Federal Communications Commission § 73.658

Home , AM broadcasting, Channel 37, One FM, Sin Sin Sin

SUBCHAPTER C—BROADCAST RADIO SERVICES

PARTS 70–72 [RESERVED] 73.151 Field strength measurements to establish performance of directional antennas. PART 73—RADIO BROADCAST 73.152 Modification of directional antenna SERVICES data. 73.153 Field strength measurements in sup- Subpart A—AM Broadcast Stations port of applications or evidence at hearings. Sec. 73.154 AM directional antenna partial proof 73.1 Scope. of performance measurements. 73.14 AM broadcast definitions. 73.155 Directional antenna performance recertification. 73.21 Classes of AM broadcast channels and 73.157 Antenna testing during daytime. stations. 73.158 Directional antenna monitoring 73.23 AM broadcast station applications af- points. fected by international agreements. 73.160 Vertical plane radiation characteris- 73.24 Broadcast facilities; showing required. tics, f(q). 73.25 Clear channels; Class A, Class B and 73.182 Engineering standards of allocation. Class D stations. 73.183 Groundwave signals. 73.26 Regional channels; Class B and Class D 73.184 Groundwave field strength graphs. stations. 73.185 Computation of interfering signal. 73.27 Local channels; Class C stations. 73.186 Establishment of effective field at 73.28 Assignment of stations to channels. one kilometer. 73.29 Class C stations on regional channels. 73.187 Limitation on daytime radiation. 73.30 Petition for authorization of an allot- 73.189 Minimum antenna heights or field ment in the 1605–1705 kHz band. strength requirements. 73.31 Rounding of nominal power specified 73.190 Engineering charts and related for- on applications. mulas. 73.33 Antenna systems; showing required. 73.35 Calculation of improvement factors. Subpart B—FM Broadcast Stations 73.37 Applications for broadcast facilities, showing required. 73.201 Numerical designation of FM broad- 73.44 AM transmission system emission lim- cast channels. itations. 73.202 Table of Allotments. 73.45 AM antenna systems. 73.203 Availability of channels. 73.49 AM transmission system fencing re- 73.204 International agreements and other quirements. restrictions on use of channels. 73.51 Determining operating power. 73.205 Zones. 73.207 Minimum distance separation be- 73.53 Requirements for authorization of an- tween stations. tenna monitors. 73.208 Reference points and distance com- 73.54 Antenna resistance and reactance putations. measurements. 73.209 Protection from interference. 73.57 Remote reading antenna and common 73.210 Station classes. point ammeters. 73.211 Power and antenna height require- 73.58 Indicating instruments. ments. 73.61 AM directional antenna field strength 73.212 Administrative changes in authoriza- measurements. tions. 73.62 Directional antenna system operation 73.213 Grandfathered short-spaced stations. and tolerances. 73.215 Contour protection for short-spaced 73.68 Sampling systems for antenna mon- assignments. itors. 73.220 Restrictions on use of channels. 73.69 Antenna monitors. 73.232 Territorial exclusivity. 73.72 Operating during the experimental pe- 73.258 Indicating instruments. riod. 73.267 Determining operating power. 73.88 Blanketing interference. 73.277 Permissible transmissions. 73.99 Presunrise service authorization 73.293 Use of FM multiplex subcarriers. (PSRA) and Postsunset service author- 73.295 FM subsidiary communications serv- ization (PSSA). ices. 73.127 Use of multiplex transmission. 73.297 FM stereophonic sound broadcasting. 73.128 AM stereophonic broadcasting. 73.310 FM technical definitions. 73.132 Territorial exclusivity. 73.311 Field strength contours. 73.150 Directional antenna systems. 73.312 Topographic data.

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73.313 Prediction of coverage. 73.615 Administrative changes in authoriza- 73.314 Field strength measurements. tions. 73.315 FM transmitter location. 73.616 Post-transition DTV station inter- 73.316 FM antenna systems. ference protection. 73.317 FM transmission system require- 73.621 Noncommercial educational TV sta- ments. tions. 73.318 FM blanketing interference. 73.622 Digital television table of allotments. 73.319 FM multiplex subcarrier technical 73.623 DTV applications and changes to standards. DTV allotments. 73.322 FM stereophonic sound transmission 73.624 Digital television broadcast stations. standards. 73.625 DTV coverage of principal commu- 73.333 Engineering charts. nity and antenna system. 73.626 DTV distributed transmission sys- Subpart C—Digital Audio Broadcasting tems. 73.641 Subscription TV definitions. 73.401 Scope. 73.642 Subscription TV service. 73.402 Definitions. 73.643 Subscription TV operating require- 73.403 Digital audio broadcasting service re- ments. quirements. 73.644 Subscription TV transmission sys- 73.404 Interim hybrid IBOC DAB operation. tems. 73.646 Telecommunications Service on the Subpart D—Noncommercial Educational Vertical Blanking Interval and in the FM Broadcast Stations Visual Signal. 73.653 Operation of TV aural and visual 73.501 Channels available for assignment. transmitters. 73.502 [Reserved] 73.658 Affiliation agreements and network 73.503 Licensing requirements and service. program practices; territorial exclusivity 73.504 Channel assignments in the Mexican in non-network program arrangements. border area. 73.659–73.663 [Reserved] 73.505 Zones. 73.664 Determining operating power. 73.506 Classes of noncommercial edu- 73.665 Use of TV aural baseband subcarriers. cational FM stations and channels. 73.667 TV subsidiary communications serv- 73.507 Minimum distance separations be- ices. tween stations. 73.669 TV stereophonic aural and multiplex 73.508 Standards of good engineering prac- subcarrier operation. tice. 73.670 Commercial limits in children’s pro- 73.509 Prohibited overlap. grams. 73.510 Antenna systems. 73.671 Educational and informational pro- 73.511 Power and antenna height require- gramming for children. ments. 73.672 [Reserved] 73.512 Special procedures applicable to Class 73.673 Public information initiatives regard- D noncommercial educational stations. ing educational and informational pro- 73.513 Noncommercial educational FM sta- gramming for children. tions operating on unreserved channels. 73.681 Definitions. 73.514 Protection from interference. 73.682 TV transmission standards. 73.515 NCE FM transmitter location. 73.683 Field strength contours and presump- 73.525 TV Channel 6 protection. tive determination of field strength at 73.558 Indicating instruments. individual locations. 73.561 Operating schedule; time sharing. 73.684 Prediction of coverage. 73.567 Determining operating power. 73.685 Transmitter location and antenna 73.593 Subsidiary communications services. system. 73.597 FM stereophonic sound broadcasting. 73.686 Field strength measurements. 73.599 NCE-FM engineering charts. 73.687 Transmission system requirements. 73.688 Indicating instruments. Subpart E—Television Broadcast Stations 73.691 Visual modulation monitoring. 73.698 Tables. 73.601 Scope of subpart. 73.699 TV engineering charts. 73.602 Cross reference to rules in other parts. Subpart F—International Broadcast Stations 73.603 Numerical designation of television channels. 73.701 Definitions. 73.606 Table of allotments. 73.702 Assignment and use of frequencies. 73.609 Zones. 73.703 Geographical zones and areas of re- 73.612 Protection from interference. ception. 73.613 Protection of Class A TV stations. 73.712 Equipment tests. 73.614 Power and antenna height require- 73.713 Program tests. ments. 73.731 Licensing requirements.

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73.732 Authorizations. 73.872 Selection procedure for mutually ex- 73.733 Normal license period. clusive LPFM applications. 73.751 Operating power. 73.873 LPFM license period. 73.753 Antenna systems. 73.875 Modification of transmission sys- 73.754 Frequency monitors. tems. 73.755 Modulation monitors. 73.877 Station logs for LPFM stations. 73.756 System specifications for double-side- 73.878 Station inspections by FCC; avail- band (DBS) modulated emissions in the ability to FCC of station logs and HF broadcasting service. records. 73.757 System specifications for single-side- 73.879 Signal retransmission. band (SSB) modulated emissions in the 73.881 Equal employment opportunities. HF broadcasting service. 73.758 System specifications for digitally Subpart H—Rules Applicable to All modulated emissions in the HF broad- Broadcast Stations casting service. 73.759 Auxiliary transmitters. 73.1001 Scope. 73.760 Alternate main transmitters. 73.1010 Cross reference to rules in other 73.761 Modification of transmission sys- parts. tems. 73.1015 Truthful written statements and re- 73.762 Time of operation. sponses to Commission inquiries and cor- 73.765 Determining operating power. respondence. 73.766 [Reserved] 73.1020 Station license period. 73.781 Logs. 73.1030 Notifications concerning inter- 73.782 Retention of logs. ference to radio astronomy, research and 73.787 Station identification. receiving installations. 73.788 Service; commercial or sponsored 73.1120 Station location. programs. 73.1125 Station telephone number. 73.1150 Transferring a station. Subpart G—Low Power FM Broadcast 73.1201 Station identification. Stations (LPFM) 73.1202 [Reserved] 73.1206 Broadcast of telephone conversa- 73.801 Broadcast regulations applicable to tions. LPFM stations. 73.1207 Rebroadcasts. 73.805 Availability of channels. 73.1208 Broadcast of taped, filmed, or re- 73.807 Minimum distance separation be- corded material. tween stations. 73.1209 References to time. 73.808 Distance computations. 73.1210 TV/FM dual-language broadcasting 73.809 Interference protection to full service in Puerto Rico. FM stations. 73.1211 Broadcast of lottery information. 73.810 Third adjacent channel interference. 73.1212 Sponsorship identification; list re- 73.811 LPFM power and antenna height retention; related requirements. quirements. 73.1213 Antenna structure, marking and 73.812 Rounding of power and antenna lighting. heights. 73.1215 Specifications for indicating instru- 73.813 Determination of antenna height ments. above average terrain (HAAT). 73.1216 Licensee-conducted contests. 73.816 Antennas. 73.1217 Broadcast hoaxes. 73.825 Protection to reception of TV chan- 73.1225 Station inspection by FCC. nel 6. 73.1226 Availability to FCC of station logs 73.827 Interference to the input signals of and records. FM translator or FM booster stations. 73.1250 Broadcasting emergency informa- 73.840 Operating power and mode toler- tion. ances. 73.1300 Unattended station operation. 73.845 Transmission system operation. 73.1350 Transmission system operation. 73.850 Operating schedule. 73.1400 Transmission system monitoring 73.853 Licensing requirements and service. and control. 73.854 Unlicensed radio operations. 73.1515 Special field test authorizations. 73.855 Ownership limits. 73.1520 Operation for tests and mainte- 73.858 Attribution of LPFM station inter- nance. ests. 73.1530 Portable test stations [Definition]. 73.860 Cross-ownership. 73.1540 Carrier frequency measurements. 73.865 Assignment and transfer of LPFM li- 73.1545 Carrier frequency departure toler- censes. ances. 73.870 Processing of LPFM broadcast sta- 73.1560 Operating power and mode toler- tion applications. ances. 73.871 Amendment of LPFM broadcast sta- 73.1570 Modulation levels: AM, FM, TV and tion applications. Class A TV aural.

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73.1580 Transmission system inspections. 73.3526 Online public inspection file of com- 73.1590 Equipment performance measure- mercial stations. ments. 73.3527 Online public inspection file of non- 73.1610 Equipment tests. commercial educational stations. 73.1615 Operation during modification of fa- 73.3533 Application for construction permit cilities. or modification of construction permit. 73.1620 Program tests. 73.3534 [Reserved] 73.1635 Special temporary authorizations 73.3536 Application for license to cover con- (STA). struction permit. 73.1650 International agreements. 73.3537 Application for license to use former 73.1660 Acceptability of broadcast transmit- main antenna as an auxiliary. ters. 73.3538 Application to make changes in an 73.1665 Main transmitters. existing station. 73.1670 Auxiliary transmitters. 73.3539 Application for renewal of license. 73.1675 Auxiliary antennas. 73.3540 Application for voluntary assign- 73.1680 Emergency antennas. ment or transfer of control. 73.1690 Modification of transmission sys- 73.3541 Application for involuntary assign- tems. ment of license or transfer of control. 73.1692 [Reserved] 73.3542 Application for emergency author- 73.1695 Changes in transmission standards. ization. 73.1700 Broadcast day. 73.3543 Application for renewal or modifica- 73.1705 Time of operation. tion of special service authorization. 73.1710 Unlimited time. 73.3544 Application to obtain a modified sta- 73.1715 Share time. tion license. 73.1720 Daytime. 73.3545 Application for permit to deliver 73.1725 Limited time. programs to foreign stations. 73.1730 Specified hours. 73.3549 Requests for extension of time to op- 73.1735 AM station operation pre-sunrise erate without required monitors, indi- and post-sunset. cating instruments, and EAS encoders 73.1740 Minimum operating schedule. and decoders. 73.1745 Unauthorized operation. 73.3550 Requests for new or modified call 73.1750 Discontinuance of operation. sign assignments. 73.1800 General requirements related to the 73.3555 Multiple ownership. station log. 73.3556 Duplication of programming on com- 73.1820 Station log. 73.1835 Special technical records. monly owned or time brokered stations. 73.1840 Retention of logs. 73.3561 Staff consideration of applications 73.1870 Chief operators. requiring Commission action. 73.1940 Legally qualified candidates for pub- 73.3562 Staff consideration of applications lic office. not requiring action by the Commission. 73.1941 Equal opportunities. 73.3564 Acceptance of applications. 73.1942 Candidate rates. 73.3566 Defective applications. 73.1943 Political file. 73.3568 Dismissal of applications. 73.1944 Reasonable access. 73.3571 Processing of AM broadcast station 73.2080 Equal employment opportunities applications. (EEO). 73.3572 Processing of TV broadcast, Class A 73.2090 Ban on discrimination in broadcast TV broadcast, low power TV, TV trans- transactions. lators, and TV booster applications. 73.3500 Application and report forms. 73.3573 Processing FM broadcast station ap- 73.3511 Applications required. plications. 73.3512 Where to file; number of copies. 73.3574 Processing of international broad- 73.3513 Signing of applications. cast station applications. 73.3514 Content of applications. 73.3578 Amendments to applications for re- 73.3516 Specification of facilities. newal, assignment or transfer of control. 73.3517 Contingent applications. 73.3580 Local public notice of filing of 73.3518 Inconsistent or conflicting applica- broadcast applications. tions. 73.3584 Procedure for filing petitions to 73.3519 Repetitious applications. deny. 73.3520 Multiple applications. 73.3587 Procedure for filing informal objec- 73.3521 Mutually exclusive applications for tions. low power television, television trans- 73.3588 Dismissal of petitions to deny or lators and television booster stations. withdrawal of informal objections. 73.3522 Amendment of applications. 73.3589 Threats to file petitions to deny or 73.3523 Dismissal of applications in renewal informal objections. proceedings. 73.3591 Grants without hearing. 73.3525 Agreements for removing applica- 73.3592 Conditional grant. tion conflicts. 73.3593 Designation for hearing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(channels 221 through 300) be allotted TABLE 1 TO PARAGRAPH (b)—Continued as reserved only for noncommercial [U.S. States] educational broadcasting by demonstrating the following: Channel No. (i) No reserved channel can be used Tusayan ...... 222C1 without causing prohibited inter- Wickenburg ...... 229C3 ference to TV channel 6 stations or for- ARKANSAS eign broadcast stations; or (ii) The applicant is technically pre- Dermott ...... 224A Heber Springs ...... 270C3 cluded from using the reserved band by Hermitage ...... 300A existing stations or previously filed ap- Rison ...... 255A plications and the proposed station Strong ...... 296C3 would provide a first or second non- CALIFORNIA commercial educational radio service to 2,000 or more people who constitute Alturas ...... 277C Avenal ...... 269A 10% of the population within the pro- Barstow ...... 267A posed allocation’s 60 dBu (1 mV/m) Boonville ...... 300A service contour. Cartago ...... 233A (2) Each channel listed in the Table Cedarville ...... 238A Coalinga ...... 247B1 of Allotments reflects the class of sta- Coalinga ...... 261B tion that is authorized to use it based Cottonwood ...... 221A on the minimum and maximum facility Dos Palos ...... 240A Earlimart ...... 228A requirements for each class contained Essex ...... 280B in § 73.211. Firebaugh ...... 234A Ford City ...... 271A NOTE: The provisions of this paragraph Ft. Bragg ...... 253B1 [(a)(2) of this section] become effective [3 Hemet ...... *273A years from the effective date of the Report Lindsay ...... 277B1 and Order in BC Docket 80–90]. Lake Isabella ...... 239A Ludlow ...... 261B1 (b) Table of FM Allotments. Portola ...... 258A Randsburg ...... 275A Sacramento ...... 300B ABLE TO ARAGRAPH T 1 P (b) Shasta Lake ...... 224A [U.S. States] Sutter Creek ...... *298A Westley ...... *238A Channel No. Wofford Heights ...... 251A

ALABAMA COLORADO

Camden ...... 230A Akron ...... 279C1 Hamilton ...... 221A Battlement Mesa ...... 275C3 Maplesville ...... 292A Calhan ...... 284C3 Thomaston ...... 280C3 Dinosaur ...... 262C1 Waverly ...... 262A Dotsero ...... 261A Dove Creek ...... 229C3 ALASKA Eckley ...... 257C1 Hugo ...... 222A Kotzebue ...... 280A Idalia ...... 231A Yakutat ...... 280A Lake City ...... 247A Olathe ...... *270C2, *293C ARIZONA Stratton ...... 246C1 Walden ...... 226A Aguila ...... 297C2 Bagdad ...... 299C3 CONNECTICUT Desert Hills ...... 292A Ehrenberg ...... 228C2 DELAWARE First Mesa ...... 281C Leupp ...... 293C1 DISTRICT OF COLUMBIA Overgaard ...... 234C1 Parker ...... 257C2 FLORIDA Paulden ...... 228C3 Peach Springs ...... †265A Cross City ...... 249C3 Pima ...... *296A Fort Walton Beach ...... 295A Quartzsite ...... 275C3 Horseshoe Beach ...... *234C3 Rough Rock ...... 258C2 Otter Creek ...... *240A Salome ...... 231A Sells ...... 285A GEORGIA Snowflake ...... 259C2 Somerton ...... *260C3 Maysville ...... 265A

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

Channel No. Channel No.

Pembroke ...... 257C1 Onekama ...... 227C3 Plains ...... 290A Pigeon ...... 267A Tignall ...... 287A MINNESOTA HAWAII Baudette ...... 233C1 Kualapuu ...... 296C2 Grand Marais ...... 245C3 Grand Portage ...... 224C, 274C IDAHO Red Lake ...... 287C1

McCall ...... 280A MISSISSIPPI

ILLINOIS Bruce ...... 233A Cleveland ...... 226C2 Abingdon ...... 291A Drew ...... 237A Cedarville ...... *258A McLain ...... 245A Greenup ...... *230A Mound Bayou ...... 270A Pinckneyville ...... *282A New Albany ...... 268A New Augusta ...... 269A INDIANA Summit ...... 228A

Fowler ...... *291A MISSOURI Madison ...... *265A Terre Haute ...... *298B Bourbon ...... 231A Columbia ...... 252C2 IOWA Eminence ...... 281A Laurie ...... 265C3 Asbury ...... *254A Maryville ...... 285C3 Dunkerton ...... 280A Keosauqua ...... *271C3 MONTANA Rockford ...... 225A Rudd ...... *268A Bozeman ...... *240C3 Cut Bank ...... 265C2 KANSAS Lima ...... 265C2 Valler ...... 289C1 Council Grove ...... *281C3 NEBRASKA KENTUCKY Bayard ...... 251A Irvington ...... 261A Perryville ...... 298A NEVADA

LOUISIANA Caliente ...... 264A Owyhee ...... 247C3 Bastrop ...... 228A Silver Springs ...... 273C Florien ...... 222A Tonopah ...... 224A Golden Meadow ...... *289C2 Haynesville ...... 286A NEW HAMPSHIRE Hornbeck ...... 269A Oil City ...... 285A Enfield ...... 282A Rosepine ...... 281A Groveton ...... 268A Wisner ...... 300C3 Jefferson ...... 247A Stratford ...... 254A MAINE NEW JERSEY MARYLAND NEW MEXICO Newark ...... 235A Animas ...... 279C1 MASSACHUSETTS Chama ...... 241C3 Crownpoint ...... †297A Orange ...... 247A Des Moines ...... 287C Lovington ...... 269C3 West Tisbury ...... *282A Roswell ...... 237C0 Skyline-Ganipa ...... 240A MICHIGAN Tohatchi ...... 268C2 Virden ...... 228C1 Carney ...... 260A Custer ...... 260A NEW YORK Houghton ...... 242C1 Lake Isabella ...... 255A Amherst ...... *221A Lexington ...... *256A Keeseville ...... 231A

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

Channel No. Channel No.

Livingston Manor ...... 296A TEXAS Narrowsburg ...... 275A Rhinebeck ...... *273A Albany ...... 255A Rosendale ...... 255A Annona ...... 263A Sagaponack ...... 233A Asherton ...... 284A Shelter Island ...... 277A Aspermont ...... 226C2 Westfield ...... 265A Austwell ...... 290A Balmorhea ...... 283C NORTH CAROLINA Batesville ...... 250A Benjamin ...... 237C3 Dillsboro ...... *237A Big Lake ...... 246A, 252C2, 281C1, 296C3 NORTH DAKOTA Big Spring ...... 265C3 Bogata ...... 247A Gackle ...... 256C1 Bruni ...... 293A Medina ...... 222C1 Canadian ...... 235C1 Sarles ...... 290C1 Carbon ...... 238A Carrizo Springs ...... 228A, 295A OHIO Centerville ...... 274A Christine ...... 245C3 OKLAHOMA Cotulla ...... 264A, 289A Crosbyton ...... 264C3 Arnett ...... 293C2 Crystal Beach ...... 268A Cheyenne ...... 247C2 Cuney ...... 259A Clayton ...... 262A Dalhart ...... 261C2 Coalgate ...... 242A Dickens ...... 240A, 294A Connerville ...... 247A Dilley ...... 291A Cordell ...... *229A Early ...... 294A Covington ...... 290A Eden ...... 294A Hennessey ...... 249A El Indio ...... 236A Millerton ...... 265C2 Encinal ...... 259A, 286A Savanna ...... 275A Encino ...... 250A, 283A Vici ...... 249A Estelline ...... 263C3 Wayne ...... 266A Fort Stockton ...... 263C Waukomie ...... 292A Freer ...... 288A Wright City ...... 295A Garwood ...... 247A George West ...... 292A OREGON Goldwaithe ...... 297A Goree ...... 277A Altamont ...... 235C1 Groom ...... 223A, 273A Arlington ...... 295C2 Guthrie ...... 252A Boardman ...... 231C3 Hale Center ...... 236C1 Dallas ...... *252C3 Hamlin ...... 283C2 Diamond Lake ...... 251A Harper ...... 256C3 Huntington ...... 228C1 Hawley ...... 269A Manzanita ...... 248C3 Hebbronville ...... 282A Merrill ...... 289A Hereford ...... 278C2 Moro ...... 283C2 Hico ...... 293A Powers ...... 293C2 Iraan ...... 269C2 Prineville ...... 267C1 Jacksonville ...... 236A Vale ...... 288C Jayton ...... 231C2 Waldport ...... 229C2 Junction ...... 277C3, 297A Knox City ...... 293A, 297A PENNSYLVANIA Leakey ...... 257A, 275A, 299A Llano ...... 242C3 Liberty ...... *298A Lockney ...... 271C3 Lometa ...... 253A RHODE ISLAND Longview ...... 300C2 Lovelady ...... 288A SOUTH CAROLINA Marathon ...... 276C1 Marquez ...... 296A SOUTH DAKOTA Mason ...... 281C2, 239C2 Matador ...... 244C2, 276C3 Eagle Butt ...... 228C1 Matagorda ...... 291A Edgemont ...... 289C1 McCamey ...... 233C3, 237C3 McLean ...... 298C3 TENNESSEE Memphis ...... 283A, 292A Menard ...... 265A, 292A ...... Meyersville ...... 261A Englewood ...... 250A Midway ...... 251A Milano ...... 274A

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

Channel No. Channel No.

Moody ...... 256A WEST VIRGINIA Moran ...... 281A Mount Enterprise ...... 279A WISCONSIN Muleshoe ...... 227C1 Mullin ...... 224A, 277A Ashland ...... *275A Munday ...... 270C1 Crandon ...... 276A Newcastle ...... 263A Hayward ...... *232C2 O’Donnell ...... 249A Laona ...... 272C3 New Holstein ...... 258A Olney ...... 282A Tomahawk ...... 265C3 Oakwood ...... 233A Paducah ...... 234C3 WYOMING Paint Rock ...... 296C3 Palacios ...... 264A Albin ...... 282C3 Palacios ...... 259C1 Baggs ...... 277A Pearsall ...... 277A Bairoil ...... 235C3 Port Isabel ...... 288A Basin ...... 299C1 Premont ...... 264C3, 287A Cora ...... 274C2 Presidio ...... 292C1 Dubois ...... 242A Quanah ...... 251C3 Jackson ...... *294C2 Richland Springs ...... 235A, 299A Lusk ...... 242A Rising Star ...... 290C3 Manville ...... 255C1 Roaring Springs ...... 227A, 249C3 Marbleton ...... 257C1 Roby ...... 290A Medicine Bow ...... 259C3 Rocksprings ...... 291A Meeteetse ...... 259C Roscoe ...... 228A Pine Bluffs ...... 287A Rule ...... 253A Rawlins ...... 298C2 San Isidro ...... 255A, 278A Rozet ...... 256C3 Sanderson ...... 274C1, 286C2 Wamsutter ...... 285A Sanger ...... 281C3 Wheatland ...... 286A, 293A Seymour ...... 222C2 Sheffield ...... 224C2 U.S. Territories. Silverton ...... 221A Smiley ...... 280A AMERICAN SAMOA Spur ...... 260C3 CENTRAL MARIANAS Teague ...... 237C3 Trinity ...... 251A GARAPAN Turkey ...... 221C2, 269A Van Alstyne ...... *260A GUAM Wellington ...... 248C3, 253C3 Wells ...... 254A PUERTO RICO Westbrook ...... 272A Zapata ...... 292A VIRGIN ISLANDS

UTAH Charlotte Amalie ...... 237B Charlotte Amalie ...... *275A Huntington ...... 287C3 Milford ...... 288C Paragonah ...... 258A [30 FR 12711, Oct. 6, 1965] Toquerville ...... 281C EDITORIAL NOTES: 1. For FEDERAL REGISTER VERMONT citations affecting § 73.202, see the List of CFR Sections Affected, which appears in the Hardwick ...... 290A Finding Aids section of the printed volume West Rutland ...... 298A and at www.govinfo.gov. 2. At 77 FR 50053, Aug. 20, 2012, § 73.202(b), VIRGINIA the Table of FM Allotments under Cali- Chincoteague ...... 233A fornia, was amended; however, the amendment could not be incorporated due to inac- WASHINGTON curate amendatory instruction.

Coupeville ...... 266A § 73.203 Availability of channels. Dayton ...... 272A Kahlotus ...... 283A (a) Except as provided for in para- Oak Harbor ...... *233A, 277A graph (b) of this section and § 1.401(d) of Raymond ...... 300A Trout Lake ...... 236A this chapter and 73.3573(a)(1), applications may be filed to construct new FM

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broadcast stations only at the commu- and Wisconsin State boundary lines; nities and on the channels contained in thence easterly along the northern the Table of Allotments (§ 73.202(b)). State boundary line of Illinois to the (b) Applications filed on a first come, 90th meridian; thence north along this first served basis for the minor modi- meridian to the 43.5° parallel; thence fication of an existing FM broadcast east along this parallel to the United station may propose any change in States-Canada border; thence southerly channel and/or class and/or community and following that border until it again not defined as major in § 73.3573(a). Ap- intersects the 43.5° parallel; thence east plications for a change in community along this parallel to the 71st meridian; of license must comply with the re- thence in a straight line to the inter- quirements set forth in § 73.3573(g). section of the 69th meridian and the 45th parallel; thence east along the NOTE TO § 73.203: This section is limited to non-reserved band changes in channel and/or 45th parallel to the Atlantic Ocean. class and/or community. Applications re- When any of the above lines pass questing such changes must meet either the through a city, the city shall be consid- minimum spacing requirements of § 73.207 at ered to be located in Zone I. (See Fig- the site specified in the application, without ure 1 of § 73.699.) resort to the provisions of the Commission’s (b) Zone I-A consists of Puerto Rico, rules permitting short spaced stations as set forth in §§ 73.213 through 73.215, or dem- the Virgin Islands and that portion of onstrate by a separate exhibit attached to the State of California which is located the application the existence of a suitable al- south of the 40th parallel. lotment site that fully complies with §§ 73.207 (c) Zone II consists of Alaska, Hawaii and 73.315 without resort to §§ 73.213 through and the rest of the United States which 73.215. is not located in either Zone I or Zone [71 FR 76219, Dec. 20, 2006] I-A.

§ 73.204 International agreements and [29 FR 14116, Oct. 14, 1964, and 31 FR 10125, other restrictions on use of chan- July 27, 1966, as amended at 48 FR 29504, June nels. 27, 1983] See §§ 73.207, 73.220 and 73.1650. § 73.207 Minimum distance separation [49 FR 10264, Mar. 20, 1984] between stations. (a) Except for assignments made pur- § 73.205 Zones. suant to § 73.213 or 73.215, FM allot- For the purpose of allotments and as- ments and assignments must be sepa- signments, the United States is divided rated from other allotments and as- into three zones as follows: signments on the same channel (co- (a) Zone I consists of that portion of channel) and five pairs of adjacent the United States located within the channels by not less than the minimum confines of the following lines drawn distances specified in paragraphs (b) on the United States Albers Equal Area and (c) of this section. The Commission Projection Map (based on standard par- will not accept petitions to amend the allels 291/2° and 451/2°; North American Table of Allotments unless the ref- datum): Beginning at the most easterly erence points meet all of the minimum point on the State boundary line be- distance separation requirements of tween North Carolina and Virginia; this section. The Commission will not thence in a straight line to a point on accept applications for new stations, or the Virginia-West Virginia boundary applications to change the channel or line located at north latitude 37°49′ and location of existing assignments unless west longitude 80°12′30″; thence west- transmitter sites meet the minimum erly along the southern boundary lines distance separation requirements of of the States of West Virginia, Ohio, this section, or such applications con- Indiana, and Illinois to a point at the form to the requirements of § 73.213 or junction of the Illinois, Kentucky, and 73.215. However, applications to modify Missouri State boundary lines; thence the facilities of stations with short- northerly along the western boundary spaced antenna locations authorized line of the State of Illinois to a point pursuant to prior waivers of the dis- at the junction of the Illinois, Iowa, tance separation requirements may be

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accepted, provided that such applica- TABLE A—MINIMUM DISTANCE SEPARATION RE- tions propose to maintain or improve QUIREMENTS IN KILOMETERS (MILES)—Contin- that particular spacing deficiency. ued Class D (secondary) assignments are 10.6/ subject only to the distance separation Relation Co- 200 kHz 400/600 10.8 requirements contained in paragraph channel kHz MHz (b)(3) of this section. (See § 73.512 for B to C3 ...... 211 145 (90) 71 (44) 17 (11) rules governing the channel and loca- (131) tion of Class D (secondary) assign- B to C2 ...... 241 169 74 (46) 20 (12) ments.) (150) (105) (b) The distances listed in Tables A, B to C1 ...... 270 195 79 (49) 27 (17) B, and C apply to allotments and as- (168) (121) B to C0 ...... 272 214 89 (55) 31 (19) signments on the same channel and (169) (133) each of five pairs of adjacent channels. B to C ...... 274 217 105 (65) 35 (22) The five pairs of adjacent channels are (170) (135) the first (200 kHz above and 200 kHz C3 to C3 ...... 153 (95) 99 (62) 43 (27) 14 (9) C3 to C2 ...... 177 117 (73) 56 (35) 17 (11) below the channel under consider- (110) ation), the second (400 kHz above and C3 to C1 ...... 211 144 (90) 76 (47) 24 (15) below), the third (600 kHz above and (131) below), the fifty-third (10.6 MHz above C3 to C0 ...... 226 163 87 (54) 27 (17) and below), and the fifty-fourth (10.8 (140) (101) C3 to C ...... 237 176 96 (60) 31 (19) MHz above and below). The distances in (147) (109) the Tables apply regardless of whether C2 to C2 ...... 190 130 (81) 58 (36) 20 (12) the proposed station class appears first (118) or second in the ‘‘Relation’’ column of C2 to C1 ...... 224 158 (98) 79 (49) 27 (17) the table. (139) C2 to C0 ...... 239 176 89 (55) 31 (19) (1) Domestic allotments and assign- (148) (109) ments must be separated from each C2 to C ...... 249 188 105 (65) 35 (22) other by not less than the distances in (155) (117) Table A which follows: C1 to C1 ...... 245 177 82 (51) 34 (21) (152) (110) C1 to C0 ...... 259 196 94 (58) 37 (23) TABLE A—MINIMUM DISTANCE SEPARATION (161) (122) REQUIREMENTS IN KILOMETERS (MILES) C1 to C ...... 270 209 105 (65) 41 (25) (168) (130) 10.6/ C0 to C0 ...... 270 207 96 (60) 41 (25) Relation Co- 200 kHz 400/600 10.8 channel kHz MHz (168) (129) C0 to C ...... 281 220 105 (65) 45 (28) A to A ...... 115 (71) 72 (45) 31 (19) 10 (6) (175) (137) A to B1 ...... 143 (89) 96 (60) 48 (30) 12 (7) C to C ...... 290 241 105 (65) 48 (30) A to B ...... 178 113 (70) 69 (43) 15 (9) (180) (150) (111) A to C3 ...... 142 (88) 89 (55) 42 (26) 12 (7) (2) Under the Canada-United States A to C2 ...... 166 106 (66) 55 (34) 15 (9) (103) FM Broadcasting Agreement, domestic A to C1 ...... 200 133 (83) 75 (47) 22 (14) U.S. allotments and assignments with- (124) in 320 kilometers (199 miles) of the A to C0 ...... 215 152 (94) 86 (53) 25 (16) (134) common border must be separated from A to C ...... 226 165 95 (59) 29 (18) Canadian allotments and assignments (140) (103) B1 to B1 ...... 175 114 (71) 50 (31) 14 (9) by not less than the distances given in (109) Table B, which follows. When applying B1 to B ...... 211 145 (90) 71 (44) 17 (11) Table B, U.S. Class C2 allotments and (131) B1 to C3 ...... 175 114 (71) 50 (31) 14 (9) assignments are considered to be Class (109) B; also, U.S. Class C3 allotments and B1 to C2 ...... 200 134 (83) 56 (35) 17 (11) assignments and U.S. Class A assign- (124) B1 to C1 ...... 233 161 77 (48) 24 (15) ments operating with more than 3 kW (145) (100) ERP and 100 meters antenna HAAT (or B1 to C0 ...... 248 180 87 (54) 27 (17) equivalent lower ERP and higher an- (154) (112) B1 to C ...... 259 193 105 (65) 31 (19) tenna HAAT based on a class contour (161) (120) distance of 24 km) are considered to be B to B ...... 241 169 74 (46) 20 (12) Class B1. (150) (105)

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

Co- Adjacent Channels I.F. 400 kHz 10.6 or Channel Co-Chan- Rela- Relation nel 200 kHz or 600 10.8 MHz tion 10.6/ kHz (I.F.) 0 kHz 200 kHz 400 kHz 600 kHz 10.8 MHz A to B1 ...... 138 88 48 11 A to B ...... 163 105 65 14 A-A .. 132 85 45 37 8 A to C1 ...... 196 129 74 21 A-B1 180 113 62 54 16 A to C ...... 210 161 94 28 A-B .. 206 132 76 69 16 A-C1 239 164 98 90 32 AA to AA .... 115 72 31 10 A-C .. 242 177 108 100 32 AA to B1 .... 143 96 48 12 B1-B1 197 131 70 57 24 AA to B ...... 178 125 69 15 B1-B 223 149 84 71 24 AA to C1 .... 200 133 75 22 B1-C1 256 181 106 92 40 AA to C ...... 226 165 95 29 B1-C 259 195 116 103 40 B1 to B1 .... 175 114 50 14 B-B .. 237 164 94 74 24 B1 to B ...... 211 145 71 17 ...... B1 to C1 .... 233 161 77 24 B-C1 271 195 115 95 40 B1 to C ...... 259 193 96 31 B-C .. 274 209 125 106 40 B to B ...... 237 164 65 20 C1- B to C1 ...... 270 195 79 27 C1 292 217 134 101 48 B to C ...... 270 215 98 35 C1-C 302 230 144 111 48 C1 to C1 .... 245 177 82 34 C-C .. 306 241 153 113 48 C1 to C ...... 270 209 102 41 C to C ...... 290 228 105 48 (3) Under the 1992 Mexico-United States FM Broadcasting Agreement, (c) The distances listed below apply domestic U.S. assignments or allot- only to allotments and assignments on ments within 320 kilometers (199 miles) Channel 253 (98.5 MHz). The Commis- of the common border must be sepa- sion will not accept petitions to amend rated from Mexican assignments or al- the Table of Allotments, applications lotments by not less than the distances for new stations, or applications to given in Table C in this paragraph change the channel or location of exist- (b)(3). When applying Table C— ing assignments where the following (i) U.S. or Mexican assignments or al- minimum distances (between trans- lotments which have been notified mitter sites, in kilometers) from any internationally as Class A are limited TV Channel 6 allotment or assignment to a maximum of 3.0 kW ERP at 100 are not met: meters HAAT, or the equivalent; (ii) U.S. or Mexican assignments or MINIMUM DISTANCE SEPARATION FROM TV allotments which have been notified CHANNEL 6 (82–88 MHZ) internationally as Class AA are limited TV Zones II to a maximum of 6.0 kW ERP at 100 FM Class TV Zone I & III meters HAAT, or the equivalent; (iii) U.S. Class C3 assignments or al- A ...... 17 22 B1 ...... 19 23 lotments are considered Class B1; B ...... 22 26 (iv) U.S. Class C2 assignments or al- C3 ...... 19 23 lotments are considered Class B; and C2 ...... 22 26 (v) Class C1 assignments or allot- C1 ...... 29 33 C ...... 36 41 ments assume maximum facilities of 100 kW ERP at 300 meters HAAT. How- ever, U.S. Class C1 stations may not, in [48 FR 29504, June 27, 1983, as amended at 49 any event, exceed the domestic U.S. FR 10264, Mar. 20, 1984; 49 FR 19670, May 9, 1984; 49 FR 50047, Dec. 26, 1984; 51 FR 26250, limit of 100 kW ERP at 299 meters July 22, 1986; 54 FR 14963, Apr. 14, 1989; 54 FR HAAT, or the equivalent. 16366, Apr. 24, 1989; 54 FR 19374, May 5, 1989; 54 FR 35338, Aug. 25, 1989; 56 FR 27426, June TABLE C—MINIMUM DISTANCE SEPARATION 14, 1991; 56 FR 57293, Nov. 8, 1991; 62 FR 50256, REQUIREMENTS IN KILOMETERS Sept. 25, 1997; 65 FR 79776, Dec. 20, 2000]

400 kHz 10.6 or Relation Co-Chan- 200 kHz or 600 10.8 MHz § 73.208 Reference points and distance nel kHz (I.F.) computations.

A to A ...... 100 61 25 8 (a)(1) The following reference points A to AA ...... 111 68 31 9 must be used to determine distance

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separation requirements when petition is amended so as to create a con- tions to amend the Table of Allotments flict with a petition for rule making (§ 73.202(b)) are considered: filed prior to the date the amendment (i) First, transmitter sites if author- is filed, the amended application will ized, or if proposed in applications with be treated as if filed on the date of the cut-off protection pursuant to para- amendment for purposes of this paragraph (a)(3) of this section; graph (a)(3). (ii) Second, reference coordinates designated by the FCC; NOTE: If the filing of a conflicting FM application renders an otherwise timely filed (iii) Third, coordinates listed in the counterproposal unacceptable, the counter- United States Department of Interior proposal may be considered in the rule- publication entitled Index to the Na- making proceeding if it is amended to pro- tional Atlas of the United States of tect the site of the previously filed FM appli- America; or cation within 15 days after being placed on (iv) Last, coordinates of the main the Public Notice routinely issued by the post office. staff concerning the filing of counter- (The community’s reference points proposals. No proposals involving commu- for which the petition is submitted will nities not already included in the proceeding can be introduced during the reply comment normally be the coordinates listed in period as a method of resolving conflicts. the above publication.) The counterproponent is required to make a (2) When the distance between com- showing that, at the time it filed the coun- munities is calculated using commu- terproposal, it did not know, and could not nity reference points and it does not have known by exercising due diligence, of meet the minimum separation require- the pendency of the conflicting FM applica- ments of § 73.207, the channel may still tion. be allotted if a transmitter site is (b) Station separations in licensing available that would meet the min- proceedings shall be determined by the imum separation requirements and distance between the coordinates of the still permit the proposed station to proposed transmitter site in one com- meet the minimum field strength re- munity and quirements of § 73.315. A showing indi- (1) The coordinates of an authorized cating the availability of a suitable transmitter site for the pertinent chan- site should be sumitted with the peti- nel in the other community; or, where tion. In cases where a station is not au- such transmitter site is not available thorized in a community or commu- for use as a reference point, nities and the proposed channel cannot meet the separation requirement a (2) Reference coordinates designated showing should also be made indicating by the FCC; or, if none are designated, adequate distance between suitable (3) The coordinates of the other com- transmitter sites for all communities. munity as listed in the publication list- (3) Petitions to amend the Table of ed in paragraph (a) of this section; or, Allotments that do not meet minimum if not contained therein, distance separation requirements to (4) The coordinates of the main post transmitter sites specified in pending office of such other community. applications will not be considered un- (5) In addition, where there are pend- less they are filed no later than: ing applications in other communities (i) The last day of a filing window if which, if granted, would have to be the application is for a new FM facility considered in determining station sepa- or a major change in the non-reserved rations, the coordinates of the trans- band and is filed during a filing window mitter sites proposed in such applica- established under section 73.3564(d)(3); tions must be used to determine wheth- or er the requirements with respect to (ii) The cut-off date established in a minimum separations between the pro- Commission Public Notice under posed stations in the respective cities § 73.3564(d) and 73.3573(e) if the applica- have been met. tion is for a new FM facility or a major (c) The method given in this para- change in the reserved band; or graph shall be used to compute the dis- (iii) The date of receipt of all other tance between two reference points, ex- types of FM applications. If an applica- cept that, for computation of distance

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involving stations in Canada and Mex- (iv) KPDlat = the number of kilo- ico, the method for distance computa- meters per degree of latitude at a given tion specified in the applicable inter- middle latitude. national agreement shall be used in- (v) KPDlon = the number of kilo- stead. The method set forth in this meters per degree of longitude at a paragraph is valid only for distances given middle latitude. not exceeding 475 km (295 miles). (vi) NS = the North-South distance in (1) Convert the latitudes and lon- kilometers. gitudes of each reference point from (vii) EW = the East-West distance in degree-minute-second format to de- kilometers. gree-decimal format by dividing min- (viii) DIST = the distance between utes by 60 and seconds by 3600, then the two reference points, in kilometers. adding the results to degrees. [28 FR 13623, Dec. 14, 1963, as amended at 29 (2) Calculate the middle latitude be- FR 14116, Oct. 14, 1964; 48 FR 29505, June 27, tween the two reference points by aver- 1983; 52 FR 37788, Oct. 9, 1987; 52 FR 39920, aging the two latitudes as follows: Oct. 26, 1987; 54 FR 9806, Mar. 8, 1989; 57 FR 36020, Aug. 12, 1992; 58 FR 38537, July 19, 1993] ML = (LAT1dd + LAT2dd) ÷ 2 § 73.209 Protection from interference. (3) Calculate the number of kilometers per degree latitude difference (a) Permittees and licensees of FM for the middle latitude calculated in broadcast stations are not protected paragraph (c)(2) as follows: from any interference which may be caused by the grant of a new station, or ¥ KPDlat = 111.13209 0.56605 cos(2ML) + of authority to modify the facilities of 0.00120 cos(4ML) an existing station, in accordance with (4) Calculate the number of kilo- the provisions of this subpart. How- meters per degree longitude difference ever, they are protected from inter- for the middle latitude calculated in ference caused by Class D (secondary) paragraph (c)(2) as follows: noncommercial educational FM stations. See § 73.509. ¥ KPDlon = 111.41513 cos(ML) 0.09455 (b) The nature and extent of the pro- cos(3ML) + 0.00012 cos(5ML) tection from interference afforded FM (5) Calculate the North-South dis- broadcast stations operating on Chan- tance in kilometers as follows: nels 221–300 is limited to that which results when assignments are made in ac- ¥ NS = KPDlat(LAT1dd LAT2dd) cordance with the rules in this subpart. (6) Calculate the East-West distance (c) Permittees and licensees of FM in kilometers as follows: stations are not protected from interference which may be caused by the ¥ EW = KPDlon(LON1dd LON2dd) grant of a new LPFM station or of au- (7) Calculate the distance between thority to modify an existing LPFM the two reference points by taking the station, except as provided in subpart square root of the sum of the squares of G of this part. the East-West and North-South dis- [43 FR 39715, Sept. 6, 1978 and 48 FR 29505, tances as follows: June 27, 1983; 54 FR 9802, Mar. 8, 1989; 65 FR 7640, Feb. 15, 2000; 65 FR 67299, Nov. 9, 2000] DIST = (NS2 + EW2)0.5 (8) Round the distance to the nearest § 73.210 Station classes. kilometer. (a) The rules applicable to a par- (9) Terms used in this section are de- ticular station, including minimum fined as follows: and maximum facilities requirements, (i) LAT1dd and LON1dd = the coordi- are determined by its class. Possible nates of the first reference point in de- class designations depend upon the gree-decimal format. zone in which the station’s transmitter (ii) LAT2dd and LON2dd = the coordi- is located, or proposed to be located. nates of the second reference point in The zones are defined in § 73.205. Allot- degree-decimal format. ted station classes are indicated in the (iii) ML = the middle latitude in de- Table of Allotments, § 73.202. Class A, gree-decimal format. B1 and B stations may be authorized in

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

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(i) The reference distance of a station cilities in excess of those specified in is obtained by finding the predicted paragraph (b) of this section may not distance to the 1mV/m contour using increase their effective radiated powers Figure 1 of § 73.333 and then rounding to or extend their 1 mV/m field strength the nearest kilometer. Antenna HAAT contour beyond the location permitted is determined using the procedure in by their present authorizations. The § 73.313. If the HAAT so determined is provisions of this section will not apply less than 30 meters (100 feet), a HAAT to applications to increase facilities for of 30 meters must be used when finding those stations operating with less than the predicted distance to the 1 mV/m the minimum power specified in para- contour. graph (a) of this section. (ii) If a station’s ERP is equal to the (d) Existing Class C stations below min- maximum for its class, its antenna imum antenna HAAT. Class C stations HAAT must not exceed the reference authorized prior to January 19, 2001 HAAT, regardless of the reference dis- that do not meet the minimum an- tance. For example, a Class A station tenna HAAT specified in paragraph operating with 6 kW ERP may have an (a)(2) of this section for Class C sta- antenna HAAT of 100 meters, but not tions may continue to operate as au- 101 meters, even though the reference thorized subject to the reclassification distance is 28 km in both cases. procedures set forth in Note 4 to (iii) Except as provided in paragraph § 73.3573. (b)(3) of this section, no station will be [53 FR 17042, May 13, 1988, as amended at 54 authorized in Zone I or I-A with an FR 16367, Apr. 24, 1989; 54 FR 19374, May 5, ERP equal to 50 kW and a HAAT ex- 1989; 54 FR 35339, Aug. 25, 1989; 65 FR 79777, ceeding 150 meters. No station will be Dec. 20, 2000] authorized in Zone II with an ERP equal to 100 kW and a HAAT exceeding § 73.212 Administrative changes in au- 600 meters. thorizations. (2) If a station has an antenna HAAT (a) In the issuance of FM broadcast greater than the reference HAAT for station authorizations, the Commis- its class, its ERP must be lower than sion will specify the transmitter out- the class maximum such that the ref- put power and effective radiated power erence distance does not exceed the in accordance with the following tab- class contour distance. If the antenna ulation: HAAT is so great that the station’s ERP must be lower than the minimum Rounded out to ERP for its class (specified in para- Power (watts or kW) nearest fig- graphs (a)(1) and (a)(3) of this section), ure (watts or kW) that lower ERP will become the minimum for that station. 1 to 3 ...... 05 (3) For stations located in Puerto 3 to 10 ...... 1 10 to 30 ...... 5 Rico or the Virgin Islands, the max- 30 to 100 ...... 1 imum ERP in any direction, reference 100 to 300 ...... 5 HAAT, and distance to the class con- 300 to 1,000 ...... 10 tour for each FM station class are listed below: (b) Antenna heights above average terrain will be rounded out to the near- Class est meter. Station Reference contour Maximum ERP HAAT in distance [28 FR 13623, Dec. 14, 1963, as amended at 48 class meters (ft.) in kilometers FR 29506, June 27, 1983] A ...... 6kW (7.8 dBk) ...... 240 (787) 42 § 73.213 Grandfathered short-spaced B1 ...... 25kW (14.0 dBk) ...... 150 (492) 46 stations. B ...... 50kW (17.0 dBk) ...... 472 (1549) 78 (a) Stations at locations authorized (c) Existing stations. Stations author- prior to November 16, 1964, that did not ized prior to March 1, 1984 that do not meet the separation distances required conform to the requirements of this by § 73.207 and have remained continu- section may continue to operate as au- ously short-spaced since that time may thorized. Stations operating with fa- be modified or relocated with respect

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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 (service) field strength. The F(50,10) aural service remaining. For the pur- curves in Figure 1a of § 73.333 are to be pose of this section, adequate service is used in conjunction with the proposed defined as 5 or more aural services (AM effective radiated power and antenna or FM). height above average terrain, as cal- (3) For co-channel and first-adjacent- culated pursuant to § 73.313(c), (d)(2) channel stations, a copy of any applica- and (d)(3), using data for as many tion proposing interference caused in radials as necessary, to determine the any areas where interference is not location of the undesired (interfering) currently caused must be served upon field strength. Predicted interference is the licensee(s) of the affected short- defined to exist only for locations spaced station(s). where the desired (service) field (4) For stations covered by this para- strength exceeds 0.5 mV/m (54 dBu) for graph (a), there are no distance separa- a Class B station, 0.7 mV/m (57 dBu) for tion or interference protection require- a Class B1 station, and 1 mV/m (60 dBu) ments with respect to second-adjacent for any other class of station. and third-adjacent channel short- (i) Co-channel interference is pre- spacings that have existed continu- dicted to exist, for the purpose of this ously since November 16, 1964. section, at all locations where the (b) Stations at locations authorized undesired (interfering station) F(50,10) prior to May 17, 1989, that did not meet field strength exceeds a value 20 dB the IF separation distances required by below the desired (service) F(50,50) field § 73.207 and have remained short-spaced strength of the station being consid- since that time may be modified or re- ered (e.g., where the protected field located provided that the overlap area strength is 60 dBu, the interfering field of the two stations’ 36 mV/m field strength must be 40 dBu or more for strength contours is not increased. predicted interference to exist). (c) Short spacings involving at least (ii) First-adjacent channel inter- one Class A allotment or authoriza- ference is predicted to exist, for the tion. Stations that became short purpose of this section, at all locations spaced on or after November 16, 1964 where the undesired (interfering sta- (including stations that do not meet tion) F(50,10) field strength exceeds a the minimum distance separation re- value 6 dB below the desired (service) quirements of paragraph (c)(1) of this F(50,50) field strength of the station section and that propose to maintain being considered (e.g., where the pro- or increase their existing distance sep- tected field strength is 60 dBu, the arations) may be modified or relocated interfering field strength must be 54 in accordance with paragraph (c)(1) or dBu or more for predicted interference (c)(2) of this section, except that this to exist). provision does not apply to stations

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that became short spaced by grant of the minimum distance separation re- applications filed after October 1, 1989, quirements in this paragraph. Each ap- or filed pursuant to § 73.215. If the ref- plication for authority to operate a erence coordinates of an allotment are Class A station with more than 3000 short spaced to an authorized facility watts ERP (up to a maximum of 5800 or another allotment (as a result of the watts), but with an antenna HAAT revision of § 73.207 in the Second Report lower than 100 meters such that the and Order in MM Docket No. 88–375), an distance to the predicted 0.05 mV/m (34 application for the allotment may be dBμV/m) F(50,10) field strength contour authorized, and subsequently modified does not exceed 98 km must specify a after grant, in accordance with para- transmitter site that meets the min- graph (c)(1) or (c)(2) of this section only imum distance separation require- with respect to such short spacing. No ments in this paragraph. Each applica- other stations will be authorized pursu- tion for authority to operate an FM ant to these paragraphs. station of any class other than Class A (1) Applications for authorization under must specify a transmitter site that requirements equivalent to those of prior meets the minimum distance separa- rules. Each application for authority to tion requirements in this paragraph operate a Class A station with no more with respect to Class A stations oper- than 3000 watts ERP and 100 meters an- ating pursuant to this paragraph or tenna HAAT (or equivalent lower ERP paragraph (c)(2) of this section, and and higher antenna HAAT based on a that meets the minimum distance sep- class contour distance of 24 km) must aration requirements of § 73.207 with re- specify a transmitter site that meets spect to all other stations.

MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS (MILES)

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

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

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

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That, such applications propose con- tively. For all other stations, the tour protection, as defined in para- F(50,50) field strength along the pro- graph (a) of this section, with all short- tected contour is 1.0 mV/m (60 dBμ). spaced assignments, applications and (2) The interfering contours, for the allotments, and meet the other appli- purpose of this section, are defined as cable requirements of this section. follows. For co-channel stations, the Each application to be processed pursu- F(50,10) field strength along the inter- ant to this section must specifically re- fering contour is 20 dB lower than the quest such processing on its face, and F(50,50) field strength along the pro- must include the necessary exhibit to tected contour for which overlap is pro- demonstrate that the requisite contour hibited. For first adjacent channel sta- protection will be provided. Such appli- tions (±200 kHz), the F(50,10) field cations may be granted when the Com- strength along the interfering contour mission determines that such action is 6 dB lower than the F(50,50) field would serve the public interest, con- strength along the protected contour venience, and necessity. for which overlap is prohibited. For (a) Contour protection. Contour pro- both second and third adjacent channel tection, for the purpose of this section, stations (±400 kHz and ±600 kHz), the means that on the same channel and on F(50,10) field strength along the inter- the first, second and third adjacent fering contour is 40 dB higher than the channels, the predicted interfering con- F(50,50) field strength along the pro- tours of the proposed station do not overlap the predicted protected con- tected contour for which overlap is pro- tours of other short-spaced assign- hibited. ments, applications and allotments, (3) The locations of the protected and and the predicted interfering contours interfering contours of the proposed of other short-spaced assignments, ap- station and the other short-spaced as- plications and allotments do not over- signments, applications and allotments lap the predicted protected contour of must be determined in accordance with the proposed station. the procedures of paragraphs (c), (d)(2) (1) The protected contours, for the and (d)(3) of § 73.313, using data for as purpose of this section, are defined as many radials as necessary to accu- follows. For all Class B and B1 stations rately locate the contours. on Channels 221 through 300 inclusive, (4) Protected and interfering con- the F(50,50) field strengths along the tours (in dBu) for stations in Puerto protected contours are 0.5 mV/m (54 Rico and the U.S. Virgin Islands are as dBμ) and 0.7 mV/m (57 dBμ), respec- follows:

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

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

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(b) Applicants requesting short- employed, contours are based on the spaced assignments pursuant to this use of the authorized ERP in the direc- 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 restric- NOTE TO PARAGRAPH (b): Applicants are tions that may apply (e.g. zoning laws, 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

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of any assignment, application or allot- § 73.220 Restrictions on use of chan- ment for which the minimum distance nels. separation requirements of § 73.207 are (a) The frequency 89.1 MHz (channel met, and may, in the directions of 206) is revised in the New York City those assignments, applications and al- metropolitan area for the use of the lotments, employ the maximum ERP permitted by § 73.211 for the standard United Nations with the equivalent of eight-radial antenna HAAT employed. an antenna height of 150 meters (492 (d) Stations authorized pursuant to feet) above average terrain and effec- this section may be subsequently au- tive radiated power of 20 kWs, and the thorized on the basis of compliance FCC will make no assignments which with the domestic minimum separation would cause objectionable interference distance requirements of § 73.207, upon with such use. filing of an FCC Form 301 or FCC Form (b) [Reserved] 340 (as appropriate) requesting a modi- [43 FR 45845, Oct. 4, 1978, as amended at 46 FR fication of authorization. 50376, Oct. 13, 1981, 47 FR 30068, July 12, 1982; (e) The Commission will not accept 48 FR 29507, June 27, 1983; 70 FR 46676, Aug. applications that specify a short- 10, 2005] spaced antenna location for which the following minimum distance separa- § 73.232 Territorial exclusivity. tion requirements, in kilometers No licensee of an FM broadcast sta- (miles), are not met: tion shall have any arrangement with a network organization which prevents Relation Co-Chan- 200 kHz 400/600 nel kHz or hinders another station serving sub- A to A ...... 92 (57) 49 (30) 25 (16) stantially the same area from broad- A to B1 ...... 119 (74) 72 (45) 42 (26) casting the network’s programs not A to B ...... 143 (89) 96 (60) 63 (39) taken by the former station, or which A to C3 ...... 119 (74) 72 (45) 36 (22) A to C2 ...... 143 (89) 89 (55) 49 (30) prevents or hinders another station A to C1 ...... 178 (111) 111 (69) 69 (43) serving a substantially different area A to C0 ...... 193 (120) 130 (81) 80 (50) from broadcasting any program of the A to C ...... 203 (126) 142 (88) 89 (55) B1 to B1 ...... 143 (89) 96 (60) 44 (27) network organization: Provided, how- B1 to B ...... 178 (111) 114 (71) 65 (40) ever, That this section does not pro- B1 to C3 ...... 143 (89) 96 (60) 44 (27) hibit arrangements under which the B1 to C2 ...... 175 (109) 114 (71) 50 (31) station is granted first call within its B1 to C1 ...... 200 (124) 134 (83) 71 (44) B1 to C0 ...... 0215 (134) 153 (95) 81 (50) primary service area upon the net- B1 to C ...... 233 (145) 165 (103) 99 (61) work’s programs. The term ‘‘network B to B ...... 211 (131) 145 (90) 68 (42) organization’’ means any organization B to C3 ...... 178 (111) 114 (70) 65 (40) B to C2 ...... 211 (131) 145 (90) 68 (42) originating program material, with or B to C1 ...... 241 (150) 169 (105) 73 (45) without commercial messages, and fur- B to C0 ...... 266 (165) 195 (121) 83 (52) nishing the same to stations inter- B to C ...... 268 (163) 195 (121) 99 (61) connected so as to permit simultaneous C3 to C3 ...... 142 (88) 89 (55) 37 (23) C3 to C2 ...... 166 (103) 106 (66) 50 (31) broadcast by all or some of them. How- C3 to C1 ...... 200 (124) 133 (83) 70 (43) ever, arrangements involving only sta- C3to C0 ...... 215 (134) 152 (94) 81 (50) tions under common ownership, or only C3 to C ...... 226 (140) 165 (103) 90 (56) C2 to C2 ...... 177 (110) 117 (73) 52 (32) the rebroadcast by one station of pro- C2 to C1 ...... 211 (131) 144 (90) 73 (45) gramming from another with no com- C2 to C0 ...... 227 (141) 163 (101) 83 (52) pensation other than a lump-sum pay- C2 to C ...... 237 (147) 176 (109) 96 (61) C1 to C1 ...... 224 (139) 158 (98) 76 (47) ment by the station rebroadcasting, C1 to C0 ...... 239 (148) 176 (109) 88 (55) are not considered arrangements with C1 to C ...... 249 (155) 188 (117) 99 (61) a network organization. The term ‘‘ar- C0 to C0 ...... 259 (161) 196 (122) 90 (56) C0 to C ...... 270 (168) 207 (129 99 (61) rangement‘‘ means any contract, ar- C to C ...... 270 (168) 209 (130) 99 (61) rangement or understanding, express or implied. [54 FR 9802, Mar. 8, 1989, as amended at 54 FR [42 FR 16422, Mar. 28, 1977, as amended at 57 35340, Aug. 25, 1989; 56 FR 57294, Nov. 8, 1991; FR 48333, Oct. 23, 1992] 57 FR 46325, Oct. 8, 1992; 65 FR 79777, Dec. 20, 2000; 66 FR 8149, Jan. 29, 2001]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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and digital signals; or may employ sep- with radiation from other sources, arate analog and digital antennas. cause RF power density or field Where separate antennas are used, the strength in an accessible area to exceed digital antenna: the applicable limits specified in (1) Must be a licensed auxiliary an- § 1.1310 of this chapter. tenna of the station; (2) Must be located within 3 seconds [72 FR 45692, Aug. 15, 2007, as amended at 75 latitude and longitude from the analog FR 17877, Apr. 8, 2010; 85 FR 18151, Apr. 1, antenna; 2020] (3) Must have a radiation center height above average terrain between Subpart D—Noncommercial 70 and 100 percent of the height above Educational FM Broadcast Stations average terrain of the analog antenna. (e) Licensees must provide notifica- SOURCE: 28 FR 13651, Dec. 14, 1963, unless tion to the Commission in Washington, otherwise noted. Redesignated at 72 FR 45692, DC, within 10 days of commencing Aug. 15, 2007. IBOC digital operation. The notification must include the following infor- § 73.501 Channels available for assign- mation: ment. (1) Call sign and facility identifica- (a) The following frequencies, except tion number of the station; as provided in paragraph (b) of this sec- (2) Date on which IBOC operation tion, are available for noncommercial commenced; (3) Certification that the IBOC DAB educational FM broadcasting: facilities conform to permissible hy- Channel brid specifications; Frequency (MHz) No. (4) Name and telephone number of a 1 technical representative the Commis- 87.9 ...... 200 88.1 ...... 201 sion can call in the event of inter- 88.3 ...... 202 ference; 88.5 ...... 203 (5) FM digital effective radiated 88.7 ...... 204 power used and certification that the 88.9 ...... 205 FM analog effective radiated power re- 89.1 ...... 2 206 mains as authorized; 89.3 ...... 207 89.5 ...... 208 (6) Transmitter power output; if sepa- 89.7 ...... 209 rate analog and digital transmitters 89.9 ...... 210 are used, the power output for each 90.1 ...... 211 transmitter; 90.3 ...... 212 (7) If applicable, any reduction in an 90.5 ...... 213 AM station’s primary digital carriers; 90.7 ...... 214 (8) If applicable, the geographic co- 90.9 ...... 215 91.1 ...... 216 ordinates, elevation data, and license 91.3 ...... 217 file number of the auxiliary antenna 91.5 ...... 218 employed by an FM station as a sepa- 91.7 ...... 219 rate digital antenna; 91.9 ...... 220 (9) If applicable, for FM systems em- 1 The frequency 87.9 MHz, Channel 200, is available only ploying interleaved antenna bays, a for use of existing Class D stations required to change frequency. It is available only on a noninterference basis with recertification that adequate filtering spect to TV Channel 6 stations and adjacent channel non- and/or isolation equipment has been in- commercial educational FM stations. It is not available at all within 402 kilometers (250 miles) of Canada and 320 kilo- stalled to prevent spurious emissions meters (199 miles) of Mexico. The specific standards gov- in excess of the limits specified in erning its use are contained in § 73.512. 2 The frequency 89.1 MHz, Channel 206, in the New York § 73.317; City metropolitan area, is reserved for the use of the United (10) Licensees and permittees shall Nations with the equivalent of an antenna height of 150 meters (492 feet) above average terrain and effective radiated ensure compliance with the Commis- power of 20 kW and the Commission will make no assign- sion’s radio frequency exposure re- ments which would cause objectionable interference with such quirements in § 1.1307(b) of this chapter. use. An Environmental Assessment may be (b) In Alaska, FM broadcast stations required if RF radiation from the pro- operating on Channels 200–220 (87.9–91.9 posed facilities would, in combination

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

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

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

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

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in Zone II may continue to operate as (b) At any time before the require- authorized. ments of paragraph (a) become effec- [50 FR 27963, July 9, 1985, as amended at 50 tive, any existing Class D station may FR 31379, Aug. 2, 1985; 54 FR 3602, Jan. 25, file a construction permit application 1989] on FCC Form 340 to change channel in the manner described above which § 73.512 Special procedures applicable shall be subject to the same require- to Class D noncommercial edu- ments. In either case, any license cational stations. granted shall specify that the station’s (a) All Class D stations seeking re- license is for a Class D (secondary) sta- newal of license for any term expiring tion. June 1, 1980, or thereafter shall comply (c) Except in Alaska, no new Class D with the requirements set forth below applications nor major change applica- and shall simultaneously file an application on FCC Form 340, containing tions by existing Class D stations are full information regarding such com- acceptable for filing except by existing pliance with the provisions set forth Class D stations seeking to change fre- below. quency. Upon the grant of such appli- (1) To the extent possible, each application, the station shall become a cant shall select a commercial FM Class D (secondary) station. channel on which it proposes to oper- (d) Class D noncommercial edu- ate in lieu of the station’s present cational (secondary) stations (see channel. The station may select any § 73.506(a)(2)) will be permitted to con- commercial channel provided no objec- tinue to operate only so long as no in- tionable interference, as set forth in terference (as defined in § 73.509) is § 73.509(b), would be caused. The appli- caused to any TV or commercial FM cation shall include the same engineer- broadcast stations. In the event that ing information as is required to the Class D (secondary) station would change the frequency of an existing cause interference to a TV or commer- station and any other information nec- cial FM broadcast station after that essary to establish the fact that objec- Class D (secondary) station is author- tionable interference would not result. ized, the Class D (secondary) station If no commerical channel is available must cease operation when program where the station could operate with- tests for the TV or commercial FM out causing such interference, the ap- broadcast station commence. The Class plication shall set forth the basis upon which this conclusion was reached. D (secondary) station may apply for a (2) If a commercial channel is un- construction permit (see § 73.3533) to available, to the extent possible each change to another frequency or an- applicant should propose operation on tenna site where it would not cause in- Channel 200 (87.9 MHz) unless the sta- terference (as defined in § 73.509). If the tion would be within 402 kilometers Class D (secondary) station must cease (250 miles) of the Canadian border or operation before the construction per- 320 kilometers (199 miles) of the Mexi- mit is granted, an application for tem- can border or would cause interference porary authorization (pursuant to to an FM station operating on Chan- § 73.3542) to operate with the proposed nels 201, 202, or 203 or to TV Channel 6, facilities may be submitted; where ap- as provided in § 73.509. propriate, such temporary authoriza- (3) If a channel is not available under tion can be granted. With respect to either paragraph (a) (1) or (2) of this Class D (secondary) applications on section, the renewal applicant shall Channels 201 through 220 required to study all 20 noncommercial edu- protect television stations operating cational FM channels and shall propose on TV Channel 6, the non-interference operation on the channel which would requirements in the preceding sen- cause the least preclusion to the estab- tences will apply unless the application lishment of new stations or increases is accompanied by a written agreement in power by existing stations. Full in- between the Class D (secondary) appli- formation regarding the basis for the cant and each affected TV Channel 6 selection should be provided.

