the probability of harmful in- conformance with the standards of this terference to reception in the bands section. TV auxiliary broadcast sta- 2655–2690 MHz, 5850–7075 MHz, and 12.7– tions are considered to be located in an 13.25 GHz on board geostationary space area subject to frequency congestion stations in the fixed-satellite service and must employ a Category A antenna (part 25). Facilities authorized prior to July 1, 1978 which exceed the power lev- when: els in paragraphs (a) and (b) of this sec- (1) A showing by an applicant of a tion are permitted to operate indefi- new CAR service or TV auxiliary nitely, provided that the operation of broadcast, which shares the 12.7–13.20 such facilities does not result in harm- GHz band with CARS, indicates that ful interference to reception in these use of a category B antenna limits a band on board geostationary space sta- proposed project because of inter- tions. ference, and (a) 2655 to 2690 MHz and 5850 to 7075 (2) That use of a category A antenna MHz. No directional transmitting an- will remedy the interference thus al- tenna utilized by a fixed station oper- lowing the project to be realized. ating in these bands shall be aimed (c) As an exception to the provisions within 2 degrees of the geostationary- of this section, the FCC may approve satellite orbit, taking into account at- requests for use of periscope antenna mospheric refraction. However, excep- systems where a persuasive showing is tion may be made in unusual cir- made that no frequency conflicts exist cumstances upon a showing that there in the area of proposed use. Such ap- is no reasonable alternative to the provals shall be conditioned to require transmission path proposed. If there is conversion to a standard antenna as reno evidence that such exception would quired in paragraph (a) of this section cause possible harmful interference to when an applicant of a new TV auxil- an authorized satellite system, said iary broadcast or Cable Television transmission path may be authorized on waiver basis where the maximum Relay station indicates that the use of value of the equivalent isotropically the existing antenna system will cause radiated power (EIRP) does not exceed: interference and the use of a category (1) +47 dBW for any antenna beam di- A or B antenna will remedy the inter- rected within 0.5 degrees of the sta- ference. tionary satellite orbit or (d) As a further exception to the pro- (2) +47 to +55 dBW, on a linear decibel vision of paragraph (a) of this section scale (8 dB per degree) for any antenna the Commission may approve antenna beam directed between 0.5 degrees and systems not conforming to the tech- 1.5 degrees of the stationary orbit. nical standards where a persuasive (b) 12.7–13.25 GHz. No directional showing is made that: transmitting antenna utilized by a (1) Indicates in detail why an an- fixed station operating in this band tenna system complying with the re- shall be aimed within 1.5 degrees of the quirements of paragraph (a) of this sec- geostationary-satellite orbit, taking tion cannot be installed, and into account atmospheric refraction.

712

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00712 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 78.108

However, exception may be made in un- used in a CARS pickup station oper- usual circumstances upon a showing ating in the 12.7–13.2 GHz band; and that there is no reasonable alternative (ii) Those used under a develop- to the transmission path proposed. If mental authorization. there is no evidence that such excep- (b) Cable television relay station tion would cause possible harmful in- transmitting equipment authorized to terference to an authorized satellite be used pursuant to an application ac- system, said transmission path may be cepted for filing prior to October 1, authorized on waiver basis where the 1981, may continue to be used, pro- maximum value of the equivalent vided, that if operation of such equip- isotropically radiated power (EIRP) ment causes harmful interference due does not exceed +45 dBW for any an- to its failure to comply with the tech- tenna beam directed within 1.5 degrees nical standards set forth in this sub- of the stationary satellite orbit. part the Commission may, at its dis- (c) Methods for calculating the azi- cretion, require the licensee to take muths to be avoided may be found in: such corrective action as is necessary CCIR Report No. 393 (Green Books), to eliminate the interference. New Delhi, 1970; in ‘‘Radio-Relay An- (c) The installation of a CARS sta- tenna Pointing for controlled Inter- tion shall be made by or under the im- ference With Geostationary-Satellites’’ mediate supervision of a qualified engi- by C.W. Lundgren and A.S. May, Bell neer. Any tests or adjustments requir- System Technical Journal, Vol. 48, No. 10, ing the radiation of signals and which pp. 3387–3422, December 1969; and in could result in improper operation ‘‘Geostationary Orbit Avoidance Com- shall be conducted by or under the im- puter Program’’ by Richard G. Gould, mediate supervision of a person with Common Carrier Bureau Report CC– required knowledge and skill to per- 7201, FCC, Washington, DC, 1972. This form such tasks. latter report is available through the (d) Simple repairs such as the re- National Technical Information Serv- placement of tubes, fuses, or other ice, U.S. Department of Commerce, plug-in components which require no Springfield, VA 22151, in printed form particular skill may be made by an un- (PB–211 500) or source card deck (PB– skilled person. Repairs requiring re- 211 501). placement of attached components or [52 FR 7145, Mar. 9, 1987] the adjustment of critical circuits or corroborative measurements shall be § 78.107 Equipment and installation. made only by a person with required (a) Applications for new cable tele- knowledge and skill to perform such vision relay stations, other than fixed tasks. stations, will not be accepted unless [37 FR 3292, Feb. 12, 1972, as amended at 45 the equipment specified therein has FR 78695, Nov. 26, 1980; 49 FR 4001, Feb. 1, been certificated. In the case of fixed 1984; 49 FR 20672, May 16, 1984; 50 FR 7343, stations, the equipment must be au- Feb. 22, 1985; 63 FR 36606, July 7, 1998; 63 FR thorized under the verification proce- 49870, Sept. 18, 1998] dure for use pursuant to the provisions of this subpart. Transmitters designed § 78.108 Minimum path lengths for for use in the 31.0 to 31.3 GHz band fixed links. shall be authorized under the (a) The distance between end points verification procedure. of a fixed link must equal or exceed the (1) All transmitters first licensed or value set forth in the table below or marketed shall comply with technical the EIRP must be reduced in accord- standards of this subpart. This para- ance with the equation set forth below. graph (b)(1) of this section is effective October 1, 1981. Frequency band (MHz) Minimum path length (km) (2) Neither certification nor 12,200 to 13,250 ...... 5 verification is required for the fol- Above 17,700 ...... N/A lowing transmitters: (i) Those which have an output power (b) For paths shorter than those spec- not greater than 250 mW and which are ified in the Table, the EIRP shall not

713

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00713 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 78.109 47 CFR Ch. I (10–1–99 Edition)

exceed the value derived from the fol- of such changes and provided further, lowing equation. that the changes are appropriately reflected in the next application for re- EIRP=30–20 log [A/B], dBW newal of licenses of the station. Where: (c) Any application proposing a EIRP=equivalent isotropic radiated power in change in the height of the antenna dBW. structure or its location shall include A=Minimum path length from the Table for the Antenna Structure Registration the frequency band in kilometers. Number (FCC Form 854R) of the struc- B=The actual path length in kilometers. ture upon which it proposes to locate (c) Upon an appropriate technical its antenna. In the event the antenna showing, applicants and licensees un- structure does not have a Registration able to meet the minimum path length Number, the owner of the antenna requirement may be granted an excep- structure shall file an FCC Form 854 tion to these requirements. (‘‘Application for Antenna Structure Registration’’) in accordance with part NOTE: Links authorized prior to April 1, 17 of this chapter or the applicant shall 1987, are excluded from this requirement, except that, effective April 1, 1992, the Commis- provide a detailed explanation as to sion will require compliance with the cri- why registration and clearance are not teria where an existing link would otherwise required. preclude establishment of a new link. [37 FR 3292, Feb. 12, 1972, as amended at 38 FR 6827, Mar. 3, 1973; 41 FR 29696, July 19, [52 FR 7145, Mar. 9, 1987] 1976; 61 FR 4368, Feb. 6, 1996]

§ 78.109 Equipment changes. § 78.111 Frequency tolerance. (a) Formal application is required for Stations in this service shall main- any of the following changes: tain the carrier frequency of each au- (1) Any increase in emission band- thorized transmitter to within the fol- width beyond that authorized; lowing percentage of the assigned fre- (2) Any change in the transmitting quency. antenna system of a station, other than a CARS pickup station, including Frequency tolerance the direction of the main radiation Frequency band (MHz) Fixed Mobile lobe, directive pattern, antenna gain or (percent) (percent) transmission line; 1,990 to 2,110 ...... 0.005 (3) Any horizontal change in the loca- 6,425 to 6,525 ...... 0.005 tion of the antenna, other than a CARS 6,875 to 7,125 ...... 0.005 pickup station, transmitter. 12,700 to 13,250 1 ...... 0.005 0.005 (4) Any change in the type of modula- 17,700 to 18,820 ...... 0.003 ...... 18,820 to 18,920 ...... 0.001 ...... tion; 18,920 to 19,700 ...... 0.003 ...... (5) Any change in the location of a 31,000 to 31,300 ...... 0.05 0.05 station transmitter, other than a 1 Stations that employing vestigal sideband AM trans- CARS pickup station transmitter, ex- missions shall maintain their operating frequency within 0.0005% the visual carrier, and the aural carrier shall be 4.5 cept a move within the same building MHz± 1 kHz above the visual carrier frequency. or upon the tower or mast or a change in the area of operation of a CARS [52 FR 7145, Mar. 9, 1987] pickup station. (6) Any change in frequency assign- § 78.113 Frequency monitors and ment, including polarization; measurements. (7) Any change in authorized oper- (a) The licensee of each CARS station ating power. shall employ a suitable procedure to (b) Other equipment changes not spe- determine that the carrier frequency of cifically referred to in paragraph (a) of each transmitter is maintained within this section may be made at the discre- the tolerance prescribed in § 78.111 at tion of the licensee, provided that the all times. The determination shall be Engineer in Charge of the radio district made, and the results thereof entered in which the station is located and the in the station records: when a trans- Commission in Washington, DC, are no- mitter is initially installed; when any tified in writing upon the completion change is made in a transmitter which

714

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00714 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission Pt. 78, Index

may affect the carrier frequency or the Frequency monitors and measure- stability thereof; or in any case at in- ments ...... 78.113 tervals not exceeding one year. Frequency tolerance ...... 78.111 (b) The choice of apparatus to meas- G–H [Reserved] ure the operating frequency is left to I the discretion of the licensee. However, Interference ...... 78.19 failure of the apparatus to detect de- Inspection of station by FCC ...... 78.57 partures of the operating frequency in Installation of equipment ...... 78.107 excess of the prescribed tolerance will J–K [Reserved] not be deemed an acceptable excuse for L the violation. License conditions ...... 78.27 [37 FR 3292, Feb. 12, 1972, as amended at 41 License eligibility ...... 78.13 FR 29696, July 19, 1976; 50 FR 23422, June 4, License extension, Temporary ...... 78.31 1985] License period ...... 78.29 Licenses, station and operator, Post- § 78.115 Modulation limits. ing of ...... 78.59 Lighting and maintenance of towers 78.63 (a) If amplitude modulation is em- Limitations, Power ...... 78.101 ployed, negative modulation peaks Limits of modulation ...... 78.115 shall not exceed 100 percent modula- M tion. Maintenance and lighting of towers .. 78.63 [37 FR 3292, Feb. 12, 1972, as amended at 45 Modulation limits ...... 78.115 FR 78696, Nov. 26, 1980] Monitors and Measurements, Fre- quency ...... 78.113 ALPHABETICAL INDEX—PART 78 N [Reserved] A O Antenna systems ...... 78.105 Operation by remote control ...... 78.51 Applications— Operation, Time of ...... 78.55 Acceptance of; public notice ...... 78.20 Operation, Unattended ...... 78.53 Amendments of ...... 78.17 Operator and station licenses, Post- Contents of ...... 78.15 ing of ...... 78.59 Dismissal of ...... 78.21 Operator requirements ...... 78.61 Objections to ...... 78.22 Signing of ...... 78.16 P Assignment or transfer of control ..... 78.35 Period of license ...... 78.29 Authority, Temporary ...... 78.33 Permissible service ...... 78.11 Authorized bandwidth ...... 78.104 Possession of rules ...... 78.67 Posting of operator and station li- B censes ...... 78.59 Bandwidth authorized ...... 78.104 Power limitations ...... 78.101 Purpose of Part 78 ...... 78.1 C Certificated equipment ...... 78.107 Q [Reserved] Changes in equipment ...... 78.109 R Conditions for license ...... 78.27 Records of station ...... 78.69 Coordination, frequencies ...... 78.36 Remote control operation ...... 78.51 Cross reference to other rules ...... 78.3 Rules in other Parts ...... 78.3 D Rules, Possession of ...... 78.67 Definitions ...... 78.5 S E Service, Permissible ...... 78.11 Station and operator licenses, Post- Eligibility for license ...... 78.13 ing of ...... 78.59 Emission designator ...... 78.104 Station inspection by FCC ...... 78.57 Emissions; emission limitations ...... 78.103 Station records ...... 78.69 Equal employment opportunities ...... 78.75 Equipment changes ...... 78.109 T Equipment installation ...... 78.107 Temporary authority ...... 78.33 Equipment tests ...... 78.23 Temporary extension of license ...... 78.31 Extension of license, Temporary ...... 78.31 Tests— Equipment ...... 78.23 F Program ...... 78.25 Frequency assignments ...... 78.18 Service ...... 78.25 Frequency coordination ...... 78.36 Time of operation ...... 78.55 715

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00715 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 79.1 47 CFR Ch. I (10–1–99 Edition)

Tolerance, Frequency ...... 78.111 tion to residential households includ- Towers, Lighting and maintenance ... 78.63 ing, but not limited to broadcast or Transfer of control or assignment ..... 78.35 nonbroadcast television network and U the owners of such programming. Unattended operation ...... 78.53 (4) Closed captioning. The visual dis- V–Z [Reserved] play of the audio portion of video programming contained in line 21 of the [50 FR 38537, Sept. 23, 1985, as amended at 63 vertical blanking interval (VBI) pursu- FR 36606, July 7, 1998] ant to the technical specifications set forth in § 15.119 of this chapter or the PART 79—CLOSED CAPTIONING OF equivalent thereof. VIDEO PROGRAMMING (5) New programming. Video programming that is first published or exhib-

AUTHORITY: 47 U.S.C. 613. ited on or after January 1, 1998. (6) Pre-rule programming. (i) Video SOURCE: 62 FR 48493, Sept. 16, 1997, unless programming that was first published otherwise noted. or exhibited before January 1, 1998. § 79.1 Closed captioning of video pro- (ii) Video programming first pub- gramming. lished or exhibited for display on television receivers equipped for display of (a) Definitions. For purposes of this digital transmissions or formatted for section the following definitions shall apply: such transmission and exhibition prior (1) Video programming. Programming to the date on which such television re- provided by, or generally considered ceivers must, by Commission rule, be comparable to programming provided equipped with built-in decoder cir- by, a television broadcast station that cuitry designed to display closed-cap- is distributed and exhibited for residen- tioned digital television transmissions. tial use. Video programming includes (7) Nonexempt programming. Video pro- advertisements of more than five min- gramming that is not exempt under utes in duration but does not include paragraph (d) of this section and, ac- advertisements of five minutes’ dura- cordingly, is subject to closed caption or less. tioning requirements set forth in this (2) Video programming distributor. Any section. television broadcast station licensed (b) Requirements for closed captioning by the Commission and any multi- of video programming.—(1) Requirements channel video programming distributor for new English language programming. as defined in § 76.1000(e) of this chapter, Video programming distributors must and any other distributor of video pro- provide closed captioning for non- gramming for residential reception exempt video programming that is that delivers such programming di- being distributed and exhibited on each rectly to the home and is subject to the channel during each calendar quarter jurisdiction of the Commission. An en- in accordance with the following re- tity contracting for program distribu- quirements: tion over a video programming dis- (i) Between January 1, 2000, and De- tributor that is itself exempt from cap- cember 31, 2001, a video programming tioning that programming pursuant to distributor shall provide at least 450 paragraph (e)(9) of this section shall hours of captioned video programming itself be treated as a video program- or all of its new nonexempt video pro- ming distributor for purposes of this gramming must be provided with cap- section To the extent such video pro- tions, whichever is less; gramming is not otherwise exempt (ii) Between January 1, 2002, and De- from captioning, the entity that con- cember 31, 2003, a video programming tracts for its distribution shall be re- distributor shall provide at least 900 quired to comply with the closed cap- hours of captioned video programming tioning requirements of this section. or all of its new nonexempt video pro- (3) Video programming provider. Any gramming must be provided with cap- video programming distributor and any tions, whichever is less; other entity that provides video pro- (iii) Between January 1, 2004, and De- gramming that is intended for distribu- cember 31, 2005, a video programming 716

VerDate 1599 14:41 Dec 27, 1999 Jkt 183187 PO 00000 Frm 00716 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 79.1

distributor shall provide at least an av- (iv) As of January 1, 2010, and there- erage of 1350 hours of captioned video after, 100% of the programming dis- programming or all of its new non- tributor’s new nonexempt Spanish lan- exempt video programming must be guage video programming must be pro- provided with captions, whichever is vided with captions. less; and (4) Requirements for Spanish language (iv) As of January 1, 2006, and there- pre-rule programming. (i) After January after, 100% of the programming dis- 1, 2005, 30% of the programming distributor’s new nonexempt video pro- tributor’s pre-rule nonexempt Spanish gramming must be provided with cap- language video programming being dis- tions. tributed and exhibited on each channel (2) Requirements for pre-rule English during each calendar quarter must be language programming. (i) After Janu- provided with closed captioning. ary 1, 2003, 30% of the programming (ii) As of January 1, 2012, and there- distributor’s pre-rule nonexempt video after, 75% of the programming dis- programming being distributed and ex- tributor’s pre-rule nonexempt Spanish hibited on each channel during each language video programming being dis- calendar quarter must be provided with tributed and exhibited on each channel closed captioning. during each calendar quarter must be (ii) As of January 1, 2008, and there- provided with closed captioning. after, 75% of the programming dis- (5) Video programming distributors tributor’s pre-rule nonexempt video shall continue to provide captioned programming being distributed and ex- video programming at substantially hibited on each channel during each the same level as the average level of calendar quarter must be provided with captioning that they provided during closed captioning. the first six (6) months of 1997 even if (3) Requirements for new Spanish lan- that amount of captioning exceeds the guage programming. Video programming requirements otherwise set forth in distributors must provide closed cap- this section. tioning for nonexempt Spanish lan- (c) Obligation to pass through captions guage video programming that is being of already captioned programs. All video distributed and exhibited on each chan- programming distributors shall deliver nel during each calendar quarter in ac- all programming received from the cordance with the following require- video programming owner or other ments: origination source containing closed (i) Between January 1, 2001, and De- captioning to receiving television cember 31, 2003, a video programming households with the original closed distributor shall provide at least 450 captioning data intact in a format that hours of captioned Spanish language can be recovered and displayed by de- video programming or all of its new coders meeting the standards of § 15.119 nonexempt Spanish language video of this chapter unless such program- programming must be provided with ming is recaptioned or the captions are captions, whichever is less; reformatted by the programming dis- (ii) Between January 1, 2004, and De- tributor. cember 31, 2006, a video programming (d) Exempt programs and providers. For distributor shall provide at least 900 purposes of determining compliance hours of captioned Spanish language with this section, any video program- video programming or all of its new ming or video programming provider nonexempt Spanish language video that meets one or more of the fol- programming must be provided with lowing criteria shall be exempt to the captions, whichever is less; extent specified in this paragraph. (iii) Between January 1, 2007, and De- (1) Programming subject to contractual cember 31, 2009, a video programming captioning restrictions. Video program- distributor shall provide at least an av- ming that is subject to a contract in ef- erage of 1350 hours of captioned Span- fect on or before February 8, 1996, but ish language video programming or all not any extension or renewal of such of its new nonexempt Spanish language contract, for which an obligation to video programming must be provided provide closed captioning would con- with captions, whichever is less; and stitute a breach of contract.

717

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00717 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 79.1 47 CFR Ch. I (10–1–99 Edition)

(2) Video programming or video pro- (7) ITFS programming. Video program- gramming provider for which the cap- ming transmitted by an Instructional tioning requirement has been waived. Any Television Fixed Service licensee pur- video programming or video program- suant to §§ 74.931 (a), (b) or (c) of the ming provider for which the Commis- rules. sion has determined that a require- (8) Locally produced and distributed ment for closed captioning imposes an non-news programming with no repeat undue burden on the basis of a petition value. Programming that is locally pro- for exemption filed in accordance with duced by the video programming dis- the procedures specified in paragraph tributor, has no repeat value, is of (f) of this section. local public interest, is not news pro- (3) Programming other than English or gramming, and for which the ‘‘elec- Spanish language. All programming for tronic news room’’ technique of cap- which the audio is in a language other tioning is unavailable. than English or Spanish, except that (9) Programming on new networks. Pro- scripted programming that can be cap- gramming on a video programming tioned using the ‘‘electronic news network for the first four years after it room’’ technique is not exempt. begins operation, except that program- (4) Primarily textual programming. ming on a video programming network Video programming or portions of that was in operation less than four (4) video programming for which the con- years on January 1,1998 is exempt until tent of the soundtrack is displayed vis- January 1, 2002. (10) Primarily non-vocal musical pro- ually through text or graphics (e.g., gramming. Programming that consists program schedule channels or commu- primarily of non-vocal music. nity bulletin boards). (11) Captioning expense in excess of 2 (5) Programming distributed in the late percent of gross revenues. No video pro- night hours. Programming that is being gramming provider shall be required to distributed to residential households expend any money to caption any video between 2 a.m. and 6 a.m. local time. programming if such expenditure Video programming distributors pro- would exceed 2 percent of the gross rev- viding a channel that consists of a enues received from that channel dur- service that is distributed and exhib- ing the previous calendar year. ited for viewing in more than a single (12) Channels producing revenues of time zone shall be exempt from closed under $3,000,000. No video programming captioning that service for any contin- provider shall be required to expend uous 4 hour time period they may se- any money to caption any channel of lect, commencing not earlier than 12 video programming producing annual a.m. local time and ending not later gross revenues of less than $3,000,000 than 7 a.m. local time in any location during the previous calendar year where that service is intended for view- other than the obligation to pass ing. This exemption is to be deter- through video programming already mined based on the primary reception captioned when received pursuant to locations and remains applicable even paragraph (c) of this section. if the transmission is accessible and (13) Locally produced educational pro- distributed or exhibited in other time gramming. Instructional programming zones on a secondary basis. Video pro- that is locally produced by public tele- gramming distributors providing serv- vision stations for use in grades K–12 ice outside of the 48 contiguous states and post secondary schools. may treat as exempt programming (e) Responsibility for and determination that is exempt under this paragraph of compliance. (1) Compliance shall be when distributed in the contiguous calculated on a per channel, calendar states. quarter basis; (6) Interstitials, promotional announce- (2) Open captioning or subtitles in ments and public service announcements. the language of the target audience Interstitial material, promotional an- may be used in lieu of closed cap- nouncements, and public service an- tioning; nouncements that are 10 minutes or (3) Live programming or repeats of less in duration. programming originally transmitted

718

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00718 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 79.1

live that are captioned using the so- any commercially reasonable alloca- called ‘‘electronic newsroom tech- tion method; nique’’ will be considered captioned, (7) For purposes of paragraphs (d)(11) except that effective January 1, 2000, and (d)(12) of this section, annual gross and thereafter, the major national revenues shall be calculated for each broadcast television networks (i.e., channel individually based on revenues ABC, CBS, Fox and NBC), affiliates of received in the preceding calendar year these networks in the top 25 television from all sources related to the pro- markets as defined by Nielsen’s Des- gramming on that channel. Revenue ignated Market Areas (DMAs) and na- for channels shared between network tional nonbroadcast networks serving and local programming shall be sepa- at least 50% of all homes subscribing to rately calculated for network and for multichannel video programming serv- non-network programming, with nei- ices shall not count electronic news- ther the network nor the local video room captioned programming towards programming provider being required compliance with these rules. The live to spend more than 2 percent of its rev- portions of noncommercial broad- enues for captioning. Thus, for exam- casters’ fundraising activities that use ple, compliance with respect to a net- automated software to create a contin- work service distributed by a multi- uous captioned message will be consid- channel video service distributor, such ered captioned; as a cable operator, would be cal- (4) Compliance will be required with culated based on the revenues received respect to the type of video program- by the network itself (as would the re- ming generally distributed to residen- lated captioning expenditure). For tial households. Programming pro- local service providers such as broad- duced solely for closed circuit or private distribution is not covered by casters, advertising revenues from sta- these rules; tion-controlled inventory would be in- (5) Video programming that is excluded. For cable operators providing empt pursuant to paragraph (d) of this local origination programming, the an- section that contains captions, except nual gross revenues received for each video programming exempt pursuant to channel will be used to determine com- paragraph (d)(5) of this section (late pliance. Evidence of compliance could night hours exemption), can count to- include certification from the network wards the compliance with the require- supplier that the requirements of the ments for new programming prior to test had been met. Multichannel video January 1, 2006. Video programming programming distributors, in calcu- that is exempt pursuant to paragraph lating non-network revenues for a (d) of this section that contains cap- channel offered to subscribers as part tions, except that video programming of a multichannel package or tier, will exempt pursuant to paragraph (d)(5) of not include a pro rata share of sub- this section (late night hours exemp- scriber revenues, but will include all tion), can count towards compliance other revenues from the channel, in- with the requirements for pre-rule pro- cluding advertising and ancillary reve- gramming. nues. Revenues for channels supported (6) For purposes of paragraph (d)(11) by direct sales of products will include of this section, captioning expenses in- only the revenues from the product clude direct expenditures for cap- sales activity (e.g., sales commissions) tioning as well as allowable costs spe- and not the revenues from the actual cifically allocated by a programming products offered to subscribers. Evi- supplier through the price of the video dence of compliance could include cer- programming to that video program- tification from the network supplier ming provider. To be an allowable allo- that the requirements of this test have cated cost, a programming supplier been met. may not allocate more than 100 percent (8) If two or more networks (or of the costs of captioning to individual sources of programming) share a single video programming providers. A pro- channel, that channel shall be consid- gramming supplier may allocate the ered to be in compliance if each of the captioning costs only once and may use sources of video programming are in

719

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00719 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 79.1 47 CFR Ch. I (10–1–99 Edition)

compliance where they are carried on a individual video service, a specific full time basis; video program or a video programming (9) Video programming distributors provider upon a finding that the closed shall not be required to provide closed captioning requirements will result in captioning for video programming that an undue burden. is by law not subject to their editorial (2) A petition for an exemption must control, including but not limited to be supported by sufficient evidence to the signals of television broadcast sta- demonstrate that compliance with the tions distributed pursuant to sections requirements to closed caption video 614 and 615 of the Communications Act programming would cause an undue or pursuant to the compulsory copy- burden. The term ‘‘undue burden’’ right licensing provisions of sections means significant difficulty or expense. 111 and 119 of the Copyright Act (Title 17 U.S.C. 111 and 119); programming in- Factors to be considered when deter- volving candidates for public office mining whether the requirements for covered by sections 315 and 312 of the closed captioning impose an undue bur- Communications Act and associated den include: policies; commercial leased access, (i) The nature and cost of the closed public access, governmental and edu- captions for the programming; cational access programming carried (ii) The impact on the operation of pursuant to sections 611 and 612 of the the provider or program owner; Communications Act; video program- (iii) The financial resources of the ming distributed by direct broadcast provider or program owner; and satellite (DBS) services in compliance (iv) The type of operations of the pro- with the noncommercial programming vider or program owner. requirement pursuant to section (3) In addition to these factors, the 335(b)(3) of the Communications Act to petition shall describe any other fac- the extent such video programming is tors the petitioner deems relevant to exempt from the editorial control of the Commission’s final determination the video programming provider; and and any available alternatives that video programming distributed by a might constitute a reasonable sub- common carrier or that is distributed on an open video system pursuant to stitute for the closed captioning re- section 653 of the Communications Act quirements including, but not limited by an entity other than the open video to, text or graphic display of the con- system operator. To the extent such tent of the audio portion of the pro- video programming is not otherwise ex- gramming. Undue burden shall be eval- empt from captioning, the entity that uated with regard to the individual contracts for its distribution shall be outlet. required to comply with the closed cap- (4) An original and two (2) copies of a tioning requirements of this section. petition requesting an exemption based (10) In evaluating whether a video on the undue burden standard, and all programming provider has complied subsequent pleadings, shall be filed in with the requirement that all new non- accordance with § 0.401(a) of this chap- exempt video programming must inter. clude closed captioning, the Commis- (5) The Commission will place the pe- sion will consider showings that any tition on public notice. lack of captioning was de minimis and (6) Any interested person may file reasonable under the circumstances. comments or oppositions to the peti- (f) Procedures for exemptions based on tion within 30 days of the public notice undue burden. (1) A video programming of the petition. Within 20 days of the provider, video programming producer or video programming owner may peti- close of the comment period, the petition the Commission for a full or par- tioner may reply to any comments or tial exemption from the closed cap- oppositions filed. tioning requirements. Exemptions may (7) Comments or oppositions to the be granted, in whole or in part, for a petition shall be served on the peti- channel of video programming, a cat- tioner and shall include a certification egory or type of video programming, an that the petitioner was served with a

720

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00720 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T Federal Communications Commission § 79.1

copy. Replies to comments or opposi- complaint no later than 45 days after tions shall be served on the com- the end of the calendar quarter in menting or opposing party and shall in- which the violation is alleged to have clude a certification that the com- occurred or 45 days after receipt of a menter was served with a copy. written complaint, whichever is later. (8) Upon a showing of good cause, the (4) If a video programming dis- Commission may lengthen or shorten tributor fails to respond to a complaint any comment period and waive or es- or a dispute remains following the ini- tablish other procedural requirements. tial complaint resolution procedures, a (9) All petitions and responsive plead- complaint may be filed with the Com- ings shall contain a detailed, full show- mission within 30 days after the time ing, supported by affidavit, of any facts allotted for the video programming dis- or considerations relied on. tributor to respond has ended. An (10) The Commission may deny or ap- original and two (2) copies of the com- prove, in whole or in part, a petition plaint, and all subsequent pleadings for an undue burden exemption from shall be filed in accordance with the closed captioning requirements. § 0.401(a) of this chapter. The complaint (11) During the pendency of an undue shall include evidence that dem- burden determination, the video pro- onstrates the alleged violation of the gramming subject to the request for closed captioning requirements of this exemption shall be considered exempt section and shall certify that a copy of from the closed captioning require- the complaint and the supporting evi- ments. dence was first directed to the video (g) Complaint procedures. (1) No com- programming distributor. A copy of the plaint concerning an alleged violation complaint and any supporting docu- of the closed captioning requirements mentation must be served on the video of this section shall be filed with the programming distributor. Commission unless such complaint is (5) The video programming dis- first sent to the video programming tributor shall have 15 days to respond distributor responsible for delivery and to the complaint. In response to a com- exhibition of the video programming. A plaint, a video programming dis- complaint must be in writing, must state with specificity the alleged Com- tributor is obligated to provide the mission rule violated and must include Commission with sufficient records and some evidence of the alleged rule viola- documentation to demonstrate that it tion. In the case of an alleged violation is in compliance with the Commis- by a television broadcast station or sion’s rules. The response to the com- other programming for which the video plaint shall be served on the complain- programming distributor is exempt ant. from closed captioning responsibility (6) Certifications from programming pursuant to paragraph (e)(9) of this sec- suppliers, including programming pro- tion, the complaint shall be sent di- ducers, programming owners, net- rectly to the station or owner of the works, syndicators and other distribu- programming. A video programming tors, may be relied on to demonstrate distributor receiving a complaint re- compliance. Distributors will not be garding such programming must for- held responsible for situations where a ward the complaint within seven days program source falsely certifies that of receipt to the programmer or send programming delivered to the dis- written instructions to the complain- tributor meets our captioning require- ant on how to refile with the pro- ments if the distributor is unaware grammer. that the certification is false. Video (2) A complaint will not be consid- programming providers may rely on ered if it is filed with the video pro- the accuracy of certifications. Appro- gramming distributor later than the priate action may be taken with re- end of the calendar quarter following spect to deliberate falsifications. the calendar quarter in which the al- (7) The Commission will review the leged violation has occurred. complaint, including all supporting (3) The video programming dis- evidence, and determine whether a vio- tributor must respond in writing to a lation has occurred. The Commission

721

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00721 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T § 79.1 47 CFR Ch. I (10–1–99 Edition)

shall, as needed, request additional in- (h) Private rights of action prohibited. formation from the video programming Nothing in this section shall be con- provider. strued to authorize any private right of (8) If the Commission finds that a action to enforce any requirement of violation has occurred, penalties may this section. The Commission shall be imposed, including a requirement have exclusive jurisdiction with re- that the video programming dis- spect to any complaint under this sec- tributor deliver video programming tion. containing closed captioning in an amount exceeding that specified in [62 FR 48493, Sept. 16, 1997, as amended at 63 paragraph (b) of this section in a future FR 55962, Oct. 20, 1998; 64 FR 33424, June 23, time period. 1999]

722

VerDate 2999 10:26 Nov 11, 1999 Jkt 183187 PO 00000 Frm 00722 Fmt 8010 Sfmt 8010 Y:\SGML\183187T.XXX pfrm08 PsN: 183187T FINDING AIDS

A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually. Material Approved for Incorporation by Reference Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR Table of OMB Control Numbers List of CFR Sections Affected

723

VerDate 1599 11:06 Dec 30, 1999 Jkt 183187 PO 00000 Frm 00001 Fmt 8008 Sfmt 8008 Y:\SGML\183187B.XXX pfrm06 PsN: 183187B VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00002 Fmt 8008 Sfmt 8008 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Material Approved for Incorporation by Reference (Revised as of October 1, 1999)

The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.