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broadcast station concurring with the radiated power and antenna height proposed Class D facilities. above average terrain employed, a minimum field strength of l mV/m (60 dBu) [43 FR 39716, Sept. 6, 1978, as amended at 44 FR 48226, Aug. 17, 1979; 47 FR 28388, June 30, will be provided over at least 50 percent 1982; 50 FR 8326, Mar. 1, 1985; 85 FR 35573, of its community of license or reach 50 June 11, 2020] percent of the population within the community. § 73.513 Noncommercial educational FM stations operating on unre- [65 FR 79779, Dec. 20, 2000] served channels. § 73.525 TV Channel 6 protection. (a) Noncommercial educational FM stations other than Class D (secondary) The provisions of this section apply which operate on Channels 221 through to all applications for construction per- 300 but which comply with § 73.503 as to mits for new or modified facilities for a licensing requirements and the nature NCE-FM station on Channels 200–220 of the service rendered, must comply unless the application is accompanied with the provisions of the following by a written agreement between the sections of subpart B: §§ 73.201 through NCE-FM applicant and each affected 73.213 (Classification of FM Broadcast TV Channel 6 broadcast station concur- Stations and Allocations of Fre- ring with the proposed NCE-FM facili- quencies) and such other sections of ties. subpart B as are made specially appli- (a) Affected TV Channel 6 station. (1) cable by the provisions of this subpart An affected TV Channel 6 station is a C. Stations in Alaska authorized before TV broadcast station which is author- August 11, 1982, using Channels 261–300 ized to operate on Channel 6 that is lo- need not meet the minimum effective cated within the following distances of radiated power requirement specified a NCE-FM station operating on Chan- in § 73.211(a). In all other respects, sta- nels 201–220: tions operating on Channels 221 TABLE A through 300 are to be governed by the provisions of this subpart and not sub- NCE-FM Distance (kil- NCE-FM Distance (kil- part B. channel ometers) channel ometers) (b) When a noncommercial edu- 201 265 211 196 cational applicant is among mutually 202 257 212 195 exclusive applications for an unre- 203 246 213 193 204 235 214 187 served FM channel, the mutually ex- 205 225 215 180 clusive applications will be considered 206 211 216 177 pursuant to Subpart I—Competitive 207 196 217 174 208 196 218 166 Bidding Procedures and not Subpart 209 196 219 159 K—Application and Selection Proce- 210 196 220 154 dures On Reserved Noncommercial Educational Channels. (2) Where a NCE-FM application has been accepted for filing or granted, the [47 FR 30068, July 12, 1982, as amended at 65 FR 36378, June 8, 2000] subsequent acceptance of an application filed by a relevant TV Channel 6 § 73.514 Protection from interference. station will not require revision of the pending NCE-FM application or the FM Permittees and licensees of NCE FM station’s authorized facilities, unless stations are not protected from inter- the provisions of paragraph (e)(3) of ference which may be caused by the this section for TV translator or sat- grant of a new LPFM station or of au- ellite stations apply. thority to modify an existing LPFM (b) Existing NCE-FM stations. (1) A station, except as provided in subpart NCE-FM station license authorized to G of this part. operate on channels 201–220 as of De- [65 FR 67299, Nov. 9, 2000] cember 31, 1984, or a permittee, granted a construction permit for a NCE-FM § 73.515 NCE FM transmitter location. station as of December 31, 1984, are not The transmitter location shall be subject to this section unless they pro- chosen so that, on the basis of effective pose either:

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(i) To make changes in operating fa- paragraphs (c) or (d) of this section, by cilities or location which will increase proposing to use vertically polarized predicted interference as calculated transmissions only, or to increase its under paragraph (e) of this section to ratio of vertically to horizontally po- TV Channel 6 reception in any direc- larized transmissions, the affected TV tion; or, Channel 6 station must be given an op- (ii) To increase its ratio of vertically tion to pay for the required antenna polarized to horizontally polarized and, if it takes that option, the NCE- transmissions. FM vertically polarized component of (2) Applicants must comply with the power will be one half (¥3 dB) that provision of paragraphs (c) or (d) of which would be allowed by the provi- this section unless the application for sions of paragraph (e)(4) of this section. modification demonstrates that, for (4) Applications for modification will each person predicted to receive new include a certification that the appli- interference as a result of the change, cant has given early written notice of existing predicted interference to two the proposed modification to all af- person will be eliminated. Persons pre- fected TV Channel 6 stations (as de- dicted to receive new interference are fined in paragraph (a) of this section). those located outside the area pre- (5) Where the NCE-FM station dem- dicted to receive interference from the onstrates in its application that it station’s currently authorized facilities must make an involuntary modifica- (‘‘existing predicted interference tion (e.g., due to loss of its transmitter area’’) but within the area predicted to site) that would not otherwise be per- receive interference from the proposed mitted under this section, its applica- facilities (‘‘proposed predicted inter- tion will be considered on a case-by- ference area’’). Persons for whom pre- case basis. In such cases, the provisions dicted interference will be eliminated of paragaph (b)(3) of this section do not are those located within the existing apply. predicted interference area and outside (c) New NCE-FM stations. Except as the proposed predicted interference provided for by paragraph (d) of this area. section, applicants for NCE-FM sta- (i) In making this calculation, the tions proposing to operate on Channels provisions contained at paragraph (e) 201–220 must submit a showing indi- will be used except as modified by cating that the predicted interference paragraph (b)(3) of this section. area resulting from the proposed facil- (ii) The following adjustment to the ity contains no more than 3,000 per- population calculation may be made: sons. up to 1,000 persons may be subtracted (1) In making these calculations, the from the population predicted to re- provisions in paragraph (e) of this sec- ceive new interference if, for each per- tion will be used. son substracted, the applicant effec- (2) The following adjustment to popu- tively installs two filters within 90 lation may be made: up to 1,000 persons days after commencing program tests may be subtracted from the population with the proposed facilities and, no within the predicted interference area later than 45 days thereafter, provides if, for each person subtracted, the ap- the affected TV Channel 6 station (as plicant effectively installs one filter defined in paragraph (a) of this section) within 90 days after commencing pro- with a certification containing suffi- gram tests and, no later than 45 days cient information to permit thereafter, provides the affected TV verification of such installation. The Channel 6 station with a certification required number of filters will be in- containing sufficient information to stalled on television receivers located permit verification of such installa- within the predicted interference area; tion. The required number of filters provided that half of the installations will be installed on television receivers are within the area predicted to receive located within the predicted inter- new interference. ference area. (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,

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an application for a NCE-FM station (iii) An adjustment of 6 dB for tele- operating on Channels 201–220 and lo- vision receiving antenna directivity cated at 0.4 kilometer (approximately will be added to each NCE-FM inter- 0.25 mile) or less from a TV Channel 6 ference contour at all points outside station will be accepted under the fol- the Grade A field strength contour lowing requirements: (§ 73.683) of the TV Channel 6 station (1) The effective radiated power can- and within an arc defined by the range not exceed the following values: of angles, of which the FM transmitter site is the vertex, from 110° relative to TABLE B the azimuth from the FM transmitter NCE-FM Power (kilo- NCE-FM Power (kilo- site to the TV Channel 6 transmitter channel watt) channel watt) site, counterclockwise to 250° relative to that azimuth. At all points at and 201 1.1 211 26.3 202 1.9 212 31.6 within the Grade A field strength con- 203 3.1 213 38.0 tour of the TV Channel 6 station, the 6 204 5.0 214 46.8 dB adjustment is applicable over the 205 8.3 215 56.2 206 10.0 216 67.6 range of angles from 70° clockwise to 207 12.0 217 83.2 110° and from 250° clockwise to 290°. 208 14.8 218 100.0 (iv) The distances to the applicable 209 17.8 219 100.0 210 21.4 220 100.0 NCE-FM interference contours will be predicted according to the procedures (2) The NCE-FM application will in- specified in § 73.313, ‘‘Prediction of Cov- clude a certification that the applicant erage,’’ using the proposed antenna has coordinated its antenna with the height and horizontally polarized, or affected TV station by employing ei- the horizontal equivalent of the ther: The same number of antenna bays vertically polarized, effective radiated with radiation centers separated by no power in the pertinent direction and more than 30 meters (approximately the F(50,10) field strength curves (Fig- 100 feet) verticially; or, the FM vertical ure 1a, § 73.333). pattern not exceeding the TV vertical (v) The predicted interference area pattern by more than 2dB. will be defined as the area within the (e) Calculation of predicted interference TV Channel 6 station’s 47 dBu field area and population. Predictions of in- strength contour that is bounded by terference required under this section the locus of intersections of a series of and calculations to determine the num- TV Channel 6 field strength contours ber of persons within a predicted inter- and the applicable NCE-FM interference area for NCE-FM operation on ference contours. Channels 201–220 are made as follows: (vi) In cases where the terrain in one (1) The predicted interference area or more directions departs widely from will be calculated as follows: the surrounding terrain average (for (i) The distances to the TV Channel 6 example, an intervening mountain), a field strength contours will be pre- supplemental showing may be made. dicted according to the procedures Such supplemental showings must de- specified in § 73.684, ‘‘Prediction of cov- scribe the procedure used and should erage,’’ using the F(50,50) curves in Fig- include sample calculations. The appli- ure 9, § 73.699. cation must also include maps indi- (ii) For each TV Channel 6 field cating the predicted interference area strength contour, there will be an asso- for both the regular method and the ciated F(50,10) FM interference con- supplemental method. tour, the value of which (in units of (vii) In cases where the predicted in- dBu) is defined as the sum of the TV terference area to Channel 6 television Channel 6 field strength (in dBu) and from a noncommercial educational FM the appropriate undesired-to-desired station will be located within the 90 (U/D) signal ratio (in dB) obtained from dBu F(50,50) contour of the television Figures 1 and 2, § 73.599, corresponding Channel 6 station, the location of the to the channel of the NCE-FM appli- FM interfering contour must be deter- cant and the appropriate F(50,50) field mined using the assumption that the strength contour of the TV Channel 6 Channel 6 field strength remains con- station. stant at 90 dBu everywhere within the

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90 dBu TV contour. The FM to Channel be subtracted, provided the NCE-FM 6 U/D signal strength ratio specified in construction permit and license will § 73.599 corresponding to the Channel 6 contain the following conditions: TV field strength of 90 dBu shall be (A) When the TV translator station used. ceases to carry the affected TV Chan- (2) The number of persons contained nel 6 station’s service and the cessation within the predicted interference area is not the choice of the affected TV will be based on data contained in the Channel 6 station, the NCE-FM station most recently published U.S. Census of will modify its facilities, within a rea- Population and will be determined by sonable transition period, to meet the plotting the predicted interference requirements of this section which area on a County Subdivision Map of would have applied if no adjustment to the state published for the Census, and population for translator service had totalling the number of persons in each been made in its application. County Subdivision (such as, Minor (B) The transition period may not ex- Civil Division (MCD), Census County ceed 1 year from the date the NCE-FM Division (CCD), or equivalent areas) station is notified by the TV Channel 6 contained within the predicted inter- station that the translator station will ference area. Where only a portion of cease to carry the affected TV Channel County Subdivision is contained within 6 station’s service or 6 months after the interference area: the translator station ceases to carry (i) The population of all incorporated the affected TV Channel 6 station’s places or Census designated places will service, whichever is earlier. be subtracted from the County Subdivi- (ii) If any part of the interference sion population; area is within the Grade B field (ii) Uniform distribution of the re- strength contour (§ 73.683) of a satellite maining population over the remaining station of the affected TV Channel 6 area of the County Subdivision will be station, the number of persons within assumed in determining the number of the overlap area will be subtracted, persons within the predicted inter- provided the NCE-FM permit and li- ference area in proportion to the share cense will contain the following condi- of the remaining area of the County tions: Subdivision that lies within the pre- (A) If the satellite station ceases to dicted interference area; and, carry the affected TV Channel 6 sta- (iii) The population of the incor- tion’s service and the cessation is not porated places or Census designated the choice of the affected TV Channel 6 places contained within the predicted station, the NCE-FM station will mod- interference area will then be added to ify its facilities, within a reasonable the total, again assuming uniform dis- transition period, to meet the require- tribution of the population within the ments of this rule which would have area of each place and adding a share of applied if no adjustment to population the population proportional to the for satellite station service had been share of the area if only a portion of made in its application. such a place is within the predicted in- (B) The transition period may not ex- terference area. ceed 1 year from the date the NCE-FM (iv) At the option of either the NCE- station is notified by the TV Channel 6 FM applicant or an affected TV Chan- station that the satellite station will nel 6 station which provides the appro- cease to carry the affected TV Channel priate analysis, more detailed popu- 6 stations’s service or 6 months after lation data may be used. the satellite station ceases to carry the (3) Adjustments to the population affected TV Channel 6 station’s service, calculated pursuant to paragraph (e)(2) whichever is earlier. of this section may be made as follows: (iii) If any part of the predicted inter- (i) If any part of the predicted interference area is located outside the af- ference area is within the Grade A field fected TV Channel 6 station’s Area of strength contour (§ 73.683) of a TV Dominant Influence (ADI), outside the translator station carrying the affected Grade A field strength contour TV Channel 6 station, the number of (§ 73.683), and within the predicted city persons within that overlap area will grade field strength contour (73.685(a))

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

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§ 73.558 Indicating instruments. set forth which licensee is to operate The requirements for indicating in- on each of the hours of the day struments described in § 73.258 are ap- throughout the year. Such agreement plicable to all educational FM broad- shall not include simultaneous oper- cast stations licensed with a trans- ation of the stations. Each licensee mitter power greater than 0.01 kw. shall file the same in triplicate with each application to the Commission for [51 FR 17029, May 8, 1986] initial construction permit or renewal § 73.561 Operating schedule; time shar- of license. Such written agreements ing. shall become part of the terms of each station’s license. (a) All noncommercial educational (2) The Commission desires to facili- FM stations will be licensed for unlimited time operation except those sta- tate the reaching of agreements on tions operating under a time sharing time sharing. However, if the licensees arrangement. All noncommercial edu- of stations authorized to share time cational FM stations are required to are unable to agree on a division of operate at least 36 hours per week, con- time, the Commission shall be so noti- sisting of at least 5 hours of operation fied by statement to that effect filed per day on at least 6 days of the week; with the application proposing time however, stations licensed to edu- sharing. Thereafter the Commission cational institutions are not required will designate the application for hear- to operate on Saturday or Sunday or to ing on any qualification issues arising observe the minimum operating re- regarding the renewal or new appli- quirements during those days des- cants. If no such issues pertain, the ignated on the official school calendar Commission will set the matter for ex- as vacation or recess periods. pedited hearing limited solely to the (b) All stations, including those issue of the sharing of time. In the meeting the requirements of paragraph event the stations have been operating (a) of this section, but which do not op- under a time sharing agreement but erate 12 hours per day each day of the cannot agree on its continuation, a year, will be required to share use of hearing will be held, and pending such the frequency upon the grant of an ap- hearing, the operating schedule pre- propriate application proposing such viously adhered to shall remain in full share time arrangement. Such applica- force and effect. tions shall set forth the intent to share time and shall be filed in the same (c) A departure from the regular manner as are applications for new sta- schedule set forth in a time-sharing tions. They may be filed at any time, agreement will be permitted only in but in cases where the parties are un- cases where a written agreement to able to agree on time sharing, action that effect is reduced to writing, is on the application will be taken only in signed by the licensees of the stations connection with the renewal of applica- affected thereby, and is filed in trip- tion for the existing station. In order licate by each licensee with the Com- to be considered for this purpose, such mission, Attention: Audio Division, an application to share time must be Media Bureau, prior to the time of the filed no later than the deadline for fil- proposed change. If time is of the es- ing petitions to deny the renewal appli- sence, the actual departure in oper- cation of the existing licensee, or, in ating schedule may precede the actual the case of renewal applications filed filing of the written agreement, pro- by the existing licensee on or before vided that appropriate notice is sent to May 1, 1995, no later than the deadline the Commission in Washington, DC, for filing applications in conflict with Attention: Audio Division, Media Bu- the such renewal applications. reau. (1) The licensee and the prospective (d) In the event that causes beyond licensee(s) shall endeavor to reach an the control of a permittee or licensee agreement for a definite schedule of pe- make it impossible to adhere to the op- riods of time to be used by each. Such agreement shall be in writing and shall erating schedule in paragraph (a) or (b)

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of this section or to continue oper- § 73.567 Determining operating power. ating, the station may limit or dis- The procedures for determining oper- continue operation for a period not exceeding 30 days without further author- ating power described in § 73.267 are ap- ity from the Commission provided that plicable to noncommercial education notification is sent to the Commission FM stations. in Washington, DC, Attention: Audio [44 FR 58732, Oct. 11, 1979] Division, Media Bureau, no later than the 10th day of limited or discontinued § 73.593 Subsidiary communications operation. During such period, the per- services. mittee shall continue to adhere to the requirements of the station license per- The licensee of a noncommercial edu- taining to the lighting of antenna cational FM station is not required to structures. In the event normal oper- use its subcarrier capacity, but if it ation is restored prior to the expiration chooses to do so, it is governed by of the 30 day period, the permittee or §§ 73.293 through 73.295 of the Commis- licensee will notify the FCC, Attention: sion’s Rules regarding the types of per- Audio Division of the date that normal missible subcarrier uses and the man- operations resumed. If causes beyond ner in which subcarrier operations the control of the permittee or licensee shall be conducted; Provided, however, make it impossible to comply within that remunerative use of a station’s the allowed period, Special Temporary subcarrier capacity shall not be detri- Authority (see § 73.1635) must be re- mental to the provision of existing or quested to remain silent for such addi- potential radio reading services for the tional time as deemed necessary. The blind or otherwise inconsistent with its license of a broadcasting station that public broadcasting responsibilities. fails to transmit broadcast signals for any consecutive 12 month period ex- [48 FR 26615, June 9, 1983] pires as a matter of law at the end of that period, notwithstanding any pro- § 73.597 FM stereophonic sound broad- vision, term, or condition of license to casting. the contrary. A noncommercial educational FM NOTE 1 TO § 73.561: For allocations purposes, broadcast station may, without spe- both (all) stations sharing time will be treat- cific authority from the FCC, transmit ed as unlimited time stations. stereophonic sound programs upon in- NOTE 2 TO § 73.561: See §§ 73.1705, 73.1715, and stallation of stereophonic sound trans- 73.1740. mitting equipment under the provi- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, sions of §§ 2.977, 2.1001, 73.322, and 73.1590 1068, 1082 (47 U.S.C. 154, 155, 303)) of the FCC’s Rules. [43 FR 39717, Sept. 6, 1978, as amended at 43 FR 45845, Oct. 4, 1978; 44 FR 3416, Jan. 19, 1979; [51 FR 17029, May 8, 1986] 44 FR 65764, Nov. 15, 1979; 47 FR 54448, Dec. 3, 1982; 50 FR 13974, Apr. 9, 1985; 61 FR 18291, Apr. 25, 1996; 61 FR 28767, June 6, 1996; 63 FR 33877, June 22, 1998; 67 FR 13231, Mar. 21, 2002]

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

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[50 FR 27965, July 9, 1985]

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

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

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

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

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

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

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

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

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

ALABAMA CALIFORNIA

Community Channel No. Community Channel No.

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

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CALIFORNIA—Continued FLORIDA—Continued

Community Channel No. Community Channel No.

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

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HAWAII—Continued IOWA

Community Channel No. Community Channel No.

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

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

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LOUISIANA—Continued MICHIGAN—Continued

Community Channel No. Community Channel No.

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

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

MASSACHUSETTS MISSISSIPPI

Community Channel No. Community Channel No.

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

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MISSOURI—Continued NEW JERSEY

Community Channel No. Community Channel No.

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

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

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NORTH CAROLINA—Continued OKLAHOMA

Community Channel No. Community Channel No.

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

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SOUTH CAROLINA—Continued TEXAS—Continued

Community Channel No. Community Channel No.

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

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VIRGINIA—Continued WISCONSIN—Continued

Community Channel No. Community Channel No.

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

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

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

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

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

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

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

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

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

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

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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Channel Channel Community No. Community No.

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

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

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

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

Channel relationship Separation requirement

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

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

City Channels Latitude Longitude

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

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City Channels Latitude Longitude

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) DTV station zones are defined in area is of a minimal amount and nec- § 73.609. essary to meet the requirements of (2) DTS reference point. A station’s paragraph (f)(1) of this section; DTS reference point is established in (3) Each DTS transmitter’s coverage the FCC Order that created or made is contiguous with at least one other final modifications to the Post-Transi- DTS transmitter’s coverage; tion DTV Table of Allotments, (4) The coverage from one or more § 73.622(i), and the corresponding facili- DTS transmitter(s) is shown to provide ties for the station’s channel assign- principal community coverage as re- ment as set forth in that FCC Order. quired in § 73.625(a); (d) Determining DTS coverage. The (5) The ‘‘combined field strength’’ of coverage for each DTS transmitter is all the DTS transmitters in a network determined based on the F(50,90) field does not cause interference to another strength given in the Table of Dis- station in excess of the criteria speci- tances (in paragraph (c) of this sec- fied in § 73.616, where the combined tion), calculated in accordance with field strength level is determined by a § 73.625(b). The combined coverage of a ‘‘root-sum-square’’ calculation, in DTS station is the logical union of the which the combined field strength level coverage of all DTS transmitters. at a given location is equal to the (e) DTS protection from interference. A square root of the sum of the squared DTS station must be protected from in- field strengths from each transmitter terference in accordance with the cri- in the DTS network at that location. teria specified in § 73.616. To determine (6) Each DTS transmitter must be lo- compliance with the interference pro- cated within either the DTV station’s tection requirements of § 73.616, the Table of Distances area or its author- population served by a DTS station ized service area. shall be the population within the sta- (g) All transmitters operating under tion’s combined coverage contour, ex- a single DTS license must follow the cluding the population in areas that same digital broadcast television are outside both the DTV station’s au- transmission standard. thorized service area and the Table of Distances area (in paragraph (c) of this [73 FR 74063, Dec. 5, 2008, as amended at 83 section). Only population that is pre- FR 5022, Feb. 2, 2018] dicted to receive service by the method described in § 73.622(e)(2) from at least § 73.641 Subscription TV definitions. one individual DTS transmitter will be (a) Subscription television. A system considered. whereby subscription television pro- (f) Applications for DTS. An applica- grams are transmitted and received. tion proposing use of a DTS will not be (b) Subscription television program. A accepted for filing unless it meets all television boadcast program intended of the following conditions: to be received in intelligible form for a (1) The combined coverage from all of fee or charge. the DTS transmitters covers all of the applicant’s authorized service area; [52 FR 6154, Mar. 2, 1987] (2) Each DTS transmitter’s coverage is contained within either the DTV sta- § 73.642 Subscription TV service. tion’s Table of Distances area (pursu- (a) Subscription TV service may be ant to paragraph (c) of this section) or provided by: its authorized service area, except (1) Licensees and permittees of com- where such extension of coverage be- mercial and noncommercial TV sta- yond the station’s authorized service tions, and

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(2) Licensees and permittees of low conventional program that, in its opin- power TV stations. ion, is of greater local or national im- (b) A licensee or permittee of a com- portance; or mercial or noncommercial TV station (2) Delegates to any other person the or a low power TV station may begin right to schedule the hours of trans- subscription TV service upon installa- mission of subscription programs. How- tion of encoding equipment having ad- ever, this rule does not prevent a li- vance FCC approval. However, the licensee or permittee from entering into censee or permittee of a TV broadcast an agreement or arrangement whereby station (not applicable to low power it agrees to schedule a specific sub- TV stations) must send a letter to the scription TV broadcast program at a FCC in Washington, DC, that subscrip- specific time or to schedule a specific tion TV service will commence at least number of hours of subscription pro- 30 days prior to commencement of such grams during the broadcast day (or service. In that letter, to be entitled segments thereof) or weeks; or ‘‘Notice of Commencement of STV Op- (3) Deprives it of the right of ulti- erations,’’ the licensee or permittee is mate decision concerning the max- to state that it will comply with the imum amount of any subscription pro- provisions of paragraphs (e)(1) through gram charge or fee. (e)(3) and § 73.644(c) of this chapter and identify the make and type of encoding (4) Has provisions that do not comply system to be used. A similar notice with the following policies of the FCC: must be submitted if the licensee or (i) Unless a satifactory signal is un- permittee commences using another available at the location where service type of encoding system. (See section is desired, subscription TV service 644(h).) A notice must also be sub- must be provided to all persons desir- mitted to the FCC in Washington, DC, ing it within the Grade A contour of if encoded subscription TV service is to the station broadcasting subscription be discontinued, at least 30 days prior programs. Geographic or other reason- to such discontinuance. able patterns of installation for new (c) The station proof of system com- subscription services is permitted and, pliance measurement data (see for good cause, service may be termi- § 73.644(c)) need not be submitted to the nated. FCC, however, the measurement data (ii) Charges, terms and conditions of must be available to the FCC upon re- service to subscribers must be applied quest. uniformly. However, subscribers may (d) The use of the visual vertical be divided into reasonable classifica- blanking interval or an aural subcar- tions approved by the FCC, and the im- rier for transmitting subscriber de- positions of different sets of terms and coder control code signals during peri- conditions may be applied to sub- ods of normal non-encoded program- scribers in different classifications. ming may be used only upon specific Further, for good cause, within such FCC authorization. Letter requests to classification, deposits may be required use either the video blanking intervals from some subscribers and not of oth- or aural subcarriers during periods of ers; and, also for good cause, if a sub- non-subscription programming are to scription system generally uses a cred- be sent to the FCC in Washington, D.C. it-type decoder, cash operated decoders (e) A licensee or permittee of a com- may be installed for some subscribers. mercial or noncommercial TV broadcast or low power TV station may not [48 FR 56392, Dec. 21, 1983, as amended at 52 transmit a subscription service if it has FR 6154, Mar. 2, 1987; 66 FR 58982, Nov. 26, a contract, arrangement, or under- 2001] standing expressed or implied, that: (1) Prevents or hinders it from reject- § 73.643 Subscription TV operating re- ing or refusing any subscription TV quirements. broadcast program that it reasonably The non-technical rules and policies believes to be unsatisfactory or unsuit- applicable to regular TV broadcast sta- able or contrary to the public inter- tions are applicable to subscription TV ests; or substituting a subscription or operations, except where specifically

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exempted in the provisions of those lated baseband and waveforms, trans- rules and policies. mitter operating power determination, [48 FR 56392, Dec. 21, 1983] and the occupied bandwidth limitations specified in the application for § 73.644 Subscription TV transmission advance FCC approval of the system systems. being used. A copy of the measurement (a) Licensees and permittees of com- data is to be maintained in the station mercial and noncommercial TV broad- files and made available to the FCC cast and low power TV stations may upon request. conduct subscription operations only (d) The licensee of a station trans- by using an encoding system that has mitting an encoded subscription serv- been approved in advance by the FCC. ice must have at the transmitter con- Such advance approval may be applied trol point the technical specifications for and granted in accordance with the for the system being used of both the procedures given in subpart M part 2 of aural and visual baseband signals and the Rules. the transmitted radiofrequency sig- (b) The criteria for advance approval nals, and have the necessary measuring of subscription TV transmitting sys- and monitoring equipment, including tems by the FCC are as follows: transmitter output power measuring (1) Spectral energy in the trans- equi‘pment, to determine that the mitted signal must not exceed the lim- transmissions conform to the advance itations given in § 73.687(e). approval specifications on file with the (2) No increase in width of the tele- FCC. Full operating specifications for vision broadcast channel (6 MHz.) is the system must be available to rep- permitted. resentatives of the FCC upon request. (3) The technical system must enable (e) The operating power of the trans- stations to transmit encoded subscrip- mitters during encoded operations tion TV programs without increasing must be determined and maintained the RMS output power from either the according to the procedures given in video or audio transmitters over that the application for advance approval. required to transmit the same program (f) A station using an encoding sys- material using normal transmission tem in accordance with the specifica- standards. tions filed with the application for ad- (4) Modification of a type accepted vance approval is deemed to be exempt- TV broadcast or low power TV trans- ed from those technical regulations of mitter for encoded transmissions must not render transmitter incapable of op- this subpart and subpart H to the ex- erating in accordance with the oper- tent they are specifically detailed in ating specifications upon which type the application. acceptance was granted. (See § 2.1001 (g) No protection from interference (b), (k)) of any kind will be afforded to recep- (5) Interference to reception of con- tion of encoded subscription program- ventional television either of co-chan- ming over that afforded reception of nel or adjacent channel stations must non-encoded signals. not increase over that resulting from (h) A licensee or permittee may the transmission of programming with make no modifications on a subscrip- normal transmission standards. tion encoding system that would alter (6) Subscriber decoder devices must the characteristics of the transmitted meet the provisions, where required, of aural or visual signal from those speci- subpart H of part 15 of the FCC Rules fied in the application for advance ap- for TV Interface Devices. proval. A licensee or permittee of a sta- (c) Prior to commencing the trans- tion replacing its encoding system mission of encoded subscription pro- must perform the measurements re- gramming, the licensee or permittee of quired by paragraph (c) of this section. a TV broadcast or low power TV sta- A TV broadcast station licensee or per- tion must perform such tests and meas- mittee must also send a letter advising urements to determine that the trans- the FCC of the new system being used mitted encoded signal conforms to the as required by § 73.642(b) of this chap- radiated radio frequency and demodu- ter.

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(i) The station licensee is fully re- (d) Television licensees are author- sponsible for all technical operations of ized to lease their VBI and visual sig- the station during transmissions of en- nal telecommunications facilities to coded subscription programming, re- outside parties. In all arrangements en- gardless of the supplier of the encoding tered into with outside parties affect- equipment or subscription program ing telecommunications service oper- service. ation, the licensee or permittee must retain control over all material trans- NOTE: Stations transmitting encoded submitted in a broadcast mode via the sta- scription programming prior to October 1, 1983, must comply with all technical and option’s facilities, with the right to re- erating requirements of this Section no later ject any material that it deems inap- than April 1, 1984. Stations not having the propriate or undesirable. The licensee information to comply with this Section or permittee is also responsible for all must obtain such information from the man- aspects of technical operation involv- ufacturer of the encoding system being used, ing such telecommunications services. and if necessary, by measurements of the (e) The grant or renewal of a TV sta- station’s transmission system. tion license or permit will not be (j) Upon request by an authorized furthered or promoted by proposed or representative of the FCC, the licensee past VBI or visual signal telecommuni- of a TV station transmitting encoded cations service operation; the licensee programming must make available a must establish that its broadcast oper- receiving decoder to the Commission to ation serves the public interest wholly carry out its regulatory responsibil- apart from such telecommunications ities. service activities. (Violation of rules applicable to VBI and visual signal [48 FR 56392, Dec. 21, 1983, as amended at 57 telecommunications services could, of FR 48333, Oct. 23, 1992; 66 FR 58982, Nov. 26, course, reflect on a licensee’s qualifica- 2001] tions to hold its license or permit.) § 73.646 Telecommunications Service (f) TV broadcast stations are author- on the Vertical Blanking Interval ized to transmit VBI and visual tele- and in the Visual Signal. communications service signals during (a) Telecommunications services per- any time period, including portions of mitted on the vertical blanking inter- the day when normal programming is val (VBI) and in the visual signal in- not broadcast. Such transmissions clude the transmission of data, proc- must be in accordance with the tech- essed information, or any other com- nical provisions of § 73.682. munication in either a digital or ana- [50 FR 4663, Feb. 1, 1985, as amended at 50 FR log mode. 9035, Mar. 6, 1985; 61 FR 36304, July 10, 1996] (b) Telecommunications service on the VBI and in the visual signal is of § 73.653 Operation of TV aural and vis- an ancillary nature and as such is an ual transmitters. elective, subsidiary activity. No serv- The aural and visual transmitters ice guidelines, limitations, or perform- may be operated independently of each ance standards are applied to it. The other or, if operated simultaneously, kinds of service that may be provided may be used with different and unre- include, but are not limited to, tele- lated program material. text, paging, computer software and [54 FR 9806, Mar. 8, 1989] bulk data distribution, and aural messages. Such services may be provided § 73.658 Affiliation agreements and on a broadcast, point-to-point, or point network program practices; terri- to multipoint basis. torial exclusivity in non-network (c) Telecommunications services that program arrangements. are common carrier in nature are sub- (a) Exclusive affiliation of station. No ject to common carrier regulation. Li- license shall be granted to a television censees operating such services are rebroadcast station having any contract, quired to apply to the Commission for arrangement, or understanding, ex- the appropriate authorization and to press or implied, with a network orga- comply with all policies and rules ap- nization under which the station is pre- plicable to the particular service. vented or hindered from, or penalized

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for, broadcasting the programs of any offered or already contracted for pursu- other network organization. (The term ant to an affiliation contract, prevents ‘‘network organization’’ as used in this or hinders the station from: section includes national and regional (1) Rejecting or refusing network pro- network organizations. See ch. VII, J, grams which the station reasonably be- of Report on Chain Broadcasting.) lieves to be unsatisfactory or unsuit- (b) Territorial exclusively. No license able or contrary to the public interest, shall be granted to a television broad- or cast station having any contract, ar- (2) Substituting a program which, in rangement, or understanding, express the station’s opinion, is of greater local or implied, with a network organiza- or national importance. tion which prevents or hinders another (f) [Reserved] broadcast station located in the same (g) Dual network operation. A tele- community from broadcasting the net- vision broadcast station may affiliate work’s programs not taken by the with a person or entity that maintains former station, or which prevents or two or more networks of television hinders another broadcast station lo- broadcast stations unless such dual or cated in a different community from multiple networks are composed of two broadcasting any program of the net- or more persons or entities that, on work organization. This section shall February 8, 1996, were ‘‘networks’’ as not be construed to prohibit any con- defined in § 73.3613(a)(1) of the Commis- tract, arrangement, or understanding sion’s regulations (that is, ABC, CBS, between a station and a network orga- Fox, and NBC). nization pursuant to which the station (h) Control by networks of station rates. is granted the first call in its commu- No license shall be granted to a tele- nity upon the programs of the network vision broadcast station having any organization. As employed in this para- contract, arrangement, or under- graph, the term ‘‘community’’ is de- standing, express or implied, with a fined as the community specified in the network organization under which the instrument of authorization as the lo- station is prevented or hindered from, cation of the station. or penalized for, fixing or altering its (c) [Reserved] rates for the sale of broadcast time for (d) Station commitment of broadcast other than the network’s programs. time. No license shall be granted to a (i) No license shall be granted to a television broadcast station having any television broadcast station which is contract, arrangement, or under- represented for the sale of non-network standing, express or implied, with any time by a network organization or by network organization, which provides an organization directly or indirectly for optioning of the station’s time to controlled by or under common control the network organization, or which has with a network organization, if the sta- the same restraining effect as time tion has any contract, arrangement or optioning. As used in this section, time understanding, express or implied, optioning is any contract, arrange- which provides for the affiliation of the ment, or understanding, express or im- station with such network organiza- plied, between a station and a network tion: Provided, however, That this rule organization which prevents or hinders shall not be applicable to stations li- the station from scheduling programs censed to a network organization or to before the network agrees to utilize the a subsidiary of a network organization. time during which such programs are (j)–(l) [Reserved] scheduled, or which requires the sta- (m) Territorial exclusivity in non-net- tion to clear time already scheduled work arrangements. (1) No television when the network organization seeks station shall enter into any contract, to utilize the time. arrangement, or understanding, ex- (e) Right to reject programs. No license pressed or implied; with a non-network shall be granted to a television broad- program producer, distributor, or sup- cast station having any contract, ar- plier, or other person; which prevents rangement, or understanding, express or hinders another television station or implied, with a network organiza- located in a community over 56.3 kilo- tion which, with respect to programs meters (35 miles) away, as determined

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by the reference points contained in the top-100 markets contained in the ARB § 76.53 of this chapter, (if reference Television Market Analysis. If a community points for a community are not listed is listed in a hyphenated market in § 76.51 and is also listed in one of the markets in in § 76.53, the location of the main post the ARB listing, the listing in § 76.51 shall office will be used) from broadcasting govern. any program purchased by the former NOTE 3: The provisions of this paragraph station from such non-network pro- apply only to U.S. commercial television gram producer, distributor, supplier, or broadcast stations in the 50 states, and not other person, except that a television to stations in Puerto Rico or the Virgin Is- station may secure exclusivity against lands, foreign stations or noncommercial a television station licensed to another educational television or ‘‘public’’ television stations (either by way of restrictions on designated community in a hyphenated their exclusivity or on exclusivity against market specified in the market listing them). as contained in § 76.51 of this chapter NOTE 4: New stations authorized in any for those 100 markets listed, and for community of a hyphenated market listed in markets not listed in § 76.51 of this § 76.51 of this chapter or in any community of chapter, the listing as contained in the a hyphenated market listed in the ARB Tele- Nielsen Media Research DMA Rankings vision Market Analysis (for markets below the top-100 markets) are subject to the same for the most recent year at the time rules as previously existing stations therein. that the exclusivity contract, arrange- New stations authorized in other commu- ment or understanding is complete nities are considered stations in separate under practices of the industry. As markets unless and until § 76.51 is amended used in this paragraph, the term by Commission action, or the ARB listing is ‘‘community’’ is defined as the commu- changed. nity specified in the instrument of au- (Sec. 5, 48 Stat. 1068 (47 U.S.C. 155)) thorization as the location of the sta- [28 FR 13660, Dec. 14, 1963] tion. (2) Notwithstanding paragraph (m)(1) EDITORIAL NOTE: For FEDERAL REGISTER ci- of this section, a television station tations affecting § 73.658, see the List of CFR Sections Affected, which appears in the may enter into a contract, arrange- Finding Aids section of the printed volume ment, or understanding with a pro- and at www.govinfo.gov. ducer, supplier, or distributor of a non- network program if that contract, ar- §§ 73.659–73.663 [Reserved] rangement, or understanding provides that the broadcast station has exclu- § 73.664 Determining operating power. sive national rights such that no other (a) The operating power of each TV television station in the United States visual transmitter shall normally be may broadcast the program. determined by the direct method. (b) Direct method, visual transmitter. NOTE 1: Contracts, arrangements, or understandings 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 the indications of a calibrated trans- of such agreements are not permitted be- mission line meter (responsive to peak cause they would in effect be new agree- power) located at the RF output termi- ments without competitive bidding. How- nals of the transmitter. The indica- ever, such agreements that were based on tions of the calibrated meter are used the broadcaster’s advancing ‘‘seed money’’ to observe and maintain the authorized for the production of a specific program or series that specify two time periods—a try- operating power of the visual trans- out period and period thereafter for general mitter. This meter must be calibrated exhibition—may be extended or renewed as whenever any component in the meter- contemplated in the basic agreement. ing circuit is repaired or replaced and NOTE 2: It is intended that the top 100 as often as necessary to ensure oper- major television markets listed in § 76.51 of ation in accordance with the provisions this chapter shall be used for the purposes of of § 73.1560 of this part. The following this rule and that the listing of the top 100 calibration procedures are to be used: television markets appearing in the ARB Television Market Analysis shall not be (1) The transmission line meter is used. The reference in this rule to the listing calibrated by measuring the average of markets in the ARB Television Market power at the output terminals of the Analysis refers to hyphenated markets below transmitter, including any vestigial

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sideband and harmonic filters which either by means of adjustable red may be used in normal operation. For markers incorporated in the meter or this determination the average power by red marks placed upon the meter output is measured while operating scale or glass face. These markings into a dummy load of substantially must be checked and changed, if nec- zero reactance and a resistance equal essary, each time the meter is cali- to the transmission line characteristic brated. impedance. During this measurement (c) Indirect method, visual transmitter. the transmitter is to be modulated The operating power is determined by only by a standard synchronizing sig- the indirect method by applying an ap- nal with blanking level set at 75% of propriate factor to the input power to peak amplitude as observed in an out- the final radio-frequency amplifier put waveform monitor, and with this stage of the transmitter using the fol- blanketing level amplitude maintained lowing formula: throughout the time interval between Transmitter output power = Ep × Ip × F synchronizing pulses. (2) If electrical devices are used to Where: determine the output power, such de- Ep = DC input voltage of the final radio-fre- vices must permit determination of quency amplifier stage. this power to within an accuracy of Ip = DC input current of the final radio-fre- ±5% of the power indicated by the full quency amplifier stage. scale reading of the electrical indi- F = Efficiency factor. cating instrument of the device. If (1) If the above formula is not appro- temperature and coolant flow indi- priate for the design of the transmitter cating devices are used to determine final amplifier, use a formula specified the power output, such devices must by the transmitter manufacturer with permit determination of this power to other appropriate operating param- within an accuracy of ±4% of measured eters. average power output. The peak power (2) The value of the efficiency factor, output is the power so measured in the F established for the authorized trans- dummy load multiplied by the factor mitter output power is to be used for 1.68. During this measurement the maintaining the operating power, even input voltage and current to the final though there may be some variation in radio frequency amplifier stage and the F over the power operating range of the transmission line meter are to be read transmitter. and compared with similar readings (3) The value of F is to be determined taken with the dummy load replaced and a record kept thereof by one of the 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.

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(iii) Using the transmitter manufac- and point-to-point or multipoint mes- turer’s measurement data submitted to sages. the FCC for type acceptance as shown (b) TV subsidiary communications in the instruction book supplied to the services that are common carrier or licensee. private radio in nature are subject to NOTE: Refer to § 73.1560 for aural trans- common carrier or private radio regu- mitter output power levels. lation. Licensees operating such services are required to apply to the FCC [44 FR 58732, Oct. 11, 1979, as amended at 48 FR 44805, Sept. 30, 1983; 49 FR 4210, Feb. 3, for the appropriate authorization and 1984; 49 FR 22092, May 25, 1984; 49 FR 49851, to comply with all policies and rules Dec. 24, 1984; 50 FR 26568, June 27, 1985; 54 FR applicable to the service. Responsi- 9806, Mar. 8, 1989. Redesignated at 58 FR bility for making the initial deter- 62555, Nov. 29, 1993] minations of whether a particular activity requires separate authority rests § 73.665 Use of TV aural baseband subcarriers. with the TV station licensee or permittee. Initial determinations by li- Licensees of TV broadcast stations censees or permittees are subject to may transmit, without further author- FCC examination and may be reviewed ization from the FCC, subcarriers and at the FCC’s discretion. signals within the composite baseband (c) Subsidiary communications serv- for the following purposes: ices are of a secondary nature under (a) Stereophonic (biphonic, the authority of the TV station author- quadraphonic, etc.) sound programs ization, and the authority to provide under the provisions of §§ 73.667 and such communications services may not 73.669. be retained or transferred in any man- (b) Transmission of signals relating to the operation of TV stations, such as ner separate from the station’s author- relaying broadcast materials to other ization. The grant or renewal of a TV stations, remote cueing and order mes- station permit or license is not sages, and control and telemetry sig- furthered or promoted by proposed or nals for the transmitting system. past subsidiary communications serv- (c) Transmission of pilot or control ices. The permittee or licensee must signals to enhance the station’s pro- establish that the broadcast operation gram service such as (but not re- is in the public interest wholly apart stricted to) activation of noise reduc- from the subsidiary communications tion decoders in receivers, for any services provided. other receiver control purpose, or for (d) The station identification, de- program alerting and program identi- layed recording, and sponsor identifica- fication. tion announcement required by (d) Subsidiary communications serv- §§ 73.1201, 73.1208, and 73.1212 are not ap- ices. plicable to leased communications services transmitted via services that [49 FR 18105, Apr. 27, 1984] are not of a general broadcast nature. § 73.667 TV subsidiary communica- (e) The licensee or permittee must tions services. retain control over all material transmitted 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 main program broadcast service or ex- [49 FR 18105, Apr. 27, 1984, as amended at 49 clusively relate to station operations FR 27147, July 2, 1984; 56 FR 49707, Oct. 1, (see § 73.665(a), (b), and (c)). Subsidiary 1991] communications include, but are not limited to, services such as functional § 73.669 TV stereophonic aural and music, specialized foreign language multiplex subcarrier operation. programs, radio reading services, util- (a) A TV broadcast station may with- ity 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

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sound equipment. Prior to commence- (c) If an Internet address for a Web ment of multichannel broadcasting, site that does not meet the test in the equipment shall be measured in ac- paragraph (b) of this section is dis- cordance with § 73.1690(e). played during a promotion in a chil- (b) Multiplex subcarriers may be used dren’s program, in addition to counting by a TV station pursuant to the provi- against the commercial time limits in sions of § 73.665 and may be transmitted paragraph (a) of this section the pro- on a secondary, non-interference basis motion must be clearly separated from to broadcast programming without spe- program material. cific authority from the FCC. Trans- (d)(1) Entities subject to commercial missions must be conducted in accord- time limits under the Children’s Tele- ance with the technical standards vision Act shall not display a Web site given in § 73.682(c). address during or adjacent to a pro- (c) In all arrangements entered into gram if, at that time, on pages that are with outside parties affecting non-com- primarily devoted to free noncommer- mon carrier subcarrier operation, the cial content regarding that specific licensee or permittee must retain con- program or a character appearing in trol over all material transmitted over that program: the station’s facilities, with the right (i) Products are sold that feature a to reject any material which is deemed character appearing in that program; inappropriate or undesirable. Sub- or channel leasing arrangements must be (ii) A character appearing in that kept in writing at the station and program is used to actively sell prod- made available to the FCC upon re- ucts. quest. (2) The requirements of this para- [49 FR 18106, Apr. 27, 1984] graph do not apply to: (i) Third-party sites linked from the § 73.670 Commercial limits in chil- companies’ Web pages; dren’s programs. (ii) On-air third-party advertisements (a) No commercial television broad- with Web site references to third-party cast station licensee shall air more Web sites; or than 10.5 minutes of commercial mat- (iii) Pages that are primarily devoted ter per hour during children’s program- to multiple characters from multiple ming on weekends, or more than 12 programs. minutes of commercial matter per NOTE 1: Commercial matter means air time hour on weekdays. sold for purposes of selling a product or serv- (b) The display of Internet Web site ice and promotions of television programs or addresses during program material or video programming services other than chil- promotional material not counted as dren’s or other age-appropriate programming commercial time is permitted only if appearing on the same channel or promotions for children’s educational and infor- the Web site: mational programming on any channel. (1) Offers a substantial amount of NOTE 2: For purposes of this section, chil- bona fide program-related or other dren’s programming refers to programs origi- noncommercial content; nally produced and broadcast primarily for (2) Is not primarily intended for com- an audience of children 12 years old and mercial purposes, including either e- younger. commerce or advertising; [70 FR 36, Jan. 3, 2005, as amended at 71 FR (3) The Web site’s home page and 64164, Nov. 1, 2006] other menu pages are clearly labeled to distinguish the noncommercial from § 73.671 Educational and informational the commercial sections; and programming for children. (4) The page of the Web site to which (a) Each commercial and non- viewers are directed by the Web site commercial educational television address is not used for e-commerce, ad- broadcast station licensee has an obli- vertising, or other commercial pur- gation to serve, over the term of its li- poses (e.g., contains no links labeled cense, the educational and informa- ‘‘store’’ and no links to another page tional needs of children through both with commercial material). the licensee’s overall programming and

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programming specifically designed to dren’s Television Programming Report, serve such needs. as described in § 73.3526(e)(11)(iii); and (b) Any special nonbroadcast efforts (7) Instructions for listing the pro- which enhance the value of children’s gram as educational/informational are educational and informational tele- provided by the licensee to publishers vision programming, and any special of program guides, as described in effort to produce or support edu- § 73.673. cational and informational television (d) The Commission will apply the programming by another station in the processing guideline in this paragraph licensee’s marketplace, may also con- (d) to digital stations in assessing tribute to meeting the licensee’s obli- whether a television broadcast licensee gation to serve, over the term of its li- has complied with the Children’s Tele- cense, the educational and informa- vision Act of 1990 (‘‘CTA’’) on its dig- tional needs of children. ital channel(s). A digital television li- (c) For purposes of this section, edu- censee will be deemed to have satisfied cational and informational television its obligation to air such programming programming is any television pro- and shall have the CTA portion of its gramming that furthers the edu- license renewal application approved cational and informational needs of by the Commission staff if it has aired: children 16 years of age and under in At least three hours per week of Core any respect, including the child’s intel- Programming (as defined in paragraph lectual/cognitive or social/emotional (c) of this section and as averaged over needs. Programming specifically de- a six-month period), or a total of 156 signed to serve the educational and in- hours of Core Programming annually, formational needs of children (‘‘Core including at least 26 hours per quarter Programming’’) is educational and in- of regularly scheduled weekly pro- formational programming that satis- gramming and up to 52 hours annually fies the following additional criteria: of Core Programming of at least 30 (1) It has serving the educational and minutes in length that is not regularly informational needs of children ages 16 scheduled weekly programming, such and under as a significant purpose; as educational specials and regularly (2) It is aired between the hours of scheduled non-weekly programming. A 6:00 a.m. and 10:00 p.m.; licensee will also been deemed to have (3) It is a regularly scheduled weekly satisfied the obligation in this para- program, except that a licensee may graph (d) and be eligible for such staff air a limited amount of programming approval if it has aired a total of 156 that is not regularly scheduled on a hours of Core Programming annually, weekly basis, including educational including at least 26 hours per quarter specials and regularly scheduled non- of regularly scheduled weekly pro- weekly programming, and have that gramming and up to 52 hours of Core programming count as Core Program- Programming that is not regularly ming, as described in paragraph (d) of scheduled on a weekly basis, such as this section; educational specials and regularly (4) It is at least 30 minutes in length, scheduled non-weekly programming, except that a licensee may air a lim- and short-form programs of less than 30 ited amount of short-form program- minutes in length, including public ming, including public service an- service announcements and nouncements and interstitials, and interstitials. Licensees that multicast have that programming count as Core are permitted to air up to 13 hours per Programming, as described in para- quarter of regularly scheduled weekly graph (d) of this section; programming on a multicast stream. (5) For commercial broadcast sta- The remainder of a station’s Core Pro- tions only, the program is identified as gramming must be aired on the sta- specifically designed to educate and in- tion’s primary stream. Licensees that form children by the display on the tel- do not meet the processing guidelines evision screen throughout the program in this paragraph (d) will be referred to of the symbol E/I; the Commission, where they will have (6) The target child audience is speci- full opportunity to demonstrate com- fied in writing in the licensee’s Chil- pliance with the CTA by relying in part

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on sponsorship of Core educational/in- within the seven days before the date formational programs on other sta- the episode was originally scheduled to tions in the market that increases the air, the station must make the on-air amount of Core educational and infor- notification during the same timeslot mational programming on the station as the preceding week’s episode of that airing the sponsored program and/or on program. If the station intends to air special non-broadcast efforts which en- the rescheduled episode within the hance the value of children’s edu- seven days after the date the pre- cational and informational television empted episode was originally sched- programming. uled to air, the station must make the (e) A station that preempts an epi- on-air notification during the timeslot sode of a regularly scheduled weekly when the preempted episode was origi- Core Program will be permitted to nally scheduled to air. The on-air noti- count the episode toward the proc- fication must include the alternate essing guidelines set forth in paragraph date and time when the program will (d) of this section as follows: air. (1) A station that preempts an epi- (3) A station that preempts an episode of a regularly scheduled weekly sode of a regularly scheduled weekly Core Program on its primary stream Core Program to air non-regularly will be permitted to air the resched- scheduled live programming produced uled episode on its primary stream at locally by the station will not be re- any time during Core Programming quired to reschedule the episode. hours within seven days before or seven days after the date the episode was NOTE 1 TO § 73.671: For purposes of determining under this section whether program- originally scheduled to air. The broad- ming has a significant purpose of serving the cast station must make an on-air noti- educational and informational needs of chil- fication of the schedule change during dren, the Commission will ordinarily rely on the same time slot as the preempted the good faith judgments of the licensee. episode. If a station intends to air the Commission review of compliance with that rescheduled episode within the seven element of the definition will be done only as days before the date the episode was a last resort. originally scheduled to air, the station [56 FR 19616, Apr. 29, 1991. Redesignated at 56 must make the on-air notification dur- FR 28825, June 25, 1991, as amended at 61 FR ing the same timeslot as the preceding 43997, Aug. 27, 1996; 70 FR 37, Jan. 3, 2005; 71 week’s episode of that program. If the FR 64165, Nov. 1, 2006; 83 FR 5544, Feb. 8, 2018; station intends to air the rescheduled 84 FR 41934, 41935, Aug. 16, 2019] episode within the seven days after the § 73.672 [Reserved] date the preempted episode was originally scheduled to air, the station § 73.673 Public information initiatives must make the on-air notification dur- regarding educational and informa- ing the timeslot when the preempted tional programming for children. episode was originally scheduled to air. Each commercial television broad- The on-air notification must include cast station licensee shall provide in- the alternate date and time when the formation identifying programming program will air. specifically designed to educate and in- (2) A station that preempts an epi- form children to publishers of program sode of a regularly scheduled weekly guides. Core Program on a multicast stream will be permitted to air the resched- [70 FR 9877, Mar. 1, 2005, as amended at 84 FR uled episode on that same multicast 41935, Aug. 16, 2019] stream at any time during Core Pro- gramming hours within seven days be- § 73.681 Definitions. fore or seven days after the date the Amplitude modulation (AM). A system episode was originally scheduled to air. of modulation in which the envelope of The broadcast station must make an the transmitted wave contains a com- on-air notification of the schedule ponent similar to the wave form of the change during the same time slot as signal to be transmitted. the preempted episode. If a station in- Antenna electrical beam tilt. The shap- tends to air the rescheduled episode ing of the radiation pattern in the

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vertical plane of a transmitting an- main facility is not in operation (e.g., tenna by electrical means so that max- where tower work necessitates turning imum radiation occurs at an angle off the main antenna or where light- below the horizontal plane. ning has caused damage to the main Antenna height above average terrain. antenna or transmission system) (See The average of the antenna heights § 73.1675). above the terrain from approximately BTSC. Broadcast Television systems 3.2 (2 miles) to 16.1 kilometers (10 committee recommendation for multi- miles) from the antenna for the eight channel television sound transmission directions spaced evenly for each 45 de- and audio processing as defined in FCC grees of azimuth starting with True Bulletin OET 60. North. (In general, a different antenna Baseband. Aural transmitter input height will be determined in each di- signals between 0 and 120 kHz. rection from the antenna. The average Blanking level. The level of the signal of these various heights is considered during the blanking interval, except the antenna height above the average the interval during the scanning syn- terrain. In some cases less than 8 direc- chronizing pulse and the chrominance tions may be used. See § 73.684(d)). subcarrier synchronizing burst. Where circular or elliptical polariza- Chrominance. The colorimetric dif- tion is employed, the antenna height ference between any color and a ref- above average terrain shall be based erence color of equal luminance, the upon the height of the radiation center reference color having a specific chro- of the antenna which transmits the horizontal component of radiation. maticity. Antenna mechanical beam tilt. The in- Chrominance subcarrier. The carrier tentional installation of a transmitting which is modulated by the chro- antenna so that its axis is not vertical, minance information. in order to change the normal angle of Color transmission. The transmission maximum radiation in the vertical of color television signals which can be plane. reproduced with different values of Antenna power gain. The square of the hue, saturation, and luminance. ratio of the root-mean-square free Effective radiated power. The product space field strength produced at 1 kilo- of the antenna input power and the an- meter in the horizontal plane, in tenna power gain. This product should millivolts per meter for one kW an- be expressed in kW and in dB above 1 tenna input power to 221.4 mV/m. This kW (dBk). (If specified for a particular ratio should be expressed in decibels direction, effective radiated power is (dB). (If specified for a particular direc- based on the antenna power gain in tion, antenna power gain is based on that direction only. The licensed effec- the field strength in that direction tive radiated power is based on the only.) maximum antenna power gain. When a Aspect ratio. The ratio of picture station is authorized to use a direc- width to picture height as transmitted. tional antenna or an antenna beam Aural center frequency. (1) The aver- tilt, the direction of the maximum ef- age frequency of the emitted wave fective radiated power will be speci- when modulated by a sinusoidal signal; fied.) Where circular or elliptical polar- (2) the frequency of the emitted wave ization is employed, the term effective without modulation. radiated power is applied separately to Aural transmitter. The radio equip- the horizontally and vertically polar- ment for the transmission of the aural ized components of radiation. For as- signal only. signment purposes, only the effective Auxiliary facility. An auxiliary facil- radiated power authorized for the hori- ity is an antenna separate a from the zontally polarized component will be main facility’s antenna, permanently considered. installed on the same tower or at a dif- Equivalent isotropically radiated power ferent location, from which a station (EIRP). The term ‘‘equivalent may broadcast for short periods with- isotropically radiated power’’ (also out prior Commission authorization or known as ‘‘effective radiated power notice to the Commission while the above isotropic’’) means the product of

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the antenna input power and the an- IRE stand- Level ard scale Modulation tenna gain in a given direction relative (units) percentage to an isotropic antenna. Field. Scanning through the picture Zero carrier ...... 120 0 Reference white ...... 100 12.5 area once in the chosen scanning pat- Blanking ...... 0 75 tern. In the line interlaced scanning Synchronizing peaks (maximum pattern of two to one, the scanning of carrier level) ...... ¥40 100 the alternate lines of the picture area once. Luminance. Luminous flux emitted, reflected, or transmitted per unit solid Frame. Scanning all of the picture angle per unit projected area of the area once. In the line interlaced scan- source. ning pattern of two to one, a frame Main channel. The band of fre- consists of two fields. quencies from 50 to 15,000 Hertz which Free space field strength. The field frequency modulate the main aural strength that would exist at a point in carrier. the absence of waves reflected from the Monochrome transmission. The trans- earth or other reflecting objects. mission of television signals which can Frequency departure. The amount of be reproduced in gradations of a single variation of a carrier frequency or cen- color only. ter frequency from its assigned value. Multichannel Television Sound (MTS). Frequency deviation. The peak dif- Any system of aural transmission that ference between the instantaneous fre- utilizes aural baseband operation be- quency of the modulated wave and the tween 15 kHz and 120 kHz to convey in- carrier frequency. formation or that encodes digital infor- Frequency modulation (FM). A system mation in the video portion of the tele- of modulation where the instantaneous vision signal that is intended to be de- radio frequency varies in proportion to coded as audio information. the instantaneous amplitude of the Multiplex Transmission (Aural). A sub- modulating signal (amplitude of modu- channel added to the regular aural car- lating signal to be measured after pre- rier of a television broadcast station by emphasis, if used) and the instanta- means of frequency modulated subcar- neous radio frequency is independent of riers. the frequency of the modulating signal. Negative transmission. Where a de- Frequency swing. The peak difference crease in initial light intensity causes between the maximum and the min- an increase in the transmitted power. imum values of the instantaneous fre- Peak power. The power over a radio quency of the carrier wave during mod- frequency cycle corresponding in am- ulation. plitude to synchronizing peaks. Percentage modulation. As applied to Interlaced scanning. A scanning proc- frequency modulation, the ratio of the ess in which successively scanned lines actual frequency deviation to the fre- are spaced an integral number of line quency deviation defined as 100% mod- widths, and in which the adjacent lines ulation expressed in percentage. For are scanned during successive cycles of the aural transmitter of TV broadcast the field frequency. stations, a frequency deviation of ±25 IRE standard scale. A linear scale for kHz is defined as 100% modulation. measuring, in IRE units, the relative Pilot subcarrier. A subcarrier used in amplitudes of the components of a tele- the reception of TV stereophonic aural vision signal from a zero reference at or other subchannel broadcasts. blanking level, with picture informa- Polarization. The direction of the tion falling in the positive, and syn- electric field as radiated from the chronizing information in the negative transmitting antenna. domain. Program related data signal. A signal, consisting of a series of pulses rep- NOTE: When a carrier is amplitude modulated by a television signal in accordance resenting data, which is transmitted si- with § 73.682, the relationship of the IRE multaneously with and directly related standard scale to the conventional measure to the accompanying television proof modulation is as follows: gram.

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Reference black level. The level cor- Visual transmitter. The radio equip- responding to the specified maximum ment for the transmission of the visual excursion of the luminance signal in signal only. the black direction. Visual transmitter power. The peak Reference white level of the luminance power output when transmitting a signal. The level corresponding to the standard television signal. specified maximum excursion of the lu- [28 FR 13660, Dec. 14, 1963] minance signal in the white direction. Scanning. The process of analyzing EDITORIAL NOTE: For FEDERAL REGISTER ci- successively, according to a predeter- tations affecting § 73.681, see the List of CFR Sections Affected, which appears in the mined method, the light values of pic- Finding Aids section of the printed volume ture elements constituting the total and at www.govinfo.gov. picture area. Scanning line. A single continuous § 73.682 TV transmission standards. narrow strip of the picture area con- (a) Transmission standards. (1) The taining highlights, shadows, and half- width of the television broadcast chan- tones, determined by the process of nel shall be 6 MHz. scanning. (2) The visual carrier frequency shall Standard television signal. A signal be nominally 1.25 MHz above the lower which conforms to the television trans- boundary of the channel. mission standards. (3) The aural center frequency shall Synchronization. The maintenance of be 4.5 MHz higher than the visual car- one operation in step with another. rier frequency. Television broadcast band. The fre- (4) The visual transmission ampli- quencies in the band extending from 54 tude characteristic shall be in accord- to 806 megahertz which are assignable ance with the chart designated as Fig- to television broadcast stations. These ure 5 of § 73.699: Provided, however, That frequencies are 54 to 72 megahertz for stations operating on Channel 15 (channels 2 through 4), 76 to 88 mega- through 69 and employing a trans- hertz (channels 5 and 6), 174 to 216 mitter with maximum peak visual megahertz (channels 7 through 13), and power output of 1 kW or less the visual 470 to 806 megahertz (channels 14 transmission amplitude characteristic through 69). may be in accordance with the chart Television broadcast station. A station designated as Figure 5a of § 73.699. in the television broadcast band trans- (5) The chrominance subcarrier fre- mitting simultaneous visual and aural quency is 63/88 times precisely 5 MHz signals intended to be received by the (3.57954545 . . . MHz). The tolerance is general public. ±10 Hz and the rate of frequency drift Television channel. A band of fre- must not exceed 0.1 Hz per second (cy- quencies 6 MHz wide in the television cles per second squared). broadcast band and designated either (6) For monochrome and color trans- by number or by the extreme lower and missions the number of scanning lines upper frequencies. per frame shall be 525, interlaced two Television transmission standards. The to one in successive fields. The hori- standards which determine the charac- zontal scanning frequency shall be 2/455 teristics of a television signal as radi- times the chrominance subcarrier fre- ated by a television broadcast station. quency; this corresponds nominally to Television transmitter. The radio 15,750 Hz with an actual value of transmitter or transmitters for the 15,734.264 ±0.044 Hz). The vertical scan- transmission of both visual and aural ning frequency is 2/525 times the hori- signals. zontal scanning frequency; this cor- Vestigial sideband transmission. A sys- responds nominally to 60 Hz (the actual tem of transmission wherein one of the value is 59.94 Hz). For monochrome generated sidebands is partially at- transmissions only, the nominal values tenuated at the transmitter and radi- of line and field frequencies may be ated only in part. used. Visual carrier frequency. The fre- (7) The aspect ratio of the trans- quency of the carrier which is modu- mitted television picture shall be 4 lated by the picture information. units horizontally to 3 units vertically.

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(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, (iii) All stations operating on Chan- shall not exceed 5 percent of the aver- nels 2 through 14 and those stations op- age scanning synchronizing peak signal erating on Channels 15 through 69 li- amplitude. This provision is subject to censed for a peak visual transmitter change but is considered the best prac- output power greater than one kW tice under the present state of the art. shall comply with the picture trans- It will not be enforced pending a fur- mission amplitude characteristics ther determination thereof. shown in Figure 5 of § 73.699. (17) The reference black level shall be (iv) Stations operating on Channels separated from the blanking level by 15 through 69 licensed for a peak visual the setup interval, which shall be transmitter output power of one kW or 7.5±2.5 percent of the video range from less shall comply with the picture blanking level to the reference white transmission amplitude characteristic level. shown in Figure 5 or 5a of § 73.699. (18) For monochrome transmission, (10) A decrease in initial light inten- the transmitter output shall vary in sity shall cause an increase in radiated substantially inverse logarithmic rela- power (negative transmission). tion to the brightness of the subject. (11) The reference black level shall be No tolerances are set at this time. This represented by a definite carrier level, provision is subject to change but is independent of light and shade in the considered the best practice under the picture. present state of the art. It will not be (12) The blanking level shall be trans- enforced pending a further determina- mitted at 75±2.5 percent of the peak tion thereof. carrier level. (13) The reference white level of the (19) The color picture signal shall luminance signal shall be 12.5±2.5 per- correspond to a luminance component cent of the peak carrier level. transmitted as amplitude modulation (14) It shall be standard to employ of the picture carrier and a simulta- horizontal polarization. However, cir- neous pair of chrominance components cular or elliptical polarization may be transmitted as the amplitude modula- employed if desired, in which case tion sidebands of a pair of suppressed clockwise (right hand) rotation, as de- subcarriers in quadrature. fined in the IEEE Standard Definition (20) Equation of complete color sig- 42A65–3E2, and transmission of the hor- nal. izontal and vertical components in (i) The color picture signal has the time and space quadrature shall be following composition: used. For either omnidirectional or di- EM=EY′ + [EQ′ sin (wt + 33°) + EI′ cos (wt rectional antennas the licensed effec- + 33°)] tive radiated power of the vertically polarized component may not exceed Where:

the licensed effective radiated power of EQ′ = 0.41(EB′¥EY′) + 0.48(ER′¥EY′). the horizontally polarized component. EI′=¥0.27(EB′¥EY′) + 0.74(ER′¥EY′). For directional antennas, the max- EY′ = 0.30ER′ + 0.59EG′ + 0.¥1EB′. 192

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For color-difference frequencies below and having a transfer gradient (gamma 500 kHz (see (iii) below), the signal can exponent) of 2.2 associated with each be represented by: primary color. The voltages ER′, EG′, and EB′ may be respectively of the form EM=EY′ + [(1/1.14)[(1/1.78)(EB′¥EY′) sin wt 1 1 1 ER /g, EG /g, and EB /g although other + (ER′¥EY′) cos wt]] (ii) The symbols in paragraph forms may be used with advances in (a)(20)(i) of this section have the fol- the state of the art. lowing significance: NOTE: At the present state of the art it is considered inadvisable to set a tolerance on EM is the total video voltage, corresponding to the scanning of a particular picture the value of gamma and correspondingly this element, applied to the modulator of the portion of the specification will not be en- picture transmitter. forced. ′ EY is the gamma-corrected voltage of the (v) The radiated chrominance subcar- monochrome (black-and-white) portion rier shall vanish on the reference white of the color picture signal, corresponding to the given picture element. of the scene. NOTE: Forming of the high frequency por- NOTE: The numerical values of the signal tion of the monochrome signal in a different specification assume that this condition will manner is permissible and may in fact be de- be reproduced as CIE Illuminant C (x = 0.310, sirable in order to improve the sharpness on y = 0.316). saturated colors. (vi) EY′, EQ′, EI′, and the components ′ ′ EQ and EI are the amplitudes of two or- of these signals shall match each other thogonal components of the chrominance in time to 0.05 μsecs. signal corresponding respectively to narrow- band and wide-band axes. (vii) The angles of the subcarrier ER′, EG′, and EB′ are the gamma-corrected measured with respect to the burst voltages corresponding to red, green, and phase, when reproducing saturated pri- blue signals during the scanning of the given maries and their complements at 75 picture element. percent of full amplitude, shall be w is the angular frequency and is 2 times within ±10° and their amplitudes shall the frequency of the chrominance subcarrier. ± The portion of each expression between be within 20 percent of the values brackets in (i) represents the chrominance specified above. The ratios of the meas- subcarrier signal which carries the chro- ured amplitudes of the subcarrier to minance information. the luminance signal for the same The phase reference in the EM equation in saturated primaries and their com- (i) is the phase of the burst + 180°, as shown plements shall fall between the limits in Figure 8 of § 73.699. The burst corresponds of 0.8 and 1.2 of the values specified for to amplitude modulation of a continuous sine wave. their ratios. Closer tolerances may prove to be practicable and desirable (iii) The equivalent bandwidth as- with advance in the art. signed prior to modulation to the color (21) The interval beginning with line ′ ′ difference signals EQ and EI are as fol- 17 and continuing through line 20 of the lows: vertical blanking interval of each field Q-channel bandwidth: may be used for the transmission of At 400 kHz less than 2 dB down. test signals, cue and control signals, At 500 kHz less than 6 dB down. and identification signals, subject to At 600 kHz at least 6 dB down. the conditions and restrictions set I-channel bandwidth: At 1.3 MHz less than 2 dB down. forth below. Test signals may include At 3.6 MHz at least 20 dB down. signals designed to check the performance of the overall transmission sys- (iv) The gamma corrected voltages tem or its individual components. Cue ′ ′ ′ ER , EG , and EB are suitable for a color and control signals shall be related to picture tube having primary colors the operation of the TV broadcast sta- with the following chromaticities in tion. Identification signals may be the CIE system of specification: transmitted to identify the broadcast x y material or its source, and the date and time of its origination. Figures 6 and 7 Red (R) ...... 0.67 0.33 Green (G) ...... 0.21 0.71 of § 73.699 identify the numbered lines Blue (B) ...... 0.14 0.08 referred to in this paragraph.

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(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 ref- NOTE: The signals on Fields 1 and 2 shall be erence white level and the blanking distinct data streams, for example, to supply level, except where test signals include captions in different languages or at dif- chrominance subcarrier frequencies, in ferent reading levels. which case positive excursions of chrominance components may exceed ref- (ii) At times when Line 21 is not erence white, and negative excursions being used to transmit a program re- may extend into the synchronizing lated data signal, data signals which area. In no case may the modulation are not program related may be trans- excursions produced by test signals ex- mitted, Provided: the same data format tend beyond peak-of-sync, or to zero is used and the information to be dis- carrier level. played is of a broadcast nature. (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. cupied for normal program trans- (iv) The data signal shall cause no missions. significant degradation to any portion (iii) Such signals may not be trans- of the visual signal nor produce emis- mitted during that portion of each line sions outside the authorized television devoted to horizontal blanking. channel. (iv) Regardless of other provisions of (v) Transmission of visual emergency this paragraph, after June 30, 1994, Line messages pursuant to § 73.1250 shall 19, in each field, may be used only for take precedence and shall be cause for the transmission of the ghost-canceling interrupting transmission of data sig- reference signal described in OET Bul- nals permitted under this paragraph. letin No. 68, which is available from (23) Specific scanning lines in the the FCC Warehouse, 9300 East Hampton vertical blanking interval may be used Drive, Capitol Heights, MD 20743. Not- for the purpose of transmitting tele- withstanding the modulation limits communications signals in accordance contained in paragraph (a)(23)(i) of this with § 73.646, subject to certain condi- section, the vertical interval reference tions: signal formerly permitted on Line 19 (i) Telecommunications may be and described in Figure 16 of § 73.699, transmitted on Lines 10–18 and 20, all may be transmitted on any of lines 10 of Field 2 and Field 1. Modulation level through 16 without specific Commis- shall not exceed 70 IRE on lines 10, 11, sion authorization, subject to the con- and 12; and, 80 IRE on lines 13–18 and ditions contained in paragraphs 20. (a)(21)(ii) and (a)(22)(ii) of this section. (ii) No observable degradation may (22)(i) Line 21, in each field, may be used for the transmission of a program- be caused to any portion of the visual related data signal which, when de- or aural signals. coded, provides a visual depiction of in- (iii) Telecommunications signals formation simultaneously being pre- must not produce emissions outside the sented on the aural channel (captions). authorized television channel band- Line 21, field 2 may be used for trans- width. Digital data pulses must be mission of a program-related data sig- shaped to limit spectral energy to the nal which, when decoded, identifies a nominal video baseband. rating level associated with the cur- (iv) Transmission of emergency vis- rent program. Such data signals shall ual messages pursuant to § 73.1250 must conform to the format described in fig- take precedence over, and shall be ure 17 of § 73.699 of this chapter, and cause for interrupting, a service such may be transmitted during all periods as teletext that provides a visual depic- of regular operation. On a space avail- tion of information simultaneously able basis, line 21 field 2 may also be transmitted on the aural channel.

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(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 field, except it does not include that for transmitting encoded subscription portion of each line devoted to hori- programming, deviations from the zontal blanking. Figures 6 and 7 of power determination procedures, oper- § 73.699 identify the numbered line re- ating power levels, aural or video ferred to in this paragraph; baseband signals, modulation levels or (ii) Inserted non-video data may be other characteristics of the trans- used for the purpose of transmitting a mitted signal as otherwise specified in telecommunications service in accord- this Subpart. Any decision to approve ance with § 73.646. In addition to a tele- such operating deviations shall be sole- communications service, non-video ly at the discretion of the FCC. data can be used to enhance the sta- (c) TV multiplex subcarrier/stereo- tion’s broadcast program service or for phonic aural transmission standards. purposes related to station operations. (1) The modulating signal for the Signals relating to the operation of TV main channel shall consist of the sum stations include, but are not limited to of the stereophonic (biphonic, program or source identification, relay quadraphonic, etc.) input signals. of broadcast materials to other sta- (2) The instantaneous frequency of tions, remote cueing and order mes- the baseband stereophonic subcarrier sages, and control and telemetry sig- must at all times be within the range nals for the transmitting system; and 15 kHz to 120 kHz. Either amplitude or (iii) A station may only use systems frequency modulation of the stereo- for inserting non-video information phonic subcarrier may be used. that have been approved in advance by (3) One or more pilot subcarriers be- the Commission. The criteria for ad- tween 16 kHz and 120 kHz may be used vance approval of systems are as fol- to switch a TV receiver between the lows: stereophonic and monophonic recep- (A) The use of such signals shall not tion modes or to activate a stereo- result in significant degradation to any phonic audio indicator light, and one portion of the visual, aural, or pro- or more subcarriers between 15 kHz and gram-related data signals of the tele- 120 kHz may be used for any other au- vision broadcast station; thorized purpose; except that stations (B) No increase in width of the tele- employing the BTSC system of stereo- vision broadcast channel (6 MHz) is phonic sound transmission and audio permitted. Emissions outside the au- processing may transmit a pilot sub- thorized television channel must not carrier at 15,734 Hz, ±2 Hz. Other meth- exceed the limitations given in ods of multiplex subcarrier or stereo- § 73.687(e). Interference to reception of phonic aural transmission systems television service either of co-channel must limit energy at 15,734 Hz, ±20 Hz,

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to no more than ±0.125 kHz aural car- 69: ‘‘Recommended Practice PSIP Im- rier deviation. plementation Guidelines for Broad- (4) Aural baseband information above casters,’’ (June 25, 2002) (Secs. 4, 5, 303, 120 kHz must be attenuated 40 dB ref- 48 Stat., as amended, 1066, 1068, 1082 (47 erenced to 25 kHz main channel devi- U.S.C. 154, 155, 303)). ATSC A/54A and ation of the aural carrier. ATSC A/69 are available from Advanced (5) For required transmitter perform- Television Systems Committee ance, all of the requirements of (ATSC), 1750 K Street, NW., Suite 1200, § 73.687(b) shall apply to the main chan- Washington, DC 20006, or at the ATSC nel, with the transmitter in the multi- Web site: http://www.atsc.org/stand- plex subcarrier or stereophonic aural ards.html. mode. (e) Transmission of commercial adver- (6) For electrical performance stand- tisements by television broadcast station. ards of the transmitter, the require- (1) Mandatory compliance with ATSC A/ ments of § 73.687(b) apply to the main 85 RP. Effective December 13, 2012, tele- channel. vision broadcast stations must comply (7) Multiplex subcarrier or stereo- with the ATSC A/85 RP incorporated by phonic aural transmission systems reference, see § 73.8000), insofar as it must be capable of producing and must concerns the transmission of commer- not exceed ±25 kHz main channel devi- cial advertisements. ation of the aural carrier. (2) Commercials inserted by station. A (8) The arithmetic sum of non-multi- television broadcast station that in- phonic baseband signals between 15 stalls, utilizes, and maintains in a com- kHz and 120 kHz must not exceed ±50 mercially reasonable manner the kHz deviation of the aural carrier. equipment and associated software to (9) Total modulation of the aural car- comply with ATSC A/85 RP shall be rier must not exceed ±75 kHz. deemed in compliance with respect to (d) Digital broadcast television trans- locally inserted commercials, which for mission standard. Effective October 11, the purposes of this provision are com- 2011 transmission of digital broadcast mercial advertisements added to a pro- television (DTV) signals shall comply gramming stream by a station prior to with the standards for such trans- or at the time of transmission to view- missions set forth in ATSC A/52: ers. In order to be considered to have ‘‘ATSC Standard Digital Audio Com- installed, utilized and maintained the pression (AC–3)’’, ATSC A/53, Parts 1–4 equipment and associated software in a and 6: 2007 ‘‘ATSC Digital Television commercially reasonable manner, a Standard,’’ (January 3, 2007), and ATSC television broadcast station must: A/53 Part 5:2010 ‘‘ATSC Digital Tele- (i) Install, maintain and utilize vision Standard: Part 5—AC–3 Audio equipment to properly measure the System Characteristic,’’ (July 6, 2010), loudness of the content and to ensure except for section 6.1.2 (‘‘Compression that the dialnorm metadata value cor- Format Constraints’’) of A/53 Part 4: rectly matches the loudness of the con- 2007 (‘‘MPEG–2 Video Systems Charac- tent when encoding the audio into AC– teristics’’) and the phrase ‘‘see Table 3 for transmitting the content to the 6.2’’ in section 6.1.1 Table 6.1 and sec- consumer; tion 6.1.3 Table 6.3, and ATSC A/65C: (ii) Provide records showing the con- ‘‘ATSC Program and System Informa- sistent and ongoing use of this equip- tion Protocol for Terrestrial Broadcast ment in the regular course of business and Cable, Revision C With Amend- and demonstrating that the equipment ment No. 1 dated May 9, 2006,’’ (Janu- has undergone commercially reason- ary 2, 2006) (all standards incorporated able periodic maintenance and testing by reference, see § 73.8000). Although to ensure its continued proper oper- not incorporated by reference, licens- ation; ees may also consult ATSC A/54A: (iii) Certify that it either has no ac- ‘‘Recommended Practice: Guide to Use tual knowledge of a violation of the of the ATSC Digital Television Stand- ATSC A/85 RP, or that any violation of ard, including Corrigendum No. 1,’’ which it has become aware has been (December 4, 2003, Corrigendum No. 1 corrected promptly upon becoming dated December 20, 2006, and ATSC A/ aware of such a violation; and

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(iv) Certify that its own transmission form annual spot checks but must per- equipment is not at fault for any pat- form a spot check, as defined in tern or trend of complaints. § 73.682(e)(3)(iv)(A), (B), (D), and (E), on (3) Embedded commercials—safe harbor. programming in response to an en- With respect to embedded commer- forcement inquiry concerning a pattern cials, which, for the purposes of this or trend of complaints regarding com- provision, are those commercial adver- mercials contained in that program- tisements placed into the programming ming. stream by a third party (i.e., pro- (iv) For purposes of this section, a grammer) and passed through by the ‘‘spot check’’ of embedded commercials station to viewers, a television broad- requires monitoring 24 uninterrupted cast station must certify that its own hours of programming with an audio transmission equipment is not at fault loudness meter employing the meas- for any pattern or trend of complaints, urement technique specified in the and may demonstrate compliance with ATSC A/85 RP, and reviewing the the ATSC A/85 RP through one of the records from that monitoring to detect following methods: any commercials transmitted in viola- (i) Relying on a network’s or other tion of the ATSC A/85 RP. The tele- programmer’s certification of compli- vision broadcast station must not in- ance with the ATSC A/85 RP with re- form the network or programmer of spect to commercial programming, the spot check prior to performing it. provided that: (A) Spot-checking must be conducted (A) The certification is widely avail- after the signal has passed through the able by Web site or other means to any television broadcast station’s proc- television broadcast station, cable op- essing equipment (e.g., at the output of erator, or multichannel video program- a television receiver). If a problem is ming distributor that transmits that found, the television broadcast station programming; and must determine the source of the non- (B) The television broadcast station compliance. has no reason to believe that the cer- (B) To be considered valid, the tele- tification is false; and vision broadcast station must dem- (C) The television broadcast station onstrate appropriate maintenance performs a spot check, as defined in records for the audio loudness meter. § 73.682(e)(3)(iv)(A), (B), (D), and (E), on (C) With reference to the annual programming in response to an en- ‘‘safe harbor’’ spot check in forcement inquiry concerning a pattern § 73.682(e)(3)(ii): or trend of complaints regarding com- (1) To be considered valid, the tele- mercials contained in that program- vision broadcast station must dem- ming. onstrate, at the time of any enforce- (ii) If transmitting any programming ment inquiry, that appropriate spot that is not certified as described in checks had been ongoing. § 73.682(e)(3)(i), a television broadcast (2) If there is no single 24 hour period station that had more than $14,000,000 in which all programmers of a given in annual receipts for the calendar year program stream are represented, an an- 2011 must perform annual spot checks, nual spot check may consist of a series as defined in § 73.682(e)(3)(iv)(A), (B), of loudness measurements over the (C), and (E), of all the non-certified course of a 7 day period, totaling no commercial programming it receives fewer than 24 hours, that measure at from a network or other programmer least one program, in its entirety, pro- and perform a spot check, as defined in vided by each non-certified pro- § 73.682(e)(3)(iv)(A), (B), (D), and (E), on grammer that supplies programming programming in response to an en- for that program stream. forcement inquiry concerning a pattern (3) If annual spot checks are per- or trend of complaints regarding com- formed for two consecutive years with- mercials contained in that program- out finding evidence of noncompliance ming; with the ATSC A/85 RP, no further an- (iii) A television broadcast station nual spot checks are required to re- that had $14,000,000 or less in annual remain in the safe harbor for existing ceipts for the year 2011 need not per- programming.

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(4) Non-certified program streams station remains in the safe harbor for must be spot-checked annually using that program stream. the approach described in this section. (2) If the follow-up spot check shows If annual spot checks of the program noncompliance with the ATSC A/85 RP, stream are performed for two consecu- the station will not be in the safe har- tive years without finding evidence of bor with respect to commercials con- noncompliance with the ATSC A/85 RP, tained in the program stream for which no further annual spot checks are re- the spot check showed noncompliance quired to remain in the safe harbor for until a subsequent spot check shows that program stream. that the program stream is in compli- (5) Even after the two year period for ance. annual spot checks, if a spot check (4) Use of a real-time processor. A tele- shows noncompliance on a non-cer- vision broadcast station that installs, tified program stream, the station maintains and utilizes a real-time must once again perform annual spot processor in a commercially reasonable checks of that program stream to be in manner will be deemed in compliance the safe harbor for that programming. with the ATSC A/85 RP with regard to If these renewed annual spot checks any commercial advertisements on are performed for two consecutive which it uses such a processor, so long years without finding additional evi- as it also: dence of noncompliance with the ATSC (i) Provides records showing the con- A/85 RP, no further annual spot checks sistent and ongoing use of this equip- are required to remain in the safe har- ment in the regular course of business bor for that program stream. and demonstrating that the equipment (D) With reference to the spot checks has undergone commercially reason- in response to an enforcement inquiry able periodic maintenance and testing to ensure its continued proper oper- pursuant to § 73.682(e)(3)(i)(C), (2), or (3): ation; (1) If notified of a pattern or trend of (ii) Certifies that it either has no ac- complaints, the television broadcast tual knowledge of a violation of the station must perform the 24-hour spot ATSC A/85 RP, or that any violation of check of the program stream at issue which it has become aware has been within 30 days or as otherwise specified corrected promptly upon becoming by the Enforcement Bureau; and aware of such a violation; and (2) If the spot check reveals actual (iii) Certifies that its own trans- compliance, the television broadcast mission equipment is not at fault for station must notify the Commission in any pattern or trend of complaints. its response to the enforcement in- (5) Commercials locally inserted by a quiry. station’s agent—safe harbor. With re- (E) If any spot check shows non- spect to commercials locally inserted, compliance with the ATSC A/85 RP, the which for the purposes of this provision television station must notify the are commercial advertisements added Commission and the network or pro- to a programming stream for the tele- grammer within 7 days, direct the provision broadcast station by a third grammer’s attention to any relevant party after it has been received from complaints, and must perform a follow- the programmer but prior to or at the up spot check within 30 days of pro- time of transmission to viewers, a sta- viding such notice. The station must tion may demonstrate compliance with notify the Commission and the net- the ATSC A/85 RP by relying on the work or programmer of the results of third party local inserter’s certifi- the follow-up spot check. Notice to the cation of compliance with the ATSC A/ Federal Communications Commission 85 RP, provided that: must be provided to the Chief, Inves- (i) The television broadcast station tigations and Hearings Division, En- has no reason to believe that the cer- forcement Bureau, or as otherwise di- tification is false; rected in a Letter of Inquiry to which (ii) The television broadcast station the station is responding. certifies that its own transmission (1) If the follow-up spot check shows equipment is not at fault for any pat- compliance with the ATSC A/85 RP, the tern or trend of complaints; and

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(iii) The television broadcast station the air primary video programming performs a spot check, as defined in stream. § 73.682(e)(3)(iv)(A), (B), (D), and (E), on NOTE TO § 73.682: For additional informa- the programming at issue in response tion regarding this requirement, see Imple- to an enforcement inquiry concerning a mentation of the Commercial Advertisement pattern or trend of complaints regard- Loudness Mitigation (CALM) Act, FCC 11– ing commercials inserted by that third 182. party. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, (6) Instead of demonstrating compli- 1068, 1082 (47 U.S.C. 154, 155, 303)) ance pursuant to paragraphs (e)(2) [28 FR 13660, Dec. 14, 1963] through (5) of this section, a station EDITORIAL NOTE: For FEDERAL REGISTER ci- may demonstrate compliance with tations affecting § 73.682, see the List of CFR paragraph (e)(1) of this section in re- Sections Affected, which appears in the sponse to an enforcement inquiry Finding Aids section of the printed volume prompted by a pattern or trend of com- and at www.govinfo.gov. plaints by demonstrating actual compliance with ATSC A/85 RP with regard § 73.683 Field strength contours and presumptive determination of field to the commercial advertisements that strength at individual locations. are the subject of the inquiry, and certifying that its own transmission (a) In the authorization of TV sta- equipment is not at fault for any such tions, two field strength contours are pattern or trend of complaints. considered. These are specified as Grade A and Grade B and indicate the (f) Next Gen TV broadcast television approximate extent of coverage over transmission standard authorized. (1) As average terrain in the absence of inter- an alternative to broadcasting only an ference from other television stations. ATSC 1.0 signal using the DTV trans- Under actual conditions, the true cov- mission standard set forth in para- erage may vary greatly from these es- graph (d) of this section, DTV licensees timates because the terrain over any or permittees may choose to broadcast specific path is expected to be different an ATSC 3.0 signal using the Next Gen from the average terrain on which the TV transmission standard set forth in field strength charts were based. The this paragraph (f), provided it also required field strength, F (50,50), in dB broadcasts a simulcast signal in ATSC above one micro-volt per meter (dBu) 1.0 (using the DTV transmission stand- for the Grade A and Grade B contours ard in § 73.682(d)). are as follows: (2) Effective March 5, 2018, transmission of Next Gen TV broadcast tele- Grade A Grade B (dBu) (dBu) vision (ATSC 3.0) signals shall comply with the standards for such trans- Channels 2–6 ...... 68 47 Channels 7–13 ...... 71 56 missions set forth in ATSC A/321:2016, Channels 14–69 ...... 74 64 ‘‘System Discovery and Signaling’’ (March 23, 2016) (incorporated by ref- (b) It should be realized that the F erence, see § 73.8000). To the extent that (50,50) curves when used for Channels virtual channels (specified in the DTV 14–69 are not based on measured data at transmission standard referenced in distances beyond about 48.3 kilometers ATSC A/65C:2006 in paragraph (d) of (30 miles). Theory would indicate that this section) are used in the trans- the field strengths for Channels 14–69 mission of Next Gen TV broadcasting, should decrease more rapidly with dis- major channel numbers shall be as- tance beyond the horizon than for signed as required by ATSC A/65C:2006 Channels 2–6, and modification of the Annex B (incorporated by reference, curves for Channels 14–69 may be ex- see § 73.8000). In addition, until March 6, pected as a result of measurements to 2023, such signals shall also comply be made at a later date. For these rea- with the standards set forth in ATSC sons, the curves should be used with A/322:2017 ‘‘Physical Layer Protocol’’ appreciation of their limitations in es- (June 6, 2017) (incorporated by ref- timating levels of field strength. Fur- erence, see § 73.8000) with respect to the ther, the actual extent of service will transmission of at least one free over usually be less than indicated by these

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estimates due to interference from FCC’s Office of Engineering and Tech- other stations. Because of these fac- nology (OET) Web site: http:// tors, the predicted field strength con- www.fcc.gov/oet/info/documents/bulletins/. tours give no assurance of service to (e) If a location was predicted to be any specific percentage of receiver lo- unserved by a local network station cations within the distances indicated. using a version of the ILLR model In licensing proceedings these vari- specified in OET Bulletin No. 72 or OET ations will not be considered. Bulletin No. 73, as appropriate, and the (c) The field strength contours will satellite subscriber at that location is be considered for the following pur- receiving a distant signal affiliated poses only: with the same network from its sat- (1) In the estimation of coverage re- ellite provider, the satellite subscriber sulting from the selection of a par- shall remain eligible for receiving the ticular transmitter site by an appli- distant signal from its satellite pro- cant for a TV station. vider if that location is subsequently (2) In connection with problems of predicted to be served by the local sta- coverage arising out of application of tion due to either a change in the ILLR § 73.3555. model or a change in the station’s op- (3) In determining compliance with erations that change its coverage. § 73.685(a) concerning the minimum (f) A satellite carrier is exempt from field strength to be provided over the the verification requirements of 47 principal community to be served. U.S.C. 339(c)(4)(A) with respect to a (d) For purposes of determining the test requested by a satellite subscriber eligibility of individual households for to whom the retransmission of the sig- satellite retransmission of distant net- nals of local broadcast stations is work signals under the copyright law available under 47 U.S.C. 338 from such provisions of 17 U.S.C. 119(d)(10)(A), carrier. The definitions of satellite car- field strength shall be determined by rier, subscriber, and local market con- the Individual Location Longley-Rice tained in 47 CFR 76.66(a) apply to this (ILLR) propagation prediction model. paragraph (f). Such eligibility determinations shall [44 FR 36039, June 20, 1979, as amended at 47 consider only the signals of network FR 35990, Aug. 18, 1982; 50 FR 23699, June 5, stations located in the subscriber’s 1985; 50 FR 32416, Aug. 12, 1985; 65 FR 36641, Designated Market Area. Guidance for June 9, 2000; 70 FR 21670, Apr. 27, 2005; 75 FR use of the ILLR model in predicting 80363, Dec. 22, 2010] the field strength of analog television signals for such determinations is pro- § 73.684 Prediction of coverage. vided in OET Bulletin No. 72 (stations (a) All predictions of coverage made operating with analog signals include pursuant to this section shall be made some Class A stations licensed under without regard to interference and part 73 of this chapter and some li- shall be made only on the basis of esti- censed low power TV and TV translator mated field strengths. The peak power stations that operate under part 74 of of the visual signal is used in making this chapter). Guidance for use of the predictions of coverage. ILLR model in predicting the field (b) Predictions of coverage shall be strength of digital television signals made only for the same purposes as re- for such determinations is provided in late to the use of field strength con- OET Bulletin No. 73 (stations operating tours as specified in § 73.683(c). with digital signals include all full (c) In predicting the distance to the service stations and some Class A sta- field strength contours, the F (50,50) tions that operate under part 73 of this field strength charts (Figures 9 and 10 chapter and some low power TV and of § 73.699) shall be used. If the 50% field TV translator stations that operate strength is defined as that value ex- under Part 74 of this chapter). OET ceeded for 50% of the time, these F Bulletin No. 72 and OET Bulletin No. 73 (50,50) charts give the estimated 50% are available at the FCC’s Head- field strengths exceeded at 50% of the quarters Building, 445 12th St., SW., locations in dB above 1 uV/m. The Reference Information Center, Room charts are based on an effective power CY–A257, Washington, DC, or at the of 1 kW radiated form a half-wave

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dipole in free space, which produces an use for any other purpose may be inap- unattenuated field strength at 1.61 kil- propriate. ometers (1 mile) of about 103 dB above (2) In case where the relative field 1 uV/m. To use the charts to predict strength at the depression angle deter- the distance to a given contour, the mined by the above formula is 90% or following procedure is used: Convert more of the maximum field strength the effective radiated power in kilo- developed in the vertical plane con- watts for the appropriate azimuth into taining the pertaining radial, the max- decibel value referenced to 1 kW (dBu). imum radiation shall be used. 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 pression angle between the transmit- with these charts is the height of the ting antenna center of radiation and radiation center of the antenna above the radio horizon as determined indi- the average terrain along the radial in vidually for each azimuthal direction question. In determining the average concerned. The depression angle is elevation of the terrain, the elevations based on the difference in elevation of between 3.2–16.1 kilometers (2–10 miles) the antenna center of radiation above from the antenna site are employed. the average terrain and the radio hori- Profile graphs shall be drawn for 8 zon, assuming a smooth sperical earth radials beginning at the antenna site with a radius of 8,495.5 kilometers (5,280 and extending 16.1 kilometers (10 miles) miles) and shall be determined by the therefrom. The radials should be drawn following equation: for each 45 degrees of azimuth starting A = 0.0277√ H with the True North. At least one radial must include the principal commu- Where: nity to be served even though such A is the depression angle in degrees. community may be more than 16.1 kil- H is the height in meters of the transmitting ometers (10 miles) from the antenna antenna radiation center above average site. However, in the event none of the terrain of the 3.2–16.1 kilometers (2–10 miles) sector of the pertinent radial. evenly spaced radials include the principal community to be served and one This formula is empirically derived for or more such radials are drawn in addi- the limited purpose specified here. Its tion to the 8 evenly spaced radials,

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such additional radials shall not be em- the topographical data employed. The ployed in computing the antenna graph should also show the elevation of height above average terrain. Where the center of the radiating system. The the 3.2–16.1 kilometers (2–10 mile) por- graph may be plotted either on rectan- tion of a radial extends in whole or in gular coordinate paper or on special part over large bodies of water as speci- paper which shows the curvature of the fied in paragraph (e) of this section or earth. It is not necessary to take the extends over foreign territory but the curvature of the earth into consider- Grade B strength contour encompasses ation in this procedure, as this factor land area within the United States be- is taken care of in the charts showing yond the 16.1 kilometers (10 mile) por- signal strengths. The average elevation tion of the radial, the entire 3.2–16.1 of the 12.9 kilometer (8 miles) distance kilometers (2–10 mile) portion of the between 3.2–16.1 kilometers (2–10 miles) radial shall be included in the com- from the antenna site should then be 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

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procedure employed and should include vey Topographic Quadrangle Maps may sample calculations. Maps of predicted be obtained from the United States Ge- coverage should include both the cov- ological Survey, Department of the In- erage as predicted by the regular meth- terior, Washington, DC 20240. Sectional od and as predicted by a supplemental Aeronautical Charts are available from method. When measurements of area the United States Coast and Geodetic are required, these should include the Survey, Department of Commerce, area obtained by the regular predicted Washington, DC 20235. In lieu of maps, method and the area obtained by the the average terrain elevation may be 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 (D 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

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maps, if available, with contour inter- on propagation due to hills and build- vals of 15.2 meters (50 feet), or less. ings which may reduce materially the (k) The field strength charts (§ 73.699, strength of the station’s signals. In Figs. 9–10c) were developed assuming a general, the transmitting antenna of a terrain roughness factor of 50 meters, station should be located at the most which is considered to be representa- central point at the highest elevation tive of average terrain in the United available. To provide the best degree of States. Where the roughness factor for service to an area, it is usually pref- a particular propagation path is found erable to use a high antenna rather to depart appreciably from this value, than a low antenna with increased a terrain roughness correction (DF) transmitter power. The location should should be applied to field strength val- be so chosen that line-of-sight can be ues along this path as predicted with obtained from the antenna over the the use of these charts. The magnitude principal community to be served; in and sign of this correction, for any no event should there be a major ob- value of Dh, may be determined from a struction in this path. The antenna chart included in § 73.699 as Figure 10e, with linear interpolation as necessary, must be constructed so that it is as for the frequency of the UHF signal clear as possible of surrounding build- under consideration. ings or objects that would cause shad- (l) Alternatively, the terrain rough- ow problems. It is recognized that to- ness correction may be computed using pography, shape of the desired service the following formula: area, and population distribution may make the choice of a transmitter loca- ¥ DF=C 0.03(Dh)(1 + f/300) tion difficult. In such cases, consider- Where: ation may be given to the use of a di- DF = 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 4.8 for TV Channels 14–69 (c) In cases of questionable antenna Dh = terrain roughness factor in meters locations it is desirable to conduct f = frequency of signal in megahertz (MHz) propagation tests to indicate the field [28 FR 13660, Dec. 13, 1963, as amended at 40 strength expected in the principal com- 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, paragraphs (k) and (l) site tests to be made. Such tests should were stayed indefinitely. 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

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

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(h) Where the TV licensee or per- (ii) At a point exactly 16.1 kilometers mittee proposes to mount its antenna (10 miles) from the transmitter, each on or near an AM tower, as defined in radial is marked, and at greater dis- § 1.30002, the TV licensee or permittee tances at successive 3.2 kilometer (2 must comply with § 1.30003 or § 1.30002. mile) intervals. Where measurements are to be conducted at UHF, or over ex- (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) tremely rugged terrain, shorter intervals 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, Apr. 17, 1979; 45 FR 26065, Apr. 17, 1980; 47 FR nearly as possible at each 3.2 kilometer 35990, Aug. 18, 1982; 48 FR 21486, May 12, 1983; (2 mile) marker are selected. These 50 FR 23701, June 5, 1985; 58 FR 44951, Aug. 25, intersections are the points on the ra- 1993; 62 FR 51059, Sept. 30, 1997; 78 FR 66298, dial at which measurements are to be Nov. 5, 2013] made, and are referred to subsequently as measuring locations. The elevation § 73.686 Field strength measurements. of each measuring location should ap- (a) Except as provided for in § 73.612, proach the elevation at the cor- television broadcast stations shall not responding 3.2 kilometer (2 mile) mark- be protected from any type of inter- er as nearly as possible. ference or propagation effect. Persons (2) Measurement procedure. The field desiring to submit testimony, evidence strength of the visual carrier shall be or data to the Commission for the pur- measured with a voltmeter capable of pose of showing that the technical indicating accurately the peak ampli- standards contained in this subpart do tude of the synchronizing signal. All not properly reflect the levels of any measurements shall be made utilizing given type of interference or propaga- a receiving antenna designed for reception effect may do so only in appro- tion of the horizontally polarized sig- priate rulemaking proceedings con- nal component, elevated 9.1 meters (30 cerning the amendment of such tech- feet) above the roadbed. At each meas- nical standards. Persons making field uring location, the following procedure strength measurements for formal sub- shall be employed. mission to the Commission in rule- (i) The instrument calibration is making proceedings, or making such checked. measurements upon the request of the (ii) The antenna is elevated to a Commission, shall follow the procedure height of 30 feet. for making and reporting such meas- (iii) The receiving antenna is rotated urements outlined in paragraph (b) of to determine if the strongest signal is this section. In instances where a arriving from the direction of the showing of the measured level of a sig- transmitter. nal prevailing over a specific commu- (iv) The antenna is oriented so that nity is appropriate, the procedure for the sector of its response pattern over making and reporting field strength which maximum gain is realized is in measurements for this purpose is set the direction of the transmitter. forth in paragraph (c) of this section. (v) A mobile run of at least 30.5 me- (b) Collection of field strength data for ters (100 feet) is made, which is cen- propagation analysis—(1) Preparation for tered on the intersection of the radial measurements. (i) On large scale topo- and the road, and the measured field graphic maps, eight or more radials are strength is continuously recorded on a drawn from the transmitter location to chart recorder over the length of the the maximum distance at which meas- run. urements are to be made, with the an- (vi) The actual measuring location is gles included between adjacent radials marked exactly on the topographic of approximately equal size. Radials map, and a written record, keyed to should be oriented so as to traverse the specific location, is made of all fac- representative types of terrain. The tors which may affect the recorded specific number of radials and their field, such as topography, height and orientation should be such as to ac- types of vegetation, buildings, obsta- complish this objective. cles, weather, and other local features.

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(vii) If, during the test conducted as (iii) All information necessary to de- described in paragraph (b)(2)(iii) of this termine the pertinent characteristics section, the strongest signal is found to of the transmitting installation, in- come from a direction other than from cluding frequency, geographical coordi- the transmitter, after the mobile run nates of antenna site, rated and actual prescribed in paragraph (b)(2)(v) of this power output of transmitter, measured section is concluded, additional meas- transmission line loss, antenna power urements shall be made in a ‘‘cluster’’ gain, height of antenna above ground, of at least five fixed points. At each above mean sea level, and above aver- such point, the field strengths with the age terrain. The effective radiated antenna oriented toward the trans- power should be computed, and hori- mitter, and with the antenna oriented zontal and vertical plane patterns of so as to receive the strongest field, are the transmitting antenna should be measured and recorded. Generally, all submitted. points should be within 61.0 meters (200 (iv) A list of calibrated equipment feet) of the center point of the mobile used in the field strength survey, run. which, for each instrument, specifies (viii) If overhead obstacles preclude a its manufacturer, type, serial number mobile run of at leat 30.5 meters (100 and rated accuracy, and the date of its feet), a ‘‘cluster’’ of five spot measure- most recent calibration by the manu- ments may be made in lieu of this run. facturer, or by a laboratory. Complete The first measurement in the cluster is details of any instrument not of stand- identified. Generally, the locations for ard manufacture shall be submitted. other measurements shall be within (v) A detailed description of the cali- 61.0 meters (200 feet) of the location of bration of the measuring equipment, the first. including field strength meters, meas- (3) Method of reporting measurements. uring antenna, and connecting cable. A report of measurements to the Com- (vi) Terrain profiles in each direction mission shall be submitted in affidavit in which measurements were made, form, in triplicate, and should contain drawn on curved earth paper for equiv- the following information: alent 4/3 earth radius, of the largest (i) Tables of field strength measure- available scale. ments, which, for each measuring loca- (c) Collection of field strength data to tion, set forth the following data: determine television service in specific (A) Distance from the transmitting communities—(1) Preparation for meas- antenna. urement. (i) The population (P) of the (B) Ground elevation at measuring community, and its suburbs, if any, is location. determined by reference to an appro- (C) Date, time of day, and weather. priate source, e.g., the 1970 U.S. Census (D) Median field in dBu for 0 dBk, for tables of population of cities and ur- mobile run or for cluster, as well as banized 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 relocations. 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.

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(2) Measurement procedure. The field measuring point, reduced to dBu for strength of the visual carrier shall be the actual effective radiated power of measured, with a voltmeter capable of the station. Weather, date, and time of indicating accurately the peak ampli- each measurement shall be indicated. tude of the synchronizing signal. All (iii) Notes describing each measuring measurements shall be made utilizing location. a receiving antenna designed for recep- (iv) A topographic map of the largest tion of the horizontally polarized sig- available scale on which are marked nal component, elevated 9.1 meter (30 the community and the transmitter feet) above street level. site of the station whose signals have (i) Each measuring location shall be been measured, which includes all chosen as close as feasible to a point areas on or near the direct path of sig- indicated on the map, as previously nal propagation. prepared, and at as nearly the same (v) Computations of the mean and elevation as that point as possible. standard deviation of all measured (ii) At each measuring location, after field strengths, or a graph on which the equipment calibration and elevation of distribution of measured field strength the antenna, a check is made to deter- values is plotted. mine whether the strongest signal ar- (vi) A list of calibrated equipment rives from a direction other than from used for the measurements, which for the transmitter. each instrument, specifies its manufac- (iii) At 20 percent or more of the turer, type, serial number and rated ac- measuring locations, mobile runs, as 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) NTSC—Collection of field strength scribing, for each location, factors data to determine NTSC television signal which may affect the recorded field, intensity at an individual location—clus- such as the approximate time of meas- ter measurements—(1) Preparation for urement, weather, topography, over- measurements—(i) Testing antenna. The head wiring, heights and types of vege- test antenna shall be either a standard tation, buildings and other structures. half-wave dipole tuned to the visual The orientation, with respect to the carrier frequency of the channel being measuring location shall be indicated measured or a gain antenna, provided of objects of such shape and size as to its antenna factor for the channel(s) be capable of causing shadows or re- under test has been determined. Use flections. If the strongest signal re- the antenna factor supplied by the an- ceived was found to arrive from a di- tenna manufacturer as determined on rection other than that of the trans- an antenna range. mitter, this fact shall be recorded. (ii) Testing locations. At the location, (3) Method of reporting measurements. choose a minimum of five locations as A report of measurements to the Com- close as possible to the specific site mission shall be submitted in affidavit where the site’s receiving antenna is form, in triplicate, and should contain located. If there is no receiving an- the following information: tenna at the site, choose the minimum (i) A map of the community showing of five locations as close as possible to each actual measuring location, spe- a reasonable and likely spot for the an- cifically identifying the points at tenna. The locations shall be at least which mobile runs were made. three meters apart, enough so that the (ii) A table keyed to the above map, testing is practical. If possible, the showing the field strength at each first testing point should be chosen as

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

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the center point of a square whose cor- tenna to 6.1 meters (20 feet) above the ners are the four other locations. Cal- ground. In situations where the field culate the median of the five measure- strength is being measured for a build- ments (in units of dBμ) and report it as ing taller than one-story, elevate the the measurement. testing antenna 9.1 meters (30 feet) (iii) Multiple signals— above the ground. (A) If more than one signal is being (iv) Antenna orientation. Orient the measured (i.e., signals from different testing antenna in the direction which transmitters), use the same locations maximizes the value of field strength to measure each signal. for the signal being measured. If more (B) For establishing eligibility of a than one station’s signal is being meas- satellite subscriber to receive distant ured, orient the testing antenna sepa- network signals, only stations affili- rately for each station. ated with the network in question that (3) Written record shall be made and are located in the same Nielsen Des- shall include at least the following: ignated Market Area (DMA) as the test (i) A list of calibrated equipment site may be considered and tested. used in the field strength survey, which (2) Measurement procedure. Measure- ments shall be made in accordance for each instrument specifies the man- with good engineering practice and in ufacturer, type, serial number and accordance with this section of this rated accuracy, and the date of the chapter. At each measuring location, most recent calibration by the manu- the following procedure shall be em- facturer or by a laboratory. Include ployed: complete details of any instrument not (i) Testing equipment. Perform an on- of standard manufacture. site calibration of the test instrument (ii) A detailed description of the cali- in accordance with the manufacturer’s bration of the measuring equipment, specifications. Tune a calibrated in- including field strength meters, meas- strument to the center of the channel uring antenna, and connecting cable. being tested. Measure the integrated (iii) For each spot at the measuring average power over the full 6 mega- site, all factors which may affect the hertz bandwidth of the television sig- recorded field, such as topography, nal. The intermediate frequency of the height and types of vegetation, build- instrument should be set to 100 kilo- ings, obstacles, weather, and other hertz unless the instrument is specifi- local features. cally designed by the manufacturer to (iv) A description of where the clus- use an alternative i.f. setting. The inter measurements were made. strument must be capable of inte- (v) Time and date of the measure- grating over the selected i.f. for the 6 ments and signature of the person megahertz channel bandwidth. Take all making the measurements. measurements with a horizontally po- (vi) For each channel being meas- larized antenna. Use a shielded trans- ured, a list of the measured value of mission line between the testing an- field strength (in units of dBμ after ad- tenna and the field strength meter. justment for line loss and antenna fac- Match the antenna impedance to the tor) of the five readings made during transmission line at all frequencies the cluster measurement process, with measured, and, if using an un-balanced the median value highlighted. line, employ a suitable balance. Take account of the transmission line loss [40 FR 27683, July 1, 1975, as amended at 50 for each frequency being measured. FR 23701, June 5, 1985; 64 FR 7127, Feb. 12, (ii) Weather. Do not take measure- 1999; 64 FR 73433, Dec. 30, 1999; 75 FR 81498, ments during periods of inclement Dec. 28, 2010] weather, including, but not limited to, periods of heavy rainfall, snowfall ac- § 73.687 Transmission system require- cumulation, high windspeed, or any ments. combination thereof. (a) Visual transmitter. (1) The field (iii) Antenna elevation. When field strength or voltage of the lower side- strength is being measured for a one- band, as radiated or dissipated and story building, elevate the testing an- measured as described in paragraph

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(a)(2) of this section, shall not be great- the interval between synchronizing er than ¥20 dB for a modulating fre- pulses. (The ‘‘synchronizing signal’’ re- quency of 1.25 MHz or greater and in ferred to in this section means either a addition, for color, shall not be greater standard synchronizing wave form or than ¥42 dB for a modulating fre- any pulse that will properly set the quency of 3.579545 MHz (the color sub- peak.) The axis of the sine wave in the carrier frequency). For both mono- composite signal observed in the out- chrome and color, the field strength or put monitor shall be maintained at an voltage of the upper sideband as radi- amplitude 0.5 of the voltage at syn- ated or dissipated and measured as de- chronizing peaks. The amplitude of the scribed in paragraph (a)(2) of this sec- sine wave input shall be held at a con- tion shall not be greater than ¥20 dB stant value. This constant value should for a modulating frequency of 4.75 MHz be such that at no modulating fre- or greater. For stations operating on quency does the maximum excursion of Channels 15–69 and employing a trans- the sine wave, observed in the com- mitter delivering maximum peak vis- posite output signal monitor, exceed ual power output of 1 kW or less, the the value 0.75 of peak output voltage. field strength or voltage of the upper The amplitude of the 200 kHz sideband and lower sidebands, as radiated or dis- shall be measured and designated zero sipated and measured as described in dB as a basis for comparison. The mod- paragraph (a)(2) of this section, shall ulation signal frequency shall then be depart from the visual amplitude char- varied over the desired range and the acteristic (Figure 5a of § 73.699) by no field strength or signal voltage of the more than the following amounts: corresponding sidebands measured. As ¥2 dB at 0.5 MHz below visual carrier fre- an alternate method of measuring, in quency; those cases in which the automatic d-c ¥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 fre- normally fed the composite color pic- quency (for color transmission only). ture 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 and then linearly decreasing to 4.18 for a modulating frequency of 4.75 MHz MHz so as to be equal to ¥0.17 μsecs at or greater. If interference to the recep- 3.58 MHz. The tolerance on the enve- tion of other stations is caused by out- lope delay shall be ±0.05 μsecs at 3.58 of-channel lower sideband emission, MHz. The tolerance shall increase lin- the technical requirements applicable early to ±0.1 μsec down to 2.1 MHz, and to stations operating on Channels 2–13 remain at ±0.1 μsec down to 0.2 MHz. shall be met. (Tolerances for the interval of 0.0 to 0.2 (2) The attenuation characteristics of MHz are not specified at the present a visual transmitter shall be measured time.) The tolerance shall also increase by application of a modulating signal linearly to ±0.1 μsec at 4.18 MHz. to the transmitter input terminals in (4) The radio frequency signal, as ra- place of the normal composite tele- diated, shall have an envelope as would vision video signal. The signal applied be produced by a modulating signal in shall be a composite signal composed conformity with § 73.682 and Figure 6 or of a synchronizing signal to establish 7 of § 73.699, as modified by vestigial peak output voltage plus a variable fre- sideband operation specified in Figure quency sine wave voltage occupying 5 of § 73.699. For stations operating on

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Channels 15–69 the radio frequency sig- sive variations in line voltage or for nal as radiated, shall have an envelope other factors affecting the output as would be produced by a modulating power. signal in conformity with § 73.682 and (4) Adequate provisions shall be pro- Figure 6 or 7 of § 73.699. vided in all component parts to avoid (5) The time interval between the overheating at the rated maximum leading edges of successive horizontal output powers. pulses shall vary less than one half of (d) The construction, installation, one percent of the average interval. and operation of broadcast equipment However, for color transmissions, is expected to conform with all applica- § 73.682(a) (5) and (6) shall be control- ble local, state, and federally imposed ling. safety regulations and standards, en- (6) The rate of change of the fre- forcement of which is the responsi- quency of recurrence of the leading bility of the issuing regulatory agency. edges of the horizontal synchronizing (e) Operation. (1) Spurious emissions, signals shall be not greater than 0.15 including radio frequency harmonics, percent per second, the frequency to be shall be maintained at as low a level as determined by an averaging process the state of the art permits. As meas- carried out over a period of not less ured at the output terminals of the than 20, nor more than 100 lines, such transmitter (including harmonic fil- lines not to include any portion of the ters, if required) all emissions removed blanking interval. However, for color in frequency in excess of 3 MHz above transmissions, § 73.682(a) (5) and (6) or below the respective channel edge shall be controlling. shall be attenuated no less than 60 dB. (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 microseconds. (See upper curve of Figure 12 especially when more higher-powered § 73.699.) equipment is utilized. Stations should, (2) If a limiting or compression am- therefore, give consideration to the in- plifier is employed, precaution should stallation of equipment with greater be maintained in its connection in the attenuation than 60 dB.) In the event of circuit due to the use of pre-emphasis interference caused to any service in the transmitting system. greater attenuation will be required. (3) Aural modulation levels are speci- (2) If a limiting or compression am- fied in § 73.1570. plifier is used in conjunction with the (c) Requirements applicable to both vis- aural transmitter, due operating pre- ual and aural transmitters. (1) Auto- cautions should be maintained because matic means shall be provided in the of pre-emphasis in the transmitting visual transmitter to maintain the car- system. rier frequency within ±1 kHz of the au- (3) TV broadcast stations operating thorized frequency; automatic means on Channel 14 and Channel 69 must shall be provided in the aural trans- take special precautions to avoid inter- mitter to maintain the carrier fre- ference to adjacent spectrum land mo- quency 4.5 MHz above the actual visual bile radio service facilities. Where a TV carrier frequency within ±1 kHz. station is authorized and operating (2) The transmitters shall be prior to the authorization and oper- equipped with suitable indicating in- ation of the land mobile facility, a struments for the determination of op- Channel 14 station must attenuate its erating power and with other instru- emissions within the frequency range ments necessary for proper adjustment, 467 to 470 MHz and a Channel 69 station operation, and maintenance of the must attentuate its emissions within equipment. the frequency range 806 to 809 MHz if (3) Adequate provision shall be made necessary to permit reasonable use of for varying the output power of the the adjacent frequencies by land mo- transmitters to compensate for exces- bile licensees.

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(4) The requirements listed below the land mobile receiver site on the apply to permittees authorized to con- land mobile frequency. The TV emis- struct a new station on TV Channel 14 sion should be measured with equip- or TV Channel 69, and to licensees au- ment set to a 30 kHz measurement thorized to change the channel of an bandwidth including the entire applica- existing station to Channel 14 or to ble land mobile channel. A TV per- Channel 69, to increase effective radi- mittee must correct a desensitization ated power (ERP) (including any problem if its occurrence can be di- change in directional antenna charac- rectly linked to the start of the TV op- teristics that results in an increase in eration and the land mobile station is ERP in any direction), or to change the using facilities with typical desen- transmitting location of an existing sitization rejection characteristics. A station. TV permittee must identify the source (i) For the purposes of this para- of an intermodulation product that is graph, a protected land mobile facility generated when the TV operation com- is a receiver that is intended to receive mences. If the intermodulation source transmissions from licensed land mo- is under its control, the TV permittee bile stations within the frequency band must correct the problem. If the inter- below 470 MHz (as relates to Channel modulation source is beyond the TV 14) or above 806 MHz (as relates to permittee’s control, it must cooperate Channel 69), and is associated with one in the resolution of the problem and or more land mobile stations for which should provide whatever technical as- a license has been issued by the Com- sistance it can. mission, or a proper application has (Secs. 4, 5, 303, 48 Stat., as amended, 1066, been received by the Commission prior 1068, 1082 (47 U.S.C. 154, 155, 303)) to the date of the filing of the TV con- [28 FR 13660, Dec. 14, 1963] struction permit application. However, a land mobile facility will not be pro- EDITORIAL NOTE: For FEDERAL REGISTER ci- tected if it is proposed in an applica- tations affecting § 73.687, see the List of CFR Sections Affected, which appears in the tion that is denied or dismissed and Finding Aids section of the printed volume that action is no longer subject to and at www.govinfo.gov. Commission review. Further, if the land mobile station is not operating § 73.688 Indicating instruments. when the TV facility commences oper- (a) Each TV broadcast station shall ation and it does not commence oper- be equipped with indicating instru- ation within the time permitted by its ments which conform with the speci- authorization in accordance with part fications described in § 73.1215 for meas- 90 of this chapter, it will not be pro- uring the operating parameters of the tected. last radio stage of the visual trans- (ii) A TV permittee must take steps mitter, and with such other instru- before construction to identify poten- ments as are necessary for the proper tial interference to normal land mobile adjustment, operation, and mainte- operation that could be caused by TV nance of the visual transmitting sys- emissions outside the authorized chan- tem. nel, land mobile receiver desensitiza- (b) The function of each instrument tion or intermodulation. It must in- shall be clearly and permanently stall filters and take other precautions shown on the instrument itself or on as necessary, and submit evidence that the panel immediately adjacent there- no interference is being caused before to. it will be permitted to transmit pro- (c) In the event that any one of these gramming on the new facilities pursu- indicating instruments becomes defec- ant to the provisions of § 73.1615 or tive, when no substitute which con- § 73.1620 of this part. A TV permittee forms with the required specifications must reduce its emissions within the is available, the station may be oper- land mobile channel of a protected land ated without the defective instrument mobile facility that is receiving inter- pending its repair or replacement for a ference caused by the TV emission pro- period not in excess of 60 days without ducing a vertically polarized signal and further authority of the FCC, provided a field strength in excess of 17 dBu at that:

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(1) If the defective instrument is the dures for indicating and controlling the transmission line meter used for deter- visual signal. mining the output power by the direct (b) In the event technical problems method, the operating power shall be make it impossible to operate in ac- determined or maintained by the indi- cordance with the timing and carrier rect method whenever possible or by level tolerance requirements of § 73.682 using the operating parameters of the (a)(9)(i), (a)(9)(ii), (a)(12), (a)(13), and last radio stage of the transmitter dur- (a)(17), a TV broadcast station may op- ing the time the station is operated erate at variance for a period of not without the transmission line meter. more than 30 days without specific au- (2) If conditions beyond the control of thority from the FCC: provided that, the licensee prevent the restoration of the date and time of the initial out-of- the meter to service within the above tolerance condition has been entered in allowed period, informal request in ac- the station log. If the operation at cordance with § 73.3549 may be filed for variance will exceed 10 consecutive such additional time as may be re- days, a notification must be sent to the quired to complete repairs of the defec- FCC in Washington, D.C., not later tive instrument. than the 10th day of such operation. In the event normal operation is resumed [41 FR 36818, Sept. 1, 1976, as amended at 48 prior to the end of the 30 day period, FR 38480, Aug. 24, 1983; 49 FR 50048, Dec. 26, 1984; 50 FR 26568, June 27, 1985; 80 FR 53750, the licensee must notify the FCC upon Sept. 8, 2015] restoration of normal operation. If causes beyond the control of the li- § 73.691 Visual modulation monitoring. censee prevent restoration of normal (a) Each TV station must have meas- operation within 30 days, a written re- uring equipment for determining that quest must be made to the FCC in the transmitted visual signal conforms Washington, D.C., no later than the to the provisions of this subpart. The 30th day for such additional time as licensee shall decide the monitoring may be necessary. and measurement methods or proce- [60 FR 55480, Nov. 1, 1995]

§ 73.698 Tables.

TABLE I [RESERVED]

TABLE II

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

14 ...... 22 16–19 15 21 28 29 15 ...... 23 17–20 14, 16 22 29 30 16 ...... 24 14, 18–21 15, 17 23 30 31 17 ...... 25 14–15, 19–22 16, 18 24 31 32 18 ...... 26 14–16, 20–23 17, 19 25 32 33 19 ...... 27 14–17, 21–24 18, 20 26 33 34 20 ...... 28 15–18, 22–25 19, 21 27 34 35 21 ...... 29 16–19, 23–26 20, 22 28, 14 35 36 22 ...... 30, 14 17–20, 24–27 21, 23 29, 15 36 37 23 ...... 31, 15 18–21, 25–28 22, 24 30, 16 37 38 24 ...... 32, 16 19–22, 26–29 23, 25 31, 17 38 39 25 ...... 33, 17 20–23, 27–30 24, 26 32, 18 39 40 26 ...... 34, 18 21–24, 28–31 25, 27 33, 19 40 41 27 ...... 35, 19 22–25, 29–32 26, 28 34, 20 41 42 28 ...... 36, 20 23–26, 30–33 27, 29 35, 21 42, 14 43 29 ...... 37, 21 24–27, 31–34 28, 30 36, 22 43, 15 44, 14 30 ...... 38, 22 25–28, 32–35 29, 31 37, 23 44, 16 45, 15 31 ...... 39, 23 26–29, 33–36 30, 32 38, 24 45, 17 46, 16 32 ...... 40, 24 27–30, 34–37 31, 33 39, 25 46, 18 47, 17 33 ...... 41, 25 28–31, 35–38 32, 34 40, 26 47, 19 48, 18 34 ...... 42, 26 29–32, 36–39 33, 35 41, 27 48, 20 49, 19 35 ...... 43, 27 30–33, 37–40 34, 36 42, 28 49, 21 50, 20

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TABLE II—Continued

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

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

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

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

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

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FIGURES 13 THROUGH 15 [RESERVED]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Section 73.1745 Unauthorized operation. § 73.201 of this chapter are available for Section 73.1750 Discontinuance of operation. LPFM stations. Section 73.1920 Personal attacks. Section 73.1940 Legally qualified candidates § 73.807 Minimum distance separation for public office. between stations. Section 73.1941 Equal opportunities. Section 73.1943 Political file. Minimum separation requirements Section 73.1944 Reasonable access. for LPFM stations are listed in the fol- Section 73.3511 Applications required. lowing paragraphs. Except as noted Section 73.3512 Where to file; number of below, an LPFM station will not be au- copies. thorized unless the co-channel, and Section 73.3513 Signing of applications. first- and second-adjacent channel sep- Section 73.3514 Content of applications. arations are met. An LPFM station Section 73.3516 Specification of facilities. Section 73.3517 Contingent applications. need not satisfy the third-adjacent Section 73.3518 Inconsistent or conflicting channel separations listed in para- applications. graphs (a) through (c) of this section in Section 73.3519 Repetitious applications. order to be authorized. The third-adja- Section 73.3520 Multiple applications. cent channel separations are included Section 73.3525 Agreements for removing for use in determining for purposes of application conflicts. § 73.810 which third-adjacent channel Section 73.3539 Application for renewal of license. interference regime applies to an Section 73.3542 Application for emergency LPFM station. Minimum distances for authorization. co-channel and first-adjacent channel Section 73.3545 Application for permit to de- are separated into two columns. The liver programs to foreign stations. left-hand column lists the required Section 73.3550 Requests for new or modi- minimum separation to protect other fied call sign assignments. stations and the right-hand column Section 73.3561 Staff consideration of applications requiring Commission consider- lists (for informational purposes only) ation. the minimum distance necessary for Section 73.3562 Staff consideration of appli- the LPFM station to receive no inter- cations not requiring action by the Com- ference from other stations assumed to mission. be operating at the maximum per- Section 73.3566 Defective applications. mitted facilities for the station class. Section 73.3568 Dismissal of applications. For second-adjacent channel, the re- Section 73.3580 Local public notice of filing of broadcast applications. quired minimum distance separation is Section 73.3584 Procedure for filing peti- sufficient to avoid interference re- tions to deny. ceived from other stations. Section 73.3587 Procedure for filing infor- (a)(1) An LPFM station will not be mal objections. authorized initially unless the min- Section 73.3588 Dismissal of petitions to imum distance separations in the fol- deny or withdrawal of informal objections. lowing table are met with respect to Section 73.3589 Threats to file petitions to deny or informal objections. authorized FM stations, applications Section 73.3591 Grants without hearing. for new and existing FM stations filed Section 73.3593 Designation for hearing. prior to the release of the public notice Section 73.3598 Period of construction. announcing an LPFM window period, Section 73.3599 Forfeiture of construction authorized LPFM stations, LPFM sta- permit. tion applications that were timely- Section 73.3999 Enforcement of 18 U.S.C. filed within a previous window, and va- 1464—restrictions on the transmission of obscene and indecent material. cant FM allotments. LPFM modification applications must either meet the [65 FR 7640, Feb. 15, 2000, as amended at 84 distance separations in the following FR 2758, Feb. 8, 2019; 85 FR 36794, June 18, 2020] table or, if short-spaced, not lessen the spacing to subsequently authorized sta- § 73.805 Availability of channels. tions. Except as provided in § 73.220 of this chapter, all of the frequencies listed in

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) The Commission will notify the § 73.808 Distance computations. International Telecommunications For the purposes of determining com- Union (ITU) of any LPFM authoriza- pliance with any LPFM distance re- tions in the US Virgin Islands. Any au- quirements, distances shall be cal- thorization issued for a US Virgin Is- culated in accordance with § 73.208(c) of lands LPFM station will include a con- this part. dition that permits the Commission to modify, suspend or terminate without § 73.809 Interference protection to full right to a hearing if found by the Com- service FM stations. mission to be necessary to conform to (a) If a full service commercial or any international regulations or agree- NCE FM facility application is filed ments. subsequent to the filing of an LPFM (4) The Commission will initiate station facility application, such full international coordination of a LPFM service station is protected against any proposal even where the above Cana- condition of interference to the direct dian and Mexican spacing tables are reception of its signal that is caused by met, if it appears that such coordina- such LPFM station operating on the tion is necessary to maintain compli- same channel or first-adjacent channel ance with international agreements. provided that the interference is predicted to occur and actually occurs (5)(i) LPFM stations located within within: 125 kilometers of the Mexican border (1) The 3.16 mV/m (70 dBu) contour of are limited to 50 watts (0.05 kW) ERP, such full service station; a 60 dBu service contour of 8.7 kilo- (2) The community of license of such meters and a 34 dBu interfering con- full service station; or tour of 32 kilometers in the direction of (3) Any area of the community of li- the Mexican border. LPFM stations cense of such full service station that may operate up to 100 watts in all is predicted to receive at least a 1 mV/ other directions. m (60 dBu) signal. Predicted inter- (ii) LPFM stations located between ference shall be calculated in accord- 125 kilometers and 320 kilometers from ance with the ratios set forth in § 73.215 the Mexican border may operate in ex- paragraphs (a)(1) and (a)(2). Inter- cess of 50 watts, up to a maximum ERP mediate frequency (IF) channel inter- of 100 watts. However, in no event shall ference overlap will be determined the location of the 60 dBu contour lie based upon overlap of the 91 dBu within 116.3 kilometers of the Mexican F(50,50) contours of the FM and LPFM border. stations. Actual interference will be (iii) Applications for LPFM stations considered to occur whenever reception within 320 kilometers of the Canadian of a regularly used signal is impaired border may employ an ERP of up to a by the signal radiated by the LPFM station. maximum of 100 watts. The distance to (b) An LPFM station will be provided the 34 dBu interfering contour may not an opportunity to demonstrate in con- exceed 60 kilometers in any direction. nection with the processing of the com- [78 FR 2102, Jan. 9, 2013, as amended at 85 FR mercial or NCE FM application that in- 35573, June 11, 2020] terference as described in paragraph (a) of this section is unlikely. If the LPFM

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station fails to so demonstrate, it will § 73.810 Third adjacent channel inter- be required to cease operations upon ference. the commencement of program tests by (a) LPFM Stations Licensed at Loca- the commercial or NCE FM station. tions That Do Not Satisfy Third-Adjacent (c) Complaints of actual interference Channel Minimum Distance Separations. by an LPFM station subject to para- An LPFM station licensed at a location graphs (a) and (b) of this section must that does not satisfy the third-adjacent be served on the LPFM licensee and channel minimum distance separations the Federal Communications Commis- set forth in § 73.807 is subject to the fol- sion, attention Audio Services Divi- lowing provisions: sion. The LPFM station must suspend (1) Such an LPFM station will not be operations within twenty-four hours of permitted to continue to operate if it the receipt of such complaint unless causes any actual third-adjacent channel interference to: the interference has been resolved to (i) The transmission of any author- the satisfaction of the complainant on ized broadcast station; or the basis of suitable techniques. An (ii) The reception of the input signal LPFM station may only resume oper- of any TV translator, TV booster, FM ations at the direction of the Federal translator or FM booster station; or Communications Commission. If the (iii) The direct reception by the pub- Commission determines that the com- lic of the off-the-air signals of any full- plainant has refused to permit the service station or previously author- LPFM station to apply remedial tech- ized secondary station. Interference niques that demonstrably will elimi- will be considered to occur whenever nate the interference without impair- reception of a regularly used signal on ment of the original reception, the li- a third-adjacent channel is impaired by censee of the LPFM station is absolved the signals radiated by the LPFM sta- of further responsibility for the com- tion, regardless of the quality of such plaint. reception, the strength of the signal so (d) It shall be the responsibility of used, or the channel on which the pro- the licensee of an LPFM station to cor- tected signal is transmitted. rect any condition of interference that (2) If third-adjacent channel inter- results from the radiation of radio fre- ference cannot be properly eliminated by the application of suitable tech- quency energy outside its assigned niques, operation of the offending channel. Upon notice by the FCC to the LPFM station shall be suspended and station licensee or operator that such shall not be resumed until the inter- interference is caused by spurious ference has been eliminated. Short test emissions of the station, operation of transmissions may be made during the the station shall be immediately sus- period of suspended operation to check pended and not resumed until the in- the efficacy of remedial measures. If a terference has been eliminated. How- complainant refuses to permit the li- ever, short test transmissions may be censee of the offending LPFM station made during the period of suspended to apply remedial techniques which de- operation to check the efficacy of re- monstrably will eliminate the third-ad- medial measures. jacent channel interference without (e) In each instance where suspension impairment to the original reception, of operation is required, the licensee the licensee is absolved of further re- shall submit a full report to the FCC in sponsibility for that complaint. Washington, DC, after operation is re- (3) Upon notice by the Commission to sumed, containing details of the nature the licensee that such third-adjacent of the interference, the source of the channel interference is being caused, interfering signals, and the remedial the operation of the LPFM station steps taken to eliminate the inter- shall be suspended within three min- ference. utes and shall not be resumed until the interference has been eliminated or it [65 FR 7640, Feb. 15, 2000, as amended at 65 can be demonstrated that the inter- FR 67302, Nov. 9, 2000; 73 FR 3216, Jan. 17, ference is not due to spurious emis- 2008; 78 FR 2104, Jan. 9, 2013] sions by the LPFM station; provided,

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

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within twenty days of the commence- be made outside of the 7 a.m. to 9 a.m. ment of such procedures. and 4 p.m. to 6 p.m. time slots. The (2) Periodic announcements. (i) For a LPFM station must vary the times of period of one year from the date of li- day in which it broadcasts this second censing of a new LPFM station that is daily announcement in order to ensure constructed on a third-adjacent chan- that the announcements air during all nel and satisfies the third-adjacent parts of its broadcast day. For stations channel minimum distance separations that do not operate at these times, the set forth in § 73.807, such LPFM station announcements shall be made during shall broadcast periodic announce- the first two hours of broadcast oper- ments. The announcements shall, at a ations each day. For the remainder of minimum, alert listeners of the poten- the one year period, the LPFM station tially affected third-adjacent channel must broadcast the announcements at station of the potential for inter- least twice per week. The announce- ference, instruct listeners to contact ments must be broadcast between the the LPFM station to report any inter- hours of 7 a.m. and midnight. For sta- ference, and provide contact informa- tions that do not operate at these tion for the LPFM station. The an- times, the announcements shall be nouncements shall be made in the pri- made during the first two hours of mary language(s) of both the new broadcast operations each day. LPFM station and the potentially af- (iii) Any new LPFM station that is fected third-adjacent channel sta- constructed on a third-adjacent chan- tion(s). Sample announcement lan- nel and satisfies the minimum distance guage follows: separations set forth in § 73.807 must: On (date of license grant), the Federal (A) notify the Audio Division, Media Communications Commission granted Bureau, and all affected stations on (LPFM station’s call letters) a license to op- third-adjacent channels of an inter- erate. (LPFM station’s call letters) may ference complaint. The notification cause interference to the operations of must be made electronically within 48 (third-adjacent channel station’s call letters) hours after the receipt of an inter- and (other third-adjacent channel stations’ ference complaint by the LPFM sta- call letters). If you are normally a listener of (third-adjacent channel station’s call letters) tion; and or (other third-adjacent channel station’s (B) cooperate in addressing any call letters) and are having difficulty receiv- third-adjacent channel interference. ing (third-adjacent channel station call let- [78 FR 2104, Jan. 9, 2013, as amended at 85 FR ters) or (other third-adjacent channel sta- 35573, June 11, 2020] tion’s call letters), please contact (LPFM station’s call letters) by mail at (mailing address) or by telephone at (telephone number) § 73.811 LPFM power and antenna to report this interference. height requirements. (a) Maximum facilities. LPFM stations (ii) During the first thirty days after will be authorized to operate with max- licensing of a new LPFM station that imum facilities of 100 watts ERP at 30 is constructed on a third-adjacent meters HAAT. An LPFM station with a channel and satisfies the third-adja- HAAT that exceeds 30 meters will not cent channel minimum distance sepa- be permitted to operate with an ERP rations set forth in Section 73.807, the greater than that which would result in LPFM station must broadcast the an- a 60 dBu contour of 5.6 kilometers. In nouncements specified in paragraph no event will an ERP less than one (b)(2)(i) of this section at least twice watt be authorized. No facility will be daily. The first daily announcement authorized in excess of one watt ERP must be made between the hours of 7 at 450 meters HAAT. a.m. and 9 a.m., or 4 p.m. and 6 p.m. (b) Minimum facilities. LPFM stations The LPFM station must vary the time may not operate with facilities less slot in which it airs this announce- than 50 watts ERP at 30 meters HAAT ment. For stations that do not operate or the equivalent necessary to produce at these times, the announcements a 60 dBu contour that extends at least shall be made during the first two 4.7 kilometers. hours of broadcast operations each day. The second daily announcement must [78 FR 2105, Jan. 9, 2013]

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§ 73.812 Rounding of power and an- determination of compliance with any tenna heights. requirements of this part. (a) Effective radiated power (ERP) [65 FR 67303, Nov. 9, 2000, as amended at 78 will be rounded to the nearest watt on FR 2106, Jan. 9, 2013] LPFM authorizations. (b) Antenna radiation center, an- § 73.825 Protection to reception of TV channel 6. tenna height above average terrain (HAAT), and antenna supporting struc- The following spacing requirements ture height will all be rounded to the will apply to LPFM applications on nearest meter on LPFM authoriza- Channels 201 through 220 unless the ap- tions. plication is accompanied by a written agreement between the LPFM appli- § 73.813 Determination of antenna cant and each affected TV Channel 6 height above average terrain broadcast station concurring with the (HAAT). proposed LPFM facilities. (a) LPFM stations will be authorized HAAT determinations for LPFM sta- on Channels 201 through 220 only if the tions will be made in accordance with pertinent minimum separation dis- the procedure detailed in § 73.313(d) of tances in the following table are met this part. with respect to all full power TV Chan- nel 6 stations. § 73.816 Antennas. (a) Permittees and licensees may em- LPFM to TV FM channel number channel 6 (km) ploy nondirectional antennas with horizontal only polarization, vertical only 201 ...... 140 202 ...... 138 polarization, circular polarization or 203 ...... 137 elliptical polarization. 204 ...... 136 (b) Directional antennas generally 205 ...... 135 206 ...... 133 will not be authorized and may not be 207 ...... 133 utilized in the LPFM service, except as 208 ...... 133 provided in paragraph (c) of this sec- 209 ...... 133 210 ...... 133 tion. 211 ...... 133 (c)(1) Public safety and transpor- 212 ...... 132 tation permittees and licensees, eligi- 213 ...... 132 214 ...... 132 ble pursuant to § 73.853(a)(2), may uti- 215 ...... 131 lize directional antennas in connection 216 ...... 131 with the operation of a Travelers’ In- 217 ...... 131 218 ...... 131 formation Service (TIS) provided each 219 ...... 130 LPFM TIS station utilizes only a sin- 220 ...... 130 gle antenna with standard pattern characteristics that are predetermined (b) LPFM stations will be authorized by the manufacturer. Public safety and on Channels 201 through 220 only if the transportation permittees and licens- pertinent minimum separation dis- ees may not use composite antennas tances in the following table are met (i.e., antennas that consist of multiple with respect to all low power TV, TV stacked and/or phased discrete trans- translator, and Class A TV stations au- mitting antennas). thorized on TV Channel 6. (2) LPFM permittees and licensees LPFM to TV proposing a waiver of the second-adja- FM channel number channel 6 (km)

cent channel spacing requirements of 201 ...... 98 § 73.807 may utilize directional anten- 202 ...... 97 nas for the sole purpose of justifying 203 ...... 95 such a waiver. 204 ...... 94 205 ...... 93 (d) LPFM TIS stations will be au- 206 ...... 91 thorized as nondirectional stations. 207 ...... 91 The use of a directional antenna as 208 ...... 91 209 ...... 91 provided for in paragraph (c) of this 210 ...... 91 section will not be considered in the 211 ...... 91

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of the primary station site, E = pre- FM channel number LPFM to TV d channel 6 (km) dicted field strength (dBu) of the pri- 212 ...... 90 mary station at the translator site, or 213 ...... 90 (3) Reaches an agreement with the li- 214 ...... 90 censee of the FM translator regarding 215 ...... 90 216 ...... 89 an alternative technical solution. 217 ...... 89 218 ...... 89 NOTE TO PARAGRAPH (a): LPFM applicants 219 ...... 89 may assume that an FM translator station’s 220 ...... 89 receive and transmit antennas are collocated. [65 FR 67303, Nov. 9, 2000, as amended at 78 (b) An authorized LPFM station will FR 2106, Jan. 9, 2013; 85 FR 35573, June 11, not be permitted to continue to oper- 2020] ate if an FM translator or FM booster § 73.827 Interference to the input sig- station demonstrates that the LPFM nals of FM translator or FM booster station is causing actual interference stations. to the FM translator or FM booster (a) Interference to the direct reception station’s input signal, provided that of the input signal of an FM translator the same input signal was in use or station. This subsection applies when proposed in an application filed with an LPFM application proposes to oper- the Commission prior to the release of ate near an FM translator station, the the public notice announcing the dates FM translator station is receiving its for an LPFM application filing window input signal off-air (either directly and has been continuously in use or from the primary station or from a proposed since that time. translator station) and the LPFM ap- (c) Complaints of actual interference plication proposes to operate on a by an LPFM station subject to para- third-adjacent channel to the station graph (b) of this section must be served delivering an input signal to the trans- on the LPFM licensee and the Federal lator station. In these circumstances, Communications Commission, Atten- the LPFM station will not be author- tion: Audio Division, Media Bureau. ized unless it is located at least 2 km The LPFM station must suspend oper- from the FM translator station. In ad- ations upon the receipt of such com- dition, in cases where an LPFM station plaint unless the interference has been is located within ±30 degrees of the azi- resolved to the satisfaction of the com- muth between the FM translator sta- plainant on the basis of suitable tech- tion and its input signal, the LPFM niques. Short test transmissions may station will not be authorized unless it be made during the period of suspended is located at least 10 kilometers from operations to check the efficacy of re- the FM translator station. The provi- medial measures. An LPFM station sions of this subsection will not apply may only resume full operation at the if the LPFM applicant: direction of the Federal Communica- (1) Demonstrates that no actual in- tions Commission. If the Commission terference will occur due to an determines that the complainant has undesired (LPFM) to desired (station refused to permit the LPFM station to delivering signal to translator station) apply remedial techniques that demon- ratio below 34 dB at such translator strably will eliminate the interference station’s receive antenna. without impairment of the original re- (2) Complies with the minimum ception, the licensee of the LPFM sta- LPFM/FM translator distance separation is absolved of further responsi- tion calculated in accordance with the bility for the complaint. following formula: du = 133.5 antilog [78 FR 2106, Jan. 9, 2013, as amended at 78 FR [(Peu + Gru ¥ Grd ¥ Ed)/20], where du = 67317, Nov. 12, 2013] the minimum allowed separation in km, Peu = LPFM ERP in dBW, Gru = § 73.840 Operating power and mode gain (dBd) of the FM translator receive tolerances. antenna in the direction of the LPFM The transmitter power output (TPO) site, Grd = gain (dBd) of the FM trans- of an LPFM station must be deter- lator receive antenna in the direction mined by the procedures set forth in

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§ 73.267 of this part. The operating TPO LPFM station completes its third year of an LPFM station with an authorized of licensed operations. In cases where TPO of more than ten watts must be the licensee and the prospective li- maintained as near as practicable to censee are unable to agree on time its authorized TPO and may not be less sharing, action on the application will than 90% of the minimum TPO nor be taken only in connection with a re- greater than 105% of the maximum au- newal application for the existing sta- thorized TPO. An LPFM station with tion filed on or after June 1, 2019. In an authorized TPO of ten watts or less order to be considered for this purpose, may operate with less than the author- an application to share time must be ized power, but not more than 105% of filed no later than the deadline for fil- the authorized power. ing petitions to deny the renewal application of the existing licensee. § 73.845 Transmission system oper- (1) The licensee and the prospective ation. licensee(s) shall endeavor to reach an Each LPFM licensee is responsible agreement for a definite schedule of pe- for maintaining and operating its riods of time to be used by each. Such broadcast station in a manner that agreement must be in writing and must complies with the technical rules set set forth which licensee is to operate forth elsewhere in this part and in ac- on each of the hours of the day cordance with the terms of the station throughout the year. Such agreement authorization. In the event that an must not include simultaneous oper- LPFM station is operating in a manner ation of the stations. Each licensee that is not in compliance with the must file the same in triplicate with technical rules set forth elsewhere in each application to the Commission for this part or the terms of the station initial construction permit or renewal authorization, broadcast operation of license. Such written agreements must be terminated within three hours. shall become part of the terms of each station’s license. § 73.850 Operating schedule. (2) The Commission desires to facili- (a) All LPFM stations will be li- tate the reaching of agreements on censed for unlimited time operation, time sharing. However, if the licensees except those stations operating under a of stations authorized to share time time sharing agreement pursuant to are unable to agree on a division of § 73.872. time, the prospective licensee(s) must (b) All LPFM stations are required to submit a statement with the Commis- operate at least 36 hours per week, con- sion to that effect filed with the appli- sisting of at least 5 hours of operation cation(s) proposing time sharing. per day on at least 6 days of the week; (3) After receipt of the type of appli- however, stations licensed to education(s) described in paragraph (c)(2) cational institutions are not required of this section, the Commission will to operate on Saturday or Sunday or to process such application(s) pursuant to observe the minimum operating re- §§ 73.3561 through 73.3568 of this Part. If quirements during those days des- any such application is not dismissed ignated on the official school calendar pursuant to those provisions, the Com- as vacation or recess periods. mission will issue a notice to the par- (c) All LPFM stations, including ties proposing a time-sharing arrange- those meeting the requirements of ment and a grant of the time-sharing paragraph (b) of this section, but which application(s). The licensee may pro- do not operate 12 hours per day each test the proposed action, the prospec- day of the year, will be required to tive licensee(s) may oppose the protest share use of the frequency upon the and/or the proposed action, and the li- grant of an appropriate application censee may reply within the time lim- proposing such share time arrange- its delineated in the notice. All such ment. Such applications must set forth pleadings must satisfy the require- the intent to share time and must be ments of Section 309(d) of the Act. filed in the same manner as are appli- Based on those pleadings and the re- cations for new stations. Such applica- quirements of Section 309 of the Act, tions may be filed at any time after an the Commission will then act on the

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time-sharing application(s) and the li- tenna for applicants in the top 50 urban censee’s renewal application. markets, and 32.1 km (20 miles) for ap- (4) A departure from the regular plicants outside of the top 50 urban schedule set forth in a time-sharing markets; or agreement will be permitted only in (3) In the case of any applicant pro- cases where a written agreement to posing a public safety radio service, the that effect is reduced to writing, is applicant has jurisdiction within the signed by the licensees of the stations service area of the proposed LPFM sta- affected thereby, and is filed in trip- tion. licate by each licensee with the Com- (4) In the case of a Tribal Applicant, mission, Attention: Audio Division, as defined in paragraph (c) of this sec- Media Bureau, prior to the time of the tion, the Tribal Applicant’s Tribal proposed change. If time is of the es- lands, as that term is defined in sence, the actual departure in oper- § 73.7000, are within the service area of ating schedule may precede the actual the proposed LPFM station. filing of the written agreement, pro- (c) A Tribal Applicant is a Tribe or vided that appropriate notice is sent to an entity that is 51 percent or more the Commission in Washington, DC, owned or controlled by a Tribe or Attention: Audio Division, Media Bu- Tribes. For these purposes, Tribe is de- reau. fined as set forth in § 73.7000. [65 FR 7640, Feb. 15, 2000, as amended at 78 [65 FR 7640, Feb. 15, 2000, as amended at 73 FR 2106, Jan. 9, 2013] FR 3216, Jan. 17, 2008; 78 FR 2107, Jan. 9, 2013]

§ 73.853 Licensing requirements and § 73.854 Unlicensed radio operations. service. No application for an LPFM station (a) An LPFM station may be licensed may be granted unless the applicant only to: certifies, under penalty of perjury, that (1) Nonprofit educational organiza- neither the applicant, nor any party to tions and upon a showing that the pro- the application, has engaged in any posed station will be used for the ad- manner, including individually or with vancement of an educational program; persons, groups, organizations, or other and entities, in the unlicensed operation of (2) State and local governments and any station in violation of Section 301 non-government entities that will proof the Communications Act of 1934, as vide non-commercial public safety amended, 47 U.S.C. 301. If an applica- radio services. tion is dismissed pursuant to this sec- (3) Tribal Applicants, as defined in tion, the applicant is precluded from paragraph (c) of this section that will seeking nunc pro tunc reinstatement of provide non-commercial radio services. the application and/or changing its di- (b) Only local organizations will be rectors to resolve the basic qualifica- permitted to submit applications and tion issues. to hold authorizations in the LPFM service. For the purposes of this para- [85 FR 7889, Feb. 12, 2020] graph, an organization will be deemed local if it can certify, at the time of ap- § 73.855 Ownership limits. plication, that it meets the criteria (a) No authorization for an LPFM listed below and if it continues to sat- station shall be granted to any party if isfy the criteria at all times thereafter. the grant of that authorization will re- (1) The applicant, its local chapter or sult in any such party holding an at- branch is physically headquartered or tributable interest in two or more has a campus within 16.1 km (10 miles) LPFM stations. of the proposed site for the transmit- (b) Notwithstanding the general pro- ting antenna for applicants in the top hibition set forth in paragraph (a) of 50 urban markets, and 32.1 km (20 this section, Tribal Applicants, as de- miles) for applicants outside of the top fined in § 73.853(c), may hold an attrib- 50 urban markets; utable interest in up to two LPFM sta- (2) It has 75% of its board members tions. residing within 16.1 km (10 miles) of the (c) Notwithstanding the general pro- proposed site for the transmitting an- hibition set forth in paragraph (a) of

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this section, not-for-profit organiza- attributable interests in one LPFM tions and governmental entities with a station and no more than two FM public safety purpose may be granted translator stations, two FM booster multiple licenses if: stations, or one FM translator station (1) One of the multiple applications is and one FM booster station provided submitted as a priority application; that the following requirements are and met: (2) The remaining non-priority appli- (1) The 60 dBu contour of the LPFM cations do not face a mutually exclu- station overlaps the 60 dBu contour of sive challenge. the commonly-owned FM translator [78 FR 2107, Jan. 9, 2013] station(s) and entirely encompasses the 60 dBu service contour of the FM boost- § 73.858 Attribution of LPFM station er station(s); interests. (2) The FM translator and/or booster Ownership and other interests in station(s), at all times, synchronously LPFM station permittees and licensees rebroadcasts the primary analog signal will be attributed to their holders and of the commonly-owned LPFM station deemed cognizable for the purposes of or, if the commonly-owned LPFM sta- §§ 73.855 and 73.860, in accordance with tion operates in hybrid mode, syn- the provisions of § 73.3555, subject to the following exceptions: chronously rebroadcasts the digital (a) A director of an entity that holds HD–1 version of the LPFM station’s an LPFM license will not have such in- signal; terest treated as attributable if such (3) The FM translator station re- director also holds an attributable in- ceives the signal of the commonly- terest in a broadcast licensee or other owned LPFM station over-the-air and media entity but recuses himself or directly from the commonly-owned herself from any matters affecting the LPFM station itself. The FM booster LPFM station. station receives the signal of the com- (b) A local chapter of a national or monly-owned LPFM station by any other large organization shall not have means authorized in § 74.1231(i) of this the attributable interests of the na- chapter; and tional organization attributed to it (4) The transmitting antenna of the provided that the local chapter is sepa- FM translator and/or booster station(s) rately incorporated and has a distinct is located within 16.1 kilometers (10 local presence and mission. miles) for LPFM stations located in (c) A parent or subsidiary of a LPFM the top 50 urban markets and 32.1 kilo- licensee or permittee that is a non- meters (20 miles) for LPFM stations stock corporation will be treated as outside the top 50 urban markets of ei- having an attributable interest in such ther the transmitter site of the com- corporation. The officers, directors, monly-owned LPFM station or the ref- and members of a non-stock corporation’s governing body and of any par- erence coordinates for that station’s ent or subsidiary entity will have such community of license. positional interests attributed to them. (c) A party that is a Tribal Appli- cant, as defined in § 73.853(c), may hold § 73.860 Cross-ownership. attributable interests in no more than (a) Except as provided in paragraphs two LPFM stations and four FM trans- (b), (c) and (d) of this section, no li- lator stations provided that the re- cense shall be granted to any party if quirements set forth in paragraph (b) the grant of such authorization will re- of this section are met. sult in the same party holding an at- (d) Unless such interest is permis- tributable interest in any other non- sible under paragraphs (b) or (c) of this LPFM broadcast station, including any section, a party with an attributable FM translator or low power television interest in a broadcast radio station station, or any other media subject to must divest such interest prior to the our broadcast ownership restrictions. commencement of operations of an (b) A party that is not a Tribal Appli- LPFM station in which the party also cant, as defined in § 73.853(c), may hold holds an interest. However, a party

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need not divest such an attributable in- § 73.870 Processing of LPFM broadcast terest if the party is a college or uni- station applications. versity that can certify that the exist- (a) A minor change for an LPFM sta- ing broadcast radio station is not stu- tion authorized under this subpart is dent run. This exception applies only limited to transmitter site relocations to parties that: of 5.6 kilometers or less. These distance (1) Are accredited educational insti- limitations do not apply to amend- tutions; ments or applications proposing trans- (2) Own an attributable interest in mitter site relocation to a common lo- non-student run broadcast stations; cation filed by applicants that are par- and ties to a voluntary time-sharing agree- (3) Apply for an authorization for an ment with regard to their stations pur- LPFM station that will be managed suant to § 73.872 paragraphs (c) and (e). and operated on a day-to-day basis by These distance limitations also do not students of the accredited educational apply to an amendment or application institution. proposing transmitter site relocation (e) No LPFM licensee may enter into to a common location or a location an operating agreement of any type, very close to another station operating including a time brokerage or manage- on a third-adjacent channel in order to ment agreement, with either a full remediate interference to the other power broadcast station or another station; provided, however, that the LPFM station. proposed relocation is consistent with [78 FR 2107, Jan. 9, 2013, as amended at 85 FR all localism certifications made by the 35573, June 11, 2020] applicant in its original application for the LPFM station. Minor changes of § 73.865 Assignment and transfer of LPFM stations may include: LPFM licenses. (1) Changes in frequency to adjacent (a) Assignment/Transfer: No party may or IF frequencies or, upon a technical assign or transfer an LPFM license if: showing of reduced interference, to any (1) Consideration promised or re- frequency; and ceived exceeds the depreciated fair (2) Amendments to time-sharing market value of the physical equip- agreements, including universal agreement and facilities; and/or ments that supersede involuntary ar- (2) The transferee or assignee is in- rangements. capable of satisfying all eligibility cri- (b) The Commission will specify by teria that apply to a LPFM licensee. Public Notice a window filing period (b) A change in the name of an LPFM for applications for new LPFM stations licensee where no change in ownership and major modifications in the facili- or control is involved may be accom- ties of authorized LPFM stations. plished by written notification by the LPFM applications for new facilities licensee to the Commission. and for major modifications in authorized LPFM stations will be accepted (c) Holding period: A license cannot be transferred or assigned for three years only during the appropriate window. from the date of issue, and the licensee Applications submitted prior to the must operate the station during the window opening date identified in the three-year holding period. Public Notice will be returned as premature. Applications submitted after (d) No party may assign or transfer the deadline will be dismissed with an LPFM construction permit at any prejudice as untimely. time. (c) Applications subject to paragraph (e) Transfers of control involving a (b) of this section that fail to meet the sudden change of more than 50 percent § 73.807 minimum distance separations of an LPFM’s governing board shall with respect to all applications and fa- not be deemed a substantial change in cilities in existence as the date of the ownership or control, subject to the fil- pertinent public notice in paragraph (b) ing of an FCC Form 316. of this section other than to LPFM sta- [73 FR 3216, Jan. 17, 2008] tion facilities proposed in applications