47 CFR (PARTS 70–79) FEDERAL COMMUNICATIONS COMMISSION 47 CFR Advanced Television Systems Committee 1750 K St. NW., Suite 800, Washington, DC 20006 ATSC Doc. A/52, ATSC Standard Digital Television Compression 73.682 (AC–3), December 20, 1995. ATSC Doc. A/53, ATSC Digital Television Standard, September 16, 73.682 1995. Global Engineering Documents 3130 South Harbor Boulevard, Santa Ana, CA 92704 Electronic Industries Association, Cable Television Channel Identi- 76.605 fication Plan, EIA IS–132, May 1994.

725

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00003 Fmt 8187 Sfmt 8187 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00004 Fmt 8187 Sfmt 8187 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Table of CFR Titles and Chapters (Revised as of October 1, 1999)

Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) IV Miscellaneous Agencies (Parts 400—500)

Title 2—[Reserved]

Title 3—The President

I Executive Office of the President (Parts 100—199)

Title 4—Accounts

I General Accounting Office (Parts 1—99) II Federal Claims Collection Standards (General Accounting Of- fice—Department of Justice) (Parts 100—299)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VII Advisory Commission on Intergovernmental Relations (Parts 1700—1799) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Part 2100) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XV Office of Administration, Executive Office of the President (Parts 2500—2599) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Part 3201)

727

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00005 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 5—Administrative Personnel—Continued Chap.

XXIII Department of Energy (Part 3301) XXIV Federal Energy Regulatory Commission (Part 3401) XXV Department of the Interior (Part 3501) XXVI Department of Defense (Part 3601) XXVIII Department of Justice (Part 3801) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Part 4301) XXXV Office of Personnel Management (Part 4501) XL Interstate Commerce Commission (Part 5001) XLI Commodity Futures Trading Commission (Part 5101) XLII Department of Labor (Part 5201) XLIII National Science Foundation (Part 5301) XLV Department of Health and Human Services (Part 5501) XLVI Postal Rate Commission (Part 5601) XLVII Federal Trade Commission (Part 5701) XLVIII Nuclear Regulatory Commission (Part 5801) L Department of Transportation (Part 6001) LII Export-Import Bank of the United States (Part 6201) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Part 6401) LVII General Services Administration (Part 6701) LVIII Board of Governors of the Federal Reserve System (Part 6801) LIX National Aeronautics and Space Administration (Part 6901) LX United States Postal Service (Part 7001) LXI National Labor Relations Board (Part 7101) LXII Equal Employment Opportunity Commission (Part 7201) LXIII Inter-American Foundation (Part 7301) LXV Department of Housing and Urban Development (Part 7501) LXVI National Archives and Records Administration (Part 7601) LXIX Tennessee Valley Authority (Part 7901) LXXI Consumer Product Safety Commission (Part 8101) LXXIV Federal Mine Safety and Health Review Commission (Part 8401) LXXVI Federal Retirement Thrift Investment Board (Part 8601) LXXVII Office of Management and Budget (Part 8701)

Title 6—[Reserved]

728

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00006 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 7—Agriculture Chap.

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Grain Inspection, Packers and Stockyards Administration (Fed- eral Grain Inspection Service), Department of Agriculture (Parts 800—899) IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIII Northeast Dairy Compact Commission (Parts 1300—1399) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy, Department of Agriculture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199)

729

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00007 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 7—Agriculture—Continued Chap.

XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV Cooperative State Research, Education, and Extension Service, Department of Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)

Title 8—Aliens and Nationality

I Immigration and Naturalization Service, Department of Justice (Parts 1—599)

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)

Title 10—Energy

I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts 1—199)

730

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00008 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 12—Banks and Banking—Continued Chap.

II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)

Title 13—Business Credit and Assistance

I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399)

Title 14—Aeronautics and Space

I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—499) V National Aeronautics and Space Administration (Parts 1200— 1299)

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499)

731

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00009 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 15—Commerce and Foreign Trade—Continued Chap.

VII Bureau of Export Administration, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI Technology Administration, Department of Commerce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399)

Title 16—Commercial Practices

I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)

Title 17—Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)

Title 18—Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)

Title 19—Customs Duties

I United States Customs Service, Department of the Treasury (Parts 1—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399)

732

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00010 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 20—Employees’ Benefits Chap.

I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Employment Standards Administration, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training, Department of Labor (Parts 1000—1099)

Title 21—Food and Drugs

I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)

Title 22—Foreign Relations

I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V United States Information Agency (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board Regulations (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Board for International Broadcasting (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)

733

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00011 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 23—Highways Chap.

I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Multifamily Housing Assistance Restructuring, Depart- ment of Housing and Urban Development (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—999) X Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Interstate Land Sales Registration Program) (Parts 1700—1799) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

734

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00012 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 25—Indians Chap.

I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—799) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900) VI Office of the Assistant Secretary-Indian Affairs, Department of the Interior (Part 1001) VII Office of the Special Trustee for American Indians, Department of the Interior (Part 1200)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1— 799)

Title 27—Alcohol, Tobacco Products and Firearms

I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury (Parts 1—299)

Title 28—Judicial Administration

I Department of Justice (Parts 0—199) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799)

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299)

735

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00013 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 29—Labor—Continued Chap.

XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Pension and Welfare Benefits Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Minerals Management Service, Department of the Interior (Parts 200—299) III Board of Surface Mining and Reclamation Appeals, Department of the Interior (Parts 300—399) IV Geological Survey, Department of the Interior (Parts 400—499) VI Bureau of Mines, Department of the Interior (Parts 600—699) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999)

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of International Investment, Department of the Treasury (Parts 800—899)

Title 32—National Defense

SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799)

736

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00014 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 32—National Defense—Continued Chap.

VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899) XXIX Presidential Commission on the Assignment of Women in the Armed Forces (Part 2900)

Title 33—Navigation and Navigable Waters

I Coast Guard, Department of Transportation (Parts 1—199) II Corps of Engineers, Department of the Army (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Vocational and Adult Education, Department of Edu- cation (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) XI National Institute for Literacy (Parts 1100—1199) SUBTITLE C—REGULATIONS RELATING TO EDUCATION XII National Council on Disability (Parts 1200—1299)

737

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00015 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 35—Panama Canal Chap.

I Panama Canal Regulations (Parts 1—299)

Title 36—Parks, Forests, and Public Property

I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XIV Assassination Records Review Board (Parts 1400—1499)

Title 37—Patents, Trademarks, and Copyrights

I Patent and Trademark Office, Department of Commerce (Parts 1—199) II Copyright Office, Library of Congress (Parts 200—299) IV Assistant Secretary for Technology Policy, Department of Com- merce (Parts 400—499) V Under Secretary for Technology, Department of Commerce (Parts 500—599)

Title 38—Pensions, Bonuses, and Veterans’ Relief

I Department of Veterans Affairs (Parts 0—99)

Title 39—Postal Service

I United States Postal Service (Parts 1—999) III Postal Rate Commission (Parts 3000—3099)

Title 40—Protection of Environment

I Environmental Protection Agency (Parts 1—799) V Council on Environmental Quality (Parts 1500—1599) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799)

Title 41—Public Contracts and Property Management

SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS

738

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00016 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 41—Public Contracts and Property Management—Continued Chap.

50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans Employment and Training, Department of Labor (Parts 61–1—61–999) SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM 201 Federal Information Resources Management Regulation (Parts 201–1—201–99) [Reserved] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300.99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–70) 304 Payment from a Non-Federal Source for Travel Expenses (Parts 304–1—304–99)

Title 42—Public Health

I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) IV Health Care Financing Administration, Department of Health and Human Services (Parts 400—499) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999)

Title 43—Public Lands: Interior

SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 200— 499) II Bureau of Land Management, Department of the Interior (Parts 1000—9999)

739

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00017 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 43—Public Lands: Interior—Continued Chap.

III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10005)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Office of Human Development Services, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission on Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Part 2301) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)

740

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00018 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 46—Shipping Chap.

I Coast Guard, Department of Transportation (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Transpor- tation (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399)

Title 48—Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1—99) 2 Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 United States Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management Federal Employees Health Ben- efits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 United States Information Agency (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999)

741

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00019 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 48—Federal Acquisition Regulations System—Continued Chap.

34 Department of Education Acquisition Regulation (Parts 3400— 3499) 35 Panama Canal Commission (Parts 3500—3599) 44 Federal Emergency Management Agency (Parts 4400—4499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) 54 Defense Logistics Agency, Department of Defense (Part 5452) 57 African Development Foundation (Parts 5700—5799) 61 General Services Administration Board of Contract Appeals (Parts 6100—6199) 63 Department of Transportation Board of Contract Appeals (Parts 6300—6399) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)

Title 49—Transportation

SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Research and Special Programs Administration, Department of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Highway Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Transportation (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board, Department of Transportation (Parts 1000—1399) XI Bureau of Transportation Statistics, Department of Transpor- tation (Parts 1400—1499)

Title 50—Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199)

742

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00020 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Title 50—Wildlife and Fisheries—Continued Chap.

II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)

CFR Index and Finding Aids

Subject/Agency Index List of Agency Prepared Indexes Parallel Tables of Statutory Authorities and Rules List of CFR Titles, Chapters, Subchapters, and Parts Alphabetical List of Agencies Appearing in the CFR

743

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00021 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00022 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Alphabetical List of Agencies Appearing in the CFR (Revised as of October 1, 1999)

CFR Title, Subtitle or Agency Chapter Administrative Committee of the Federal Register 1, I Advanced Research Projects Agency 32, I Advisory Commission on Intergovernmental Relations 5, VII Advisory Committee on Federal Pay 5, IV Advisory Council on Historic Preservation 36, VIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development, United States 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Cooperative State Research, Education, and Extension 7, XXXIV Service Economic Research Service 7, XXXVII Energy, Office of 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force Department 32, VII Federal Acquisition Regulation Supplement 48, 53 Alcohol, Tobacco and Firearms, Bureau of 27, I AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX

745

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00023 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Architectural and Transportation Barriers Compliance Board 36, XI Arctic Research Commission 45, XXIII Armed Forces Retirement Home 5, XI Army Department 32, V Engineers, Corps of 33, II; 36, III Federal Acquisition Regulation 48, 51 Assassination Records Review Board 36, XIV Benefits Review Board 20, VII Bilingual Education and Minority Languages Affairs, Office of 34, V Blind or Severely Disabled, Committee for Purchase From 41, 51 People Who Are Board for International Broadcasting 22, XIII Census Bureau 15, I Central Intelligence Agency 32, XIX Chief Financial Officer, Office of 7, XXX Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X Christopher Columbus Quincentenary Jubilee Commission 45, XXII Civil Rights, Commission on 45, VII Civil Rights, Office for 34, I Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Commerce Department 44, IV Census Bureau 15, I Economic Affairs, Under Secretary 37, V Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Emergency Management and Assistance 44, IV Export Administration, Bureau of 15, VII Federal Acquisition Regulation 48, 13 Fishery Conservation and Management 50, VI Foreign-Trade Zones Board 15, IV International Trade Administration 15, III; 19, III National Institute of Standards and Technology 15, II National Marine Fisheries Service 50, II, IV, VI National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Telecommunications and Information 15, XXIII; 47, III Administration National Weather Service 15, IX Patent and Trademark Office 37, I Productivity, Technology and Innovation, Assistant 37, IV Secretary for Secretary of Commerce, Office of 15, Subtitle A Technology, Under Secretary for 37, V Technology Administration 15, XI Technology Policy, Assistant Secretary for 37, IV Commercial Space Transportation 14, III Commodity Credit Corporation 7, XIV Commodity Futures Trading Commission 5, XLI; 17, I Community Planning and Development, Office of Assistant 24, V, VI Secretary for Community Services, Office of 45, X Comptroller of the Currency 12, I Construction Industry Collective Bargaining Commission 29, IX Consumer Product Safety Commission 5, LXXI; 16, II Cooperative State Research, Education, and Extension 7, XXXIV Service Copyright Office 37, II Corporation for National and Community Service 45, XII, XXV Cost Accounting Standards Board 48, 99 Council on Environmental Quality 40, V Customs Service, United States 19, I Defense Contract Audit Agency 32, I Defense Department 5, XXVI; 32, Subtitle A; 40, VII Advanced Research Projects Agency 32, I Air Force Department 32, VII

746

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00024 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Army Department 32, V; 33, II; 36, III, 48, 51 Defense Intelligence Agency 32, I Defense Logistics Agency 32, I, XII; 48, 54 Engineers, Corps of 33, II; 36, III Federal Acquisition Regulation 48, 2 National Imagery and Mapping Agency 32, I Navy Department 32, VI; 48, 52 Secretary of Defense, Office of 32, I Defense Contract Audit Agency 32, I Defense Intelligence Agency 32, I Defense Logistics Agency 32, XII; 48, 54 Defense Nuclear Facilities Safety Board 10, XVII Delaware River Basin Commission 18, III Drug Enforcement Administration 21, II East-West Foreign Trade Board 15, XIII Economic Affairs, Under Secretary 37, V Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Economic Research Service 7, XXXVII Education, Department of 5, LIII Bilingual Education and Minority Languages Affairs, Office 34, V of Civil Rights, Office for 34, I Educational Research and Improvement, Office of 34, VII Elementary and Secondary Education, Office of 34, II Federal Acquisition Regulation 48, 34 Postsecondary Education, Office of 34, VI Secretary of Education, Office of 34, Subtitle A Special Education and Rehabilitative Services, Office of 34, III Vocational and Adult Education, Office of 34, IV Educational Research and Improvement, Office of 34, VII Elementary and Secondary Education, Office of 34, II Employees’ Compensation Appeals Board 20, IV Employees Loyalty Board 5, V Employment and Training Administration 20, V Employment Standards Administration 20, VI Endangered Species Committee 50, IV Energy, Department of 5, XXIII; 10, II, III, X Federal Acquisition Regulation 48, 9 Federal Energy Regulatory Commission 5, XXIV; 18, I Property Management Regulations 41, 109 Energy, Office of 7, XXIX Engineers, Corps of 33, II; 36, III Engraving and Printing, Bureau of 31, VI Environmental Protection Agency 5, LIV; 40, I, VII Federal Acquisition Regulation 48, 15 Property Management Regulations 41, 115 Environmental Quality, Office of 7, XXXI Equal Employment Opportunity Commission 5, LXII; 29, XIV Equal Opportunity, Office of Assistant Secretary for 24, I Executive Office of the President 3, I Administration, Office of 5, XV Environmental Quality, Council on 40, V Management and Budget, Office of 25, III, LXXVII; 48, 99 National Drug Control Policy, Office of 21, III National Security Council 32, XXI; 47, 2 Presidential Documents 3 Science and Technology Policy, Office of 32, XXIV; 47, II Trade Representative, Office of the United States 15, XX Export Administration, Bureau of 15, VII Export-Import Bank of the United States 5, LII; 12, IV Family Assistance, Office of 45, II Farm Credit Administration 5, XXXI; 12, VI Farm Credit System Insurance Corporation 5, XXX; 12, XIV Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 1

747

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00025 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Federal Aviation Administration 14, I Commercial Space Transportation 14, III Federal Claims Collection Standards 4, II Federal Communications Commission 5, XXIX; 47, I Federal Contract Compliance Programs, Office of 41, 60 Federal Crop Insurance Corporation 7, IV Federal Deposit Insurance Corporation 5, XXII; 12, III Federal Election Commission 11, I Federal Emergency Management Agency 44, I Federal Acquisition Regulation 48, 44 Federal Employees Group Life Insurance Federal Acquisition 48, 21 Regulation Federal Employees Health Benefits Acquisition Regulation 48, 16 Federal Energy Regulatory Commission 5, XXIV; 18, I Federal Financial Institutions Examination Council 12, XI Federal Financing Bank 12, VIII Federal Highway Administration 23, I, II; 49, III Federal Home Loan Mortgage Corporation 1, IV Federal Housing Enterprise Oversight Office 12, XVII Federal Housing Finance Board 12, IX Federal Labor Relations Authority, and General Counsel of 5, XIV; 22, XIV the Federal Labor Relations Authority Federal Law Enforcement Training Center 31, VII Federal Maritime Commission 46, IV Federal Mediation and Conciliation Service 29, XII Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII Federal Pay, Advisory Committee on 5, IV Federal Prison Industries, Inc. 28, III Federal Procurement Policy Office 48, 99 Federal Property Management Regulations 41, 101 Federal Property Management Regulations System 41, Subtitle C Federal Railroad Administration 49, II Federal Register, Administrative Committee of 1, I Federal Register, Office of 1, II Federal Reserve System 12, II Board of Governors 5, LVIII Federal Retirement Thrift Investment Board 5, VI, LXXVI Federal Service Impasses Panel 5, XIV Federal Trade Commission 5, XLVII; 16, I Federal Transit Administration 49, VI Federal Travel Regulation System 41, Subtitle F Fine Arts, Commission on 45, XXI Fiscal Service 31, II Fish and Wildlife Service, United States 50, I, IV Fishery Conservation and Management 50, VI Food and Drug Administration 21, I Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Foreign Assets Control, Office of 31, V Foreign Claims Settlement Commission of the United States 45, V Foreign Service Grievance Board 22, IX Foreign Service Impasse Disputes Panel 22, XIV Foreign Service Labor Relations Board 22, XIV Foreign-Trade Zones Board 15, IV Forest Service 36, II General Accounting Office 4, I, II General Services Administration 5, LVII Contract Appeals, Board of 48, 61 Federal Acquisition Regulation 48, 5 Federal Property Management Regulations System 41, 101, 105 Federal Travel Regulation System 41, Subtitle F General 41, 300 Payment From a Non-Federal Source for Travel Expenses 41, 304 Payment of Expenses Connected With the Death of Certain 41, 303 Employees Relocation Allowances 41, 302

748

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00026 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Temporary Duty (TDY) Travel Allowances 41, 301 Geological Survey 30, IV Government Ethics, Office of 5, XVI Government National Mortgage Association 24, III Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Harry S. Truman Scholarship Foundation 45, XVIII Health and Human Services, Department of 5, XLV; 45, Subtitle A Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X Community Services, Office of 45, X Family Assistance, Office of 45, II Federal Acquisition Regulation 48, 3 Food and Drug Administration 21, I Health Care Financing Administration 42, IV Human Development Services, Office of 45, XIII Indian Health Service 25, V Inspector General (Health Care), Office of 42, V Public Health Service 42, I Refugee Resettlement, Office of 45, IV Health Care Financing Administration 42, IV Housing and Urban Development, Department of 5, LXV; 24, Subtitle B Community Planning and Development, Office of Assistant 24, V, VI Secretary for Equal Opportunity, Office of Assistant Secretary for 24, I Federal Acquisition Regulation 48, 24 Federal Housing Enterprise Oversight, Office of 12, XVII Government National Mortgage Association 24, III Housing—Federal Housing Commissioner, Office of 24, II, VIII, X, XX Assistant Secretary for Inspector General, Office of 24, XII Multifamily Housing Assistance Restructuring, Office of 24, IV Public and Indian Housing, Office of Assistant Secretary for 24, IX Secretary, Office of 24, Subtitle A, VII Housing—Federal Housing Commissioner, Office of Assistant 24, II, VIII, X, XX Secretary for Human Development Services, Office of 45, XIII Immigration and Naturalization Service 8, I Independent Counsel, Office of 28, VII Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant Secretary 25, VI Indian Arts and Crafts Board 25, II Indian Health Service 25, V Information Agency, United States 22, V Federal Acquisition Regulation 48, 19 Information Resources Management, Office of 7, XXVII Information Security Oversight Office, National Archives and 32, XX Records Administration Inspector General Agriculture Department 7, XXVI Health and Human Services Department 42, V Housing and Urban Development Department 24, XII Institute of Peace, United States 22, XVII Inter-American Foundation 5, LXIII; 22, X Intergovernmental Relations, Advisory Commission on 5, VII Interior Department American Indians, Office of the Special Trustee 25, VII Endangered Species Committee 50, IV Federal Acquisition Regulation 48, 14 Federal Property Management Regulations System 41, 114 Fish and Wildlife Service, United States 50, I, IV Geological Survey 30, IV Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant Secretary 25, VI Indian Arts and Crafts Board 25, II Land Management, Bureau of 43, II Minerals Management Service 30, II Mines, Bureau of 30, VI

749

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00027 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter National Indian Gaming Commission 25, III National Park Service 36, I Reclamation, Bureau of 43, I Secretary of the Interior, Office of 43, Subtitle A Surface Mining and Reclamation Appeals, Board of 30, III Surface Mining Reclamation and Enforcement, Office of 30, VII Internal Revenue Service 26, I International Boundary and Water Commission, United States 22, XI and Mexico, United States Section International Development, United States Agency for 22, II Federal Acquisition Regulation 48, 7 International Development Cooperation Agency, United 22, XII States International Development, United States Agency for 22, II; 48, 7 Overseas Private Investment Corporation 5, XXXIII; 22, VII International Fishing and Related Activities 50, III International Investment, Office of 31, VIII International Joint Commission, United States and Canada 22, IV International Organizations Employees Loyalty Board 5, V International Trade Administration 15, III; 19, III International Trade Commission, United States 19, II Interstate Commerce Commission 5, XL James Madison Memorial Fellowship Foundation 45, XXIV Japan–United States Friendship Commission 22, XVI Joint Board for the Enrollment of Actuaries 20, VIII Justice Department 5, XXVIII; 28, I Drug Enforcement Administration 21, II Federal Acquisition Regulation 48, 28 Federal Claims Collection Standards 4, II Federal Prison Industries, Inc. 28, III Foreign Claims Settlement Commission of the United 45, V States Immigration and Naturalization Service 8, I Offices of Independent Counsel 28, VI Prisons, Bureau of 28, V Property Management Regulations 41, 128 Labor Department 5, XLII Benefits Review Board 20, VII Employees’ Compensation Appeals Board 20, IV Employment and Training Administration 20, V Employment Standards Administration 20, VI Federal Acquisition Regulation 48, 29 Federal Contract Compliance Programs, Office of 41, 60 Federal Procurement Regulations System 41, 50 Labor-Management Standards, Office of 29, II, IV Mine Safety and Health Administration 30, I Occupational Safety and Health Administration 29, XVII Pension and Welfare Benefits Administration 29, XXV Public Contracts 41, 50 Secretary of Labor, Office of 29, Subtitle A Veterans’ Employment and Training, Office of the Assistant 41, 61; 20, IX Secretary for Wage and Hour Division 29, V Workers’ Compensation Programs, Office of 20, I Labor-Management Standards, Office of 29, II, IV Land Management, Bureau of 43, II Legal Services Corporation 45, XVI Library of Congress 36, VII Copyright Office 37, II Management and Budget, Office of 5, III, LXXVII; 48, 99 Marine Mammal Commission 50, V Maritime Administration 46, II Merit Systems Protection Board 5, II Micronesian Status Negotiations, Office for 32, XXVII Mine Safety and Health Administration 30, I Minerals Management Service 30, II Mines, Bureau of 30, VI

750

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00028 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Minority Business Development Agency 15, XIV Miscellaneous Agencies 1, IV Monetary Offices 31, I Multifamily Housing Assistance Restructuring, Office of 24, IV National Aeronautics and Space Administration 5, LIX; 14, V Federal Acquisition Regulation 48, 18 National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Archives and Records Administration 5, LXVI; 36, XII Information Security Oversight Office 32, XX National Bureau of Standards 15, II National Capital Planning Commission 1, IV National Commission for Employment Policy 1, IV National Commission on Libraries and Information Science 45, XVII National and Community Service, Corporation for 45, XII, XXV National Council on Disability 34, XII National Credit Union Administration 12, VII National Drug Control Policy, Office of 21, III National Foundation on the Arts and the Humanities 45, XI National Highway Traffic Safety Administration 23, II, III; 49, V National Imagery and Mapping Agency 32, I National Indian Gaming Commission 25, III National Institute for Literacy 34, XI National Institute of Standards and Technology 15, II National Labor Relations Board 5, LXI; 29, I National Marine Fisheries Service 50, II, IV, VI National Mediation Board 29, X National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Park Service 36, I National Railroad Adjustment Board 29, III National Railroad Passenger Corporation (AMTRAK) 49, VII National Science Foundation 5, XLIII; 45, VI Federal Acquisition Regulation 48, 25 National Security Council 32, XXI National Security Council and Office of Science and 47, II Technology Policy National Telecommunications and Information 15, XXIII; 47, III Administration National Transportation Safety Board 49, VIII National Weather Service 15, IX Natural Resources Conservation Service 7, VI Navajo and Hopi Indian Relocation, Office of 25, IV Navy Department 32, VI Federal Acquisition Regulation 48, 52 Neighborhood Reinvestment Corporation 24, XXV Northeast Dairy Compact Commission 7, XIII Nuclear Regulatory Commission 5, XLVIII; 10, I Federal Acquisition Regulation 48, 20 Occupational Safety and Health Administration 29, XVII Occupational Safety and Health Review Commission 29, XX Offices of Independent Counsel 28, VI Operations Office 7, XXVIII Overseas Private Investment Corporation 5, XXXIII; 22, VII Panama Canal Commission 48, 35 Panama Canal Regulations 35, I Patent and Trademark Office 37, I Payment From a Non-Federal Source for Travel Expenses 41, 304 Payment of Expenses Connected With the Death of Certain 41, 303 Employees Peace Corps 22, III Pennsylvania Avenue Development Corporation 36, IX Pension and Welfare Benefits Administration 29, XXV Pension Benefit Guaranty Corporation 29, XL Personnel Management, Office of 5, I, XXXV; 45, VIII Federal Acquisition Regulation 48, 17 Federal Employees Group Life Insurance Federal 48, 21 Acquisition Regulation

751

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00029 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Federal Employees Health Benefits Acquisition Regulation 48, 16 Postal Rate Commission 5, XLVI; 39, III Postal Service, United States 5, LX; 39, I Postsecondary Education, Office of 34, VI President’s Commission on White House Fellowships 1, IV Presidential Commission on the Assignment of Women in the 32, XXIX Armed Forces Presidential Documents 3 Presidio Trust 36, X Prisons, Bureau of 28, V Procurement and Property Management, Office of 7, XXXII Productivity, Technology and Innovation, Assistant 37, IV Secretary Public Contracts, Department of Labor 41, 50 Public and Indian Housing, Office of Assistant Secretary for 24, IX Public Health Service 42, I Railroad Retirement Board 20, II Reclamation, Bureau of 43, I Refugee Resettlement, Office of 45, IV Regional Action Planning Commissions 13, V Relocation Allowances 41, 302 Research and Special Programs Administration 49, I Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Saint Lawrence Seaway Development Corporation 33, IV Science and Technology Policy, Office of 32, XXIV Science and Technology Policy, Office of, and National 47, II Security Council Secret Service 31, IV Securities and Exchange Commission 17, II Selective Service System 32, XVI Small Business Administration 13, I Smithsonian Institution 36, V Social Security Administration 20, III; 48, 23 Soldiers’ and Airmen’s Home, United States 5, XI Special Counsel, Office of 5, VIII Special Education and Rehabilitative Services, Office of 34, III State Department 22, I Federal Acquisition Regulation 48, 6 Surface Mining and Reclamation Appeals, Board of 30, III Surface Mining Reclamation and Enforcement, Office of 30, VII Surface Transportation Board 49, X Susquehanna River Basin Commission 18, VIII Technology Administration 15, XI Technology Policy, Assistant Secretary for 37, IV Technology, Under Secretary for 37, V Tennessee Valley Authority 5, LXIX; 18, XIII Thrift Supervision Office, Department of the Treasury 12, V Trade Representative, United States, Office of 15, XX Transportation, Department of 5, L Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Commercial Space Transportation 14, III Contract Appeals, Board of 48, 63 Emergency Management and Assistance 44, IV Federal Acquisition Regulation 48, 12 Federal Aviation Administration 14, I Federal Highway Administration 23, I, II; 49, III Federal Railroad Administration 49, II Federal Transit Administration 49, VI Maritime Administration 46, II National Highway Traffic Safety Administration 23, II, III; 49, V Research and Special Programs Administration 49, I Saint Lawrence Seaway Development Corporation 33, IV

752

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00030 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Secretary of Transportation, Office of 14, II; 49, Subtitle A Surface Transportation Board 49, X Transportation Statistics Bureau 49, XI Transportation, Office of 7, XXXIII Transportation Statistics Brureau 49, XI Travel Allowances, Temporary Duty (TDY) 41, 301 Treasury Department 5, XXI; 12, XV; 17, IV Alcohol, Tobacco and Firearms, Bureau of 27, I Community Development Financial Institutions Fund 12, XVIII Comptroller of the Currency 12, I Customs Service, United States 19, I Engraving and Printing, Bureau of 31, VI Federal Acquisition Regulation 48, 10 Federal Law Enforcement Training Center 31, VII Fiscal Service 31, II Foreign Assets Control, Office of 31, V Internal Revenue Service 26, I International Investment, Office of 31, VIII Monetary Offices 31, I Secret Service 31, IV Secretary of the Treasury, Office of 31, Subtitle A Thrift Supervision, Office of 12, V Truman, Harry S. Scholarship Foundation 45, XVIII United States and Canada, International Joint Commission 22, IV United States and Mexico, International Boundary and Water 22, XI Commission, United States Section Utah Reclamation Mitigation and Conservation Commission 43, III Veterans Affairs Department 38, I Federal Acquisition Regulation 48, 8 Veterans’ Employment and Training, Office of the Assistant 41, 61; 20, IX Secretary for Vice President of the United States, Office of 32, XXVIII Vocational and Adult Education, Office of 34, IV Wage and Hour Division 29, V Water Resources Council 18, VI Workers’ Compensation Programs, Office of 20, I World Agricultural Outlook Board 7, XXXVIII 22, IV International Organizations Employees Loyalty Board 5, V International Trade Administration 15, III; 19, III International Trade Commission, United States 19, II Interstate Commerce Commission 5, XL James Madison Memorial Fellowship Foundation 45, XXIV Japan–United States Friendship Commission 22, XVI Joint Board for the Enrollment of Actuaries 20, VIII Justice Department 5, XXVIII; 28, I Drug Enforcement Administration 21, II Federal Acquisition Regulation 48, 28 Federal Claims Collection Standards 4, II Federal Prison Industries, Inc. 28, III Foreign Claims Settlement Commission of the United 45, V States Immigration and Naturalization Service 8, I Offices of Independent Counsel 28, VI Prisons, Bureau of 28, V Property Management Regulations 41, 128 Labor Department 5, XLII Benefits Review Board 20, VII Employees’ Compensation Appeals Board 20, IV Employment and Training Administration 20, V Employment Standards Administration 20, VI Federal Acquisition Regulation 48, 29 Federal Contract Compliance Programs, Office of 41, 60 Federal Procurement Regulations System 41, 50 Labor-Management Standards, Office of 29, II, IV Mine Safety and Health Administration 30, I Occupational Safety and Health Administration 29, XVII

753

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00031 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Pension and Welfare Benefits Administration 29, XXV Public Contracts 41, 50 Secretary of Labor, Office of 29, Subtitle A Veterans’ Employment and Training, Office of the Assistant 41, 61; 20, IX Secretary for Wage and Hour Division 29, V Workers’ Compensation Programs, Office of 20, I Labor-Management Standards, Office of 29, II, IV Land Management, Bureau of 43, II Legal Services Corporation 45, XVI Library of Congress 36, VII Copyright Office 37, II Management and Budget, Office of 5, III, LXXVII; 48, 99 Marine Mammal Commission 50, V Maritime Administration 46, II Merit Systems Protection Board 5, II Micronesian Status Negotiations, Office for 32, XXVII Mine Safety and Health Administration 30, I Minerals Management Service 30, II Mines, Bureau of 30, VI Minority Business Development Agency 15, XIV Miscellaneous Agencies 1, IV Monetary Offices 31, I Multifamily Housing Assistance Restructuring Office 24, IV National Aeronautics and Space Administration 5, LIX; 14, V Federal Acquisition Regulation 48, 18 National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National Archives and Records Administration 5, LXVI; 36, XII Information Security Oversight Office 32, XX National Bureau of Standards 15, II National Capital Planning Commission 1, IV National Commission for Employment Policy 1, IV National Commission on Libraries and Information Science 45, XVII National and Community Service, Corporation for 45, XII, XXV National Council on Disability 34, XII National Credit Union Administration 12, VII National Drug Control Policy, Office of 21, III National Foundation on the Arts and the Humanities 45, XI National Highway Traffic Safety Administration 23, II, III; 49, V National Imagery and Mapping Agency 32, I National Indian Gaming Commission 25, III National Institute for Literacy 34, XI National Institute of Standards and Technology 15, II National Labor Relations Board 5, LXI; 29, I National Marine Fisheries Service 50, II, IV National Mediation Board 29, X National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Park Service 36, I National Railroad Adjustment Board 29, III National Railroad Passenger Corporation (AMTRAK) 49, VII National Science Foundation 5, XLIII; 45, VI Federal Acquisition Regulation 48, 25 National Security Council 32, XXI National Security Council and Office of Science and 47, II Technology Policy National Telecommunications and Information 15, XXIII; 47, III Administration National Transportation Safety Board 49, VIII National Weather Service 15, IX Natural Resources Conservation Service 7, VI Navajo and Hopi Indian Relocation, Office of 25, IV Navy Department 32, VI Federal Acquisition Regulation 48, 52 Neighborhood Reinvestment Corporation 24, XXV Northeast Dairy Compact Commission 7, XIII Nuclear Regulatory Commission 5, XLVIII; 10, I

754

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00032 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Federal Acquisition Regulation 48, 20 Occupational Safety and Health Administration 29, XVII Occupational Safety and Health Review Commission 29, XX Offices of Independent Counsel 28, VI Operations Office 7, XXVIII Overseas Private Investment Corporation 5, XXXIII; 22, VII Panama Canal Commission 48, 35 Panama Canal Regulations 35, I Patent and Trademark Office 37, I Payment From a Non-Federal Source for Travel Expenses 41, 304 Payment of Expenses Connected With the Death of Certain 41, 303 Employees Peace Corps 22, III Pennsylvania Avenue Development Corporation 36, IX Pension and Welfare Benefits Administration 29, XXV Pension Benefit Guaranty Corporation 29, XL Personnel Management, Office of 5, I, XXXV; 45, VIII Federal Acquisition Regulation 48, 17 Federal Employees Group Life Insurance Federal 48, 21 Acquisition Regulation Federal Employees Health Benefits Acquisition Regulation 48, 16 Postal Rate Commission 5, XLVI; 39, III Postal Service, United States 5, LX; 39, I Postsecondary Education, Office of 34, VI President’s Commission on White House Fellowships 1, IV Presidential Commission on the Assignment of Women in the 32, XXIX Armed Forces Presidential Documents 3 Prisons, Bureau of 28, V Productivity, Technology and Innovation, Assistant 37, IV Secretary Public Contracts, Department of Labor 41, 50 Public and Indian Housing, Office of Assistant Secretary for 24, IX Public Health Service 42, I Railroad Retirement Board 20, II Reclamation, Bureau of 43, I Refugee Resettlement, Office of 45, IV Regional Action Planning Commissions 13, V Relocation Allowances 41, 302 Research and Special Programs Administration 49, I Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Saint Lawrence Seaway Development Corporation 33, IV Science and Technology Policy, Office of 32, XXIV Science and Technology Policy, Office of, and National 47, II Security Council Secret Service 31, IV Securities and Exchange Commission 17, II Selective Service System 32, XVI Small Business Administration 13, I Smithsonian Institution 36, V Social Security Administration 20, III; 48, 23 Soldiers’ and Airmen’s Home, United States 5, XI Special Counsel, Office of 5, VIII Special Education and Rehabilitative Services, Office of 34, III State Department 22, I Federal Acquisition Regulation 48, 6 Surface Mining and Reclamation Appeals, Board of 30, III Surface Mining Reclamation and Enforcement, Office of 30, VII Surface Transportation Board 49, X Susquehanna River Basin Commission 18, VIII Technology Administration 15, XI Technology Policy, Assistant Secretary for 37, IV Technology, Under Secretary for 37, V

755

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00033 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B CFR Title, Subtitle or Agency Chapter Tennessee Valley Authority 5, LXIX; 18, XIII Thrift Depositor Protection Oversight Board 12, XV Thrift Supervision Office, Department of the Treasury 12, V Trade Representative, United States, Office of 15, XX Transportation, Department of 5, L Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Commercial Space Transportation 14, III Contract Appeals, Board of 48, 63 Emergency Management and Assistance 44, IV Federal Acquisition Regulation 48, 12 Federal Aviation Administration 14, I Federal Highway Administration 23, I, II; 49, III Federal Railroad Administration 49, II Federal Transit Administration 49, VI Maritime Administration 46, II National Highway Traffic Safety Administration 23, II, III; 49, V Research and Special Programs Administration 49, I Saint Lawrence Seaway Development Corporation 33, IV Secretary of Transportation, Office of 14, II; 49, Subtitle A Surface Transportation Board 49, X Transportation, Office of 7, XXXIII Travel Allowances, Temporary Duty (TDY) 41, 301 Treasury Department 5, XXI; 17, IV Alcohol, Tobacco and Firearms, Bureau of 27, I Community Development Financial Institutions Fund 12, XVIII Comptroller of the Currency 12, I Customs Service, United States 19, I Engraving and Printing, Bureau of 31, VI Federal Acquisition Regulation 48, 10 Federal Law Enforcement Training Center 31, VII Fiscal Service 31, II Foreign Assets Control, Office of 31, V Internal Revenue Service 26, I International Investment, Office of 31, VIII Monetary Offices 31, I Secret Service 31, IV Secretary of the Treasury, Office of 31, Subtitle A Thrift Supervision, Office of 12, V Truman, Harry S. Scholarship Foundation 45, XVIII United States and Canada, International Joint Commission 22, IV United States and Mexico, International Boundary and Water 22, XI Commission, United States Section Utah Reclamation Mitigation and Conservation Commission 43, III Veterans Affairs Department 38, I Federal Acquisition Regulation 48, 8 Veterans’ Employment and Training, Office of the Assistant 41, 61; 20, IX Secretary for Vice President of the United States, Office of 32, XXVIII Vocational and Adult Education, Office of 34, IV Wage and Hour Division 29, V Water Resources Council 18, VI Workers’ Compensation Programs, Office of 20, I World Agricultural Outlook Board 7, XXXVIII

756

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00034 Fmt 8092 Sfmt 8092 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B Table of OMB Control Numbers

The OMB control numbers for chapter I of title 47 were consolidated into § 0.408 at 61 FR 51023, Sept. 30, 1996. Section 0.408 is reprinted below for the convenience of the user.

§ 0.408 OMB control numbers and expi- for each approved information collec- ration dates assigned pursuant to tion requirement. Not withstanding the Paperwork Reduction Act. any other provisions of law, no person (a) Purpose. This section collects and shall be subject to any penalty for fail- displays the control numbers and expi- ing to comply with a collection of in- ration dates for the Commission infor- formation subject to the Paperwork mation collection requirements as- Reduction Act (PRA) that does not dis- signed by the Office of Management play a valid control number. Questions and Budget (‘‘OMB’’) pursuant to the concerning the OMB control numbers Paperwork Reduction Act of 1995, Pub- and expiration dates should be directed lic Law 104–13. The Commission intends to the Associate Managing Director— that this section comply with the re- Performance Evaluation and Records quirement that agencies display cur- Management, Federal Communications rent control numbers and expiration Commission, Washington, DC 20554. dates assigned by the Director of OMB (b) Display.

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0003 FCC 610 ...... 10/31/99 3060±0004 Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation, ET Doc. 96±62 ... 06/31/01 3060±0009 FCC 316 ...... 05/31/99 3060±0010 FCC 323 ...... 09/30/98 3060±0012 Parts 21, 23, 25 and 101 and FCC 701 ...... 05/31/00 3060±0016 FCC 346 ...... 07/31/00 3060±0017 FCC 347 ...... 07/31/00 3060±0020 FCC 406 ...... 05/31/99 3060±0021 FCC 480 ...... 12/31/00 3060±0022 FCC 610A ...... 06/30/01 3060±0024 Sec. 76.29 ...... 08/31/01 3060±0025 FCC 755 ...... 07/31/00 3060±0027 FCC 301 ...... 12/31/00 3060±0028 FCC 313 ...... 02/28/99 3060±0029 FCC 302±TV ...... 12/31/00 3060±0031 FCC 314 ...... 10/31/98 3060±0032 FCC 315 ...... 10/31/98 3060±0034 FCC 340 ...... 12/31/00 3060±0035 FCC 313±R ...... 04/30/00 3060±0040 FCC 404/404±R ...... 08/31/00 3060±0041 FCC 301±A ...... 02/28/00 3060±0048 FCC 704 ...... 05/31/00 3060±0049 FCC 753 ...... 06/30/00 3060±0051 FCC 405±B ...... 08/31/00 3060±0053 FCC 703 ...... 11/30/99 3060±0054 FCC 820 ...... 02/28/99 3060±0055 FCC 327 ...... 04/30/00 3060±0056 FCC 730 ...... 03/31/00 3060±0057 FCC 731 ...... 09/30/99 3060±0059 FCC 740 ...... 12/31/98 3060±0061 FCC 325 ...... 07/31/01 3060±0062 FCC 330 ...... 11/31/98 3060±0065 FCC 422 ...... 09/30/98 3060±0066 FCC 330±R ...... 07/31/00 3060±0068 FCC 702 ...... 08/31/00 3060±0069 FCC 756 ...... 09/30/99 3060±0072 FCC 409 ...... 08/31/01 3060±0075 FCC 345 ...... 12/31/99

757

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00035 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B § 0.408 47 CFR (10–1–99 Edition)

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0076 FCC 395 ...... 12/31/99 3060±0079 FCC 610±B ...... 08/31/99 3060±0084 FCC 323±E ...... 04/30/99 3060±0089 FCC 503 ...... 09/30/98 3060±0093 FCC 405 ...... 05/31/00 3060±0095 FCC 395±A, 395±AS ...... 06/30/99 3060±0096 FCC 506, 506±A ...... 08/31/99 3060±0099 FCC M ...... 08/31/99 3060±0104 FCC 572 ...... 05/31/00 3060±0105 FCC 430 ...... 09/30/00 3060±0106 Sec. 43.61, FCC 43.61 ...... 05/31/01 3060±0107 FCC 405±A ...... 01/31/00 3060±0108 FCC 201 ...... 05/31/01 3060±0110 FCC 303±S ...... 05/31/01 3060±0113 FCC 396 ...... 01/31/00 3060±0119 Sec. 90.145 ...... 12/31/99 3060±0120 FCC 396±A ...... 10/31/99 3060±0126 Sec. 73.1820 ...... 08/31/99 3060±0127 FCC 1046 ...... 03/31/00 3060±0128 FCC 574 ...... 08/31/01 3060±0132 FCC 1068A ...... 12/30/00 3060±0134 FCC 574±R ...... 05/31/99 3060±0136 FCC 574±T ...... 12/31/00 3060±0139 FCC 854/854±R ...... 12/31/98 3060±0141 FCC 402±R ...... 06/30/00 3060±0147 Sec. 64.804 ...... 01/31/00 3060±0149 Part 63, Sec. 214, 63.01±63.601 ...... 12/31/98 3060±0157 Sec. 73.99 ...... 02/28/00 3060±0160 Sec. 73.158 ...... 02/28/99 3060±0161 Sec. 73.61 ...... 12/31/99 3060±0165 Part 41 Sec. 41.31 ...... 01/31/00 3060±0166 Part 42 ...... 11/30/98 3060±0168 Sec. 43.43 ...... 12/31/99 3060±0169 Sec. 43.51, 43.53 ...... 11/30/98 3060±0170 Sec. 73.1030 ...... 01/31/99 3060±0171 Sec. 73.1125 ...... 12/31/00 3060±0173 Sec. 73.1207 ...... 05/31/00 3060±0174 Sec. 73.1212 ...... 03/31/99 3060±0175 Sec. 73.1250 ...... 10/31/99 3060±0176 Sec. 73.1510 ...... 12/31/99 3060±0178 Sec. 73.1560 ...... 12/31/99 3060±0179 Sec. 73.1590 ...... 06/30/01 3060±0180 Sec. 73.1610 ...... 01/31/99 3060±0181 Sec. 73.1615 ...... 12/31/99 3060±0182 Sec. 73.1620 ...... 02/28/01 3060±0184 Sec. 73.1740 ...... 01/31/99 3060±0185 Sec. 73.3613 ...... 07/31/01 3060±0187 Sec. 73.3594 ...... 02/28/01 3060±0188 Sec. 73.3550 ...... 07/31/00 3060±0190 Sec. 73.3544 ...... 02/28/01 3060±0192 Sec. 87.103 ...... 01/31/01 3060±0194 Sec. 74.21 ...... 01/31/99 3060±0202 Sec. 87.37 ...... 12/31/00 3060±0204 Sec. 90.38(B) ...... 04/30/99 3060±0206 Part 21 ...... 05/31/01 3060±0207 Section 11.52 ...... 12/31/98 3060±0208 Sec. 73.1870 ...... 01/31/00 3060±0209 Sec. 73.1920 ...... 10/31/99 3060±0210 Sec. 73.1930 ...... 06/30/01 3060±0211 Sec. 73.1943 ...... 07/31/01 3060±0212 Sec. 73.2080 ...... 12/31/99 3060±0213 Sec. 73.3525 ...... 11/30/00 3060±0214 Sec. 73.3526 ...... 12/31/99 3060±0215 Sec. 73.3527 ...... 12/31/99 3060±0216 Sec. 73.3538 ...... 11/30/98 3060±0219 Sec. 90.49(b) ...... 10/31/99 3060±0221 Time in which stations must be placed in operation (exceptions) ...... 04/30/01 3060±0222 Sec. 97.213 ...... 12/31/00 3060±0223 Sec. 90.129(B) ...... 05/31/99 3060±0224 Sec. 90.151 ...... 2/28/01 3060±0225 Sec. 90.131(B) ...... 09/30/99 3060±0226 Sec 90.135(d) & (e) ...... 02/28/01

758

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00036 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B OMB Control Numbers § 0.408

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0228 Sec 80.59 ...... 08/31/01 3060±0233 Part 36 ...... 07/31/99 3060±0236 Sec 74.703 ...... 07/31/99 3060±0240 Sec 74.651 ...... 02/28/00 3060±0241 Sec 74.633 ...... 02/28/00 3060±0242 Sec 74.604 ...... 02/28/00 3060±0243 Sec 74.551 ...... 05/31/99 3060±0245 Sec 74.537 ...... 05/31/99 3060±0246 Sec 74.452 ...... 07/31/00 3060±0248 Sec 74.751 ...... 07/31/99 3060±0249 Sec 74.781 ...... 01/31/00 3060±0250 Sec 74.784 ...... 01/31/00 3060±0251 Sec 74.833 ...... 10/31/99 3060±0253 Part 68 Sec 68.106, 68.108, 68.110 ...... 04/30/01 3060±0254 Sec 74.433 ...... 07/31/00 3060±0258 Sec 90.176 ...... 10/31/99 3060±0259 Sec 90.263 ...... 12/31/00 3060±0261 Sec 90.215 ...... 12/31/00 3060±0262 Sec 90.179 ...... 11/30/98 3060±0263 Sec 90.177 ...... 09/30/99 3060±0264 Sec 80.413 ...... 12/31/00 3060±0270 Sec 90.443 ...... 01/31/00 3060±0280 Sec 90.633(F) & (G) ...... 05/31/99 3060±0281 Sec 90.651 ...... 02/28/01 3060±0286 Sec 80.302 ...... 04/30/01 3060±0287 Sec 78.69 ...... 11/30/98 3060±0288 Sec 78.33 ...... 12/31/99 3060±0289 Sec 76.601 ...... 02/28/99 3060±0290 Sec 90.517 ...... 05/31/99 3060±0291 Sec 90.477 ...... 02/28/01 3060±0292 Part 69 ...... 09/30/00 3060±0295 Sec 90.607(b)(1) & (c)(1) ...... 12/31/00 3060±0297 Sec 80.503 ...... 12/31/00 3060±0298 Part 61 ...... 10/31/00 3060±0307 Sec 90.629(A) ...... 04/30/99 3060±0308 Sec 90.505 ...... 03/31/01 3060±0309 Sec 74.1281 ...... 09/30/99 3060±0310 Sec 76.12 ...... 12/31/99 3060±0311 Sec 76.54 ...... 09/30/99 3060±0313 Sec 76.207 ...... 07/31/01 3060±0314 Sec 76.209 ...... 03/31/01 3060±0315 Sec 76.221 ...... 09/30/99 3060±0316 Sec 76.305 ...... 07/31/01 3060±0318 FCC 489 ...... 12/31/00 3060±0319 FCC 490 ...... 09/30/00 3060±0320 Sec 73.1350 ...... 04/30/01 3060±0321 Sec 73.68 ...... 02/28/99 3060±0325 Sec 80.605 ...... 06/30/99 3060±0326 Sec 73.69 ...... 09/30/99 3060±0329 Sec. 2.955 ...... 04/30/99 3060±0330 Part 62 ...... 04/30/01 3060±0331 Sec. 76.615 ...... 05/31/01 3060±0332 Sec. 76.614 ...... 09/30/98 3060±0340 Sec. 73.51 ...... 08/31/00 3060±0341 Sec. 73.1680 ...... 08/31/00 3060±0342 Sec. 74.1284 ...... 07/31/00 3060±0344 Sec. 1.1705 ...... 08/31/00 3060±0345 Sec. 1.1709 ...... 08/31/00 3060±0346 Sec. 78.27 ...... 03/31/01 3060±0347 Sec. 97.311 ...... 11/30/00 3060±0348 Sec. 76.79 ...... 02/28/01 3060±0349 Sec. 76.73 and 76.75 ...... 02/28/01 3060±0355 FCC 492 and FCC 492A ...... 07/31/01 3060±0357 Sec. 63.701 ...... 08/31/01 3060±0360 Sec. 80.409(c) ...... 10/31/98 3060±0361 Sec. 80.29 ...... 04/30/01 3060±0362 Sec. 80.401 ...... 08/31/99 3060±0364 Sec. 80.409 (d) and (e) ...... 10/31/98 3060±0368 Sec. 97.523 ...... 08/31/00 3060±0370 Part 32 ...... 12/31/00 3060±0374 Sec. 73.1690 ...... 11/30/98 3060±0384 Sec. 64.904 ...... 02/28/99

759

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00037 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B § 0.408 47 CFR (10–1–99 Edition)

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0386 Sec. 73.1635 ...... 05/31/99 3060±0387 Sec 15.201(d) ...... 05/31/99 3060±0390 FCC 395B ...... 12/31/99 3060±0391 Monitoring Program for Impact of Federal State Joint Board Decisions ...... 11/30/98 3060±0392 Sec. 1.1401±1.1416 ...... 07/31/01 3060±0393 Sec. 73.45 ...... 10/31/99 3060±0394 Sec. 1.420 ...... 10/31/99 3060±0395 Sec. 43.21 and 43.22 FCC 43±02, FCC 43±05 and FCC 43±07 ...... 09/30/98 3060±0397 Sec. 15.7(A) ...... 04/30/00 3060±0398 Sec. 2.948, 15.117(G)(2), 80.1053 ...... 10/31/99 3060±0400 Tariff Review Plan ...... 09/30/99 3060±0404 FCC 350 ...... 02/28/00 3060±0405 FCC 349 ...... 09/30/98 3060±0407 FCC 307 ...... 06/30/00 3060±0410 FCC 495A and FCC 495B ...... 03/31/00 3060±0411 Sec. 1.720±1.735 ...... 02/28/01 3060±0414 Terrain Shielding Policy ...... 09/30/00 3060±0419 Sec. 76.94, 76.95, 76.155, 76.156, 76.157, 76.159 ...... 09/30/98 3060±0421 New Service Reporting Requirements under Price Cap Regulation ...... 02/28/99 3060±0422 Sec. 68.5 ...... 11/31/98 3060±0423 Sec. 73.3588 ...... 10/31/99 3060±0425 Sec. 74.913 ...... 07/31/01 3060±0427 Sec. 73.3523 ...... 09/30/00 3060±0430 Sec. 1.1206 ...... 09/30/01 3060±0433 FCC 320 ...... 01/31/99 3060±0434 Sec. 90.19(F)(7) ...... 05/31/99 3060±0435 Sec. 80.361 ...... 10/31/99 3060±0436 Sec. 15.214 and 68.200 ...... 05/31/99 3060±0438 FCC 464 ...... 12/31/00 3060±0439 Regulations Concerning Indecent Communications by Telephone ...... 03/31/01 3060±0441 Sec. 90.621(B)(4) ...... 08/31/99 3060±0443 FCC 572C ...... 05/31/99 3060±0444 FCC 800A ...... 06/30/01 3060±0448 Sec. 63.07 ...... 08/31/00 3060±0449 Sec. 1.65(c) ...... 01/31/99 3060±0452 Sec. 73.3589 ...... 10/31/99 3060±0454 Regulation of International Accounting Rates ...... 07/31/01 3060±0461 Sec. 90.173 ...... 12/31/99 3060±0463 Telecommunications Services for Individuals with Hearing and Speech Disabilities ...... 07/31/00 3060±0465 Sec. 74.985 ...... 12/31/99 3060±0466 Sec. 74.1283 ...... 01/31/00 3060±0470 Computer III Remand Proceeding: BOC Safeguards and Tier 1 LEC Safeguards and Implementation of Further Costs, CC Docket 90±623 ...... 11/30/98 3060±0473 Sec. 74.1251 ...... 12/31/99 3060±0474 Sec. 74.1263 ...... 02/28/00 3060±0475 Sec. 90.713 ...... 12/31/98 3060±0478 Informational Tariffs ...... 04/30/00 3060±0481 FCC 452R ...... 08/31/00 3060±0483 Sec. 73.687 ...... 07/31/00 3060±0484 Sec. 63.100 ...... 02/28/99 3060±0488 Sec. 73.30 ...... 02/28/01 3060±0489 Sec. 73.37 ...... 02/28/01 3060±0490 Sec. 74.902 ...... 03/31/01 3060±0491 Sec. 74.991 ...... 03/31/01 3060±0492 Sec. 74.992 ...... 02/28/01 3060±0493 Sec. 74.986 ...... 02/28/01 3060±0494 Sec. 74.990 ...... 02/28/01 3060±0496 FCC Report 43±08 ...... 09/30/98 3060±0500 Sec. 76.607 ...... 07/31/01 3060±0501 Sec. 76.206 ...... 07/31/01 3060±0502 Sec. 73.1942 ...... 07/31/01 3060±0504 Sec. 90.658 ...... 11/30/98 3060±0506 FCC 302±FM ...... 12/31/00 3060±0508 Rewrite and Update of Part 22, of the Public Mobile Service Rules, CC Docket 92±115 ...... 01/31/01 3060±0511 FCC Report 43±04 ...... 09/30/98 3060±0512 ARMIS Annual Summary Report, FCC Report 43±01 ...... 09/30/98 3060±0513 FCC Report 43±03 ...... 09/30/98 3060±0514 Sec. 43.21(c) ...... 02/28/00 3060±0515 Sec. 43.21(d) ...... 11/30/98 3060±0516 Revision of Radio Rules and Policies, Time Brokerage Ruling ...... 11/30/98 3060±0519 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 ...... 09/30/98 3060±0520 Sec. 90.127(E) ...... 02/28/99

760

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00038 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B OMB Control Numbers § 0.408