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filed in the same window, will be dis- by the date specified in the FCC’s Pub- missed without any opportunity to lic Notice announcing the acceptance amend such applications. of such applications. For the purposes (d) Following the close of the win- of this section, minor amendments are dow, the Commission will issue a Pub- limited to: lic Notice of acceptance for filing of ap- (1) Site relocations of 11.2 kilometers plications submitted pursuant to para- or less; graph (b) of this section that meet (2) Site relocations that involve over- technical and legal requirements and lap between the 60 dBu service con- that are not in conflict with any other tours of the currently authorized and application filed during the window. proposed facilities; Following the close of the window, the Commission also will issue a Public (3) Changes in ownership where the Notice of the acceptance for filing of original party or parties to an applica- all applications tentatively selected tion either: pursuant to the procedures for mutu- (i) Retain more than a 50 percent ally exclusive LPFM applications set ownership interest in the application forth at § 73.872. Petitions to deny such as originally filed; applications may be filed within 30 (ii) Retain an ownership interest of 50 days of such public notice and in ac- percent or less as the result of gov- cordance with the procedures set forth erning board changes in a nonstock or at § 73.3584. A copy of any petition to membership applicant that occur over deny must be served on the applicant. a period of six months or more; or (e) Minor change LPFM applications (iii) Retain an ownership interest of may be filed at any time, unless re- 50 percent or less as the result of gov- stricted by the staff, and generally, erning board changes in a nonstock or will be processed in the order in which membership applicant that occur over they are tendered. Such applications a period of less than six months and must meet all technical and legal re- there is no evidence of a takeover con- quirements applicable to new LPFM cern or a significant effect on such or- station applications. (f) New entrants seeking to apply for ganization’s mission. All changes in a unused or unwanted time on a time- governmental applicant are considered sharing frequency will only be accepted minor; during an open filing window, specified (4) Universal voluntary time-sharing pursuant to paragraph (b) of this sec- agreements to apportion vacant time tion. among the licensees; (5) Other changes in general and/or [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 70 FR 39186, July 7, legal information; 2005; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. (6) Filings proposing transmitter site 9, 2013] relocation to a common location submitted by applications that are parties § 73.871 Amendment of LPFM broad- to a voluntary time-sharing agreement cast station applications. with regard to their stations pursuant (a) New and major change applica- to § 73.872 (c) and (e); and tions may be amended without limita- (7) Filings proposing transmitter site tion during the pertinent filing win- relocation to a common location or a dow. location very close to another station (b) Amendments that would improve operating on a third-adjacent channel the comparative position of new and in order to remediate interference to major change applications will not be the other station. accepted after the close of the pertinent filing window. (d) Unauthorized or untimely amend- (c) Only minor amendments to new ments are subject to return by the and major change applications will be FCC’s staff without consideration. accepted after the close of the perti- [66 FR 23863, May 10, 2001, as amended at 70 nent filing window. Subject to the pro- FR 39186, July 7, 2005; 73 FR 3217, Jan. 17, visions of this section, such amend- 2008; 78 FR 2108, Jan. 9, 2013; 85 FR 7889, Feb. ments may be filed as a matter of right 12, 2020; 85 FR 35574, June 11, 2020]

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§ 73.872 Selection procedure for mutu- (3) Main studio. The applicant must ally exclusive LPFM applications. pledge to maintain a publicly acces- (a) Following the close of each win- sible main studio that has local pro- dow for new LPFM stations and for gram origination capability, is reach- able by telephone, is staffed at least 20 modifications in the facilities of au- hours per week between 7 a.m. and 10 thorized LPFM stations, the Commis- p.m., and is located within 16.1 km (10 sion will issue a public notice identi- miles) of the proposed site for the fying all groups of mutually exclusive transmitting antenna for applicants in applications. Such applications will be the top 50 urban markets and 32.1 km awarded points to determine the ten- (20 miles) for applicants outside the top tative selectee. Unless resolved by set- 50 urban markets. Applicants claiming tlement pursuant to paragraph (e) of a point under this criterion must speci- this section, the tentative selectee will fy the proposed address and telephone be the applicant within each group number for the proposed main studio in with the highest point total under the FCC Form 318 at the time of filing procedure set forth in this section, ex- their applications. cept as provided in paragraphs (c) and (4) Local program origination and main (d) of this section . studio. The applicant must make both (b) Each mutually exclusive applica- the local program origination and main tion will be awarded one point for each studio pledges set forth in paragraphs of the following criteria, based on cer- (b)(2) and (3) of this section. tifications that the qualifying condi- (5) Diversity of ownership. An appli- tions are met and submission of any re- cant must hold no attributable inter- quired documentation: ests in any other broadcast station. (1) Established community presence. An (6) Tribal Applicants serving Tribal applicant must, for a period of at least Lands. The applicant must be a Tribal two years prior to application and at Applicant, as defined in § 73.853(c), and all times thereafter, have qualified as the proposed site for the transmitting local pursuant to § 73.853(b). Applicants antenna must be located on that Tribal claiming a point for this criterion must Applicant’s ‘‘Tribal Lands,’’ as defined submit any documentation specified in in § 73.7000. Applicants claiming a point FCC Form 318 at the time of filing for this criterion must submit the doc- their applications. umentation set forth in FCC Form 318 (2) Local program origination. The ap- at the time of filing their applications. plicant must pledge to originate lo- (c) Voluntary time-sharing. If mutu- cally at least eight hours of program- ally exclusive applications have the ming per day. For purposes of this cri- same point total, any two or more of terion, local origination is the produc- the tied applicants may propose to tion of programming by the licensee, share use of the frequency by electroni- within ten miles of the coordinates of cally submitting, within 90 days of the the proposed transmitting antenna. release of a public notice announcing Local origination includes licensee pro- the tie, a time-share proposal. Such duced call-in shows, music selected and proposals shall be treated as minor played by a disc jockey present on site, amendments to the time-share pro- broadcasts of events at local schools, ponents’ applications, and shall become and broadcasts of musical perform- part of the terms of the station author- ances at a local studio or festival, ization. Where such proposals include whether recorded or live. Local origi- all of the tied applications, all of the nation does not include the broadcast tied applications will be treated as ten- of repetitive or automated programs or tative selectees; otherwise, time-share time-shifted recordings of non-local proponents’ points will be aggregated. programming whatever its source. In (1) Time-share proposals shall be in addition, local origination does not in- writing and signed by each time-share clude a local program that has been proponent, and shall satisfy the fol- broadcast twice, even if the licensee lowing requirements: broadcasts the program on a different (i) The proposal must specify the pro- day or makes small variations in the posed hours of operation of each time- program thereafter. share proponent;

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(ii) The proposal must not include si- reach such agreement, the Commission multaneous operation of the time- will require each applicant subject to share proponents; and involuntary time-sharing to simulta- (iii) Each time-share proponent must neously and confidentially submit propose to operate for at least 10 hours their preferred time slots to the Com- per week. mission. If there are only two tied, (2) Where a station is authorized pur- grantable applications, the applicants suant to a time-sharing proposal, a must select between the following 12- change of the regular schedule set hour time slots 3 a.m.–2:59 p.m., or 3 forth therein will be permitted only p.m.–2:59 a.m. If there are three tied, where a written agreement signed by grantable applications, each applicant each time-sharing permittee or li- must rank their preference for the fol- censee and complying with require- lowing 8-hour time slots: 2 a.m.–9:59 ments in paragraphs (c)(1)(i) through a.m., 10 a.m.–5:59 p.m., and 6 p.m.–1:59 (iii) of this section is filed with the a.m. The Commission will require the Commission, Attention: Audio Divi- applicants to certify that they did not sion, Media Bureau, prior to the date of collude with any other applicants in the change. the selection of time slots. The Com- (3) Where a station is authorized pur- mission will give preference to the ap- suant to a voluntary time-sharing pro- plicant that has been local for the posal, the parties to the time-sharing longest uninterrupted period of time. agreement may apportion among them- The Commission will award time in selves any air time that, for any rea- units as small as four hours per day. In son, becomes vacant. the event an applicant neglects to des- (4) Concurrent license terms granted ignate its preferred time slots, staff under paragraph (d) of this section may will select a time slot for that appli- be converted into voluntary time-shar- cant. ing arrangements renewable pursuant (3) Groups of more than three tied, to § 73.3539 by submitting a universal grantable applications will not be eligi- time-sharing proposal. ble for licensing under this section. (d) Involuntary time-sharing. (1) If a Where such groups exist, the Commis- tie among mutually exclusive applica- sion will dismiss all but the applications is not resolved through voluntary tions of the three applicants that have time-sharing in accordance with para- been local, as defined in § 73.853(b), for graph (c) of this section, the tied appli- the longest uninterrupted periods of cations will be reviewed for accept- time. The Commission then will proc- ability. Applicants with tied, grantable ess the remaining applications as set applications will be eligible for equal, forth in paragraph (d)(2) of this section. concurrent, non-renewable license (4) If concurrent license terms grant- terms. ed under this section are converted (2) If a mutually exclusive group has into universal voluntary time-sharing three or fewer tied, grantable applica- arrangements pursuant to paragraph tions, the Commission will simulta- (c)(4) of this section, the permit or li- neously grant these applications, as- cense is renewable pursuant to §§ 73.801 signing an equal number of hours per and 73.3539. week to each applicant. The Commis- (e) Settlements. Mutually exclusive sion will determine the hours assigned applicants may propose a settlement at to each applicant by first assigning any time during the selection process hours to the applicant that has been after the release of a public notice an- local, as defined in § 73.853(b), for the nouncing the mutually exclusive longest uninterrupted period of time, groups. Settlement proposals must then assigning hours to the applicant comply with the Commission’s rules that has been local for the next longest and policies regarding settlements, in- uninterrupted period of time, and fi- cluding the requirements of §§ 73.3525, nally assigning hours to any remaining 73.3588 and 73.3589. Settlement pro- applicant. The Commission will offer posals may include time-share agree- applicants an opportunity to volun- ments that comply with the require- tarily reach a time-sharing agreement. ments of paragraph (c) of this section, In the event that applicants cannot provided that such agreements may

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not be filed for the purpose of point ag- (4) Any change in channel. gregation outside of the 90 day period (c) The following LPFM modifica- set forth in paragraph (c) of this sections may be made without prior au- tion. thorization from the Commission. A modification of license application [65 FR 7640, Feb. 15, 2000, as amended at 65 FR 67304, Nov. 9, 2000; 67 FR 13232, Mar. 21, (FCC Form 319) must be submitted to 2002; 73 FR 3217, Jan. 17, 2008; 78 FR 2108, Jan. the Commission within 10 days of com- 9, 2013] mencing program test operations pursuant to § 73.1620. For applications filed § 73.873 LPFM license period. pursuant to paragraph (c)(1) of this sec- (a) Initial licenses for LPFM stations tion, the modification of license appli- will be issued for a period running until cation must contain an exhibit dem- the date specified in § 73.1020 for full onstrating compliance with the Com- service stations operating in the LPFM mission’s radiofrequency radiation station’s state or territory, or if issued guidelines. In addition, for applications after such date, determined in accord- filed solely pursuant to paragraphs ance with § 73.1020. (c)(1) or (2) of this section, where the (b) The license of an LPFM station installation is on or near an AM tower, that fails to transmit broadcast signals as defined in § 1.30002, an exhibit dem- for any consecutive 12-month period onstrating compliance with § 1.30003 or expires as a matter of law at the end of § 1.30002, as applicable, is also required. that period, notwithstanding any pro- (1) Replacement of an antenna with vision, term, or condition of the license one of the same or different number of to the contrary. antenna bays, provided that the height of the antenna radiation center is not [78 FR 2109, Jan. 9, 2013] more than 2 meters above or 4 meters § 73.875 Modification of transmission below the authorized values. Program systems. test operations at the full authorized ERP may commence immediately upon The following procedures and restric- installation pursuant to § 73.1620(a)(1). tions apply to licensee modifications of (2) Replacement of a transmission authorized broadcast transmission sys- line with one of a different type or tem facilities. length which changes the transmitter (a) The following changes are prohib- operating power (TPO) from the au- ited: (1) Those that would result in the thorized value, but not the ERP, must emission of signals outside of the au- be reported in a license modification thorized channel exceeding limits pre- application to the Commission. scribed for the class of service. (3) Changes in the hours of operation (2) Those that would cause the trans- of stations authorized pursuant to mission system to exceed the equip- time-share agreements in accordance ment performance measurements pre- with § 73.872. scribed in § 73.508. [65 FR 7640, Feb. 15, 2000, as amended at 78 (b) The following changes may be FR 66298, Nov. 5, 2013] made only after the grant of a construction permit application on FCC § 73.877 Station logs for LPFM sta- Form 318. tions. (1) Any construction of a new tower The licensee of each LPFM station structure for broadcast purposes, ex- must maintain a station log. Each log cept for replacement of an existing entry must include the time and date tower with a new tower of identical of observation and the name of the per- height and geographic coordinates. son making the entry. The following (2) Any change in station geographic information must be entered in the sta- coordinates, including coordinate cor- tion log: rections and any move of the antenna (a) Any extinguishment or malfunc- to another tower structure located at tion of the antenna structure obstruc- the same coordinates. tion lighting, adjustments, repairs, or (3) Any change in antenna height replacement to the lighting system, or more than 2 meters above or 4 meters related notification to the FAA. See below the authorized value. §§ 17.48 and 73.49 of this chapter.

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(b) Brief explanation of station out- will hinder law enforcement activities ages due to equipment malfunction, of the agency, stating insofar as fea- servicing, or replacement; sible the basis for his decision and the (c) Operations not in accordance with date when it can reasonably be ex- the station license; and pected that such records will be re- (d) EAS weekly log requirements set leased to the FCC. forth in § 11.61(a)(1)(v) of this chapter. [65 FR 67304, Nov. 9, 2000] § 73.879 Signal retransmission. An LPFM licensee may not re- § 73.878 Station inspections by FCC; transmit, either terrestrially or via availability to FCC of station logs satellite, the signal of a full-power and records. radio broadcast station. (a) The licensee of a broadcast station shall make the station available § 73.881 Equal employment opportuni- for inspection by representatives of the ties. FCC during the station’s business General EEO policy. Equal employ- hours, and at any time it is in oper- ment opportunity shall be afforded by ation. In the course of an inspection or all LPFM licensees and permittees to investigation, an FCC representative all qualified persons, and no person may require special equipment or pro- shall be discriminated against because gram tests. of race, color , religion, national ori- (b) Station records and logs shall be gin, or sex. made available for inspection or duplication at the request of the FCC or its representatives. Such logs or records Subpart H—Rules Applicable to All may be removed from the licensee’s Broadcast Stations possession by an FCC representative or, upon request, shall be mailed by the § 73.1001 Scope. licensee to the FCC by either reg- (a) The rules in this subpart are com- istered mail, return receipt requested, mon to all AM, FM, TV and Class A TV or certified mail, return receipt rebroadcast services, commercial and quested. The return receipt shall be re- noncommercial. tained by the licensee as part of the (b) Rules in part 73 applying exclu- station records until such records or sively to a particular broadcast service logs are returned to the licensee. A re- are contained in the following: AM, ceipt shall be furnished when the logs subpart A; FM, subpart B; Noncommer- or records are removed from the licens- cial Educational FM, subpart C; TV, ee’s possession by an FCC representa- subpart E; LPFM, subpart G; and Class tive and this receipt shall be retained A TV, subpart J. by the licensee as part of the station (c) Certain provisions of this subpart records until such records or logs are apply to International Broadcast Sta- returned to the licensee. When the FCC tions (subpart F, part 73), LPFM (sub- has no further need for such records or part G, part 73), and Low Power TV, TV logs, they shall be returned to the li- Translator and TV Booster Stations censee. The provisions of this rule shall (subpart G, part 74) where the rules for apply solely to those station logs and those services so provide. records that are required to be main- (d) The provisions of this part apply- tained by the provisions of this part. ing to licensees also apply to holders of (1) Where records or logs are main- construction permits (permittees). tained as the official records of a recognized law enforcement agency and [43 FR 32781, July 28, 1978, as amended at 52 the removal of the records from the FR 31399, Aug. 20, 1987; 65 FR 7648, Feb. 15, possession of the law enforcement 2000; 65 FR 30003, May 10, 2000] agency will hinder its law enforcement activities, such records will not be re- § 73.1010 Cross reference to rules in moved pursuant to this section if the other parts. chief of the law enforcement agency Certain rules applicable to broadcast promptly certifies in writing to the services, some of which are also appli- FCC that removal of the logs or records cable to other services, are set forth in

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the following Parts of the FCC Rules (7) Subpart L, ‘‘FM Broadcast Trans- and Regulations. lator Stations and FM Broadcast (a) Part 1, ‘‘Practice and Procedure.’’ Booster Stations’’. (1) Subpart A, ‘‘General Rules of [53 FR 2498, Jan. 28, 1988, as amended at 57 Practice and Procedure’’. (§§ 1.1 to FR 48333, Oct. 23, 1992; 60 FR 55480, Nov. 1, 1.117). 1995; 63 FR 48622, Sept. 11, 1998; 66 FR 47896, (2) Subpart B, ‘‘Hearing Pro- Sept. 14, 2001; 69 FR 72043, Dec. 10, 2004; 76 FR ceedings’’. (§§ 1.201 to 1.364) 70911, Nov. 16, 2011; 81 FR 86613, Dec. 1, 2016] (3) Subpart C, ‘‘Rulemaking Pro- ceedings’’. (§§ 1.399 to 1.430). § 73.1015 Truthful written statements (4) Subpart G, ‘‘Schedule of Statu- and responses to Commission inquiries and correspondence. tory Charges and Procedures for Pay- ment’’. (§§ 1.1101 to 1.1117.) The Commission or its representa- (5) Subpart H, ‘‘Ex Parte Commu- tives may, in writing, require from any nications’’. (§§ 1.1200 to 1.1216). applicant, permittee, or licensee writ- (6) Subpart I, ‘‘Procedures Imple- ten statements of fact relevant to a de- menting the National Environmental termination whether an application Policy Act of 1969’’. (§§ 1.1301 to 1.1319). should be granted or denied, or to a de- (7) Subpart P, ‘‘Implementation of termination whether a license should the Anti-Drug Abuse Act of 1988’’. be revoked, or to any other matter (§§ 1.2001–1.2003.) within the jurisdiction of the Commis- (8) Subpart Q, ‘‘Competitive Bidding sion, or, in the case of a proceeding to Proceedings’’ (§§ 1.2101–1.2112). amend the FM or Television Table of (9) Subpart T, ‘‘Foreign Ownership of Allotments, require from any person Broadcast, Common Carrier, Aero- filing an expression of interest, written nautical En Route, and Aeronautical statements of fact relevant to that al- Fixed Radio Station Licensees’’. lotment proceeding. Any such state- (§§ 1.5000 to 1.5004). ments of fact are subject to the provi- (10) Part 1, Subpart W of this chap- sions of § 1.17 of this chapter. ter, ‘‘FCC Registration Number’’. [68 FR 15098, Mar. 28, 2003] (§§ 1.8001–1.8005). (b) Part 2, ‘‘Frequency Allocations § 73.1020 Station license period. and Radio Treaty Matters, General (a) Initial licenses for broadcast sta- Rules and Regulations’’, including Sub- tions will ordinarily be issued for a pe- parts A, ‘‘Terminology’’; B, ‘‘Alloca- riod running until the date specified in tion, Assignments and Use of Radio this section for the State or Territory Frequencies’’; C, ‘‘Emissions’’; D, ‘‘Call in which the station is located. If Signs and Other Forms of Identifying issued after such date, it will run to Radio Transmissions’’; and J, ‘‘Equip- the next renewal date determined in ment Authorization Procedures’’. accordance with this section. Both (c) [Reserved] radio and TV broadcasting stations (d) Part 17, ‘‘Construction, Marking will ordinarily be renewed for 8 years. and Lighting of Antenna Structures’’. However, if the FCC finds that the pub- (e) Part 74, ‘‘Experimental, Auxiliary lic interest, convenience and necessity and Special Broadcast and Other Pro- will be served thereby, it may issue ei- gram Distributional Services’’ includ- ther an initial license or a renewal ing: thereof for a lesser term. The time of (1) Subpart A, ‘‘Experimental Broad- expiration of normally issued initial cast Stations’’; and renewal licenses will be 3 a.m., (2) Subpart D, ‘‘Remote Pickup local time, on the following dates and Broadcast Stations’’; thereafter at 8-year intervals for radio (3) Subpart E, ‘‘Aural Broadcast Aux- and TV broadcast stations located in: iliary Stations’’; (1) Maryland, District of Columbia, (4) Subpart F, ‘‘Television Broadcast Virginia and West Virginia: Auxiliary Stations’’; (i) Radio stations, October 1, 2011. (5) Subpart G, ‘‘Low Power TV, TV (ii) Television stations, October 1, Translator and TV Booster Stations’’; 2012. (6) Subpart H, ‘‘Low Power Auxiliary (2) North Carolina and South Caro- Stations’’; lina:

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(i) Radio stations, December 1, 2011. (i) Radio stations, April 1, 2014. (ii) Television stations, December 1, (ii) Television stations, April 1, 2015. 2012. (17) New Jersey and New York: (3) Florida, Puerto Rico and the Vir- (i) Radio stations, June 1, 2014. gin Islands: (ii) Television stations, June 1, 2015. (i) Radio stations, February 1, 2012. (18) Delaware and Pennsylvania: (ii) Television stations, February 1, (i) Radio stations, August 1, 2014. 2013. (4) Alabama and Georgia: (ii) Television stations, August 1, (i) Radio stations, April 1, 2012. 2015. (ii) Television stations, April 1, 2013. (b) For the cutoff date for the filing (5) Arkansas, Louisiana and Mis- of applications mutually exclusive sissippi: with renewal applications that are filed (i) Radio stations, June 1, 2012. on or before May 1, 1995 and for the (ii) Television stations, June 1, 2013. deadline for filing petitions to deny re- (6) Tennessee, Kentucky and Indiana: newal applications, see § 73.3516(e). (i) Radio stations, August 1, 2012. (c) The license of a broadcasting sta- (ii) Television stations, August 1, tion that fails to transmit broadcast 2013. signals for any consecutive 12-month (7) Ohio and Michigan: period expires as a matter of law at the (i) Radio stations, October 1, 2012. end of that period, notwithstanding (ii) Television stations, October 1, any provision, term, or condition of the 2013. license to the contrary. (8) Illinois and Wisconsin: (i) Radio stations, December 1, 2012. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)) (ii) Television stations, December 1, 2013. [49 FR 4382, Feb. 6, 1984, as amended at 52 FR (9) Iowa and Missouri: 25604, July 8, 1987; 59 FR 63051, Dec. 7, 1994; 61 (i) Radio stations, February 1, 2013. FR 18291, Apr. 25, 1996; 61 FR 28767, June 6, (ii) Television stations, February 1, 1996; 62 FR 5347, Feb. 5, 1997; 76 FR 20249, Apr. 2014. 12, 2011] (10) Minnesota, North Dakota, South § 73.1030 Notifications concerning in- Dakota, Montana and Colorado: terference to radio astronomy, re- (i) Radio stations, April 1, 2013. search and receiving installations. (ii) Television stations, April 1, 2014. (11) Kansas, Oklahoma and Nebraska: (a)(1) Radio astronomy and radio re- (i) Radio stations, June 1, 2013. search installations. In order to mini- (ii) Television stations, June 1, 2014. mize harmful interference at the Na- (12) Texas: tional Radio Astronomy Observatory (i) Radio stations, August 1, 2013. site located at Green, Pocahontas (ii) Television stations, August 1, County, West Virginia, and at the 2014. 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, 2013. ate a short-term broadcast auxiliary (ii) Television stations, October 1, station pursuant to § 74.24, and any ap- 2014. plicant for authority to construct a (14) California: new broadcast station, or for authority (i) Radio stations, December 1, 2013. to make changes in the frequency, (ii) Television stations, December 1, power, antenna height, or antenna di- 2014. rectivity of an existing station within (15) Alaska, American Samoa, Guam, the area bounded by 39°15′ N on the Hawaii, Mariana Islands, Oregon and north, 78°30′ W on the east, 37°30′ N on Washington: the south, and 80°30′ W on the west, (i) Radio stations, February 1, 2014. shall notify the Interference Office, Na- (ii) Television stations, February 1, tional Radio Astronomy Observatory, 2015. P.O. Box 2, Green Bank, West Virginia (16) Connecticut, Maine, Massachu- 24944. Telephone: (304) 456–2011. The no- setts, New Hampshire, Rhode Island tification shall be in writing and set and Vermont: forth the particulars of the proposed

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station, including the geographical co- potential interference problem with ordinates of the antenna, antenna the Arecibo Observatory and to file ei- height, antenna directivity if any, pro- ther an amendment to the application posed frequency, type of emission and or a modification application, as appro- power. The notification shall be made priate. The Commission shall deter- prior to, or simultaneously with, the mine whether an applicant has satis- filing of the application with the Com- fied its responsibility to make reason- mission. After receipt of such applica- able efforts to protect the Observatory tions, the FCC will allow a period of 20 from interference. days for comments or objections in re- (b) Radio receiving installations. Pro- sponse to the notifications indicated. If tection for Table Mountain Radio Re- an objection to the proposed operation ceiving Zone, Boulder County, Colo- is received during the 20-day period rado: Applicants for a station author- from the National Radio Astronomy ization to operate in the vicinity of Observatory for itself, or on behalf of Boulder County, Colorado under this the Naval Radio Research Observatory, Part are advised to give due consider- the FCC will consider all aspects of the ation, prior to filing applications, to problem and take whatever action is the need to protect the Table Mountain deemed appropriate. Radio Receiving Zone from harmful in- (2) Any applicant for a new perma- terference. These are the research lab- nent base or fixed station authoriza- oratories of the Department of Com- tion to be located on the islands of merce, Boulder County, Colorado. To Puerto Rico, Desecheo, Mona, Vieques, prevent degradation of the present am- and Culebra, or for a modification of an bient radio signal level at the site, the existing authorization which would Department of Commerce seeks to en- change the frequency, power, antenna sure that the field strengths of any ra- height, directivity, or location of a sta- diated signals (excluding reflected sig- tion on these islands and would in- nals) received on this 1800 acre site crease the likelihood of the authorized (within the area bounded by 40°09′10″ N facility causing interference, shall no- Latitude on the north, 105°13′31″ W Lon- tify the Interference Office, Arecibo gitude on the east, 40°07′05″ N Latitude Observatory, HC3 Box 53995, Arecibo, on the south, and 105°15′13″ W Lon- Puerto Rico 00612, in writing or elec- gitude on the west) resulting from new tronically, of the technical parameters assignments (other than mobile sta- of the proposal. Applicants may wish tions) or from the modification of relo- to consult interference guidelines, cation of existing facilities do not ex- which will be provided by Cornell Uni- ceed the following values: versity. Applicants who choose to Field Power flux transmit information electronically strength in density in should e-mail to: [email protected]. authorized authorized Frequency range bandwidth bandwidth (i) The notification to the Inter- of service of service ference Office, Arecibo Observatory (mV/m) (dBW/m2) 1 shall be made prior to, or simulta- Below 540 kHz ...... 10 ¥65.8 neously with, the filing of the applica- 540 to 1700 kHz ...... 20 ¥59.8 tion with the Commission. The notifi- 1.7 to 470 MHz ...... 10 2¥65.8 2¥ cation shall state the geographical co- 470 to 890 MHz ...... 30 56.2 Above 890 MHz ...... 1 2¥85.8 ordinates of the antenna (NAD–83 1 Equivalent values of power flux density are calculated as- datum), antenna height above ground, suming free space characteristic impedance of 376.7 = 120 ground elevation at the antenna, an- ohms. 2 Space stations shall conform to the power flux density tenna directivity and gain, proposed limits at the earth’s surface specified in appropriate parts of frequency and FCC Rule Part, type of the FCC rules, but in no case should exceed the above levels emission, and effective radiated power. in any 4 kHz band for all angles of arrival. (ii) After receipt of such applications, (1) Advance consultation is rec- the Commission will allow the Arecibo ommended particularly for those appli- Observatory a period of 20 days for cants who have no reliable data which comments or objections in response to indicates whether the field strength or the notification indicated. The appli- power flux density figures in the above cant will be required to make reason- table would be exceeded by their pro- able efforts to resolve or mitigate any posed radio facilities (except mobile

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

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station is in the vicinity of a moni- such rights, as stated in paragraph (a) toring station designated as a satellite of this section, are retained. monitoring facility in § 0.121(c) of the (c) Licensees and/or permittees au- Commission’s Rules and also meets the thorized to operate in the 535–1605 kHz criteria outlined in paragraphs (b) (2) and in the 1605–1705 kHz band pursuant and (3) of this section. to the Report and Order in MM Docket (5) The Commission will not screen No. 87–267 will not be permitted to as- applications to determine whether ad- sign or transfer control of the license vance consultation has taken place. or permit for a single frequency during However, applicants are advised that the period that joint operation is au- such consultation can avoid objections thorized. from the Federal Communications (d) Authorizations awarded pursuant Commission or modification of any au- to the noncommercial educational thorization which will cause harmful point system in subpart K are subject interference. to the holding period in § 73.7005. Appli- cations for an assignment or transfer [43 FR 32782, July 28, 1978, as amended at 44 filed prior to the end of the holding pe- FR 77167, Dec. 31, 1979; 47 FR 9221, Mar. 4, riod must demonstrate the factors enu- 1982; 50 FR 39003, Sept. 26, 1985; 52 FR 25867, July 9, 1987; 52 FR 36879, Oct. 1, 1987; 52 FR merated therein. 37789, Oct. 9, 1987; 56 FR 64872, Dec. 12, 1991; [44 FR 58720, Oct. 11, 1979, as amended at 56 61 FR 8477, Mar. 5, 1996; 62 FR 55532, Oct. 27, FR 64872, Dec. 12, 1991; 65 FR 36378, June 8, 1997; 63 FR 70048, Dec. 18, 1998; 70 FR 31373, 2000] June 1, 2005; 80 FR 53750, Sept. 8, 2015] § 73.1201 Station identification. § 73.1120 Station location. (a) When regularly required. Broadcast Each AM, FM, TV and Class A TV station identification announcements broadcast station will be licensed to shall be made: the principal community or other po- (1) At the beginning and ending of litical subdivision which it primarily each time of operation, and serves. This principal community (city, (2) Hourly, as close to the hour as town or other political subdivision) feasible, at a natural break in program will be considered to be the geo- offerings. Television and Class A tele- graphical station location. vision broadcast stations may make [65 FR 30003, May 10, 2000] these announcements visually or aurally. § 73.1125 Station telephone number. (b) Content. (1) Official station identi- Each AM, FM, TV, and Class A TV fication shall consist of the station’s broadcast station shall maintain a call letters immediately followed by local telephone number in its commu- the community or communities speci- nity of license or a toll-free number. fied in its license as the station’s location; Provided, That the name of the li- [82 FR 57882, Dec. 8, 2017] censee, the station’s frequency, the station’s channel number, as stated on § 73.1150 Transferring a station. the station’s license, and/or the sta- (a) In transferring a broadcast station’s network affiliation may be in- tion, the licensee may retain no right serted between the call letters and sta- of reversion of the license, no right to tion location. DTV stations, or DAB reassignment of the license in the fu- Stations, choosing to include the sta- ture, and may not reserve the right to tion’s channel number in the station use the facilities of the station for any identification must use the station’s period whatsoever. major channel number and may distin- (b) No license, renewal of license, as- guish multicast program streams. For signment of license or transfer of con- example, a DTV station with major trol of a corporate licensee will be channel number 26 may use 26.1 to granted or authorized if there is a con- identify an HDTV program service and tract, arrangement or understanding, 26.2 to identify an SDTV program serv- express or implied, pursuant to which, ice. A DTV station that is devoting one as consideration or partial consider- of its multicast streams to transmit ation for the assignment or transfer, the programming of another television

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licensee must identify itself and may and an AM broadcast station in the also identify the licensee that it is 1605–1705 kHz band with both stations transmitting. If a DTV station in this licensed to the same community and situation chooses to identify the sta- simultaneously broadcasts the same tion that is the source of the program- programs over the facilities of both ming it is transmitting, it must use such stations, station identification the following format: Station WYYY– announcements may be made jointly DT, community of license (call sign for both stations for periods of such si- and community of license of the sta- multaneous operations. tion whose multicast stream is trans- (3) Satellite operation. When program- mitting the programming), bringing ming of a broadcast station is rebroad- you WXXX, community of license (call cast simultaneously over the facilities sign and community of license of the licensee providing the programming). of a satellite station, the originating The transmitting station may insert station may make identification an- between its call letters and its commu- nouncements for the satellite station nity of license the following informa- for periods of such simultaneous oper- tion: the frequency of the transmitting ation. station, the channel number of the (i) In the case of a television broad- transmitting station, the name of the cast station, such announcements, in licensee of the transmitting station addition to the information required by and the licensee providing the pro- paragraph (b)(1) of this section, shall gramming, and/or the name of the net- include the number of the channel on work of either station. Where a which each station is operating. multicast station is carrying the pro- (ii) In the case of aural broadcast sta- gramming of another station and is tions, such announcements, in addition identifying that station as the source to the information required by para- of the programming, using the format graph (b)(1) of this section, shall in- described above, the identification may clude the frequency on which each sta- not include the frequency or channel tion is operating. number of the program source. A radio (d) Subscription television stations station operating in DAB hybrid mode (STV). The requirements for official or extended hybrid mode shall identify station identification applicable to TV its digital signal, including any free multicast audio programming streams, stations will apply to Subscription TV in a manner that appropriately alerts stations except, during STV-encoded its audience to the fact that it is lis- programming such station identifica- tening to a digital audio broadcast. No tion is not required. However, a station other insertion between the station’s identification announcement will be call letters and the community or com- made immediately prior to and fol- munities specified in its license is per- lowing the encoded Subscription TV missible. program period. (2) A station may include in its offi- [34 FR 19762, Dec. 17, 1969, as amended at 37 cial station identification the name of FR 23726, Nov. 8, 1972; 39 FR 6707, Feb. 22, any additional community or commu- 1974; 39 FR 9442, Mar. 11, 1974; 41 FR 29394, nities, but the community to which the July 16, 1976; 47 FR 3791, Jan. 27, 1982; 48 FR station is licensed must be named first. 51308, Nov. 8, 1983; 56 FR 64872, Dec. 12, 1991; (c) Channel—(1) General. Except as 65 FR 30003, May 10, 2000; 69 FR 59535, Oct. 4, otherwise provided in this paragraph, 2004; 72 FR 45693, Aug. 15, 2007; 73 FR 5684, in making the identification announce- Jan. 30, 2008; 76 FR 71269, Nov. 17, 2011] ment the call letters shall be given EFFECTIVE DATE NOTE: At 73 FR 5684, Jan. only on the channel, or channels in the 30, 2008, § 73.1201 was amended by revising case of a broadcaster that is multi- paragraph (b)(1). This paragraph contains in- casting more than a single channel, formation collection and recordkeeping re- identified thereby. quirements and will not become effective (2) Simultaneous AM (535–1605 kHz) and until approval has been given by the Office of AM (1605–1705 kHz broadcasts. If the Management and Budget. same licensee operates an AM broadcast station in the 535–1605 kHz band

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§ 73.1202 [Reserved] (2) Permission must be obtained from the originating station to rebroadcast § 73.1206 Broadcast of telephone con- any subsidiary communications trans- versations. mitted by means of a multiplex subcar- Before recording a telephone con- rier or telecommunications service on versation for broadcast, or broad- the vertical blanking interval or in the casting such a conversation simulta- visual signal of a television signal. neously with its occurrence, a licensee (3) Programs originated by the Voice shall inform any party to the call of of America (VOA) and the Armed the licensee’s intention to broadcast Forces Radio and Television Services the conversation, except where such (AFRTS) cannot, in general, be cleared party is aware, or may be presumed to for domestic rebroadcast, and may be aware from the circumstances of the therefore be retransmitted only by spe- conversation, that it is being or likely cial arrangements among the parties will be broadcast. Such awareness is concerned. presumed to exist only when the other (4) Except as otherwise provided by party to the call is associated with the international agreement, programs station (such as as employee or part- originated by foreign broadcast sta- time reporter), or where the other tions may be retransmitted without party originates the call and it is obvi- the consent of the originating station. ous that it is in connection with a program in which the station customarily (c) The transmissions of non-broad- broadcasts telephone conversations. cast stations may be rebroadcast under the following conditions: [35 FR 7733, May 20, 1970] (1) Messages originated by privately- owned non-broadcast stations other § 73.1207 Rebroadcasts. than those in the Amateur and CB (a) The term rebroadcast means recep- Radio Services may be broadcast only tion by radio of the programs or other upon receipt of prior permission from transmissions of a broadcast or any the non-broadcast licensee. Addition- other type of radio station, and the si- ally, messages transmitted by common multaneous or subsequent retrans- carrier stations may be rebroadcast mission of such programs or trans- only upon prior permission of the origi- missions by a broadcast station. nator of the message as well as the sta- (1) As used in this section, ‘‘pro- tion licensee. gram’’ includes any complete programs (2) Except as provided in paragraph or part thereof. (d) of this section, messages originated (2) The transmission of a program entirely by non-broadcast stations from its point of origin to a broadcast owned and operated by the Federal station entirely by common carrier fa- Government may be rebroadcast only cilities, whether by wire line or radio, upon receipt of prior permission from is not considered a rebroadcast. the government agency originating the (3) The broadcasting of a program re- messages. layed by a remote pickup broadcast station is not considered a rebroadcast. (3) Messages originated by stations in (b) No broadcast station may re- the Amateur and CB Radio Services transmit the program, or any part may be rebroadcast at the discretion of thereof, of another U.S. broadcast sta- broadcast station licensees. tion without the express authority of (4) Emergency communications origi- the originating station. A copy of the nated under a State EAS plan. written consent of the licensee origi- (d) The rebroadcasting of time sig- nating the program must be kept by nals originated by the Naval Observ- the licensee of the station retransmit- atory and the National Bureau of ting such program and made available Standards and messages from the Na- to the FCC upon request. tional Weather Service stations is per- (1) Stations originating emergency mitted without specific authorization communications under a State EAS under the following procedures: plan are considered to have conferred (1) Naval Observatory Time Signals. (i) rebroadcast authority to other partici- The time signals rebroadcast must be pating stations. obtained by direct radio reception from

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a naval radio station, or by land line lowed by a 3-second pause, than the an- circuits. nouncement, ‘‘National Bureau of (ii) Announcement of the time signal Standards Time.’’ This is followed by must be made without reference to any another 3-second pause before station commercial activity. identification. This arrangement al- (iii) Identification of the Naval Ob- lows broadcast stations sufficient time servatory as the source of the time sig- to retransmit the hour time tone and nal must be made by an announcement, the words ‘‘National Bureau of Stand- substantially as follows: ‘‘With the sig- ards Time’’ either by manual or auto- nal, the time will be...courtesy of matic switching. the U.S. Naval Observatory.’’ (viii) Time signals or scales made up (iv) Schedules of time signal broad- from integration of standard frequency casts may be obtained upon request signals broadcast from NBS stations from the Superintendent, U.S. Naval may not be designated as national Observatory, Washington, DC 20390. standard scales of time or attributed to (2) National Bureau of Standards Time the NBS as originator. For example, if Signals. (i) Time signals for rebroadcast a broadcasting station transmits time must be obtained by direct radio recep- signals obtained from a studio clock tion from a National Bureau of Stand- which is periodically calibrated against ards (NBS) station. (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 11 hours 25 minutes Coordinated Uni- by the U.S. Government of the prod- versal Time. This is a rebroadcast of a ucts or services so advertised. continous service furnished by the Na- (iii) Credit must be given to indicate tional Bureau of Standards, Ft. Collins, that the rebroadcast message origi- Colo.’’ No commercial sponsorship of nates with the National Weather Serv- this announcement is permitted and ice. none may be implied. (vi) Schedules of time signal broad- [44 FR 36040, June 20, 1979, as amended at 45 casts may be obtained from, and notice FR 26065, Apr. 17, 1980; 48 FR 28456, June 22, of use of NBS time signals for rebroad- 1983; 50 FR 25246, June 18, 1985; 59 FR 67102, Dec. 28, 1994; 61 FR 36305, July 10, 1996; 82 FR cast must be forwarded semiannually 41103, Aug. 29, 2017] to: National Bureau of Standards, Radio Sta- § 73.1208 Broadcast of taped, filmed, or tions WWV/WWVB, 2000 East County Road recorded material. 58, Ft. Collins, Colorado 80524. (a) Any taped, filmed or recorded pro- (vii) In the rebroadcasting of NBS gram material in which time is of spe- time signals, announcements will not cial significance, or by which an af- state that they are standard frequency firmative attempt is made to create transmissions. Voice announcements of the impression that it is occurring si- Coordinated Universal Time are given in multaneously with the broadcast, shall voice every minute. Each minute, ex- be announced at the beginning as cept the first of the hour, begins with taped, filmed or recorded. The lan- an 0.8 second long tone of 1000 hertz at guage of the announcement shall be WWV and 1200 hertz tone at WWVH. clear and in terms commonly under- The first minute of every hour begins stood by the public. For television sta- with an 0.8 second long tone of 1500 tions, the announcement may be made hertz at both stations. This tone is fol- visually or aurally.

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(b) Taped, filmed, or recorded an- noncommercial basis and otherwise in nouncements which are of a commer- accordance with § 73.621 of this part. cial, promotional or public service na- [40 FR 17259, Apr. 18, 1975, as amended at 49 ture need not be identified as taped, FR 33663, Aug. 24, 1984; 50 FR 40016, Oct. 1, filmed or recorded. 1985; 65 FR 30003, May 10, 2000] [37 FR 23726, Nov. 8, 1972] § 73.1211 Broadcast of lottery information. § 73.1209 References to time. (a) No licensee of an AM, FM, tele- Unless specifically designated as vision, or Class A television broadcast ‘‘standard (non-advanced)’’ or ‘‘ad- station, except as in paragraph (c) of vanced,’’ all references to time con- this section, shall broadcast any adver- tained in this part, and in license docu- tisement of or information concerning ments and other authorizations issued any lottery, gift enterprise, or similar thereunder shall be understood to scheme, offering prizes dependent in mean local time; i.e., the time legally whole or in part upon lot or chance, or observed in the community. any list of the prizes drawn or awarded [39 FR 26736, July 23, 1974] by means of any such lottery, gift enterprise or scheme, whether said list § 73.1210 TV/FM dual-language broad- contains any part or all of such prizes. casting in Puerto Rico. (18 U.S.C. 1304, 62 Stat. 763). (a) For the purpose of this section, (b) The determination whether a par- dual-language broadcasting shall be ticular program comes within the pro- understood to mean the telecasting of visions of paragraph (a) of this section depends on the facts of each case. How- a program in one language with the si- ever, the Commission will in any event multaneous transmission, on the main consider that a program comes within channel of a participating FM broad- the provisions of paragraph (a) of this cast station, of companion sound track section if in connection with such pro- information in a different language. gram a prize consisting of money or (b) Television and Class A television other thing of value is awarded to any licensees in Puerto Rico may enter person whose selection is dependent in into dual-language time purchase whole or in part upon lot or chance, if agreements with FM broadcast licens- as a condition of winning or competing ees, subject to the following condi- for such prize, such winner or winners tions: are required to furnish any money or (1) All such agreements shall be re- other thing of value or are required to duced to writing and retained by the li- have in their possession any product censee for possible Commission inspec- sold, manufactured, furnished or dis- tion, in accordance with § 73.3613 of this tributed by a sponsor of a program chapter. broadcast on the station in question. (2) All such agreements shall specify (See 21 FCC 2d 846). that the FM licensee will monitor (c) The provisions of paragraphs (a) sound track material with a view to re- and (b) of this section shall not apply jecting any material deemed to be in- to an advertisement, list of prizes or appropriate or objectionable for broad- other information concerning: cast exposure. (1) A lottery conducted by a State (3) No television, Class A television, acting under the authority of State law which is broadcast by a radio or tele- or FM broadcast station may devote vision station licensed to a location in more than 15 hours per week to dual- that State or any other State which language broadcasting, nor may more conducts such a lottery. (18 U.S.C. than three (3) hours of such program- 1307(a); 102 Stat. 3205). ming be presented on any given day. (2) Fishing contests exempted under (4) Noncommercial educational tele- 18 U.S. Code 1305 (not conducted for vision broadcast stations shall take all profit, i.e., all receipts fully consumed necessary precautions to assure that in defraying the actual costs of oper- the entire operation is conducted on a ation).

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(3) Any gaming conducted by an In- eration for an identification of any per- dian Tribe pursuant to the Indian Gam- son, product, service, trademark, or ing Regulatory Act (25 U.S.C. 2701 et brand name beyond an identification seq.) reasonably related to the use of such (4) A lottery, gift enterprise or simi- service or property on the broadcast. lar scheme, other than one described in (i) For the purposes of this section, paragraph (c)(1) of this section, that is the term ‘‘sponsored’’ shall be deemed authorized or not otherwise prohibited to have the same meaning as ‘‘paid by the State in which it is conducted for.’’ and which is: (ii) In the case of any television po- (i) Conducted by a not-for-profit or- litical advertisement concerning can- ganization or a governmental organiza- didates for public office, the sponsor tion (18 U.S.C. 1307(a); 102 Stat. 3205); or shall be identified with letters equal to (ii) Conducted as a promotional activity by a commercial organization or greater than four percent of the and is clearly occasional and ancillary vertical picture height that air for not to the primary business of that organi- less than four seconds. zation. (18 U.S.C. 1307(a); 102 Stat. 3205). (b) The licensee of each broadcast (d)(1) For purposes of paragraph (c) of station shall exercise reasonable dili- this section, ‘‘lottery’’ means the pool- gence to obtain from its employees, ing of proceeds derived from the sale of and from other persons with whom it tickets or chances and allotting those deals directly in connection with any proceeds or parts thereof by chance to matter for broadcast, information to one or more chance takers or ticket enable such licensee to make the an- purchasers. It does not include the nouncement required by this section. placing or accepting of bets or wagers (c) In any case where a report has on sporting events or contests. been made to a broadcast station as re- (2) For purposes of paragraph (c)(4)(i) quired by section 507 of the Commu- of this section, the term ‘‘not-for-profit nications Act of 1934, as amended, of organization’’ means any organization circumstances which would have re- that would qualify as tax exempt under quired an announcement under this section 501 of the Internal Revenue section had the consideration been re- Code of 1986. ceived by such broadcast station, an [40 FR 6210, Feb. 10, 1975, as amended at 45 appropriate announcement shall be FR 6401, Jan. 28, 1980; 54 FR 20856, May 15, made by such station. 1989; 55 FR 18888, May 7, 1990; 65 FR 30003, (d) In the case of any political broad- May 10, 2000] cast matter or any broadcast matter § 73.1212 Sponsorship identification; involving the discussion of a controver- list retention; related requirements. sial issue of public importance for which any film, record, transcription, (a) When a broadcast station transmits any matter for which money, talent, script, or other material or service, or other valuable consider- service of any kind is furnished, either ation is either directly or indirectly directly or indirectly, to a station as paid or promised to, or charged or ac- an inducement for broadcasting such cepted by such station, the station, at matter, an announcement shall be the time of the broadcast, shall an- made both at the beginning and conclu- nounce: sion of such broadcast on which such (1) That such matter is sponsored, material or service is used that such paid for, or furnished, either in whole film, record, transcription, talent, or in part, and script, or other material or service has (2) By whom or on whose behalf such been furnished to such station in con- consideration was supplied: Provided, nection with the transmission of such however, That ‘‘service or other valu- broadcast matter: Provided, however, able consideration’’ shall not include That in the case of any broadcast of 5 any service or property furnished ei- minutes’ duration or less, only one ther without or at a nominal charge for such announcement need be made ei- use on, or in connection with, a broad- ther at the beginning or conclusion of cast unless it is so furnished in consid- the broadcast.

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(e) The announcement required by deemed sufficient for the purpose of this section shall, in addition to stat- this section and only one such an- ing the fact that the broadcast matter nouncement need be made at any time was sponsored, paid for or furnished, during the course of the broadcast. fully and fairly disclose the true iden- (g) The announcement otherwise re- tity of the person or persons, or cor- quired by section 317 of the Commu- poration, committee, association or nications Act of 1934, as amended, is other unincorporated group, or other waived with respect to the broadcast of entity by whom or on whose behalf ‘‘want ad’’ or classified advertisements such payment is made or promised, or sponsored by an individual. The waiver from whom or on whose behalf such granted in this paragraph shall not ex- services or other valuable consider- tend to a classified advertisement or ation is received, or by whom the ma- want ad sponsorship by any form of terial or services referred to in para- business enterprise, corporate or other- graph (d) of this section are furnished. wise. Whenever sponsorship announce- Where an agent or other person or enti- ments are omitted pursuant to this ty contracts or otherwise makes ar- paragraph, the licensee shall observe rangements with a station on behalf of the following conditions: another, and such fact is known or by the exercise of reasonable diligence, as (1) Maintain a list showing the name, specified in paragraph (b) of this sec- address, and (where available) the tele- tion, could be known to the station, phone number of each advertiser; the announcement shall disclose the (2) Make this list available to mem- identity of the person or persons or en- bers of the public who have a legiti- tity on whose behalf such agent is act- mate interest in obtaining the informa- ing instead of the name of such agent. tion contained in the list. Such list Where the material broadcast is polit- must be retained for a period of two ical matter or matter involving the years after broadcast. discussion of a controversial issue of (h) Any announcement required by public importance and a corporation, section 317(b) of the Communications committee, association or other unin- Act of 1934, as amended, is waived with corporated group, or other entity is respect to feature motion picture film paying for or furnishing the broadcast produced initially and primarily for matter, the station shall, in addition theatre exhibition. to making the announcement required by this section, require that a list of NOTE: The waiver heretofore granted by the Commission in its Report and Order the chief executive officers or members adopted November 16, 1960 (FCC 60–1369; 40 of the executive committee or of the F.C.C. 95), continues to apply to programs board of directors of the corporation, filmed or recorded on or before June 20, 1963, committee, association or other unin- when § 73.654, the predecessor television rule, corporated group, or other entity shall went into effect. be made available for public inspection at the location specified under § 73.3526. (i) Commission interpretations in If the broadcast is originated by a net- connection with the provisions of the work, the list may, instead, be retained sponsorship identification rules are at the headquarters office of the net- contained in the Commission’s Public work or at the location where the orig- Notice, entitled ‘‘Applicability of inating station maintains its public in- Sponsorship Identification Rules,’’ spection file under § 73.3526. Such lists dated May 6, 1963 (40 F.C.C. 141), as shall be kept and made available for a modified by Public Notice, dated April period of two years. 21, 1975 (FCC 75–418). Further interpre- (f) In the case of broadcast matter tations are printed in full in various advertising commercial products or volumes of the Federal Communica- services, an announcement stating the tions Commission Reports. sponsor’s corporate or trade name, or [40 FR 18400, Apr. 28, 1975, as amended at 46 the name of the sponsor’s product, FR 13907, Feb. 24, 1981; 49 FR 4211, Feb. 3, when it is clear that the mention of the 1984; 49 FR 33663, Aug. 24, 1984; 50 FR 32417, name of the product constitutes a Aug. 12, 1985; 57 FR 8279, Mar. 9, 1992; 77 FR sponsorship identification, shall be 27655, May 11, 2012]

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§ 73.1213 Antenna structure, marking (1) Meet the requirements of para- and lighting. graphs (a) (1), (2), and (3) of this section (a) The provisions of part 17 of this for linear scale instruments. chapter (Construction, Marking, and (2) Full scale reading shall not be Lighting of Antenna Structures), re- greater than five times the minimum quires certain antenna structures to be normal indication. painted and/or lighted in accordance (3) No scale division above one-fifth with part 17. full scale reading (in watts) shall be (b) The owner of each antenna struc- greater than one-thirtieth of the full ture is responsible for ensuring that scale reading. (Example: A wattmeter the structure, if required, is painted meeting requirement (3) having full and/or illuminated in accordance with scale reading of 1,500 watts is accept- part 17 of this chapter. In the event of able for reading power from 300 to 1,500 default by the owner, each licensee or watts, provided no scale division be- permittee shall be responsible for ensuring 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: § 73.1215 Specifications for indicating (1) Shall meet the requirements of instruments. paragraphs (a) (1), (2), and (3) of this The following requirements and spec- section for linear scale instruments. ifications shall apply to indicating in- (2) Full scale reading shall not be struments used by broadcast stations: greater than five times the minimum (a) Linear scale instruments: normal indication. (1) Length of scale shall not be less (3) No scale division above one-fifth than 2.3 inches (5.8 cm). full scale reading shall be greater than (2) Accuracy shall be at least 2 per- one-fiftieth of the full scale reading. cent of the full scale reading. (Example: An ammeter meeting the re- (3) The maximum rating of the meter quirement (1) is acceptable for indi- shall be such that it does not read off cating current from 1 to 5 amperes, scale during modulation or normal op- provided no division between 1 and 5 eration. amperes is greater than one-fiftieth of (4) Scale shall have at least 40 divi- 5 amperes, 0.1 ampere.) sions. (e) Digital meters, printers, or other (5) Full scale reading shall not be greater than five times the minimum numerical readout devices may be used normal indication. in addition to or in lieu of indicating (b) Instruments having square-law instruments meeting the specifications scales: of paragraphs (a), (b), (c), and (d) of (1) Meet the requirements of para- this section. The readout of the device graphs (a) (1), (2), and (3) of this section must include at least three digits and for linear scale instruments. must indicate the value of the param- (2) Full scale reading shall not be eter being read to an accuracy of 2%. greater than three times the minimum The multiplier, if any, to be applied to normal indication. the reading of each parameter must be (3) No scale division above one-third indicated at the operating position. full scale reading shall be greater than (f) No instrument which has been one-thirtieth of the full scale reading. broken or appears to be damaged or de- (Example: An ammeter meeting re- fective, or the accuracy of which is quirement (1) having full scale reading questionable shall be used, until it has of 6 amperes is acceptable for reading been checked, and if necessary repaired currents from 2 to 6 amperes, provided no scale division between 2 and 6 am- and recalibrated by the manufacturer peres is greater than one-thirtieth of 6 or qualified instrument repair service. amperes, 0.2 ampere.) Repaired instruments shall not be used (c) Instruments having logarithmic unless a certificate of calibration has scales:

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been provided showing that the instru- terms that are disclosed on an Internet ment conforms to the manufacturer’s Web site must be consistent in all sub- specifications for accuracy. stantive respects with those mentioned [41 FR 36818, Sept. 1, 1976; 41 FR 43152, Sept. over the air. 30, 1976, as amended at 51 FR 2707, Jan. 21, NOTE 1 TO § 73.1216: For the purposes of this 1986] section: (a) A contest is a scheme in which a prize § 73.1216 Licensee-conducted contests. is offered or awarded, based upon chance, diligence, knowledge or skill, to members of (a) A licensee that broadcasts or ad- the public. vertises information about a contest it (b) Material terms include those factors conducts shall fully and accurately dis- which define the operation of the contest and close the material terms of the contest, which affect participation therein. Although and shall conduct the contest substan- the material terms may vary widely depend- tially as announced or advertised over ing upon the exact nature of the contest, the air or on the Internet. No contest they will generally include: How to enter or description shall be false, misleading participate; eligibility restrictions; entry or deceptive with respect to any mate- deadline dates; whether prizes can be won; rial term. when prizes can be won; the extent, nature and value of prizes; basis for valuation of (b) The disclosure of material terms prizes; time and means of selection of win- shall be made by the station con- ners; and/or tie-breaking procedures. ducting the contest by either: Note 2 to § 73.1216: In general, the time and (1) Periodic disclosures broadcast on manner of disclosure of the material terms the station; or of a contest are within the licensee’s discre- (2) Written disclosures on the station. However, the obligation to disclose the tion’s Internet Web site, the licensee’s material terms arises at the time the audi- Web site, or if neither the individual ence is first told how to enter or participate station nor the licensee has its own and continues thereafter. Web site, any Internet Web site that is Note 3 to § 73.1216: This section is not applicable to licensee-conducted contests not publicly accessible. broadcast or advertised to the general public (c) In the case of disclosure under or to a substantial segment thereof, to con- paragraph (b)(1) of this section, a rea- tests in which the general public is not re- sonable number of periodic broadcast quested or permitted to participate, to the disclosures is sufficient. In the case of commercial advertisement of non-licensee- disclosure under paragraph (b)(2) of conducted contests, or to a contest con- this section, the station shall: ducted by a non-broadcast division of the li- (1) Establish a conspicuous link or censee or by a non-broadcast company related to the licensee. tab to material contest terms on the home page of the Internet Web site; [80 FR 64361, Oct. 23, 2015] (2) Announce over the air periodically the availability of material con- § 73.1217 Broadcast hoaxes. test terms on the Web site and identify No licensee or permittee of any the Web site address where the terms broadcast station shall broadcast false are posted with information sufficient information concerning a crime or a for a consumer to find such terms eas- catastrophe if: ily; and (a) The licensee knows this informa- (3) Maintain material contest terms tion is false; on the Web site for at least thirty days (b) It is forseeable that broadcast of after the contest has concluded. Any the information will cause substantial changes to the material terms during public harm, and the course of the contest must be fully (c) Broadcast of the information does disclosed on air within 24 hours of the in fact directly cause substantial pub- change on the Web site and periodi- lic harm. cally thereafter or the fact that such changes have been made must be an- Any programming accompanied by a nounced on air within 24 hours of the disclaimer will be presumed not to pose change, and periodically thereafter, foreseeable harm if the disclaimer and such announcements must direct clearly characterizes the program as a participants to the written disclosures fiction and is presented in a way that on the Web site. Material contest is reasonable under the circumstances.

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NOTE: For purposes of this rule, ‘‘public accordance with § 73.154 and made pur- harm’’ must begin immediately, and cause suant to the following requirements: direct and actual damage to property or to (i) Section 73.68, Sampling systems the health or safety of the general public, or for antenna monitors. diversion of law enforcement or other public health and safety authorities from their du- (ii) Section 73.69, Antenna monitors. ties. The public harm will be deemed foresee- (iii) Section 73.61, AM direction an- able if the licensee could expect with a sig- tenna field strength measurements. nificant degree of certainty that public harm [43 FR 45846, Oct. 4, 1978; 43 FR 50683, Oct. 31, would occur. A ‘‘crime’’ is any act or omis- 1978, as amended at 51 FR 41629, Nov. 18, 1986; sion that makes the offender subject to criminal punishment by law. A ‘‘catas- 51 FR 44478, Dec. 10, 1986; 57 FR 48333, Oct. 23, trophe’’ is a disaster or imminent disaster 1992] involving violent or sudden event affecting the public. § 73.1226 Availability to FCC of station logs and records. [57 FR 28640, June 26, 1992] The following shall be made available § 73.1225 Station inspections by FCC. to any authorized representative of the FCC upon request: (a) The licensee of a broadcast sta- (a) Station records and logs shall be tion shall make the station available made available for inspection or dupli- for inspection by representatives of the cation at the request of the FCC or its FCC during the station’s business representative. Such logs or records hours, or at any time it is in operation. may be removed from the licensee’s (b) In the course of an inspection or possession by an FCC representative investigation, 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. § 73.1840(b). (1) Copy of the most recent antenna (b) Where records or logs are main- or common-point impedance measure- tained as the official records of a rec- ments. ognized law enforcement agency and (2) Copy of the most recent field the removal of the records from the strength measurements made to estab- possession of the law enforcement lish performance of directional anten- agency will hinder its law enforcement nas required by § 73.151. activities, such records will not be re- (3) Copy of the partial directional an- moved pursuant to this section if the tenna proofs of performance made in chief of the law enforcement agency

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promptly certifies in writing to the of point-to-point messages under para- FCC that removal of the logs or records graph (b) of this section, or when day- will hinder law enforcement activities time facilities were used during night- of the agency, stating insofar as fea- time hours by an AM station in accord- sible the basis for his decision and the ance with paragraph (f) of this section, date when it can reasonably be ex- a report in letter form shall be for- pected that such records will be re- warded to the FCC in Washington, DC, leased to the FCC. setting forth the nature of the emer- [43 FR 45847, Oct. 4, 1978; 43 FR 50683, Oct. 31, gency, the dates and hours of the 1978, as amended at 45 FR 41151, June 18, 1980; broadcasting of emergency informa- 48 FR 28457, June 22, 1983; 83 FR 65557, Dec. tion, and a brief description of the ma- 21, 2018] terial carried during the emergency. A certification of compliance with the § 73.1250 Broadcasting emergency in- noncommercialization provision of formation. paragraph (f) of this section must ac- (a) Emergency situations in which company the report where daytime fa- the broadcasting of information is con- cilities are used during nighttime sidered as furthering the safety of life hours by an AM station, together with and property include, but are not lim- a detailed showing, under the ited to the following: Tornadoes, hurri- provisisons of that paragraph, that no canes, floods, tidal waves, earthquakes, other broadcast service existed or was icing conditions, heavy snows, wide- adequate. spread fires, discharge of toxic gasses, (f) AM stations may, without further widspread power failures, industrial ex- FCC authority, use their full daytime plosions, civil disorders and school facilities during nighttime hours to closing and changes in school bus broadcast emergency information (ex- schedules resulting from such condi- amples listed in paragraph (a) of this tions. See also § 73.3542, Application for section), when necessary to the safety Emergency Authorization, for require- of life and property, in dangerous con- ments involving emergency situations ditions of a general nature and when not covered by this section for which adequate advance warning cannot be prior operating authority must be re- given with the facilities authorized. quested. Because of skywave interference im- (b) If requested by responsible public pact on other stations assigned to the officials, a station may, at its discretion, and without further FCC author- same channel, such operation may be ity, transmit emergency point-to-point undertaken only if regular, unlimited- messages for the purpose of requesting time service, is non-existent, inad- or dispatching aid and assisting in res- equate from the standpoint of cov- cue operations. erage, or not serving the public need. (c) If the Emergency Alert System All operation under this paragraph (EAS) is activated for a national emer- must be conducted on a noncommercial gency while a Local Area or State basis. Recorded music may be used to emergency operation is in progress, the the extent necessary to provide pro- national level EAS operation must gram continuity. take precedence. If, during the broad- (g) Broadcasting of emergency infor- casting of Local Area or State emer- mation shall be confined to the hours, gency information, the EAS codes or frequencies, powers and modes of oper- Attention Signal described in § 11.12 of ation specified in the station license, this chapter are used, the broadcasts except as otherwise provided for AM are considered as being carried out stations in paragraph (f) of this sec- under a Local Area or State EAS plan. tion. (d) Any emergency operation under- (h) Any emergency information taken in accordance with this section transmitted by a TV or Class A TV sta- may be terminated by the FCC if re- tion in accordance with this section quired in the public interest. shall be transmitted both aurally and (e) Immediately upon cessation of an visually or only visually. TV and Class emergency during which broadcast fa- A TV stations may use any method of cilities were used for the transmission visual presentation which results in a

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legible message conveying the essen- (1) Persons so authorized by the li- tial emergency information. Methods censee may make such adjustments di- which may be used include, but are not rectly at the transmitter site or by necessarily limited to, slides, elec- using control equipment at an off-site tronic captioning, manual methods location. (e.g., hand printing) or mechanical (2) The transmitter control personnel printing processes. However, when an must have the capability to turn the emergency operation is being con- transmitter off at all times. If the per- ducted under a national, State or Local sonnel are at a remote location, the Area Emergency Alert System (EAS) control system must provide this capa- plan, emergency information shall be bility continuously or must include an transmitted both aurally and visually alternate method of acquiring control unless only the EAS codes are trans- that can satisfy the requirement of mitted as specified in § 11.51(b) of this paragraph (e) of this section that oper- chapter. ation be terminated within three min- [43 FR 45847, Oct. 4, 1978, as amended at 50 FR utes. 30947, July 31, 1985; 59 FR 67102, Dec. 28, 1994; (c) The licensee must establish moni- 60 FR 56000, Nov. 6, 1995; 65 FR 30003, May 10, toring procedures and schedules for the 2000] station and the indicating instruments § 73.1300 Unattended station oper- employed must comply with § 73.1215. ation. (1) Monitoring procedures and sched- Broadcast stations may be operated ules must enable the licensee to deter- as either attended (where a designated mine compliance with § 73.1560 regard- person is responsible for the proper op- ing operating power and AM station eration of the transmitting apparatus mode of operation, § 73.1570 regarding either at the transmitter site, a remote modulation levels, and, where applica- control point or an ATS control point) ble, § 73.1213 regarding antenna tower or unattended (where highly stable lighting, and § 73.69 regarding the pa- equipment or automated monitoring of rameters of an AM directional antenna station operating parameters is em- system. ployed). No prior FCC approval is re- (2) Monitoring equipment must be pe- quired to operate a station in the unat- riodically calibrated so as to provide tended mode. Regardless of which reliable indications of transmitter op- method of station operation is em- erating parameters with a known de- ployed, licensees must employ proce- gree of accuracy. Errors inherent in dures which will ensure compliance monitoring equipment and the calibra- with Part 11 of this chapter, the rules tion procedure must be taken into ac- governing the Emergency Alert System count when adjusting operating param- (EAS). eters to ensure that the limits imposed [60 FR 55481, Nov. 1, 1995] by the technical rules and the station authorization are not exceeded. § 73.1350 Transmission system oper- (d) In the event that a broadcast sta- ation. tion is operating in a manner that is (a) Each licensee is responsible for not in compliance with the applicable maintaining and operating its broad- technical rules set forth elsewhere in cast station in a manner which com- this part or the terms of the station plies with the technical rules set forth authorization, and the condition is not elsewhere in this part and in accord- listed in paragraph (e) or (f) of this sec- ance with the terms of the station au- tion, broadcast operation must be ter- thorization. minated within three hours unless an- (b) The licensee must designate a tenna input power is reduced suffi- chief operator in accordance with ciently to eliminate any excess radi- § 73.1870. The licensee may designate ation. Examples of conditions that re- one or more technically competent per- quire termination of operation within sons to adjust the transmitter oper- three hours include excessive power, ating parameters for compliance with excessive modulation or the emission the technical rules and the station au- of spurious signals that do not result in thorization. harmful interference.