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0526 Density Pricing Zone Plans, Expanded Interconnection with Local Telephone Facilities (CC Docket 91±141) ...... 01/31/99 3060±0531 Local Multipoint Distribution Service (LMDS) ...... 06/30/00 3060±0532 Sec. 2.975(A)(8) and 2.1033(B)(12) ...... 05/31/99 3060±0536 FCC 431 ...... 09/30/00 3060±0537 Sec. 13.217 ...... 05/31/99 3060±0540 Tariff Filing Requirement for Nondominant Common Carriers ...... 02/28/99 3060±0541 FCC 464±A ...... 02/28/99 3060±0543 Signal Booster Stations, Sec 21.913 ...... 07/31/99 3060±0544 Sec. 76.701 ...... 10/31/00 3060±0546 Sec. 76.59 ...... 06/30/99 3060±0547 Sec. 76.61 and 76.7 ...... 09/30/98 3060±0548 Sec. 76.302 and 76.56 ...... 09/30/98 3060±0549 FCC 329 ...... 09/30/98 3060±0550 FCC 328 ...... 08/31/99 3060±0551 Sec. 76.1002 & 76.1004 ...... 05/31/00 3060±0552 Sec. 76.1003 & 76.1004 ...... 05/31/00 3050±0554 Section 87.199 ...... 06/30/99 3060±0556 Sec. 80.1061 ...... 06/30/99 3060±0560 Sec. 76.911 ...... 07/31/01 3060±0561 Sec. 76.913 ...... 08/31/00 3060±0562 Sec. 76.916 ...... 04/30/01 3060±0563 Sec. 76.915 ...... 06/30/00 3060±0564 Sec. 76.924 ...... 08/31/99 3060±0565 Sec. 76.944 ...... 08/31/00 3060±0567 Sec. 76.962 ...... 11/30/98 3060±0568 Commercial Leased Access Rates, Terms, & Conditions, Sec. 76.970 ...... 04/30/00 3060±0569 Sec. 76.975 ...... 06/30/00 3060±0570 Sec. 76.982 ...... 04/30/01 3060±0572 Filing Manual for Annual International Circuit Status Reports, Sec. 43.82 ...... 05/31/99 3060±0573 FCC 394 ...... 09/30/99 3060±0574 FCC 395-M ...... 06/30/99 3060±0576 FCC 610R ...... 08/31/99 3060±0577 Expanded Interconnection with Local Telephone Company Facilities ...... 09/30/00 3060±0579 Expanded Interconnection with Local Telephone Company Facilities for Interstate Switched Transport Service ...... 09/30/00 3060±0580 Sec. 76.504 ...... 06/30/00 3060±0581 Sec. 76.503 ...... 01/31/00 3060±0582 Sec. 76.1302 ...... 03/31/00 3060±0584 FCC 45 FCC 44 ...... 07/31/99 3060±0589 FCC 159, and 159C ...... 12/31/00 3060±0594 FCC 1220 ...... 05/31/01 3060±0595 FCC 1210 ...... 07/31/01 3060±0599 Implementation of Sections 3(n) and 322 of the Communications Act, GN 93±253 ...... 06/30/00 3060±0600 FCC 175 and 175±S ...... 11/30/98 3060±0601 FCC 1200 ...... 05/31/01 3060±0602 Sec. 76.917 ...... 04/30/00 3060±0607 Sec. 76.922 ...... 08/31/00 3060±0609 Sec. 76.934(D) ...... 04/30/01 3060±0610 Sec. 76.958 ...... 04/30/01 3060±0611 Sec. 74.783 ...... 07/31/00 3060±0613 Expanded Interconnection with Local Telephone Company Facilities, CC Docket 91±141 ...... 09/30/98 3060±0621 FCC 401, 405, 430, 489, 490 and 854 ...... 01/31/01 3060±0623 FCC 600 ...... 02/28/99 3060±0624 Amendment of the Commission's Rules to Establish New Narrowband Personal Communications Services, ET Docket 92±100 and GN Docket 90±314 ...... 10/31/00 3060±0625 Amendment of the Commission's Rules to Establish New Personal Communications Services, GN Docket 90±314 ...... 11/30/00 3060±0626 Implementation of Sections 3(N) and 332 of the Communications Act, GN Docket 93±252 ...... 12/31/00 3060±0627 FCC 302±AM ...... 04/30/01 3060±0629 Sec. 76.987(G) ...... 05/31/01 3060±0630 Sec. 73.62 ...... 06/30/01 3060±0633 Sec. 73.1230, 74.165, 74.432, 74.564, 74.664, 74.765, 74.832, 74.965 and 74.1265 ...... 06/30/01 3060±0634 Sec. 73.691 ...... 04/30/01 3060±0635 FCC 610±V ...... 03/31/01 3060±0636 Part 2 and 18 ...... 09/30/98 3060±0638 Sec. 76.934(F)(1) ...... 11/30/98 3060±0639 Implementation of Section 309(J) of the Communications Act Competitive Bidding, PP 93±253 ...... 10/31/98 3060±0640 FCC 800I ...... 10/31/98 3060±0641 FCC 218±I ...... 09/30/99 3060±0644 FCC 1230 ...... 11/30/98 3060±0645 Antenna Registration, Part 17 ...... 02/28/99

761

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00039 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B § 0.408 47 CFR (10–1–99 Edition)

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0646 Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers: CC Docket 94±129 ...... 01/31/01 3060±0647 FCC Annual Survey of Cable Industry Prices (1997 Price Survey) ...... 12/31/98 3060±0648 Sec. 21.902 ...... 09/30/98 3060±0649 Sec. 76.58 ...... 09/30/98 3060±0650 Sec. 76.502 ...... 09/30/98 3060±0651 Sec. 76.9 ...... 09/30/98 3060±0652 Sec. 76.309 and 76.964 ...... 09/30/98 3060±0653 Sec. 64.703(b) ...... 09/30/98 3060±0654 FCC 304 ...... 09/30/98 3060±0655 Request for Waivers of Regulatory Fees Predicated on Allegations of Financial Hardship, MM Docket 94±19 ...... 09/30/98 3060±0656 FCC 175±M ...... 09/30/98 3060±0657 Sec. 21.956 ...... 09/30/98 3060±0658 Sec. 21.960 ...... 09/30/98 3060±0660 Sec. 21.937 ...... 09/30/98 3060±0661 Sec. 21.931 ...... 09/30/98 3060±0662 Sec. 21.930 ...... 09/30/98 3060±0663 Sec. 21.934 ...... 09/30/98 3060±0664 FCC 304A ...... 09/30/98 3060±0665 Sec. 64.707 ...... 09/30/98 3060±0666 Sec. 64.703(a) ...... 09/30/98 3060±0667 Sec. 76.630 ...... 09/30/98 3060±0668 Sec. 76.936 ...... 09/30/98 3060±0669 Sec. 76.946 ...... 09/30/98 3060±0673 Sec. 76.956 ...... 09/30/98 3060±0674 Sec. 76.931 and 76.932 ...... 09/30/98 3060±0676 Sec. 64.1100 ...... 09/30/98 3060±0678 FCC 312 ...... 05/31/01 3060±0679 Streamlining the Commission's Rules and Regulations for Satellite Application and Licensing Proce- dures ...... 09/30/98 3060±0681 Toll-Free Access Codes ...... 09/30/00 3060±0682 Sec. 63.16 ...... 01/31/99 60±0683 Direct Broadcast Satellite Service ...... 01/31/99 3060±0684 Cost Sharing Plan for Microwave Relocation ...... 08/31/99 3060±0685 FCC 1240 ...... 05/31/01 3060±0686 Streamlining the International Section 214 Authorization Process and Tariff Requirements ...... 06/30/01 3060±0687 Access to Telecommunications Equipment and Services by Persons with Disabilities ...... 02/28/99 3060±0688 FCC 1235 ...... 02/28/99 3060±0690 ET Docket 95±183, FCC 402, FCC 494 ...... 06/30/01 3060±0691 Amendment to Part 2 and 90 of the Commission's Rules to Provide for the Use of 200 Channels Outside the Designated Filing Areas in the 896±901 MHZ Bands Allotted to Specialized Mobile ..... 06/30/99 3060±0692 Sec. 76.802 ...... 03/31/01 3060±0695 WT Docket No. 96±1 ...... 04/30/99 3060±0697 Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Pag- ing Systems ...... 04/30/99 3060±0698 Amendment of the Commission's Rules to Establish a Radio Astronomy Coordination Zone in Puerto Rico ...... 01/31/01 3060±0699 Streamlining Broadcast EEO Rules and Policies, Vacating the EEO Forfeiture Policy Statement and Amending Section 1.80 of the Commission's RulesÐMM Doc. 96±16 ...... 05/31/99 3060±0700 FCC 1275 ...... 07/31/00 3060±0701 CC Docket 96±23 ...... 05/31/99 3060±0702 Amendment to Part 20 and 24 of the Commission's Rules Broadband PCS Competitive Bidding and the Commercial Mobile Radio Service Spectrum Cap ...... 05/31/99 3060±0703 FCC 1205 ...... 06/30/99 3060±0704 Policy and Rules Concerning the Interstate, Interexchange Marketplace, Implementation of Section 254(g) of the Communications Act of 1934, as amendedÐCC Doc. 96±61 ...... 03/31/01 3060±0706 Order and NPRM on Cable Reform: Implementation of the Telecommunications Act of 1996 ...... 10/31/98 3060±0707 Restriction on Over-the Air Reception Devices (NPRM) ...... 10/31/99 3060±0708 NPRM in MM Docket 96±58, Amendments of Parts 73 and 74 of the Commission's Rules to Permit Certain Minor Changes in Broadcast Facilities Without a Construction Permit ...... 07/31/99 3060±0709 Revision to Part 22 and Part 90 to Facilitate Future Development of the Paging System and Imple- mentation of Section 309(j) of the Communications Act ...... 01/31/00 3060±0710 Policy and Rules Concerning the Implementation of the Local Competition Provisions in the Tele- communications Act of 1996ÐCC Doc. 96±98 ...... 02/28/00 3060±0711 Implementation of Section 34(a)(1) of the Public Utility Holding Act of 1935, as amended by the Tele- communications Act of 1996ÐGC Doc. 96±101 ...... 07/31/99 3060±0712 Petition for Declaratory Ruling by Inmate Calling Services Providers Task Force ...... 07/31/99 3060±0713 Alternative Broadcast Inspection Program ...... 07/31/99 3060±0714 Antenna Registration Number Required as Supplement to Application Forms ...... 09/30/99 3060±0715 Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Cus- tomer Proprietary Network Information and Other Customer InformationÐCC Doc. 96±115 ...... 06/30/01

762

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00040 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B OMB Control Numbers § 0.408

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0716 Section 73.1630 ...... 08/31/99 3060±0717 CC Docket No. 92±77d ...... 05/31/01 3060±0718 Part 101 Governing the Terrestrial Microwave Fixed Radio Service ...... 09/30/99 3060±0719 Quarterly Report of IntraLATA Carriers Listing Pay Phone Automatic Numbering Identifications (ANIs) ...... 12/31/99 3060±0720 Proposed Report of Bell Operating Companies of Modified Comparably Efficient Interconnection Plans ...... 09/30/99 3060±0721 One-Time Report of Local Exchange Companies of Cost Accounting Studies ...... 12/31/99 3060±0722 Proposed Initial Report of Bell Operating Companies of Comparably Efficient Interconnect Plans ...... 08/31/99 3060±0723 Public Disclosure of Network Information by Bell Operating Companies ...... 12/31/99 3060±0724 Annual Report of Interexchange Carriers Listing the Compensation Amount Paid to Pay Phone Pro- viders and the Number of Payees ...... 12/31/99 3060±0725 Proposed Annual Filing of Nondiscrimination Reports (On Quality of Service, Installation, and Mainte- nance) by BOC's ...... 08/31/99 3060±0726 Proposed Quarterly Report of Interexchange Carriers Listing the Number of Dial-Around Calls for which Compensation is Being Paid to Pay Phone Owners ...... 12/31/99 3060±0727 Sec. 73.213 ...... 11/30/00 3060±0728 Supplemental Information Requesting Taxpayer Identifying Numbers for Debt Collection ...... 05/31/00 3060±0729 Bell Operating Provision of Out-of-Region Interexchange Services (Affiliated Company Record- keeping Requirements) ...... 12/31/99 3060±0730 Toll-Free Service Access Codes, 800/888 Number Release Procedures ...... 02/28/00 3060±0731 Telecommunications Relay Services (TRS) ...... 09/30/99 3060±0732 Consumer Education Concerning Wireless 911 ...... 10/31/98 3060±0734 Implementation of the Telecommunications Act of 1996: Accounting Safeguards under the Tele- communications Act of 1996 ...... 03/31/00 3060±0735 Partitioning and Disaggregation ...... 09/30/99 3060±0736 Implementation of the Non-Accounting Safeguards of Section 271 and 272 of the Communications Act of 1934, as amendedÐCC Docket 96±149 ...... 09/30/99 3060±0737 Disclosure Requirements for Information Services Provided under a Presubscription or Comparable Arrangement ...... 09/30/99 3060±0738 Implementation of the Telecommunications Act of 1996: Electronic Publishing and Alarm Monitoring Services ...... 04/30/00 3060±0739 Amendment of the Commission's Rules to Establish Competitive Service Safeguards for Local Ex- change Carrier Provisions of Commercial Mobile Radio Service ...... 01/31/01 3060±0740 Sec. 95.1015 ...... 10/31/99 3060±0741 Implementation of the Local Competition Provisions on the Telecommunications Act of 1996ÐCC Docket No. 96±96, Second Report and Order and Memorandum Opinion and Order ...... 10/31/99 3060±0742 Part 52, Subpart C, Sec. 52.21Ð52.31 ...... 12/31/99 3060±0743 Implementation of the Local Competition Provisions on the Telecommunications Act of 1996ÐCC Docket No. 96±128 ...... 12/31/99 3060±0745 Implementation of the Local Exchange Carrier Tariff Streamlining Provisions in the Telecommuni- cations Act of 1996ÐCC Docket No. 96±187 ...... 12/31/00 3060±0746 FCC 900 ...... 06/30/00 3060±0747 FCC 415 ...... 12/31/99 3060±0748 Sec. 64.1504, CC Docket No. 96±146 ...... 12/31/99 3060±0749 Sec. 64.1509 ...... 01/31/00 3060±0750 Sec. 73.673 ...... 12/31/99 3060±0751 Regulation of International Accounting Rates: CC Docket No. 90±337 ...... 01/31/00 3060±0752 Billing Disclosure Requirements for Pay-Per-Call and Other Information Services, 47 CFR 64.1510 ... 01/31/00 3060±0753 Policy and Rules Concerning the Interstate, Interexchange Marketplace, CC Docket 9661 (Integrated Rate Plans) ...... 01/31/00 3060±0754 FCC 398 ...... 12/31/99 3060±0755 Infrastructure SharingÐCC Docket 96±237 ...... 05/31/00 3060±0756 Procedural Requirements and Policies for Commission Processing of Bell Operating Company Appli- cations for the Provision of In-Region, InterLATA Services under Section 271 of the Communica- tions Act ...... 06/30/01 3060±0757 FCC Auctions Customer Survey ...... 09/30/00 3060±0758 Amendment of Part 5 of the Commission's Rules to Revise the Experimental Radio Service Regula- tionsÐET Docket No. 96±256 (Proposed Rule) ...... 03/31/00 3060±0759 Implementation of Section 273 of the Communications Act of 1934, as Amended by the Tele- communications Act of 1996 ...... 04/30/00 3060±0760 Access Charge ReformÐCC Docket No. 96±272 (First Report and Order) ...... 10/31/98 3060±0761 Closed Captioning of Video Programming ...... 12/31/00 3060±0762 Sec. 274 (b)(3)(B), CC Docket No. 96±152 (FNPRM) ...... 04/30/00 3060±0763 ARMIS Customer Satisfaction Report, FCC 43±06 ...... 09/30/98 3060±0764 Regulation of International Accounting RatesÐCC Docket No. 90±337 ...... 10/31/00 3060±0765 Revision of Part 22 and Part 90 of the Commission's Rules to Facilitate Future Development of Pag- ing Systems (Further Notice of Proposed Rulemaking) ...... 05/31/00 3060±0767 Auction Forms and License Transfer Disclosures; Supplement Fifth Notice of Proposed Rulemaking in CC Docket No. 92±297 ...... 10/31/98 3060±0768 28 GHz Band Segmentation Plan Amending the Commission's Rules to Redesignate the 27.5Ð29.5 GHz Frequency Band, to Reallocate the 29.5Ð30.0 GHz Frequency Band, and to Establish ...... 06/30/00

763

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00041 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B § 0.408 47 CFR (10–1–99 Edition)

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0769 Aeronautical Services Transition Plan ...... 06/30/00 3060±0770 Price Cap Performance Review for Local Exchange CarriersÐCC Docket No. 94±1 ...... 06/30/00 3060±0771 Sec. 5.56 ...... 10/31/00 3060±0773 Sec. 2.803 ...... 07/31/00 3060±0774 Federal-State Joint Board on Universal ServiceÐCC Docket No. 96±45, 47 CFR 36.611Ð36.612 and 47 CFR Part 54 ...... 11/30/98 3060±0775 47 CFR 64.1901Ð64.1903 ...... 07/31/00 3060±0777 Access Charge ReformÐCC Docket No. 92±262 (Further Notice of Proposed Rulemaking ...... 08/31/00 3060±0779 Amendment to Part 90 of the Commission's Rules to Provide for Use of the 220±222 MHz Band by the Private Land Mobile Radio Service, PR Doc. 89±552 ...... 08/31/00 3060±0780 Uniform Rate-Setting Methodology ...... 09/30/00 3060±0782 Petitions for Limited Modification of LATA Boundaries to Provide Expanded Local Calling Service (ELCS) at Various Locations ...... 01/31/01 3060±0783 Coordination Notification Requirements on Frequencies Below 512 MHzÐSec. 90.176 ...... 09/30/00 3060±0785 FCC 457 ...... 01/31/99 3060±0786 Petitions for LATA Association Changes by Independent Telephone Companies ...... 01/31/01 3060±0787 Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996 ...... 10/31/00 3060±0788 DTV Showings/Interference Agreements ...... 07/31/01 3060±0789 Modified Alternative Plan, CC Doc. 90±571, Order (``1997 Suspension Order'') ...... 06/30/01 3060±0790 Section 68.110(c) ...... 11/30/00 3060±0791 CC Docket No. 93±240 ...... 11/30/00 3060±0793 Procedures for State Regarding Lifeline Consent, Adoption of Intrastate Discount Matrix for Schools and Libraries, and Designation of Eligible Telecommunications Carriers ...... 07/31/01 3060±0794 DTV Report on Construction Progress ...... 11/30/00 3060±0795 ULS TIN Registration and FCC 606 ...... 02/28/01 3060±0796 Administration of the North American Numbering Plan, Carrier Identification Codes (CICs), CC Dock- et No. 92±237 ...... 12/31/00 3060±0797 FCC 604 ...... 11/30/00 3060±0798 FCC 601 ...... 05/31/01 3060±0799 FCC 602 ...... 11/30/00 3060±0800 FCC 603 ...... 11/30/00 3060±0801 Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Com- munications Services (PCS) Licensees ...... 10/31/98 3060±0802 Administration of the North American Numbering Plan, Order on Reconsideration, Message Intercept Requirement, CC Docket No. 92±237 ...... 08/31/01 3060±0804 FCC 465, 466, 467, and 468 ...... 07/31/01 3060±0805 Development of Operational, Technical, and Spectrum Requirements for Meeting Federal, State, and Local Public Safety Agency Communications Requirements through the Year 2010 ...... 01/31/01 3060±0806 Universal Service: Schools and Libraries Program, FCC 470 and 471 ...... 06/30/01 3060±0807 Petitions for PreemptionÐ47 CFR 51.803 and Supplemental Procedures for Petitions to Section 252(e)(5) of the Communications Act of 1934, as amended ...... 04/30/01 3060±0808 Amendments to Uniform System of Accounts for Interconnection, CC Docket No. 97±212 ...... 02/28/01 3060±0809 Communications Assistance for Law Enforcement Act (CALEA), CC Docket No. 97±213 ...... 02/28/01 3060±0810 Procedures for Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of the Communications Act of 1934, as amended ...... 05/31/01 3060±0811 Implementation of Section 309(j) of the Communications Act, MM Docket No. 97±234 ...... 02/28/01 3060±0813 Revision of the Commission's Rules to Ensure Compatibility with Enhanced 911 Emergency Calling Systems ...... 06/30/01 3060±0814 Local Switching Support and Local Switching Support Data Collection Form and Instructions, Section 54.301 ...... 09/30/98 3060±0815 FCC 496 ...... 10/31/98 3060±0816 Local Competition in the Local Exchange Telecommunications Services Report ...... 02/28/99 3060±0817 Computer III Further Remand Proceedings: BOC Provision of Enhanced Services (ONA Require- ments), CC Docket No. 95±20 ...... 05/31/01 3060±0818 Geocode Data Request ...... 09/30/98 3060±0819 Lifeline Assistance/Lifeline Connection Assistance (Link Up) Reporting Worksheet and Instructions, 47 CFR 54.400±54.417, FCC 497 ...... 09/30/98 3060±0820 Amendment to Parts 22, 24, 27, 90 and 101 of the Commission's Rules Concerning Non-Substantial Assignments of Wireless Licenses and Transfers of Control Involving Telecommunications ...... 09/30/98 3060±0821 DTV Engineering Analysis for De Minimis Standards ...... 09/30/98 3060±0823 Pay Telephone Reclassification, Memorandum Opinion and Order, CC Docket No. 96±128 ...... 09/30/98 3060±0824 FCC 498 ...... 09/30/98 3060±0825 Requirements for Toll-Free Service Access Codes 888/877 ...... 10/31/98 3060±0827 Request for Radio Station License Update ...... 10/31/98 3060±0828 State Forward-Looking Cost Studies for Federal Universal Service Support (Public Notice) ...... 10/31/98 3060±0829 Streamlining of Mass Media Applications, Rules and Processes ...... 07/31/01 3060±0830 Year 2000 Data Request ...... 10/31/98 983060± MDS and ITFS Two-Way Transmissions ...... 07/31/01 0831 3060±0832 Performance Measurements and Reporting Requirements for Operations Support Systems, Inter- connection, and Operator Services and Directory Assistance, CC Docket No. 98±56 ...... 07/31/01

764

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00042 Fmt 8013 Sfmt 8010 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B OMB Control Numbers § 0.408

OMB ex- OMB control FCC form number or 47 CFR section or part, docket number or title identifying the collection piration no. date

3060±0834 Reconsideration of Rules and Policies for the 220±222 MHz Radio Service ...... 12/31/98 3060±0835 Ship Inspection Certificates, FCC 806, 824, 827 and 829 ...... 12/31/98 3060±0836 Network Preempted Children's Television Education and Informational Programming ...... 12/31/98 3060±0839 Study of the Nexus Between Broadcast Ownership by Minorities and Non-Minorities and News Pub- lic Affairs Content ...... 11/30/98 3060±0850 FCC 605 ...... 10/31/01

[63 FR 52618, Oct. 1, 1998, as amended at 63 FR 68919, Dec. 14, 1998]

EDITORIAL NOTE: At 63 FR 68919, Dec. 14, 1998, FCC published an amendment adding FCC 601, FCC 602 and FCC 603. However, these entries already exist.

765

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00043 Fmt 8013 Sfmt 8006 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00044 Fmt 8013 Sfmt 8006 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected All changes in this volume of the Code of Federal Regulations which were made by documents published in the FEDERAL REGISTER since Jan- uary 1, 1986, are enumerated in the following list. Entries indicate the nature of the changes effected. Page numbers refer to FEDERAL REGISTER pages. The user should consult the entries for chapters and parts as well as sections for revisions. For the period before January 1, 1986, see the ‘‘List of CFR Sections Affected, 1949–1963 1964–1972, and 1973–1985’’ published in seven separate volumes.

1986 47 CFR—Continued 51 FR Page 47 CFR 51 FR Chapter I—Continued Page (d) introductory text and (e) re- Chapter I vised ...... 26250 Chapter Report and order ...... 4918 73.58 (a) revised ...... 2707 Policy statement...... 9794, 20975 73.68 (d)(4) revised ...... 9965 Procedural changes ...... 16688 (b) Note added...... 40435 Petitions granted in part...... 17631 73.69 (a)(2) revised ...... 9965 Petition for clarification grant- 73.127 (f) revised...... 41629 ed...... 18792 Effective date corrected ...... 44478 Rates of return; eff. 10-17-86 ...... 32920 73.128 (b)(2) and (c) removed...... 2707 Petition denied...... 44478 73.140 Removed ...... 1376 73 Petitions granted in part...... 9210 73.142 Removed ...... 1376 Authority citation revised ...... 18794, 73.144 Removed ...... 1376 19349, 19841, 24351, 24352, 28942 73.146 Removed ...... 1376 Clarification...... 26009 73.150 (a)(1) added ...... 2707 Clarification corrected ...... 28237 73.181 Removed ...... 2707 73.21 (b) introductory text and (1) 73.182 (a)(3) and (s) table revised; revised; (c) Note 4 added...... 4752 (a)(3) Note 1 removed; (a)(3) (c) Note 4 correctly designated Note 2 redesignated as (a)(3) ...... 8502 Note 1 and revised; new (a)(3) 73.25 (a)(2)(iii) Notes 1 and 3 re- Note 2 and (o) Note added ...... 4752 moved; (a)(2)(iii) Notes 2 and 4 (o) and (s) correctly designated redesignated as Notes 1 and ...... 8502 2 ...... 32088 (n) revised ...... 9965 73.26 Revised ...... 4752 (a) introductory text revised ...... 18450 Note removed ...... 32088 73.183 (b) revised...... 9965 73.27 Revised ...... 4752 73.184 Eff. 1–1–87 ...... 23764 73.40 Removed...... 2707 Effective date deferred ...... 45891 73.45 (c)(1) revised; (c)(2) re- 73.186 (b)(8), (9), and (10) removed; moved ...... 2707 (b)(6) revised ...... 2707 (c)(1) revised; (c)(2) added ...... 26250 73.188 Removed ...... 2707 73.49 Revised ...... 2707 73.189 (b)(4), (6), and (9) removed; 73.53 (b)(10) and (12) removed; (b)(5), (7), and (8) redesignated (b)(11), (13), and (14) redesig- as (b)(4), (5), and (6) ...... 2707 nated as (b) (10), (11), and (b)(2) (i) and (ii) revised ...... 4753 (12)...... 2707 73.190 (b)(3) added ...... 4753 73.54 (a) and (d) revised; (e) 73.202 (b) table corrected ...... 2712 added ...... 2707 (b) table amended...... 4170,

767

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00045 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 51 FR 47 CFR—Continued 51 FR Page Page Chapter I—Continued Chapter I—Continued 4500, 4925–4927, 6121, 8501, 8677, 4361, 4500, 5528, 6121, 6236, 11040, 9454, 10633, 11039, 11584, 11916– 11041, 11583, 12704, 16324, 19349, 11918, 12160, 13512, 15005, 15785, 19842, 20650, 23420, 23762, 30364, 15786, 16040, 16041, 16323, 16324, 35515, 37025, 43200, 45331 18794, 19349, 19841, 19842, 20976, (b) table corrected...... 4169 21174, 21175, 21769, 21770, 21912, Heading, (a), and (b) table foot- 23761, 23763, 23764, 24152, 24352, note 6 revised...... 44070 24827, 25528, 26553, 26554, 26897, 73.607 Revised ...... 44070 26898, 27411, 27412, 27552, 28942, 73.609 (a) introductory text re- 28943, 29105, 29106, 29551, 29552, vised...... 44070 30363, 30364, 32654, 35516, 37024– 73.610 (a) text, (b) introductory 37026, 37289, 37290, 37405, 40170, text, and (c) introductory text 40171, 40433, 40434, 40976, 40977, revised ...... 44070 43200, 44070, 44988–44990, 45891, 73.612 (a) and (b) Note revised ...... 44070 46862 73.681 Amended...... 12616 Petition denied...... 6119, 11037 73.682 (a)(23) (i) and (v) revised; Petition granted ...... 7796 eff. 10–27–86 ...... 34620 Petitions granted in part...... 36401 73.684 (g) amended...... 26251 Technical correction...... 20292, 22285 73.702 (f) revised ...... 9965 (b) table amended; eff. 10–6–86 .....32089, 73.1015 Added ...... 3069 32214 73.1205 Removed ...... 11915 (b) table amended; eff. 10–10–86 73.1215 (e) revised ...... 2707 ...... 32213, 32320 73.1225 (c)(2)(iii) removed...... 17029 (b) table amended; eff. 10–14–86 (c) and (d) revised ...... 41629 ...... 32654 Effective date corrected ...... 44478 73.1500 Added ...... 1377 73.203 Clarification...... 23764 73.1570 (b)(2)(ii) Note removed...... 26251 73.207 (b)(2) text revised; (b)(2) 73.1590 (b) introductory text and first Table B removed...... 26250 (1) revised; (b)(2) removed; 73.242 Removed...... 12617 (b)(3) redesignated as (b)(2) ...... 2708 73.293 Revised ...... 17028 (a), (b), and (c) revised ...... 18450 73.315 (a) Note added...... 9965 73.1660 (a) revised...... 18451 73.316 (b) removed; (c) through (j) (b) and (d) revised ...... 41629 redesignated as (b) through Effective date corrected ...... 44478 (i) ...... 17028 73.1665 (a) revised...... 18451 73.317 Revised ...... 17028 73.1670 (b) revised...... 32088 73.319 (e), (f), and (i) removed; (g) 73.1675 (c) revised...... 32088 and (h) redesignated as (e) and 73.1690 (b)(4) and (c) introductory (f); (b) and new (f) revised...... 17029 text revised ...... 26251 73.322 Revised ...... 17029 (e) revised; (b)(1) and (2) re- 73.340 Removed ...... 1376 moved; (b)(3), (4) and (5) redes- 73.342 Removed ...... 1376 ignated as (b)(1), (2) and (3) ...... 41629 73.344 Removed ...... 1376 Effective date corrected ...... 44478 73.346 Removed ...... 1376 73.1930 (b) revised ...... 9965 73.504 (a) table amended ...... 20650 73.3500 Table amended ...... 18451, 32088 73.525 (b)(1) introductory text re- 73.3513 (d) revised ...... 3069 vised...... 26250 73.3516 (a) revised...... 44071 73.540 Removed ...... 1376 73.3522 (b)(2) revised...... 19347 73.542 Removed ...... 1376 Clarification...... 23764 73.544 Removed ...... 1377 73.3525 (b)(6) and (e) revised...... 9965 73.546 Removed ...... 1377 73.3526 (a)(9) and (e) introductory 73.558 Revised ...... 17029 text revised; (a)(9) Note re- 73.597 Revised ...... 17029 moved ...... 20292 73.603 (c) revised ...... 18450 (a)(8) revised; (a)(8) Note re- 73.606 Petition denied...... 2501, 11039 moved...... 20293 (b) table amended...... 4168, 73.3536 (a) revised...... 18451

768

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00046 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 51 FR 47 CFR—Continued 51 FR Page Page Chapter I—Continued Chapter I—Continued (b)(1) revised; (b)(5) removed; (b) (a)(3) revised ...... 9966 (6) and (7) redesignated as (b) 74.867 Removed ...... 4603 (5) and (6) ...... 32088 74.903 (a)(2) and (b) introductory 73.3537 Revised ...... 32088 text and (3) revised; (a)(4) 73.3555 (d)(3) introductory text re- added ...... 9799 vised...... 18451 74.913 (b)(2), (3), (4), and (c) re- 73.3564 Clarification ...... 23764 vised; Note 1 redesignated as 73.3570 (a) and (d) revised; (b)(3) Note 2; new Note 1 added ...... 9800 Note 1 removed; (b)(3) Notes 2 (b)(3)(ii) removed; (b)(3)(i) redes- and 3 redesignated as Notes 1 ignated as (b)(3); Note 3 added and 2 ...... 32089 ...... 39536 73.3572 (a)(1) introductory text 74.931 (e) Note 1 revised...... 9800 and (i) and (d) revised ...... 44071 74.932 (a)(4) revised...... 9800 73.3573 Clarification ...... 23764 74.933 (a)(2) revised ...... 26251 73.3578 (a) revised...... 18451 74.1283 (b) revised ...... 9966 73.3594 (b)(4) and (f)(4) revised...... 19347 74 Index amended ...... 34622 73.3613 (a)(3) and (4) redesignated 76.5 (a) Note revised...... 9966 as (a)(2) and (3)...... 9966 (ee) heading revised ...... 18451 (b) correctly revised ...... 12160 (ii) revised ...... 21771 (d) corrected ...... 15785 (d) and (j) revised; (jj), (kk), (ll), 73.4065 Removed ...... 11915 and (mm) added ...... 44607 73.4107 Added ...... 26251 76.7 (g) removed; (h) redesignated 73.4115 Removed ...... 32089 as (g)...... 44608 73.4135 Note removed ...... 26251 76.33 (a)(2) revised; (e) added...... 21772 73.4155 Removed ...... 11915 76.53 Amended ...... 18451 73.4163 (b) and (c) revised; (d) Amended ...... 44608 added...... 26251 76.55 Revised ...... 44608 73.4266 Added ...... 26251 76.56 Added ...... 44608 73.4280 Revised ...... 3069 76.57 Removed ...... 44609 73 Index amended ...... 34621 76.58 Added ...... 44609 74.2 Added ...... 4601 76.59 Removed ...... 44609 74.401 Amended ...... 4601 76.60 Added ...... 44609 76.61 Removed ...... 44609 74.402 (a) introductory text re- 76.62 Added ...... 44609 vised ...... 4601 76.64 Revised ...... 9966, 44609 (b)(3) introductory text revised 76.65 Removed ...... 44609 (effective date pending) ...... 32089 76.66 Added ...... 44609 74.431 Revised ...... 4602 76.305 (a) and (c) revised ...... 26251 74.432 (a) through (f) and (j) re- 76.605 (a)(3) corrected ...... 1255 vised; (l) removed ...... 4602 76 Index amended...... 34622 74.434 Revised ...... 4602 78.75 Revised ...... 9966 74.436 Revised ...... 4602 78.105 (a)(1) table amended ...... 19841 74.465 Revised ...... 4603 74.467 Removed ...... 4603 74.536 (b) table amended ...... 19840 1987 74.561 (a) designation and (b) des- 47 CFR 52 FR ignation removed...... 9966 Page 74.602 (a) introductory text re- Chapter I vised...... 32089 Chapter Motions granted and de- 74.641 (a)(1) table amended ...... 19840 nied ...... 2226 74.655 (e) revised ...... 26251 Policy statement...... 16386 74.750 (d)(1) revised ...... 18451 Determination...... 27348 74.801 Amended...... 4603, 9966 Adjudication ruling...... 31768 74.802 Amended ...... 4603 73 Clarification ...... 10757 74.831 Amended ...... 4603 Interim policy ...... 12912 74.832 (j) added; (a)(2) and (c) re- Technical correction ...... 16480 vised ...... 4603 Petition denied...... 23305

769

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00047 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 52 FR 47 CFR—Continued 52 FR Page Page Chapter I—Continued Chapter I—Continued Table of Contents amended ...... 25867 31031, 31032, 31772, 31773, 37314, 73 Index amended ...... 37316, 47569 37315, 37461, 37968–37970, 38233, 73.21 (a)(2)(iii)(B) revised ...... 21311 38766–38769 (a)(2)(ii) introductory text and (b) table corrected...... 16849, 39329 (iv) and (b) introductory text Technical correction ...... 28267 amended; (a)(2)(v), (b)(1), and (b) table amended; eff. 10–2–87 .....31771, Note 4 revised; (b)(3) added ...... 48269 31772 73.24 (b) Note revised...... 11654 (b) table amended; eff. 10–5–87 .....32135, (j) amended...... 48270 32794–32796 73.25 (a) revised...... 47568 (b) table amended; eff. 10–8–87 .....33241, (c) amended ...... 48270 33244, 32795, 32796 73.26 (a) amended; (c) added...... 48270 (b) table amended; eff. 10–13–87 73.29 Revised ...... 48270 ...... 33241–33243, 33593 73.31 (a) table revised ...... 48270 (b) table amended; eff. 10–19–87 73.37 (e) and (f)(2) introductory ...... 34914, text revised ...... 10570 36034, 34781 73.51 (c)(2)(ii) revised ...... 10570 (b) table amended; eff. 11–2–87 .....35919, 73.99 (l) added...... 48270 35920 (c) through (k) redesignated as (b) table amended; eff. 11–9–87 .....36034, (d) through (l); new (c) added; 36578 new (f)(1) and (j) revised...... 49162 (b) table amended; eff. 11–12–87 73.127—73.190 Undesignated cen- ...... 36774 ter heading removed ...... 25866 (b) table deferral lifted ...... 37970 73.150 (b)(1)(i) amended ...... 36877 Application filing opening 73.182 (a) introductory text re- stayed...... 38419 vised...... 10570 (b) revised...... 39774 (d), (m), and (s) table footnote 2 (b) table amended ...... 41431, revised...... 11655 41432, 41434, 41717, 42439, 43198, (a) introductory text correctly 43199, 43337, 43589, 43764, 44395, revised...... 15725 44396, 44986, 44987, 45636, 45964, (a) (1), (3) Note 1 and (v) Note re- 45965, 46599, 47004, 47722–47724, vised ...... 25866 47935, 48438, 48439, 48690, 48820 (v) Note corrected...... 28225 (a)(1) revised...... 43765 (a)(3) and (s) table amended ...... 48270 73.206 Removed; (b) and (c) trans- 73.184 (d) revised; note un- ferred to 73.211 (d) and (e) ...... 8260 changed...... 36878 Effective date corrected ...... 11473 73.186 (a) introductory text re- 73.208 (c) revised ...... 37788 vised...... 10570 (c)(2) corrected ...... 39920 73.189 (b)(6) revised ...... 10570 73.210 Added ...... 37788 73.190 (d) revised ...... 36879 (b)(2) introductory text cor- 73.201 Introductory text re- rectly revised; (b)(4) correctly vised...... 10570 added ...... 39920 73.202 (b) table amendment at 51 73.211 (d) and (e) added; trans- FR 45891 suspended ...... 1630 ferred from 73.206 (b) and (c) ...... 8260 (b) table amended...... 57, Effective date corrected ...... 11473 58, 275–277, 2533, 2534, 3654–3661, (a) and (b) (1) and (2) revised; (d) 3804, 3805, 4018, 4499, 4500, 5115, and (e) removed ...... 37788 5981, 6154, 7149, 7150, 7276, 7277, (a)(1) corrected; (b)(1)(iii) cor- 7581, 8453, 8454, 8907, 9298–9300, rectly revised ...... 39920 10381, 11472, 11473, 11825, 12181, Heading revised; (a) through (c) 13242, 13243, 13446, 13447, 15500, redesignated as (b) through 16849, 18698, 18699, 18914, 18915, (d); new (a) (1) and (2) added ...... 47568 21056, 21955–21958, 22473, 22782– 73.213 Revised ...... 37789 22784, 23659, 24294, 24295, 24470– 73.311 (b)(2) revised ...... 10570 24472, 25226–25228, 25868, 25869, 73.313 (d)(1) revised ...... 11655 27349–27351, 28705, 29851–29854, (c)(2) revised ...... 37789

770

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00048 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 52 FR 47 CFR—Continued 52 FR Page Page Chapter I—Continued Chapter I—Continued 73.315 (a) Note amended ...... 10570 73.3517 (a) revised ...... 5294 73.318 (b) revised ...... 25866 73.3521 Revised ...... 31400 73.501 (c) removed ...... 43765 73.3522 (a)(1) revised...... 25867 73.504 (a) table amended ...... 3660, 29853 (a) revised...... 31400 (b) revised...... 25867 73.3526 (d) revised...... 21685 Revised...... 43765 (d) petition for stay granted ...... 28826 73.506 (a)(3) revised; note re- 73.3527 (d) revised...... 21685 moved ...... 47569 (d) petition for stay granted ...... 28826 73.509 (a) introductory text re- 73.3533 (a)(6) revised...... 31400 vised...... 43765 73.3536 (a)(5) revised...... 31400 73.525 (c)(2) revised ...... 25867 73.3538 (a) (5), (6), and (7) re- 73.606—73.699 Undesignated cen- vised...... 21685 ter heading removed ...... 25866 73.3550 (a) revised ...... 5295 73.606 (b) table amended ...... 3658–3660, (d) and (i) revised; (h) Note and 7148, 7149, 8907, 10382, 11473, 12180, (n) added...... 43079 12181, 13446, 16849, 16850, 18915, 73.3555 Note 2 amended ...... 1632 18916, 22473, 22784, 22785, 24296, 73.3564 (a) and (d) introductory 29851, 29855, 38232, 38767, 41433, text revised ...... 7421 43589, 44396, 44397, 44988, 45965, (a) and (c) revised ...... 31400 47005 73.3571 (d)(4) revised...... 21311 (b) table amended; eff. 10–13–87 (d)(5) added ...... 48271 ...... 33242 73.3572 (a) revised ...... 7421 73.611 Revised ...... 11655 Heading, (a), (c), (d), and (e) re- 73.641 Revised ...... 6154 vised; (f)(5) added...... 31400 73.642 (a)(1) and (b) revised ...... 6154 73.3580 (f)(9) revised ...... 21686 73.682 (a)(23)(iv) revised ...... 25867 (c), (d) (1) and (3) and (g) intro- 73.684 (c) introductory text and ductory text revised ...... 31401 (1) revised ...... 36879 73.3584 (a), (b), and (c) revised...... 7422 73.699 Figure 6 Note 9 revised...... 11656 (a), (b), and (c) revised ...... 31401 73.933 (b)(12) revised...... 25867, 47569 73.3594 (d)(5) revised...... 21686 73.943 (a) revised...... 5294 73.3598 (a) and (b) headings re- 73.1001 (c) revised...... 31399 vised...... 11656 73.1010 (a)(5) revised ...... 5294 (b) revised...... 31402 (e)(5) revised ...... 31399 73.3615 (a) introductory text re- 73.1020 (a) revised...... 25604 vised ...... 1632 73.1030 (b)(2) revised...... 25867 73.4107 (d) added ...... 11656 (b) introductory text and (c)(1) 73.4108 Added ...... 11656 revised...... 36879 73.4115 Petition denied...... 23551 (b) introductory text amended 73.4140 Heading and (c) revised; ...... 37789 (d) added ...... 11656 73.1120 (b) and (c) removed...... 21685 73 Index amended...... 37316, 47569 73.1125 Revised ...... 21685 74 Table of Contents amended ...... 25867 Petition for stay granted...... 28826 74 Index amended ...... 37316, 47569 73.1130 Removed ...... 21685 74.1 (b) revised ...... 31402 73.1202 (a) introductory text re- 74.5 (a)(4) revised...... 5295 vised...... 25867 74.15 (f) added ...... 7142 73.1205 Petition denied...... 23551 (b) and (d) revised ...... 25604 73.1690 (e)(6)(i) revised ...... 10570 (c) revised ...... 31402 (e) correctly revised ...... 15725 Petitions denied ...... 43588 (b)(3) and (d)(1) revised ...... 21685 74.165 Revised ...... 3806 (c)(1) revised ...... 37789 74.482 (d) revised ...... 47569 73.1740 (a)(1)(i) revised ...... 48271 74.501 (a) and (b) revised ...... 31402 73.2080 Revised ...... 26684 74.531 (c) through (f) redesignated 73.3500 Table amended ...... 26685, as (d) through (g); new (c) 31399, 47569 added...... 31402 73.3512 Revised ...... 10231 74.532 (a) revised ...... 31403

771

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00049 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 52 FR 47 CFR—Continued 52 FR Page Page Chapter I—Continued Chapter I—Continued 74.600 Added ...... 7142 74.750 (a), (d) introductory text, Petitions denied ...... 43588 (e) (1) and (2), and (g) re- 74.602 (a) introductory text vised...... 31404 amended; (e) revised; (j) 74.751 (b)(1) revised ...... 31405 added ...... 7142 74.761 Introductory text and (d) Petitions denied ...... 43588 revised ...... 31405 74.631 (e) amended; (j) added...... 7142 74.762 (a) and (b) revised ...... 31405 74.763 (b) added ...... 7423 Petitions denied ...... 43588 (a) and (c) revised ...... 31405 74.632 (a) amended ...... 7142 74.765 (b) revised...... 7423 Petitions denied ...... 43588 74.780 Revised ...... 7423 74.633 (e) redesignated as (f); new Heading revised; text amended (e) added ...... 10570 ...... 25867 74.636 (a) designation removed; Heading and introductory text table revised; (b) removed...... 7142 revised...... 31405 Petitions denied ...... 43588 74.781 (a) revised ...... 31405 74.637 (c) amended; (g) added...... 7142 74.783 (a) introductory text and Petitions denied ...... 43588 (c) revised ...... 7424 74.638 Heading and (b) revised ...... 7142 (e) added ...... 31405 Petitions denied ...... 43588 74.784 (d) redesignated as (e); new 74.641 (a) introductory text re- (d) added ...... 31405 vised; (a)(1) table amended; 74.802 Revised ...... 2535 (a)(4) removed ...... 7143 74.803 (b) revised...... 2535 Petitions denied ...... 43588 74.832 (d) and (f) revised ...... 2535 74.643 Added ...... 7143 74.861 (d) introductory text and Petitions denied ...... 43588 (e) revised ...... 2535 74.644 Added ...... 7143 74.933 Revised ...... 3806 Petitions denied ...... 43588 74.934 Revised ...... 3806 74.661 Revised ...... 7143 74.937 (c) removed; (d) through (f) Petitions denied ...... 43588 redesignated as (c) through 74.701—74.784 (Subpart G) Head- (e) ...... 3806 ing revised ...... 31403 74.939 (j), (m) and (n) removed; (k) 74.701 (h) revised...... 7422 and (l) redesignated as (j) and (i) added...... 31403 (k); (f) revised...... 3806 74.951 (d) removed; (e) through (h) 74.702 (b) revised...... 7423 redesignated as (d) through (c) added ...... 31403 (g) ...... 3806 74.703 (a), (b), and (c) revised...... 31403 74.952 Revised ...... 3806 74.705 (c) and (d) introductory 74.961 (a) revised ...... 10571 text and (1)(ii) revised ...... 31403 74.962 Revised ...... 3806 74.707 (a)(1) introductory text, (b) 74.965 Revised ...... 3807 (1) and (3), (c) introductory text 74.1201 (f) revised ...... 31405 and (2), and (d) introductory 74.1202 (b)(1) revised ...... 8260 text and (1)(ii) revised ...... 31403 Effective date corrected ...... 11473 74.731 (a) and (b) introductory 74.1203 Revised ...... 31405 text revised; (j) and (k) 74.1231 (h) revised...... 31406 added...... 31404 74.1232 (b) and (f) revised ...... 10571 74.732 (d) revised...... 7423 (e) revised; (g) removed; (h) re- (b) revised...... 10571 designated as (g) ...... 31406 (g) and (h) added ...... 31404 74.1235 (a) introductory text re- 74.735 (c)(4) removed; (c) (5) and (6) vised; (c) added ...... 31406 redesignated as (c) (4) and 74.1236 (a) revised...... 31406 (5) ...... 7423 74.1250 (c) revised; (d) through (f) (a) and (d) revised ...... 31404 redesignated as (e) through (g); 74.736 (a) revised ...... 31404 new (d) added ...... 31406 74.737 (a) revised ...... 31404 74.1261 Revised ...... 31406

772

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00050 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 52 FR 47 CFR—Continued 52 FR Page Page Chapter I—Continued Chapter I—Continued 76 Table of Contents amended ...... 25867 78.20 (a) revised...... 10231 76 Index amended...... 37316 78.36 (a) introductory text and (b) 76.5 Effective date deferred...... 5770 revised ...... 7144 (d)(1) introductory text and (ii) Petitions denied ...... 43588 and (2) revised; (d)(3) added...... 17575 78.101 (a) revised; (c) and (d) re- (x) Note added...... 22461 moved ...... 7144 (d)(1) introductory text and (ii) Petitions denied ...... 43588 correctly revised ...... 32923 78.103 (e) added ...... 7145 (ii) introductory text revised...... 37462 Petitions denied ...... 43588 76.7 Effective date deferred...... 5770 78.106 Added ...... 7145 (c)(3) revised ...... 10231 Petitions denied ...... 43588 76.33 (a)(4) removed...... 37462 78.108 Added ...... 7145 76.53 Effective date deferred ...... 5770 Petitions denied ...... 43588 76.55 Effective date deferred ...... 5770 78.111 Revised ...... 7145 Introductory text revised ...... 17575 Petitions denied ...... 43588 76.56 Effective date deferred ...... 5770 (c)(2) removed; (c)(3) and note 1988 redesignated as (c)(2) and 47 CFR 53 FR note; new (c)(3) added; (d) re- Page vised ...... 17576 Chapter I 76.57 Effective date deferred ...... 5770 Chapter Policy statement...... 15557 76.58 Effective date deferred ...... 5770 Clarification ...... 8904 76.59 Effective date deferred ...... 5770 73 Petitions denied...... 8903, 76.60 Effective date deferred ...... 5770 13272, 17040 (a) revised...... 17576 Window filing notice ...... 17048 76.61 Effective date deferred ...... 5770 Policy statement...... 37762 76.62 Effective date deferred ...... 5770 Technical amendment ...... 39920 (a)(2) revised; (b) redesignated 73.21 (a)(2) (ii) and (iv) amended; as (d); new (b) and (c) added ...... 17576 (a)(2)(v) and (b)(1) revised; 76.64 Effective date deferred ...... 5770 (b)(3) added...... 1031 Correctly revised...... 46363 (a)(2)(iv) correctly designated...... 5344 76.65 Effective date deferred ...... 5770 Reaffirmed ...... 27049 76.66 Effective date deferred ...... 5770 73.24 (j) amended ...... 1031 Revised...... 17576 Reaffirmed ...... 27049 (a)(2) introductory text revised; 73.25 (c) amended...... 1031 (a)(2)(i) and (5)(iv) added...... 45963 Reaffirmed ...... 27049 Compliance date deferred ...... 46363 73.26 (a) amended; (c) added ...... 1031 76.67 (a) revised...... 17577 73.29 Revised ...... 1031 76.70 Added ...... 17577 73.31 (a) table revised...... 1031 76.501 (a) Note 2 amended ...... 1632 73.51 Reaffirmed ...... 27049 76.605 Note added ...... 22461 73.58 (b) revised ...... 2498 76.617 Revised ...... 17577 73.99 (l) added ...... 1031 (a) revised...... 22461 (m) correctly designated; (l) and (b) revised...... 45963 new (m) correctly republished 78 Table of Contents amended ...... 25867 ...... 24942 78.5 (i) added...... 7143 Reaffirmed ...... 27049 Petitions denied ...... 43588 73.182 (a)(3) and (s) table text 78.11 (d)(2) amended; (f) added ...... 7144 amended; (s) table footnote 2 Petitions denied ...... 43588 revised ...... 1031 78.13 Revised ...... 7144 Reaffirmed ...... 27049 Petitions denied ...... 43588 73.183 Reaffirmed ...... 27049 78.15 (a) revised...... 10231 73.202 (b) table amended ...... 28–29, 78.18 (a) (6) through (8) added ...... 7144 504, 1629, 1630, 1782, 2496, 2497, (a) (1), (2) and (3) tables amended 2601, 3024, 5185–5188, 5576–5578, ...... 10571 5981, 6828, 7755, 8190, 8902–8904, Petitions denied ...... 43588 10094, 10095, 10249, 11668, 12153,

773

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00051 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 53 FR 47 CFR—Continued 53 FR Page Page Chapter I—Continued Chapter I—Continued 12154, 12528, 12769, 12770, 12946, (b) table amended; eff. 10–31–88 13409, 14802, 15222–15224, 15560, ...... 37576 15561, 16551, 16552, 17043–17048, (b) table amended; eff. 11–7–88 ...... 37575 17193, 18284, 18285, 18988, 19912, (b) table amended ...... 49323 19913, 20624–20626, 21645, 21646, 73.658 (m) revised ...... 27170 22495, 22496, 23396–23398, 23633, 73.909 Introductory text and (c) 23634, 24940–24942, 25167, 25168, revised ...... 15396 25333–25337, 25491, 26075, 26598, 73.910 Revised ...... 15396 26599, 27166, 27167, 29462–29464, 73.911 Removed...... 15396 29895–29897, 30840, 30841, 31339– 73.912 Revised ...... 15396 31341, 33139, 33140, 33492, 33493, 73.918 Amended...... 15396 34542, 34543, 35316 73.922 (c) revised ...... 15397 (b) table corrected ...... 4258, 21762 73.926 (c) revised; (d) removed; (e) Clarification ...... 8904 redesignated as (d) and re- (b) table amendment at 53 FR vised...... 15397 11668 effective date note cor- 73.927 (a), (b), and (d) revised...... 15397 rected ...... 15223 73.931—73.933 Undesignated cen- Application filing opening ter heading revised ...... 15397 stayed...... 29056 73.931 (a) introductory text, (2), (b) table amended; eff. 10–13–88 and (3), (b), and (c) revised; ...... 34299, (a)(4) added ...... 15397 34300, 34542 73.932 (a) and (d)(1) revised ...... 15397 (b) table amended; eff. 10–14–88 73.933 (b) (1), (2) and (12) revised; ...... 34538, (b)(5)(i)(d) added ...... 15397 34539, 34541, 35825 73.935 (c) added...... 15398 (b) table amended; eff. 10–17–88 73.936 (d) introductory text and ...... 34539, 34540 (3) revised ...... 15398 (b) table amended; eff. 10–31–88 73.937 (d) introductory text and ...... 37309, (3) revised ...... 15398 37310, 37576 73.942 (b) revised ...... 15398 (b) table amended; eff. 11–3–88 .....37309, 73.961 (a) and (b) heading re- 37311, 37574, 37575 vised...... 15398 (b) table amended; eff 11–7–88 ...... 37573, 73.962 (a), (c), (d), and (e) introduc- 37574 tory text, (2), (3), and (6) re- (b) table effective date added...... 39095 vised...... 15398 (b) table amendment at 53 FR 73.1010 Revised ...... 2498 35316 eff. 9–13–88 ...... 39095 73.1740 (a)(1)(i) revised...... 1032 (b) table amended ...... 39606, 73.3500 Amended ...... 36788 40890–40894, 41170, 41171, 42952, 73.3517 (a) amended ...... 36787 43203–43205, 43440, 43441, 44198, 73.3522 (a)(6) correctly added ...... 26074 44404–44406, 45094, 45095, 45480– 73.3526 (e)(2) introductory text 45483, 46086, 46087, 48648–48649, and (e)(2)(i) revised ...... 17046 49323, 49987–49989, 50538, 51555– (d) revised...... 32901 51557 73.3527 (a)(7) revised...... 15225 (b) table corrected ...... 49637 (e)(2) introductory text and 73.211 Revised ...... 17042 (e)(2)(i) revised ...... 17047 73.593 Policy statement ...... 47213 (d) revised...... 32901 73.606 Technical correction ...... 29 73.3533 (a) (4), (6), and (7) and (b) (b) table amended...... 8190, revised ...... 36788 11863, 12770, 13409, 15224, 19914, 73.3534 (a) and (e) revised ...... 36788 23398, 27166, 29896 73.3536 (b) (5) and (6) revised...... 36788 Petition denied ...... 8903 73.3555 (a) (1) and (2) revised...... 51781 (b) table amended; eff. 10–13–88 73.3571 (d)(5) added ...... 1032 ...... 34301 Reaffirmed ...... 27049 (b) table amended; eff. 10–17–88 73.3580 (c) (1), (2), (3), and (4) cor- ...... 34540, 34541 rectly added...... 26074

774

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00052 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 53 FR 47 CFR—Continued 54 FR Page Page Chapter I—Continued Chapter I—Continued 73.3584 (b) revised ...... 2499 73.183 (b) Note amended; (c) re- 73.3597 (c)(3)(ii) revised ...... 36787 vised...... 39736 73.3615 (d) revised ...... 2499 73.202 (b) table amended ...... 152, (d) corrected...... 5684 153, 1179, 1180, 1699, 1700, 3039, (e) amended ...... 36787 3603–3604, 3781, 4027–4028, 5243– 73.3999 Added ...... 52426 5245, 5623, 5624, 5933, 6132, 6134, 73.4099 Added ...... 2499 6294–6295, 6930, 6931, 7931–7932, 73 Index amended ...... 2499 8200, 8742–8744, 9214, 9215, 9437, 74.5 Revised ...... 2499 9998–9999, 11203, 11537–11539, 74.501 (a) and (b) revised...... 4169 12199, 13190–13191, 13525, 14232– 74.701—74.784 (Subpart G) FCC 14234, 15197, 17732–17734, 18286– Forms 346 and 349 revised...... 15225 18287, 18506–18507, 18890, 19375, 74.703 (b) revised; (g) added ...... 4169 20855, 21221–21222, 22280, 22281, 74.939 (b) introductory text 23484, 23984–23986, 25275, 25714– amended...... 36788 25715, 27021–27022, 28678, 29559– 74.951 Introductory text re- 29561, 29719, 29720, 30042, 30043, vised...... 36788 30389, 30549, 30550, 30737–30738, 74.1201—47.1284 (Subpart L) FCC 30897, 31033–31035, 31189–31190, Forms 346 and 349 revised...... 15225 31685, 31686, 31960, 31961, 32341, 74.1231 (b) revised...... 14803 32342, 32640, 32641, 33227, 33699, Petition time extended...... 28640 33700, 33900, 33901, 34182, 34772, 74.1235 (c) revised ...... 4169 35651 74.1250 (a) revised...... 14803 (b) table corrected ...... 26202 Petition time extended...... 28640 Filing time extended...... 5624 76.5 (o) revised; (nn) added...... 27171 (b) table amended; eff. 10–2–89 .....35334, (x) Note revised ...... 46619 35335 76.33 Revised ...... 17051 (b) table amended; eff. 10–10–89 76.54 (c) revised...... 17051 ...... 36316 76.66 Stayed until further no- (b) table amended; eff. 10–16–89 tice ...... 3212 ...... 37109 76.92—76.163 (Subpart F) Revised; (b) table amended; eff. 10–20–89 eff. in part 8–18–89...... 27171 ...... 37682–37684 76.611 (a)(1) amended ...... 2499 (b) table amended; eff. 10–30–89 (a)(1) corrected...... 5684 ...... 38996, 76.617 Revised ...... 46619 38997, 38998 (b) table amended; eff. 11–3–89 .....38995, 1989 38996, 38997 47 CFR 54 FR (b) table amended; eff. 11–6–89 .....39183, Page 40057, 40058 Chapter I (b) table amended ...... 40393, 73 Policy statement ...... 9999 40394, 40874–40876, 41101, 41445– Policy statement corrected ...... 13067 41446, 42507, 42804, 43063, 43064, Petition for reconsideration/ 45735–45736, 46251, 46614–46616, clarification granted in part.....13689 46730, 46898–46900, 47362–47363, Reconsideration ...... 18889 47680, 47771–47773, 48248–48249, Inquiry ...... 52801 48611, 49761, 49996–49997, 50503– 73.21 (b)(2) revised; (c) Notes 1 and 50504, 50763, 51301, 51302, 51400– 2 removed; (c) Notes 3 and 4 re- 51401, 52398, 53612 designated as (c) Notes 1 and Regulation correctly classified 2 ...... 39736 ...... 49845 73.25 (a)(2)(iii) Notes 1 and 2 and (b) table corrected ...... 51550 (c) Note 1 removed...... 39736 73.203 Revised ...... 11954 73.28 (b) revised; Notes (a) and (b) 73.207 (a) revised (effective date removed ...... 39726 pending)...... 9802 73.44 (a) and (b) amended; (e) (b)(1) Table A amended; (c) added...... 19574 added ...... 14963

775

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00053 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 54 FR 47 CFR—Continued 54 FR Page Page Chapter I—Continued Chapter I—Continued (a), (b) introductory text, (1) in- (m) Notes 1 through 4 added...... 46901 troductory text, (2) introduc- 73.663 (b)(3) revised...... 9806 tory text, (3) introductory 73.687 (d) revised; (e), (f), and (h) text, and (c) revised ...... 16366 removed; (g) redesignated as (b)(1) Table A and effective date (e) ...... 9807 corrected ...... 19374 73.698 Table I removed ...... 9807 (b)(1) and (c) table amended; 73.699 Figure 6, Note 8 amend- (b)(2) introductory text and (3) ed...... 9807 introductory text revised; eff. 73.912 Revised ...... 15196 10–2–89...... 35338 73.926 (d) revised ...... 15196 73.208 (c)(1) (i) and (ii) removed; 73.932 (c) and (d) revised ...... 15196 (c)(1) revised ...... 9806 73.937 Heading corrected...... 39534 73.209 (b) revised; (c) removed (ef- 73.962 (a) revised ...... 15196 fective date pending) ...... 9802 73.1211 (c)(3) added ...... 20856 73.210 (a), (b) (1), (2), and (3) re- 73.1650 Revised ...... 39737 vised; (b) introductory text re- 73.1690 (b)(2) revised; new (c)(4) published...... 16367 and Note added; eff. 10–2–89...... 35340 (b) (1) and (2) correctly repub- 73.3523 Added ...... 22598 lished; effective date cor- Technical correction ...... 29038 rected ...... 19374 Eff. 8–7–89 ...... 31838 (b)(2), (2)(i), and (3)(i) revised; 73.3524 Added ...... 22598 eff. 10–2–89...... 35339 Technical correction ...... 29038 73.211 (a) (1), (2), (b)(1) table, and Eff. 8–7–89 ...... 31838 (3) revised; (b)(1) introductory 73.3525 (a) amended ...... 22599 text republished ...... 16367 Technical correction ...... 29038 (b)(1) correctly revised; effec- Eff. 8–7–89 ...... 31838 tive date corrected ...... 19374 73.3555 (a) (1) and (2) revised ...... 8335 (a)(1) (ii), (iv), (b)(1) table, and Note 4 amended; Note 7 added ...... 8745 (ii) revised; (b)(1) introductory Note 7 revised ...... 32640 text republished; (b)(3) table 73.3566 Technical correction ...... 29038 amended; eff. 10–2–89...... 35339 73.3568 (a) and (c) amended ...... 22599 73.213 Existing text redesignated Eff. 8–7–89 ...... 31838 as (a); (b) added ...... 14964 73.3570 Heading, (a), (b), and (d) (c) added; eff. 10–2–89...... 35339 revised ...... 39737 73.215 Added (effective date pend- 73.3571 (d)(5) corrected ...... 39534 ing) ...... 9802 73.3573 (a)(1) revised...... 11954 (b)(2)(ii) Note removed; eff. 10–2– 73.4272 Removed...... 9807 89 ...... 35340 74.502 (a) through (d) redesig- 73.311 (a) revised; (b)(4) added (ef- nated as (b) through (e); new (e) fective date pending) ...... 9804 amended...... 10329 73.316 (b), (c) (1), (2), and (3) re- New (a) correctly added and (a) vised; (c) (4) through (8) added and effective date corrected .....24905 (effective date pending)...... 9804 (a) footnote 1 added ...... 30043 73.506 (a)(3) revised ...... 16367 74.561 Revised ...... 30043 (a)(3) corrected; effective date 74.801 Amended...... 41842 corrected ...... 19374 74.913 (d) revised and Note 4 73.511 (a) revised...... 3602 added...... 29039 73.606 (b) table amended ...... 153, 74.1231 (b) revised; eff. 10–2–89 ...... 35342 13525, 30896, 33227, 33902, 37683, 76 Policy statement ...... 9999 49997 Policy statement corrected ...... 13067 73.610 (f) added ...... 14964 Technical correction ...... 25857 (f) revised ...... 16368 76.5 (d), (j), (jj), (kk), and (ll) re- (f) introductory text revised; (f) moved; (e) through (i) and (k) table amended; eff. 10–2–89 ...... 35340 through (nn) redesignated as 73.653 Revised ...... 9806 (d) through (h) and (i) through 73.658 (c) removed ...... 14961 (ii) ...... 25716