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(e) If a broadcast station is operating erning the Emergency Alert System in a manner that poses a threat to life (EAS). or property or that is likely to signifi- [60 FR 55481, Nov. 1, 1995, as amended at 63 cantly disrupt the operation of other FR 33877, June 22, 1998; 67 FR 13232, Mar. 21, stations, immediate corrective action 2002; 72 FR 44423, Aug. 8, 2007] is required. In such cases, operation must be terminated within three min- § 73.1400 Transmission system moni- utes unless antenna input power is re- toring and control. duced sufficiently to eliminate any ex- The licensee of an AM, FM, TV or cess radiation. Examples of conditions Class A TV station is responsible for that require immediate corrective ac- assuring that at all times the station tion include the emission of spurious operates within tolerances specified by signals that cause harmful inter- applicable technical rules contained in ference, any mode of operation not this part and in accordance with the terms of the station authorization. specified by the station license for the Any method of complying with applica- pertinent time of day, or operation ble tolerances is permissible. The fol- substantially at variance from the au- lowing are typical methods of trans- thorized radiation pattern. mission system operation: (f) 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 a studio (3) TV visual waveform, see § 73.691(b); or other location. The remote control system must provide sufficient trans- (4) Reduced power operation, see mission system monitoring and control § 73.1560(d); capability so as to ensure compliance (5) Reduced modulation level, see with § 73.1350. § 73.1570(a); (2) A station may also be monitored (6) Emergency antennas, see § 73.1680. and controlled by an automatic trans- (g) The transmission system must be mission system (ATS) that is config- maintained and inspected in accord- ured to contact a person designated by ance with § 73.1580. the licensee in the event of a technical (h) Whenever a transmission system malfunction. An automatic trans- control point is established at a loca- mission system consists of monitoring tion other than the main studio or devices, control and alarm circuitry, transmitter, a letter of notification of arranged so that they interact auto- that location must be sent to the FCC matically to operate the station’s in Washington, DC, Attention: Audio transmitter and maintain technical pa- Division (radio) or Video Division (tele- rameters within licensed values. vision), Media Bureau, within 3 days of (3) A hybrid system containing some the initial use of that point. The letter remote control and some ATS features should include a list of all control is also permissible. (4) In the case of remote control or points in use, for clarity. This notifica- ATS operation, not every station pa- tion is not required if responsible sta- rameter need be monitored or con- tion personnel can be contacted at the trolled if the licensee has good reason transmitter or studio site during hours to believe that its stability is so great of operation. that its monitoring and control are un- (i) The licensee must ensure that the necessary. station is operated in compliance with (b) Unattended operation. Unattended Part 11 of this chapter, the rules gov- operation is either the absence of

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human supervision or the substitution pattern on a visual TV transmitter, of automated supervision of a station’s and for hourly voice station identifica- transmission system for human super- tion on aural AM, FM and TV trans- vision. In the former case, equipment is mitters. employed which is expected to operate (3) The transmitter output power or within assigned tolerances for extended antenna input power may not exceed periods of time. The latter consists of those specified in the test authoriza- the use of a self-monitoring or ATS- tion and the operating power must be monitored and controlled transmission maintained at a constant value for system that, in lieu of contacting a each phase of the tests. person designated by the licensee, (4) The input power to the final am- automatically takes the station off the plifier stage, and the AM antenna cur- air within three hours of any technical rent or the FM or TV transmitter out- malfunction which is capable of caus- put power must be observed and re- ing interference. corded at half hour intervals and at any time that the power is adjusted or [60 FR 55481, Nov. 1, 1995, as amended at 65 FR 30003, May 10, 2000; 82 FR 57882, Dec. 8, changed. Copies of these records must 2017] be submitted to the FCC with the required report. § 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 [44 FR 58734, Oct. 11, 1979, as amended at 46 test authorization is subject to the fol- FR 35463, July 8, 1981; 49 FR 4211, Feb. 3, 1984; lowing conditions: 49 FR 20670, May 16, 1984] (1) No objectionable interference will 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 (a) Broadcast stations may be oper- that necessary for the purposes of the ated for tests and maintenance of their test. transmitting systems on their assigned (2) The carriers will be unmodulated frequencies using their licensed oper- except for the transmission of a test- ating power and antennas during their

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authorized hours of operation without tained by the National Bureau of specific authorization from the FCC. Standards or the standard signals of (b) Licensees of AM stations may op- Stations WWV, WWVB, and WWVH of erate for tests and maintenance during the National Bureau of Standards. the hours from 12 midnight local time to local sunrise, if no interference is [43 FR 32783, July 28, 1978, as amended at 48 caused to other stations maintaining a FR 44805, Sept. 30, 1983; 65 FR 30004, May 10, 2000] regular operating schedule within such period. No AM station licensed for § 73.1545 Carrier frequency departure ‘‘daytime’’ or ‘‘specified hours’’ of op- tolerances. eration may broadcast any regular or scheduled programs during this period (a) AM stations. The departure of the of test and maintenance operation. carrier frequency for monophonic (c) Licensees of AM stations may ob- transmissions or center frequency for tain special antenna test authoriza- stereophonic transmissions may not tions, and operate under the provisions exceed ±20 Hz from the assigned fre- described in § 73.157, to operate with quency. nighttime facilities during daytime (b) FM stations. (1) The departure of hours in conducting directional an- the carrier or center frequency of an tenna field strength and antenna proof FM station with an authorized trans- of performance measurements. mitter output power more than 10 [43 FR 32783, July 28, 1978, as amended at 45 watts may not exceed ±2000 Hz from the FR 6401, Jan. 28, 1980] assigned frequency. (2) The departure of the carrier or § 73.1530 Portable test stations [Defini- center frequency of an FM station with tion]. an authorized transmitter output A portable test station is one that is power of 10 watts or less may not ex- moved from place to place for making ceed ±3000 Hz from the assigned fre- field strength and ground conductivity quency. measurements, for selecting station (c) TV stations. (1) The departure of transmitter sites, and conducting other the visual carrier frequency of a TV specialized propagation tests. Portable station may not exceed ±1000 Hz from test stations are not normally used the assigned visual carrier frequency. while in motion, and may not be used (2) The departure of the aural carrier for the transmission of programs in- frequency of a TV station may not extended to be received by the public. ceed ±1000 Hz from the actual visual [43 FR 32783, July 28, 1978] carrier frequency plus exactly 4.5 MHz. (d) International broadcast stations. § 73.1540 Carrier frequency measure- The departure of the carrier frequency ments. of an International broadcast station (a) The carrier frequency of each AM may not exceed 0.0015% of the assigned and FM station and the visual carrier frequency on which the station is frequency and the difference between transmitting. the visual carrier and the aural carrier (e) Class A TV stations. The departure or center frequency of each TV and of the carrier frequency of Class A TV Class A TV station shall be measured or determined as often as necessary to stations may not exceed the values ensure that they are maintained within specified in § 74.761 of this chapter. Pro- the prescribed tolerances. vided, however, that Class A TV sta- (b) In measuring the carrier fre- tions licensed to operate with a carrier quency, the licensee may use any offset, including those stations li- method or procedure that has suffi- censed with a maximum effective radi- cient precision to establish that the ated power and/or antenna height carrier frequency is within the pre- greater than the values specified in scribed departure limits. their initial Class A TV station author- (c) The primary standard of fre- ization, must comply with paragraph quency for radio frequency measure- (c) of this section. ments is the standard frequency main-

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NOTE TO PARAGRAPH (e): At a date not later (b) FM stations. Except as provided in than nine months after release of the Memo- paragraph (d) of this section, the trans- randum Opinion and Order on Reconsider- mitter output power of an FM station, ation in MM Docket No. 00–10 (the pro- with power output as determined by ceeding that established the Class A TV service), all licensed Class A stations must oper- the procedures specified in § 73.267, ate with a carrier frequency offset. See which is authorized for output power Memorandum Opinion and Order on Reconsid- more than 10 watts must be maintained eration, In the Matter of Establishment of a as near as practicable to the authorized Class A Television Service, MM Docket No. transmitter output power and may not 00–10, released April 13, 2001. be less than 90% nor more than 105% of [44 FR 58734, Oct. 11, 1979; 44 FR 64408, Nov. 7, the authorized power. FM stations op- 1979, as amended at 47 FR 13165, Mar. 29, 1982; erating with authorized transmitter 65 FR 30004, May 10, 2000; 67 FR 21691, May 1, output power of 10 watts or less, may 2001] operate at less than the authorized power, but not more than 105% of the § 73.1560 Operating power and mode authorized power. tolerances. (c) TV stations. (1) Except as provided (a) AM stations. (1) Except for AM sta- in paragraph (d) of this section, the vis- tions using modulation dependent car- ual output power of a TV or Class A TV rier level (MDCL) control technology, transmitter, as determined by the pro- or as provided for in paragraph (d) of cedures specified in Sec. 73.664, must be this section, the antenna input power maintained as near as is practicable to of an AM station, as determined by the the authorized transmitter output procedures specified in § 73.51, must be power and may not be less than 80% maintained as near as practicable to nor more than 110% of the authorized the authorized antenna input power power. and may not be less than 90 percent nor (2) The output power of the aural greater than 105 percent of the author- transmitter shall be maintained to pro- ized power. AM stations may, without vide an aural carrier ERP not to exceed prior Commission authority, com- 22% of the peak authorized visual ERP. mence MDCL control technology use, (3) The FCC may specify deviation provided that within 10 days after commencing such operation, the licensee from the power of tolerance require- submits an electronic notification of ments for subscription television oper- commencement of MDCL control operations to the extent it deems necessary ation using FCC Form 338. The trans- to permit proper operation. mitter of an AM station operating (d) Reduced power operation. In the using MDCL control technology, re- event it becomes technically impos- gardless of the MDCL control tech- sible to operate at authorized power, a nology employed, must achieve full li- broadcast station may operate at re- censed power at some audio input level duced power for a period of not more or when the MDCL control technology than 30 days without specific authority is disabled. MDCL control operation from the FCC. If operation at reduced must be disabled before field strength power will exceed 10 consecutive days, measurements on the station are notification must be made to the FCC taken. in Washington, DC, Attention: Audio (2) Whenever the transmitter of an Division (radio) or Video Division (tele- AM station cannot be placed into the vision), Media Bureau, not later than specified operating mode at the time the 10th day of the lower power oper- required, transmissions of the station ation. In the event that normal power must be immediately terminated. How- is restored within the 30 day period, ever, if the radiated field at any bear- the licensee must notify the FCC of the ing or elevation does not exceed that date that normal operation was re- permitted for that time of day, oper- stored. If causes beyond the control of ation in the mode with the lesser radi- the licensee prevent restoration of the ated field may continue under the noti- authorized power within 30 days, a re- fication procedures of paragraph (d) of quest for Special Temporary Authority this section. (see § 73.1635) must be made to the FCC

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in Washington, DC for additional time broadcasting of stereophonic or as may be necessary. monophonic programs may increase the peak modulation deviation as fol- [44 FR 58734, Oct. 11, 1979, as amended at 49 FR 22093, May 25, 1984; 49 FR 29069, July 18, lows: 1984; 49 FR 47610, Dec. 6, 1984; 50 FR 26568, (i) The total peak modulation may be June 27, 1985; 50 FR 40015, Oct. 1, 1985; 63 FR increased 0.5 percent for each 1.0 per- 33877, June 22, 1998; 65 FR 30004, May 10, 2000; cent subcarrier injection modulation. 67 FR 13232, Mar. 21, 2002; 81 FR 2760, Jan. 19, (ii) In no event may the modulation 2016] of the carrier exceed 110 percent (82.5 § 73.1570 Modulation levels: AM, FM, kHz peak deviation). TV and Class A TV aural. (3) TV and Class A TV stations. In no (a) The percentage of modulation is case shall the total modulation of the to be maintained at as high a level as aural carrier exceed 100% on peaks of is consistent with good quality of frequent recurrence, unless some other transmission and good broadcast serv- peak modulation level is specified in an ice, with maximum levels not to exceed instrument of authorization. For the values specified in paragraph (b). monophonic transmissions, 100% modu- Generally, the modulation should not lation is defined as ±25 kHz. be less than 85% on peaks of frequent (c) If a limiting or compression am- recurrence, but where lower modula- plifier is employed to maintain modu- tion levels may be required to avoid ob- lation levels, precaution must be taken jectionable loudness or to maintain the so as not to substantially alter the dy- dynamic range of the program mate- namic characteristics of programs. rial, the degree of modulation may be [44 FR 58735, Oct. 11, 1979, as amended at 47 reduced to whatever level is necessary FR 13165, Mar. 29, 1982; 49 FR 14508, Apr. 12, for this purpose, even though under 1984; 49 FR 15081, Apr. 17, 1984; 49 FR 27147, such circumstances, the level may be July 2, 1984; 49 FR 47610, Dec. 6, 1984; 49 FR substantially less than that which pro- 48312, Dec. 12, 1984; 51 FR 26251, July 22, 1986; duces peaks of frequent recurrence at a 56 FR 64872, Dec. 12, 1991; 65 FR 30004, May 10, level of 85%. 2000] (b) Maximum modulation levels must meet the following limitations: § 73.1580 Transmission system inspec- (1) AM stations. In no case shall the tions. amplitude modulation of the carrier Each AM, FM, TV and Class A TV wave exceed 100% on negative peaks of station licensee or permittee must con- frequent recurrence, or 125% on posi- duct periodic complete inspections of tive peaks at any time. the transmitting system and all re- (i) AM stations transmitting stereo- quired monitors to ensure proper sta- phonic programs not exceed the AM tion operation. maximum stereophonic transmission signal modulation specifications of [65 FR 30004, May 10, 2000] stereophonic system in use. § 73.1590 Equipment performance (ii) For AM stations transmitting te- measurements. lemetry signals for remote control or automatic transmission system oper- (a) The licensee of each AM, FM, TV ation, the amplitude of modulation of and Class A TV station, except licens- the carrier by the use of subaudible ees of Class D non-commercial edu- tones must not be higher than nec- cational FM stations authorized to op- essary to effect reliable and accurate erate with 10 watts or less output data transmission and may not, in any power, must make equipment perform- case, exceed 6%. ance measurements for each main (2) FM stations. The total modulation transmitter as follows: must not exceed 100 percent on peaks (1) Upon initial installation of a new of frequent reoccurrence referenced to or replacement main transmitter. 75 kHz deviation. However, stations (2) Upon modification of an existing providing subsidiary communications transmitter made under the provisions services using subcarriers under provi- of § 73.1690, Modification of trans- sions of § 73.319 concurrently with the mission systems, and specified therein.

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(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 pursuant to §§ 73.669 and 73.1690. [47 FR 8589, Mar. 1, 1982, as amended at 51 FR (6) Annually, for AM stations, with 18450, May 20, 1986; 65 FR 30004, May 10, 2000] not more than 14 months between measurements. § 73.1610 Equipment tests. (7) When required by other provisions (a) During the process of construc- of the rules or the station license. tion of a new broadcast station, the (b) Measurements for spurious and permittee, after notifying the FCC in harmonic emissions must be made to Washington, D.C. may, without further show compliance with the transmission authority from the FCC, conduct system requirements of § 73.44 for AM equipment tests for the purpose of stations; § 73.317 for FM stations and making such adjustments and measure- § 73.687 for TV stations. Measurements ments as may be necessary to assure must be made under all conditions of compliance with the terms of the con- modulation expected to be encountered struction permit, the technical provi- by the station whether transmitting sions of the application therefore, the monophonic or stereophonic programs rules and regulations and the applica- and providing subsidiary communications services. ble engineering standards. For AM sta- (c) TV visual equipment performance tions, equipment tests, including either measurements must be made with the a directional or nondirectional proof of equipment adjusted for normal pro- performance required by the construc- gram operation at the transmitter an- tion permit, may be conducted during tenna sampling port to yield the fol- daytime hours provided that the an- lowing information: tenna system is first substantially (1) Field strength or voltage of the tuned during the experimental period. lower side-band for a modulating fre- The nondirectional proof shall be con- quency of 1.25 MHz or greater, (includ- ducted with power adjusted to 25% of ing 3.58 MHz for color), and of the that specified in the permit for the au- upper side-band for a modulating fre- thorized directional facilities or, if ap- quency of 4.75 MHz or greater. plicable, to such higher power as is (2) Data showing that the waveform specified in the same permit for au- of the transmitted signal conforms to thorized nondirectional facilities. For that specified by the standards for TV licensed stations, see § 73.1615, Oper- transmissions. ation During Modification of Facili- (3) Photographs of a test pattern ties; and § 73.157, Antenna Testing Dur- taken from a receiver or monitor con- ing Daytime. nected to the transmitter output. (b) The FCC may notify the per- (4) Data showing envelope delay char- mittee not to conduct equipment tests acteristics of the radiated signal. (5) Data showing the attenuation of or may modify, cancel, suspend, or spurious and harmonic radiation, if, change the modes of testing or the after type acceptance, any changes dates and times for such tests in order have been made in the transmitter or to resolve interference complaints or associated equipment (filters, when such action may appear to be in multiplexer, etc.) which could cause the public interest, convenience, and changes in its radiation products. necessity. (d) The data required by paragraphs (c) Equipment tests may be contin- (b) and (c) of this section, together ued so long as the construction permit with a description of the equipment shall remain valid. and procedure used in making the

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(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 25% of the maximum power authorized [43 FR 32783, July 28, 1978, as amended at 47 by the construction permit for direc- FR 40174, Sept. 13, 1982; 50 FR 30947, July 31, 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 authorized by the construction permit When the licensee of an existing AM, only as necessary to take proof of per- FM, TV or Class A TV station is in the formance measurements. Operating process of modifying existing facilities power shall be promptly reduced to as authorized by a construction permit presently licensed level during any sig- and determines it is necessary to either nificant period of time that these discontinue operation or to operate measurements are not being taken. No with temporary facilities to continue daytime operation of construction per- program service, the following proce- mit directional patterns authorized by dures apply: this paragraph shall be conducted be- (a) Licensees holding a construction fore such patterns have been substan- permit for modification of directional tially tuned during the experimental or nondirectional FM, TV or Class A period. TV or nondirectional AM station facili- (6) In the event the directional pat- ties may, without specific FCC author- tern authorized by the construction ity, for a period not exceeding 30 days: permit replaces a licensed directional (1) Discontinue operation, or pattern, the licensee may operate with (2) Operate with temporary facilities the substantially adjusted construction to maintain, as nearly as possible, but permit pattern during the cor- not exceed, the size of the presently li- responding licensed hours of direc- censed coverage area. tional operation with power not ex- (b) Licensees of an AM station hold- ceeding that specified for the licensed ing a construction permit which in- pattern. volves directional facilities and which (c) Such operation or discontinuance does not involve a change in operating of operation in accordance with the frequency may, without specific FCC provisions of paragraph (a) or (b) of authority, for a period not exceeding 30 this section may begin upon notifica- days: tion to the FCC in Washington, DC. (1) Discontinue operation, or (1) Should it be necessary to continue (2) Operate with reduced power or the procedures in either paragraph (a) with parameters at variance from li- or (b) of this section beyond 30 days, an censed tolerances while maintaining informal letter request signed by the monitoring point field strengths within licensee or the licensee’s representa- licensed limits during the period subse- tive must be sent to the FCC in Wash- quent to the commencement of modi- ington, DC. prior to the 30th day. fications authorized by the construc- (2) The license of a broadcasting station permit, or tion that fails to transmit broadcast (3) Operate in a nondirectional mode signals for any consecutive 12-month during the presently licensed hours of period expires as a matter of law at the directional operation with power re- end of that period, notwithstanding duced to 25% or less of the nominal li- any provision, term, or condition of the censed power, or whatever higher license or construction permit to the power, not exceeding licensed power, contrary. will insure that the radiated field (d) Licensees of an AM station hold- strength specified by the license is not ing a construction permit which au- exceeded at any given asimuth for the thorizes both a change in frequency corresponding hours of directional op- and directional facilities must request eration, or and obtain authority from the FCC in

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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. censee’s representatives, must be sent (3) FM licensees replacing a direc- to the FCC in Washington, DC prior to tional antenna pursuant to § 73.1690 the 30th day. (c)(2) without changes which require a (e) The FCC may modify or cancel construction permit (see § 73.1690(b)) the temporary operation permitted may immediately commence program under the provisions of paragraph (a), test operations with the new antenna (b), (c) or (d) of this section without at one half (50%) of the authorized ERP prior notice or right to hearing. upon installation. If the directional an- [50 FR 30947, July 31, 1985, as amended at 61 tenna replacement is an EXACT dupli- FR 28767, June 6, 1996; 65 FR 30004, May 10, cate of the antenna being replaced (i.e., 2000] same manufacturer, antenna model number, and measured composite pat- § 73.1620 Program tests. tern), program tests may commence (a) Upon completion of construction with the new antenna at the full au- of an AM, FM, TV or Class A TV sta- thorized power upon installation. The tion in accordance with the terms of licensee must file a modification of li- the construction permit, the technical cense application on FCC Form 302–FM provisions of the application, the rules within 10 days of commencing oper- and regulations and the applicable en- ations with the newly installed an- gineering standards, program tests tenna, and the license application must may be conducted in accordance with contain all of the exhibits required by the following: § 73.1690(c)(2). After review of the modi- (1) The permittee of a nondirectional fication-of-license application to cover AM or FM station, or a nondirectional the antenna change, the Commission or directional TV or Class A TV sta- will issue a letter notifying the appli- tion, may begin program tests upon no- cant whether program test operation tification to the FCC in Washington, at the full authorized power has been DC provided that within 10 days there- approved for the replacement direc- after, an application for a license is tional antenna. filed with the FCC in Washington, DC. (4) The permittee of an AM station (2) The permittee of an FM station with a directional antenna system with a directional antenna system must file an application for license on must file an application for license on FCC Form 302–AM requesting program FCC Form 302–FM requesting authority test authority with the FCC in Wash- to commence program test operations ington, DC at least ten (10) days prior at full power with the FCC in Wash- to the date on which it desires to com- ington, D.C. This license application mence program test operations. The must be filed at least 10 days prior to application must provide an AM direc- the date on which full power operations tional antenna proof of performance, are desired to commence. The applica- containing the exhibits required by tion for license must contain any ex- § 73.186. After review of the application

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to cover the construction permit, the which a 1000 watt UHF translator sta- Commission will issue a letter noti- tion is authorized to use (see § 73.3516, fying the applicant whether program ‘‘Specification of facilities’’), shall no- test operations may commence. Pro- tify the licensee of the translator sta- gram test operations may not com- tion, in writing, at least 10 days prior mence prior to issuance of staff ap- to commencing or resuming operation. proval. The TV station licensee shall also cer- (5) Except for permits subject to suc- tify to the FCC in Washington, DC that cessive license terms, the permittee of such advance notice has been given to an LPFM station may begin program the translator station licensee. tests upon notification to the FCC in (g) Reports required. In their applica- Washington, DC, provided that within tion for a license to cover a construc- 10 days thereafter, an application for tion permit and on the first anniver- license is filed. Program tests may be sary of the commencement of program conducted by a licensee subject to tests, applicants for new broadcast fa- mandatory license terms only during cilities that were granted after des- the term specified on such licensee’s ignation for a comparative hearing as a authorization. result of a post designation settlement (b) The Commission reserves the or a decision favoring them after com- right to revoke, suspend, or modify parative consideration must report. program tests by any station without (1) Any deviations from comparative right of hearing for failure to comply proposals relating to integration of adequately with all terms of the con- ownership and management and diver- struction permit or the provisions of sification of the media of mass § 73.1690(c) for a modification of license communciation contained in their ap- application, or in order to resolve in- plication for a construction permit at stances of interference. The Commis- the time such application was granted; sion may, at its discretion, also require and the filing of a construction permit application to bring the station into com- (2) Any deviations from an active/ pliance the Commission’s rules and passive ownership structure proposed policies. in their application for a construction (c) Unless sooner suspended or re- permit at the time such application voked, the program test authority con- was granted. tinues valid during FCC consideration (3) The reports referred to in para- of the application for license, and dur- graphs (g)(1) and (2) of this section ing this period further extension of the shall not be required in any case in construction permit is not required. which the order granting the applica- Program test authority shall be auto- tion relieved the applicant of the obli- matically terminated by final deter- gation to adhere to such proposals. mination upon the application for sta- [43 FR 32784, July 28, 1978, as amended at 45 tion license. FR 6401, Jan. 28, 1980; 47 FR 28388, June 30, (d) All operation under program test 1982; 49 FR 38132, Sept. 27, 1984; 56 FR 795, authority shall be in strict compliance Jan. 9, 1991; 56 FR 25639, June 5, 1991; 57 FR with the rules governing broadcast sta- 48333, Oct. 23, 1992; 62 FR 51059, Sept. 30, 1997; tions and in strict accordance with rep- 65 FR 7648, Feb. 15, 2000; 65 FR 30004, May 10, resentations made in the application 2000] for license pursuant to which the tests were authorized. § 73.1635 Special temporary authorizations (STA). (e) Acceptance by the FCC of notification of the station of program tests, (a) A special temporary authoriza- or the granting of program test author- tion (STA) is the authority granted to ity by the FCC, is not to be construed a permittee or licensee to permit the by the permittee as approval by the operation of a broadcast facility for a FCC of the application for station li- limited period at a specified variance cense. from the terms of the station author- (f) The licensee of a UHF TV station ization or requirements of the FCC which is not in operation on, but as- rules applicable to the particular class signed to, the same allocated channel of station.

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(1) A request for a STA should be mation; § 73.1350, Transmission system filed with FCC in Washington, DC at operation; § 73.1560, Operating power least 10 days prior to the date of the and mode tolerances; § 73.1570, Modula- proposed operation. tion levels: AM, FM, TV and Class A (2) The request is to be made by let- TV aural; § 73.1615, Operation during ter and shall fully describe the pro- modification of facilities; § 73.1680, posed operation and the necessity for Emergency antennas; and § 73.1740, the requested STA. Such letter re- Minimum operating schedule. quests shall be signed by the licensee (b) An STA may be modified or can- or the licensee’s representative. celled by the FCC without prior notice (3) A request for a STA necessitated or right to hearing. by unforeseen equipment damage or (c) No request by an AM station for failure may be made without regard to temporary authority to extend its the procedural requirements of this hours of operation beyond those au- section (e.g. via telegram or tele- thorized by its regular authorization phone). Any request made pursuant to will be accepted or granted by the FCC this paragraph shall be followed by a except in emergency situations con- written confirmation request conforming with the requirements of forming to the requirements of para- § 73.3542, Application for Emergency graph (a)(2) of this section. Confirma- Authorization. See also § 73.1250, Broad- tion requests shall be submitted within casting Emergency Information. 24 hours. (See also § 73.1680 Emergency Antennas). [50 FR 30948, July 31, 1985, as amended at 58 (4) An STA may be granted for an ini- FR 51250, Oct. 1, 1993; 60 FR 55482, Nov. 1, 1995; 61 FR 28767, June 6, 1996; 65 FR 30004, tial period not to exceed 180 days. A May 10, 2000] limited number of extensions of such authorizations may be granted for ad- § 73.1650 International agreements. ditional periods not exceeding 180 days 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 an initial period not to exceed 90 days international obligations and under- with a limited number of extensions takings of the United States. Accord- not to exceed 90 days per extension. ingly, all provisions in this part 73 are The permittee or licensee must dem- subject to compliance with applicable onstrate that any further extensions requirements, restrictions, and proce- requested are necessary and that all dures accepted by the United States steps to resume normal operation are that have been established by or pursu- being undertaken in an expeditions and ant to treaties or other international timely fashion. The license of a broad- agreements, arrangements, or under- casting station that fails to transmit standings to which the United States is broadcast signals for any consecutive a signatory, including applicable an- 12-month period expires as a matter of nexes, protocols, resolutions, rec- law at the end of that period, notwith- ommendations and other standing any STA or provision, term, supplementing documents associated or condition of the license to the con- with such international instruments. trary. (b) The United States is a signatory (5) Certain rules specify special con- to the following treaties and other siderations and procedures in situa- international agreements that relate, tions requiring an STA or permit tem- in whole or in part, to AM, FM or TV porary operation at variance without broadcasting: prior authorization from the FCC when (1) The following instruments of the notification is filed as prescribed in the International Telecommunication particular rules. See § 73.62, Directional Union: antenna system tolerances; § 73.157, An- (i) Constitution. tenna testing during daytime; § 73.158, (ii) Convention. Directional antenna monitoring points; (iii) Radio Regulations. § 73.691, Visual modulation monitoring; (2) Regional Agreements for the § 73.1250, Broadcasting emergency infor- Broadcasting Service in Region 2:

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(i) MF Broadcasting 535–1605 kHz, Rio certified or approved with Supplier’s de Janeiro, 1981. Declaration of Conformity must follow (ii) MF Broadcasting 1605–1705 kHz, the requirements contained in § 73.1690. Rio de Janeiro, 1988. (c) A transmitter which was in use (3) Bi-lateral Agreements between prior to January 30, 1955, may continue the United States and Canada relating to be used by the licensee, and succes- to: sors or assignees, if it continues to (i) AM Broadcasting. comply with the technical require- (ii) FM Broadcasting. ments for the type of station at which (iii) TV Broadcasting. it is used. (4) Bi-lateral Agreements between (d) AM stereophonic exciter-genera- the United States and Mexico relating tors for interfacing with approved or to: verified AM transmitters may be cer- (i) AM Broadcasting. tified upon request from any manufac- (ii) FM Broadcasting. turer in accordance with the proce- (iii) TV Broadcasting. dures described in part 2 of this chap- (5) Bi-lateral Agreement between the ter. Broadcast licensees may modify United States and the Bahama Islands their certified AM stereophonic ex- relating to presunrise operations by citer-generators in accordance with AM stations. § 73.1690. (6) North American Regional Broad- (e) Additional rules covering certifi- casting Agreement (NARBA), which, cation and Supplier’s Declaration of for the United States, remains in effect Conformity, modification of authorized with respect to the Dominican Repub- transmitters, and withdrawal of a lic and the Bahama Islands. grant of authorization are contained in The documents listed in this paragraph part 2 of this chapter. are available for inspection in the of- [63 FR 36604, July 7, 1998, as amended at 65 fice of the Chief, Planning and Negotia- FR 30004, May 10, 2000; 65 FR 67304, Nov. 9, tions Division, International Bureau, 2000; 82 FR 50835, Nov. 2, 2017] FCC, Washington, DC. Copies may be purchased from the FCC Copy Con- § 73.1665 Main transmitters. tractor, whose name may be obtained (a) Each AM, FM, TV and Class A TV from the FCC Consumer Assistance Of- broadcast station must have at least fice. one main transmitter which complies [54 FR 39737, Sept. 28, 1989, as amended at 56 with the provisions of the transmitter FR 64872, Dec. 12, 1991; 60 FR 5333, Jan. 27, technical requirements for the type 1995] and class of station. A main transmitter is one which is used for regular § 73.1660 Acceptability of broadcast transmitters. program service having power ratings appropriate for the authorized oper- (a)(1) An AM, FM, or TV transmitter ating power(s). shall be approved for compliance with (b) There is no maximum power rat- the requirements of this part following ing limit for FM, TV or Class A TV sta- the Supplier’s Declaration of Con- tion transmitters, however, the max- formity procedures described in sub- imum rated transmitter power of a part J of part 2 of this chapter. main transmitter stalled at an AM sta- NOTE 1 TO PARAGRAPH (a)(1): the tion shall be as follows: verification procedure has been replaced by Supplier’s Declaration of Conformity. AM, TABLE 1 TO PARAGRAPH (B) FM, and TV transmitters previously authorized under subpart J of part 2 of this chapter Maximum may remain in use. See § 2.950(j) of this chap- rated Authorized power transmitter ter. power (kW) (2) An LPFM transmitter shall be certified for compliance with the re- 0.25, 0.5, or 1 kW ...... 1 2.5 kW ...... 5 quirements of this part following the 5 or 10 kW ...... 10 procedures described in part 2 of this 25 or 50 kW ...... 50 chapter. (b) A permittee or licensee planning (c) A licensee may, without further to modify a transmitter which has been authority or notification to the FCC,

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replace an existing main transmitter (b) Authorization to install an auxil- or install additional main trans- iary transmitter for use with other mitter(s) for use with the authorized than the main antenna or authorized antenna if the replacement or addi- auxiliary antenna must be obtained by tional transmitter(s) has been approved filing an application for a construction with Supplier’s Declaration of Con- permit on FCC form 301 (FCC form 340 formity. Within 10 days after com- for noncommercial educational sta- mencement of regular use of the re- tions). placement or additional transmitter(s), (c) The following technical and oper- equipment performance measurements, ating standards apply to auxiliary as prescribed for the type of station are transmitters: to be completed. (1) The auxiliary transmitter may be NOTE 1 TO PARAGRAPH (c): The verification operated on only the station’s author- procedure has been replaced by Supplier’s ized frequency and within the required Declaration of Conformity. Transmitters carrier frequency departure tolerance previously authorized under subpart J of this for the type of station. chapter may remain in use. See § 2.950 of this (2) The carrier frequency of the auxil- chapter. iary transmitter must be measured as NOTE 2 TO PARAGRAPH (c): Pending the often as necessary to ensure that it is availability of AM broadcast transmitters that are authorized for use in the 1605–1705 maintained within the prescribed toler- kHz band, transmitters that are approved or ance. verified for use in the 535–1605 kHz band may (3) When using an auxiliary trans- be utilized in the 1605–1705 kHz band if it is mitter, the operating power may be shown that the requirements of § 73.44 have less than the authorized power but may been met. Equipment authorization for the not exceed the authorized power within transmitter will supersede the applicability the permitted tolerance for the type of of this note. station. If operation with an auxiliary [43 FR 53741, Nov. 17, 1978, as amended at 47 transmitter at reduced power con- FR 8590, Mar. 1, 1982; 47 FR 28388, June 30, tinues for a period exceeding 10 days, 1982; 49 FR 4000, Feb. 1, 1984; 51 FR 18451, May the FCC in Washington, DC must be 20, 1986; 56 FR 64872, Dec. 12, 1991; 63 FR 36604, notified. (See § 73.51, AM; § 73.267, FM; July 7, 1998; 65 FR 30004, May 10, 2000; 82 FR 50835, Nov. 2, 2017] § 73.567, NCE-FM; and § 73.663, TV). (4) Normal operator requirements § 73.1670 Auxiliary transmitters. apply to the operation of the auxiliary transmitter. (a) A licensee of a broadcast station may, without further authority from NOTE: After January 1, 1979, new licenses the FCC, install and use with the main will not be issued nor will existing licenses antenna system one or more auxiliary be renewed for auxiliary transmitters that are operated into the main antenna system. transmitters for the following purposes: [43 FR 53741, Nov. 17, 1978, as amended at 44 (1) The transmission of regular pro- FR 22740, Apr. 17, 1979; 48 FR 36463, Aug. 11, 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: (6) For testing, upon the request of (i) AM stations: The 0.5 mV/m field representatives of the FCC. strength contours.

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(ii) FM stations: The 1.0 mV/m field tion may apply to license the proposed strength contours. auxiliary facility by filing a modifica- (iii) TV stations: The Grade B cov- tion of license application on Form 302- erage contours. AM. The proposed auxiliary facilities (iv) Class A TV stations: The pro- must have been previously licensed on tected contours defined in § 73.6010. the same frequency as the present (2) An application for an auxiliary main facility. The license application antenna for an AM station filed pursu- must contain an exhibit to dem- ant to paragraphs (b) or (c) of this sec- onstrate compliance with § 73.1675(a). tion must contain a map showing the [43 FR 53741, Nov. 17, 1978, as amended at 44 0.5 mV/m field strength contours of FR 22740, Apr. 17, 1979; 45 FR 26066, Apr. 17, both the main and auxiliary facilities. 1980; 50 FR 13974, Apr. 9, 1985; 62 FR 51060, (b) An application for a construction Sept. 30, 1997; 63 FR 70049, Dec. 18, 1998; 65 FR permit to install a new auxiliary an- 30005, May 10, 2000; 78 FR 66298, Nov. 5, 2013] tenna, or to make changes in an existing auxiliary antenna for which prior § 73.1680 Emergency antennas. FCC authorization is required (see (a) An emergency antenna is one that § 73.1690), must be filed on FCC Form is erected for temporary use after the 301 (FCC Form 340 for noncommercial authorized main and auxiliary anten- educational stations). nas are damaged and cannot be used. (c)(1) Where an FM, TV or Class A TV (b) Prior authority from the FCC is licensee proposes to use a formerly li- not required by licensees and permit- censed main facility as an auxiliary fa- tees to erect and commence operations cility, or proposes to modify a pres- using an emergency antenna to restore ently authorized auxiliary facility, and program service to the public. How- no changes in the height of the an- ever, an informal letter request to con- tenna radiation center are required in tinue operation with the emergency excess of the limits in § 73.1690(c)(1), the antenna must be made within 24 hours FM, TV or Class A TV licensee may to the FCC in Washington, DC, Atten- apply for the proposed auxiliary facil- tion: Audio Division (radio) or Video ity by filing a modification of license Division (television), Media Bureau, application. The modified auxiliary fa- within 24 hours after commencement of cility must operate on the same chan- its use. The request is to include a de- nel as the licensed main facility. An scription of the damage to the author- exhibit must be provided with this li- ized antenna, a description of the emer- cense application to demonstrate com- gency antenna, and the station oper- pliance with § 73.1675(a). All FM, TV ating power with the emergency an- and Class A TV licensees may request a tenna. 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- TV or Class A TV licensee may also in- directional vertical element of a direc- crease the ERP of the auxiliary facility tional antenna as an emergency an- in a license modification application, tenna. AM stations using an emergency provided the application contains an nondirectional antenna or a horizontal analysis demonstrating compliance or vertical wire pursuant to this sec- with the Commission’s radiofrequency tion, in lieu or authorized directional radiation guidelines, and an analysis facilities, shall operate with power re- showing that the auxiliary facility will duced to 25% or less of the nominal li- comply with § 73.1675(a). Where an FM, censed power, or, a higher power, not TV, or Class A TV licensee or per- exceeding licensed power, while insur- mittee proposes to mount an auxiliary ing that the radiated filed strength facility on an AM tower, it must also does not exceed that authorized in any demonstrate compliance with § 1.30003 given azimuth for the corresponding in the license application. hours of directional operation. (2) Where an AM licensee proposes to (2) FM, TV and Class A TV stations. use a former licensed main facility as FM, TV and Class A TV stations may an auxiliary facility with an ERP less erect any suitable radiator, or use op- than or equal to the ERP specified on erable sections of the authorized an- the former main license, the AM sta- tenna(s) as an emergency antenna.

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(c) The FCC may prescribe the output for a TV broadcast (see § 73.685) or Class power, radiation limits, or other oper- A TV station (see § 73.6025). ating conditions when using an emer- (4) Any change in the directional ra- gency antenna, and emergency antenna diation characteristics of an AM direc- authorizations may be modified or ter- tional antenna system. See § 73.45 and minated in the event harmful inter- § 73.150. ference is caused to other stations or (5) Any decrease in the authorized services by the use of an emergency an- power of an AM station or the ERP of tenna. a TV or Class A TV station, or any decrease or increase in the ERP of an FM [43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 50 FR 30948, July 31, commercial station, which is intended 1985; 63 FR 33878, June 22, 1998; 65 FR 30005, for compliance with the multiple own- May 10, 2000; 67 FR 13232, Mar. 21, 2002] ership rules in § 73.3555. (6) For FM noncommercial edu- § 73.1690 Modification of transmission cational stations, any of the following: systems. (i) Any increase in the authorized The following procedures and restric- maximum ERP, whether horizontally tions apply to licensee modifications of or vertically polarized, for a non- authorized broadcast transmission sys- commercial educational FM station op- tem facilities. erating on Channels 201 through 220, or (a) The following changes are prohib- a Class D FM station operating on ited: Channel 200. (1) Those that would result in the (ii) For those FM noncommercial emission of signals outside of the au- educational stations on Channels 201 to thorized channel exceeding limits pre- 220, or a Class D FM station operating scribed for the class of service. on Channel 200, which are within the (2) Those that would cause the trans- separation distances specified in Table mission system to exceed the equip- A of § 73.525 with respect to a Channel 6 ment performance measurements pre- television station, any increase in the scribed for the class of service (AM, horizontally or vertically polarized § 73.44; FM, §§ 73.317, 73.319, and 73.322; ERP from the presently authorized TV and Class A TV, §§ 73.682 and 73.687). ERP. (b) The following changes may be (iii) For those FM noncommercial made only after the grant of a con- educational stations on Channels 201 struction permit application on FCC through 220 which are located within Form 301 for commercial stations or the separation distances in § 73.525 with Form 340 for noncommercial edu- respect to a Channel 6 television sta- cational stations: tion, or a Class D FM station operating (1) Any construction of a new tower on Channel 200, any decrease in the structure for broadcast purposes, ex- presently authorized horizontal effec- cept for replacement of an existing tive radiated power which would elimi- tower with a new tower of identical nate the horizontal ERP to result in height and geographic coordinates. use of vertical ERP only. (2) Any change in station geographic (iv) For those FM noncommercial coordinates, including coordinate cor- educational stations which employ sep- rections of more than 3 seconds lati- arate antennas for the horizontal ERP tude and/or 3 seconds longitude. FM and the vertical ERP, mounted at dif- and TV directional stations must also ferent heights, the station may not in- file a construction permit application crease or decrease either the horizontal for any move of the antenna to another ERP or the vertical ERP without a tower structure located at the same co- construction permit. ordinates. (7) Any increase in the authorized (3) Any change which would require ERP of a television station, Class A an increase along any azimuth in the television station, FM commercial sta- composite directional antenna pattern tion, or noncommercial educational of an FM station from the composite FM station, except as provided for in directional antenna pattern authorized § 73.1690(c)(4), (c)(5), or (c)(7), or in (see § 73.316), or any increase from the § 73.1675(c)(1) in the case of auxiliary fa- authorized directional antenna pattern cilities.

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(8) A commercial TV or noncommer- (2) Replacement of a directional FM cial educational TV station operating antenna, where the measured com- on Channels 14 or Channel 69 or a Class posite directional antenna pattern does A TV station on Channel 14 may in- not exceed the licensed composite di- crease its horizontally or vertically po- rectional pattern at any azimuth, larized ERP only after the grant of a where no change in effective radiated construction permit. A television or power will result, and where compli- Class A television station on Channels ance with the principal coverage re- 15 through 21 within 341 km of a co- quirements of § 73.315(a) will be main- channel land mobile operation, or 225 tained by the measured directional pat- km of a first-adjacent channel land tern. The antenna must be mounted mobile operation, must also obtain a not more than 2 meters above or 4 me- construction permit before increasing ters below the authorized values. The the horizontally or vertically polarized modification of license application on ERP (see part 74, § 74.709(a) and (b) for Form 302-FM to cover the antenna re- tables of urban areas and cor- placement must contain all of the data responding reference coordinates of po- in the following sections (i) through tentially affected land mobile oper- (v). Program test operations at one ations). half (50%) power may commence imme- (9) Any change in the community of diately upon installation pursuant to license, where the proposed new facili- § 73.1620(a)(3). However, if the replace- ties are the same as, or would be mutu- ment directional antenna is an exact ally exclusive with, the licensee’s or replacement (i.e., no change in manu- permittee’s present assignment. facturer, antenna model number, AND (c) The following FM, TV and Class A measured composite antenna pattern), TV station modifications may be made program test operations may com- without prior authorization from the mence immediately upon installation Commission. A modification of license at the full authorized power. application must be submitted to the (i) A measured directional antenna Commission within 10 days of com- pattern and tabulation on the antenna mencing program test operations pur- manufacturer’s letterhead showing suant to § 73.1620. With the exception of both the horizontally and vertically applications filed solely pursuant to polarized radiation components and paragraphs (c)(6), (c)(9), or (c)(10) of demonstrating that neither of the com- this section, the modification of li- ponents exceeds the authorized com- cense application must contain an ex- posite antenna pattern along any azi- hibit demonstrating compliance with muth. the Commission’s radio frequency radi- (ii) Contour protection stations au- ation guidelines. In addition, except for thorized pursuant to § 73.215 or § 73.509 applications solely filed pursuant to must attach a showing that the RMS paragraphs (c)(6) or (c)(9) of this sec- (root mean square) of the composite tion, where the installation is located measured directional antenna pattern on or near an AM tower, as defined in is 85% or more of the RMS of the au- § 1.30002, an exhibit demonstrating com- thorized composite antenna pattern. pliance with § 1.30003 or § 1.30002, as ap- See § 73.316(c)(9). If this requirement plicable, 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

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antenna will be permanently mounted, power up to the authorized hori- and the tower or tower section must zontally polarized effective radiated include transmission lines, ladders, power in a license modification appli- conduits, other antennas, and any cation. Noncommercial educational other installations which may affect FM licensees and permittees on Chan- the measured directional pattern. nels 201 through 220, that do not use (iv) A certification from a licensed separate antennas mounted at different surveyor that the antenna has been ori- heights for the horizontally polarized ented to the proper azimuth. ERP and the vertically polarized ERP, (v) A certification from a qualified and are located in excess of the separa- engineer who oversaw installation of tions from a Channel 6 television sta- the directional antenna that the an- tion listed in Table A of § 73.525(a)(1), tenna was installed pursuant to the may also increase the vertical ERP, up manufacturer’s instructions. to (but not exceeding) the authorized (3) A directional TV on Channels 2 horizontally polarized ERP via a li- through 13 or 22 through 68 or a direc- cense modification application. Pro- tional Class A TV on Channels 2 gram test operations may commence at through 13 or 22 through 51, or a direc- full power pursuant to § 73.1620(a)(1). tional TV or Class A TV station on (5) Those Class A FM commercial sta- Channels 15 through 21 which is in ex- tions which were permitted to increase cess of 341 km (212 miles) from a co- ERP pursuant to MM Docket No. 88–375 channel land mobile operation or in ex- by a modification of license application cess of 225 km (140 miles) from a first- remain eligible to do so, provided that adjacent channel land mobile operation the station meets the requirements of (see part 74, § 74.709(a) and (b) for tables § 73.1690 (c)(1) and is listed on one of the of urban areas and reference coordi- Public Notices as authorized to in- nates of potentially affected land mo- crease ERP, or by a letter from the bile operations), may replace a direc- Commission’s staff authorizing the tional TV or Class A TV antenna by a change. These Public Notices were re- license modification application, if the leased on November 3, 1989; November proposed horizontal theoretical direc- 17, 1989; December 8, 1989; March 2, 1990; tional antenna pattern does not exceed and February 11, 1991. The increased the licensed horizontal directional an- ERP must comply with the multiple tenna pattern at any azimuth and ownership requirements of § 73.3555. where no change in effective radiated Program test operations may com- power will result. The modification of mence at full power pursuant to license application on Form 302–TV or § 73.1620(a)(1). Form 302–CA must contain all of the (6) FM contour protection stations data set forth in § 73.685(f) or authorized pursuant to § 73.215 which § 73.6025(a), as applicable. have become fully spaced under § 73.207 (4) Commercial and noncommercial may file a modification of license ap- educational FM stations operating on plication to delete the § 73.215 contour Channels 221 through 300 (except Class protection designation with an exhibit D), NTSC TV stations operating on to demonstrate that the station is fully Channels 2 through 13 and 22 through spaced in accordance with § 73.207. The 68, Class A TV stations operating on contour protection designation will be Channels 2 through 13 and 22 through removed upon grant of the license ap- 51, and TV and Class A TV stations op- plication. Applications filed under this erating on Channels 15 through 21 that rule section will be processed on a first are in excess of 341 km (212 miles) from come / first served basis with respect to a cochannel land mobile operation or conflicting FM commercial minor in excess of 225 km (140 miles) from a change applications and modification first-adjacent channel land mobile op- of license applications (including those eration (see part 74, § 74.709(a) and (b) filed pursuant to § 73.1690 (b) and (c)(6) for tables of urban areas and reference and (c)(7)). coordinates of potentially affected land (7) FM omnidirectional commercial mobile operations), which operate stations, and omnidirectional non- omnidirectionally, may increase the commercial educational FM stations vertically polarized effective radiated operating on Channels 221 through 300

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(except Class D), which are not des- § 73.315(a). Noncommercial educational ignated as contour protection stations FM stations must continue to provide pursuant to § 73.215 and which meet the a 60 dBu contour over at least a portion spacing requirements of § 73.207, may of the community of license. The 60 file a license modification application and 70 dBu contours must be predicted to increase ERP to the maximum per- by use of the standard contour pre- mitted for the station class, provided diction method in § 73.313(b), (c), and that any change in the height of the (d). antenna radiation center remains in (ii) For commercial FM stations accordance with § 73.1690(c)(1). Program only, there is no change in the author- test operations may commence at full ized station class as defined in § 73.211. power pursuant to § 73.1620(a)(1). All of (iii) For commercial FM stations the following conditions also must be only, the power decrease is not nec- met before a station may apply pursu- essary to achieve compliance with the ant to this section: multiple ownership rule, § 73.3555. (i) The station may not be a ‘‘grand- (iv) Commercial FM stations, non- fathered’’ short-spaced station author- commercial educational FM stations ized pursuant to § 73.213 or short-spaced on Channels 221 through 300, and non- by a granted waiver of § 73.207; commercial educational FM stations (ii) If the station is located in or near on Channels 200 through 220 which are a radio quiet zone, radio coordination located in excess of the distances in zone, or a Commission monitoring sta- Table A of § 73.525 with respect to a tion (see § 73.1030 and § 0.121(c) of this Channel 6 TV station, may not use this chapter), the licensee or permittee rule to decrease the horizontally polar- must have secured written concurrence ized ERP below the value of the from the affected radio quiet zone, vertically polarized ERP. radio coordination zone, or the Com- (v) Noncommercial educational FM mission’s Public Safety and Homeland stations on Channels 201 through 220 Security Bureau in the case of a moni- which are within the Table A distance toring station, to increase effective ra- separations of § 73.525, or Class D sta- diated power PRIOR to implementa- tions on Channel 200, may not use the tion. A copy of that concurrence must license modification process to elimi- be submitted with the license applica- nate an authorized horizontally polar- tion to document that concurrence has ized component in favor of vertically been received; polarized-only operation. In addition, (iii) The station does not require noncommercial educational stations international coordination as the sta- operating on Channels 201 through 220, tion does not lie within the border or Class D stations on Channel 200, zones, or clearance has been obtained which employ separate horizontally from Canada or Mexico for the higher and vertically polarized antennas power operation within the station’s mounted at different heights, may not specified domestic class and the sta- use the license modification process to tion complies with § 73.207(b)(2) and (3) increase or decrease either the hori- with respect to foreign allotments and zontal ERP or vertical ERP without a allocations; construction permit. (iv) The increased ERP will not cause (9) The licensee of an AM, FM, or TV the station to violate the multiple commercial station may propose to ownership requirements of § 73.3555. change from commercial to non- (8) FM commercial stations and FM commercial educational on a modifica- noncommercial educational stations tion of license application, provided may decrease ERP on a modification of that the application contains com- license application provided that ex- pleted Sections II and IV of FCC Form hibits are included to demonstrate that 340. In addition, a noncommercial edu- all five of the following requirements cational AM licensee, a TV licensee on are met: a channel not reserved for noncommer- (i) Commercial FM stations must cial educational use, or an FM licensee continue to provide a 70 dBu principal on Channels 221 to 300 (except Class D community contour over the commu- FM) on a channel not reserved for non- nity of license, as required by commercial educational use, may

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apply to change from educational to for broadcast stations would be in the commercial via a modification of li- public interest, convenience, and ne- cense application, and no exhibits are cessity, upon petition being filed by required with the application. The the person proposing such change or change will become effective upon modification, setting forth the fol- grant of the license application. lowing: (10) Replacement of a transmission (a) The exact character of the change line with one of a different type or or modification proposed; length which changes the transmitter (b) The effect of the proposed change operating power (TPO) from the au- or modification upon all other trans- thorized value, but not the ERP, must mission standards that have been be reported in a license modification adopted by the FCC for broadcast sta- application to the Commission. tions; (11) Correction of geographic coordi- (c) The experimentation and field nates where the change is 3 seconds or tests that have been made to show that fewer in latitude and/or 3 seconds or the proposed change or modification fewer in longitude, provided there is no accomplishes an improvement and is physical change in location and no technically feasible; other licensed parameters are changed. (d) The effect of the proposed change The correction of coordinates may not or modification in the adopted stand- result in any new short spacings or in- ards upon operation and obsolescence creases in existing short spacings. of receivers; (d) The following changes may be (1) Should a change of modification made without authorization from the in the transmission standards be adopt- FCC, however informal notification of ed by the FCC, the effective date there- the changes must be made according to of will be determined in the light of the the rule sections specified: considerations mentioned in this para- (1) Commencement of remote control graph (d); operation pursuant to § 73.1400. (2) [Reserved] (2) Modification of an AM directional (e) The change in equipment required antenna sampling system. See § 73.68. in existing broadcast stations for in- (e) Any electrical and mechanical corporating the proposed change or modification to authorized transmit- modification in the adopted standards; ting equipment that is not otherwise and restricted by the preceding provisions (f) The facts and reasons upon which of this section, may be made without the petitioner bases the conclusion FCC notification or authorization. that the proposed change or modifica- Equipment performance measurements tion would be in the public interest, must be made within ten days after convenience, and necessity. completing the modifications (See [49 FR 4211, Feb. 3, 1984] § 73.1590). An informal statement, diagram, etc., describing the modification § 73.1700 Broadcast day. must be retained at the transmitter The term broadcast day means that site for as long as the equipment is in period of time between the station’s use. sign-on and its sign-off. [47 FR 8590, Mar. 1, 1982] [43 FR 45849, Oct. 4, 1978] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.1690, see the List of CFR § 73.1705 Time of operation. Sections Affected, which appears in the Finding Aids section of the printed volume (a) Commercial and noncommercial and at www.govinfo.gov. educational TV and commercial FM stations will be licensed for unlimited § 73.1692 [Reserved] time operation. Application may be made for voluntary share-time oper- § 73.1695 Changes in transmission ation. standards. (b) Noncommercial educational FM The FCC will consider the question stations will be licensed for unlimited whether a proposed change or modifica- and share time operation according to tion of transmission standards adopted the provisions of § 73.561.

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(c) AM stations in the 535–1705 kHz such statement, the FCC will designate band will be licensed for unlimited the applications for a hearing and, time. In the 535–1605 kHz band, stations pending such hearing, the operating that apply for share time and specified schedule previously adhered to shall re- hours operations may also be licensed. main in full force and effect. AM stations licensed to operate day- (c) A departure from the regular time-only and limited-time may con- schedule in a time-sharing agreement tinue to do so; however, no new such will be permitted only in cases where stations will be authorized, except for an agreement to that effect is put in fulltime stations that reduce operating writing, is signed by the licensees of hours to daytime-only for interference the stations affected thereby and filed reduction purposes. in triplicate by each licensee with the [43 FR 45849, Oct. 4, 1978, as amended at 56 FR FCC in Washington, DC prior to the 64872, Dec. 12, 1991] time of the time of the proposed change. If time is of the essence, the § 73.1710 Unlimited time. actual departure in operating schedule Operation is permitted 24 hours a may precede the actual filing of writ- day. ten agreement, provided appropriate notice is sent to the FCC. [43 FR 45849, Oct. 4, 1978] (d) If the license of an AM station authorized to share time does not specify § 73.1715 Share time. the hours of operation, the station may Operation is permitted by two or be operated for the transmission of reg- more broadcast stations using the ular programs during the experimental same channel in accordance with a di- period provided an agreement thereto vision of hours mutually agreed upon is reached with the other stations with and considered part of their licenses. which the broadcast day is shared: And (a) If the licenses of stations author- further provided, Such operation is not ized to share time do not specify hours in conflict with § 73.72 (Operating dur- of operation, the licensees shall en- ing the experimental period). Time- deavor to reach an agreement for a sharing agreements for operation dur- definite schedule of periods of time to ing the experimental period need not be used by each. Such agreement shall be submitted to the FCC. be in writing and each licensee shall (e) Noncommercial educational FM file it in duplicate original with each stations are authorized for share time application to the FCC in Washington, operation according to the provisions DC for renewal of license. If and when of § 73.561. such written agreements are properly filed in conformity with this section, [43 FR 45849, Oct. 4, 1978, as amended at 47 FR the file mark of the FCC will be affixed 40174, Sept. 13, 1982; 84 FR 2758, Feb. 8, 2019] thereto, one copy will be retained by the FCC, and one copy returned to the § 73.1720 Daytime. licensee and will be considered as part Operation is permitted during the of the station’s license. If the license hours between average monthly local specifies a proportionate time division, sunrise and average monthly local sun- the agreement shall maintain this pro- set. portion. If no proportionate time divi- (a) The controlling times for each sion is specified in the license, the li- month of the year are stated in the sta- censees shall agree upon a division of tion’s instrument of authorization. time. Such division of time shall not Uniform sunrise and sunset times are include simultaneous operation of the specified for all of the days of each stations unless specifically authorized month, based upon the actual times of by the terms of the license 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.

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(b) [Reserved] § 73.1730 Specified hours. [43 FR 45849, Oct. 4, 1978] (a) Specified hours stations must operate in accordance with the exact § 73.1725 Limited time. hours specified in their license. How- (a) Operation is applicable only to ever, such stations, operating on local Class B (secondary) AM stations on a channels, unless sharing time with clear channel with facilities authorized other stations, may operate at hours before November 30, 1959. Operation of beyond those specified in their licenses the secondary station is permitted dur- to carry special events programing. ing daytime and until local sunset if When such programs are carried during located west of the Class A station on nighttime hours, the station’s author- the channel, or until local sunset at ized nighttime facilities must be used. the Class A station if located east of (b) Other exceptions to the adherence that station. Operation is also per- to the schedule of specified hours of op- mitted during nighttime hours not eration are provided in § 73.72 (Oper- used by the Class A station or other ating during the experimental period), stations on the channel. § 73.1250 (Broadcasting emergency information) and § 73.1740 (Minimum oper- (b) No authorization will be granted ating schedule). for: (1) A new limited time station; [43 FR 45850, Oct. 4, 1978] (2) A limited time station operating on a changed frequency; § 73.1735 AM station operation presunrise and post-sunset. (3) A limited time station with a new transmitter site materially closer to Certain classes of AM stations are el- the 0.1 mV/m contour of a co-channel igible to operate pre-sunrise and/or U.S. Class A station; or post-sunset for specified periods with (4) Modification of the operating fa- facilities other than those specified on cilities of a limited time station result- their basic instruments of authoriza- ing in increased radiation toward any tion. Such pre-sunrise and post-sunset point on the 0.1 mV/m contour of a co- operation is authorized pursuant to the channel U.S. Class A station during the provisions of § 73.99 of the Rules. hours after local sunset in which the [49 FR 41249, Oct. 22, 1984] limited time station is permitted to operate by reason of location east of § 73.1740 Minimum operating sched- the Class A station. ule. (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. Such approved operating (2) TV stations. (i) During the first 36 schedule shall be considered part of the months of operation, not less than 2 station’s license. Departure from said hours daily in any 5 broadcast days per operating schedule will be permitted calendar week and not less than a total only pursuant to § 73.1715 (Share time). of: [56 FR 64872, Dec. 12, 1991, as amended at 84 (A) 12 hours per week during the first FR 2758, Feb. 8, 2019] 18 months.

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(B) 16 hours per week during the 19th (c) The license of any broadcasting through 24th months. station that fails to transmit broadcast (C) 20 hours per week during the 25th signals for any consecutive 12-month through 30th months. period expires as a matter of law at the (D) 24 hours per week during the 31st end of that period, notwithstanding through 36th months. any provision, term, or condition of the (ii) After 36 months of operation, not license to the contrary. less than 2 hours in each day of the [43 FR 45850, Oct. 4, 1978, as amended at 53 FR week and not less than a total of 28 1032, Jan. 15, 1988; 56 FR 64873, Dec. 12, 1991; hours per calendar week. 61 FR 28767, June 6, 1996; 65 FR 30006, May 10, (iii) Visual transmissions of test pat- 2000] terns, slides, or still pictures accompanied by unrelated aural trans- § 73.1745 Unauthorized operation. missions may not be counted in com- (a) No broadcast station shall operate puting program service (see § 73.653). at times, or with modes or power, other (3) ‘‘Operation’’ includes the period than those specified and made a part of during which the station is operated the license, unless otherwise provided pursuant to temporary authorization in this part. or program tests, as well as during the (b) Any unauthorized departure from license period. an operating schedule which is required (4) In the event that causes beyond to be filed with the FCC in Washington, the control of a licensee make it im- DC, will be considered as a violation of possible to adhere to the operating a material term of the license. schedule of this section or to continue operating, the station may limit or dis- [43 FR 45850, Oct. 4, 1978] continue operation for a period of not § 73.1750 Discontinuance of operation. more than 30 days without further authority from the FCC. Notification The licensee of each station shall no- must be sent to the FCC in Wash- tify by letter the FCC in Washington, ington, D.C. not later than the 10th day DC, Attention: Audio Division (radio) of limited or discontinued operation. or Video Division (television), Media During such period, the licensee shall Bureau, of the permanent discontinu- continue to adhere to the requirements ance of operation at least two days be- in the station license pertaining to the fore operation is discontinued. Imme- lighting of antenna structures. In the diately after discontinuance of oper- event normal operation is restored ation, the licensee shall forward the prior to the expiration of the 30 day pe- station license and other instruments riod, the licensee will so notify the of authorization to the FCC, Attention: FCC of this date. If the causes beyond Audio Division (radio) or Video Divi- the control of the licensee make it im- sion (television), Media Bureau, for possible to comply within the allowed cancellation. The license of any station period, informal written request shall that fails to transmit broadcast signals be made to the FCC no later than the for any consecutive 12 month period ex- 30th day for such additional time as pires as a matter of law at the end of may be deemed necessary. that period, notwithstanding any pro- (5) Class A TV stations. Not less than vision, term, or condition of the license 18 hours in each day of the week. to the contrary. If a licensee surren- (b) Noncommercial educational AM ders its license pursuant to an inter- and TV stations are not required to op- ference reduction agreement, and its erate on a regular schedule and no min- surrender is contingent on the grant of imum hours of operation are specified; another application, the licensee must but the hours of actual operation dur- identify in its notification the contin- ing a license period shall be taken into gencies involved. consideration in the renewal of non- [67 FR 13233, Mar. 21, 2002] commercial educational AM and TV broadcast licenses. Noncommercial § 73.1800 General requirements related educational FM stations are subject to to the station log. the operating schedule requirements (a) The licensee of each station must according to the provisions of § 73.561. maintain a station log as required by

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§ 73.1820. This log shall be kept by sta- § 73.1820 Station log. tion employees competent to do so, (a) Entries must be made in the sta- having actual knowledge of the facts tion log either manually by a person required. All entries, whether required designated by the licensee who is in ac- or not by the provisions of this part, tual charge of the transmitting appa- must accurately reflect the station op- ratus, or by automatic devices meeting eration. Any employee making a log the requirements of paragraph (b) of entry shall sign the log, thereby attest- this section. Indications of operating ing to the fact that the entry, or any parameters that are required to be correction or addition made thereto, is logged must be logged prior to any ad- an accurate representation of what justment of the equipment. Where ad- transpired. justments are made to restore param- (b) The logs shall be kept in an or- eters to their proper operating values, derly and legible manner, in suitable the corrected indications must be form and in such detail that the data logged and accompanied, if any param- required for the particular class of sta- eter deviation was beyond a prescribed tion concerned are readily available. tolerance, by a notation describing the Key letters or abbreviations may be nature of the corrective action. Indica- used if the proper meaning or expla- tions of all parameters whose values nation is contained elsewhere in the are affected by the modulation of the log. Each sheet must be numbered and carrier must be read without modula- dated. Time entries must be made in tion. The actual time of observation local time and must be indicated as ad- must be included in each log entry. The vanced (e.g., EDT) or non-advanced following information must be entered: (e.g., EST) time. (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

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an indication of any corrections to re- § 73.1835 Special technical records. store parameters to normal operating The FCC may require a broadcast values): station licensee to keep operating and (A) Common point current. maintenance records as necessary to (B) When the operating power is de- resolve conditions of actual or poten- termined by the indirect method, the efficiency factor F and either the prod- tial interference, rule violations, or de- uct of the final amplifier input voltage ficient technical operation. and current or the calculated antenna [48 FR 38482, Aug. 24, 1983] input power. See § 73.51(e). (C) Antenna monitor phase or phase § 73.1840 Retention of logs. deviation indications. (a) Any log required to be kept by (D) Antenna monitor sample cur- station licensees shall be retained by rents, current ratios, or ratio deviation them for a period of 2 years. However, indications. logs involving communications inci- (ii) Entries required by § 73.61 per- dent to a disaster or which include formed in accordance with the schedule communications incident to or in- specified therein. volved in an investigation by the FCC (iii) Entries of the results of calibra- and about which the licensee has been tion of automatic logging devices (see notified, shall be retained by the li- paragraph (b) of this section) or indi- censee until specifically authorized in cating instruments (see § 73.67), when- writing by the FCC to destroy them. ever performed. Logs incident to or involved in any (b) Automatic devices accurately claim or complaint of which the li- calibrated and with appropriate time, censee has notice shall be retained by date and circuit functions may be uti- the licensee until such claim or com- lized to record entries in the station plaint has been fully satisfied or until log Provided: the same has been barred by statute (1) The recording devices do not af- limiting the time for filing of suits fect the operation of circuits or accu- upon such claims. racy of indicating instruments of the (b) Logs may be retained on micro- equipment being recorded; film, microfiche or other data-storage (2) The recording devices have an ac- systems subject to the following condi- curacy equivalent to the accuracy of tions: the indicating instruments; (1) Suitable viewing—reading devices (3) The calibration is checked against shall be available to permit FCC in- the original indicators as often as nec- spection of logs pursuant to § 73.1226, essary to ensure recording accuracy; availability to FCC of station logs and (4) In the event of failure or malfunc- records. tioning of the automatic equipment, the person designated by the licensee (2) Reproduction of logs, stored on as being responsible for the log small data-storage systems, to full-size cop- make the required entries in the log ies, is required of licensees if requested manually at that time; by the FCC or the public as authorized (5) The indicating equipment con- by FCC rules. Such reproductions must forms to the requirements of § 73.1215 be completed within 2 full work days of (Indicating instruments—specifica- the time of the request. tions) except that the scales need not (3) Corrections to logs shall be made: exceed 5 cm (2 inches) in length. Arbi- (i) Prior to converting to a data-stor- trary scales may not be used. age system pursuant to the require- (c) In preparing the station log, origi- ments of § 73.1800 (c) and (d), (§ 73.1800, nal data may be recorded in rough form General requirements relating to logs). and later transcribed into the log. (ii) After converting to a data-storage system, by separately making such [43 FR 45854, Oct. 4, 1978, as amended at 44 FR corrections and then associating with 58735, Oct. 11, 1979; 47 FR 24580, June 7, 1982; 48 FR 38481, Aug. 24, 1983; 48 FR 44806, Sept. the related data-stored logs. Such cor- 30, 1983; 49 FR 33603, Aug. 23, 1984; 58 FR 44951, rections shall contain sufficient infor- Aug. 25, 1993; 59 FR 67102, Dec. 28, 1994; 60 FR mation to allow those reviewing the 55482, Nov. 1, 1995] logs to identify where corrections have

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been made, and when and by whom the fulfilled in a timely and correct man- corrections were made. ner. (4) Copies of any log required to be (1) Inspections and calibrations of the filed with any application; or placed in transmission system, required mon- the station’s local public inspection itors, metering and control systems; file as part of an application; or filed and any necessary repairs or adjust- with reports to the FCC must be repro- ments where indicated. (See § 73.1580.) duced in fullsize form when complying (2) Periodic AM field monitoring with these requirements. point measurements, equipment per- [45 FR 41151, June 18, 1980, as amended at 46 formance measurements, or other tests FR 13907, Feb. 24, 1981; 46 FR 18557, Mar. 25, as specified in the rules or terms of the 1981; 49 FR 33663, Aug. 24, 1984] station license. (3) Review of the station records at § 73.1870 Chief operators. least once each week to determine if (a) The licensee of each AM, FM, TV required entries are being made cor- or Class A TV broadcast station must rectly. Additionally, verification must designate a person to serve as the sta- be made that the station has been oper- tion’s chief operator. At times when ated as required by the rules or the sta- the chief operator is unavailable or un- tion authorization. Upon completion of able to act (e.g., vacations, sickness), the review, the chief operator or his the licensee shall designate another designee must date and sign the log, person as the acting chief operator on initiate any corrective action which a temporary basis. may be necessary, and advise the sta- (b) Chief operators shall be employed tion licensee of any condition which is or serve on the following basis: repetitive. (1) The chief operator for an AM sta- (4) Any entries which may be re- tion using a directional antenna or op- quired in the station records. (See erating with greater than 10 kW au- § 73.1820.) thorized power, or of a TV station is to [46 FR 35463, July 8, 1981, as amended at 47 be an employee of the station on duty FR 31580, July 21, 1982; 48 FR 38482, Aug. 24, for whatever number of hours each 1983; 48 FR 44806, Sept. 30, 1983; 49 FR 20670, week the station licensee determines is May 16, 1984; 49 FR 50048, Dec. 26, 1984; 50 FR necessary to keep the station’s tech- 32416, Aug. 12, 1985; 60 FR 55482, Nov. 1, 1995; nical operation in compliance with 65 FR 30006, May 10, 2000; 84 FR 2758, Feb. 8, FCC rules and the terms of the station 2019] authorization. (2) Chief operators for non-direc- § 73.1940 Legally qualified candidates tional AM stations operating with au- for public office. thorized powers not exceeding 10 kW (a) A legally qualified candidate for and FM stations may be either an em- public office is any person who: ployee of the station or engaged to (1) Has publicly announced his or her serve on a contract basis for whatever intention to run for nomination or of- number of hours each week the licensee fice; determines is necessary to keep the (2) Is qualified under the applicable station’s technical operation in com- local, State or Federal law to hold the pliance with the FCC rules and terms office for which he or she is a can- of the station authorization. didate; and (3) The designation of the chief oper- (3) Has met the qualifications set ator must be in writing. Agreements forth in either paragraph (b), (c), (d), or with chief operators serving on a con- (e) of this section. tract basis must be in writing with a (b) A person seeking election to any copy kept in the station files. public office including that of Presi- (c) The chief operator is responsible dent or Vice President of the United for completion of the following duties States, or nomination for any public specified in this paragraph below. When office except that of President or Vice these duties are delegated to other per- President, by means of a primary, gen- sons, the chief operator shall maintain eral or special election, shall be consid- supervisory oversight sufficient to ered a legally qualified candidate if, in know that each requirement has been addition to meeting the criteria set

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forth in paragraph (a) of this section, (1) He or she, or proposed delegates that person: on his or her behalf, have qualified for (1) Has qualified for a place on the the primary or Presidential preference ballot; or ballot in that State, territory or the (2) Has publicly committed himself District of Columbia; or or herself to seeking election by the (2) He or she has made a substantial write-in method and is eligible under showing of a bona fide candidacy for applicable law to be voted for by stick- such nomination in that State, terri- er, by writing in his or her name on the tory or the District of Columbia; ex- ballot or by other method, and makes a cept, that any such person meeting the substantial showing that he or she is a requirements set forth in paragraphs bona fide candidate for nomination or (a)(1) and (2) of this section in at least office. 10 States (or 9 and the District of Co- (c) A person seeking election to the lumbia) shall be considered a legally office of President or Vice President of qualified candidate for nomination in the United States shall, for the pur- all States, territories and the District poses of the Communications Act and of Columbia for purposes of this Act. 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 substantial showing that he or she is a bona [57 FR 27708, June 22, 1992] fide candidate for such nomination: Ex- § 73.1941 Equal opportunities. cept, that no person shall be considered a legally qualified candidate for nomi- (a) General requirements. Except as nation by the means set forth in this otherwise indicated in § 73.1944, no sta- paragraph prior to 90 days before the tion licensee is required to permit the beginning of the convention, caucus or use of its facilities by any legally similar procedure in which he or she qualified candidate for public office, seeks nomination. but if any licensee shall permit any (e) A person seeking nomination for such candidate to use its facilities, it the office of President or Vice Presi- shall afford equal opportunities to all dent of the United States shall, for the other candidates for that office to use purposes of the Communications Act such facilities. Such licensee shall have and the rules thereunder, be considered no power of censorship over the mate- a legally qualified candidate only in rial broadcast by any such candidate. those States or territories (or the Dis- Appearance by a legally qualified can- trict of Columbia) in which, in addition didate on any: to meeting the requirements set forth (1) Bona fide newscast; in paragraph (a) of this section: (2) Bona fide news interview;

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(3) Bona fide news documentary (if § 73.1942 Candidate rates. the appearance of the candidate is inci- (a) Charges for use of stations. The dental to the presentation of the sub- charges, if any, made for the use of any ject or subjects covered by the news broadcasting station by any person documentary); or who is a legally qualified candidate for (4) On-the-spot coverage of bona fide any public office in connection with his news events (including, but not limited or her campaign for nomination for to political conventions and activities election, or election, to such office incidental thereto) shall not be deemed shall not exceed: to be use of broadcasting station. (sec- (1) During the 45 days preceding the tion 315(a) of the Communications date of a primary or primary runoff Act.) election and during the 60 days pre- (b) Uses. As used in this section and ceding the date of a general or special § 73.1942, the term ‘‘use’’ means a can- election in which such person is a candidate appearance (including by voice didate, the lowest unit charge of the or picture) that is not exempt under station for the same class and amount paragraphs 73.1941 (a)(1) through (a)(4) of time for the same period. of this section. (i) A candidate shall be charged no (c) Timing of request. A request for more per unit than the station charges equal opportunities must be submitted its most favored commercial adver- to the licensee within 1 week of the day tisers for the same classes and amounts on which the first prior use giving rise of time for the same periods. Any sta- to the right of equal opportunities oc- tion practices offered to commercial curred: Provided, however, That where advertisers that enhance the value of the person was not a candidate at the advertising spots must be disclosed and time of such first prior use, he or she made available to candidates on equal shall submit his or her request within terms. Such practices include but are 1 week of the first subsequent use after not limited to any discount privileges he or she has become a legally quali- that affect the value of advertising, fied candidate for the office in ques- such as bonus spots, time-sensitive tion. make goods, preemption priorities, or (d) Burden of proof. A candidate re- any other factors that enhance the questing equal opportunities of the li- value of the announcement. censee or complaining of noncompli- (ii) The Commission recognizes non- ance to the Commission shall have the premptible, preemptible with notice, burden of proving that he or she and immediately preemptible and run-of- his or her opponent are legally quali- schedule as distinct classes of time. fied candidates for the same public of- (iii) Stations may establish and de- fice. 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 licensee 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 licensee anteed time-sensitive make goods. Sta- make any contract or other agreement tions 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 broadcast to the be fully disclosed and made available exclusion of other legally qualified to candidates. candidates for the same public office. (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

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such classes, fully disclose them and dising incentives in lowest unit charge make available to candidates. calculations; provided, however, that (v) Stations may treat non- all such incentives must be offered to preemptible and fixed position as dis- candidates as part of any purchases tinct classes of time provided that sta- permitted by the licensee. Bonus spots, tions articulate clearly the differences however, must be included in the cal- between such classes, fully disclose culation of the lowest unit charge cal- them, and make them available to can- culation. didates. (xii) Makes goods, defined as the re- (vi) Stations shall not establish a scheduling of preempted advertising, separate, premium-period class of time shall be provided to candidates prior to sold only to candidates. Stations may election day if a station has provided a sell higher-priced non-preemptible or time-sensitive make good during the fixed time to candidates if such a class year preceding the pre-election periods, of time is made available on a bona fide perspectively set forth in paragraph basis to both candidates and commer- (a)(1) of this section, to any commercial advertisers, and provided such cial advertiser who purchased time in class is not functionally equivalent to the same class. 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 low- commercial advertisers, including the est unit charge calculation for the lowest unit charges for each class and same class and length of time in the length of time in the same time period, same time period. A candidate cannot and all corresponding discount privi- be required to purchase advertising in leges, available upon equal terms to all every program or daypart in a package candidates. This duty includes an af- as a condition for obtaining package firmative duty to disclose to can- unit rates. didates information about rates, terms (xi) Stations are not required to in- conditions and all value-enhancing dis- clude non-cash promotional merchan- count privileges offered to commercial

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advertisers. Stations may use reason- (b) When free time is provided for use able discretion in making the disclo- by or on behalf of candidates, a record sure; provided, however, that the dis- of the free time provided shall be closure includes, at a minimum, the placed in the political file. following information: (c) All records required by this para- (1) A description and definition of graph shall be placed in the online po- each class of time available to com- litical file as soon as possible and shall mercial advertisers sufficiently com- be retained for a period of two years. plete to allow candidates to identify As soon as possible means immediately and understand what specific at- absent unusual circumstances. tributes differentiate each class; (2) A description of the lowest unit [57 FR 210, Jan. 3, 1992, as amended at 77 FR charge and related privileges (such as 27655, May 11, 2012; 81 FR 10123, Feb. 29, 2016; 85 FR 21078, Apr. 16, 2020] priorities against preemption and make goods prior to specific deadlines) § 73.1944 Reasonable access. for each class of time offered to commercial advertisers; (a) Section 312(a)(7) of the Commu- (3) A description of the station’s nications Act provides that the Com- method of selling preemptible time mission may revoke any station license based upon advertiser demand, com- or construction permit for willful or re- monly known as the ‘‘current selling peated failure to allow reasonable ac- level,’’ with the stipulation that can- cess to, or to permit purchase of, rea- didates will be able to purchase at sonable amounts of time for the use of these demand-generated rates in the a broadcasting station by a legally same manner as commercial adver- qualified candidate for Federal elective tisers; office on behalf of his candidacy. (4) An approximation of the likeli- (b) Weekend access. For purposes of hood of preemption for each kind of providing reasonable access, a licensee preemptible time; and shall make its facilities available for (5) An explanation of the station’s use by federal candidates on the week- sales practices, if any, that are based end before the election if the licensee on audience delivery, with the stipula- has provided similar access to commer- tion that candidates will be able to cial advertisers during the year pre- purchase this kind of time, if available ceding the relevant election period. Li- to commercial advertisers. censees shall not discriminate between (c) Once disclosure is made, stations candidates with regard to weekend ac- shall negotiate in good faith to actu- cess. ally sell time to candidates in accord- [57 FR 210, Jan. 3, 1992] ance with the disclosure. (d) This rule (§ 73.1942) shall not apply § 73.2080 Equal employment opportu- to any station licensed for non-com- nities (EEO). mercial operation. (a) General EEO policy. Equal oppor- [57 FR 209, Jan. 3, 1992, as amended at 57 FR tunity in employment shall be afforded 27709, June 22, 1992] by all licensees or permittees of commercially or noncommercially oper- § 73.1943 Political file. ated AM, FM, TV, Class A TV or inter- (a) Every licensee shall keep and per- national broadcast stations (as defined mit public inspection of a complete and in this part) to all qualified persons, orderly record (political file) of all re- and no person shall be discriminated quests for broadcast time made by or against in employment by such sta- on behalf of a candidate for public of- tions because of race, color, religion, fice, together with an appropriate no- national origin, or sex. Religious radio tation showing the disposition made by broadcasters may establish religious the licensee of such requests, and the belief or affiliation as a job qualifica- charges made, if any, if the request is tion for all station employees. How- granted. The ‘‘disposition’’ includes the ever, they cannot discriminate on the schedule of time purchased, when spots basis of race, color, national origin or actually aired, the rates charged, and gender from among those who share the classes of time purchased. their religious affiliation or belief. For

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purposes of this rule, a religious broad- tions, but will be expected to make rea- caster is a licensee which is, or is close- sonable, good faith efforts to recruit ly affiliated with, a church, synagogue, applicants who are qualified based on or other religious entity, including a their religious affiliation. Nothing in subsidiary of such an entity. this section shall be interpreted to re- (b) General EEO program requirements. quire a broadcaster to grant pref- Each broadcast station shall establish, erential treatment to any individual or maintain, and carry out a positive con- group based on race, color, national or- tinuing program of specific practices igin, religion, or gender. designed to ensure equal opportunity (i) A station employment unit shall and nondiscrimination in every aspect use recruitment sources for each va- of station employment policy and prac- cancy sufficient in its reasonable, good tice. Under the terms of its program, a station shall: faith judgment to widely disseminate (1) Define the responsibility of each information concerning the vacancy. level of management to ensure vig- (ii) In addition to such recruitment orous enforcement of its policy of equal sources, a station employment unit opportunity, and establish a procedure shall provide notification of each full- to review and control managerial and time vacancy to any organization that supervisory performance; distributes information about employ- (2) Inform its employees and recog- ment opportunities to job seekers or nized employee organizations of the refers job seekers to employers, upon equal employment opportunity policy request by such organization. To be en- and program and enlist their coopera- titled to notice of vacancies, the re- tion; questing organization must provide the (3) Communicate its equal employ- station employment unit with its ment opportunity policy and program name, mailing address, e-mail address and its employment needs to sources of (if applicable), telephone number, and qualified applicants without regard to contact person, and identify the cat- race, color, religion, national origin, or egory or categories of vacancies of sex, and solicit their recruitment as- which it requests notice. (An organiza- sistance on a continuing basis; tion may request notice of all vacan- (4) Conduct a continuing program to cies). exclude all unlawful forms of prejudice (2) Engage in at least four (if the sta- or discrimination based upon race, color, religion, national origin, or sex tion employment unit has more than from its personnel policies and prac- ten full-time employees and is not lo- tices and working conditions; and cated in a smaller market) or two (if it (5) Conduct a continuing review of has five to ten full-time employees and/ job structure and employment prac- or is located entirely in a smaller mar- tices and adopt positive recruitment, ket) of the following initiatives during job design, and other measures needed each two-year period beginning with to ensure genuine equality of oppor- the date stations in the station em- tunity to participate fully in all orga- ployment unit are required to file re- nizational units, occupations, and lev- newal applications, or the second, els of responsibility. fourth or sixth anniversaries of that (c) Specific EEO program requirements. date. Under the terms of its program, a sta- (i) Participation in at least four job tion employment unit must: fairs by station personnel who have (1) Recruit for every full-time job va- substantial responsibility in the mak- cancy in its operation. A job filled by ing of hiring decisions; an internal promotion is not consid- (ii) Hosting of at least one job fair; ered a vacancy for which recruitment (iii) Co-sponsoring at least one job is necessary. Religious radio broad- fair with organizations in the business casters who establish religious affiliation as a qualification for a job posi- and professional community whose tion are not required to comply with membership includes substantial par- these recruitment requirements with ticipation of women and minorities; respect to that job position or posi-

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(iv) Participation in at least four (xvi) Participation in other activities events sponsored by organizations rep- designed by the station employment resenting groups present in the com- unit reasonably calculated to further munity interested in broadcast em- the goal of disseminating information ployment issues, including conven- as to employment opportunities in tions, career days, workshops, and broadcasting to job candidates who similar activities; might otherwise be unaware of such op- (v) Establishment of an internship portunities. program designed to assist members of (3) Analyze its recruitment program the community to acquire skills need- on an ongoing basis to ensure that it is ed for broadcast employment; effective in achieving broad outreach (vi) Participation in job banks, Inter- to potential applicants, and address net programs, and other programs de- any problems found as a result of its signed to promote outreach generally analysis. (i.e., that are not primarily directed to (4) Periodically analyze measures providing notification of specific job taken to: vacancies); (i) Disseminate the station’s equal (vii) Participation in scholarship pro- employment opportunity program to grams designed to assist students in- job applicants and employees; terested in pursuing a career in broad- (ii) Review seniority practices to en- casting; sure that such practices are non- (viii) Establishment of training pro- discriminatory; grams designed to enable station per- (iii) Examine rates of pay and fringe sonnel to acquire skills that could benefits for employees having the same qualify them for higher level positions; duties, and eliminate any inequities based upon race, national origin, color, (ix) Establishment of a mentoring religion, or sex discrimination; program for station personnel; (iv) Utilize media for recruitment (x) Participation in at least four purposes in a manner that will contain events or programs sponsored by edu- no indication, either explicit or im- cational institutions relating to career plicit, of a preference for one race, na- opportunities in broadcasting; tional origin, color, religion or sex over (xi) Sponsorship of at least two another; events in the community designed to (v) Ensure that promotions to posi- inform and educate members of the tions of greater responsibility are made public as to employment opportunities in a nondiscriminatory manner; in broadcasting; (vi) Where union agreements exist, (xii) Listing of each upper-level cat- cooperate with the union or unions in egory opening in a job bank or news- the development of programs to ensure letter of media trade groups whose all persons of equal opportunity for membership includes substantial par- employment, irrespective of race, na- ticipation of women and minorities; tional origin, color, religion, or sex, (xiii) Provision of assistance to unaf- and include an effective nondiscrimina- filiated non-profit entities in the main- tion clause in new or renegotiated tenance of web sites that provide coun- union agreements; and seling on the process of searching for (vii) Avoid the use of selection tech- broadcast employment and/or other ca- niques or tests that have the effect of reer development assistance pertinent discriminating against any person to broadcasting; based on race, national origin, color, (xiv) Provision of training to man- religion, or sex. agement level personnel as to methods (5) Retain records to document that of ensuring equal employment oppor- it has satisfied the requirements of tunity and preventing discrimination; paragraphs (c)(1) and (2) of this section. (xv) Provision of training to per- Such records, which may be main- sonnel of unaffiliated non-profit orga- tained in an electronic format, shall be nizations interested in broadcast em- retained until after grant of the re- ployment opportunities that would en- newal application for the term during able them to better refer job can- which the vacancy was filled or the ini- didates for broadcast positions; tiative occurred. Such records need not

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be submitted to the FCC unless specifi- (iii) The recruitment source that re- cally requested. The following records ferred the hiree for each full-time va- shall be maintained: cancy during the preceding year; (i) Listings of all full-time job vacan- (iv) Data reflecting the total number cies filled by the station employment of persons interviewed for full-time va- unit, identified by job title; cancies during the preceding year and (ii) For each such vacancy, the re- the total number of interviewees recruitment sources utilized to fill the ferred by each recruitment source uti- vacancy (including, if applicable, orga- lized in connection with such vacan- nizations entitled to notification pur- cies; and suant to paragraph (c)(1)(ii) of this sec- (v) A list and brief description of ini- tion, which should be separately identi- tiatives undertaken pursuant to para- fied), identified by name, address, con- graph (c)(2) of this section during the tact person and telephone number; preceding year. (iii) Dated copies of all advertise- (d) Small station exemption. The provi- ments, bulletins, letters, faxes, e- sions of paragraphs (b) and (c) of this mails, or other communications an- section shall not apply to station em- nouncing vacancies; ployment units that have fewer than (iv) Documentation necessary to five full-time employees. demonstrate performance of the initia- (e) Definitions. For the purposes of tives required by paragraph (c)(2) of this rule: this section, including sufficient infor- (1) A full-time employee is a permanent mation to fully disclose the nature of employee whose regular work schedule the initiative and the scope of the sta- is 30 hours per week or more. tion’s participation, including the sta- (2) A station employment unit is a station personnel involved; tion or a group of commonly owned (v) The total number of interviewees stations in the same market that share for each vacancy and the referral at least one employee. source for each interviewee; and (3) A smaller market includes metro- (vi) The date each vacancy was filled politan areas as defined by the Office of and the recruitment source that referred the hiree. Management and Budget with a population of fewer than 250,000 persons and (6) Annually, on the anniversary of areas outside of all metropolitan areas the date a station is due to file its reas defined by the Office of Management newal application, the station shall place in its public file, maintained pur- and Budget. suant to § 73.3526 or § 73.3527, and on its (f) Enforcement. The following provi- web site, if it has one, an EEO public sions apply to employment activity file report containing the following in- concerning full-time positions at each formation (although if any broadcast broadcast station employment unit licensee acquires a station pursuant to (defined in this part) employing five or FCC Form 314 or FCC Form 315 during more persons in full-time positions, ex- the twelve months covered by the EEO cept where noted. public file report, its EEO public file (1) All broadcast stations, including report shall cover the period starting those that are part of an employment with the date it acquired the station): unit with fewer than five full-time em- (i) A list of all full-time vacancies ployees, shall file a Broadcast Equal filled by the station’s employment unit Employment Opportunity Program Re- during the preceding year, identified by port (Form 396) with their renewal ap- job title; plication. Form 396 is filed on the date (ii) For each such vacancy, the re- the station is due to file its application cruitment source(s) utilized to fill the for renewal of license. If a broadcast li- vacancy (including, if applicable, orga- censee acquires a station pursuant to nizations entitled to notification pur- FCC Form 314 or FCC Form 315 during suant to paragraph (c)(1)(ii) of this sec- the period that is to form the basis for tion, which should be separately identi- the Form 396, information provided on fied), identified by name, address, con- its Form 396 should cover the licensee’s tact person and telephone number; EEO recruitment activity during the

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period starting with the date it ac- 397, and EEO public file reports. To de- quired the station. Stations are re- termine compliance with the EEO rule, quired to maintain a copy of their the Commission may conduct inquiries Form 396 in the station’s public file in of licensees at random or if it has evi- accordance with the provisions of dence of a possible violation of the §§ 73.3526 and 73.3527. EEO rule. In addition, the Commission (2) The Commission will conduct a will conduct random audits. Specifi- mid-term review of the employment cally, each year approximately five practices of each broadcast television percent of all licensees in the tele- station that is part of an employment vision and radio services will be ran- unit of five or more full-time employ- domly selected for audit, ensuring ees and each radio station that is part that, even though the number of radio of an employment unit of eleven or licensees is significantly larger than more full-time employees, four years television licensees, both services are following the station’s most recent li- represented in the audit process. Upon cense expiration date as specified in request, stations shall make records § 73.1020. If a broadcast licensee ac- available to the Commission for its requires a station pursuant to FCC Form view. 314 or FCC Form 315 during the period (5) The public may file complaints that is to form the basis for the mid- throughout the license term based on a term review, that review will cover the station’s Form 397 or the contents of a licensee’s EEO recruitment activity station’s public file. Provisions con- during the period starting with the cerning filing, withdrawing, or non-fil- date it acquired the station. ing of informal objections or petitions (3) If a station is subject to a time to deny license renewal, assignment, or brokerage agreement, the licensee transfer applications are delineated in shall file Forms 396, Forms 397, and §§ 73.3584 and 73.3587–3589 of the Com- EEO public file reports concerning only mission’s rules. its own recruitment activity. If a li- (g) Sanctions and remedies. The Com- censee is a broker of another station or mission may issue appropriate sanc- stations, the licensee-broker shall in- tions and remedies for any violation of clude its recruitment activity for the this rule. brokered station(s) in determining the [68 FR 689, Jan. 7, 2003, as amended at 84 FR bases of Forms 396, Forms 397 and the 21723, May 15, 2019] EEO public file reports for its own station. If a licensee-broker owns more § 73.2090 Ban on discrimination in than one station, it shall include its rebroadcast transactions. cruitment activity for the brokered No qualified person or entity shall be station in the Forms 396, Forms 397, discriminated against on the basis of and EEO public file reports filed for its race, color, religion, national origin or own station that is most closely affili- sex in the sale of commercially operated with, and in the same market as, ated AM, FM, TV, Class A TV or inter- the brokered station. If a licensee- national broadcast stations (as defined broker does not own a station in the in this part). same market as the brokered station, then it shall include its recruitment [73 FR 28369, May 16, 2008] activity for the brokered station in the § 73.3500 Application and report forms. Forms 396, Forms 397, and EEO public file reports filed for its own station (a) Following are the FCC broadcast that is geographically closest to the application and report forms, listed by brokered station. number. (4) Broadcast stations subject to this Form num- section shall maintain records of their ber Title recruitment activity necessary to dem- 175 ...... Application to Participate in an FCC Auction onstrate that they are in compliance 301 ...... Application for Authority to Construct or Make with the EEO rule. Stations shall en- Changes in a Commercial Broadcast Station. sure that they maintain records suffi- 301–A ...... Application for Authority to Operate a Broadcast Station by Remote Control or to Make cient to verify the accuracy of infor- Changes in a Remote Control Authorization. mation provided in Forms 396, Forms 302–AM ... Application for AM Broadcast Station License.

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Form num- EDITORIAL NOTE: For FEDERAL REGISTER ci- ber Title tations affecting § 73.3500, see the List of CFR Sections Affected, which appears in the 302–CA .... Application for Class A Television Broadcasting Finding Aids section of the printed volume Station Construction Permit or License. 302–FM .... Application for FM Broadcast Station License. and at www.govinfo.gov. 302–TV .... Application for Television Broadcast Station Li- cense. § 73.3511 Applications required. 303–S Application for Renewal of License for AM, FM, TV, Translator, or LPTV Station. (a) Formal application means any re- 307 ...... Application for Extension of Broadcast Con- quest for authorization where an FCC struction Permit or to Replace Expired Con- form for such request is prescribed. The struction Permit. prescription of an FCC form includes 308 ...... Application for Permit to Deliver Programs to Foreign Broadcast Stations. the requirement that the proper edi- 309 ...... Application for Authority to Construct or Make tion of the form is used. Formal appli- Changes in an International or Experimental cations on obsolete forms are subject Broadcast Station. 310 ...... Application for an International or Experimental to the provisions of § 73.3564 concerning Broadcast Station License. acceptance of applications and § 73.3566 311 ...... Application for Renewal of an International or concerning defective applications. Experimental Broadcast Station License. (b) Informal application1 means all 314 ...... Application for Consent to Assignment of Broad- cast Station Construction Permit or License. other written requests for authoriza- 315 ...... Application for Consent to Transfer of Control of tion. All such applications should con- Corporation Holding Broadcast Station Con- tain a caption clearly indicating the struction Permit or License. 316 ...... Application for Consent to Assignment of Broad- nature of the request submitted there- cast Station Construction Permit or License or in. Transfer of Control of Corporation Holding (c) Formal and informal applications Broadcast Station Construction Permit or Li- must comply with the requirements as cense. 323 ...... Ownership Report. to signing specified herein and in 323–E ...... Ownership Report for Noncommercial Edu- § 73.3513. cational Broadcast Station. 340 ...... Application for Authority to Construct or Make [44 FR 38486, July 2, 1979, as amended at 47 Changes in a Noncommercial Educational FR 40172, Sept. 13, 1982] Broadcast Station. 345 ...... Application for Consent to Assignment of a TV § 73.3512 Where to file; number of cop- or FM Translator Station Construction Permit or License. ies. 346 ...... Application for Authority to Construct or Make All applications for authorizations Changes in a Low Power TV, TV Translator or TV Booster Station. required by § 73.3511 shall be filed at the 347 ...... Application for a Low Power TV, TV Translator FCC in Washington, DC (Applications or TV Booster Station License. requiring fees as set forth at part 1, 349 ...... Application for Authority to Construct or Make subpart G of this chapter must be filed Changes in an FM Translator or FM Booster Station. in accordance with § 0.401(b) of the 350 ...... Application for an FM Translator or FM Booster rules.) The number of copies required Station License. for each application is set forth in the 395–B ...... Annual Employment Report and instructions. 396 ...... Broadcast Equal Employment Opportunity Pro- FCC Form which is to be used in filing gram Report. such application. 396–A ...... Broadcast Equal Employment Opportunity Model Program Report. [52 FR 10231, Mar. 31, 1987] 398 ...... Children’s Television Programming Report. 601 ...... FCC Application for Wireless Telecommuni- § 73.3513 Signing of applications. cations Bureau Radio Service Authorization. 603 ...... FCC Wireless Telecommunications Bureau Ap- (a) Applications, amendments there- plication for Assignments of Authorization and to, and related statements of fact re- Transfers of Control. quired by the FCC must be signed by the following persons: (b) Following are the FCC broadcast (1) Individual Applicant. The appli- application and report forms, listed by cant, if the applicant is an individual. number, that must be filed electroni- (2) Partnership. One of the partners, if cally in accordance with the filing in- the applicant is a partnership. structions set forth in the application (3) Corporation. An officer, if the ap- and report form. plicant is a corporation. (1) Form 398, in electronic form as of (4) Unincorporated Association. A January 10, 1999. member who is an officer, if the appli- [44 FR 38486, July 2, 1979] cant is an unincorporated association.

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(5) Governmental Entity. Such duly as to make it more definite and cer- elected or appointed officials as may be tain. competent to do so under the law of [44 FR 38487, July 2, 1979] the applicable jurisdiction, if the applicant is an eligible governmental enti- § 73.3516 Specification of facilities. ty, such as a State or Territory of the (a) An application for facilities in the United States and political subdivi- AM, FM, TV or Class A TV broadcast sions thereof, the District of Columbia, services, or low power TV service shall and a unit of local government, includ- be limited to one frequency, or chan- ing an unincorporated municipality. nel, and no application will be accepted (b) Applications, amendments therefor filing if it requests an alternate fre- to, and related statements of fact re- quency or channel. Applications speci- quired by the FCC may be signed by fying split frequency AM operations the applicant’s attorney in case of the using one frequency during daytime applicant’s physical disability or of his hours complemented by a different fre- absence from the United States. The quency during nighttime hours will not attorney shall in that event separately be accepted for filing. set forth the reason why the applica- (b) An application for facilities in the tion is not signed by the applicant. In experimental and auxiliary broadcast addition, if any matter is stated on the services may request the assignment of basis of the attorney’s belief only more than one frequency if consistent (rather than his knowledge), he shall with applicable rules in Part 74. Such separately set forth his reasons for be- applications must specify the fre- lieving that such statements are true. quency or frequencies requested and (c) Facsimile signatures are accept- may not request alternate frequencies. able. Only the original of applications, (c) An application for a construction amendments, or related statements of permit for a new broadcast station, the fact, need be signed; copies may be con- facilities for which are specified in an formed. outstanding construction permit or li- (d) Applications, amendments, and cense, will not be accepted for filing. related statements of fact need not be (d) An application for facilities in the submitted under oath. Willful false International broadcast service may be statements made therein however, will filed without a request for specific fre- be considered a violation of § 73.1015, quency, as the FCC will assign fre- are also punishable by fine and impris- quencies from time to time in accord- onment, U.S. Code, Title 18, section ance with §§ 73.702 and 73.711. 1001, and by appropriate adminstrative (e) An application for construction sanctions including revocation of sta- permit for a new broadcast station or tion license pursuant to section for modification of construction permit 312(a)(i) of the Communications Act. or license of a previously authorized broadcast station will not be accepted [44 FR 38487, July 2, 1979, as amended at 51 for filing if it is mutually exclusive FR 3069, Jan. 23, 1986; 64 FR 56978, Oct. 22, with an application for renewal of li- 1999] cense of an existing broadcast station unless the application for renewal of li- § 73.3514 Content of applications. cense 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

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§ 73.3539, the deadline for filing peti- name, but fees in such cases also not tions to deny thereto is the 90th day refundable. after the FCC gives public notice that (b) Whenever the FCC determines it has accepted the late-filed renewal that processing of any application filed application for filing. In the case of a pursuant to paragraph (a) of this sec- renewal application filed on or before tion, would be contrary to sound ad- May 1, 1995, if the license renewal ap- ministrative practice or would impose plication is not timely filed as pre- an unwarranted burden on its staff and scribed in § 73.3539, the deadline for fil- resources, the FCC may defer proc- ing applications mutually exclusive essing of such application until the as- therewith is the 90th day after the FCC signment or transfer has been granted gives public notice that it has accepted and consummated. the late-filed renewal application for (c) Upon payment of the filing fees filing. prescribed in § 1.1111 of this chapter, (2) If any deadline falls on a nonbusi- the Commission will accept two or ness day, the cutoff shall be the close more applications filed by existing AM of business of the first full business day licensees for modification of facilities thereafter. that are contingent upon granting of (3) The dates when the licenses of all both, if granting such contingent appli- broadcast and broadcast auxiliary serv- cations will reduce interference to one ices regularly expire are listed in or more AM stations or will otherwise §§ 73.733, 73.1020 and 74.15. increase the area of interference-free service. The applications must state [44 FR 38487, July 2, 1979, as amended at 47 FR 21494, May 18, 1982; 49 FR 47843, Dec. 7, that they are filed pursuant to an in- 1984; 51 FR 44071, Dec. 8, 1986; 56 FR 64873, terference reduction arrangement and Dec. 12, 1991; 61 FR 18291, Apr. 25, 1996; 65 FR must cross-reference all other contin- 30006, May 10, 2000] gent applications. (d) Modified proposals curing con- § 73.3517 Contingent applications. flicts between mutually exclusive clus- Contingent applications for new sta- ters of applications filed in accordance tions and for changes in facilities of ex- with paragraphs (c) of this section will isting stations are not acceptable for be accepted for 60 days following filing. Contingent applications will be issuance of a public notice identifying accepted for filing under circumstances such conflicts. described below: (e) The Commission will accept up to (a) Upon filing of an application for four contingently related applications the assignment of a license or con- filed by FM licensees and/or permittees struction permit, or for a transfer of for minor modification of facilities. control of a licensee or permittee, the Two applications are related if the proposed assignee or transferee may, grant of one is necessary to permit the upon payment of the processing fee grant of the second application. Each prescribed in Subpart G, Part 1 of this application must state that it is filed chapter, file applications in its own as part of a related group of applica- name for authorization to make tions to make changes in facilities, changes in the facilities to be assigned must cross-reference each of the re- or transferred contingent upon ap- lated applications, and must include a proval and consummation of the as- copy of the agreement to undertake signment or transfer. Any application the coordinated facility modifications. filed pursuant to this paragraph must All applications must be filed on the be accompanied by a written statement same date. Any coordinated facility from the existing licensee which spe- modification filing that proposes the cifically grants permission to the as- cancellation of a community’s sole signee or permittee to file such appli- noncommercial educational FM station cation. The processing fee will not be license also must include a public in- refundable should the assignment or terest justification. Dismissal of any transfer not be approved. The existing one of the related applications as unac- licensee or permittee may also file a ceptable will result in the dismissal of contingent application in its own all the related applications.

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NOTE 1: No application to move to a fre- to serve the same community may be quency in the 1605–1705 kHz band may be part filed by the same applicant, or suc- of any package of contingent applications cessor or assignee, or on behalf of, or associated with a voluntary agreement. for the benefit of the original parties in NOTE 2: In cases where no modified proposal is filed pursuant to paragraph (d) of interest. Multiple applications may not this section, the Commission will grant the be filed simultaneously. application resulting in the greatest net in- [44 FR 38488, July 2, 1979] terference reduction. [44 FR 38487, July 2, 1979, as amended at 45 § 73.3521 Mutually exclusive applica- FR 41152, June 18, 1980; 52 FR 5294, Feb. 20, tions for low power television, tele- 1987; 53 FR 36787, Sept. 22, 1988; 56 FR 64873, vision translators and television Dec. 12, 1991; 64 FR 19501, Apr. 21, 1999] booster stations. When there is a pending application § 73.3518 Inconsistent or conflicting applications. for a new low power television, television translator, or television booster While an application is pending and station, or for major changes in an ex- undecided, no subsequent inconsistent isting station, no other application or conflicting application may be filed which would be directly mutually ex- by or on behalf of or for the benefit of clusive with the pending application the same applicant, successor or as- may be filed by the same applicant or signee. by any applicant in which any indi- [44 FR 38487, July 2, 1979] vidual in common with the pending application has any interest, direct or in- § 73.3519 Repetitious applications. direct, except that interests or less (a) Where the FCC has denied an ap- than 1% will not be considered. plication for a new station or for any [52 FR 31400, Aug. 20, 1987] modification of services or facilities, or dismissed such application with preju- § 73.3522 Amendment of applications. dice, no like application involving (a) Broadcast services subject to com- service of the same kind for substan- petitive bidding. (1) Applicants in all tially the same area by substantially broadcast services subject to competi- the same applicant, or his successor or tive bidding will be subject to the pro- assignee, or on behalf or for the benefit visions of §§ 73.5002 and 1.2105(b) regard- of the original parties in interest, may ing the modification of their short- be filed within 12 months from the ef- form applications. fective date of the FCC’s action. How- (2) Subject to the provision of ever, applicants whose applications § 73.5005, if it is determined that a long have been denied in a comparative form application submitted by a win- 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.

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(3) Subject to the provisions of cation. All amendments filed in accord- §§ 73.3571, 73.3572 and 73.3573, defi- ance with this paragraph must be ciencies, omissions or inconsistencies minor and must claim the same num- in long-form applications may not be ber of qualitative points as originally cured by major amendment. The filing claimed, or more points than claimed of major amendments to long-form ap- by the applicant with the next highest plications is not permitted. An applica- point total. tion will be considered to be newly (3) A Public Notice will identify all filed if it is amended by a major other reserved channel applications, amendment. such as non-mutually exclusive appli- (4) Paragraph (a) of this section is cations and the sole remaining applica- not applicable to applications for tion after a settlement among mutu- minor modifications of facilities in the ally exclusive applications. If any such non-reserved FM broadcast service, nor application is determined unacceptable to any application for a reserved band the application will be returned and FM station. the applicant will be provided one op- (b) Reserved Channel FM and reserved portunity for curative amendment by noncommercial educational television sta- filing a petition for reconsideration re- tions. Applications may be amended questing reinstatement of the applica- after Public Notice announcing a pe- tion. All amendments filed in accord- riod for filing amendments. Amend- ance with this paragraph must be ments, when applicable, are subject to minor. the provisions of §§ 73.3514, 73.3525, (c) Minor modifications of facilities 73.3572, 73.3573, 73.3580, and § 1.65 of this in the non-reserved FM broadcast serv- chapter. Unauthorized or untimely ice. amendments are subject to return by (1) Subject to the provisions of the FCC’s staff without consideration. §§ 73.3525, 73.3573, and 73.3580, for a pe- Amendments will be accepted as de- riod of 30 days following the FCC’s scribed below and otherwise will only issuance of a Public Notice announcing be considered upon a showing of good the tender of an application for minor cause for late filing or pursuant to modification of a non-reserved band § 1.65 of this chapter or § 73.3514: FM station, (other than Class D sta- (1) A § 73.7002 Selectee. A Public No- tions), minor amendments may be filed tice will announce that the application as a matter of right. of a § 73.7002 Selectee (selected based on (2) For applications received on or fair distribution) has been found ac- after August 7, 1992, an applicant whose ceptable for filing. If any Selectee’s ap- application is found to meet minimum plication is determined unacceptable filing requirements, but nevertheless is the application will be returned and not complete and acceptable, shall the Selectee will be provided one op- have the opportunity during the period portunity for curative amendment by specified in the FCC staff’s deficiency filing a petition for reconsideration re- letter to correct all deficiencies in the questing reinstatement of the applica- tenderability and acceptability of the tion. All amendments filed in accord- underlying application, including any ance with this paragraph must be deficiency not specifically identified by minor and must not alter the § 73.7002 the staff. [For minimum filing require- preference. ments see § 73.3564(a). Examples of ten- (2) A § 73.7003 Tentative Selectee. A der defects appear at 50 FR 19936 at Public Notice will announce that the 19945–46 (May 13, 1985), reprinted as Ap- application of a § 73.7003 Tentative Se- pendix D, Report and Order, MM Dock- lectee (selected through a point sys- et No. 91–347, 7 FCC Rcd 5074, 5083–88 tem) has been found acceptable for fil- (1992). For examples of acceptance de- ing. If any Tentative Selectee’s appli- fects, see 49 FR 47331.] Prior to the end cation is determined unacceptable the of the period specified in the deficiency application will be returned and the letter, a submission seeking to correct Tentative Selectee will be provided one a tender and/or acceptance defect in an opportunity for curative amendment application meeting minimum filing by filing a petition for reconsideration requirements will be treated as an requesting reinstatement of the appli- amendment for good cause if it would

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successfully and directly correct the approval of the dismissal or withdrawal defect. Other amendments submitted of its application, a copy of any writ- prior to grant will be considered only ten agreement related to the dismissal upon a showing of good cause for late or withdrawal of its application, and an filing or pursuant to § 1.65 or § 73.3514. affidavit setting forth: (3) Unauthorized or untimely amend- (1) A certification that neither the ments are subject to return by the applicant nor its principals has re- Commission without consideration. ceived or will receive any money or However, an amendment to a non-re- other consideration in exchange for served band application will not be ac- dismissing or withdrawing its applica- cepted if the effect of such amendment tion; is to alter the proposed facility’s cov- (2) A statement that its application erage area so as to produce a conflict was not filed for the purpose of reach- with an applicant who files subsequent to the initial applicant but prior to the ing or carrying out an agreement with amendment application. Similarly, an any other applicant regarding the dis- applicant subject to ‘‘first come/first missal or withdrawal of its application; serve’’ processing will not be permitted and to amend its application and retain fil- (3) The terms of any oral agreement ing priority if the result of such relating to the dismissal or withdrawal amendment is to alter the facility’s of its application. coverage area so as to produce a con- In addition, within 5 days of the appli- flict with an applicant which files sub- cant’s request for approval, each re- sequent to the initial applicant but maining competing applicant and the prior to the amendment. renewal applicant must submit an affi- NOTE 1 TO § 73.3522: When two or more davit setting forth: broadcast applications are tendered for filing (4) A certification that neither the which are mutually exclusive with each applicant nor its principals has paid or other but not in conflict with any previously will pay any money or other consider- filed applications which have been accepted ation in exchange for the dismissal or for filing, the FCC, where appropriate, will announce acceptance of the earliest tendered withdrawal of the application; and application and place the later filed applica- (5) The terms of any oral agreement tion or applications on a subsequent public relating to the dismissal or withdrawal notice of acceptance for filing in order to es- of the application. tablish a deadline for the filing of amend- (c) If a competing applicant seeks to ments as a matter of right for all applicants dismiss or withdraw its application in the group. after the Initial Decision stage of the [63 FR 48623, Sept. 11, 1998, as amended at 65 hearing on its application, it must sub- FR 36378, June 8, 2000] mit to the Commission a request for § 73.3523 Dismissal of applications in approval of the dismissal or withdrawal renewal proceedings. of its application, a copy of the any written agreement related to the dis- (a) An applicant for construction per- missal or withdrawal, and an affidavit mit, that has filed an application that setting forth: is mutually exclusive with an application for renewal of a license of an AM, (1) A certification that neither the FM or television station (hereinafter applicant nor its principals has re- competing applicant’’) filed on or be- ceived or will receive any money or fore May 1, 1995, and seeks to dismiss other consideration in excess of the le- or withdraw its application and there- gitimate and prudent expenses of the by remove a conflict between applica- applicant; tions pending before the Commission, (2) The exact nature and amount of must obtain the approval of the Com- any consideration paid or promised; mission. (3) An itemized accounting of the ex- (b) If a competing applicant seeks to penses for which it seeks reimburse- dismiss or withdraw its application ment; prior to the Initial Decision stage of (4) A statement that its application the hearing on its application, it must was not filed for the purpose of reach- submit to the Commission a request for ing or carrying out an agreement with

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any other applicant regarding the dis- into an agreement to procure the re- missal or withdrawal of its application; moval of a conflict between applica- and tions pending before the FCC by with- (5) The terms of any oral agreement drawal or amendment of an application relating to the dismissal or withdrawal or by its dismissal pursuant to § 73.3568, of its application. all parties thereto shall, within 5 days In addition, within 5 days of the appli- after entering into the agreement, file cant’s request for approval, each re- with the FCC a joint request for ap- maining party to any written or oral proval of such agreement. The joint re- agreement must submit an affidavit quest shall be accompanied by a copy setting forth: of the agreement, including any ancil- (6) A certification that neither the lary agreements, and an affidavit of applicant nor its principals has paid or each party to the agreement setting will pay money or other consideration forth: in excess of the legitimate and prudent (1) The reasons why it is considered expenses of the withdrawing applicant that such agreement is in the public in- in exchange for the dismissal or with- terest; drawal of the application; and (2) A statement that its application (7) The terms of any oral agreement was not filed for the purpose of reach- relating the dismissal or withdrawal of ing or carrying out such agreement; the application. (3) A certification that neither the (d) For the purpose of this section: applicant nor its principals has re- (1) Affidavits filed pursuant to this ceived any money or other consider- section shall be executed by the appli- ation in excess of the legitimate and cant, permittee or licensee, if an indi- prudent expenses of the applicant; Pro- vidual; a partner having personal vided That this provision shall not knowledge of the facts, if a partner- apply to bona fide merger agreements; ship; or an officer having personal (4) The exact nature and amount of knowledge of the facts, if a corporation any consideration paid or promised; or association. (5) An itemized accounting of the ex- (2) An application shall be deemed to penses for which it seeks reimburse- be pending before the Commission from ment; and the time an application is filed with (6) The terms of any oral agreement Commission until an order of the Com- relating to the dismissal or withdrawal mission granting or denying the appli- of its application. cation is no longer subject to reconsid- (b) Whenever two or more conflicting eration by the Commission or to review applications for construction permits by any court. for broadcast stations pending before (3) ‘‘Legitimate and prudent ex- the FCC involve a determination of penses’’ are those expenses reasonably fair, efficient and equitable distribu- incurred by an applicant in preparing, tion of service pursuant to section filing, and prosecuting its application. 307(b) of the Communications Act, and (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

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shall order that further opportunity be the FCC’s rules, or filed, in any event, afforded for other persons to apply for within 30 days from the last date of the facilities specified in the applica- publication of the notice (notwith- tion or applications to be withdrawn standing any provisions normally re- before acting upon the pending request quiring earlier filing of a competing for approval of the agreement. application), will be entitled to com- (2) Upon release of such order, any parative consideration with other party proposing to withdraw its appli- pending mutually exclusive affidavits. cation shall cause to be published a no- (5) Within 7 days of the last day of tice of such proposed withdrawal at publication of the notice, the applicant least twice a week for 2 consecutive proposing to withdraw shall file a weeks within the 3-week period imme- statement in triplicate with the FCC diately following release of the FCC’s giving the dates on which the notice order, in a daily newspaper of general was published, the text of the notice circulation published in the commu- and the name and location of the news- nity in which it was proposed to locate paper in which the notice was pub- the station. However, if there is no lished. such daily newspaper published in the (6) Where the FCC orders that further community, the notice shall be pub- opportunity be afforded for other per- lished as follows: sons to apply for the facilities sought (i) If one or more weekly newspapers to be withdrawn, no application of any of general circulation are published in party to the agreement will be acted the community in which the station upon by the FCC less than 30 days from was proposed to be located, notice shall the last day of publication of the no- be published in such a weekly news- tice specified in paragraph (b)(2) of this paper once a week for 3 consecutive section. Any applications for a broad- weeks within the 4-week period imme- cast station on the same frequency in diately following the release of the the same community, with substan- FCC’s order. tially the same engineering character- (ii) If no weekly newspaper of general istics and proposing to serve substan- circulation is published in the commu- tially the same service area as the ap- nity in which the station was proposed plication sought to be withdrawn, filed to be located, notice shall be published within the 30-day period following the at least twice a week for 2 consecutive last date of publication of the notice weeks within the 3-week period imme- (notwithstanding any provisions nor- diately following the release of the mally requiring earlier filing of a com- FCC’s order in the daily newspaper peting application), or otherwise time- having the greatest general circulation ly filed, will be entitled to comparative in the community in which the station consideration with other pending mu- was proposed to be located. tually exclusive applications. If the ap- (3) The notice shall state the name of plication of any party to which the new the applicant; the location, frequency application may be in conflict has been 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 (c), shall take place. or a request for dismissal pursuant to (4) Such notice shall additionally in- § 73.3568 (b)(1) and (c), which would re- clude a statement that new applica- move a conflict with another pending tions for a broadcast station on the application; or a petition for leave to same frequency, in the same commu- amend pursuant to § 73.3522(b)(2) which nity, with substantially the same engi- would permit a grant of the amended neering characteristics and proposing application or an application pre- to serve substantially the same service viously in conflict with the amended area as the application sought to be application; or a request for dismissal withdrawn, timely filed pursuant to pursuant to § 73.3568(b)(2), shall file

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with it an affidavit as to whether or order of the FCC granting or denying it not consideration (including an agree- is no longer subject to reconsideration ment for merger of interests) has been by the FCC or to review by any court. promised to or received by such appli- (i) For purposes of this section, ‘‘le- cant, directly or indirectly, in connec- gitimate and prudent expenses’’ are tion with the amendment, petition or those expenses reasonably incurred by request. an applicant in preparing, filing, pros- (d) Upon the filing of a petition for ecuting, and settling its application for leave to amend or to dismiss an appli- which reimbursement is being sought. cation for broadcast facilities which (j) For purposes of this section, has been designated for hearing or ‘‘other consideration’’ consists of fi- upon the dismissal of such application nancial concessions, including, but not on the FCC’s own motion pursuant to limited to the transfer of assets or the § 73.3568, each applicant or party re- provision of tangible pecuniary benefit, maining in hearing, as to whom a con- as well as non-financial concessions flict would be removed by the amend- that confer any type of benefit on the ment or dismissal shall submit for in- recipient. clusion in the record of that proceeding (k) For purposes of this section, an an affidavit stating whether or not he ‘‘ancillary agreement’’ means any has directly or indirectly paid or prom- agreement relating to the dismissal of ised consideration (including an agree- an application or settling of a pro- ment for merger of interests) in con- ceeding, including any agreement on nection with the removal of such con- the part of an applicant or principal of flict. an applicant to render consulting serv- (e) Where an affidavit filed pursuant ices to another party or principal of to paragraph (c) of this section states another party in the poroceeding. that consideration has been paid or (l) The prohibition of collusion as set promised, the affidavit shall set forth forth in §§ 1.2105(c) and 73.5002 of this in full all relevant facts, including, but section, which becomes effective upon not limited to, the material listed in the filing of short-form applications, paragraph (a) of this section for inclu- shall apply to all broadcast services sions in affidavits. subject to competitive bidding. (f) Affidavits filed pursuant to this NOTE: Although § 74.780 of the Rules makes section shall be executed by the appli- this section generally applicable to low cant, permittee or licensee, if an indi- power TV, TV translators, and TV booster vidual; a partner having personal stations, paragraph (b) of this section shall knowledge of the facts, if a partner- not be applicable to such stations. ship; or an officer having personal [56 FR 28097, June 19, 1991, as amended at 63 knowledge of the facts, if a corporation FR 48624, Sept. 11, 1998] or association. (g) Requests and affidavits which re- § 73.3526 Online public inspection file late to an application which has not of commercial stations. been designated for hearing shall bear (a) Responsibility to maintain a file. the file number of such application. If The following shall maintain for public the affiant is also an applicant, the af- inspection a file containing the mate- fidavit shall also bear the file number rial set forth in this section. of affiant’s pending application(s). Re- (1) Applicants for a construction per- quests and affidavits which relate to an mit for a new station in the commer- application which is designated for cial broadcast services shall maintain hearing shall bear the file number of a public inspection file containing the that application and the hearing dock- material, relating to that station, de- et number and will be acted on by the scribed in paragraphs (e)(2) and (e)(10) presiding officer. of this section. A separate file shall be (h) For the purposes of this section maintained for each station for which an application shall be deemed to be an application is pending. If the appli- ‘‘pending’’ before the FCC and a party cation is granted, paragraph (a)(2) of shall be considered to have the status this section shall apply. of an ‘‘applicant’’ from the time an ap- (2) Every permittee or licensee of an plication is filed with the FCC until an AM, FM, TV or Class A TV station in

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the commercial broadcast services lic and Broadcasting’’; Letters of In- shall maintain a public inspection file quiry and other investigative informa- containing the material, relating to tion requests from the Commission, un- that station, described in paragraphs less otherwise directed by the inquiry (e)(1) through (e)(10) and paragraph itself; Children’s television program- (e)(13) of this section. In addition, ming reports; and DTV transition edu- every permittee or licensee of a com- cation reports. In the event that the mercial TV or Class A TV station shall online public file does not reflect such maintain for public inspection a file required information, the licensee will containing material, relating to that be responsible for posting such mate- station, described in paragraphs (e)(11) rial. and (e)(15) of this section, and every (c) Access to material in the file. For permittee or licensee of a commercial any applicant described in paragraph AM or FM station shall maintain for (b)(1) of this section that does not in- public inspection a file containing the clude all material described in para- material, relating to that station, de- graph (e) of this section in the online scribed in paragraphs (e)(12) and (e)(14) public file hosted by the Commission, of this section. A separate file shall be the portion of the file that is not in- maintained for each station for which cluded in the online public file shall be an authorization is outstanding, and available for public inspection at any the file shall be maintained so long as time during regular business hours at an authorization to operate the station an accessible place in the community is outstanding. of license. The applicant must provide (b) Location of the file. The public in- information regarding the location of spection file shall be located as follows: the file, or the applicable portion of (1) An applicant for a new station or the file, within one business day of a change of community shall maintain request for such information. All or its file at an accessible place in the part of the file may be maintained in a proposed community of license. computer database, as long as a com- (2)(i) A television or radio station li- puter terminal is made available, at censee or applicant shall place the con- the location of the file, to members of tents required by paragraph (e) of this the public who wish to review the file. section of its public inspection file in Material in the public inspection file the online public file hosted by the shall be made available for printing or Commission. machine reproduction upon request (ii) A station must provide a link to made in person. The applicant may the public inspection file hosted on the specify the location for printing or re- Commission’s website from the home production, require the requesting page of its own website, if the station party to pay the reasonable cost there- has a website, and provide contact in- of, and may require guarantee of pay- formation on its website for a station ment in advance (e.g., by requiring a representative that can assist any per- deposit, obtaining credit card informa- son with disabilities with issues related tion, or any other reasonable method). to the content of the public files. A sta- Requests for copies shall be fulfilled tion also is required to include in the within a reasonable period of time, online public file the station’s address which generally should not exceed 7 and telephone number, and the email days. address of the station’s designated con- (d) Responsibility in case of assignment tact for questions about the public file. or transfer. (1) In cases involving appli- (3) The Commission will automati- cations for consent to assignment of cally link the following items to the broadcast station construction permits electronic version of all licensee and or licenses, with respect to which pub- applicant public inspection files, to the lic notice is required to be given under extent that the Commission has these the provisions of § 73.3580 or § 73.3594, items electronically: authorizations, the file mentioned in paragraph (a) of applications, contour maps; ownership this section shall be maintained by the reports and related materials; portions assignor. If the assignment is con- of the Equal Employment Opportunity sented to by the FCC and con- file held by the Commission; ‘‘The Pub- summated, the assignee shall maintain

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the file commencing with the date on term of the agreement, including any which notice of the consummation of renewal or extension thereof. the assignment is filed with the FCC. (ii) For purposes of this section, a The assignee shall retain public file citizen agreement is a written agree- documents obtained from the assignor ment between a broadcast applicant, for the period required under these permittee, or licensee, and one or more rules. citizens or citizen groups, entered for (2) In cases involving applications for primarily noncommercial purposes. consent to transfer of control of a per- This definition includes those agree- mittee or licensee of a broadcast sta- ments that deal with goals or proposed tion, the file mentioned in paragraph practices directly or indirectly affect- (a) of this section shall be maintained ing station operations in the public in- by the permittee or licensee. terest, in areas such as—but not lim- (e) Contents of the file. The material ited to—programming and employ- to be retained in the public inspection ment. It excludes common commercial file is as follows: agreements such as advertising con- (1) Authorization. A copy of the cur- tracts; union, employment, and per- rent FCC authorization to construct or sonal services contracts; network af- operate the station, as well as any filiation, syndication, program supply other documents necessary to reflect contracts, etc. However, the mere in- clusion of commercial terms in a pri- any modifications thereto or any con- marily noncommercial agreement— ditions that the FCC has placed on the such as a provision for payment of fees authorization. These materials shall be for future services of the citizen-par- retained until replaced by a new au- ties (see ‘‘Report and Order,’’ Docket thorization, at which time a copy of 19518, 57 FCC 2d 494 (1976))—would not the new authorization and any related cause the agreement to be considered materials shall be placed in the file. commercial for purposes of this sec- (2) Applications and related materials. tion. A copy of any application tendered for (4) Contour maps. A copy of any serv- filing with the FCC, together with all ice contour maps, submitted with any related material, and copies of Initial application tendered for filing with the Decisions and Final Decisions in hear- FCC, together with any other informa- ing cases pertaining thereto. If petition in the application showing service tions to deny are filed against the ap- contours and/or transmitter location plication and have been served on the (State, county, city, street address, or applicant, a statement that such a pe- other identifying information). These tition has been filed shall be main- documents shall be retained for as long tained in the file together with the as they reflect current, accurate infor- name and address of the party filing mation regarding the station. the petition. Applications shall be re- (5) Ownership reports and related mate- tained in the public inspection file rials. A copy of the most recent, com- until final action has been taken on plete ownership report filed with the the application, except that applica- FCC for the station, together with any tions for a new construction permit statements filed with the FCC certi- granted pursuant to a waiver showing fying that the current report is accu- and applications for assignment or rate, and together with all related ma- transfer of license granted pursuant to terial. These materials shall be re- a waiver showing shall be retained for tained until a new, complete ownership as long as the waiver is in effect. In ad- report is filed with the FCC, at which dition, license renewal applications time a copy of the new report and any granted on a short-term basis shall be related materials shall be placed in the retained until final action has been file. The permittee or licensee must re- taken on the license renewal applica- tain in the public file either a copy of tion filed immediately following the the station documents listed in shortened license term. § 73.3613(a) through (c) or an up-to-date (3)(i) Citizen agreements. A copy of list of such documents. If the permittee every written citizen agreement. These or licensee elects to maintain an up-to- agreements shall be retained for the date list of such documents, the list

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must include all the information that programs that have provided the sta- the permittee or licensee is required to tion’s most significant treatment of provide on ownership reports for each community issues during the preceding document, including, but not limited three month period. The list for each to, a description of the document, the calendar quarter is to be filed by the parties to the document, the month tenth day of the succeeding calendar and year of execution, the month and quarter (e.g., January 10 for the quar- year of expiration, and the document ter October—December, April 10 for the type (e.g., network affiliation agree- quarter January—March, etc.) The list ment, articles of incorporation, bylaws, shall include a brief narrative describ- management consultant agreement ing what issues were given significant with independent contractor). Regard- treatment and the programming that less of which of these two options the provided this treatment. The descrip- permittee or licensee chooses, it must update the inventory of § 73.3613 docu- tion of the programs shall include, but ments in the public file to reflect shall not be limited to, the time, date, newly executed § 73.3613 documents, duration, and title of each program in amendments, supplements, and can- which the issue was treated. The lists cellations within 30 days of execution described in this paragraph shall be re- thereof. Licensees and permittees that tained in the public inspection file choose to retain a list of § 73.3613 docu- until final action has been taken on ments must provide a copy of any the station’s next license renewal ap- § 73.3613 document(s) to requesting par- plication. ties within 7 days. In maintaining cop- (ii) Records concerning commercial lim- ies of such documents in the public file its. For commercial TV and Class A TV or providing copies upon request, con- broadcast stations, records sufficient fidential or proprietary information to permit substantiation of the sta- may be redacted where appropriate. tion’s certification, in its license re- (6) Political file. Such records as are newal application, of compliance with required by § 73.1943 to be kept con- the commercial limits on children’s cerning broadcasts by candidates for programming established in 47 U.S.C. public office. These records shall be re- 303a and § 73.670. The records for each tained for the period specified in calendar year must be filed by the thir- § 73.1943 (2 years). tieth day of the succeeding calendar (7) Equal Employment Opportunity file. year. These records shall be retained Such information as is required by until final action has been taken on § 73.2080 to be kept in the public inspection file. These materials shall be re- the station’s next license renewal ap- tained until final action has been plication. taken on the station’s next license re- (iii) Children’s television programming newal application. reports. For commercial TV broadcast (8) The public and broadcasting. At all stations on an annual basis, a com- times, a copy of the most recent pleted Children’s Television Program- version of the manual entitled ‘‘The ming Report (‘‘Report’’), on FCC Form Public and Broadcasting.’’ 2100 Schedule H, reflecting efforts (9) [Reserved] made by the licensee during the pre- (10) Material relating to FCC investiga- ceding year to serve the educational tion or complaint. Material having a and informational needs of children. substantial bearing on a matter which The Report is to be electronically filed is the subject of an FCC investigation with the Commission by the thirtieth or complaint to the FCC of which the (30) day of the succeeding calendar applicant, permittee, or licensee has year. A copy of the Report will also be been advised. This material shall be re- linked to the station’s online public in- tained until the applicant, permittee, spection file by the FCC. The Report or licensee is notified in writing that shall identify the licensee’s edu- the material may be discarded. cational and informational program- (11)(i) TV issues/programs lists. For ming efforts, including programs aired commercial TV and Class A broadcast stations, every three months a list of

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by the station that are specifically de- agreement or contract involving time signed to serve the educational and in- brokerage of the licensee’s station or of formational needs of children. The Re- another station by the licensee, wheth- port shall include the name of the indi- er the agreement involves stations in vidual at the station responsible for the same markets or in differing mar- collecting comments on the station’s kets, with confidential or proprietary compliance with the Children’s Tele- information redacted where appro- vision Act, and it shall be separated priate. These agreements shall be from other materials in the public in- placed in the public file within 30 days spection file. These Reports shall be re- of execution and retained in the file as tained in the public inspection file long as the contract or agreement is in until final action has been taken on force. the station’s next license renewal ap- (15) Must-carry or retransmission con- plication. sent election. Statements of a commer- (12) Radio issues/programs lists. For cial television or Class A television commercial AM and FM broadcast stations, every three months a list of pro- station’s election with respect to ei- grams that have provided the station’s ther must-carry or re-transmission most significant treatment of commu- consent, as defined in §§ 76.64 and 76.1608 nity issues during the preceding three of this chapter. These records shall be month period. The list for each cal- retained for the duration of the three endar quarter is to be filed by the year election period to which the state- tenth day of the succeeding calendar ment applies. Commercial television quarter (e.g., January 10 for the quar- stations shall, no later than July 31, ter October—December, April 10 for the 2020, provide an up-to-date email ad- quarter January—March, etc.). The list dress and phone number for carriage- shall include a brief narrative describ- related questions and respond as soon ing what issues were given significant as is reasonably possible to messages treatment and the programming that or calls from multichannel video pro- provided this treatment. The descrip- gramming distributors (MVPDs). Each tion of the programs shall include, but commercial television station is re- shall not be limited to, the time, date, sponsible for the continuing accuracy duration, and title of each program in and completeness of the information which the issue was treated. The lists furnished. described in this paragraph shall be re- (16) Radio and television joint sales tained in the public inspection file agreements. For commercial radio and until final action has been taken on commercial television stations, a copy the station’s next license renewal ap- of agreement for the joint sale of ad- plication. vertising time involving the station, (13) Local public notice announcements. whether the agreement involves sta- Each applicant for renewal of license tions in the same markets or in dif- shall, within 7 days of the last day of fering markets, with confidential or broadcast of the local public notice of proprietary information redacted filing announcements required pursu- where appropriate. These agreements ant to § 73.3580(h), place in the station’s shall be placed in the public file within local public inspection file a statement certifying compliance with this re- 30 days of execution and retained in the quirement. The dates and times that file as long as the contract or agree- the pre-filing and post-filing notices ment is in force. were broadcast and the text thereof (17) Class A TV continuing eligibility. shall be made part of the certifying Documentation sufficient to dem- statement. The certifying statement onstrate that the Class A television shall be retained in the public file for station is continuing to meet the eligi- the period specified in § 73.3580 (for as bility requirements set forth at long as the application to which it re- § 73.6001. fers). (18) Shared service agreements. For (14) Radio and television time brokerage commercial television stations, a copy agreements. For commercial radio and of every Shared Service Agreement for television stations, a copy of every the station (with the substance of oral

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agreements reported in writing), re- chapter are open for public inspection gardless of whether the agreement in- at the offices of the FCC. volves commercial television stations [63 FR 49497, Sept. 16, 1998, as amended at 63 in the same market or in different mar- FR 70049, Dec. 18, 1998; 64 FR 35947, July 2, kets, with confidential or proprietary 1999; 64 FR 50645, Sept. 17, 1999; 65 FR 7457, information redacted where appro- Feb. 15, 2000; 65 FR 30006, May 10, 2000; 65 FR priate. For purposes of this paragraph, 53614, Sept. 5, 2000; 65 FR 67288, Nov. 9, 2000; a Shared Service Agreement is any 70 FR 38, Jan. 3, 2005; 73 FR 15450, Mar. 24, agreement or series of agreements in 2008; 73 FR 36283, June 26, 2008; 76 FR 71269, Nov. 17, 2011; 77 FR 27655, May 11, 2012; 81 FR which: 10123, Feb. 29, 2016; 81 FR 76262, Nov. 1, 2016; (1) A station provides any station-re- 82 FR 11412, Feb. 23, 2017; 82 FR 57882, Dec. 8, lated services, including, but not lim- 2017; 82 FR 59987, Dec. 18, 2017; 83 FR 5544, ited to, administrative, technical, Feb. 8, 2018; 83 FR 65557, Dec 21, 2018; 84 FR sales, and/or programming support, to 41935, Aug. 16, 2019; 84 FR 45668, Aug. 30, 2019; a station that is not directly or indi- 85 FR 21078, Apr. 16, 2020] rectly under common de jure control § 73.3527 Online public inspection file permitted under the Commission’s reg- of noncommercial educational sta- ulations; or tions. (2) Stations that are not directly or (a) Responsibility to maintain a file. indirectly under common de jure con- The following shall maintain for public trol permitted under the Commission’s inspection a file containing the mate- regulations collaborate to provide or rial set forth in this section. enable the provision of station-related (1) Applicants for a construction per- services, including, but not limited to, mit for a new station in the non- administrative, technical, sales, and/or commercial educational broadcast programming support, to one or more services shall maintain a public inspec- of the collaborating stations. For pur- tion file containing the material, relat- poses of this paragraph, the term ‘‘sta- ing to that station, described in para- tion’’ includes the licensee, including graph (e)(2) and (e)(11) of this section. any subsidiaries and affiliates, and any A separate file shall be maintained for other individual or entity with an at- each station for which an application is tributable interest in the station. pending. If the application is granted, (f)(1) For purposes of this section, ac- paragraph (a)(2) of this section shall tion taken on an application tendered apply. with the FCC becomes final when that (2) Every permittee or licensee of an action is no longer subject to reconsid- AM, FM, or TV station in the non- eration, review, or appeal either at the commercial educational broadcast FCC or in the courts. services shall maintain a public inspec- (2) For purposes of this section, the tion file containing the material, relat- term ‘‘all related material’’ includes ing to that station, described in para- all exhibits, letters, and other docu- graphs (e)(1) through (e)(11) of this sec- ments tendered for filing with the FCC tion. In addition, every permittee or li- as part of an application, report, or censee of a noncommercial educational other document, all amendments to the TV station shall maintain for public application, report, or other document, inspection a file containing material, copies of all documents incorporated relating to that station, described in therein by reference and not already paragraphs (e)(12) of this section. A separate file shall be maintained for maintained in the public inspection each station for which an authoriza- file, and all correspondence between tion is outstanding, and the file shall the FCC and the applicant pertaining be maintained so long as an authoriza- to the application, report, or other doc- tion to operate the station is out- ument, which according to the provi- standing. sions of §§ 0.451 through 0.461 of this (b) Location of the file. The public inspection file shall be located as follows: (1) An applicant for a new station or change of community shall maintain

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its file at an accessible place in the made in person. The applicant may proposed community of license. specify the location for printing or re- (2)(i) A noncommercial educational production, require the requesting television or radio station licensee or party to pay the reasonable cost there- applicant shall place the contents re- of, and may require guarantee of pay- quired by paragraph (e) of this section ment in advance (e.g., by requiring a of its public inspection file in the on- deposit, obtaining credit card informa- line public file hosted by the Commis- tion, or any other reasonable method). sion. Requests for copies shall be fulfilled (ii) A station must provide a link to within a reasonable period of time, the online public inspection file hosted which generally should not exceed 7 by the Commission from the home page days. of its own website, if the station has a (d) Responsibility in case of assignment website, and provide contact informa- or transfer. (1) In cases involving appli- tion for a station representative on its cations for consent to assignment of website that can assist any person with broadcast station construction permits disabilities with issues related to the or licenses, with respect to which pub- content of the public files. A station lic notice is required to be given under also is required to include in the online the provisions of § 73.3580 or § 73.3594, public file hosted by the Commission the file mentioned in paragraph (a) of the station’s address and telephone this section shall be maintained by the number, and the email address of the assignor. If the assignment is con- station’s designated contact for ques- sented to by the FCC and con- tions about the public file. summated, the assignee shall maintain (3) The Commission will automati- the file commencing with the date on cally link the following items to the which notice of the consummation of electronic version of all licensee and the assignment is filed with the FCC. applicant public inspection files, to the The assignee shall retain public file extent that the Commission has these documents obtained from the assignor items electronically: Authorizations; for the period required under these applications; contour maps; ownership rules. reports and related materials; portions (2) In cases involving applications for of the Equal Employment Opportunity consent to transfer of control of a per- file held by the Commission; and ‘‘The mittee or licensee of a broadcast sta- Public and Broadcasting’’. tion, the file mentioned in paragraph (c) Access to material in the file. For (a) of this section shall be maintained any applicant described in paragraph by the permittee or licensee. (b)(1) of this section that does not in- (e) Contents of the file. The material clude all material described in para- to be retained in the public inspection graph (e) of this section in the online file is as follows: public file hosted by the Commission, (1) Authorization. A copy of the cur- the portion of the file that is not in- rent FCC authorization to construct or cluded in the online public file shall be operate the station, as well as any available for public inspection at any other documents necessary to reflect time during regular business hours at any modifications thereto or any con- an accessible place in the community ditions that the FCC has placed on the of license. The applicant must provide authorization. These materials shall be information regarding the location of retained until replaced by a new au- the file, or the applicable portion of thorization, at which time a copy of the file, within one business day of a the new authorization and any related request for such information. All or materials shall be placed in the file. part of the file may be maintained in a (2) Applications and related materials. computer database, as long as a com- A copy of any application tendered for puter terminal is made available, at filing with the FCC, together with all the location of the file, to members of related material, including supporting the public who wish to review the file. documentation of any points claimed Material in the public inspection file in the application pursuant to § 73.7003, shall be made available for printing or and copies of FCC decisions pertaining machine reproduction upon request thereto. If petitions to deny are filed

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against the application and have been the document type (e.g., network affili- served on the applicant, a statement ation agreement, articles of incorpora- that such a petition has been filed shall tion, bylaws, management consultant be maintained in the file together with agreement with independent con- the name and address of the party fil- tractor). Regardless of which of these ing the petition. Applications shall be two options the permittee or licensee retained in the public inspection file chooses, it must update the inventory until final action has been taken on of § 73.3613 documents in the public file the application, except that applica- to reflect newly executed § 73.3613 docu- tions for a new construction permit ments, amendments, supplements, and granted pursuant to a waiver showing cancellations within 30 days of execu- and applications for assignment or tion thereof. Licensees and permittees transfer of license granted pursuant to that choose to maintain a list of a waiver showing shall be retained for § 73.3613 documents must provide a copy as long as the waiver is in effect. In ad- of any § 73.3613 document(s) to request- dition, license renewal applications ing parties within 7 days. In maintain- granted on a short-term basis shall be ing copies of such documents in the retained until final action has been public file or providing copies upon re- taken on the license renewal applica- quest, confidential or proprietary in- tion filed immediately following the formation may be redacted where ap- shortened license term. propriate. (3) Contour maps. A copy of any serv- (5) Political file. Such records as are ice contour maps, submitted with any required by § 73.1943 to be kept con- application tendered for filing with the cerning broadcasts by candidates for FCC, together with any other informa- public office. These records shall be re- tion in the application showing service tained for the period specified in contours and/or transmitter location § 73.1943 (2 years). (State, county, city, street address, or (6) Equal Employment Opportunity file. other identifying information). These Such information as is required by documents shall be retained for as long § 73.2080 to be kept in the public inspec- as they reflect current, accurate infor- tion file. These materials shall be re- mation regarding the station. tained until final action has been (4) Ownership reports and related mate- taken on the station’s next license re- rials. A copy of the most recent, com- newal application. plete ownership report filed with the (7) The Public and Broadcasting. At all FCC for the station, together with any times, a copy of the most recent subsequent statement filed with the version of the manual entitled ‘‘The FCC certifying that the current report Public and Broadcasting.’’ is accurate, and together with all re- (8) Issues/Programs lists. For non- lated material. These materials shall exempt noncommercial educational be retained until a new, complete own- broadcast stations, every three months ership report is filed with the FCC, at a list of programs that have provided which time a copy of the new report the station’s most significant treat- and any related materials shall be ment of community issues during the placed in the file. The permittee or li- preceding three month period. The list censee must retain in the public file ei- for each calendar quarter is to be filed ther a copy of the station documents by the tenth day of the succeeding cal- listed in § 73.3613(a) through (c) or an endar quarter (e.g., January 10 for the up-to-date list of such documents. If quarter October–December, April 10 for the permittee or licensee elects to the quarter January–March, etc.). The maintain an up-to-date list of such doc- list shall include a brief narrative de- uments, the list must include all the scribing what issues were given signifi- information that the permittee or li- cant treatment and the programming censee is required to provide on owner- that provided this treatment. The de- ship reports for each document, includ- scription of the programs shall include, ing, but not limited to, a description of but shall not be limited to, the time, the document, the parties to the docu- date, duration, and title of each pro- ment, the month and year of execution, gram in which the issue was treated. the month and year of expiration, and The lists described in this paragraph

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shall be retained in the public inspec- rupt regular programming to conduct tion file until final action has been fundraising activities on behalf of a taken on the station’s next license re- third-party non-profit organization newal application. pursuant to § 73.503(e) (FM stations) or (9) Donor lists. The lists of donors sup- § 73.621(f) (television stations), every porting specific programs. These lists three months, the following informa- shall be retained for two years from tion for each third-party fundraising the date of the broadcast of the specific program or activity: The date, time, program supported. and duration of the fundraiser; the (10) Local public notice announcements. type of fundraising activity; the name Each applicant for renewal of license of the non-profit organization bene- shall, within 7 days of the last day of fitted by the fundraiser; a brief descrip- broadcast of the local public notice of tion of the specific cause or project, if filing announcements required pursu- any, supported by the fundraiser; and, ant to § 73.3580(h), place in the station’s to the extent that the station partici- local public inspection file a statement pated in tallying or receiving any funds certifying compliance with this re- for the non-profit group, an approxima- quirement. The dates and times that tion of the total funds raised. The in- the pre-filing and post-filing notices formation for each calendar quarter is were broadcast and the text thereof to be filed by the tenth day of the suc- shall be made part of the certifying ceeding calendar quarter (e.g., January statement. The certifying statement 10 for the quarter October–December, shall be retained in the public file for April 10 for the quarter January– the period specified in § 73.3580 (for as March, etc.). long as the application to which it re- (f)(1) For purposes of this section, a fers). decision made with respect to an appli- (11) Material relating to FCC investiga- cation tendered with the FCC becomes tion or complaint. Material having a final when that decision is no longer substantial bearing on a matter which subject to reconsideration, review, or is the subject of an FCC investigation appeal either at the FCC or in the or complaint to the FCC of which the courts. applicant, permittee, or licensee has (2) For purposes of this section, the been advised. This material shall be re- term ‘‘all related material’’ includes tained until the applicant, permittee, all exhibits, letters, and other docu- or licensee is notified in writing that ments tendered for filing with the FCC the material may be discarded. as part of an application, report, or (12) Must-carry requests. Noncommer- cial television stations shall, no later other document, all amendments to the than July 31, 2020, provide an up-to- application, report, or other document, date email address and phone number copies of all documents incorporated for carriage-related questions and re- therein by reference and not already spond as soon as is reasonably possible maintained in the public inspection to messages or calls from multichannel file, and all correspondence between video programming distributors the FCC and the applicant pertaining (MVPDs). Each noncommercial tele- to the application, report, or other doc- vision station is responsible for the ument, which according to the provi- continuing accuracy and completeness sions of §§ 0.451 through 0.461 of this of the information furnished. Any such chapter are open for public inspection station requesting mandatory carriage at the offices of the FCC. pursuant to part 76 of this chapter [63 FR 49499, Sept. 16, 1998, as amended at 64 shall place a copy of such request in its FR 35947, July 2, 1999; 65 FR 7457, Feb. 15, public file and shall retain both the re- 2000; 65 FR 36378, June 8, 2000; 65 FR 53614, quest and relevant correspondence for Sept. 5, 2000; 73 FR 15450, Mar. 24, 2008; 73 FR the duration of any period to which the 36283, June 26, 2008; 76 FR 71269, Nov. 17, 2011; request applies. 77 FR 27656, May 11, 2012; 81 FR 10123, Feb. 29, 2016; 82 FR 21136, May 5, 2017; 82 FR 57883, (13) [Reserved] Dec. 8, 2017; 82 FR 59987, Dec. 18, 2017; 83 FR (14) Information on Third-Party Fund- 5545, Feb. 8, 2018; 83 FR 65558, Dec. 21, 2018; 84 raising. For noncommercial edu- FR 45668, Aug. 30, 2019; 85 FR 21078, Apr. 16, cational broadcast stations that inter- 2020]

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§ 73.3533 Application for construction istration and clearance of the antenna 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; 65 FR 7648, Feb. 15, 2000; 68 FR 12761, Mar. 17, 2003; an existing facility is to be made on 69 FR 72043, Dec. 10, 2004] the following forms: (1) FCC Form 301, ‘‘Application for § 73.3534 [Reserved] Authority to Construct or Make Changes in an Existing Commercial § 73.3536 Application for license to cover construction permit. Broadcast Station.’’ (2) FCC Form 309, ‘‘Application for (a) The application for station li- Authority to Construct or Make cense shall be filed by the permittee pursuant to the requirements of Changes in an Existing International § 73.1620 Program tests. or Experimental Broadcast Stations.’’ (b) The following application forms (3) [Reserved] shall be used: (4) FCC Form 340, ‘‘Application for (1)(i) Form 302–AM for AM stations, Authority to Construct or Make ‘‘Application for New AM Station Changes in a Noncommercial Edu- Broadcast License.’’ cational Broadcast Station.’’ (ii) Form 302–FM for FM stations, (5) FCC Form 346, ‘‘Application for ‘‘Application for FM Station License.’’ Authority to Construct or Make (iii) Form 302–TV for television sta- Changes in a Low Power TV, TV Trans- tions, ‘‘Application for TV Station lator or TV Booster Station.’’ Broadcast License.’’ (6) FCC Form 349, ‘‘Application for (2) FCC Form 310, ‘‘Application for an Authority to Construct or Make International or Experimental Broad- cast Station License.’’ Changes in an FM Translator or FM (3) [Reserved] Booster Station.’’ (4) FCC Form 347, ‘‘Application for a (7) FCC Form 318, ‘‘Application for Low Power TV, TV Translator or TV Construction Permit for a Low Power Booster Station License.’’ FM Broadcast Station.’’ (5) FCC Form 350, ‘‘Application for an (b) The filing of an application for FM Translator or FM Booster Station modification of construction permit License.’’ does not extend the expiration date of (6) FCC Form 319, ‘‘Application for a the construction permit. Extension of Low Power FM Broadcast Station Li- the expiration date must be applied for cense.’’ on FCC Form 307, in accordance with (c) Eligible low power television sta- the provisions of § 73.3534. tions which have been granted a cer- (c) In each application referred to in tificate of eligibility may file FCC paragraph (a) of this section, the appli- Form 302-CA, ‘‘Application for Class A cant will provide the Antenna Struc- Television Broadcast Station Construc- ture Registration Number (FCC Form tion Permit Or License.’’ 854R) of the antenna structure upon [44 FR 38495, July 2, 1979, as amended at 49 which it will locate its proposed an- FR 32582, Aug. 15, 1984; 50 FR 40016, Oct. 1, tenna. In the event the antenna struc- 1985; 51 FR 18451, May 20, 1986; 51 FR 32088, Sept. 9, 1986; 52 FR 31400, Aug. 20, 1987; 53 FR ture does not already have a Registra- 36788, Sept. 22, 1988; 62 FR 51063, Sept. 30, tion Number, either the antenna struc- 1997; 65 FR 7648, Feb. 15, 2000; 65 FR 30007, ture owner shall file FCC Form 854 May 10, 2000; 68 FR 12761, Mar. 17, 2003; 69 FR (‘‘Application for Antenna Structure 72043, Dec. 10, 2004] Registration’’) in accordance with part 17 of this chapter or the applicant shall § 73.3537 Application for license to use former main antenna as an auxil- provide a detailed explanation why reg- iary. See § 73.1675, Auxiliary facility. [62 FR 51063, Sept. 30, 1997]

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§ 73.3538 Application to make changes considered unless there is on file with in an existing station. the FCC the information currently re- Where prior authority is required quired by §§ 73.3612 through 73.3615, in- from the FCC to make changes in an clusive, for the particular class of sta- existing station, the following proce- tion. dures shall be used to request that au- (c) Whenever the FCC regards an ap- thority: plication for a renewal of license as es- (a) An application for construction sential to the proper conduct of a hear- permit using the forms listed in ing or investigation, and specifically § 73.3533 must be filed for authority to: directs that it be filed by a date cer- (1) Make any of the changes listed in tain, such application shall be filed § 73.1690(b). within the time thus specified. If the li- (2) Change the hours of operation of censee fails to file such application an AM station, where the hours of op- within the prescribed time, the hearing eration are specified on the license or or investigation shall proceed as if permit. such renewal application had been re- (3) Install a transmitter which has ceived. not been approved (type accepted) by (d) Renewal application forms titles the FCC for use by licensed broadcast and numbers are listed in § 73.3500, Ap- stations. plication and Report Forms. (4) Any change in the location, [44 FR 38495, July 2, 1979, as amended at 47 height, or directional radiating charac- FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, teristics of the antenna or antenna sys- 1984] tem. (b) An informal application filed in § 73.3540 Application for voluntary as- accordance with § 73.3511 is to be used signment or transfer of control. to obtain authority to modify or dis- (a) Prior consent of the FCC must be continue the obstruction marking or obtained for a voluntary assignment or lighting of the antenna supporting transfer of control. structure where that specified on the (b) Application should be filed with station authorization either differs the FCC at least 45 days prior to the from that specified in 47 CFR part 17, contemplated effective date of assign- or is not appropriate for other reasons. ment or transfer of control. (c) Application for consent to the as- [44 FR 38495, July 2, 1979, as amended at 44 FR 69935, Dec. 5, 1979; 49 FR 4000, Feb. 1, 1984; signment of construction permit or li- 52 FR 21685, June 9, 1987; 62 FR 51063, Sept. 30, cense must be filed on FCC Form 314 1997; 66 FR 20758, Apr. 25, 2001; 82 FR 57884, ‘‘Assignment of license’’ or FCC Form Dec. 8, 2017] 316 ‘‘Short form’’ (See paragraph (f) of this section). § 73.3539 Application for renewal of li- (d) Application for consent to the cense. transfer of control of a corporation (a) Unless otherwise directed by the holding a construction permit or li- FCC, an application for renewal of license must be filed on FCC Form 315 cense shall be filed not later than the ‘‘Transfer of Control’’ or FCC Form 316 first day of the fourth full calendar ‘‘Short form’’ (see paragraph (f) of this month prior to the expiration date of section). the license sought to be renewed, ex- (e) Application for consent to the as- cept that applications for renewal of li- signment of construction permit or license of an experimental broadcast sta- cense or to the transfer of control of a tion shall be filed not later than the corporate licensee or permittee for an first day of the second full calendar FM or TV translator station, a low month prior to the expiration date of power TV station and any associated the license sought to be renewed. If any auxiliary station, such as translator deadline prescribed in this paragraph microwave relay stations and UHF falls on a nonbusiness day, the cutoff translator booster stations, only must shall be the close of business of the be filed on FCC Form 345 ‘‘Application first full business day thereafter. for Transfer of Control of Corporate Li- (b) No application for renewal of licensee or Permittee, or Assignment of cense of any broadcast station will be License or Permit for an FM or TV