776

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00054 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 54 FR 47 CFR—Continued 55 FR Page Page Chapter I—Continued Chapter I—Continued (nn) revised...... 25857 40392, 40837–40839, 41086–41088, (k), (o), and (q) revised...... 41842 41338, 41692, 41693, 42012–42015, 76.33 (a)(1) revised...... 41843 42195, 42196, 42570, 42571, 42720, 76.53 Amended ...... 25716 42721, 42854, 42961, 45608, 45609, 76.55 Removed ...... 25716 45806, 45807, 46067, 46213, 46792– 76.56 Removed ...... 25716 46794, 46954, 47336, 47477, 47765, 76.58 Removed ...... 25716 47879, 47880, 48239–48241, 48845, 76.60 Revised ...... 25716 48846, 49046, 49389, 49390, 49523, 76.62 Revised ...... 25716 49524, 49525, 49898, 49899, 50005, 76.64 Removed ...... 25716 51104–51106, 51296–51298, 51906– 76.66 (c) introductory text and (1) 51908, 52048, 52049, 52173–52175, revised; (c)(2) removed ...... 25716 52845, 52846, 53306, 53307 (c)(6) revised ...... 41843 (b) table corrected...... 7867, 76.67 (a) revised...... 41843 19830, 20603, 21201, 34568 76.70 Revised ...... 25716 Technical correction ...... 21035 76.92 Note revised ...... 12918 (b) table amended; eff. 10–11–90 76.94 Revised ...... 12918 ...... 34263, 34568 (b) introductory text corrected (b) table amended; eff. 10–10–90 ...... 25857 ...... 35145–35147 76.95 Existing text designated as (b) table amended; eff. 10–9–90 ...... 35319 (a); new (b) added ...... 12919 (b) table amended; eff. 10–15–90 76.97 Revised ...... 12919 ...... 35905, Corrected...... 25857 35906, 36279 76.151 Note revised ...... 12919 (b) table amended; eff. 10–19–90 76.155 (b) introductory text re- ...... 36823, 36824 vised; (d) added ...... 12919 (b) table amended; eff. 10–22–90 76.158 Added ...... 12919 ...... 37237, 37485 76.159 Revised ...... 12919 (b) table amended; eff. 10–29–90 76.161 Revised ...... 12920 ...... 38330, 38551–38552 76.163 Revised ...... 12920 (b) table amended; eff. 11–8–90 .....39969, 76.213 (c) revised ...... 20856 39970 76.400 (a) revised ...... 41843 73.606 (b) table amended ...... 4612, 6395, 7331, 8468, 10778, 17756, 52174 1990 (b) table amended; eff. 10–29–90 47 CFR 55 FR ...... 38551 Page 73.1015 Introductory text revised; Chapter I eff. 10-4-90 ...... 28914 73 Comment time extended ...... 2236 73.1211 (c)(1) and (d) revised; (c)(4) Policy statement ...... 6798 added...... 18888 Inquiry ...... 11195 73.3524 Redesignated as 73.3588 Waivers ...... 53152 and heading, (a), and (b) intro- 73.202 (b) table amended ...... 291, ductory text revised; eff. 10-4- 421, 869–870, 1035, 2664, 3741–3742, 90...... 28914 4176, 4177, 4612, 4838, 4839, 6394– 73.3571 (j)(3) redesignated as (j)(4); 6395, 6644–6645, 6798–6800, 7331– new (j)(3) added ...... 19265 7332, 7495–7498, 7714, 8468, 8469, 73.3572 (c) through (f) redesig- 8952, 8953, 9322–9323, 9445, 9446, nated as (d) through (g); new (c) 9886, 10243, 10244, 10779, 11373– added...... 19265 11375, 12360–12362, 12485, 12829– 73.3573 (c) through (g) redesig- 12831, 13793, 15231, 17438, 17756, nated as (d) through (h); new (c) 17970, 18887, 19265, 19266, 21386, added...... 19265 23084, 23935–23937, 24892–24895, Heading revised; (a)(1) amended; 26207, 26693, 28401, 29361, 29579– Note redesignated as Note 1; 29580, 29847, 30002, 30003, 31186, Note 2 added ...... 50692 31187, 33310, 33311, 33535, 33536, 73.3584 Heading revised; eff. 10-4- 33706, 33707, 33910–33912, 40390– 90...... 28914

777

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00055 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 55 FR 47 CFR—Continued 55 FR Page Page Chapter I—Continued Chapter I—Continued 73.3588 Redesignated from 73.3524 74.1261 Revised ...... 50699 and heading, (a), and (b) intro- 74.1263 Revised ...... 50699 ductory text revised; eff. 10-4- 74.1269 Revised ...... 50699 90...... 28914 74.1283 Revised ...... 50699 Technical correction ...... 34262 76 Reconsideration petition...... 14285 73.3589 Added; eff. 10-4-90 ...... 28914 Policy statement...... 32631 74 Technical correction ...... 46514 76.213 (c) revised; (e) added ...... 18888 74.112 (f) added ...... 20398 78 Technical correction ...... 46514 74.501 (b) revised ...... 50692 78.3 Revised ...... 46014 74.531 (c) through (g) redesig- 78.5 (j) added ...... 46015 nated as (d) through (h); new (c) 78.11 (a) and (c) through (g) re- added...... 50693 vised...... 46015 74.532 (a) revised ...... 50693 78.13 (d) added ...... 46015 74.550 Amended ...... 3063 78.15 (c) revised...... 20398 74.641 (b) introductory text re- 78.27 (a) revised...... 46015 vised...... 11587 78.33 (b) revised...... 46015 74.832 (a)(6) added...... 46012 74.901 Amended...... 46013 74.902 (h) added ...... 46013 1991 74.903 (a)(2) revised ...... 46013 47 CFR 56 FR 74.911 (a)(1) revised ...... 46013 Page 74.913 (d)(1) amended ...... 6801 Chapter I 74.931 (e) revised ...... 46013 73 Technical correction...... 4177, 50419 74.935 Revised ...... 46013 73.14 Amended (effective date 74.936 (b) and (c) revised; (d) pending) ...... 64856 added...... 46014 73.21 Revised (effective date 74.938 (b) removed; (a) paragraph pending) ...... 64856 designation removed ...... 46014 73.22 Removed (effective date 74.950 (b) revised ...... 46014 pending) ...... 64856 74.961 Revised ...... 46014 73.23 Redesignated from 73.3570 74.985 Added ...... 46014 and revised (effective date 74.1201 (g) through (i) added...... 50693 pending) ...... 64856 74.1202 (b) introductory text, (1) 73.24 (b) Note and (i) removed; (j) and (2) revised; (c), (d) and Note and (k) redesignated as (i) and removed; (e) redesignated as (j); (e), (h) and new (i) revised (c) and revised...... 50693 (effective date pending) ...... 64857 74.1203 Revised ...... 50693 73.25 (a)(1), (2) introductory text, 74.1204 Added ...... 50694 (i), (ii) and (iii) removed; head- 74.1205 Added ...... 50695 ing, (a), (b) and (c) revised (ef- 74.1231 (b), (c), (e), (g), (h) and (h) fective date pending) ...... 64857 Note revised; (b) Note added; (i) 73.26 Revised (effective date removed ...... 50695 pending) ...... 64857 74.1232 (b) and (d) revised; (e) 73.27 Revised (effective date through (g) redesignated as (f) pending) ...... 64857 through (h) and revised; new (e) 73.28 (a) removed; (b) and (c) re- and (b) Note added; (d) Notes designated as (a) and (b); new removed ...... 50696 (a) revised (effective date pend- 74.1233 Added ...... 50697 ing) ...... 64857 74.1235 Revised ...... 50697 73.29 Revised (effective date 74.1236 (a) introductory text re- pending) ...... 64857 vised...... 50698 73.30 Added (effective date pend- 74.1237 (d) revised...... 50698 ing) ...... 64857 74.1250 Revised ...... 50698 73.35 Added (effective date pend- 74.1251 Heading, (b) introductory ing) ...... 64858 text, (7) and (8) revised; (b)(9) 73.37 Revised (effective date removed; (c) added ...... 50698 pending) ...... 64858

778

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00056 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 56 FR 47 CFR—Continued 56 FR Page Page Chapter I—Continued Chapter I—Continued 73.53 (b)(1) revised; (c) Note added 13083, 13415, 14212, 14480, 15051, (effective date pending) ...... 64859 15509, 15510, 16011–16014, 18739, 73.68 (d)(3) revised (effective date 18740, 18741, 19039, 19298, 19299, pending) ...... 64859 19300, 19808, 19809, 19953, 20362, 73.69 (d)(4) revised (effective date 21449, 22827, 23233, 23663, 24030, pending) ...... 64859 26338, 26339, 26920, 26921, 27423, 73.72 (a) revised (effective date 27424, 27693, 27694, 28096, 28499, pending) ...... 64859 28712, 29592, 29593, 30337, 30510, 73.88 Note added (effective date 30511, 30512, 31087, 31545, 31546, pending) ...... 64859 32114, 32332, 32333, 32976, 32977, 73.99 Revised (effective date 32978, 33386, 33387, 33721, 35833, pending) ...... 64860 35834, 36733, 36734, 36735, 40265, 73.150 (a) introductory text, (b)(1) 40568, 40569, 40800, 41076, 41077, introductory text, (2), (3), 41467, 50277, 50278, 50519, 50520, (5)(iv), (v) and (6)(vii) revised; 50827, 50828, 51658, 51659, 51844, (b)(1)(i) amended (effective 51845, 52478, 54546, 54547, 54548, date pending)...... 64861 55633, 55828, 55829, 56166, 56167, 73.151 (b) added (effective date 56168, 56169, 56472, 56473, 56603, pending) ...... 64862 56939, 56940, 57294, 58315, 58512, 73.152 (c)(2)(iv) added (effective 58513, 58862, 60932, 60933, 61168, date pending)...... 64862 61169, 63663, 63664, 64209, 64210, 73.153 Amended (effective date 64211, 65194, 65195, 65860, 66789, pending) ...... 64862 66790 73.182 Revised (effective date Effective date corrected ...... 558 pending) ...... 64862 Technical correction ...... 23956 73.183 (a) note added; (b) removed; Filing window stayed ...... 40566 (c) through (f) redesignated as (b) table amended; eff. 10–4–91 ...... 41805 (b) through (e); new (c) and (e) (b) table amended; eff. 10–3–91 .....41805, revised (effective date pend- 41806 ing) ...... 64866 (b) table amended; eff. 10–7–91 .....41961, 73.184 (a) and (b) note revised; (c) 41962 removed; (d), (e) and (f) redesig- (b) table amended; eff. 10–11–91 nated as (c), (d) and (e) and re- ...... 42946 vised (effective date pend- (b) table amended; eff. 10–15–91 ing) ...... 64866 ...43555, 43556, 43884–43886, 44009, 44010 73.185 (c), (i) and (j) removed; (d), (b) table amended; eff. 10–31–91 (e), (h) and (k) redesignated as ...... 43886 (c), (d), (e) and (f); (b), new (c), (b) table amended; eff. 10–18–91 (d), (e), (f) introductory text ...... 46124 and (f)(2) revised (effective (b) table amended; eff. 10–21–91 date pending)...... 64867 ...... 46124–46126 73.187 (a) and (b) revised (effective (b) table amended; eff. 10–28–91 date pending)...... 64868 ...... 46732, 47158, 47681 73.189 (b)(2)(i), (ii), (iii), (3) and (6) 73.207 (b)(3) introductory text re- revised (effective date pend- vised...... 27426 ing) ...... 64868 Regulation at 54 FR 9802 eff. 6– 73.190 (a), (b), (c), (e), Figure 7 and 26–89...... 56938 Figure 8 revised (effective date (a) revised...... 57293 pending) ...... 64869 73.208 Regulation at 54 FR 9806 eff. 73.202 (b) table amended ...... 796, 6–26–89 ...... 56938 1737, 1738, 1739, 3039, 3040, 3041, 73.209 Regulation at 54 FR 9802 eff. 3042, 3222, 3786, 4176, 4177, 4178, 6–26–89 ...... 56938 4734, 4949, 4950, 5158, 7309, 7310, 73.213 (c) introductory text and 7311, 7312, 8282, 8933, 8934, 9898, (2) revised ...... 27426 9899, 10178, 10179, 10381, 10519, 73.215 Regulation at 54 FR 9802 eff. 11106, 11107, 11942, 11943, 12669, 6–26–89 ...... 56938

779

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00057 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 56 FR 47 CFR—Continued 56 FR Page Page Chapter I—Continued Chapter I—Continued (a)(2) and (e) revised; (a)(4) 73.1665 Note added (effective date added ...... 57294 pending) ...... 64872 73.311 Regulation at 54 FR 9804 eff. 73.1705 (c) revised (effective date 6–26–89 ...... 56938 pending) ...... 64872 73.316 Regulation at 54 FR 9804 eff. 73.1725 Revised (effective date 6–26–89 ...... 56938 pending) ...... 64872 (b) and (c)(8) revised ...... 57294 73.1740 (a)(1)(i) revised (effective 73.520 Added ...... 42710 date pending)...... 64873 Regulation at 56 FR 42710 effec- 73.3516 (a) revised (effective date tive date delayed to 1–1–92 ...... 48736 pending) ...... 64873 73.606 (b) table amended ...... 1373, 73.3517 (c), (d), Note 1 and Note 2 14026, 16280, 28712, 32113, 32977, added (effective date pend- 33387, 49707, 64211 ing) ...... 64873 (b) table amended; eff. 10–21–91 73.3525 (b) through (h) redesig- ...... 46126 nated as (c) through (i); (a) in- (b) table amended; eff. 10–28–91 troductory text revised; (a)(1) ...... 46731 and (2) amended; (a)(3), (4), (5), 73.614 (b)(1) amended...... 49707 (6), new (b), (j), (k), and (l) 73.658 (j) removed; (k) Note 3 and added...... 375 Note 4 added...... 26268 Revised...... 28097 73.659 Added ...... 26269 73.3526 (a)(8) redesignated as (a)(3) revised...... 64209 (a)(8)(i); (a)(8)(ii) and (iii) 73.660 Added ...... 26269 added; (e) amended...... 19616 (a) revised...... 64209 (a)(11) added (OMB number 73.661 Added (OMB number pend- pending) ...... 26270 ing) ...... 26269 (a)(8)(ii) Corrected...... 28825 73.662 Added ...... 26269 Regulation at 56 FR 19616 effec- (c), (e) and (h) revised ...... 64209 tive date delayed to 1–1–92 ...... 48736 73.667 (a) amended...... 49707 (a)(11) amended...... 64209 73.670 Added ...... 19616 73.3550 (i) revised (effective date Correctly designated ...... 28825 pending) ...... 64873 Regulation at 56 FR 19616 effec- 73.3555 Note 5 amended...... 31877 tive date delayed to 1–1–92 ...... 48736 Note 4 revised; Note 8, Note 9 73.671 Added ...... 19616 and Note 10 added (effective Correctly designated ...... 28825 date pending)...... 64873 Regulation at 56 FR 19616 effec- 73.3564 (e) added (effective date tive date delayed to 1–1–92 ...... 48736 pending) ...... 64873 73.681 Amended...... 49707 73.3570 Redesignated as 73.23 and 73.687 (e)(3) and (4) added; eff. 10– revised (effective date pend- 15–91 ...... 46731 ing) ...... 64856 73.1030 (b) table revised (effective 73.3571 (c)(1) and (2) added...... 795 date pending)...... 64872 (a)(3) added; (d)(1) and (e) re- 73.1125 Note added (effective date moved; (d)(2), (3), (4), (f) pending) ...... 64872 through (i), (j)(1) through (4), 73.1150 (c) added (effective date (k) and (l) redesiganted as pending) ...... 64872 (d)(1), (2), (3), (e) through (h), 73.1201 (c)(2) revised (effective (i)(1) through (4), (j) and (k); date pending)...... 64872 (a) introductory text, (1), new 73.1570 (b)(1)(ii) revised (effective (d)(1), (2), (3), (f), (h) and (i)(1) date pending)...... 64872 revised (effective date pend- 73.1620 (g) added ...... 795 ing)...... 64874 (g) introductory text revised ...... 25639 73.3572 (d)(1) and (2) added ...... 795 73.1650 (b)(2) introductory text re- (d)(1) and (2) correctly des- vised; (b)(2)(i) and (ii) added (ef- ignated ...... 33720 fective date pending) ...... 64872 73.3573 (g)(2)(i) and (ii) added ...... 796

780

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00058 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 56 FR 47 CFR—Continued 56 FR Page Page Chapter I—Continued Chapter I—Continued Regulation at 55 FR 50692 sus- 74.1236 Regulation at 55 FR 50698 pended to 6-1-91...... 23024 suspended to 6-1-91 ...... 23024 73.3598 (c) added (effective date 74.1237 Regulation at 55 FR 50698 pending) ...... 64874 suspended to 6-1-91 ...... 23024 73.4160 Removed ...... 64874 74.1250 Regulation at 55 FR 50698 73.4255 Revised (effective date suspended to 6-1-91 ...... 23024 pending) ...... 64874 74.1251 Regulation at 55 FR 50698 74.462 (b) table revised; (f) and (g) suspended to 6-1-91 ...... 23024 added...... 28498 74.1261 Regulation at 55 FR 50699 74.482 (e) and Note added ...... 28499 suspended to 6-1-91 ...... 23024 74.501 Regulation at 55 FR 50692 74.1263 Regulation at 55 FR 50699 suspended to 6-1-91 ...... 23024 suspended to 6-1-91 ...... 23024 74.531 Regulation at 55 FR 50693 74.1269 Regulation at 55 FR 50699 suspended to 6-1-91 ...... 23024 suspended to 6-1-91 ...... 23024 74.532 Regulation at 55 FR 50693 74.1283 Regulation at 55 FR 50699 suspended to 6-1-91 ...... 23024 suspended to 6-1-91 ...... 23024 74.641 (a)(1) table amended; (b) in- 76.33 (a) and (b) revised (OMB troductory text revised...... 50663 number pending) ...... 33391 74.780 Amended...... 28099 (a)(2)(i) note corrected...... 37954 74.902 (h) revised; (i) and (j) Technical correction ...... 41077 added...... 57819 Regulation at 56 FR 33391 eff. 10– 74.903 (a)(2) revised; (b)(5), (d) and 25–91...... 52479 (e) added ...... 57600 76.53 Amended ...... 49707 74.931 (e) revised ...... 57600 76.54 (c) revised (OMB number (a) revised; (h), (i) and (j) added pending) ...... 33392 ...... 57819 Technical correction ...... 41077 (h), (i) and (j) revised; (k) added Regulation at 56 FR 33392 eff. 10– ...... 65191 25–91...... 52479 74.932 (a) introductory text and 76.225 Added ...... 19616 (b) revised...... 57819 Regulation at 56 FR 19616 effec- 74.985 Revised ...... 57601 tive date delayed to 1–1–92 ...... 48736 76.305 (a) and (c) revised ...... 19617 74.986 Added ...... 57820 Regulation at 56 FR 19617 effec- 74.990 Added ...... 57820 tive date delayed to 1–1–92 ...... 48736 74.991 Added ...... 57821 78.13 (e) added ...... 57601 74.992 Added ...... 57821 78.105 (a)(1) table amended; (b) in- 74.1201 Regulation at 55 FR 50693 troductory text revised...... 50664 suspended to 6-1-91 ...... 23024 74.1202 Regulation at 55 FR 50693 suspended to 6-1-91 ...... 23024 1992 74.1203 Regulation at 55 FR 50693 47 CFR 57 FR suspended to 6-1-91 ...... 23024 Page 74.1204 Regulation at 55 FR 50694 Chapter I suspended to 6-1-91 ...... 23024 73 Petition denied in part ...... 3952 (g) amended ...... 56170 Policy statement ...... 8849 74.1205 Regulation at 55 FR 50695 Policy decision...... 21744, 53588 suspended to 6-1-91 ...... 23024 Order on reconsideration...... 27367 74.1231 Regulation at 55 FR 50695 Regulation at 57 FR 44338 eff. 9– suspended to 6-1-91 ...... 23024 25–92...... 47007 74.1232 Regulation at 55 FR 50696 Waiver ...... 53449 suspended to 6-1-91 ...... 23024 73.14 Regulation at 56 FR 64856 eff. 74.1233 Regulation at 55 FR 50697 4–19–92 ...... 11689 suspended to 6-1-91 ...... 23024 73.21 Regulation at 56 FR 64856 eff. 74.1235 Regulation at 55 FR 50697 4–19–92 ...... 11689 suspended to 6-1-91 ...... 23024 73.22 Regulation at 56 FR 64856 eff. (c)(1) and (2) added ...... 56170 4–19–92 ...... 11689

781

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00059 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 57 FR 47 CFR—Continued 57 FR Page Page Chapter I—Continued Chapter I—Continued 73.23 Regulation at 56 FR 64856 eff. 73.187 Regulation at 56 FR 64868 4–19–92 ...... 11689 eff. 4–19–92...... 11689 73.24 Regulation at 56 FR 64857 eff. 73.189 Regulation at 56 FR 64868 4–19–92 ...... 11689 eff. 4–19–92...... 11689 73.25 Regulation at 56 FR 64857 eff. (b)(2)(iii) correctly designated.....43291 4–19–92 ...... 11689 73.190 Regulation at 56 FR 64869 73.26 Regulation at 56 FR 64857 eff. eff. 4–19–92...... 11689 4–19–92 ...... 11689 73.202 (b) table amended ....189, 831, 1650, 73.27 Regulation at 56 FR 64857 eff. 1651, 1652, 2481, 2844, 3134—3137, 3951, 4–19–92 ...... 11689 3952, 4163, 4857, 5391, 5392, 5393, 5394, 73.28 Regulation at 56 FR 64857 eff. 5861, 5862, 6075, 6076, 6203, 6482, 6561, 4–19–92 ...... 11689 6688, 7660, 7661, 7885, 7886, 8421, 8422, 73.29 Regulation at 56 FR 64857 eff. 8580, 8581, 8726, 8727, 9504, 10294, 10427, 4–19–92 ...... 11689 10428, 10429, 10741, 10742, 10999, 11432, 73.30 Regulation at 56 FR 64857 eff. 12734, 13324, 14491, 14646, 17856, 17857, 4–19–92 ...... 11689 19095, 19809, 19810, 19811, 20771, 21040, 73.35 Regulation at 56 FR 64858 eff. 21352, 21353, 21354, 21896, 22438, 22439, 4–19–92 ...... 11689 22440, 22441, 23162, 24554, 24555, 27368, 73.37 Regulation at 56 FR 64858 eff. 27369, 28111, 28112, 29654, 29655, 29805, 4–19–92 ...... 11689 29806, 31665, 31666, 31970, 31971, 33449, 33450, 34078, 34263, 34264, 36020, 36021, (f) Note 3 corrected ...... 43290 36906, 38286, 41699, 44338, 44339, 45577— 73.53 Regulation at 56 FR 64859 eff. 45579, 46812—46814, 47006, 47007, 49147, 4–19–92 ...... 11689 49148, 53860, 53861, 54533, 54935, 54936, (c) Note corrected...... 43290 55468, 55469, 56285, 56286, 56514. 56515, 73.68 Regulation at 56 FR 64859 eff. 56860, 56999, 57000, 57348, 58717, 60737, 4–19–92 ...... 11689 62483 73.69 Regulation at 56 FR 64859 eff. Regulation at 57 FR 11432 cor- 4–19–92 ...... 11689 rected ...... 12465 73.72 Regulation at 56 FR 64859 eff. (b) table amended; eff. 10–8–92 ...39362— 4–19–92 ...... 11689 39364 73.88 Regulation at 56 FR 64859 eff. (b) table amended; eff. 10–9–92 ...... 39363 4–19–92 ...... 11689 (b) table amended; eff. 10–13–92 73.99 Regulation at 56 FR 64860 eff...... 39625, 39626, 40343 4–19–92 ...... 11689 (b) table amended; eff. 10–19–92 (a) corrected ...... 43290 ...... 41700 73.150 Regulation at 56 FR 64861 (b) table amended; eff. 10–26–92 eff. 4–19–92...... 11689 ...... 42510, 42511 (b)(1)(i) and (3) corrected ...... 43290 (b) table amended; eff. 10–23–92 73.151 Regulation at 56 FR 64862 ...... 42511 eff. 4–19–92...... 11689 (b) table amended; eff. 11–6–92 ...... 44511 73.152 Regulation at 56 FR 64863 (b) table amended; eff. 11–5–92 .....44337, eff. 4–19–92...... 11689 44338, 44339 73.153 Regulation at 56 FR 64862 (b) table amended; eff. 11–9–92 ...... 45002 eff. 4–19–92...... 11689 73.208 (a)(1) revised; (b)(2), (3) and 73.182 Regulation at 56 FR 64862 (4) redesignated as (b)(3), (4) eff. 4–19–92...... 11689 and (5); (a)(3) and new (b)(2) (q) table corrected ...... 43290 added...... 36020 73.183 Regulation at 56 FR 64866 73.215 (e) amended...... 46325 eff. 4–19–92...... 11689 73.232 Amended...... 48333 (c) and (e) corrected...... 43290 73.295 (a) amended ...... 48333 73.184 Regulation at 56 FR 64866 73.310 (a)(2) amended...... 48333 eff. 4–19–92...... 11689 73.313 (d) amended ...... 48333 (c) corrected ...... 43290 73.319 (a)(1) amended...... 48333 73.185 Regulation at 56 FR 64867 73.606 (b) table amended ...... 4857, 7885, eff. 4–19–92...... 11689 11000, 34692, 56516

782

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00060 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 57 FR 47 CFR—Continued 57 FR Page Page Chapter I—Continued Chapter I—Continued (b) table amended; eff. 10–8–92 .....39364, (a) through (e) and Note 4 re- 40850 vised ...... 18091 73.644 (b)(1) amended...... 48333 Regulation at 57 FR 18091 effec- 73.1010 (a)(4) revised; (a)(7) tive date deferred ...... 35763, 37888 added...... 48333 (a), (e)(1)(i) and Note 4 revised; 73.1030 Regulation at 56 FR 64872 Note 5 and Note 7 amended; eff. 4–19–92...... 11689 (e)(3)(v) added ...... 42704 73.1125 Regulation at 56 FR 64872 73.3556 Added ...... 18093 eff. 4–19–92...... 11689 Regulation at 57 FR 18093 effec- (a) amended ...... 48333 tive date deferred ...... 35763, 37888 73.1150 Regulation at 56 FR 64872 (a) revised; (c) added ...... 42706 eff. 4–19–92...... 11689 73.3564 Regulation at 56 FR 64873 73.1201 Regulation at 56 FR 64872 eff. 4–19–92...... 11689 eff. 4–19–92...... 11689 (a) revised...... 34878 73.1212 (a)(2)(i) amended...... 210 73.3570 Regulation at 56 FR 64856 (a)(2)(i) amended and (ii) added eff. 4–19–92...... 11689 ...... 8279 73.3571 Regulation at 56 FR 64874 73.1217 Added ...... 28640 eff. 4–19–92...... 11689 73.1225 (b) amended; (d)(3)(iii) re- 73.3580 (d)(4)(i)(A) and (ii)(A) revised...... 48333 designated as (d)(4)(i)(B) and 73.1570 Regulation at 56 FR 64872 (ii)(B); (d)(1) and (g)(1)(ii)(G) eff. 4–19–92...... 11689 revised; (d)(4)(i)(A), (ii)(A), 73.1620 (g) amended ...... 48333 (B)(4) and (g)(1)(ii)(H) added; 73.1650 Regulation at 56 FR 64872 (g) introductory text and (h) eff. 4–19–92...... 11689 amended...... 14647 73.1665 Regulation at 56 FR 64872 73.3598 Regulation at 56 FR 64874 eff. 4–19–92...... 11689 eff. 4–19–92...... 11689 73.1705 Regulation at 56 FR 64872 73.3613 (d) revised; (e) added...... 18093 eff. 4–19–92...... 11689 (d) and (e) revised ...... 42706 73.1725 Regulation at 56 FR 64872 Regulation at 57 FR 18093; Effec- eff. 4–19–92...... 11689 tive date deferred ...... 35763 73.1740 Regulation at 56 FR 64873 73.4160 Removal at 56 FR 64874 eff. eff. 4–19–92...... 11689 4–19–92 ...... 11689 73.1940 Revised ...... 208, 27708 73.4255 Regulation at 56 FR 64874 73.1941 Added ...... 208 eff. 4–19–92...... 11689 73.1942 Added ...... 209 74 Policy decision ...... 21744, 53588 Heading, (a)(1)(i), (xii), (2) and 74.501 (b) revised; eff. 10-16-92...... 41111 (b) introductory text revised; 74.531 (c) revised; eff. 10-16-92 ...... 41111 (a)(1)(vii) removed ...... 27709 74.532 (a) revised; eff. 10-16-92...... 41111 73.1943 Added ...... 210 74.1231 (b) introductory text re- 73.1944 Added ...... 210 vised; eff. 10-16-92 ...... 41111 73.3500 Amended ...... 48333 76 Policy statement ...... 8849 73.3516 Regulation at 56 FR 64873 Policy decision ...... 21744 eff. 4–19–92...... 11689 76.5 (jj) added...... 11001 73.3517 Regulation at 56 FR 64873 (kk) added ...... 61010 eff. 4–19–92...... 11689 76.7 (e) amended...... 35472 73.3522 (a)(6) amended ...... 34878 76.63 Added ...... 35472 73.3526 (a)(12) added; (e) introduc- 76.205 Revised ...... 210 tory text revised ...... 18091 76.206 Added ...... 210 Regulation at 57 FR 18091 effec- Heading, (a)(1)(i), (xii), (2) and tive date deferred ...... 35763, 37888 (b) introductory text revised; (a)(12) revised ...... 42704 (a)(1)(vii) removed ...... 27709 73.3550 Regulation at 56 FR 64873 76.207 Added ...... 212 eff. 4–19–92...... 11689 76.221 (a) amended ...... 212, 8279 73.3555 Regulation at 56 FR 64873 76.305 (a) and (c) revised ...... 11001 eff. 4–19–92...... 11689 76.501 Revised ...... 35472

783

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00061 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 57 FR 47 CFR—Continued 58 FR Page Page Chapter I—Continued Chapter I—Continued 76.601 Revised ...... 11001 (b) table amended ....51250, 51578, 51579, (c)(1), (2) and (4) revised; note 51787, 51788, 53665, 53666, 54523, added ...... 61010 58506, 58507, 58790, 59374, 59375, 76.605 (a), (b) and Note (1) revised; 62289, 62555, 63296, 63536, 65132, Note (2) redesignated as Note 65133, 65672, 65673 (3); new Note (2) added ...... 11002 73.203 (b) revised; note added ...... 38535 (a)(3), (4) introductory text, (5), 73.208 (a) note added...... 38537 (6), (10), (11), (12), and Note (2) 73.312 (b) revised ...... 44950 revised; Notes (4) through (6) 73.316 (c)(2) amended...... 44950 added ...... 61010 73.501 (a) table amended ...... 44950 76.606 Added ...... 11003 73.520 Redesignated as 73.672 ...... 51250 76.607 Added ...... 11004 73.606 (b) table amended ...... 12903, 26525, Revised...... 61011 42878 76.609 (d)(2), (g), (h)(2) and (i) re- (b) table amended ...... 51578 vised; (e) and (h) introductory 73.614 (b)(1) amended...... 51250 text amended; (j) added ...... 11004 73.659 Revised ...... 28932 (h)(2) revised...... 61011 73.660 (a) and (b) removed; (c) redesignated as (b); new (b) intro- 1993 ductory text revised; new (a) added...... 28932 47 CFR 58 FR (a) revised...... 62555 Page 73.661 Revised (effective date Chapter I pending) ...... 28932 73 Petition denied...... 40365 Regulation at 58 FR 28932 effec- Authority citation revised ...... 42249 tive date confirmed ...... 45842 Order reconsideration ...... 45842 (a) revised; (b) amended (OMB Report and order ...... 48323 number pending)...... 62555 73.30 Revised ...... 27949 Regulation at 58 FR 62547 con- 73.51 (a)(50) revised ...... 64168 firmed...... 65132 73.99 (f)(7) revised ...... 27950 73.662 (b), (c), (e) and (j) removed; 73.128 Revised ...... 66301 (d) and (f) through (i) redesig- 73.182 (k)(4) and (q) table re- nated as (b) through (f); new (g) vised...... 27950 added...... 28932 73.663 Redesignated as 73.664; new 73.202 (b) table amended ...... 4355, 4943, 73.663 added...... 62555 4944, 5300, 6193, 7194, 7195, 7869, 8233— 8235, 11196, 11197, 12902, 12903, 13424, 73.664 Redesignated from 15288, 15289, 15290, 15439, 15440, 16502, 73.663 ...... 62555 16503, 16779, 16780, 16781, 17349, 17786, 73.672 Redesignated from 17787, 19359, 21106, 21107, 21259, 25950, 73.520 ...... 51250 26070, 26252, 26525, 26526, 26919, 27214, 73.681 Amended...... 44951 27473, 27474, 29792, 31178, 31657, 31658, 73.682 (a)(21)(iv) and (22)(i) re- 32306, 32449, 33917, 33918, 34000, 34538, vised...... 29982 35410, 37431, 38087, 38088, 40365, 40366, Schedule I removed ...... 51250 41045, 41046, 41047, 41638, 42020, 42503, 73.685 (f)(5) amended ...... 44951 42688, 46090 73.699 Figure 17 revised ...... 29983 (b) table amended; eff. 10–7–93 .....45267, 73.1635 (a)(4) amended ...... 51250 45268 73.1820 (b)(8) revised...... 44951 (b) table amended; eff. 10–12–93 73.2080 (d) amended ...... 42249 ...... 46090, 46551 73.3522 (a)(6) amended ...... 51250 (b) table amended; eff. 10–22–93 73.3526 (a)(11) revised ...... 28932 ...... 48325, 48326 73.3545 Amended ...... 51250 (b) table amended; eff. 10–25–93 73.3555 (a)(1)(ii) and note amend- ...... 48614 ed ...... 51250 (b) table amended; eff. 11–8–93 ...... 50288 73.3564 (a)(2) amended ...... 51250

784

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00062 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 58 FR 47 CFR—Continued 58 FR Page Page Chapter I—Continued Chapter I—Continued 73.3573 (a)(1) revised; Notes 1 and 2 Technical correction...... 19626, 36604 redesignated as Notes 2 and 3; Petition denied ...... 21929, 29553, 32452 new Note 1 added ...... 38535 Clarification...... 32449 73.3580 (a)(6) amended ...... 51251 Interim report ...... 38088 73.3594 (a)(2) amended ...... 51251 76.5 (ll) and (mm) added...... 11971 73.3999 Revised ...... 5937 (b) revised; (nn), (oo) and (pp) 73 Index amended ...... 51250 added ...... 17357 74 Authority citation re- (gg) removed...... 29753 vised...... 42250 Regulation at 58 FR 29753 effec- 74.432 (k) revised...... 19775 tive date delayed to 10–1–93...... 33560 74.433 (c) revised ...... 19775 Regulation at 58 FR 29753 and 74.452 (c) revised ...... 19775 33560 effective date corrected 74.532 (f) revised...... 19775 to 9–1–93...... 41042 74.537 (c) revised ...... 19775 (e) and (jj) amended ...... 44951 74.551 (b) revised ...... 19775 76.7 Revised ...... 17358 74.602 (a) Footnotes US219 and 76.10 Removed ...... 29753 US222 revised...... 34378 Regulation at 58 FR 29753 effec- (e) amended ...... 51251 tive date delayed to 10–1–93...... 33560 74.632 (g) revised ...... 19775 Regulation at 58 FR 29753 and 74.633 (b) revised ...... 19775 33560 effective date corrected 74.637 Table amended...... 51251 to 9–1–93...... 41042 74.651 (b) revised ...... 19776 76.33 Removed ...... 29753 74.735 (c)(4) amended...... 44951 Regulation at 58 FR 29753 effec- 74.832 (i) revised...... 19776 tive date delayed to 10–1–93...... 33560 74.833 (c) revised ...... 19776 Regulation at 58 FR 29753 and 74.902 (f) revised...... 44951 33560 effective date corrected 74.903 (b)(1)(ii), (2) and (3) re- to 9–1–93...... 41042 vised...... 44951 76.51 Amended; note added ...... 17359 74.931 (a) redesignated as (a)(1); (b)(55) revised ...... 30995 (a)(2) added ...... 34378 (a)(50) revised ...... 64168 (h) and (j) amended ...... 44951 (a)(2) and (28) revised ...... 67694 74.935 (c) introductory text Regulation at 58 FR 64168 eff. amended...... 44951 date changed to 12-31-93 ...... 68323 74.937 (a) amended ...... 44951 Regulations at 58 FR 67694 eff. 74.985 (g) revised ...... 11799 date changed to 12-31-93 ...... 68542 (d), (g) introductory text and (5) 76.55 Added ...... 17359 amended ...... 44951 (b)(1) and (d)(4) amended...... 44951 74.990 (a) amended ...... 44951 76.56 Added ...... 17360 74.996 Added ...... 42250 (b)(6) removed...... 39161 74.1204 (g) and (j) revised ...... 42025 (b)(7) added ...... 40368 74.1205 Introductory text added; 76.57 Added ...... 17361 (d) revised...... 42025 (e) added ...... 40368 74.1231 (f) revised ...... 42026 76.58 Added ...... 17361 74.1232 (d) and (e) amended; (e) 76.59 Added ...... 17361 note added ...... 42026 76.60 Revised ...... 17362 74.1235 (i) note added; (j) re- 76.61 Added ...... 17362 vised...... 42026 76.62 Revised ...... 17362 74.1237 (d) revised...... 42026 (a) stayed...... 53429 76 Authority citation revised ...... 7993, 76.63 Removed ...... 17363 17357, 19626, 19627, 21109, 27670, 29753, 76.64 Added ...... 17363 33561, 42250, 60395 (e) stayed...... 53429 Memorandum opinion and order 76.66 Removed ...... 17363 ...... 11972 76.71 (a) revised...... 42250 Authority citation suspended; 76.77 (d) added ...... 42250 new authority citation added; 76.92 (g) added ...... 17364 effective to 8–3–93 ...... 17531 (d), (e) and (f) note revised ...... 44951

785

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00063 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 58 FR 47 CFR—Continued 58 FR Page Page Chapter I—Continued Chapter I—Continued 76.300 (a) revised ...... 17364 76.953 (a) revised ...... 46736 76.302 Added ...... 17364 76.956 (d) comment period ex- 76.305 (a) amended ...... 7993 tended to 11–15–93...... 41042 76.309 Added ...... 21109 76.964 Waiver ...... 41042 Waiver ...... 41042 76.1000—76.1090 (Subpart O) Head- 76.501—76.502 (Subpart J) Heading ing added; effective to 8–3– revised ...... 42019 93...... 17531 76.501 Revised ...... 27677 Heading revised ...... 27670 (d) and (e) added...... 42019 76.1000 Added ...... 27670 (e)(1) correctly revised...... 50856 76.1001 Added ...... 27671 76.502 Added; effective in part 11– 76.1002 Added ...... 27671 4–93...... 42019 76.1003 Added ...... 27673 (i)(1) corrected...... 45064 76.1090 Added; effective to 8–3– 76.503 Added (effective date pend- 93...... 17531 ing) ...... 60141 Regulation at 58 FR 17531 re- 76.504 Added ...... 60141 vised in part and effective 76.605 (a)(3) revised ...... 44952 date extended to 11–15–93; (a) 76.609 (h)(5) revised ...... 44952 revised...... 33560 76.611 (a)(1) amended...... 44952 (a) revised; (c) added; eff. to 2-15- 76.701 (Subpart L) Added...... 7993 94 ...... 60143 76.702 Added ...... 19626 76.1300—76.1302 (Subpart Q) 76.801—76.802 (Subpart M) Added ...... 60395 Added ...... 11971 78.11 (e) amended ...... 44952 76.900—76.985 (Subpart N) 78.18 (i)(2) revised ...... 44952 Added ...... 29753 78.19 (d)(1)(i) through (iv) re- Regulation at 58 FR 29753 effec- vised...... 44952 tive date delayed to 10–1–93...... 33560 78.33 (c)(12) revised ...... 44952 Regulation at 58 FR 29753 and 33560 effective date corrected to 9–1–93...... 41042 1994 Regulation at 58 FR 29753, 33560, 47 CFR 59 FR and 41042, effective date pend- Page ing in part ...... 43816 Chapter I 76.900 Added; eff. 10–6–93 ...... 19627 73 Compliance notification...... 12191 Regulation at 58 FR 19627 with- Petition denied ...... 13661, 28014 drawn ...... 29753 Order ...... 22995 Regulation at 58 FR 29753 effec- Petition withdrawn ...... 34766 tive date delayed to 10–1–93...... 33560 Reconsideration petition...... 44340 Regulation at 58 FR 19627, 29753 Technical correction...... 51867, 51868, and 33560 effective date cor- 51869, 55374, 55375 rected to 9–1–93 ...... 41042 Report ...... 53363 76.911 (c)(3) revised ...... 46735 Reconsideration petition...... 55594 76.922 (d)(2)(vi) revised ...... 46735 Authority citation revised ...... 62344 (b)(1)(i) and (ii) introductory 73.202 (b) table amended ...... 2302, 2303, text revised ...... 63091 4007, 4008, 4009, 6221, 8414, 8415, 8416, 76.930 Comment period extended 8417, 11556, 11557, 12551, 13661, 14567, to 11–15–93...... 41042 22996, 25825, 27505, 31161, 32133, 34391, 76.931 Revised ...... 46735 35055, 35056, 35268, 36987, 38129, 38130, 76.932 Waiver ...... 41042 38930, 38931, 39301, 41259, 41711, 43064, 76.942 (c)(1) amended...... 46736 43501, 50169, 50850, 51130, 51518, 51866, 76.945 Regulation at 58 FR 29753 51868, 52441, 52442, 53602, 53603, 53604, effective date delayed to 10–1– 53760, 54533, 54534, 55375, 55376, 55594, 93...... 33560 56411, 60077, 60078, 60916, 61285, 62614, (a) comment period extended to 65727, 66748, 66749 11–15–93 ...... 41042 (b) table amended; eff. 10–21–94 76.951 (b)(4)(i) amended ...... 46736 ...... 46931, 46932, 46933

786

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00064 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 59 FR 47 CFR—Continued 59 FR Page Page Chapter I—Continued Chapter I—Continued (b) table amended; eff. 11–7–94 .....48826, 73.961 Removed...... 67102 49213, 49354, 49355, 49585 73.962 Removed...... 67102 (b) table amended; eff. 11–14–94 73.1020 (a)(1) through (18) revised ...... 49847 (OMB number pending) ...... 63051 (b) table corrected ...... 50169 73.1207 (b)(1) revised; (c)(4) 73.606 (b) table amended ...... 31162, 34392, added...... 67102 63726, 64613 73.1250 (c) revised; (h) amended...... 67102 73.900 (Subpart G) Heading re- 73.1820 (a)(1)(iii) revised...... 67103 vised...... 67102 73.1941 (b) revised...... 14568 73.901—73.902 Undesignated cen- 73.3500 Amended (OMB number ter heading removed ...... 67102 pending) ...... 63051 73.901 Removed...... 67102 73.3522 (a)(3) revised...... 31556 73.902 Removed...... 67102 73.3526 (g) added (OMB number 73.903—73.922 Undesignated cen- pending) ...... 62344 ter heading removed ...... 67102 73.3527 (g) added (OMB number 73.903 Removed...... 67102 pending) ...... 62344 73.904 Removed...... 67102 73.3549 Heading revised; amend- 73.905 Removed...... 67102 ed ...... 67103 73.906 Removed...... 67102 73.3550 (b), (f), (h), (j) and (n) re- 73.907 Removed...... 67102 vised...... 31556 73.908 Removed...... 67102 73.3555 Revised ...... 49007 73.909 Removed...... 67102 (a)(3)(iii) and (e)(1)(i) revised ...... 62613 73.910 Removed...... 67102 73.3564 (a) introductory text and 73.912 Removed...... 67102 (2) amended ...... 31556 73.913 Removed...... 67102 73.3591 (b) introductory text re- 73.914 Removed...... 67102 vised...... 31557 73.915 Removed...... 67102 73.4017 Revised ...... 52086 73.916 Removed...... 67102 73.4050 (b) amended; (c) added...... 52086 73.917 Removed...... 67102 73.918 Removed...... 67102 73.4097 Heading revised ...... 67103 73.919 Removed...... 67102 73.4107 (a) and (b) amended ...... 52086 73.920 Removed...... 67102 73.4163 (d) amended; (e) added...... 52087 73.921 Removed...... 67102 73.4165 Revised ...... 52087 73.922 Removed...... 67102 73.4170 Revised ...... 52087 73.926—73.927 Undesignated cen- 73.4180 (c) added ...... 52087 ter heading removed ...... 67102 73.4185 Revised ...... 52087 73.926 Removed...... 67102 73.4190 Existing text designated 73.927 Removed...... 67102 as (a); (b) added ...... 52087 73.931—73.933 Undesignated cen- 73.4255 (b) amended ...... 52087 ter heading removed ...... 67102 73.4267 Existing text designated 73.931 Removed...... 67102 as (a); (b) and (c) added...... 52087 73.932 Removed...... 67102 73.4280 Revised ...... 52087 73.933 Removed...... 67102 73 Index amended ...... 67103 73.935—73.937 Undesignated cen- 74 Heading revised ...... 63052 ter heading removed ...... 67102 74.15 (d) revised (OMB number 73.935 Removed...... 67102 pending) ...... 63052 73.936 Removed...... 67102 74.733 Note amended ...... 63052 73.937 Removed...... 67102 74.780 Amended...... 31557 73.940—73.943 Undesignated cen- 74.783 (e) redesignated as (f); new ter heading removed ...... 67102 (e) added ...... 31557 73.940 Removed...... 67102 74.902 (d) redesignated as (d)(1); 73.941 Removed...... 67102 (d)(2) added ...... 35636 73.942 Removed...... 67102 74.931 (a)(1) revised; (e)(9) 73.943 Removed...... 67102 added...... 35636 73.961—73.962 Undesignated cen- 76 Authority citation revised...... 25342, ter heading removed ...... 67102 62344

787

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00065 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 59 FR 47 CFR—Continued 59 FR Page Page Chapter I—Continued Chapter I—Continued Memorandum, opinion and 76.938 Revised ...... 17973 order...... 52087 76.939 Added ...... 17974 Report ...... 53363 76.942 (a) and (c)(2) revised; (c)(3) 76.3 Amended...... 67103 and (f) added ...... 17974 76.5 (qq) added...... 67103 76.943 (b) revised; (c) added ...... 17974 76.7 (c)(4)(i), (ii) and (iii) revised; 76.944 (b) revised ...... 17974 (c)(4)(iv) added...... 62344 76.945 (b) revised ...... 17974 76.51 (a)(6) revised...... 25344 76.946 Added ...... 17974 (b)(73) revised ...... 46358 76.952 (a) revised ...... 17960 76.55 (a)(2) and (e)(3) note revised; 76.953 (a) revised ...... 17960 (a)(3)(iii) note, (b)(3) and (d)(6) (b) revised...... 17974 note added ...... 62344 76.956 (a) revised ...... 17975 76.56 (a)(1)(iii), (5) and (b)(1) re- 76.958 Added ...... 17960 vised...... 62344 76.961 (b) revised; (e) added ...... 17975 76.57 (a) revised...... 62345 76.964 Heading revised; existing 76.60 (c) added ...... 62345 text designated as (a); (b) and 76.62 (a) revised...... 62345 (c) added ...... 17960 76.64 (b)(2), (e), (f)(4) and (k) re- Heading revised ...... 62625 vised; (l), (m) and (n) added ...... 62345 76.981 Revised ...... 62625 76.205 (b) revised ...... 14568 76.984 Revised ...... 17975 76.301 Revised ...... 67103 76.986 Added ...... 17961 76.305 (a)(1) added...... 67103 Revised...... 62625 76.504 Regulation at 58 FR 60135 76.987 Added (OMB number pend- eff. date corrected to 1–26– ing) ...... 62625 94 ...... 9934 76.1002 (c)(3)(i) removed; (c)(3)(ii) 76.605 (a)(2) through (12) redesig- and (iii) redesignated as nated as (a)(3) through (13); (c)(3)(i) and (ii) and revised...... 66259 new (a)(2) added ...... 25342 76.1003 (h) revised...... 66258 76.630 Added ...... 25342 76.1090 Regulation at 58 FR 60143 76.901 (c) revised ...... 17951 eff. date extended to 5–15–94; (a) (d) added ...... 62623 revised ...... 6903 76.905 (c) revised ...... 17972 76.1300—76.1302 (Subpart Q) Regu- 76.914 (a)(1) revised ...... 17972 lation at 58 FR 60390 eff. date 76.917 Added ...... 17972 corrected to 1–26–94 ...... 9934 76.922 (b), (c) and (d) revised; (e) 76.1302 Introductory text, (a), (r) and (f) added ...... 17957 and (s) revised...... 43777 (b)(9) added ...... 17973 (g) through (k) added ...... 17989 1995 (d)(3)(iv)(F) added ...... 53115 47 CFR 60 FR (d)(3)(x), (xi) and (e) revised Page (OMB number pending)...... 62623 73 Reconsideration petition ...... 9628, 76.923 (l) added ...... 17960 19000, 31257, 31258, 32120, 37946, 37947, (m) added...... 17973 38738, 38739, 43981 76.924 (b) through (f) revised; (g) Waiver ...... 13918 redesignated as (j); new (g) and Petition denied ...... 17023, 31930, 39127, (i) added...... 17990 39659, 47703, 49512 (f)(5) and (6) redesignated as Application review...22536, 33363, 47703, (f)(6) and (7); new (f)(5) added 56125 ...... 53115 Technical correction...... 28357, 37371 76.930 Revised ...... 17973 Interpretation ...... 48426 76.933 (d) added ...... 17973 Memorandum opinion and order (e) and (f) added ...... 53115 ...... 53877 76.934 Existing text designated as Petition for reconsideration...... 53878, (a); (b), (c) and (d) added...... 17960 56531 Heading revised; (e) added ...... 51871 Petition denial ...... 55206, 55661 76.937 (d) and (e) added...... 17973 Authority citation revised ...... 55480

788

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00066 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 60 FR 47 CFR—Continued 60 FR Page Page 73.53 (b)(9) revised...... 55480 73.1020 Regulation at 59 FR 63051 73.57 (d) revised...... 55480 eff. date confirmed as 12–20– 73.62 (b) and (c) revised ...... 55480 94...... 10511 73.69 (a)(1) and (2) revised ...... 55480 73.1230 Revised ...... 55480 73.202 (b) table amended ...... 3557, 5869, 73.1250 (h) amended...... 56000 6671, 10512, 11909, 11910, 11911, 13918, 73.1300 Added ...... 55481 15255, 15256, 15496, 15497, 16586, 17023, 73.1350 Added ...... 55481 17254, 19359, 19360, 19531, 20052, 20053, 73.1400 Revised ...... 55481 20914, 20915, 20916, 22298, 22536, 25852, 73.1410 Removed ...... 55482 25853, 27042, 27899, 28068, 29491, 31256, 73.1500 Removed ...... 55482 31257, 31258, 31927, 31928, 31929, 31930, 73.1550 Removed ...... 55482 31931, 32121, 32276, 32277, 32917, 32918, 73.1580 Revised ...... 55482 33144, 33363, 34188, 35339, 35340, 35512, 73.1635 (a)(5) revised...... 55482 35513, 36230, 36231, 37597, 37598, 37946, 73.1650 Amended...... 5333 37947, 37948, 38280, 38739, 39127, 39659, 73.1820 (b)(4), (5) and (6) removed; 40105, 40301, 40761, 41027, 42070, 43027, (b)(7) and (8) redesignated as 45373, 45374, 46464, 52105, 52106, 53278, (b)(4) and (5); (a) introductory 54313, 54617, 54953, 54954, 55206, 55332, text, (2)(iii) and new (b)(4) re- 55801, 56001, 56255, 56532, 57368, 57369, vised...... 55482 62218, 62219, 62220, 62221, 63645, 64349, 73.1860 Removed ...... 55482 65021, 65022, 65244, 65587 73.1870 (a) and (b)(3) revised ...... 55482 (b) table amended; eff. 10–2–95 ...... 43981 73.3500 Regulation at 59 FR 63051 (b) table amended; eff. 10–5–95 ...... 43982 eff. date confirmed as 12–20– 94...... 10511 (b) table amended; eff. 10–10–95 73.3999 Revised ...... 44439 ...... 45373, 45374, 45375 74 Regulation at 59 FR 63052 eff. (b) table amended; eff. 10–16–95 date confirmed as 12–20–94 ...... 10511 ...... 46063 74.5 (c) removed ...... 55482 (b) table amended; eff. 10–23–95 74.15 Regulation at 59 FR 63052 eff...... 47303, 47490 date confirmed as 12–20–94 ...... 10511 (b) table amended; eff. 10–27–95 74.18 Revised ...... 55482 ...... 47876, 48426 74.165 Revised ...... 55482 (b) table amended; eff. 11–3–95 .....49234, 74.432 (e)(1) revised ...... 55482 49235 74.434 (b) revised ...... 55482 (b) table corrected; CFR correc- 74.436 (a) revised ...... 55483 tion...... 49348 74.533 (a)(2) revised ...... 55483 (b) table amended; eff. 11–6–95 ...... 49806 74.550 Revised ...... 14225 (b) table amended; eff. 11–9–95 ...... 50122 74.564 Heading and (a) revised...... 55483 73.606 (b) table amended ...... 15497, 43028, 74.634 (a)(1) revised ...... 55483 62220 74.703 (c) revised ...... 55483 (b) table amended; eff. 10–16–95 74.733 Regulation at 59 FR 63052 ...... 46064 eff. date confirmed as 12–20– (b) table corrected ...... 47491 94...... 10511 73.658 (f) and (l) removed ...... 15689 74.734 (a) introductory text re- (k) removed ...... 44780 vised; (a)(6) removed ...... 55483 73.659 Removed...... 48912 74.750 (g) revised ...... 55483 73.660 Removed...... 48912 74.765 (b) removed; (c) redesig- 73.661 Removed...... 48912 nated as (b) ...... 55483 73.662 Heading and introductory 74.769 Revised ...... 55483 text revised; eff. 9–21–95 to 8–30– 74.901 Amended...... 55483 96; removed eff. 8–30–95 ...... 48912 74.902 (d)(1) amended...... 20246 73.663 Removed...... 48912 Regulation at 60 FR 20246 eff. 73.691 Revised ...... 55480 date corrected to 5–25–95 ...... 28546 73.757 (b) removed ...... 55480 74.903 (a)(5) and (f) added; (e) 73.764 Removed...... 55480 amended...... 20246 73.900 Amended...... 56000 Regulation at 60 FR 20246 eff. 73.1010 (c) removed...... 55480 date corrected to 5–25–95 ...... 28546

789

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00067 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 60 FR 47 CFR—Continued 60 FR Page Page (b)(5) revised; (d) amended ...... 57368 76.933 (a), (b), (e) and (f) revised; 74.910 Amended...... 20247 (g) and (h) added (OMB number Regulation at 60 FR 20247 eff. pending) ...... 52119 date corrected to 5–25–95 ...... 28546 76.934 (f) added (OMB number 74.911 (a)(1) amended; (c) re- pending) ...... 14377 vised...... 20247 Revised...... 35865 Regulation at 60 FR 20247 eff. Regulation at 60 FR 35865 eff. 8– date corrected to 5–25–95 ...... 28546 21–95...... 47876 74.913 (d)(1) amended; (d)(5) (f) revised (OMB number pend- added...... 20247 ing)...... 52120 Regulation at 60 FR 20247 eff. 76.942 (f) revised (OMB number date corrected to 5–25–95 ...... 28546 pending) ...... 52120 74.932 (e) added...... 20247 76.944 (c) added (OMB number Regulation at 60 FR 20247 eff. pending) ...... 52121 date corrected to 5–25–95 ...... 28546 76.953 (a) removed; (b) and (c) re- 74.939 (i) revised...... 55483 designated as (a) and (b) ...... 35868 74.969 Revised ...... 55483 Regulation at 60 FR 35868 eff. 8– 74.991 (a) amended ...... 20247 21–95...... 47876 Regulation at 60 FR 20247 eff. 76.957 Revised (OMB number date corrected to 5–25–95 ...... 28546 pending) ...... 52121 74.1203 (e) revised...... 55484 76.960 Revised (OMB number 74.1234 (a) introductory text re- pending) ...... 52121 vised; (c) removed ...... 55484 76 Petition denied ...... 3099 1996 Order ...... 21464 47 CFR 61 FR 76.51 (a)(28) revised ...... 28359 Page (a)(28) revised; eff. 10–2–95 ...... 45376 73 Petition for reconsideration...... 2454, (a)(32) revised ...... 51928 7999, 14981, 16878, 20490, 25594, 29311, 76.501 (b) notes 1 through 4 31449, 35139, 42394, 48638 transfered; (d) and (e) revised; Technical correction...... 7739 (f) and note 5 added...... 37834 Order...... 8880, 8881 76.502 Revised ...... 37835 Application review...... 19558, 37840 76.901 (c) revised; (e) added ...... 35864 Petition denial...... 29491, 29492, 37840 Regulation at 60 FR 35864 eff. 8– 73.202 (b) table amended ...... 2453, 2454, 21–95...... 47876 4232, 4233, 4234, 5722, 9359, 9360, 9361, 76.922 (e)(7) revised ...... 4865 9648, 10284, 10285, 11320, 11584, 14032, (d)(2) revised...... 10514 14504, 14677, 16879, 18511, 18512, 18685, (b)(4), (i), (ii), (5)(i)(A), (B), (C) 18686, 20490, 20747, 21384, 21385, 21973, and (e)(7) revised...... 35864 24243, 24244, 24465, 29492, 32706, 33377, Regulation at 60 FR 35864 eff. 8– 34377, 34743, 34744, 37840, 40156, 40747, 21–95...... 47876 41019, 42189, 42190, 42394, 43026, 43472, (e) through (k) redesignated as 43686, 44183, 44184, 47435, 47436, 47437, (g) through (m); (c), (d) and 48639, 51789, 53643, 53644, 55117, 55118, new (g) through new (m) re- 55752, 55926, 57335, 57336, 58340, 58341, vised; new (e) and new (f) 58785, 60044, 60632, 63759, 64999, 65478, added (OMB number pending) 66228, 66229, 66618, 67727, 67728, 68162 ...... 52113 (b) table amended; eff. 10–28–96 (e)(3)(ii) revised ...... 54817 ...... 50247, 50248, 76.923 (n) and (o) added (OMB (b) table amended; eff. 11–4–96 ...... 51029 number pending) ...... 52118 73.561 (b) introductory text 76.924 (d) revised ...... 35865 amended...... 18291 Regulation at 60 FR 35865 eff. 8– (d) amended ...... 28767 21–95...... 47876 73.606 (b) table amended ...... 4233, 8000, 76.925 (a) and (b) redesignated as 11585, 19558, 34745, 52900, 53645, 54104 (b) and (c); new (a) added; new 73.621 (f) revised...... 36304 (c) revised (OMB number pend- 73.646 Heading, (a), (b), (d), (e) and ing) ...... 52119 (f) revised ...... 36304