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

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

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§ 73.3549 Requests for extension of (c) Following the filing of a transfer time to operate without required or assignment application, the pro- monitors, indicating instruments, posed assignee/transferee may request and EAS encoders and decoders. a new call sign for the station whose li- Requests for extension of authority cense or construction permit is being to operate without required monitors, transferred or assigned. No change in transmission system indicating instru- call sign assignment will be effective ments, or encoders and decoders for until such transfer or assignment ap- monitoring and generating the EAS plication is granted by the FCC and no- codes and Attention Signal should be tification of consummation of the made to the FCC in Washington, DC, transaction is received by the FCC. Attention: Audio Division (radio) or (d) Where an application is granted Video Division (television), Media Bu- by the FCC for transfer or assignment reau. Such requests must contain in- of the construction permit or license of formation as to when and what steps a station whose existing call sign con- were taken to repair or replace the de- forms to that of a commonly-owned fective equipment and a brief descrip- station not part of the transaction, the tion of the alternative procedures new licensee of the transferred or as- being used while the equipment is out signed station shall expeditiously re- of service. quest a different call sign, unless consent to retain the conforming call sign [67 FR 13233, Mar. 21, 2002] has been obtained from the primary holder and from the licensee of any § 73.3550 Requests for new or modified other station that may be using such call sign assignments. conforming call sign. (a) All requests for new or modified (e) Call signs beginning with the let- call sign assignments for radio and tel- ter ‘‘K’’ will not be assigned to stations evision broadcast stations shall be located east of the Mississippi River, made via the FCC’s on-line call sign nor will call signs beginning with the reservation and authorization system letter ‘‘W’’ be assigned to stations lo- accessible through the Internet’s World cated west of the Mississippi River. Wide Web by specifying http:// (f) Only four-letter call signs (plus an www.fcc.gov. Licensees and permittees LP, FM, TV or CA suffix, if used) will may utilize this on-line system to de- be assigned. The four letter call sign termine the availability and licensing for LPFM stations will be followed by status of any call sign; to select an ini- the suffix ‘‘-LP.’’ However, subject to tial call sign for a new station; to the other provisions of this section, a change a station’s currently assigned call sign of a station may be conformed call sign; to modify an existing call to a commonly owned station holding a sign by adding or deleting an ‘‘-FM’’ or three-letter call assignment (plus FM, ‘‘-TV’’ suffix; to exchange call signs TV, CA or LP suffixes, if used). with another licensee or permittee in (g) Subject to the foregoing limita- the same service; or to reserve a dif- tions, applicants may request call signs ferent call sign for a station being of their choice if the combination is transferred or assigned. available. Objections to the assignment (b) No request for an initial call sign of requested call signs will not be en- assignment will be accepted from a tertained at the FCC. However, this permittee for a new radio or full-serv- does not hamper any party from assert- ice television station until the FCC has ing such rights as it may have under granted a construction permit. Each private law in some other forum. such permittee shall request the as- Should it be determined by an appro- signment of its station’s initial call priate forum that a station should not sign expeditiously following the grant utilize a particular call sign, the initial of its construction permit. All initial assignment of a call sign will not serve construction permits for low power TV as a bar to the making of a different stations will be issued with a five-char- assignment. acter low power TV call sign, in ac- (h) Stations in different broadcast cordance with § 74.783(d) of this chap- services (or operating jointly in the ter. 535–1605 kHz band and in the 1605–1705

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kHz band) which are under common § 73.3555 Multiple ownership. control may request that their call (a)(1) Local radio ownership rule. A signs be conformed by the assignment person or single entity (or entities of the same basic call sign if that call under common control) may have a sign is not being used by a non-com- cognizable interest in licenses for AM monly owned station. For the purposes or FM radio broadcast stations in ac- of this paragraph, 50% or greater com- cordance with the following limits: mon ownership shall constitute a (i) In a radio market with 45 or more prima facie showing of common con- full-power, commercial and non- trol. commercial radio stations, not more (i) The provisions of this section than 8 commercial radio stations in shall not apply to International broad- total and not more than 5 commercial cast stations or to stations authorized stations in the same service (AM or under part 74 of this chapter (except as FM); provided in § 74.783). (ii) In a radio market with between 30 (j) A change in call sign assignment and 44 (inclusive) full-power, commer- will be made effective on the date spec- cial and noncommercial radio stations, ified in the postcard acknowledging the not more than 7 commercial radio sta- assignment of the requested new call tions in total and not more than 4 com- sign and authorizing the change. Un- mercial stations in the same service less the requested change in call sign (AM or FM); assignment is subject to a pending (iii) In a radio market with between transfer or assignment application, the 15 and 29 (inclusive) full-power, com- requester is required to include in its mercial and noncommercial radio sta- on-line call sign request a specific ef- tions, not more than 6 commercial fective date to take place within 45 radio stations in total and not more days of the submission of its electronic than 4 commercial stations in the same call sign request. Postponement of the service (AM or FM); and effective date will be granted only in (iv) In a radio market with 14 or response to a timely request and for fewer full-power, commercial and non- only the most compelling reasons. commercial radio stations, not more (k) Four-letter combinations com- than 5 commercial radio stations in mencing with ‘‘W’’ or ‘‘K’’ which are total and not more than 3 commercial assigned as call signs to ships or to stations in the same service (AM or other radio services are not available FM); provided, however, that no person for assignment to broadcast stations, or single entity (or entities under com- with or without the ‘‘-FM’’ or ‘‘-TV’’ mon control) may have a cognizable in- suffix. terest in more than 50% of the full- (l) Users of nonlicensed, low-power power, commercial and noncommercial devices operating under part 15 of this radio stations in such market unless chapter may use whatever identifica- the combination of stations comprises tion is currently desired, so long as not more than one AM and one FM sta- propriety is observed and no confusion tion. 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,’’ ‘‘-CA’’ or third station in the same service. ‘‘LP’’ suffix, would conform to the call (b) Local television multiple ownership sign of any other non-commonly owned rule. An entity may directly or indi- station(s) operating in a different serv- rectly own, operate, or control two tel- ice, an applicant utilizing the on-line evision stations licensed in the same reservation and authorization system Designated Market Area (DMA) (as de- will be required to certify that consent termined by Nielsen Media Research or to use the secondary call sign has been any successor entity) if: obtained from the holder of the pri- (1) The digital noise limited service mary call sign. contours of the stations (computed in [63 FR 71603, Dec. 29, 1998, as amended at 65 accordance with § 73.622(e)) do not over- FR 30007, May 10, 2000] lap; or

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(i) At the time the application to ac- mitted by paragraph (b) of this section, quire or construct the station(s) is the local television multiple ownership filed, at least one of the stations is not rule) and one commercial radio station ranked among the top four stations in situated as described in paragraph the DMA, based on the most recent all- (c)(1) of this section. An entity may day (9 a.m.–midnight) audience share, not exceed these numbers, except as as measured by Nielsen Media Research follows: or by any comparable professional, ac- (i) If at least 20 independently owned cepted audience ratings service; and media voices would remain in the mar- (ii) At least 8 independently owned ket post-merger, an entity can directly and operating, full-power commercial or indirectly own, operate, or control and noncommercial TV stations would up to: remain post-merger in the DMA in (A) Two commercial TV and six com- which the communities of license of mercial radio stations (to the extent the TV stations in question are located. Count only those TV stations permitted by paragraph (a) of this sec- the digital noise limited service con- tion, the local radio multiple owner- tours of which overlap with the digital ship rule); or noise limited service contour of at (B) One commercial TV and seven least one of the stations in the pro- commercial radio stations (to the exposed combination. In areas where tent that an entity would be permitted there is no DMA, count the TV stations to own two commercial TV and six present in an area that would be the commercial radio stations under para- functional equivalent of a TV market. graph (c)(2)(i)(A) of this section, and to Count only those TV stations digital the extent permitted by paragraph (a) noise limited service contours of which of this section, the local radio multiple overlap with the digital noise limited ownership rule). service contour of at least one of the (ii) If at least 10 independently owned stations in the proposed combination. media voices would remain in the mar- (2) [Reserved] ket post-merger, an entity can directly (c) Radio-television cross-ownership or indirectly own, operate, or control rule. (1) The rule in this paragraph (c) up to two commercial TV and four is triggered when: commercial radio stations (to the ex- (i) The predicted or measured 1 mV/m tent permitted by paragraph (a) of this contour of an existing or proposed FM section, the local radio multiple owner- station (computed in accordance with ship rule). § 73.313) encompasses the entire com- (3) To determine how many media munity of license of an existing or pro- voices would remain in the market, posed commonly owned TV broadcast count the following: station(s), or the principal community (i) TV stations. Independently owned contour(s) of the TV broadcast sta- and operating full-power broadcast TV tion(s) (computed in accordance with stations within the DMA of the TV sta- § 73.625) encompasses the entire com- tion’s (or stations’) community (or munity of license of the FM station; or (ii) The predicted or measured 2 mV/ communities) of license that have dig- m groundwave contour of an existing ital noise limited service contours or proposed AM station (computed in (computed in accordance with accordance with § 73.183 or § 73.186), en- § 73.622(e)) that overlap with the digital compasses the entire community of li- noise limited service contour(s) of the cense of an existing or proposed com- TV station(s) at issue; monly owned TV broadcast station(s), (ii) Radio stations. (A)(1) Independ- or the principal community contour(s) ently owned operating primary broad- of the TV broadcast station(s) (com- cast radio stations that are in the puted in accordance with § 73.625) en- radio metro market (as defined by compass(es) the entire community of Arbitron or another nationally recog- license of the AM station. nized audience rating service) of: (2) An entity may directly or indi- (i) The TV station’s (or stations’) rectly own, operate, or control up to community (or communities) of li- two commercial TV stations (if per- cense; or

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(ii) The radio station’s (or stations’) (iii) The principal community con- community (or communities) of li- tour of the TV station (computed in ac- cense; and cordance with § 73.625) encompasses the (2) Independently owned out-of-mar- entire community in which the news- ket broadcast radio stations with a paper is published; and the community minimum share as reported by of license of the TV station and the Arbitron or another nationally recog- community of publication of the news- nized audience rating service. paper are located in the same DMA. (B) When a proposed combination in- (2) The prohibition in paragraph volves stations in different radio mar- (d)(1) of this section shall not apply kets, the voice requirement in para- upon a showing that either the news- graphs (c)(2)(i) and (ii) of this section paper or television station is failed or must be met in each market; the radio failing. stations of different radio metro mar- (e) National television multiple owner- kets may not be counted together. (C) In areas where there is no radio ship rule. (1) No license for a commer- metro market, count the radio stations cial television broadcast station shall present in an area that would be the be granted, transferred or assigned to functional equivalent of a radio mar- any party (including all parties under ket. common control) if the grant, transfer (iii) Newspapers. Newspapers that are or assignment of such license would re- published at least four days a week sult in such party or any of its stock- within the TV station’s DMA in the holders, partners, members, officers or dominant language of the market and directors having a cognizable interest that have a circulation exceeding 5% of in television stations which have an the households in the DMA; and aggregate national audience reach ex- (iv) One cable system. If cable tele- ceeding thirty-nine (39) percent. vision is generally available to house- (2) For purposes of this paragraph (e): holds in the DMA. Cable television (i) National audience reach means the counts as only one voice in the DMA, total number of television households regardless of how many individual in the Nielsen Designated Market cable systems operate in the DMA. Areas (DMAs) in which the relevant (d) Newspaper/broadcast cross-owner- stations are located divided by the ship rule. (1) No party (including all total national television households as parties under common control) may di- measured by DMA data at the time of rectly or indirectly own, operate, or a grant, transfer, or assignment of a li- control a daily newspaper and a full- cense. For purposes of making this cal- power commercial broadcast station culation, UHF television stations shall (AM, FM, or TV) if: be attributed with 50 percent of the tel- (i) The predicted or measured 2 mV/m evision households in their DMA mar- groundwave contour of the AM station ket. (computed in accordance with § 73.183 or § 73.186) encompasses the entire com- (ii) No market shall be counted more munity in which the newspaper is pub- than once in making this calculation. lished and, in areas designated as (3) Divestiture. A person or entity that Nielsen Audio Metro markets, the AM exceeds the thirty-nine (39) percent na- station and the community of publica- tional audience reach limitation for tion of the newspaper are located in television stations in paragraph (e)(1) the same Nielsen Audio Metro market; of this section through grant, transfer, (ii) The predicted or measured 1 mV/ or assignment of an additional license m contour of the FM station (computed for a commercial television broadcast in accordance with § 73.313) encom- station shall have not more than 2 passes the entire community in which years after exceeding such limitation the newspaper is published and, in to come into compliance with such areas designated as Nielsen Audio limitation. This divestiture require- Metro markets, the FM station and the ment shall not apply to persons or en- community of publication of the news- tities that exceed the 39 percent na- paper are located in the same Nielsen tional audience reach limitation Audio Metro market; or through population growth.

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(f) The ownership limits of this sec- through one or more intervening organization are not applicable to noncommer- tions will be determined by successive mul- cial educational FM and noncommer- tiplication of the ownership percentages for cial educational TV stations. However, each link in the vertical ownership chain and application of the relevant attribution the attribution standards set forth in benchmark to the resulting product, and the the Notes to this section will be used ownership percentage for any link in the to determine attribution for non- chain that exceeds 50% shall be included for commercial educational FM and TV purposes of this multiplication. [For exam- applicants, such as in evaluating mutu- ple, except for purposes of paragraph (i) of ally exclusive applications pursuant to this note, if A owns 10% of company X, which subpart K of part 73. owns 60% of company Y, which owns 25% of ‘‘Licensee,’’ then X’s interest in ‘‘Licensee’’ NOTE 1 TO § 73.3555: The words ‘‘cognizable would be 25% (the same as Y’s interest be- interest’’ as used herein include any interest, cause X’s interest in Y exceeds 50%), and A’s direct or indirect, that allows a person or en- interest in ‘‘Licensee’’ would be 2.5% (0.1 × tity to own, operate or control, or that oth- 0.25). Under the 5% attribution benchmark, erwise provides an attributable interest in, a X’s interest in ‘‘Licensee’’ would be cog- broadcast station. nizable, while A’s interest would not be cog- NOTE 2 TO § 73.3555: In applying the provi- nizable. For purposes of paragraph i. of this sions of this section, ownership and other in- note, X’s interest in ‘‘Licensee’’ would be terests in broadcast licensees, cable tele- 15% (0.6 × 0.25) and A’s interest in ‘‘Licensee’’ vision systems and daily newspapers will be would be 1.5% (0.1 x 0.6 × 0.25). Neither inter- attributed to their holders and deemed cog- est would be attributed under paragraph i. of nizable pursuant to the following criteria: this note.] a. Except as otherwise provided herein, d. Voting stock interests held in trust partnership and direct ownership interests shall be attributed to any person who holds and any voting stock interest amounting to or shares the power to vote such stock, to 5% or more of the outstanding voting stock any person who has the sole power to sell of a corporate broadcast licensee, cable tele- such stock, and to any person who has the vision system or daily newspaper will be cog- right to revoke the trust at will or to replace nizable; the trustee at will. If the trustee has a famil- b. Investment companies, as defined in 15 ial, personal or extra-trust business relation- U.S.C. 80a–3, insurance companies and banks ship to the grantor or the beneficiary, the holding stock through their trust depart- grantor or beneficiary, as appropriate, will ments in trust accounts will be considered to be attributed with the stock interests held in have a cognizable interest only if they hold trust. An otherwise qualified trust will be in- 20% or more of the outstanding voting stock effective to insulate the grantor or bene- of a corporate broadcast licensee, cable tele- ficiary from attribution with the trust’s as- vision system or daily newspaper, or if any sets unless all voting stock interests held by of the officers or directors of the broadcast the grantor or beneficiary in the relevant licensee, cable television system or daily broadcast licensee, cable television system newspaper are representatives of the invest- or daily newspaper are subject to said trust. ment company, insurance company or bank e. Subject to paragraph i. of this note, concerned. Holdings by a bank or insurance holders of non-voting stock shall not be at- company will be aggregated if the bank or tributed an interest in the issuing entity. insurance company has any right to deter- Subject to paragraph i. of this note, holders mine how the stock will be voted. Holdings of debt and instruments such as warrants, by investment companies will be aggregated convertible debentures, options or other non- if under common management. voting interests with rights of conversion to c. Attribution of ownership interests in a voting interests shall not be attributed un- broadcast licensee, cable television system less and until conversion is effected. or daily newspaper that are held indirectly f. 1. A limited partnership interest shall be by any party through one or more inter- attributed to a limited partner unless that vening corporations will be determined by partner is not materially involved, directly successive multiplication of the ownership or indirectly, in the management or oper- percentages for each link in the vertical ation of the media-related activities of the ownership chain and application of the rel- partnership and the licensee or system so evant attribution benchmark to the result- certifies. An interest in a Limited Liability ing product, except that wherever the owner- Company (‘‘LLC’’) or Registered Limited Li- ship percentage for any link in the chain ex- ability Partnership (‘‘RLLP’’) shall be at- ceeds 50%, it shall not be included for pur- tributed to the interest holder unless that poses of this multiplication. For purposes of interest holder is not materially involved, paragraph i. of this note, attribution of own- directly or indirectly, in the management or ership interests in a broadcast licensee, operation of the media-related activities of cable television system or daily newspaper the partnership and the licensee or system so that are held indirectly by any party certifies.

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2. For a licensee or system that is a lim- sidiary, and a statement properly docu- ited partnership to make the certification menting this fact is submitted to the Com- set forth in paragraph f. 1. of this note, it mission. [This statement may be included on must verify that the partnership agreement the appropriate Ownership Report.] The offi- or certificate of limited partnership, with re- cers and directors of a sister corporation of spect to the particular limited partner ex- a broadcast licensee, cable television system empt from attribution, establishes that the or daily newspaper shall not be attributed exempt limited partner has no material in- with ownership of these entities by virtue of volvement, directly or indirectly, in the such status. management or operation of the media ac- h. Discrete ownership interests will be ag- tivities of the partnership. For a licensee or gregated in determining whether or not an system that is an LLC or RLLP to make the interest is cognizable under this section. An certification set forth in paragraph f. 1. of individual or entity will be deemed to have a this note, it must verify that the organiza- cognizable investment if: tional document, with respect to the par- 1. The sum of the interests held by or ticular interest holder exempt from attribu- through ‘‘passive investors’’ is equal to or tion, establishes that the exempt interest exceeds 20 percent; or holder has no material involvement, directly 2. The sum of the interests other than or indirectly, in the management or oper- those held by or through ‘‘passive investors’’ ation of the media activities of the LLC or is equal to or exceeds 5 percent; or RLLP. The criteria which would assume ade- 3. The sum of the interests computed under quate insulation for purposes of this certifi- paragraph h. 1. of this note plus the sum of cation are described in the Memorandum the interests computed under paragraph h. 2. Opinion and Order in MM Docket No. 83–46, of this note is equal to or exceeds 20 percent. FCC 85–252 (released June 24, 1985), as modi- i.1. Notwithstanding paragraphs e. and f. of fied on reconsideration in the Memorandum this Note, the holder of an equity or debt in- Opinion and Order in MM Docket No. 83–46, FCC 86–410 (released November 28, 1986). Irre- terest or interests in a broadcast licensee, spective of the terms of the certificate of cable television system, daily newspaper, or limited partnership or partnership agree- other media outlet subject to the broadcast ment, or other organizational document in multiple ownership or cross-ownership rules the case of an LLC or RLLP, however, no (‘‘interest holder’’) shall have that interest such certification shall be made if the indi- attributed if: vidual or entity making the certification has A. The equity (including all stockholdings, actual knowledge of any material involve- whether voting or nonvoting, common or ment of the limited partners, or other inter- preferred) and debt interest or interests, in est holders in the case of an LLC or RLLP, the aggregate, exceed 33 percent of the total in the management or operation of the asset value, defined as the aggregate of all media-related businesses of the partnership equity plus all debt, of that media outlet; or LLC or RLLP. and 3. In the case of an LLC or RLLP, the li- B.(i) The interest holder also holds an in- censee or system seeking insulation shall terest in a broadcast licensee, cable tele- certify, in addition, that the relevant state vision system, newspaper, or other media statute authorizing LLCs permits an LLC outlet operating in the same market that is member to insulate itself as required by our subject to the broadcast multiple ownership criteria. or cross-ownership rules and is attributable g. Officers and directors of a broadcast li- under paragraphs of this note other than this censee, cable television system or daily paragraph i.; or newspaper are considered to have a cog- (ii) The interest holder supplies over fif- nizable interest in the entity with which teen percent of the total weekly broadcast they are so associated. If any such entity en- programming hours of the station in which gages in businesses in addition to its pri- the interest is held. For purposes of applying mary business of broadcasting, cable tele- this paragraph, the term, ‘‘market,’’ will be vision service or newspaper publication, it defined as it is defined under the specific may request the Commission to waive attri- multiple ownership rule or cross-ownership bution for any officer or director whose du- rule that is being applied, except that for tel- ties and responsibilities are wholly unrelated evision stations, the term ‘‘market,’’ will be to its primary business. The officers and di- defined by reference to the definition con- rectors of a parent company of a broadcast tained in the local television multiple own- licensee, cable television system or daily ership rule contained in paragraph (b) of this newspaper, with an attributable interest in section. any such subsidiary entity, shall be deemed 2. Notwithstanding paragraph i.1. of this to have a cognizable interest in the sub- Note, the interest holder may exceed the 33 sidiary unless the duties and responsibilities percent threshold therein without triggering of the officer or director involved are wholly attribution where holding such interest unrelated to the broadcast licensee, cable would enable an eligible entity to acquire a television system or daily newspaper sub- broadcast station, provided that:

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i. The combined equity and debt of the in- source of the brokered programming sup- terest holder in the eligible entity is less plied by the party to the brokered station. than 50 percent, or 3. Every time brokerage agreement of the ii. The total debt of the interest holder in type described in this Note shall be under- the eligible entity does not exceed 80 percent taken only pursuant to a signed written of the asset value of the station being ac- agreement that shall contain a certification quired by the eligible entity and the interest by the licensee or permittee of the brokered holder does not hold any equity interest, op- station verifying that it maintains ultimate tion, or promise to acquire an equity inter- control over the station’s facilities includ- est in the eligible entity or any related enti- ing, specifically, control over station fi- ty. For purposes of this paragraph i.2, an nances, personnel and programming, and by ‘‘eligible entity’’ shall include any entity the brokering station that the agreement that qualifies as a small business under the complies with the provisions of paragraphs Small Business Administration’s size stand- (b), (c), and (d) of this section if the ards for its industry grouping, as set forth in brokering station is a television station or 13 CFR 121.201, at the time the transaction is with paragraphs (a), (c), and (d) of this sec- approved by the FCC, and holds: tion if the brokering station is a radio sta- A. 30 percent or more of the stock or part- tion. nership interests and more than 50 percent of k. ‘‘Joint Sales Agreement’’ is an agree- the voting power of the corporation or partment with a licensee of a ‘‘brokered station’’ nership that will own the media outlet; or that authorizes a ‘‘broker’’ to sell adver- B. 15 percent or more of the stock or part- tising time for the ‘‘brokered station.’’ nership interests and more than 50 percent of 1. Where two radio stations are both lo- the voting power of the corporation or part- cated in the same market, as defined for pur- nership that will own the media outlet, proposes of the local radio ownership rule con- vided that no other person or entity owns or tained in paragraph (a) of this section, and a controls more than 25 percent of the out- party (including all parties under common standing stock or partnership interests; or control) with a cognizable interest in one C. More than 50 percent of the voting such station sells more than 15 percent of power of the corporation that will own the the advertising time per week of the other media outlet if such corporation is a publicly such station, that party shall be treated as if traded company. it has an interest in the brokered station j. ‘‘Time brokerage’’ (also known as ‘‘local subject to the limitations set forth in para- marketing’’) is the sale by a licensee of dis- graphs (a), (c), and (d) of this section. crete blocks of time to a ‘‘broker’’ that sup- 2. Where two television stations are both plies the programming to fill that time and located in the same market, as defined for sells the commercial spot announcements in purposes of the local television ownership it. rule contained in paragraph (b) of this sec- 1. Where two radio stations are both lo- tion, and a party (including all parties under cated in the same market, as defined for pur- common control) with a cognizable interest poses of the local radio ownership rule con- in one such station sells more than 15 per- tained in paragraph (a) of this section, and a cent of the advertising time per week of the party (including all parties under common other such station, that party shall be treat- control) with a cognizable interest in one ed as if it has an interest in the brokered such station brokers more than 15 percent of station subject to the limitations set forth the broadcast time per week of the other in paragraphs (b), (c), (d), and (e) of this sec- such station, that party shall be treated as if tion. it has an interest in the brokered station 3. Every joint sales agreement of the type subject to the limitations set forth in para- described in this Note shall be undertaken graphs (a), (c), and (d) of this section. This only pursuant to a signed written agreement limitation shall apply regardless of the that shall contain a certification by the li- source of the brokered programming sup- censee or permittee of the brokered station plied by the party to the brokered station. verifying that it maintains ultimate control 2. Where two television stations are both over the station’s facilities, including, spe- located in the same market, as defined in the cifically, control over station finances, per- local television ownership rule contained in sonnel and programming, and by the paragraph (b) of this section, and a party (in- brokering station that the agreement com- cluding all parties under common control) plies with the limitations set forth in para- with a cognizable interest in one such sta- graphs (b), (c), and (d) of this section if the tion brokers more than 15 percent of the brokering station is a television station or broadcast time per week of the other such with paragraphs (a), (c), and (d) of this sec- station, that party shall be treated as if it tion if the brokering station is a radio sta- has an interest in the brokered station sub- tion. ject to the limitations set forth in para- NOTE 3 TO § 73.3555: In cases where record graphs (b), (c), (d) and (e) of this section. and beneficial ownership of voting stock is This limitation shall apply regardless of the not identical (e.g., bank nominees holding

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stock as record owners for the benefit of mu- controlled AM or FM broadcast station, or tual funds, brokerage houses holding stock the community of license of which is com- in street names for the benefit of customers, pletely encompassed by the 2 mV/m contour investment advisors holding stock in their of such AM broadcast station or the 1 mV/m own names for the benefit of clients, and in- contour of such FM broadcast station, may surance companies holding stock), the party subsequently become a ‘‘non-satellite’’ sta- having the right to determine how the stock tion under the circumstances described in will be voted will be considered to own it for the aforementioned Report and Order in MM purposes of these rules. Docket No. 87–8. However, such commonly NOTE 4 TO § 73.3555: Paragraphs (a) through owned, operated, or controlled ‘‘non-sat- (d) of this section will not be applied so as to ellite’’ television stations and AM or FM sta- require divestiture, by any licensee, of exist- tions with the aforementioned community ing facilities, and will not apply to applica- encompassment, may not be transferred or tions for assignment of license or transfer of assigned to a single person, group, or entity control filed in accordance with § 73.3540(f) or except as provided in Note 4 of this section. § 73.3541(b), or to applications for assignment Nor shall any application for assignment or of license or transfer of control to heirs or transfer concerning such ‘‘non-satellite’’ sta- legatees by will or intestacy, or to FM or AM tions be granted if the assignment or trans- broadcast minor modification applications fer would be to the same person, group or en- for intra-market community of license tity to which the commonly owned, oper- changes, if no new or increased concentra- ated, or controlled newspaper is proposed to tion of ownership would be created among be transferred, except as provided in Note 4 commonly owned, operated or controlled of this section. media properties. Paragraphs (a) through (d) NOTE 6 TO § 73.3555: For purposes of this sec- of this section will apply to all applications tion a daily newspaper is one which is pub- for new stations, to all other applications for lished four or more days per week, which is assignment or transfer, to all applications in the dominant language in the market, and for major changes to existing stations, and which is circulated generally in the commu- to all other applications for minor changes nity of publication. A college newspaper is to existing stations that seek a change in an not considered as being circulated generally. FM or AM radio station’s community of li- NOTE 7 TO § 73.3555: The Commission will cense or create new or increased concentra- entertain applications to waive the restriction of ownership among commonly owned, tions in paragraph (b) and (c) of this section operated or controlled media properties. (the local television ownership rule and the Commonly owned, operated or controlled radio/television cross-ownership rule) on a media properties that do not comply with case-by-case basis. In each case, we will re- paragraphs (a) through (d) of this section quire a showing that the in-market buyer is may not be assigned or transferred to a sin- the only entity ready, willing, and able to gle person, group or entity, except as pro- operate the station, that sale to an out-of- vided in this Note, the Report and Order in market applicant would result in an artifi- Docket No. 02–277, released July 2, 2003 (FCC cially depressed price, and that the waiver 02–127), or the Second Report and Order in applicant does not already directly or indi- MB Docket No. 14–50, FCC 16–107 (released rectly own, operate, or control interest in August 25, 2016). two television stations within the relevant NOTE 5 TO § 73.3555: Paragraphs (b) through DMA. One way to satisfy these criteria (e) of this section will not be applied to cases would be to provide an affidavit from an involving television stations that are ‘‘sat- independent broker affirming that active ellite’’ operations. Such cases will be consid- and serious efforts have been made to sell ered in accordance with the analysis set the permit, and that no reasonable offer forth in the Report and Order in MM Docket from an entity outside the market has been No. 87–8, FCC 91–182 (released July 8, 1991), as received. further explained by the Report and Order in We will entertain waiver requests as fol- MB Docket No. 18–63, FCC 19–17, (released lows: March 12, 2019), in order to determine wheth- 1. If one of the broadcast stations involved er common ownership, operation, or control is a ‘‘failed’’ station that has not been in op- of the stations in question would be in the eration due to financial distress for at least public interest. An authorized and operating four consecutive months immediately prior ‘‘satellite’’ television station, the digital to the application, or is a debtor in an invol- noise limited service contour of which over- untary bankruptcy or insolvency proceeding laps that of a commonly owned, operated, or at the time of the application. controlled ‘‘non-satellite’’ parent television 2. For paragraph (b) of this section only, if broadcast station, or the principal commu- one of the television stations involved is a nity contour of which completely encom- ‘‘failing’’ station that has an all-day audi- passes the community of publication of a ence share of no more than four per cent; the commonly owned, operated, or controlled station has had negative cash flow for three daily newspaper, or the community of li- consecutive years immediately prior to the cense of a commonly owned, operated, or application; and consolidation of the two

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stations would result in tangible and of the top-four rated television stations in verifiable public interest benefits that out- the DMA at the time of the agreement. Par- weigh any harm to competition and diver- ties should also refer to the Second Report sity. and Order in MB Docket No. 14–50, FCC 16–107 3. For paragraph (b) of this section only, if (released August 25, 2016). the combination will result in the construc- NOTE 12 TO § 73.3555: Parties seeking waiver tion of an unbuilt station. The permittee of of paragraph (d)(1) of this section, or an ex- the unbuilt station must demonstrate that it ception pursuant to paragraph (d)(2) of this has made reasonable efforts to construct but section involving failed or failing properties, has been unable to do so. should refer to the Second Report and Order NOTE 8 TO § 73.3555: Paragraph (a)(1) of this in MB Docket No. 14–50, FCC 16–107 (released section will not apply to an application for August 25, 2016). an AM station license in the 535–1605 kHz band where grant of such application will re- [73 FR 9487, Feb. 21, 2008, as amended at 73 sult in the overlap of 5 mV/m groundwave FR 28369, May 16, 2008; 75 FR 27199, May 14, contours of the proposed station and that of 2010; 79 FR 29006, May 20, 2014; 81 FR 73041, another AM station in the 535–1605 kHz band Oct. 24, 2016; 81 FR 76262, Nov. 1, 2016; 82 FR that is commonly owned, operated or con- 21127, May 5, 2017; 83 FR 755, Jan. 8, 2018; 84 trolled if the applicant shows that a signifi- FR 15128, Apr. 15, 2019; 85 FR 5164, Jan. 29, cant reduction in interference to adjacent or 2020] co-channel stations would accompany such common ownership. Such AM overlap cases § 73.3556 Duplication of programming will be considered on a case-by-case basis to on commonly owned or time bro- determine whether common ownership, oper- kered stations. ation or control of the stations in question would be in the public interest. Applicants in (a) No commercial AM or FM radio such cases must submit a contingent appli- station shall operate so as to devote cation of the major or minor facilities more than 25 percent of the total hours change needed to achieve the interference re- in its average broadcast week to production along with the application which seeks to create the 5 mV/m overlap situa- grams that duplicate those of any station. tion in the same service (AM or FM) NOTE 9 TO § 73.3555: Paragraph (a)(1) of this which is commonly owned or with section will not apply to an application for which it has a time brokerage agree- an AM station license in the 1605–1705 kHz ment if the principal community con- band where grant of such application will re- tours (predicted or measured 5 mV/m sult in the overlap of the 5 mV/m groundwave for AM stations and pre- groundwave contours of the proposed station and that of another AM station in the 535– dicted 3.16 mV/m for FM stations) of 1605 kHz band that is commonly owned, oper- the stations overlap and the overlap ated or controlled. Paragraphs (d)(1)(i) and constitutes more than 50 percent of the (ii) of this section will not apply to an appli- total principal community contour cation for an AM station license in the 1605– service area of either station. 1705 kHz band by an entity that owns, oper- (b) For purposes of this section, du- ates, controls or has a cognizable interest in plication means the broadcasting of AM radio stations in the 535–1605 kHz band. NOTE 10 TO § 73.3555: Authority for joint identical programs within any 24 hour ownership granted pursuant to Note 9 will period. expire at 3 a.m. local time on the fifth anni- (c) Any party engaged in a time bro- versary for the date of issuance of a con- kerage arrangement which conflicts struction permit for an AM radio station in with the requirements of paragraph (a) the 1605–1705 kHz band. of this section on September 16, 1992, NOTE 11 TO § 73.3555: An entity will not be permitted to directly or indirectly own, op- shall bring that arrangement into com- erate, or control two television stations in pliance within one year thereafter. the same DMA through the execution of any [57 FR 18093, Apr. 29, 1992, as amended at 57 agreement (or series of agreements) involv- FR 42706, Sept. 16, 1992] ing stations in the same DMA, or any individual or entity with a cognizable interest in EFFECTIVE DATE NOTE: At 57 FR 18093, Apr. such stations, in which a station (the ‘‘new 29, 1992, § 73.3556 was added, effective Aug. 1, affiliate’’) acquires the network affiliation of 1992. At 57 FR 35763, Aug. 11, 1992, the effec- another station (the ‘‘previous affiliate’’), if tive date was deferred pending action by the the change in network affiliations would re- agency. At 57 FR 37888, Aug. 21, 1992, the ef- sult in the licensee of the new affiliate, or fective date was further deferred. At 57 FR any individual or entity with a cognizable 42706, Sept. 16, 1992, paragraph (a) was revised interest in the new affiliate, directly or indi- and paragraph (c) was added, effective Sept. rectly owning, operating, or controlling two 16, 1992.

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§ 73.3561 Staff consideration of appli- band, applications will be placed on cations requiring Commission ac- public notice if they meet the fol- tion. lowing two-tiered minimum filing re- Upon acceptance of an application, quirements as initially filed in first- the complete file is reviewed by the come/first-serve proceedings: staff and, except where the application (i) The application must include: is acted upon by the staff pursuant to (A) Applicant’s name and address, delegation of authority, a report con- (B) Applicant’s signature, taining the recommendations of the (C) Principal community, staff and any other documents required (D) Channel or frequency, is prepared and placed on the Commis- (E) Class of station, and sion’s agenda. (F) Transmitter site coordinates; and (ii) The application must not omit [44 FR 38499, July 2, 1979] more than three of the following sec- § 73.3562 Staff consideration of appli- ond-tier items: cations not requiring action by the (A) A list of the other media inter- Commission. ests of the applicant and its principals, (B) Certification of compliance with Those applications which do not re- the alien ownership provisions con- quire action by the Commission but tained in 47 U.S.C. 310(b), which, pursuant to the delegations of (C) Tower/antenna heights, authority set forth in subpart B of part (D) Effective radiated power, 0 of this chapter, may be acted upon by (E) Whether the antenna is direc- the Chief, Media Bureau, are forwarded tional or omnidirectional, and to the Media Bureau for necessary ac- (F) An exhibit demonstrating compli- tion. If the application is granted, the ance with the contour protection re- formal authorization is issued. In any quirements of 47 CFR 73.215, if applica- case where it is recommended that the ble. application be set for hearing, where a (3) Applications found not to meet novel question of policy is presented, minimum filing requirements will be or where the Chief, Media Bureau de- returned to the applicant. Applications sires instructions from the Commis- found to meet minimum filing require- sion, the matter is placed on the Com- ments, but that contain deficiencies in mission agenda. tender and/or acceptance information, [67 FR 13233, Mar. 21, 2002] shall be given an opportunity for corrective amendment pursuant to 73.3522 § 73.3564 Acceptance of applications. of this part. Applications found to be (a)(1) Applications tendered for filing substantially complete and in accord- are dated upon receipt and then for- ance with the Commission’s core legal warded to the Media Bureau, where an and technical requirements will be ac- administrative examination is made to cepted for filing. Applications with un- ascertain whether the applications are corrected tender and/or acceptance de- complete. Except for applications for fects remaining after the opportunity minor modifications of facilities in the for corrective amendment will be dis- non-reserved FM band, as defined in missed with no further opportunity for § 73.3573(a)(2), long form applications amendment. subject to the provisions of § 73.5005 (b) Acceptance of an application for found to be complete or substantially filing merely means that it has been complete are accepted for filing and the subject of a preliminary review by are given file numbers. In the case of the FCC’s administrative staff as to minor defects as to completeness, a de- completeness. Such acceptance will not ficiency letter will be issued and the preclude the subsequent dismissal of applicant will be required to supply the the application if it is found to be pat- missing or corrective information. Ap- ently not in accordance with the FCC’s plications that are not substantially rules. complete will not be considered and (c) At regular intervals, the FCC will will be returned to the applicant. issue a Public Notice listing all long (2) In the case of minor modifications form applications which have been ac- of facilities in the non-reserved FM cepted for filing. Pursuant to

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§§ 73.3571(h), 73.3572, and 73.3573(f), such § 73.3566 Defective applications. notice shall establish a cut-off date for (a) Applications which are deter- the filing of petitions to deny. With re- mined to be patently not in accordance spect to reserved band FM applica- with the FCC rules, regulations, or tions, the Public Notice shall also es- other requirements, unless accom- tablish a cut-off date for the filing of panied by an appropriate request for mutually exclusive applications pursu- waiver, will be considered defective and ant to § 73.3573(e). However, no applica- will not be accepted for filing or if in- tion will be accepted for filing unless advertently accepted for filing will be certification of compliance with the dismissed. Requests for waiver shall local notice requirements of § 73.3580(h) show the nature of the waiver or excep- has been made in the tendered application desired and shall set forth the rea- tion. sons in support thereof. (d) The FCC will specify by Public (b) If an applicant is requested by the Notice, pursuant to § 73.5002, a period FCC to file any additional documents for filing applications for new stations or information not included in the pre- or for major modifications in the facili- scribed application form, a failure to ties of an existing station. Except for comply with such request will be reserved band FM stations and TV sta- deemed to render the application defec- tions on reserved noncommercial edu- tive, and such application will be dis- cational channels, applications for new missed. and major modifications in facilities [44 FR 38499, July 2, 1979] will be accepted only during these window filing periods specified by the § 73.3568 Dismissal of applications. Commission. (a) (1) Failure to prosecute an appli- (e) Applications for minor modifica- cation, or failure to respond to official tion of facilities may be tendered at correspondence or request for addi- any time, unless restricted by the FCC. tional information, will be cause for These applications will be processed on dismissal. a ‘‘first come/first served’’ basis and (2) Applicants in all broadcast serv- will be treated as simultaneously ten- ices subject to competitive bidding will dered if filed on the same day. Any ap- be subject to the provisions of §§ 73.5002 plications received after the filing of a and 1.2105(b) regarding the dismissal of lead application will be grouped ac- their short-form applications. cording to filing date, and placed in a (3) Applicants in all broadcast serv- queue behind the lead applicant. The ices subject to competitive bidding will FCC will periodically release a Public be subject to the provisions of §§ 73.5004, Notice listing those minor modifica- 73.5005 and 1.2104(g) regarding the dis- tion of facilities applications accepted missal of their long-form applications for filing. and the imposition of applicable with- (f) If a non-reserved band FM channel drawal, default and disqualification allotment becomes vacant, after the payments. grant of a construction permit becomes (b)(1) Subject to the provisions of final, because of a lapsed construction § 73.3525, dismissal of applications for permit or for any other reason, the channels reserved for noncommercial FCC will, by Public Notice, announce a educational use will be without preju- subsequent filing window for the ac- dice where an application has not yet ceptance of new applications for such been designated for hearing, but may channels. be made with prejudice after designa- (g) Applications for operation in the tion for hearing. 1605–1705 kHz band will be accepted (2) Subject to the provisions of only if filed pursuant to the terms of § 73.3525, requests to dismiss an application for a channel reserved for non- § 73.30(b). commercial educational use, without [63 FR 48624, Sept. 11, 1998, as amended at 64 prejudice, after it has been designated FR 56978, Oct. 22, 1999; 67 FR 13233, Mar. 21, for hearing, will be considered only 2002] upon written petition properly served

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upon all parties of record. Such re- to the provisions of §§ 73.3522, 73.3580 quests shall be granted only upon a and 1.1111 of this chapter pertaining to showing that the request is based on major changes. Such major modifica- circumstances wholly beyond the appli- tion applications will be dismissed as cant’s control which preclude further set forth in paragraph (h)(1)(i) of this prosecution of his application. section. (c) Subject to the provisions of (2) An amendment to an application §§ 73.3523 and 73.3525, any application which would effect a major change, as for minor modification of facilities defined in paragraph (a)(1) of this sec- may, upon request of the applicant, be tion, will not be accepted except as dismissed without prejudice as a mat- provided for in paragraph (h)(1)(i) of ter of right. this section. (d) An applicant’s request for the re- (c) An application for changes in the turn of an application that has been ac- facilities of an existing station will cepted for filing will be regarded as a continue to carry the same file number request for dismissal. even though (pursuant to FCC ap- [63 FR 48624, Sept. 11, 1998] proval) an assignment of license or transfer of control of said licensee or § 73.3571 Processing of AM broadcast permittee has taken place if, upon con- station applications. summation, the application is amended (a) Applications for AM broadcast fa- to reflect the new ownership. cilities are divided into three groups. (d) If, upon examination, the FCC (1) In the first group are applications finds that the public interest, conven- for new stations or for major changes ience and necessity will be served by in the facilities of authorized stations. the granting of an application, the A major change for an AM station au- same will be granted. If the FCC is un- thorized under this part is any change able to make such a finding and it ap- in frequency, except frequency changes pears that a hearing may be required, to non-expanded band first, second or the procedure set forth in § 73.3593 will third adjacent channels. A major be followed. change in ownership is a situation (e) Applications proposing to in- where the original party or parties to crease the power of an AM station are the application do not retain more subject to the following requirements: than 50% ownership interest in the ap- (1) In order to be acceptable for fil- plication as originally filed. A major ing, any application which does not in- change in community of license is one volve a change in site must propose at in which the applicant’s daytime facili- least a 20% increase in the station’s ties at the proposed community are not nominal power. mutually exclusive, as defined in (2) Applications involving a change in § 73.37, with the applicant’s current site are not subject to the require- daytime facilities, or any change in ments in paragraph (e)(1) of this sec- community of license of an AM station tion. in the 1605–1705 kHz band. All other (3) Applications for nighttime power changes will be considered minor. increases for Class D stations are not (2) The second group consists of ap- subject to the requirements of this sec- plications for licenses and all other tion and will be processed as minor changes in the facilities of authorized changes. stations. (4) The following special procedures (3) The third group consists of appli- will be followed in authorizing Class II- cations for operation in the 1605–1705 D daytime-only stations on 940 and 1550 kHz band which are filed subsequent to kHz, and Class III daytime-only sta- FCC notification that allotments have tions on the 41 regional channels listed been awarded to petitioners under the in § 73.26(a), to operate unlimited-time. procedure specified in § 73.30. (i) Each eligible daytime-only station (b)(1) The FCC may, after acceptance in the foregoing categories will receive of an application for modification of fa- an Order to Show Cause why its license cilities, advise the applicant that such should not be modified to specify oper- application is considered to be one for ation during nighttime hours with the a major change and therefore is subject facilities it is licensed to start using at

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local sunrise, using the power stated in stricted by the FCC, and will be proc- the Order to Show Cause, that the essed on a ‘‘first come/first served’’ Commission finds is the highest night- basis, with the first acceptable applica- time level—not exceeding 0.5 kW—at tion cutting off the filing rights of sub- which the station could operate with- sequent, conflicting applicants. The out causing prohibited interference to FCC will periodically release a Public other domestic or foreign stations, or Notice listing those applications ac- to co-channel or adjacent channel sta- cepted for filing. Applications received tions for which pending applications on the same day will be treated as si- were filed before December 1, 1987. multaneously filed and, if they are (ii) Stations accepting such modifica- found to be mutually exclusive, must tion shall be reclassified. Those author- be resolved through settlement or tech- ized in such Show Cause Orders to op- nical amendment. Conflicting applica- erate during nighttime hours with a tions received after the filing of a first power of 0.25 kW or more, or with a acceptable application will be grouped, power that, although less than 0.25 kW, according to filing date, behind the is sufficient to enable them to attain lead application in a queue. The pri- RMS field strengths of 141 mV/m or ority rights of the lead applicant, more at 1 kilometer, shall be redesig- against all other applicants, are deter- nated as Class II-B stations if they are mined by the date of filing, but the fil- assigned to 940 or 1550 kHz, and as un- ing date for subsequent, conflicting ap- limited-time Class III stations if they plicants only reserves a place in the are assigned to regional channels. queue. The rights of an applicant in a (iii) Stations accepting such modi- queue ripen only upon a final deter- fication that are authorized to operate mination that the lead applicant is un- during nighttime hours at powers less acceptable and if the queue member is than 0.25 kW, and that cannot with reached and found acceptable. The such powers attain RMS field strengths queue will remain behind the lead ap- of 141 mV/m or more at 1 kilometer, plicant until a construction permit is shall be redesignated as Class II-S sta- finally granted, at which time the tions if they are assigned to 940 or 1550 queue dissolves. kHz, and as Class III-S stations if they (g) Applications for change of license are assigned to regional channels. to change hours of operation of a Class (iv) Applications for new stations C AM broadcast station, to decrease may be filed at any time on 940 and hours of operation of any other class of 1550 kHz and on the regional channels. station, or to change station location Also, stations assigned to 940 or 1550 involving no change in transmitter site kHz, or to the regional channels, may will be considered without reference to at any time, regardless of their classi- the processing line. fications, apply for power increases up (h) Processing new and major AM to the maximum generally permitted. broadcast station applications. (1)(i) The Such applications for new or changed FCC will specify by Public Notice, pur- facilities will be granted without tak- suant to § 73.5002, a period for filing AM ing into account interference caused to applications for a new station or for Class II-S or Class III-S stations, but major modifications in the facilities of will be required to show interference an authorized station. AM applications protection to other classes of stations, for new facilities or for major modi- including stations that were previously fications, whether for commercial classified as Class II-S or Class III-S, broadcast stations or noncommercial but were later reclassified as Class II-B educational broadcast stations, as de- or Class III unlimited-time stations as scribed in 47 U.S.C. 397(6), will be ac- a result of subsequent facilities modi- cepted only during these specified peri- fications that permitted power in- ods. Applications submitted prior to creases qualifying them to discontinue the appropriate filing period or ‘‘win- their ‘‘S’’ subclassification. dow’’ opening date identified in the (f) Applications for minor modifica- Public Notice will be returned as pre- tions for AM broadcast stations, as de- mature. Applications submitted after fined in paragraph (a)(2) of this section, the specified deadline will be dismissed may be filed at any time, unless re- with prejudice as untimely.

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

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

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constitutes a preferential arrangement NOTE TO § 73.3571: For purposes of para- of assignments under Section 307(b) of graph (h)(1)(ii) of this section, § 73.182(k) in- the Communications Act of 1934, as terference standards apply when determining nighttime mutual exclusivity between appli- amended (47 U.S.C. 307(b)); cations to provide AM service that are filed (2) The daytime facilities specified by in the same window. Two applications would the applicant at the proposed commu- be deemed to be mutually exclusive if either nity of license must be mutually exclu- application would be subject to dismissal be- sive, as defined in § 73.37, with the ap- cause it would enter into, i.e., raise, the plicant’s current daytime facilities; twenty-five percent exclusion RSS nighttime limit of the other. and (3) Notwithstanding the provisions of [63 FR 48625, Sept. 11, 1998, as amended at 64 § 73.3580(a), the applicant must comply FR 19501, Apr. 21, 1999; 67 FR 45374, July 9, 2002; 68 FR 26227, May 15, 2003; 71 FR 6228, with the local public notice provisions Feb. 7, 2006; 71 FR 76219, Dec. 20, 2006; 75 FR of §§ 73.3580(c)(3), 73.3580(d)(3), and 9806, Mar. 4, 2010; 76 FR 18952, Apr. 6, 2011] 73.3580(f). The exception contained in § 73.3580(e) shall not apply to an appli- § 73.3572 Processing of TV broadcast, cation proposing to change the commu- Class A TV broadcast, low power nity of license of an AM station. TV, TV translators, and TV booster applications. (k)(1) An AM applicant receiving a dispositive Section 307(b) preference is (a) Applications for TV stations are required to construct and operate tech- divided into two groups: nical facilities substantially as pro- (1) In the first group are applications posed in its FCC Form 175. An AM ap- for new stations or major changes in plicant, licensee, or permittee receiv- the facilities of authorized stations. A ing a dispositive Section 307(b) pref- major change for TV broadcast sta- erence based on its proposed service to tions authorized under this part is any underserved populations (under Pri- change in frequency or community of license which is in accord with a ority (1), Priority (2), and Priority (4)) present allotment contained in the or service totals (under Priority (4)) Table of Allotments (§ 73.606). Other re- may modify its facilities so long as it quests for change in frequency or com- continues to provide the same priority munity of license for TV broadcast sta- service to substantially the same num- tions must first be submitted in the ber of persons who would have received form of a petition for rulemaking to service under the initial proposal, even amend the Table of Allotments. if the population is not the same popu- (2) In the case of Class A TV stations lation that would have received such authorized under subpart J of this part service under the initial proposal. For and low power TV, TV translator, and purposes of this provision, ‘‘substan- TV booster stations authorized under tially’’ means that any proposed modi- part 74 of this chapter, a major change fication must not result in a decrease is any change in: of more than 20 percent of any popu- (i) Frequency (output channel), ex- lation figure that was a material factor cept a change in offset carrier fre- in obtaining the dispositive Section quency; or 307(b) preference. (ii) Transmitting antenna location (2) An AM applicant, licensee, or per- where the protected contour resulting mittee that has received a dispositive from the change is not predicted to preference under Priority (3) will be overlap any portion of the protected prohibited from changing its commu- contour based on the station’s author- nity of license. ized facilities. (3) The restrictions set forth in para- (3) Other changes will be considered graphs (k)(1) and (k)(2) of this section minor including changes made to im- will be applied for a period of four plement a channel sharing arrange- years of on-air operations. This holding ment provided they comply with the period does not apply to construction other provisions of this section and permits that are awarded on a non- provided, until October 1, 2000, pro- comparative basis, such as those posed changes to the facilities of Class awarded to non-mutually exclusive ap- A TV, low power TV, TV translator and plicants or through settlement. TV booster stations, other than a

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

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(1) Stations on UHF channels: 265 km proval) an assignment of license or (162 miles) transfer of control of such licensee or (2) Stations on VHF channels 2–6: 280 permittee has taken place if, upon con- km (171 miles) summation, the application is amended (3) Stations on VHF channels 7–13: 260 to reflect the new ownership. km (159 miles) (c) Amendments to Class A TV, low (B) Engineering showings of pre- power TV, TV translator, TV booster dicted interference may also be sub- stations, or non-reserved television ap- mitted to justify the need for displace- plications, which would require a new ment relief. file number pursuant to paragraph (b) (v) Provided further, that the FCC of this section, are subject to competi- may, within 15 days after acceptance of tive bidding procedures and will be dis- any other application for modification missed if filed outside a specified filing of facilities, advise the applicant that period. See 47 CFR 73.5002(a). When an such application is considered to be one amendment to an application for a re- for a major change and therefore sub- served television allotment would reject to the provisions of §§ 73.3522, quire a new file number pursuant to 73.3580, and 1.1111 of this chapter per- paragraph (b) of this section, the appli- taining to major changes. Such major cant will have the opportunity to with- modification applications filed for draw the amendment at any time prior Class A TV, low power TV, TV trans- to designation for a hearing if applica- lator, TV booster stations, and for a ble; and may be afforded, subject to the non-reserved television allotment, are discretion of the Administrative Law subject to competitive bidding proce- Judge, an opportunity to withdraw the dures and will be dismissed if filed out- amendment after designation for a side a specified filing period. See 47 hearing. CFR 73.5002(a). (d)(1) The FCC will specify by Public (b)(1) A new file number will be as- Notice, a period for filing applications signed to an application for a new sta- for new television stations on reserved tion or for major changes in the facili- noncommercial educational channels ties of an authorized station, when it is or for major modifications in the facili- amended so as to effect a major ties of an authorized station on re- change, as defined in paragraph (a)(1) served channels. TV reserved channel or (2) of this section, or result in a situ- applications for new facilities or for ation where the original party or par- major modifications will be accepted ties to the application do not retain only during the appropriate filing pe- more than 50 percent ownership inter- riod or ‘‘window.’’ Applications sub- est in the application as originally mitted prior to the window opening filed, and § 73.3580 will apply to such date identified in the Public Notice amended application. However, such will be returned as premature. Applica- change in ownership is minor if: tions submitted after the specified (i) The governing board change in a deadline will be dismissed with preju- nonstock or membership noncommer- dice as untimely. Mutually exclusive cial educational (NCE) full power tele- applications for reserved channel television applicant occurred over a period vision stations will be resolved using of six months or longer; or the point system in subpart K of this (ii) The governing board change in a part. nonstock or membership NCE full (2) Concurrently with the filing of a power television applicant occurred new or major modification application over a period of less than six months for a reserved noncommercial edu- and there is no evidence of a takeover cational channel, the applicant shall concern or a significant effect on such submit to the FCC’s public reference organization’s mission. room and to a local public inspection (2) All changes in a governmental ap- file consistent with § 73.3527(e)(2), sup- plicant are considered minor. porting documentation of points (3) An application for change in the claimed, as described in the application facilities of any existing station will form. continue to carry the same file number (e) The FCC will specify by Public even though (pursuant to FCC ap- Notice a period for filing applications

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for a new non-reserved television, low (1) In the first group are applications power TV and TV translator stations for new stations or for major changes or for major modifications in the facili- of authorized stations. A major change ties of such authorized stations, wheth- in ownership is one in which the origi- er for commercial broadcast stations or nal party or parties to the application noncommercial educational broadcast do not retain more than 50 percent stations, as described in 47 U.S.C. ownership interest in the application 397(6), and major modifications in the as originally filed, except that such facilities of Class A TV stations. change in ownership is minor if: The (f) Applications for minor modifica- governing board change in a nonstock tion of Class A TV, low power TV, TV or membership NCE applicant occurred translator and TV booster stations over a period of six months or longer or may be filed at any time, unless re- the governing board change in a stricted by the FCC, and will be proc- nonstock or membership NCE appli- essed on a ‘‘first-come/first-served’’ cant occurred over a period of less than basis, with the first acceptable applica- six months and there is no evidence of tion cutting off the filing rights of sub- a takeover concern or a significant ef- sequent, competing applicants. Pro- fect on such organization’s mission. All vided, however, that applications for changes in a governmental applicant minor modifications of Class A TV and are considered minor. In the case of a those of TV broadcast stations may be- Class D or an NCE FM reserved band come mutually exclusive until grant of channel station, a major facility a pending Class A TV or TV broadcast change is any change in antenna loca- minor modification application. tion which would not continue to pro- (g) TV booster station applications vide a 1 mV/m service to some portion may be filed at any time. Subsequent of its previously authorized 1 mV/m to filing, the FCC will release a Public service area. In the case of a Class D Notice accepting for filing and pro- station, a major facility change is any posing for grant those applications change in community of license or any which are not mutually exclusive with change in frequency other than to a any other TV translator, low power first-, second-, or third-adjacent chan- TV, TV booster, or Class A TV applica- nel. A major facility change for a com- tion, and providing for the filing of Pe- mercial or a noncommercial edu- titions To Deny pursuant to § 73.3584. cational full service FM station, a win- (h) Class A TV station licensees shall ning auction bidder, or a tentative se- file a license application for either the lectee authorized or determined under flash cut channel or the digital com- this part is any change in frequency or panion channel they choose to retain community of license which is not in for post-transition digital operations. accord with its current assignment, ex- Class A TV stations will retain pri- cept for the following: mary, protected regulatory status on (i) A change in community of license their desired post-transition digital which complies with the requirements channel. Class A TV applicants must of paragraph (g) of this section; certify that their proposed post-transi- (ii) A change to a higher or lower tion digital facilities meet all Class A class co-channel, first-, second-, or TV interference protection require- third-adjacent channel, or inter- ments. mediate frequency; (iii) A change to a same-class first-, [63 FR 48626, Sept. 11, 1998, as amended at 65 second-, or third-adjacent channel, or FR 30007, May 10, 2000; 65 FR 36379, June 8, 2000; 67 FR 5513, Feb. 6, 2002; 67 FR 45374, July intermediate frequency; 9, 2002; 68 FR 26227, May 15, 2003; 76 FR 44827, (iv) A channel substitution, subject July 27, 2011; 82 FR 18249, Apr. 18, 2017; 85 FR to the provisions of Section 316 of the 7889, Feb. 12, 2020] Communications Act for involuntary channel substitutions. § 73.3573 Processing FM broadcast sta- (2) The second group consists of ap- tion applications. plications for licenses and all other (a) Applications for FM broadcast changes in the facilities of authorized stations are divided into two groups: stations.

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(b)(1) The FCC may, after the accept- nels, the procedures in subpart I of this ance of an application for modification part will be followed. of facilities, advise the applicant that (e) Processing reserved channel FM such application is considered to be one broadcast station applications. (1) Appli- for a major change and therefore sub- cations for minor modifications for reject to the provisions of §§ 73.3522, served channel FM broadcast stations, 73.3580 and 1.1111 of this chapter per- as defined in paragraph (a)(2) of this taining to major changes. Such major section, may be filed at any time, un- modification applications in the non- less restricted by the FCC, and will be reserved band will be dismissed as set processed on a ‘‘first come/first served’’ forth in paragraph (f)(2)(i) of this sec- basis, with the first acceptable application. tion cutting off the filing rights of sub- (2) An amendment to a non-reserved sequent, competing applicants. The band application which would effect a FCC will periodically release a Public major change, as defined in paragraph Notice listing those applications ac- (a)(1) of this section, will not be accepted for filing. Conflicting applica- cepted, except as provided for in para- tions received on the same day will be graph (f)(2)(i) of this section. treated as simultaneously filed and (3) A new file number will be assigned mutually exclusive. Conflicting appli- to a reserved band application for a cations received after the filing of the new station or for major changes in the first acceptable application will be facilities of an authorized station, grouped, according to filing date, be- when it is amended so as to effect a hind the lead application in the queue. major change, as defined in paragraph The priority rights of the lead appli- (a)(1) of this section. Where an amend- cant, against all other applicants, are ment to a reserved band application determined by the date of filing, but would require a new file number, the the filing date for subsequent con- applicant will have the opportunity to flicting applicants only reserves a withdraw the amendment at any time place in the queue. The right of an ap- prior to designation for hearing, if applicant in a queue ripens only upon a plicable; and may be afforded, subject final determination that the lead appli- to the discretion of the Administrative cant is unacceptable and that the Law Judge, an opportunity to with- queue member is reached and found ac- draw the amendment after designation ceptable. The queue will remain behind for hearing. the lead applicant until the construc- (c) An application for changes in the tion permit is finally granted, at which facilities of any existing station will time the queue dissolves. continue to carry the same file number (2) The FCC will specify by Public even though (pursuant to FCC ap- Notice a period for filing reserved proval) an assignment of license or channel FM applications for a new sta- transfer of control of such licensee or tion or for major modifications in the permittee has taken place if, upon con- facilities of an authorized station. FM summation, the application is amended reserved channel applications for new to reflect the new ownership. facilities or for major modifications (d) If, upon examination, the FCC will be accepted only during the appro- finds that the public interest, conven- priate filing period or ‘‘window.’’ Appli- ience and necessity will be served by cations submitted prior to the window the granting of an application for FM opening date identified in the Public broadcast facilities, the same will be Notice will be returned as premature. granted. If the FCC is unable to make Applications submitted after the speci- such a finding and it appears that a fied deadline will be dismissed with hearing may be required, the procedure prejudice as untimely. given in § 73.3593 will be followed. In the (3) Concurrently with the filing of a case of mutually exclusive applications new or major modification application for reserved channels, the procedures for a reserved noncommercial edu- in subpart K of this part will be fol- cational channel, the applicant shall lowed. In the case of mutually exclu- submit to the FCC’s public reference sive applications for unreserved chan- room and to a local public inspection

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file consistent with § 73.3527(e)(2), sup- ing date, behind the lead application in porting documentation of points a queue. The priority rights of the lead claimed, as described in the application applicant, as against all other appli- form. cants, are determined by the date of (4) Timely filed applications for new filing, but the filing date for subse- facilities or for major modifications for quent applicants for that channel and reserved FM channels will be processed community only reserves a place in the pursuant to the procedures set forth in queue. The rights of an applicant in a subpart K of this part (§ 73.7000 et seq.) queue ripen only upon a final deter- Subsequently, the FCC will release mination that the lead applicant is un- Public Notices identifying: mutually acceptable and if the queue member is exclusive groups of applications; appli- reached and found acceptable. The cations selected pursuant to the fair queue will remain behind the lead ap- distribution procedures set forth in plicant until a construction permit is § 73.7002; applications received during finally granted, at which time the the window filing period which are queue dissolves. found to be non-mutually exclusive; (2)(i) The FCC will specify by Public tentative selectees determined pursu- Notice, pursuant to § 73.5002(a), a period ant to the point system procedures set for filing non-reserved band FM appli- forth in § 73.7003; and acceptable applications for a new station or for major cations. The Public Notices will also modifications in the facilities of an au- announce: additional procedures to be thorized station. FM applications for followed for certain groups of applica- new facilities or for major modifications; deadlines for filing additional in- tions, whether for commercial broad- formation; and dates by which peti- cast stations or noncommercial edu- tions to deny must be filed in accord- cational broadcast stations, as de- ance with the provisions of § 73.3584. If scribed in 47 U.S.C. 397(6), will be ac- the applicant is duly qualified, and cepted only during the appropriate fil- upon examination, the FCC finds that ing period or ‘‘window.’’ Applications the public interest, convenience and submitted prior to the window opening necessity will be served by the grant- date identified in the Public Notice ing of the application, it will be grant- will be returned as premature. Applica- ed. If an application is determined un- tions submitted after the specified acceptable for filing, the application deadline will be dismissed with preju- will be returned, and subject to the dice as untimely. amendment requirements of § 73.3522. (ii) Such FM applicants will be sub- (f) Processing non-reserved FM broad- ject to the provisions of §§ 1.2105 and cast station applications. (1) Applica- 73.5002 regarding the submission of the tions for minor modifications for non- short-form application, FCC Form 175, reserved FM broadcast stations, as de- and all appropriate certifications, in- fined in paragraph (a)(2) of this section, formation and exhibits contained may be filed at any time, unless re- therein. FM applicants may submit a stricted by the FCC, and, generally, set of preferred site coordinates as a will be processed in the order in which supplement to the short-form applica- they are tendered. The FCC will peri- tion. Any specific site indicated by FM odically release a Public Notice listing applicants will not be studied for tech- those applications accepted for filing. nical acceptability, but will be pro- Processing of these applications will be tected from subsequently filed applica- on a ‘‘first come/first serve’’ basis with tions as a full-class facility as of the the first acceptable application cutting close of the window filing period. De- off the filing rights of subsequent ap- terminations as to the acceptability or plicants. All applications received on grantability of an applicant’s proposal the same day will be treated as simul- will not be made prior to an auction. taneously tendered and, if they are (iii) FM applicants will be subject to found to be mutually exclusive, must the provisions of §§ 1.2105 and 73.5002(c) be resolved through settlement or tech- regarding the modification and dis- nical amendment. Applications re- missal of their short-form applications. ceived after the tender of a lead appli- (3) Subsequently, the FCC will re- cation will be grouped, according to fil- lease Public Notices:

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(i) Identifying the short-form appli- cast stations, as described in 47 U.S.C. cations received during the window fil- 397(6), will be processed and the FCC ing period which are found to be mutu- will periodically release a Public No- ally exclusive, including any applica- tice listing such non-mutually exclu- tions for noncommercial educational sive applications determined to be ac- broadcast stations, as described in 47 ceptable for filing and announcing a U.S.C. 397(6), as well as the procedures date by which petitions to deny must the FCC will use to resolve the mutu- be filed in accordance with the provi- ally exclusive applications; sions of §§ 73.7004 and 73.3584. If the ap- (ii) Establishing a date, time and plicant is duly qualified, and upon ex- place for an auction; amination, the FCC finds that the pub- (iii) Providing information regarding lic interest, convenience, and necessity the methodology of competitive bid- will be served by the granting of the ding to be used in the upcoming auc- non-mutually exclusive long-form ap- tion, bid submission and payment pro- plication, it will be granted. cedures, upfront payment procedures, (5)(i) Pursuant to § 1.2107 of this chap- upfront payment deadlines, minimum ter and § 73.5005, a winning bidder that opening bid requirements and applica- meets its down payment obligations in ble reserve prices in accordance with a timely manner must, within 30 days the provisions of § 73.5002; of the release of the public notice an- (iv) Identifying applicants who have nouncing the close of the auction, sub- submitted timely upfront payments mit the appropriate long-form applica- and, thus, are qualified to bid in the tion for each construction permit for auction. which it was the winning bidder. Long- (4) If, after the close of the appro- form applications filed by winning bid- priate window filing period, a non-re- ders shall include the exhibits identi- served FM allotment remains vacant, fied in § 73.5005(a). the window remains closed until the (ii) Winning bidders are required to FCC, by Public Notice, specifies a sub- pay the balance of their winning bids sequent period for filing non-reserved in a lump sum prior to the deadline es- band FM applications for a new station tablished by the Commission pursuant or for major modifications in the facili- to § 1.2109(a) of this chapter. Long-form ties of an authorized station pursuant construction permit applications will to paragraph (f)(2)(i) of this section. be processed and the FCC will periodi- After the close of the filing window, cally release a Public Notice listing the FCC will also release a Public No- such applications that have been ac- tice identifying the short-form applica- cepted for filing and announcing a date tions which are found to be non-mutu- by which petitions to deny must be ally exclusive, including any applica- filed in accordance with the provisions tions for noncommercial educational of §§ 73.5006 and 73.3584. Construction broadcast stations, as described in 47 permits will be granted by the Commis- U.S.C. 397(6). These non-mutually ex- sion only after full and timely payment clusive applicants will be required to of winning bids and any applicable late submit the appropriate long-form ap- fees, and if the applicant is duly quali- plication within 30 days of the Public fied, and upon examination, the FCC Notice and, for applicants for commer- finds that the public interest, conven- cial broadcast stations, pursuant to the ience and necessity will be served. provisions of § 73.5005(d). Non-mutually (iii) All long-form applications will exclusive applications for commercial be cut-off as of the date of filing with broadcast stations will be processed the FCC and will be protected from and the FCC will periodically release a subsequently filed long-form applica- Public Notice listing such non-mutu- tions and rulemaking petitions. Appli- ally exclusive applications determined cations will be required to protect all to be acceptable for filing and an- previously filed commercial and non- nouncing a date by which petitions to commercial applications. Winning bid- deny must be filed in accordance with ders filing long-form applications may the provisions of §§ 73.5006 and 73.3584. change the technical proposals speci- Non-mutually exclusive applications fied in their previously submitted for noncommercial educational broad- short-form applications, but such

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change may not constitute a major tions window, and the party that ini- change. If the submitted long-form ap- tially proposed the Tribal Priority FM plication would constitute a major allotment requests by letter to the change from the proposal submitted in Audio Division, Media Bureau, that its the short-form application or the allot- pending long-form application not be ment, the long-form application will be immediately processed, the Tribal Pri- returned pursuant to paragraph (f)(2)(i) ority FM allotment will be auctioned of this section. as described in paragraphs (f)(2) (6)(i) When a non-reserved channel through (f)(5) of this section in the nor- FM allotment is added to the Table of mal course for vacant FM allotments. FM Allotments using the Tribal Pri- When a Tribal Priority FM allotment ority described in Note 5 to this sec- is offered at auction for the first time, tion, the FCC will specify by Public only those applicants meeting the Notice a window filing period during threshold qualifications for that spe- which only those applicants that sat- cific Tribal Priority FM allotment, as isfy all of the eligibility criteria listed described in Note 5 to this section, may in Note 5 to this section with regard to participate in the auction of that allot- the specific Tribal Priority FM allotment. ment(s) listed in the Public Notice may (iv) Should no applicant meeting file a long-form application for the threshold qualifications, as described Tribal Priority FM allotment. Only ap- in Note 5 to this section, apply to bid plications from applicants meeting the on a Tribal Priority FM allotment in ‘‘threshold qualifications’’ listed in the first auction in which it is offered, Note 5 will be accepted during this win- or should no applicant meeting thresh- dow filing period. old qualifications qualify to bid in the (ii) If only one application for the first auction in which a Tribal Priority Tribal Priority FM allotment is ac- FM allotment is offered, then the Trib- cepted for filing during the threshold al Priority FM allotment will be of- qualifications window, the long-form fered in a subsequent auction. Any application will be processed. If two or such subsequent auction of a Tribal more applications for the Tribal Pri- Priority FM allotment shall proceed as ority FM allotment are accepted for described in paragraphs (f)(2) through filing during the threshold qualifica- (f)(5) of this section, and any qualified tions window, the FCC will specify by applicant may participate in the auc- Public Notice a period of time, after tion of the Tribal Priority FM allot- the close of the threshold qualifica- ment in such subsequent auction, re- tions window but before the next FM gardless of whether it meets the auction, during which the parties may threshold qualifications with regard to negotiate a settlement or bona fide that specific Tribal Priority FM allot- merger, as a way of resolving the con- ment. flict between their applications. Par- (g) Applications proposing to change ties to a settlement must comply with the community of license of an FM sta- § 73.3525 of the Commission’s rules. If a tion or assignment are considered to be settlement or bona fide merger is minor modifications under paragraphs reached, the surviving application will (a)(2), (e)(1), and (f)(1) of this section, be processed. If no settlement or bona and are subject to the following re- fide merger is reached among the quirements: threshold qualifications window appli- (1) The applicant must attach an ex- cants, the Tribal Priority FM allot- hibit to its application containing in- ment will be offered at auction as de- formation demonstrating that the pro- scribed in paragraphs (f)(2) through posed community of license change (f)(5) of this section, except that only constitutes a preferential arrangement those applicants whose applications of allotments or assignments under were accepted for filing pursuant to Section 307(b) of the Communications paragraph (f)(6)(i) of this section may Act of 1934, as amended (47 U.S.C. participate in the initial auction of the 307(b)); Tribal Priority FM allotment. (2) The facilities specified by the ap- (iii) If no application is accepted for plicant at the proposed community of filing during the threshold qualifica- license must be mutually exclusive, as

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defined in § 73.207 or 73.509, with the ap- NOTE 3 TO § 73.3573: For rules on processing plicant’s current facilities or its cur- FM translator and booster stations, see rent assignment, in the case of a win- § 74.1233 of this chapter. ning auction bidder or tentative se- NOTE 4 TO § 73.3573: A Class C station oper- lectee; and ating with antenna height above average ter- (3) Notwithstanding the provisions of rain (‘‘HAAT’’) of less than 451 meters is sub- § 73.3580(a), the applicant must comply ject to reclassification as a Class C0 station upon the filing of a triggering application for with the local public notice provisions construction permit that is short-spaced to of §§ 73.3580(c)(3), 73.3580(d)(3), and such a Class C station under § 73.207 but 73.3580(f). The exception contained in would be fully spaced to such a station con- § 73.3580(e) shall not apply to an appli- sidered as a Class C0 assignment. Triggering cation proposing to change the commu- applications may utilize § 73.215. Triggering nity of license of an FM station. applications must certify that no alternative (4) Non-reserved band applications channel is available for the proposed service. must demonstrate the existence of a Available alternative frequencies are limited suitable assignment or allotment site to frequencies that the proposed service that fully complies with §§ 73.207 and could use at the specified antenna location 73.315 without resort to § 73.213 or in full compliance with the distance separa- § 73.215. tion requirements of § 73.207, without any other changes to the FM Table of Allot- NOTE 1 TO § 73.3573: Applications to modify ments. Copies of a triggering application and the channel and/or class to an adjacent chan- related pleadings must be served on the li- nel, intermediate frequency (IF) channel, or censee of the affected Class C station. If the co-channel may utilize the provisions of the staff concludes that a triggering application Commission’s Rules permitting short spaced is acceptable for filing, it will issue an order stations as set forth in § 73.215 as long as the to show cause why the affected station applicant shows by separate exhibit attached should not be reclassified as a Class C0 sta- to the application the existence of an allot- tion The order to show cause will provide the ment reference site which meets the allot- licensee 30 days to express in writing an in- ment standards, the minimum spacing requirements of § 73.207 and the city grade cov- tention to seek authority to modify the sub- erage requirements of § 73.315. This exhibit ject station’s technical facilities to min- must include a site map or, in the alter- imum Class C HAAT or to otherwise chal- native, a statement that the transmitter will lenge the triggering application. If no such be located on an existing tower. Examples of intention is expressed and the triggering ap- unsuitable allotment reference sites include plication is not challenged, the subject sta- those which are offshore, in a national or tion will be reclassified as a Class C0 station, state park in which tower construction is and processing of the triggering application prohibited, on an airport, or otherwise in an will be completed. If an intention to modify area which would necessarily present a haz- is expressed, an additional 180-day period ard to air navigation. will be provided during which the Class C NOTE 2 TO § 73.3573: Processing of applica- station licensee must file an acceptable con- tions for new low power educational FM ap- struction permit application to increase an- plications: Pending the Commission’s re- tenna height to at least 451 meters HAAT. study of the impact of the rule changes per- Upon grant of such a construction permit ap- taining to the allocations of 10-watt and plication, the triggering application will be other low power noncommercial educational dismissed. Class C station licensees must FM stations, applications for such new sta- serve on triggering applicants copies of any tions, or major changes in existing ones, will FAA submissions related to the application not be accepted for filing. Exceptions are: (1) grant process. If the construction is not com- In Alaska, applications for new Class D sta- pleted as authorized, the subject Class C stations or major changes in existing ones are acceptable for filing; and (2) applications for tion will be reclassified automatically as a existing Class D stations to change fre- Class C0 station. The reclassification proce- quency are acceptable for filing. In (2), upon dure also may be initiated through the filing the grant of such application, the station of an original petition for rule making to shall become a Class D (secondary) station. amend the FM Table of Allotments as set (See First Report and Order, Docket 20735, forth in Note 2 to § 1.420(g). FCC 78–386, 43 FR 25821, and Second Report NOTE 5 TO § 73.3573: The ‘‘Tribal Priority’’ is and Order, Docket 20735, FCC 78–384, 43 FR that established by the Commission in Poli- 39704.) Effective date of this FCC imposed cies to Promote Rural Radio Service and to ‘‘freeze’’ was June 15, 1978. Applications Streamline Allotment and Assignment Pro- which specify facilities of at least 100 watts cedures, MB Docket 09–52. See First Report effective radiated power will be accepted for and Order and Further Notice of Proposed filing. Rule Making, MB Docket 09–52, FCC 10–24, 75