790

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00068 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 61 FR 47 CFR—Continued 61 FR Page Page 73.658 (g) revised ...... 10692 76.501 (b) removed; (f) revised ...... 15388 73.671 (a) revised; note removed; 76.502 Revised ...... 15388 (c) and Notes 1 and 2 added; eff. 76.505 Added ...... 18977 9–1–97...... 43997 76.605 (a)(1) revised; (a)(2) re- 73.672 Removed; eff. 9–1–97...... 43998 moved; (a)(3) through (13) re- 73.673 Added (OMB number pend- designated as (a)(2) through ing) ...... 43998 (12) ...... 18510 73.682 (a)(24) added ...... 36304 (b) Note 6 revised ...... 18978 73.733 Revised ...... 28767 76.630 (c) removed; (d) and (e) re- 73.761 (c) amended...... 28767 designated as (c) and (d); new 73.1020 (b) revised...... 18291 (c) introductory text, (2)(i), (c) added ...... 28767 (d)(2)(iii) and note ...... 18510 73.1030 (c)(2) amended...... 8477 76.701 (i) added and stayed ...... 18978 73.1207 (b)(2) revised...... 36305 76.702 Revised and stayed...... 18978 73.1213 Revised ...... 4367 76.802 Revised (effective date 73.1615 (c)(2) added ...... 28767 pending)...... 6137 73.1635 (a)(4) amended ...... 28767 76.905 (b)(4) added...... 18978 73.1690 (b)(1) revised ...... 4367 76.922 (i)(6)(i) and (7) revised; 73.1740 (c) added ...... 28767 (i)(6)(ii) through (vii) redesig- 73.1750 Amended ...... 28767, 46563 nated as (i)(6)(iii) through 73.3500 Table amended (OMB (viii); new (i)(6)(ii) added (ef- number pending) ...... 43998 fective date pending) ...... 9367 73.3516 (e) introductory text and (a) revised...... 45359 (1) revised ...... 18291 76.923 (a), (c), (f), (g) and (m) re- 73.3523 (a) revised...... 18291 vised...... 32709 73.3526 (a)(8)(iii) revised (OMB 76.924 Heading, (e)(1)(iii) and number pending) ...... 43998 (2)(iii) revised; (e)(1)(iv), (v), 73.3533 (c) added...... 4367 (2)(iv) and (v) removed (OMB 73.3555 (a) revised...... 10690 number pending) ...... 9367 (e) revised ...... 10692 76.933 (e) and (g)(5) revised...... 18978 73.3571 (c)(1) and (2) redesignated 76.950 Revised ...... 18979 as (c)(2) and (3); new (c)(1) 76.951 Revised ...... 18979 added...... 46563 76.953 (a) revised ...... 18979 73.3584 (a) amended ...... 18291 76.956 (a) revised ...... 18979 73.3591 (a) introductory text and 76.964 Revised ...... 18979 (c) revised; (d) added...... 18291 76.970 (a) through (e) revised ...... 16400 73.3613 (e) revised...... 36305 76.971 (g) added ...... 16401 74.15 (g) added ...... 28767 76.977 Heading revised...... 16401 74.22 Revised ...... 4368 76.984 (c) revised ...... 18979 74.112 (e) revised ...... 28767 76.1000 (e) note and (h) note 74.551 (c) added ...... 4368 added...... 28708 74.651 (d) added ...... 4368 76.1004 Added ...... 18980 74.763 (c) revised ...... 28768 Existing text redesignated as 74.1251 (d) added ...... 4368 (a); (b) added...... 28708 74.1263 (e) revised...... 28768 76.1400—76.1404 (Subpart R) 76 Technical correction ...... 11749 Added; interim ...... 18980 Petition for reconsideration...... 15388 76.1500—76.1514 (Subpart S) Authority citation revised ...... 18510, Added ...... 28708 28708 76.1500 (g) redesignated as (h); Order ...... 32706 new (g) added (effective date 76.5 (ll) revised (effective date pending) ...... 43175 pending)...... 6137 76.1502 OMB number pending ...... 28708 (a) and (ff) revised...... 18977 (c)(6) and (d) revised; (e) added 76.51 (b)(73) revised ...... 18292 (effective date pending) ...... 43175 76.55 (e) revised...... 29313 76.1503 (c)(2)(iv)(C) removed; 76.227 Added ...... 9650 (c)(2)(v) added (effective date 76.309 (c)(3)(i)(B) revised ...... 18977 pending) ...... 43176

791

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00069 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 61 FR 47 CFR—Continued 62 FR Page Page 76.1504 (e) revised (effective date Chapter I—Continued pending) ...... 43176 (b) table amended; eff. 11–3–97 .....50875, 76.1505 (d)(1), (4), (6) and (8) re- 50876 vised (effective date pend- 73.207 (b)(2) Table B amended; ing) ...... 43176 (b)(3) revised...... 50256 76.1506 (d), (l)(3) and (m)(2) revised 73.213 (a) revised; eff. 11–25–97 ...... 50521 (effective date pending) ...... 43177 73.310 (a) amended; eff. 12–1–97 ...... 51058 76.1511 Revised (effective date 73.316 (c)(9) added; (e) revised; (f) pending) ...... 43177 through (i) removed; eff. 12–1– 76.1512 (b), (c) and (d) revised (ef- 97...... 51058 fective date pending) ...... 43177 73.525 (e)(1)(vii) added; eff. 12–1– 76.1513 (e)(1)(viii) note added (ef- 97...... 51059 fective date pending) ...... 43178 73.606 (b) table amended ...... 39782 76.1514 (b) revised (effective date 73.622 Added ...... 26712 pending) ...... 43178 73.623 Added ...... 26719 78.19 (e)(2) amended...... 8478 73.624 Added ...... 26989 78.63 Revised ...... 4368 73.625 Added ...... 26990 78.109 (a)(3) removed; (a)(4) 73.681 Amended; eff. 12–1–97 ...... 51059 through (8) redesignated as 73.682 (d) revised ...... 14015 (a)(3) through (7); (c) added ...... 4368 73.685 (h) revised; eff. 12–1–97 ...... 51058 73.733 Revised ...... 5347 73.1020 (a) introductory text re- 1997 vised ...... 5347 47 CFR 62 FR 73.1030 (a) redesignated as (a)(1); Page (a)(2) added ...... 55532 Chapter I 73.1125 (b)(2) revised; eff. 12–1– 73 Authority citation revised ...... 5347, 97...... 51059 26712, 26989 73.1620 (a)(2) revised; (a)(3) and (4) Reconsideration petitions....5778, 9375, added; (b) revised; eff. 12–1– 9989, 13349, 23176, 24055, 25557, 97...... 51059 28369, 32240, 37145, 39128, 39781, 73.1675 (c) revised; eff. 12–1–97 ...... 51060 44595 73.1690 (b) and (c) revised; eff. 12– Petition denial...... 36227, 38033, 61692 1–97...... 51060 Technical correction ...... 42416 73.1692 Added; eff. 12–1–97 ...... 51062 73.14 Amended; eff. 12–1–97 ...... 51058 73.3500 Amended; eff. 12–1–97 ...... 51063 73.202 (b) table amended ...... 329, 330, 665, 73.3536 (b)(1) revised; eff. 12–1– 2611, 2969, 2970, 4466, 4660, 4661, 5779, 97...... 51063 6886, 6887, 8178, 9374, 9375, 9990, 10222, 73.3537 Revised; eff. 12–1–97...... 51063 12104, 12105, 13544, 13545, 14004—14006, 73.3538 Introductory text, (a) in- 15858, 17749, 18535, 18536, 22895, 22896, troductory text, (1), (2) and (3) 23376, 24055, 24842—24844, 26417—26419, revised; (a)(5), (6) and (7) re- 27700—27702, 29078—29080, 31006— moved; (b)(3) added; eff. 12–1– 31008, 31364, 32238—32240, 36226, 36227, 97...... 51063 36699—36704, 37145, 37523, 38030—38034, 73.3544 (a) revised; eff. 12–1–97 ...... 51063 38219, 39780, 39781, 40947—40949, 42218, 73.4235 Removed; eff. 11–25–97 ...... 50522 43123, 43293, 43294, 44416, 44912, 47372, 74 Authority citation revised ...... 5347 51799, 51800, 53973, 54791, 55763, 59605, 74.15 (d) introductory text and (f) 63674, 63675, 65764—65767, 66030, 66031, revised ...... 5347 66295, 66530, 66826 74.24 (j) added...... 55532 Regulation at 62 FR 38219 with- 74.32 Added ...... 55537 drawn ...... 42416 74.402 (a) and (b) amended; eff. 10– (b) table amended; eff. 10–6–97 ...... 45763 17–97 ...... 18843 (b) table amended; eff. 10–9–97 ...... 45764 74.536 (b) and (c) revised ...... 4922 (b) table amended; eff. 10–20–97 74.602 (h) removed; (i) and (j) re- ...... 47762, 47763 designated as (h) and (i)...... 23163 (b) table amended; eff. 10–27–97 74.641 (a)(1) revised...... 4922 ...... 49171, 49622 74.701 (b) revised ...... 26720

792

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00070 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 62 FR 47 CFR—Continued 62 FR Page Page Chapter I—Continued Chapter I—Continued 74.702 (b) revised ...... 26721 76.970 (a) amended; (b) through (f) 74.703 (a), (b) and (c) revised...... 26721 revised; (g), (h) and (i) added 74.705 Heading, (b)(4) and (5) re- (OMB number pending) ...... 11380 vised; (e) added ...... 26721 Regulation at 62 FR 11380 eff. 5– 74.706 Added ...... 26721 12–97...... 25865 74.707 (b)(3) revised; (d)(5) and (6) 76.971 (a), (c), (f)(1) and (g) revised; removed; (d)(7) redesignated as (d) amended; (h) added (OMB (d)(5); (e) added ...... 26722 number pending) ...... 11381 74.735 Heading, (a), (b) and (c) in- Regulation at 62 FR 11381 eff. 5– troductory text revised; (d), (e) 12–97...... 25865 and (f) removed ...... 26722 76.975 (b) through (e) revised 74.750 (a) revised ...... 26722 (OMB number pending) ...... 11382 74.780 Amended; eff. 12–1–97 ...... 51063 Regulation at 62 FR 11382 eff. 5– 74.1235 (h) revised; eff. 12–1–97 ...... 51063 12–97...... 25865 74.1237 (e) added; eff. 12–1–97 ...... 51063 76.977 (a) amended...... 11382 76 Enforcement date...... 26245 76.1502 (d) and (e) revised; (f) 76.5 (mm)(2) revised; (mm)(3) and added (OMB number pend- (4) added ...... 61031 ing) ...... 26238 76.613 Heading, (b), (c) and (d) re- OMB number ...... 38029 vised (effective date pend- 76.1503 (b)(1) revised (OMB num- ing) ...... 61031 ber pending)...... 26239 76.620 Added ...... 61031 OMB number ...... 38029 76.701 Revised (OMB number 76.1513 (d)(8) and (9) added (OMB pending) ...... 28373 number pending)...... 26239 Regulation at 62 FR 28373 eff. 10– OMB number ...... 38029 29–97...... 61034 78.18 (a)(5) removed; (a)(6), (7) and 76.702 Revised (OMB number (8) redesignated as (a)(5), (6) pending) ...... 28373 and (7)...... 23163 Regulation at 62 FR 28373 eff. 10– 78.19 (c) redesignated as (c)(1); 29–97...... 61034 (c)(2) added ...... 55533 76.800 Added ...... 61031 (f) added...... 55538 76.802 (a) and (g) revised; (l) added 78.105 (a)(1) revised...... 4923 (effective date pending) ...... 61031 79 Added; eff. 1–1–98 ...... 48493 76.804 Added (effective date pending) ...... 61032 1998 76.805 Added ...... 61033 47 CFR 63 FR 76.806 Added ...... 61034 Page 76.905 (f) revised ...... 6495 Chapter I 76.913 (b)(1) revised (Effective 73 Petition denial...... 165, 8578, 10345 date pending) ...... 6495 Application for review ...... 5744 Regulation at 62 FR 6495 eff. 8– Policy statement...... 11376 13–97...... 44913 Reconsideration petition .....3832, 3833, 76.921 Revised ...... 6495 13347, 17736, 24970, 28486, 45012 76.922 (f)(4) revised (OMB number Petition denial...... 26992, 44170 pending)...... 6495 Authority citation revised ...... 48622 (b)(4)(ii) revised ...... 15121 Actions on petitions...... 54380, 71389 (c)(2) revised; (n) added (OMB Order ...... 65710 number pending)...... 15127 73.45 (c) introductory text and (2) Regulation at 62 FR 6495 eff. 8– revised ...... 33875 13–97...... 44913 73.53 (a), (b) introductory text Regulation at 62 FR 15127 eff. 9– and (10) revised; eff. 10–5–98...... 36604 4–97 ...... 52952 73.54 (d) introductory text re- (b)(5)(i) introductory text revised...... 33876 vised ...... 53576 73.58 (f) revised ...... 33876 76.934 (h)(5)(i) and (9) revised; 73.68 (b) and (d)(1) revised ...... 33876 (h)(11) added ...... 53576 73.69 (c) and (d)(5) revised ...... 33876

793

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00071 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 63 FR 47 CFR—Continued 63 FR Page Page Chapter I—Continued Chapter I—Continued 73.151 (a) introductory text and 73.3500 Table amended; eff. 11–10– (1) introductory text re- 98...... 48623 vised...... 33876 Existing text designated as (a); 73.202 (b) table amended ...... 164, 165, (b) added ...... 70049 2350—2352, 3832—3835, 4195, 4398, 5464, 73.3522 Revised; eff. 11–10–98 ...... 48623 5744, 6077—6079, 7308, 8579—8581, 10346, 73.3525 (c) and (d) revised; (l) 11378—11380, 12412, 12413, 13545, 13546, added; eff. 11–10–98...... 48624 17123, 17124, 18843, 19663, 23226, 24454, 73.3526 Revised (effective date 26993, 27212, 27498, 27499, 27858, 27859, pending) ...... 49497 30144, 30145, 32981, 34604, 36192, 36193, Regulation at 63 FR 49497 eff. 10– 38757, 40189, 40374, 41735, 42281, 43099, 30–98...... 56578 44584, 45012, 45182, 45183, 52984, 54379, (e)(11)(iii) revised...... 70049 54380, 54600, 55807—55809, 55958, 55959, Regulation at 63 FR 70049 eff. 12– 57609, 57610, 59238, 59239, 62956, 62957, 31–98...... 71789 63617—63619, 64877, 67430 73.3527 Revised (effective date Regulation at 63 FR 23226 with- pending) ...... 49499 drawn ...... 29668 Regulation at 63 FR 49499 eff. 10– (b) table amended; eff. 10–19–98 30–98...... 56578 ...... 49291 73.3534 Revised ...... 70049 (b) table amended; eff. 10–26–98 73.3535 Removed ...... 70049 ...... 49668 73.3542 (b) revised...... 33878 Corrected...... 49870 73.3544 (b) introductory text re- (b) table amended; eff. 11–2–98 ...... 50995 vised...... 33878 73.213 (a) introductory text re- 73.3549 Revised ...... 33878 vised...... 33876 73.3550 Revised ...... 71603 73.258 (d) revised ...... 33876 73.3564 Revised; eff. 11–10–98 ...... 48624 73.312 (b) revised ...... 33877 73.3568 Revised; eff. 11–10–98 ...... 48624 73.313 (c)(2) and (d)(2) revised...... 33877 73.3571 Revised; eff. 11–10–98 ...... 48625 73.316 (c) revised ...... 70047 73.3572 (a)(2) revised...... 13562 73.503 Amended...... 33877 Revised; eff. 11–10–98 ...... 48626 73.561 (c) and (d) revised ...... 33877 73.3573 Revised; eff. 11–10–98 ...... 48627 73.606 (b) table amended ...... 6079 73.3597 (c)(1)(iii) added ...... 70050 73.622 (b) through (h) revised ...... 13552 73.3598 Revised ...... 70050 73.623 (c) through (f) revised ...... 13552 73.3599 Removed ...... 70050 73.624 (c) revised ...... 15784 73.3612 Revised ...... 16907 (g) added ...... 69216 73.3613 (b)(7) added ...... 70050 73.625 (c)(5) added...... 13562 73.3615 (a) introductory text, (1), 73.682 (a)(22)(i) and (24)(iii)(A) re- (3)(i)(A), (c), (d) introductory vised...... 20134 text, (e) and (f) revised; (a)(2) 73.1010 (a)(8) added; eff. 11–10– amended...... 70050 98...... 48622 Regulation at 63 FR 70050 eff. in 73.1030 (a) revised...... 70048 part 12–31–98...... 71789 73.1125 Revised (effective date 73.3617 Added ...... 33878 pending) ...... 49497 73.5000—73.5009 (Subpart I) Regulation at 63 FR 49497 eff. 10– Added; eff. 11–10–98 ...... 48629 30–98...... 56578 73 Index amended ...... 33878 73.1202 Removed (effective date 74 Rule confirmation ...... 69562 pending) ...... 49501 74.451 Heading revised; (a) 73.1350 (g) revised...... 33877 through (d) and (f) amended; 73.1560 (d) revised...... 33877 eff. 10–5–98...... 36604 73.1660 Revised; eff. 10–5–98...... 36604 74.452 (b) and (d) amended; eff. 10– 73.1665 (c) revised; eff. 10–5–98 ...... 36604 5–98...... 36604 73.1675 (a) revised...... 70049 74.462 (a) and (b) table amended; 73.1680 (b) introductory text re- eff. 10–5–98...... 36604 vised...... 33878 74.550 Revised; eff. 10–5–98 ...... 36604 73.1750 Revised ...... 33878 74.632 (a) amended; eff. 10–5–98 ...... 36605

794

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00072 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 63 FR 47 CFR—Continued 63 FR Page Page Chapter I—Continued Chapter I—Continued 74.651 (a)(1) amended; eff. 10–5– 74.951 (a) amended; eff. 10–5–98 ...... 36605 98...... 36605 (b) revised (OMB number pend- 74.655 Revised; eff. 10–5–98 ...... 36605 ing)...... 65124 74.706 (d) revised ...... 13563 74.952 Introductory text and (a) 74.734 (a)(4) revised ...... 33878 redesignated as (a) and (b); new 74.750 (a), (b), (c) introductory (a) and (b) amended; eff. 10–5– text, (e) introductory text, (1) 98...... 36605 through (4) and (g) amended; Revised...... 65124 eff. 10–5–98...... 36605 74.961 (a) revised ...... 65124 74.751 (c) revised ...... 33879 74.965 Revised (OMB number (a) and (b)(1) amended; eff. 10–5– pending) ...... 65125 98 ...... 36605 74.763 (b) revised ...... 33879 74.982 (b) revised; (g) added ...... 65125 74.783 (e) revised ...... 71604 74.985 Revised (OMB number 74.784 (b) revised ...... 33879 pending) ...... 65125 74.851 Heading revised; (a), (b), 74.986 (a) introductory text re- (c), (e) and (f) amended; eff. 10– vised; (a)(8) added ...... 65127 5–98...... 36605 74 Index amended ...... 65127 74.852 (a) amended; eff. 10–5–98 ...... 36605 74.1231 (b) introductory text re- 74.861 (b) amended; eff. 10–5–98 ...... 36605 vised...... 33879 74.901 Amended...... 65113 74.1233 Revised; eff. 11–10–98 ...... 48632 74.902 (f) through (j) redesignated 74.1234 (a)(4) revised...... 33879 as (g) through (k); (c), (d) and 74.1235 (c) revised; (d)(1), (2) and (e) revised; new (f) added (OMB (3) added ...... 33879 number pending)...... 65113 (e) amended; eff. 10–5–98 ...... 36605 74.903 (a)(1), (2), (3), (b) introduc- 74.1250 (a), (b) and (c) introductory text, (1), (2), (4), (5), (c) and tory text revised; eff. 10–5– (d) revised; (a)(6) added; (e) and 98...... 36606 (f) removed ...... 65114 74.1251 (b)(6) revised...... 33879 74.910 Amended; eff. 11–10–98 ...... 48632 (a) and (b)(1) amended; eff. 10–5– 74.911 (c) revised; (d) removed; eff. 98 ...... 36606 11–10–98...... 48632 74.1290 Added ...... 33879 (a)(1) revised; (d) added (OMB 74 Index amended ...... 33880 number pending)...... 65115 76 Reconsideration petition...... 17333 74.912 Removed; eff. 11–10–98...... 48632 Authority citation revised ...... 38094 Added ...... 65115 76.5 (qq) revised ...... 29667 74.913 Removed; eff. 11–10–98...... 48632 74.931 (d), (e), (f) through (k) re- 76.77 (a) revised...... 16907 designated as (b), (c) and (e) 76.503 Regulation at 58 FR 60141 through (j); new (b) and new (c) eff. 8–13–98...... 37790 revised; new (d) added (OMB 76.613 Regulation at 62 FR 61031 number pending)...... 65116 eff. 3–13–98...... 15103 74.935 (a) and (b) revised ...... 65117 76.802 Regulation at 62 FR 61031 74.936 Revised (OMB number eff. 3–13–98...... 15103 pending) ...... 65117 76.804 Regulation at 62 FR 61031 74.937 (a) amended; (b) revised ...... 65118 eff. 3–13–98...... 15103 74.938 Amended; eff. 10–5–98 ...... 36605 76.1003 (c)(5) and (s)(3) added; Revised...... 65119 (d)(1), (2), (e) and (s)(1) revised 74.939 (j) amended; eff. 10–5–98...... 36605 (effective date pending) ...... 45745 Revised (OMB number pending) 76.1200—76.1210 (Subpart P) ...... 65119 Added (effective date pend- 74.940 Added (OMB number pending) ...... 38094 ing) ...... 65124 76.1204 Eff. 7–1–00 ...... 38094 74.950 Removed...... 65124 76.1502 (d) existing text des- (f) introductory text amended; ignated as (d)(2); (d)(1) eff. 10–5–98...... 36605 added...... 31934

795

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00073 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B 47 CFR (10–1–99 Edition)

47 CFR—Continued 63 FR 47 CFR—Continued 64 FR Page Page Chapter I—Continued Chapter I—Continued 78.107 (a) removed; (b) through (e) 73.3555 (a)(3) and (4)(iii) removed; redesignated as (a) through (d); (a)(4) redesignated as (a)(3); new (a) introductory text and Note 2 amended; eff. 11–16– (2) introductory text revised; 99...... 50645 eff. 10–5–98...... 36606 (e)(2)(i) and (ii) revised; Note 5 Corrected...... 49870 amended; eff. 11–16–99 ...... 50646 78 Index amended; eff. 10–5–98 ...... 36606 (b), (c) and Note 7 revised; eff. in Rule confirmation ...... 69562 part 11–16–99...... 50666 79.1 (b), (d)(3), (7), (8), (9) and (e)(3) 73.3571 (a)(1) and (f) revised...... 19501 revised; (d)(13) and (e)(10) 73.3573 (a)(1) and (e) revised ...... 19502 added...... 55962 73.3613 (d) and (e) revised (effective date pending) ...... 50646 73.5002 (c) and (d) revised ...... 24526 1999 73.5006 (b) and (c) revised ...... 24526 (Regulations published from January 1, 73.5007 Revised ...... 24526 1999, through October 1, 1999) 73.5008 (b) and (c) revised ...... 24527 (c) revised ...... 44858 47 CFR 64 FR Page 73.5009 Revised ...... 24527 74 Nomenclature change ...... 4055 Chapter I 74.706 (d)(1) revised...... 4327 73 Actions on petitions ...... 3650, 9923, 74.901 Regulation at 63 FR 65113 14397, 51470 eff. date corrected to 2-8-99...... 4054 Application for review ...... 27710, 32441, 74.903 Regulation at 63 FR 65114 48307 eff. date corrected to 2-8-99...... 4054 73.202 (b) table amended ...995, 2858, 3874, 74.911 Regulation at 63 FR 65115 3875, 5718—5720, 7813, 8725, 9923, 12903, eff. date corrected to 2-8-99...... 4054 13720—13723, 17109, 19067, 19300, 22564— 74.912 Regulation at 63 FR 65115 22567, 23022, 23243, 23244, 24522, 26697, eff. date corrected to 2-8-99...... 4054 31140—31143, 31511, 32821—32824, 33224, Revised...... 24527 33225, 34743, 36254—36258, 37875, 37876, 74.931 Regulation at 63 FR 65116 38589—38592, 39940, 39941, 40292, 40293, eff. date corrected to 2-8-99...... 4054 41827—41834, 42614—42617, 43096, 46316, Note 1 added; eff. 11–16–99...... 50646 47405—47409 74.935 Regulation at 63 FR 65117 (b) table amended; eff. 10–12–99 eff. date corrected to 2-8-99...... 4054 ...... 49087—49092, 49683 74.936 Regulation at 63 FR 65117 (b) table amended; eff. 10–18–99 eff. date corrected to 2-8-99...... 4054 ...... 50009—50011, 50256, 50257 74.937 Regulation at 63 FR 65118 (b) table amended; eff. 10–25–99 eff. date corrected to 2-8-99...... 4054 ...... 50772 74.938 Regulation at 63 FR 65119 73.606 (b) table amended ...... 12767, 36258, eff. date corrected to 2-8-99...... 4054 45894 74.939 Regulation at 63 FR 65119 73.622 (b) table amended ...... 4326, 45894 eff. date corrected to 2-8-99...... 4054 (e) revised ...... 4327 74.940 Correctly redesignated as (e) correctly revised ...... 47702 74.949...... 4055 73.623 (f) redesignated as (g); new 74.949 Correctly redesignated (f) added ...... 4327 from 74.940...... 4055 73.624 (b) revised...... 4327 74.950 Regulation at 63 FR 65124 (c) introductory text corrected; eff. date corrected to 2-8-99...... 4054 CFR correction...... 26327 74.951 Regulation at 63 FR 65124 73.686 (d) added ...... 7127 eff. date corrected to 2-8-99...... 4054 73.3517 (e) added ...... 19501 74.952 Regulation at 63 FR 65124 73.3526 (c)(2) and (e)(9) revised ...... 35947 eff. date corrected to 2-8-99...... 4054 (e)(14) revised; (e)(16) added; (ef- 74.961 Regulation at 63 FR 65124 fective date pending) ...... 50645 eff. date corrected to 2-8-99...... 4054 73.3527 (c)(2) and (e)(9) revised; 74.965 Regulation at 63 FR 65125 (e)(4) amended ...... 35947 eff. date corrected to 2-8-99...... 4054

796

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00074 Fmt 8060 Sfmt 8060 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B List of CFR Sections Affected

47 CFR—Continued 64 FR 47 CFR—Continued 64 FR Page Page Chapter I—Continued Chapter I—Continued 74.982 Regulation at 63 FR 65125 76.907 Added ...... 35950 eff. date corrected to 2-8-99...... 4054 76.911 (a) introductory text and 74.985 Regulation at 63 FR 65125 (1) revised; (b) removed; (c), (d) eff. date corrected to 2-8-99...... 4054 and (e) redesignated as (b), (c) 74.986 Regulation at 63 FR 65127 and (d) ...... 35950 eff. date corrected to 2-8-99...... 4054 76.914 (c) revised...... 6572 74.1233 (a)(1), (b) and (d)(1) re- Regulation at 64 FR 6569 eff. 7– vised...... 19502 15–99...... 36605 74 Regulation at 63 FR 65127 eff. 76.915 Removed...... 35950 date corrected to 2-8-99 ...... 4054 76.934 Note added ...... 35950 76 Order ...... 5950 76.950 (b) revised ...... 35950 Authority citation and heading 76.952 (a) revised (effective date revised ...... 6569 pending) ...... 35950 Authority citation revised ...... 28108 Regulation at 64 FR 35950 eff. 8– 76.6 Added ...... 6569 31–99...... 42855 Regulation at 64 FR 6569 eff. 7– 76.956 (a) revised ...... 35950 15–99...... 36605 76.961 (b) revised ...... 35951 76.7 Revised ...... 6569 Regulation at 64 FR 6569 eff. 7– 76.964 (b) correctly revised ...... 42855 15–99...... 36605 76.984 (b) amended; (c)(2) revised; 76.8 Revised ...... 6571 (c)(3) added; ...... 35951 Regulation at 64 FR 6569 eff. 7– 76.990 Added (effective date pend- 15–99...... 36605 ing) ...... 35951 76.9 Revised ...... 6569 Regulation at 64 FR 35951 eff. 8– Regulation at 64 FR 6569 eff. 7– 31–99...... 42855 15–99...... 36605 76.1003 Regulation at 63 FR 45739 76.10 Revised ...... 6569 eff. 12–23–98...... 2595 Regulation at 64 FR 6569 eff. 7– Revised ...... 6572 15–99...... 36605 Regulation at 64 FR 6569 eff. 7– 76.55 (e)(1) through (6) revised ...... 33796 15–99...... 36605 (e) correctly revised ...... 42617 76.1204 (f) added...... 29600 76.59 (b) and (c) revised ...... 33796 76.1302 Revised ...... 6574 76.61 (a)(3), (4) and (b) revised; Regulation at 64 FR 6572 eff. 7– (a)(5) added...... 6572 15–99...... 36605 Regulation at 64 FR 6572 eff. 7– 76.1401 (a), (b) designation, (c), 15–99...... 36605 and (d) removed ...... 35951 76.403 Revised (effective date 76.1403 Removed ...... 35951 pending) ...... 28108 76.1513 Heading, (a) and (d) 76.501 Note 6 added; eff. 11–16– through (h) revised; (i) through 99...... 50646 (u) removed...... 6575 76.615 Introductory text and (a) Regulation at 64 FR 6575 eff. 7– revised ...... 28109 15–99...... 36605 76.701 (b) note added...... 35950 76.1603 (e) revised...... 35951 76.901 (f) added ...... 35950 (e) reinstated ...... 42855 76.905 (g) revised ...... 35950 79.1 (e)(3) revised ...... 33424 Æ

797

VerDate 2999 15:18 Nov 15, 1999 Jkt 183187 PO 00000 Frm 00075 Fmt 8060 Sfmt 8006 Y:\SGML\183187B.XXX pfrm08 PsN: 183187B