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FR 9797, 75 FR 9856, 75 FR 73976; Second Re- § 73.3574 Processing of international port and Order, First Order on Reconsider- broadcast station applications. ation, and Second Further Notice of Pro- posed Rule Making, MB Docket 09–52, FCC (a) Applications for International 11–28, 76 FR 14362, 76 FR 18942; Third Report station facilities are divided into two and Order, MB Docket 09–52, FCC 11–190. To groups. qualify for the Tribal Priority, and thus (1) In the first group are applications meet ‘‘threshold qualifications’’ for a par- for new stations, or for major changes ticular allotment, an applicant must dem- in the facilities of authorized stations. onstrate that it meets all of the following A major change is any change in or ad- eligibility criteria: (a) The applicant is ei- dition to authorized zones or areas of ther a federally recognized Tribe or Tribal reception, any change in transmitter consortium, or an entity 51 percent or more location other than one in the imme- of which is owned or controlled by a Tribe or diate vicinity of existing antennas of Tribes. Qualifying Tribes or Tribal entities the station, or any change in power, or must be those at least a portion of whose antenna directivity. However, the FCC Tribal Lands lie within the principal com- may, within 15 days after the accept- munity contour of the proposed facility. Al- ance for filing of any other application though the 51 or greater percent Tribal con- for modification, advise the applicant trol threshold need not consist of a single that such application is considered to Tribe, the qualifying entity must be 51 percent or more owned or controlled by Tribes be one for a major change and there- at least a portion of whose Tribal Lands lie fore is subject to §§ 1.1111 and 73.3580 within the facility’s principal community pertaining to major changes. contour; (b)(1) at least 50 percent of the area (2) The second group consists of ap- within the proposed principal community plications for licenses and all other contour is over that Tribe’s Tribal Lands, or changes in the facilities of authorized (2) the proposed principal community con- stations. tour (i) encompasses 50 percent or more of (b) If an application is amended so as that Tribe’s Tribal Lands, (ii) serves at least to effect a major change as defined in 2,000 people living on Tribal Lands, and (iii) paragraph (a)(1) of this section, or so as the total population on Tribal Lands resid- to result in an assignment or transfer ing within the proposed service contour con- of control which, in the case of an au- stitutes at least 50 percent of the total cov- thorized station, would require the fil- ered population (and, in the case of either ing of an application therefor on FCC (b)(1) or (b)(2) the proposed principal commu- Form 314 or 315 (see § 73.3540), § 73.3580 nity contour does not cover more than 50 will apply to such amended applica- percent of the Tribal Lands of a Tribe that is tion. not a party to the application); (c) the pro- (c) Applications for International posed community of license must be located on Tribal Lands; and (d) the proposed service stations will be processed as nearly as must constitute first or second aural (recep- possible in the order in which they are tion) service, or first local Tribal-owned filed. commercial transmission service at the pro- [44 FR 38504, July 2, 1979] posed community of license. For purposes of this section, the definition of ‘‘Tribal Lands’’ § 73.3578 Amendments to applications is the same as that set forth at footnote 15 of for renewal, assignment or transfer the First Report and Order and Further No- of control. tice of Proposed Rule Making, FCC 10–24, and (a) Any amendments to an applica- as further set forth at paragraphs 8–10 and 59 tion for renewal of any instrument of of the Second Report and Order, First Order authorization shall be considered to be on Reconsideration, and Second Further No- tice of Proposed Rule Making, FCC 11–28. a minor amendment. However, the FCC may, within 15 days after tender for fil- [63 FR 48627, Sept. 11, 1998, as amended at 64 ing of any amendment, advise the ap- FR 19502, Apr. 21, 1999; 65 FR 36379, June 8, plicant that the amendment is consid- 2000; 65 FR 79780, Dec. 20, 2000; 67 FR 45374, ered to be a major amendment and July 9, 2002; 68 FR 26228, May 15, 2003; 71 FR therefore is subject to the provisions of 6228, Feb. 7, 2006; 71 FR 76220, Dec. 20, 2006; 77 § 73.3580. FR 2922, Jan. 20, 2012; 85 FR 7890, Feb. 12, (b) Any amendment to an application 2020] for assignment of construction permit or license, or consent to the transfer of control of a corporation holding such a

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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 314, 315, or 345 (see § 73.3540), if the FCC no sooner than 30 days following changes sought were made in an origi- public notice of acceptance for filing or nal application for assignment or amendment, except as otherwise per- transfer of control, shall be considered mitted in § 73.3542, ‘‘Application for to be a major amendment. However, temporary authorization.’’ the FCC may, within 15 days after the (c) An applicant who files an applica- acceptance for filing of any other tion or amendment thereto which is amendment, advise the applicant that subject to the provisions of this sec- the amendment is considered to be a tion, must give notice of this filing in major amendment and therefore is sub- a newspaper. Exceptions to this reject to the provisions of § 73.3580. quirement are applications for renewal [44 FR 38504, July 2, 1979, as amended at 51 of AM, FM, TV, Class A TV and inter- FR 18451, May 20, 1986] national broadcasting stations; low power TV stations; TV and FM trans- § 73.3580 Local public notice of filing lator stations; TV boosters stations; of broadcast applications. FM boosters stations; and applications (a) All applications for instruments subject to paragraph (e) of this section. of authorization in the broadcast serv- The local public notice must be com- ice (and major amendments thereto, as pleted within 30 days of the tendering indicated in §§ 73.3571, 73.3572, 73.3573, of the application. In the event the 73.3574 and 73.3578) are subject to the FCC notifies the applicant that a major local public notice provisions of this change is involved, requiring the appli- section, except applications for: cant to file public notice pursuant to (1) A minor change in the facilities of § 73.3571, § 73.3572, § 73.3573 or § 73.3578, an authorized station, as indicated in this filing notice shall be given in a §§ 73.3571, 73.3572, 73.3573 and 73.3574. newspaper following this notification. (2) Consent to an involuntary assign- (1) Notice requirements for these appli- ment or transfer or to a voluntary as- cants are as follows. (i) In a daily news- signment or transfer which does not re- paper of general circulation published sult in a change of control and which in the community in which the station may be applied for on FCC Form 316 is located, or proposed to be located, at pursuant to the provisions of least twice a week for two consecutive § 73.3540(b). weeks in a three-week period; or, (3) A license under section 319(c) of (ii) If there is no such daily news- the Communications Act or, pending paper, in a weekly newspaper of gen- application for or grant of such license, eral circulation published in that com- any special or temporary authorization munity, once a week for 3 consecutive to permit interim operation to facili- weeks in a 4-week period; or, tate completion of authorized con- (iii) If there is no daily or weekly struction or to provide substantially newspaper published in that commu- the same service as would be author- nity, in the daily newspaper from wher- ized by such license. ever published, which has the greatest (4) Extension of time to complete general circulation in that community, construction of authorized facilities. twice a week for 2 consecutive weeks (5) An authorization of facilities for within a 3-week period. remote pickup or studio links for use (2) Notice requirements for applicants in the operation of a broadcast station. for a permit pursuant to section 325(b) of (6) Authorization pursuant to section the Communications Act (‘‘***Studios 325(c) of the Communications Act of Foreign Stations’’) are as follows. In a (‘‘* * * studios of foreign stations’’) daily newspaper of general circulation where the programs to be transmitted in the largest city in the principal area

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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. it is proposed to be located, in a news- For commercial TV stations, these an- paper with publishing requirements as nouncements shall be made between 6 in paragraphs (c)(1)(i), (ii) or (iii) of p.m. and 11 p.m. (5 p.m. and 10 p.m. this section. Central and Mountain time). (4) The notice required in paragraphs (4) The broadcast notice require- (c)(1), (2) and (3) of this section shall ments for those filing renewal applica- contain the information described in tions and amendments thereto are as paragraph (f) of this section. follows: (d) The licensee of an operating (i) Pre-filing announcements. During broadcast station who files an applica- the period and beginning on the first tion or amendment thereto which is day of the sixth calendar month prior subject to the provisions of this section to the expiration of the license, and must give notice as follows: continuing to the date on which the ap- (1) An applicant who files for renewal plication is filed, the following an- of a broadcast station license, other nouncement shall be broadcast on the than a low power TV station license 1st and 16th day of each calendar not locally originating programming as month. Stations broadcasting pri- defined by § 74.701(h), an FM translator marily in a foreign language should station or a TV translator station li- broadcast the announcements in that cense, must give notice of this filing by language. broadcasting announcements on applicant’s station. (Sample and schedule of Radio announcement: On (date of last renewal grant) (Station’s call letters) was announcements are below.) Newspaper granted a license by the Federal Commu- publication is not required. An appli- nication Commission to serve the public in- cant who files for renewal of a low terest as a public trustee until (expiration power TV station license not locally date). originating programming as defined by Our license will expire on (date). We must § 74.701(h), an FM translator station or file an application for renewal with the FCC a TV translator station license will (date four calendar months prior to expira- comply with (g) below. tion date). When filed, a copy of this application will be available for public inspection at (2) An applicant who files an amend- www.fcc.gov. It contains information con- ment of an application for renewal of a cerning this station’s performance during broadcast station lincense will comply the last (period of time covered by the appli- with paragraph (d)(1) of this section. cation). Individuals who wish to advise the (3) An applicant who files for modi- FCC of facts relating to our renewal applica- fication, assignment or transfer of a tion and to whether this station has operated broadcast station license (except for in the public interest should file comments International broadcast, low power TV, and petitions with the FCC by (date first day of last full calendar month prior to the TV translator, TV booster, FM trans- month of expiration). lator and FM booster stations) shall Further information concerning the FCC’s give notice of the filing in a newspaper broadcast license renewal process is avail- as described in paragraph (c) of this able at (address of location of the station) or section, and also broadcast the same may be obtained from the FCC, Washington, notice over the station as follows: DC 20554. (i) At least once daily on four days in Television announcement: On (date of last the second week immediately following renewal grant) (Station’s call letters) was either the tendering for filing of the granted a license by the Federal Commu- nication Commission to serve the public in- application or immediately following terest as a public trustee until (expiration notification to the applicant by the date). FCC that Public Notice is required pur- Our license will expire on (date). We must suant to § 73.3571, § 73.3572, § 73.3573 or file an application for renewal with the FCC

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(date four calendar months prior to expiration of the license, all applications for tion date). When filed, a copy of this applica- renewal of broadcast station licenses tion will be available for public inspection at shall broadcast the following an- www.fcc.gov. It contains information concerning this station’s performance during nouncement on the 1st and 16th day of the last (period of time covered by the appli- each calendar month. Stations broad- cation). casting primarily in a foreign language Individuals who wish to advise the FCC of should broadcast the announcements in facts relating to our renewal application and that language. to whether this station has operated in the public interest should file comments and pe- Television announcement: On (date of last titions with the FCC by (date first day of renewal grant) (Station’s call letters) was last full calendar month prior to the month granted a license by the Federal Commu- of expiration). nications Commission to serve the public in- Further information concerning the FCC’s terest as a public trustee until (expiration broadcast license renewal process is avail- date). able at (address of location of the station) or Our license will expire on (date). We have may be obtained from the FCC, Washington, filed an application for renewal with the DC 20554. FCC. A copy of this application is available for (A) An applicant who files for republic inspection at www.fcc.gov. It contains newal of a low power TV station lo- information concerning this station’s per- cally originating programming (as de- formance during the last (period of time cov- fined by § 74.701(h)) shall broadcast this ered 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 to whether this station has operated in the file at the station containing the republic interest should file comments and pe- newal application and other informa- titions with the FCC by (date first day of tion on the license renewal process, last full calendar month prior to the month shall be omitted. 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) or least two of the required announce- may be obtained from the FCC, Washington, DC 20554. ments between 6 p.m. and 11 p.m. (5 Radio announcement: On (date of last re- p.m. and 10 p.m. Central and Mountain newal grant) (Station’s call letters) was Time). granted a license by the Federal Commu- (2) For commercial radio stations—at nications Commission to serve the public in- least two of the required announce- terest as a public trustee until (expiration ments between 7 a.m. and 9 a.m. and/or date). 4 p.m. and 6 p.m. For stations which Our license will expire on (date). We have neither operate between 7 a.m. and 9 filed an application for renewal with the FCC. a.m. nor between 4 p.m. and 6 p.m., at A copy of this application is available for least two of the required announce- public inspection at www.fcc.gov. It contains ments shall be made during the first information concerning this station’s per- two hours of broadcast operation. formance during the last (period of time cov- (3) For noncommercial educational ered by application). stations, at the same time as commer- Individuals who wish to advise the FCC of cial stations, except that such stations facts relating to our renewal application and need not broadcast the announcement to whether this station has operated in the public interest should file comments and pe- during any month during which the titions with the FCC by (date first day of station does not operate. last full calendar month prior to the month (4) For low power TV stations locally of expiration). originating programming (as defined Further information concerning the FCC’s by § 74.701(h)), at the same time as for broadcast license renewal process is avail- commercial TV stations, or as close to able at (address of location of the station) or that time as possible. may be obtained from the FCC, Washington, (ii) Post-filing announcements. During DC 20554. the period beginning of the date on (A) An applicant who files for re- which the renewal application is filed newal of a low power TV station lo- to the sixteenth day of the next to last cally originating programming (as de- full calendar month prior to the expira- fined by § 74.701(h)) shall broadcast this

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announcement, except that statements (iv) Stations which have not received indicating there is a public inspection a renewal grant since the filing of their file at the station containing the re- previous renewal application, shall use newal application and other informa- the following first paragraph for the tion on the license renewal process, pre-filing and the post-filing announce- shall be omitted. ments: (B) This announcement shall be made (Station’s call letters) is licensed by the Fed- during the following time periods: eral Communications Commission to serve (1) For commercial TV stations—at the public interest as a public trustee. least three of the required announce- (5) An applicant who files for a Class ments between 6 p.m. and 11 p.m. (5 A television license must give notice of p.m. and 10 p.m. Central and Mountain this filing by broadcasting announce- time), at least one announcement be- ments on applicant’s station. (Sample tween 9 a.m. and 1 p.m., at least one and schedule of announcements are announcement between 1 p.m. and 5 below.) Newspaper publication is not p.m., and at least one announcement required. between 5 p.m. and 7 p.m. (i) The broadcast notice requirement (2) For commercial radio stations—at for those filing for Class A television least three of the required announce- license applications and amendment ments between 7 a.m. and 9 a.m. and/or thereto is as follows: 4 p.m. and 6 p.m., at least one an- (A) Pre-filing announcements. Two nouncement between 9 a.m. and noon, weeks prior to the filing of the license at least one announcement between application, the following announce- noon and 4 p.m., and at least one an- ment shall be broadcast on the 5th and nouncement between 7 p.m. and mid- 10th days of the two week period. The night. For stations which do not oper- required announcements shall be made ate between 7 a.m. and 9 a.m. or be- between 6 p.m. and 11 p.m. (5 p.m. and tween 4 p.m. and 6 p.m., at least three 10 p.m. Central and Mountain Time) of the required announcements shall be Stations broadcasting primarily in a made during the first two hours of foreign language should broadcast the broadcast operation. announcements in that language. (3) For noncommercial educational stations, at the same time as commer- On (date), the Federal Communications Commission granted (Station’s call letters) a cial stations, except that such stations certification of eligibility to apply for Class need not broadcast the announcement A television status. To become eligible for a during any month during which the Class A certificate of eligibility, a low power station does not operate. In such in- television licensee was required to certify stances noncommercial educational that during the 90-day period ending Novem- stations shall meet the requirements in ber 28, 1999, the station: (1) Broadcast a min- the exact order specified in paragraph imum of 18 hours per day; (2) broadcast an average of at least three hours per week of (d)(4)(ii)(A) (1) or (2) of this section programming produced within the market (e.g., if only four renewal notices are area served by the station or by a group of broadcast by an educational TV li- commonly-owned low power television sta- censee, 3 must be broadcast between 6 tions; and (3) had been in compliance with p.m. and 11 p.m. and the fourth be- the Commission’s regulations applicable to tween 9 a.m. and 1 p.m.). the low power television service. The Com- (4) For low power TV stations locally mission may also issue a certificate of eligibility to a licensee unable to satisfy the fore- originating programming (as defined going criteria, if it determines that the pub- by § 74.701(h)), at the same time as for lic interest, convenience and necessity would commercial TV stations, or as close to be served thereby. that time as possible. (Station’s call letters) intends to file an (iii) TV broadcast stations (commer- application (FCC Form 302–CA) for a Class A cial and noncommercial educational), television license in the near future. When in presenting the pre- and post-filing filed, a copy of this application will be available at (address of location of the station’s announcements, must use visuals with public inspection file) for public inspection the licensee’s and the FCC’s addresses during our regular business hours. Individ- when this information is being orally uals who wish to advise the FCC of facts represented by the announcer. lating to the station’s eligibility for Class A

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status should file comments and petitions all partners, if the applicant is a part- with the FCC prior to Commission action on nership; or the names of all officers and this application. directors and of those persons holding (B) Post-filing announcements. The fol- 10% or more of the capital stock or lowing announcement shall be broad- other ownership interest if the appli- cast on the 1st and 10th days following cant is a corporation or an unincor- the filing of an application for a Class porated association. (In the case of ap- A television license. The required an- plications for assignment or transfer of nouncements shall be made between 6 control, information should be included p.m. and 11 p.m. (5 p.m. and 10 p.m. for all parties to the application.) Central and Mountain Time). Stations (2) The purpose for which the applica- broadcasting primarily in a foreign tion was or will be filed (such as, con- language should broadcast the an- struction permit, modification, assign- nouncements in that language. ment or transfer of control). On (date of filing license application) (Sta- (3) The date when the application or tion’s call letters) filed an application, FCC amendment was tendered for filing Form 302–CA, for a Class A television license. with the FCC. Such stations are required to broadcast a (4) The call letters, if any, of the sta- minimum of 18 hours per day, and to average tion, and the frequency or channel on at least 3 hours of locally produced programming each week, and to comply with certain which the station is operating or pro- full-service television station operating re- poses to operate. quirements. (5) In the case of an application for A copy of this application is available for construction permit for a new station, public inspection during our regular business the facilities sought, including type hours at (address of location of the station’s and class of station, power, location of public inspection file). Individuals who wish studios, transmitter site and antenna to advise the FCC of facts relating to the station’s eligibility for Class A status should height. file comments and petitions with the FCC (6) In the case of an application for prior to Commission action on this applica- modification of a construction permit tion. or license, the exact nature of the (ii) [Reserved] modification sought. (e) When the station in question is (7) In the case of an amendment to an the only operating station in its broad- application, the exact nature of the cast service which is located in the amendment. community involved, or if it is a non- (8) In the case of applications for a commercial educational station, publi- permit pursuant to Section 325(b) of cation of the notice in a newspaper, as the Communications Act (‘‘* * * studios provided in paragraph (c) of this sec- of foreign stations’’), the call letters tion is not required, and publication by and location of the foreign radio broad- broadcast over that station as provided cast station, the frequency or channel in paragraph (d) of this section shall be on which it operates, and a description deemed sufficient to meet the notice of the programs to be transmitted over requirements of this section. Non- the station. commercial educational broadcast sta- (9) A statement that a copy of the ap- tions which do not broadcast during plication, amendment(s), and related the portion of the year in which the pe- material are on file for public inspec- riod of broadcast of notice falls must tion at a stated address in the commu- comply with the provisions of para- nity in which the station is located or graph (c) of this section. is proposed to be located. See §§ 73.3526 (f) The notice required by paragraphs and 73.3527. (c) and (d) of this section shall contain, (g) An applicant who files for author- when applicable, the following infor- ization or major modifications, or a mation, except as otherwise provided major amendment thereto, for a low in paragraphs (d) (1) and (2) and (e) of power TV, TV translator, TV booster, this section in regard to renewal appli- FM translator, or FM booster station, cations: must give notice of this filing in a (1) The name of the applicant, if the daily, weekly or biweekly newspaper of applicant is an individual; the names of general circulation in the community

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or area to be served. Likewise, an ap- (c), (d) or (g) of this section. However, plicant for assignment, transfer or re- an applicant for renewal of a license newal, or a major amendment thereto, that is required to maintain a public for a low power TV, TV translator or inspection file, shall, within 7 days of FM translator station, must give this the last day of broadcast of the re- same type of newspaper notice. The fil- quired publication announcements, ing notice will be given immediately place in its public inspection file a following the tendering for filing of the statement certifying compliance with application or amendment, or imme- § 73.3580 along with the dates and times diately following notification to the that the pre-filing and post-filing no- applicant by the FCC that public notices were broadcast and the text tice is required pursuant to § 73.3572, thereof. This certification need not be § 73.3573, or § 73.3578. filed with the Commission but shall be (1) Notice requirements for these ap- retained in the public inspection file plicants are as follows: for as long as the application to which (i) In a newspaper at least one time; it refers. or (i) Paragraphs (a) through (h) of this (ii) If there is no newspaper published section apply to major amendments to or having circulation in the commu- license renewal applications. See nity or area to be served, the applicant § 73.3578(a). shall determine an appropriate means [44 FR 38504, July 2, 1979] of providing the required notice to the EDITORIAL NOTE: For FEDERAL REGISTER ci- general public, such as posting in the tations affecting § 73.3580, see the List of CFR local post office or other public place. Sections Affected, which appears in the The notice shall state: Finding Aids section of the printed volume (A) The name of the applicant, the and at www.govinfo.gov. community or area to be served, and the transmitter site. § 73.3584 Procedure for filing petitions (B) The purpose for which the appli- to deny. cation was filed. (a) For mutually exclusive applica- (C) The date when the application or tions subject to selection by competi- amendment was filed with the FCC. tive bidding (non-reserved channels) or (D) The output channel or channels fair distribution/point system (reserved on which the station is operating or channels), petitions to deny may be proposes to operate and the power used filed only against the winning bidders or proposed to be used. or tentative selectee(s), and such peti- (E) In the case of an application for tions will be governed by §§ 73.5006 and changes in authorized facilities, the na- 73.7004, respectively. For all other ap- ture of the changes sought. plications the following rules will gov- (F) In the case of a major amendment ern. Except in the case of applications to an application, the nature of the for new low power TV, TV translator or amendment. TV booster stations, for major changes (G) A statement, if applicable, that in the existing facilities of such sta- the station engages in or intends to en- tions, or for applications for a change gage in rebroadcasting, and the call in output channel tendered by dis- letters, location and channel of oper- placed low power TV and TV translator ation of each station whose signals it is stations pursuant to § 73.3572(a)(1), any rebroadcasting or intends to rebroad- party in interest may file with the cast. Commission a Petition to Deny any ap- (H) A statement that invites com- plication (whether as originally filed or ment from individuals who wish to ad- if amended so as to require a new file vise the FCC of facts relating to the re- number pursuant to § 73.3571(j), newal application and whether the sta- § 73.3572(b), § 73.3573(b), § 73.3574(b) or tion has operated in the public inter- § 73.3578) for which local notice pursu- est. ant to § 73.3580 is required, provided (h) The applicant may certify in the such petitions are filed prior to the day appropriate application that it has or such applications are granted or des- will comply with the public notice re- ignated for hearing; but where the FCC quirements contained in paragraphs issues a public notice pursuant to the

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provisions 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- titions to Deny may be filed at any cants may file oppositions within 15 time up to the deadline established in days after the Petition to Deny is § 73.3516(e). Requests for extension of filed); but where the FCC selects a ten- time to file Petitions to Deny applica- tative permittee pursuant to Section tions for new broadcast stations or 1.1601 et seq., Petitions to Deny shall be major changes in the facilities of exist- accepted only if directed against the ing stations or applications for renewal tentative selectee and filed after of license will not be granted unless all issuance of and within 15 days of FCC parties concerned, including the appli- Public Notice announcing the tentative cant, consent to such requests, or un- selectee. The applicant may file an op- less a compelling showing can be made position within 15 days after the Peti- that unusual circumstances make the tion to Deny is filed. In cases in which filing of a timely petition impossible the minimum diversity preference pro- and the granting of an extension war- vided for in § 1.1623(f)(1) has been ap- ranted. plied, an ‘‘objection to diversity claim’’ (b) Except in the case of applications and opposition thereto, may be filed for new low power TV or TV translator against any applicant receiving a di- stations, or for major changes in the versity preference, within the same existing facilities of such stations, the applicant may file an opposition to any time period provided herein for Peti- Petition to Deny, and the Petitioner a tions and Oppositions. In all pleadings, reply to such opposition in which alle- allegations of fact or denials thereof gations of fact or denials thereof shall shall be supported by appropriate cer- be supported by affidavit of a person or tification. However, the FCC may an- persons with personal knowledge there- nounce, by the Public Notice announc- of. The times for filing such opposi- ing the acceptance of the last-filed mu- tions and replies shall be those pro- tually exclusive application, that a no- vided in § 1.45 except that as to a Peti- tice of Petition to Deny will be re- tion to Deny an application for renewal quired to be filed no later than 30 days of license, an opposition thereto may after issuance of the Public Notice. be filed within 30 days after the Peti- (d) A party in interest may file a Pe- tion to Deny is filed, and the party tition to Deny any application that that filed the Petition to Deny may proposes reclassification of a Class C reply to the opposition within 20 days authorization to Class C0 not later after opposition is due or within 20 than 30 days after issuance of an order days after the opposition is filed, to show cause by the Commission noti- whichever is longer. The failure to file an opposition or a reply will not nec- fying the affected licensee of the pro- essarily be construed as an admission posed reclassification. of fact or argument contained in a (e) Untimely Petitions to Deny, as pleading. well as other pleadings in the nature of (c) In the case of applications for new a Petition to Deny, and any other low power TV, TV translator, or TV pleadings or supplements which do not booster stations, for major changes in lie as a matter of law or are otherwise the existing facilities of such stations, procedurally defective, are subject to or for applications for a change in output channel tendered by displaced low power TV and TV translator stations

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return by the FCC’s staff without con- (5) A certification that neither the sideration. applicant nor its principals had paid or [48 FR 27206, June 13, 1983, as amended at 52 will pay money or other consideration 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; 65 FR 36379, June 8, 2000; 65 FR for dismissing or withdrawing the peti- 79780, Dec. 20, 2000] tion 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 purposes person may file informal objections to of this section, citizens agreements in- the grant. Such objections may be sub- clude agreements arising whenever a mitted in letter form (without extra petition to deny or informal objection copies) and shall be signed. The limita- has been filed against any application tion on pleadings and time for filing and the filing party seeks to dismiss or pleadings provided for in § 1.45 of the withdraw the petition or objection in rules shall not be applicable to any ob- exchange for nonfinancial consider- jections duly filed under this section. ation (e.g., programming, ascertain- [44 FR 38507, July 2, 1979] ment or employment initiatives). The parties to such an agreement must file § 73.3588 Dismissal of petitions to deny with the Commission a joint request or withdrawal of informal objec- for approval of the agreement, a copy tions. of any written agreement, and an affi- (a) Whenever a petition to deny or an davit executed by each party setting informal objection has been filed 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 request for approval of the dismissal or the citizens’ agreement other than le- withdrawal, a copy of any written gitimate and prudent expenses incurred agreement related to the dismissal or in prosecuting the petition to deny; withdrawal, and an affidavit setting (2) Certification that neither the pe- forth: titioner, nor any person or organiza- (1) A certification that neither the tion related to petitioner is or will be petitioner nor its principals has re- involved in carrying out, for a fee, any ceived or will receive any money or programming, ascertainment, employ- other consideration in excess of legiti- ment or other non-financial initiative mate and prudent expenses in exchange referred to in the citizens’ agreement; for the dismissal or withdrawal of the and petition to deny; (3) The terms of any oral agreement. (2) The exact nature and amount of (c) For the purposes of this section: any consideration received or prom- (1) Affidavits filed pursuant to this ised; section shall be executed by the appli- (3) An itemized accounting of the ex- cant, permittee or licensee, if an indi- penses for which it seeks reimbursement; and vidual; a partner having personal (4) The terms of any oral agreement knowledge of the facts, if a partner- related to the dismissal or withdrawal ship; or an officer having personal of the petition to deny. knowledge of the facts, if a corporation In addition, within 5 days of peti- or association. tioner’s request for approval, each re- (2) A petition shall be deemed to be maining party to any written or oral pending before the Commission from agreement must submit an affidavit the time a petition is filed with the setting forth:

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Commission until an order of the Com- (2) Certification that unless such ar- mission granting or denying the peti- rangement has been specifically ap- tion is no longer subject to reconsider- proved by the Commission, neither the ation by the Commission or to review would-be petitioner, nor any person or by any court. organization related to the would-be (3) ‘‘Legitimate and prudent ex- petitioner, is or will be involved in car- penses’’ are those expenses reasonably rying out, for a fee, any programming incurred by a petitioner in preparing, ascertainment, employment or other filing, and prosecuting its petition for nonfinancial initiative referred to in which reimbursement is being sought. the citizens’ agreement; and (4) ‘‘Other consideration’’ consists of (3) The terms of any oral agreement. financial concessions, including but (c) For purposes of this section: not limited to the transfer of assets or (1) Affidavits filed pursuant to this the provision of tangible pecuniary section shall be executed by the li- benefit, as well as non-financial con- censee, if an individual; a partner hav- cessions that confer any type of benefit ing personal knowledge of the facts, if on the recipient. a partnership; or an officer having personal knowledge of the facts, if a cor- [54 FR 22598, May 25, 1989. Redesignated and poration or association. amended at 55 FR 28914, July 16, 1990] (2) ‘‘Legitimate and prudent expenses’’ 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 (a) No person shall make or receive reimbursement is being sought. any payments in exchange for with- (3) ‘‘Other consideration’’ consists of drawing a threat to file or refraining financial concessions, including but from filing a petition to deny or an in- not limited to the transfer of assets or formal objection. For the purposes of the provision of tangible pecuniary this section, reimbursement by an ap- benefit, as well as non-financial con- plicant of the legitimate and prudent cessions that confer any type of benefit expenses of a potential petitioner or on the recipient. 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 to deny or informal objection, the li- material question of fact and meets the censee must file with the Commission a following requirements: copy of any written agreement related (1) There is not pending a mutually to the dismissal or withdrawal, and an exclusive application filed in accord- affidavit setting forth: ance with paragraph (b) of this section; (1) Certification that neither the (2) The applicant is legally, tech- would-be petitioner, nor any person or nically, financially, and otherwise organization related to the would-be qualified; petitioner, has received or will receive (3) The applicant is not in violation any money or other consideration in of provisions of law, the FCC rules, or connection with the citizens’ agree- established policies of the FCC; and ment other than legitimate and pru- (4) A grant of the application would dent expenses reasonably incurred in otherwise serve the public interest, preparing to file the petition to deny; convenience and necessity.

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(b) In making its determinations pur- (1) That some or all of the applica- suant to the provisions of paragraph (a) tions were not filed in good faith but of this section, the FCC will not con- were filed for the purpose of delaying sider any other application, or any ap- or hindering the grant of another appli- plication if amended so as to require a cation; or new file number, as being mutually ex- (2) That public interest requires the clusive or in conflict with the applica- prompt establishment of broadcast tion under consideration unless such service in a particular community or other application was substantially area; or complete, and tendered for filing by: (3) That a grant of one or more appli- (1) The close of business on the day cations would be in the public interest, preceding the day designated by Public and that a delay in making a grant to Notice as the day the listed application any applicant until after the conclu- is to be available and ready for proc- sion of a hearing on all applications essing; might jeopardize the rights of the (2) The date prescribed in § 73.3516(e) United States under the provisions of in the case of applications which are international agreement to the use of mutually exclusive with applications the frequency in question; or for renewal of license of broadcast sta- (4) That a grant of one application tions; or would be in the public interest, and 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 have been afforded a reasonable oppor- [44 FR 38507, July 2, 1979, as amended at 50 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 service pending operation by the suc- (a) Where a grant of an application cessful applicant under the terms of a would preclude the grant of any appli- regular authorization; the effect, if cation or applications mutually exclu- any, of a grant on the position of any sive with it, the FCC may, if the public applicant which is not a member of the interest will be served thereby, make a group; and any other factors which are conditional grant of one of the applica- deemed pertinent to the public interest tions and designate all of the mutually judgment. exclusive applications for hearing. Such conditional grant will be made [44 FR 38507, July 2, 1979] upon the express condition that such grant is subject to being withdrawn if, § 73.3593 Designation for hearing. at the hearing, it is shown that public If the FCC is unable, in the case of interest will be better served by a any application for an instrument of grant of one of the other applications. authorization, to make the findings Such conditional grants will be issued specified in § 73.3591(a), it will formally only where it appears: designate the application for hearing

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on the grounds or reasons then obtain- given at least twice a week for 2 con- ing and will forthwith notify the appli- secutive weeks within the 3-week pe- cant and all known parties in interest riod immediately following the release of such action and the grounds and rea- of the FCC’s orders, specifying the time sons therefor, specifying with particu- and place of the commencement of the larity the matters and things in issue hearing in the daily newspaper having but not including issues or require- the greatest general circulation in the ments phrased generally. If, however, community in which the station is lo- the issue to be resolved is limited to cated or proposed to be located. the mutual exclusivity of applications (2) In the case of an application for a for initial authorizations or for major permit pursuant to Section 325(c) of changes to existing stations, that mu- the Communications Act, the notice tual exclusivity shall be resolved pur- shall be given at least twice a week for suant to competitive bidding proce- 2 consecutive weeks within the 3-week dures identified in subpart I (unre- period immediately following release of served channels) or point system proce- the FCC’s order, specifying the time dures identified in subpart K (reserved and place of the commencement of the channels). hearing in a daily newspaper of general [65 FR 36379, June 8, 2000] circulation in the largest city in the principal area to be served in the § 73.3594 Local public notice of des- United States by the foreign radio ignation for hearing. 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 station is proposed to be located. booster stations) is designated for (b) When an application which is sub- hearing, the applicant shall give notice ject to the provisions of § 73.3580 and of such designation as follows: Notice which seeks modification, assignment, shall be given at least twice a week, for transfer, or renewal of an operating 2 consecutive weeks within the 3-week broadcast station is designated for period immediately following release of hearing (except for applications for an the FCC’s order, specifying the time International broadcast, low power TV, and place of the commencement of the TV translator, FM translator, or FM hearing, in a daily newspaper of gen- booster stations), the applicant shall, eral circulation published in the com- in addition to giving notice of such des- munity in which the station is located ignation as provided in paragraph (a) of or proposed to be located. this section, cause the same notice to (1) However, if there is no such daily be broadcast over that station at least newspaper published in the commu- once daily for 4 days in the second nity, the notice shall be given as fol- week immediately following the re- lows: lease of the FCC’s order, specifying the (i) If one or more weekly newspapers time and place of the commencement of general circulation are published in of the hearing. In the case of both com- the community in which the station is mercial and noncommercial TV broad- located or proposed to be located, no- cast stations such notice shall be tice shall be given in such a weekly broadcast orally with the camera fo- newspaper once a week for 3 consecu- cused on the announcer. The notice re- tive weeks within the 4-week period quired by this paragraph shall be immediately following the release of broadcast during the following periods: the FCC’s order, specifying the time (1) For commercial TV stations, be- and place of the commencement of the tween 7:00 p.m. and 10:00 p.m. hearing; (2) For commercial AM and FM sta- (ii) If no weekly newspaper of general tions, between 7:00 a.m. and 10:00 a.m., circulation is published in the commu- but if such stations do not operate dur- nity in which the station is located or ing those hours, then between 6:00 p.m. proposed to be located, notice shall be and 9:00 p.m.

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(3) For noncommercial educational (1) Immediately preceding the listing TV stations, between 7:00 p.m. and 10:00 of the issues in the hearing: p.m., but if the period of broadcast of notice falls within a portion of the year The application of this station for a renewal of its license to operate this station in during which such stations do not the public interest was tendered for filing broadcast, then such stations need not with the Federal Communications Commis- comply with the provisions of this sion on (date). After considering this applica- paragraph. tion, the FCC has determined that it is nec- (4) For noncommercial educational essary to hold a hearing to decide the fol- AM and FM stations, between 3:00 p.m. lowing questions: and 10:00 p.m., but if the period of (2) Immediately following the listing broadcast of notice falls within a por- of the issues in the hearing: tion of the year during which such stations do not broadcast, then such sta- The hearing will be held at (place of hear- tions need not comply with the provi- ing) commencing at (time), on (date). Mem- sions of this paragraph. 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, Washington, DC 20554, not later than (date). service which is located in the commu- Letters should set forth in detail the specific nity involved, or if it is a facts concerning which the writer wishes to noncommerical educational station, give evidence. If the FCC believes that the publication of the notice in a news- evidence is legally competent, material, and paper, as provided in paragraph (a) of relevant to the issues, it will contact the this section, is not required, and publi- person in question. cation by broadcast over that station (Here the applicant shall insert, as the as provided in paragraph (b) of this sec- date on or before which members of the pub- tion shall be deemed sufficient to meet lic who desire to give evidence should write to the FCC, the date 30 days after the date of the requirements of paragraphs (a) and release of the FCC’s order specifying the (b) of this section. However, non- time and place of the commencement of the commercial educational stations which hearing.) do not broadcast during the portion of 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: is proposed to be located. See §§ 73.3526 (1) The name of the applicant or ap- and 73.3527. plicants designated for hearing. (e) When an application for renewal (2) The call letters, if any, of the sta- of license is designated for hearing, the tion or stations involved, the output notice shall contain the following addi- channel or channels of such stations, tional statements: and, for any rebroadcasting, the call

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letters, channel and location of the sta- ment of a broadcast construction per- tion or stations being or proposed to be mit or license or for a transfer of con- rebroadcast. trol of a corporate permittee or li- (3) The time and place of the hearing. censee, it appears that the station in- (4) The issues in the hearing as listed volved has been operated on-air by the in the FCC’s order or summary of des- current licensee or permittee for less ignation for hearing. than one year, the application will be (5) If the application is for renewal of designated for hearing on appropriate license, the notice shall contain, in ad- issues unless the FCC is able to find dition to the information required by that: paragraphs (f) (1) through (4) of this (1) The permit or license was not au- section, the statements required by thorized either through the Minority paragraph (e) of this section. Ownership Policy or after a compara- (g) Within 7 days of the last day of tive hearing or, in the case of low publication or broadcast of the notice power TV and TV translator stations, required by paragraphs (a) and (b) of the permit or license was not author- this section, the applicant shall file a ized after a lottery in which the per- statement in triplicate with the FCC mittee or licensee benefited from mi- setting forth the dates on which the nority or diversity preferences; notice was published, the newspaper in (2) The application involves an FM which the notice was published, the translator station or FM booster sta- text of the notice, and/or, where appli- tion only; cable, the date and time the notice was (3) The application involves a pro broadcast and the text thereof. When forma assignment or transfer of con- public notice is given by other means, trol; or as provided in pararaph (f) of this section, the applicant shall file, within 7 (4) The assignor or transferor has days of the giving of such notice, the made an affirmative factual showing, text of the notice, the means by which supported by affidavits of a person or it was accomplished, and the date persons with personal knowledge there- thereof. of, which establishes that, due to un- (h) The failure to comply with the availability of capital, to death or dis- provisions of this section is cause for ability of station principals, or to dismissal of an application with preju- other changed circumstances affecting dice. However, upon a finding that ap- the licensee or permittee occurring plicant has complied (or proposes to subsequent to the acquisition of the li- comply) with the provisions of Section cense or permit, FCC consent to the 311(a)(2) of the Communications Act, proposed assignment or transfer of con- and that the public interest, conven- trol will serve the public interest, con- ience and necessity will be served venience and necessity. thereby, the presiding officer may au- (5) the assignee or transferee has thorize an applicant, upon a showing of made an affirmative factual showing, special circumstances, to publish no- supported by affidavits of a person or tice in a manner other than that pre- persons with personal knowledge there- scribed by this section; may accept of, which established that the proposed publication of notice which does not transaction would involve an assign- conform strictly in all respects with ment or transfer to a minority-owned the provisions of this section; or may or minority controlled entity in fur- extend the time for publishing notice. therance of our Minority Ownership Policy. [44 FR 38508, July 2, 1979, as amended at 47 (b)(1) The commencement date of the FR 21495, May 18, 1982; 48 FR 9012, Mar. 3, 1983; 49 FR 38132, Sept. 27, 1984; 51 FR 19347, one-year period set forth in paragraph May 29, 1986; 52 FR 21686, June 9, 1987; 58 FR (a) of this section shall be the date on 51251, Oct. 1, 1993] which the station initiated program tests in accordance with § 73.1620 or § 73.3597 Procedures on transfer and § 74.14. assignment applications. (2) In determining whether the sta- (a) If, upon the examination of an ap- tion has been operating on-air for one plication for FCC consent to an assign- year, the FCC will calculate the period

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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 ably necessary toward placing the sta- made available to the station, up to tion in operation. the end of that period, which is propor- (3)(i) Applications for consent to the tionate to the seller’s equity share in assignment of a construction permit or the permittee, taking into account eq- transfer of control shall, in the case of uity capital, loan capital, and guaran- unbuilt stations, be accompanied by tees of interest and amortization pay- declarations both by the assignor (or ments for loan capital provided by the transferor) and by the assignee (or seller before the transfer or assign- transferee) that, except as clearly dis- ment. This condition will be satisfied: closed in detail in the applications, (i) In the case of equity capital: By there are no agreements or under- paid-in cash capital contributions pro- standings for reimbursement of the portionate to the seller’s equity share; seller’s expenses or other payments to (ii) In cases where any person who the seller, for the seller’s retention of has an equity interest in the permittee

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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) Except as provided in the last two review of the applications whether a sentences of this paragraph (a), each hearing is necessary to ensure compli- original construction permit for the ance with the above requirements. construction of a new TV, AM, FM or (iii) Compliance with the above re- International Broadcast; low power quirements will be subject to review by TV; low power FM; TV translator; TV the FCC at any time, either when con- booster; FM translator; or FM booster sidering subsequently filed applica- station, or to make changes in such ex- tions or whenever the FCC may other- isting stations, shall specify a period of wise find it desirable. three years from the date of issuance of (iv) Within 30 days after any time the original construction permit with- when a seller is required to provide eq- in which construction shall be com- uity or loan capital or execute guaran- pleted and application for license filed. tees, the permittee shall furnish the An eligible entity that acquires an FCC a written report containing suffi- issued and outstanding construction cient details as to the sources and permit for a station in any of the serv- amounts of equity capital paid in, loan ices listed in this paragraph (a) shall capital made available, or guarantees have the time remaining on the con- obtained as to enable the FCC to ascer- struction permit or eighteen months tain compliance with the above re- from the consummation of the assign- quirements. ment or transfer of control, whichever (v) No steps shall be taken by the is longer, within which to complete permittee to effectuate arrangements construction and file an application for for the provision of equity or loan cap- license. For purposes of the preceding ital from sources not previously identi- sentence, an ‘‘eligible entity’’ shall in- fied and disclosed to the FCC, until 30 clude any entity that qualifies as a days after the permittee has filed with small business under the Small Busi- the FCC a report of such arrangements ness Administration’s size standards

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for its industry grouping, as set forth TV (analog) facility to be vacated by in 13 CFR parts 121 through 201, at the June 12, 2009; time the transaction is approved by the (4) A request for international coordi- FCC, and holds: nation, with respect to a construction (1) 30 percent or more of the stock or permit for stations in the Low Power partnership interests and more than 50 FM service, on FM channels reserved percent of the voting power of the cor- for noncommercial educational use, poration or partnership that will hold and for noncommercial educational full the construction permit; or power television stations, has been (2) 15 percent or more of the stock or sent to Canada or Mexico on behalf of partnership interests and more than 50 the station and no response from the percent of the voting power of the cor- country affected has been received; or poration or partnership that will hold (5) Failure of a Commission-imposed the construction permit, provided that condition precedent prior to com- no other person or entity owns or con- mencement of operation. trols more than 25 percent of the out- (c) A permittee must notify the Com- standing stock or partnership inter- mission as promptly as possible and, in ests; or any event, within 30 days, of any perti- (3) More than 50 percent of the voting nent event covered by paragraph (b) of power of the corporation that will hold this section, and provide supporting the construction permit if such cor- documentation. All notifications must poration is a publicly traded company. be filed in triplicate with the Secretary (b) The period of construction for an and must be placed in the station’s original construction permit shall toll local public file. For authorizations to when construction is prevented by the construct stations in the Low Power following causes not under the control FM service, on FM channels reserved of the permittee: for noncommercial educational use, (1) Construction is prevented due to and for noncommercial educational full an act of God, defined in terms of nat- power television stations, the Commis- ural disasters (e.g., floods, tornados, sion will identify and grant an initial hurricanes, or earthquakes); period of tolling when the grant of a (2) The grant of the permit is the sub- construction permit is encumbered by ject of administrative or judicial re- administrative or judicial review under view (i.e., petitions for reconsideration the Commission’s direct purview (e.g., and applications for review of the grant petitions for reconsideration and appli- of a construction permit pending before cations for review of the grant of a con- the Commission and any judicial ap- struction permit pending before the peal of any Commission action there- Commission and any judicial appeal of on), or construction is delayed by any any Commission action thereon), a re- cause of action pending before any quest for international coordination court of competent jurisdiction relat- under paragraph (b)(4) of this section, ing to any necessary local, state or fed- or failure of a condition under para- eral requirement for the construction graph (b)(5) of this section. When a per- or operation of the station, including mit is encumbered by administrative any zoning or environmental require- or judicial review outside of the Com- ment; mission’s direct purview (e.g., local, (3) A request for international coordi- state, or non-FCC Federal require- nation, with respect to an original con- ments), the permittee is required to no- struction permit for a new DTV sta- tify the Commission of such tolling tion, has been sent to Canada or Mex- events. ico on behalf of the station and no re- (d) A permittee must notify the Com- sponse from the country affected has mission promptly when a relevant ad- been received, or the licensee or per- ministrative or judicial review is re- mittee is challenging the response solved. Tolling resulting from an act of from Canada or Mexico on the grounds God will automatically cease six that the facility as approved would not months from the date of the notifica- permit the station to serve the popu- tion described in paragraph (c) of this lation that is both approved by the section, unless the permittee submits Commission and served by the station’s additional notifications at six-month

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intervals detailing how the act of God the information contained in the appli- continues to cause delays in construc- cations and other papers specified in tion, any construction progress, and paragraph (b) of this section without the steps it has taken and proposes to the presentation of oral testimony. take to resolve any remaining impedi- Any party desiring to follow this proce- ments. For authorizations to construct dure should execute and file with the stations in the Low Power FM service, FCC a waiver in accordance with para- on FM channels reserved for non- graph (e) of this section, and serve cop- commercial educational use, and for ies on all other parties, or a joint waiv- noncommercial educational full power er may be filed by all the parties. Upon television stations, the Commission the receipt of waivers from all parties will cease the tolling treatment and to a proceeding, the FCC will decide notify the permittee upon resolution of whether the case is an appropriate one either: (1) Any encumbrance by administra- for determination without the presen- tive or judicial review of the grant of tation of oral testimony. If it is deter- the construction permit under the mined by the FCC that, notwith- Commission’s direct purview; standing the waivers, the presentation (2) The request for international co- of oral testimony is necessary, the par- ordination under paragraph (b)(4) of ties will be so notified and the case will this section; or be retained on the hearing docket. If (3) The condition on the commence- the FCC concludes that the case can ment of operations under paragraph appropriately be decided without the (b)(5) of this section. presentation of oral testimony, the (e) Any construction permit for record will be considered as closed as of which construction has not been com- the date the waivers of all the parties pleted and for which an application for were first on file with the FCC. license has not been filed, shall be (b) In all cases considered in accord- automatically forfeited upon expira- ance with this procedure, the FCC will tion without any further affirmative decide the case on the basis of the in- cancellation by the Commission. formation contained in the applica- [63 FR 70050, Dec. 18, 1998, as amended at 65 tions and in any other papers per- FR 7648, Feb. 15, 2000; 68 FR 12761, Mar. 17, taining to the applicants or applica- 2003; 69 FR 53352, Sept. 1, 2004; 73 FR 5684, tions which are open to public inspec- Jan. 30, 2008; 73 FR 28369, May 16, 2008; 74 FR tion and which were on file with the 8879, Feb. 27, 2009; 85 FR 7890, Feb. 12, 2020] FCC when the record was closed. The § 73.3601 Simultaneous modification FCC may call upon any party to fur- and renewal of license. nish any additional information which When an application is granted by the FCC deems necessary to a proper the FCC necessitating the issuance of a decision. Such information shall be modified license less than 60 days prior served upon all parties. The waiver pre- to the expiration date of the license viously executed by the parties shall be sought to be modified, and an applica- considered in effect unless within 10 tion for renewal of the license is grant- days of the service of such information ed subsequent or prior thereto (but the waiver is withdrawn. within 30 days of expiration of the (c) Any decision by the FCC rendered present license), the modified license pursuant to this section will be in the as well as the renewal license shall be nature of a final decision, unless other- issued to conform to the combined ac- wise ordered by the FCC. tion of the FCC. (d) By agreeing to the waiver proce- [44 FR 38511, July 2, 1979] dure prescribed in this section, no party shall be deemed to waive the § 73.3603 Special waiver procedure rel- right to petition for reconsideration or ative to applications. rehearing, or to appeal to the courts (a) In the case of any broadcast appli- from any adverse final decision of the cations designated for hearing, the par- FCC. ties may request the FCC to grant or (e) The waiver provided for by this deny an application upon the basis of section shall be in the following form:

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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 pre- Each licensee or permittee of a com- scribed in § 73.3603 of the FCC’s rules and reg- mercially or noncommercially oper- ulations. It is understood that all the terms and provisions of llll are incorporated in ated AM, FM, TV, Class A TV or Inter- this waiver. national Broadcast station with five or more full-time employees shall file an [44 FR 38511, July 2, 1979] annual employment report with the FCC on or before September 30 of each § 73.3605 Retention of applications in hearing status after designation for year on FCC Form 395–B. hearing. NOTE TO § 73.3612: Data concerning the gen- (a) After an application for a broad- der, race and ethnicity of a broadcast sta- cast facility is designated for hearing, tion’s workforce collected in the annual employment report will be used only for pur- it will be retained in hearing status poses of analyzing industry trends and mak- upon the dismissal or amendment and ing reports to Congress. Such data will not removal from hearing of any other ap- be used for the purpose of assessing any as- plication or applications with which it pect of an individual broadcast licensee’s has been consolidated for hearing. compliance with the equal employment op- (b) Where any applicants for a broad- portunity requirements of § 73.2080. cast facility file a request pursuant to [69 FR 34954, June 23, 2004] § 73.3525(a) for approval of an agreement to remove a conflict between their ap- § 73.3613 Availability to FCC of station plications, the applications will be re- contracts. tained in hearing status pending such Each licensee or permittee of a com- proceedings on the joint request as mercial or noncommercial AM, FM, TV may be ordered and such action there- or International broadcast station on as may be taken. shall provide the FCC with copies of (1) If further hearing is not required the following contracts, instruments, on issues other than those arising out and documents together with amend- of the agreement, the proceeding shall ments, supplements, and cancellations be terminated and appropriate disposi- (with the substance of oral contracts tion shall be made of the applications. reported in writing), within 7 days of a (2) Where further hearing is required request by the FCC. on issues unrelated to the agreement, (a) Network service: Network affili- the presiding officer shall continue to ation contracts between stations and conduct the hearing on such other networks will be reduced to writing issues pending final action on the and filed upon request as follows: agreement, but the record in the pro- (1) All network affiliation contracts, ceeding shall not be closed until such agreements, or understandings between final action on the agreement has been a TV broadcast or low power TV sta- taken. tion and a national network. For the (3) In any case where a conflict be- purposes of this paragraph the term tween applications will be removed by network means any person, entity, or an agreement for an engineering corporation which offers an inter- amendment to an application, the connected program service on a regular amended application shall be removed basis for 15 or more hours per week to from hearing status upon final ap- at least 25 affiliated television licens- proval of the agreement and accept- ees in 10 or more states; and/or any per- ance of the amendment. son, entity, or corporation controlling, (c) An application for a broadcast fa- controlled by, or under common con- cility which has been designated for trol with such person, entity, or cor- hearing and which is amended so as to poration. eliminate the need for hearing or fur- (2) Each such filing shall consist of ther hearing on the issues specified, all of the terms and conditions of such

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contract, agreement or understanding, showing the number of such proxies, by including any other paper or document whom given and received, and the per- incorporated by reference or otherwise. centage of outstanding stock rep- (b) Ownership or control: Contracts, resented by each proxy shall be sub- instruments or documents relating to mitted by the licensee or permittee if the present or future ownership or con- the stock covered by such proxies has trol of the licensee or permittee or of been voted. However, when the licensee the licensee’s or permittee’s stock, or permittee is a corporation having rights or interests therein, or relating more than 50 stockholders, such com- to changes in such ownership or con- plete information need be filed only trol shall include but are not limited to with respect to proxies given by stock- the following: holders who are officers or directors, or (1) Articles of partnership, associa- who have 1% or more of the corporation, and incorporation, and changes in tion’s voting stock. When the licensee such instruments; or permittee is a corporation having (2) Bylaws, and any instruments ef- more than 50 stockholders and the fecting changes in such bylaws; stockholders giving the proxies are not (3) Any agreement, document or in- officers or directors or do not hold 1% strument providing for the assignment or more of the corporation’s stock, the of a license or permit, or affecting, di- only information required to be filed is rectly or indirectly, the ownership or the name of any person voting 1% or voting rights of the licensee’s or per- more of the stock by proxy, the num- mittee’s stock (common or preferred, ber of shares voted by proxy by such voting or nonvoting), such as: person, and the total number of shares (i) Agreements for transfer of stock; voted at the particular stockholders’ (ii) Instruments for the issuance of meeting in which the shares were voted new stock; or by proxy. (iii) Agreements for the acquisition (5) Mortgage or loan agreements con- of licensee’s or permittee’s stock by taining provisions restricting the li- the issuing licensee or permittee cor- censee’s or permittee’s freedom of op- poration, pledges, trust agreements or eration, such as those affecting voting abstracts thereof, options to purchase rights, specifying or limiting the stock and other executory agreements. amount of dividends payable, the pur- Should the FCC request an abstract of chase of new equipment, or the mainte- the trust agreement in lieu of the trust nance of current assets. agreement, the licensee or permittee (6) Any agreement reflecting a will submit the following information change in the officers, directors or concerning the trust: stockholders of a corporation, other (A) Name of trust; than the licensee or permittee, having (B) Duration of trust; an interest, direct or indirect, in the li- (C) Number of shares of stock owned; censee or permittee as specified by (D) Name of beneficial owner of § 73.3615. stock; (7) Agreements providing for the as- (E) Name of record owner of stock; signment of a license or permit or (F) Name of the party or parties who agreements for the transfer of stock have the power to vote or control the filed in accordance with FCC applica- vote of the shares; and tion Forms 314, 315, 316 need not be re- (G) Any conditions on the powers of submitted pursuant to the terms of voting the stock or any unusual char- this rule provision. acteristics of the trust. (c) Personnel: (1) Management con- (4) Proxies with respect to the licens- sultant agreements with independent ee’s or permittee’s stock running for a contractors; contracts relating to the period in excess of 1 year, and all prox- utilization in a management capacity ies, whether or not running for a period of any person other than an officer, di- of 1 year, given without full and de- rector, or regular employee of the li- tailed instructions binding the nomi- censee or permittee; station manage- nee to act in a specified manner. With ment contracts with any persons, respect to proxies given without full whether or not officers, directors, or and detailed instructions, a statement regular employees, which provide for

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both a percentage of profits and a shar- ership report is filed. The information ing in losses; or any similar agree- provided on each ownership report ments. shall be current as of October 1 of the (2) The following contracts, agree- year in which the ownership report is ments, or understandings need not be filed. A Respondent with a current and filed: Agreements with persons regu- unamended biennial ownership report larly employed as general or station (i.e., an ownership report that was filed managers or salesmen; contracts with pursuant to this subsection) on file program managers or program per- with the Commission that is still accu- sonnel; contracts with attorneys, ac- rate and which was filed using the countants or consulting radio engi- version of FCC Form 323 that is current neers; contracts with performers; con- on October 1 of the year in which its bi- tracts with station representatives; contracts with labor unions; or any ennial ownership report is due may similar agreements. electronically validate and resubmit (d) Other agreements: Subchannel its previously filed biennial ownership leasing agreements for Subsidiary report. Communications Authorization oper- (b)(1) Each permittee of a commer- ation; franchise/leasing agreements for cial AM, FM or TV broadcast station operation of telecommunications serv- and any entity that holds an interest ices on the television vertical blanking in the permittee that is attributable interval and in the visual signal; time pursuant to § 73.3555 (each a ‘‘Respond- sales contracts with the same sponsor ent’’) shall file an ownership report on for 4 or more hours per day, except FCC Form 323 within 30 days of the where the length of the events (such as date of grant by the FCC of an applica- athletic contests, musical programs tion by the permittee for original con- and special events) broadcast pursuant struction permit. Each ownership re- to the contract is not under control of port shall provide all information re- the station; and contracts with chief quired by, and comply with all require- operators or other engineering per- ments set forth in, the version of FCC sonnel. Form 323 (including all instructions for [44 FR 38512, July 2, 1979, as amended at 47 the form and schedule) that is current FR 21496, May 18, 1982; 50 FR 4664, Feb. 1, on the date on which the ownership re- 1985; 50 FR 30951, July 31, 1985; 51 FR 9966, port is filed. Mar. 24, 1986; 51 FR 15785, Apr. 28, 1986; 57 FR 18093, Apr. 29, 1992; 57 FR 42706, Sept. 16, 1992; (2) Except as specifically noted 61 FR 36305, July 10, 1996; 63 FR 70050, Dec. 18, below, each permittee of a commercial 1998; 64 FR 50646, Sept. 17, 1999; 66 FR 9972, AM, FM or TV broadcast station and Feb. 13, 2001; 68 FR 46358, Aug. 5, 2003; 79 FR any entity that holds an interest in the 29006, May 20, 2014; 83 FR 757, Jan. 8, 2018; 83 permittee that is attributable pursuant FR 85558, Dec. 21, 2018] to § 73.3555 (each a ‘‘Respondent’’) shall § 73.3615 Ownership reports. file an ownership report on FCC Form 323 on the date that the permittee ap- (a) The Ownership Report for Com- plies for a station license. Each owner- mercial Broadcast Stations (FCC Form ship report shall provide all informa- 323) must be filed electronically every two years by each licensee of a com- tion required by, and comply with all mercial AM, FM, or TV broadcast sta- requirements set forth in, the version tion and any entity that holds an inter- of FCC Form 323 (including all instruc- est in the licensee that is attributable tions for the form and schedule) that is pursuant to § 73.3555 (each a ‘‘Respond- current on the date on which the own- ent’’). The ownership report shall be ership report is filed. If a Respondent filed by December 1 in all odd-num- has a current and unamended owner- bered years. Each ownership report ship report on file with the Commis- shall provide all information required sion that was filed pursuant to para- by, and comply with all requirements graphs (b)(1) or (c) of this section, was set forth in, the version of FCC Form submitted using the version of FCC 323 (including all instructions for the Form 323 that is current on the date on form and schedule) that is current on which the ownership report due pursu- October 1 of the year in which the own- ant to paragraph(b)(2) is filed, and is

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

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(g) A copy of all ownership and sup- ing bid, as defined in § 1.2200(d) of this plemental ownership reports and re- chapter, was submitted, or a broadcast lated materials filed pursuant to this television station for which a winning section shall be maintained and made license relinquishment bid, as defined available for public inspection in the in § 1.2200(g) of this chapter, was sub- online public inspection file as required mitted where the station licensee exe- by §§ 73.3526 and 73.3527. cutes and implements a post-auction [44 FR 38513, July 2, 1979, as amended at 49 channel sharing agreement. FR 19498, May 8, 1984; 50 FR 27450, July 3, (4) Channel sharer station. For pur- 1985; 50 FR 40016, Oct. 1, 1985; 53 FR 2499, Jan. poses of this section, channel sharer sta- 28, 1988; 53 FR 5684, Feb. 25, 1988; 63 FR 70050, tion means a broadcast television sta- Dec. 18, 1998; 66 FR 9973, Feb. 13, 2001; 66 FR tion that shares its television channel 12897, Mar. 1, 2001; 74 FR 25168, May 27, 2009; with a channel sharee. 74 FR 56134, Oct. 30, 2009; 81 FR 19459, Apr. 4, 2016; 82 FR 55771, Nov. 24, 2017; 85 FR 21078, (5) Channel sharing agreement (CSA). Apr. 16, 2020] For purposes of this section, channel sharing agreement or CSA means an exe- § 73.3617 Information available on the cuted agreement between the licensee internet. of a channel sharee station or stations The Media Bureau and each of its Di- and the licensee of a channel sharer visions provide information on the station governing the use of the shared internet regarding rules and policies, television channel. pending and completed rulemakings, (6) High-VHF-to-Low-VHF station. For and pending applications. These sites purposes of this section, High-VHF-to- also include copies of public notices Low-VHF station means a broadcast tel- and texts of recent decisions. The evision station for which a winning Media Bureau’s address is http:// high-VHF-to-low-VHF bid, as defined www.fcc.gov/mb/; the Audio Division’s in § 1.2200(f) of this chapter, was sub- address is http://www.fcc.gov/mb/audio; mitted. the Video Division’s address is http:// (7) License relinquishment station. For www.fcc.gov/mb/video; the Policy Divi- purposes of this section, license relin- sion’s address is http://www.fcc.gov/mb/ quishment station means a broadcast policy; and the Industry Analysis Divi- television station for which a winning sion’s address is http://www.fcc.gov/mb/ license relinquishment bid, as defined industrylanalysis. in § 1.2200(g) of this chapter, was sub- [85 FR 58297, Sept. 18, 2020] mitted. (8) MVPD. For purposes of this sec- § 73.3700 Post-incentive auction licens- tion, MVPD means a person such as, ing and operation. but not limited to, a cable operator, a (a) Definitions—(1) Broadcast television multichannel multipoint distribution station. For purposes of this section, service, a direct broadcast satellite broadcast television station means full service, or a television receive-only power television stations and Class A satellite program distributor, who television stations. makes available for purchase, by sub- (2) Channel reassignment public notice. scribers or customers, multiple chan- For purposes of this section, Channel nels of video programming as set forth Reassignment Public Notice means the in section 602 of the Communications public notice to be released upon the Act of 1934 (47 U.S.C. 522). completion of the broadcast television (9) Pre-auction channel. For purposes spectrum incentive auction conducted of this section, pre-auction channel under section 6403 of the Spectrum Act means the channel that is licensed to a specifying the new channel assign- broadcast television station on the ments and technical parameters of any date that the Channel Reassignment broadcast television stations that are Public Notice is released. reassigned to new channels. (10) Predetermined cost estimate. For (3) Channel sharee station. For pur- purposes of this section, predetermined poses of this section, channel sharee sta- cost estimate means the estimated cost tion means a broadcast television sta- of an eligible expense as generally de- tion for which a winning channel shar- termined by the Media Bureau in a

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catalog of expenses eligible for reim- Form 2100 Schedule A (for a full power bursement. station) or E (for a Class A station) (11) Post-auction channel. For pur- within three months of the release date poses of this section, post-auction chan- of the Channel Reassignment Public nel means the channel specified in the Notice. Licensees that are unable to Channel Reassignment Public Notice meet this filing deadline may request a or a channel authorized by the Media waiver of the deadline no later than 30 Bureau in a construction permit issued days prior to the deadline. after the date that the Channel Reas- (ii) A licensee of a reassigned station signment Public Notice is released that is reassigned from one channel to under the procedures set forth in para- a different channel within its existing graph (b) of this section. band will be permitted to propose (12) Reassigned station. For purposes transmission facilities in its construc- of this section, a reassigned station tion permit application that will ex- means a broadcast television station tend its coverage contour, as defined that is reassigned to a new channel in by the technical parameters specified the Channel Reassignment Public No- in the Channel Reassignment Public tice, not including channel sharing sta- Notice, if such facilities: tions, UHF-to-VHF stations, or High- (A) Are necessary to achieve the cov- VHF-to-Low-VHF stations. erage contour specified in the Channel (13) Reimbursement period. For pur- Reassignment Public Notice or to ad- poses of this section, reimbursement pe- dress loss of coverage area resulting riod means the period ending three from the new channel assignment; years after the completion of the for- (B) Will not extend a full power tele- ward auction pursuant to section vision station’s noise limited contour 6403(b)(4)(D) of the Spectrum Act. or a Class A television station’s pro- (14) Spectrum Act. The term Spectrum tected contour by more than one per- Act means Title VI of the Middle Class cent in any direction; and Tax Relief and Job Creation Act of 2012 (Pub. L. 112–96). (C) Will not cause new interference, (15) Transitioning station. For pur- other than a rounding tolerance of 0.5 poses of this section, a transitioning sta- percent, to any other broadcast tele- tion means a: vision station. (i) Reassigned station, (iii) The licensee of a UHF-to-VHF (ii) UHF-to-VHF station, station or High-VHF-to-Low-VHF sta- (iii) High-VHF-to-Low-VHF station, tion will be permitted to propose trans- (iv) License relinquishment station, mission facilities in its construction or permit application that will extend its (v) A channel sharee or sharer sta- coverage contour, as defined by the tion. technical parameters specified in the (16) TV broadcaster relocation fund. Channel Reassignment Public Notice, For purposes of this section, the TV if the proposed facility will not cause Broadcaster Relocation Fund means the new interference, other than a round- fund established by section 6403(d)(1) of ing tolerance of 0.5 percent, to any the Spectrum Act. other broadcast television station. (17) UHF-to-VHF station. For purposes (iv) Priority filing window. (A) The li- of this section, UHF-to-VHF station censee of a reassigned station, a UHF- means a television station for which a to-VHF station, or a High-VHF-to- winning UHF-to-VHF bid, as defined in Low-VHF station that, for reasons be- § 1.2200(l) of this chapter, was sub- yond its control, is unable to construct mitted. facilities that meet the technical pa- (b) Post-auction licensing—(1) Con- rameters specified in the Channel Re- struction permit applications. (i) Licens- assignment Public Notice, or the per- ees of reassigned stations, UHF-to-VHF missible contour coverage variance stations, and High-VHF-to-Low-VHF from those technical parameters speci- stations must file a minor change ap- fied in paragraph (b)(1)(ii) or (iii) of plication for a construction permit for this section, may request a waiver of the channel specified in the Channel the construction permit application Reassignment Public Notice using FCC deadline specified in paragraph (b)(1)(i)

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no later than 30 days prior to the dead- copy of the executed channel sharing line. If its waiver request is granted, agreement. the licensee will be afforded an oppor- (2) Applications for alternate channels tunity to submit an application for a and expanded facilities— construction permit pursuant to para- (i) Alternate channels. The licensee of graph (b)(2)(i) or (ii) of this section in a a reassigned station, a UHF-to-VHF priority filing window to be announced station, or a High-VHF-to-Low-VHF by the Media Bureau by public notice. station, or a broadcast television sta- (B) The licensee of any broadcast tel- tion described in paragraph (b)(1)(iv)(B) evision station that the Commission of this section will be permitted to file makes all reasonable efforts to pre- a major change application for a con- serve pursuant to section 6403(b)(2) of struction permit for an alternate chan- the Spectrum Act that is predicted to nel on FCC Form 2100 Schedules A (for experience a loss in population served a full power station) and E (for a Class in excess of one percent as a result of A station) during a filing window to be the repacking process, either because announced by the Media Bureau by of new station-to-station interference public notice, provided that: or terrain loss resulting from a new (A) The licensee of a UHF-to-VHF channel assignment (or a combination station cannot request an alternate of both), will be afforded an oppor- UHF channel; tunity to submit an application for a (B) The licensee of a UHF-to-VHF construction permit pursuant to para- station that specified the high-VHF graph (b)(2)(i) or (ii) of this section in band or the low-VHF band in its UHF- the priority filing window required by to-VHF bid cannot request a VHF paragraph (b)(1)(iv)(A) of this section. channel outside of the assigned band; (v) Construction permit applications and filed pursuant to paragraph (b)(1)(i) of (C) The licensee of a High-VHF-to- this section will be afforded expedited Low-VHF station cannot request an al- processing if the application: ternate high-VHF channel. (A) Does not seek to expand the cov- (ii) Expanded facilities. The licensee of erage area, as defined by the technical a reassigned station, a UHF-to-VHF parameters specified in the Channel station, or a High-VHF-to-Low-VHF Reassignment Public Notice, in any di- station, or a broadcast television sta- rection; tion described in paragraph (b)(1)(iv)(B) (B) Seeks authorization for facilities of this section will be permitted to file that are no more than five percent a minor change application for a con- smaller than those specified in the struction permit on FCC Form 2100 Channel Reassignment Public Notice Schedules A (for a full power station) with respect to predicted population and E (for a Class A station) during a served; and filing window to be announced by the (C) Is filed within the three-month Media Bureau by public notice, in order deadline specified in paragraph (b)(1)(i) to request a change in the technical pa- of this section. rameters specified in the Channel Re- (vi) Delegation of authority. The Com- assignment Public Notice (or, in the mission delegates authority to the case of a broadcast television station Chief, Media Bureau to establish con- described in paragraph (b)(1)(iv)(B) of struction periods for reassigned sta- this section that is not reassigned to a tions, UHF-to-VHF stations, and High- new channel, a change in its authorized VHF-to-Low-VHF stations. technical parameters) with respect to (vii) Channel sharee stations must height above average terrain (HAAT), file a minor change application for a effective radiated power (ERP), or construction permit for the channel on transmitter location that would be which the channel sharer operates at considered a minor change under least sixty (60) days prior to the date § 73.3572(a)(1) and (2) or § 74.787(b) of this by which it must terminate operations chapter. on its pre-auction channel pursuant to (iii) Delegation of authority. The Com- paragraphs (b)(4)(i) and (ii) of this sec- mission delegates authority to the tion. The application must include a Chief, Media Bureau to:

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(A) Announce filing opportunities for (5) Applications for additional time to alternate channels and expanded facili- complete construction—(i) Delegation of ties applications and specifying appro- authority. Authority is delegated to the priate processing guidelines, including Chief, Media Bureau to grant a single the standards to qualify for priority fil- extension of time of up to six months ing, cut-off protections, and means to to licensees of reassigned stations, avoid or resolve mutual exclusivity be- UHF-to-VHF stations, and High-VHF- tween applications; and to-Low-VHF stations to complete con- (B) Establish construction periods for struction of their post-auction channel permits authorizing alternate channels upon demonstration by the licensee or expanded facilities. that failure to meet the construction (3) License applications for channel deadline is due to circumstances that sharing stations. The licensee of each are either unforeseeable or beyond the channel sharee station and channel licensee’s control. Licensees needing sharer station must file an application additional time beyond such a single for a license for the shared channel extension of time to complete con- using FCC Form 2100 Schedule B (for a struction shall be subject to the tolling full power station) or F (for a Class A provisions in § 73.3598. station) within six months of the date (ii) Circumstances that may justify that the channel sharee station li- an extension of the construction dead- censee receives its incentive payment line of a licensee of a reassigned sta- pursuant to section 6403(a)(1) of the tion, a UHF-to-VHF station, or a High- Spectrum Act. VHF-to-Low-VHF station include but (4) Deadlines to terminate operations on are not limited to: pre-auction channels. (i) The licensee of (A) Weather-related delays, including a license relinquishment station must a tower location in a weather-sensitive comply with the notification and can- area; cellation procedures in § 73.1750 and ter- (B) Delays in construction due to the minate operations on its pre-auction unavailability of equipment or a tower channel within three months of the crew; date that the licensee receives its in- (C) Tower lease disputes; centive payment pursuant to section (D) Unusual technical challenges, 6403(a)(1) of the Spectrum Act. such as the need to construct a top- (ii) The licensee of a channel sharee mounted or side-mounted antenna or station and a licensee of a license re- the need to coordinate channel changes linquishment station that has indi- with another station; and cated in its Form 177 an intent to enter (E) Delays faced by licensees that into a post-auction channel sharing must obtain government approvals, agreement must comply with the noti- such as land use or zoning approvals, or fication and cancellation procedures in that are subject to competitive bidding § 73.1750 and terminate operations on requirements prior to purchasing its pre-auction channel within six equipment or services. months of the date that the licensee re- (iii) A licensee of a reassigned sta- ceives its incentive payment pursuant tion, UHF-to-VHF station, or High- to section 6403(a)(1) of the Spectrum VHF-to-Low-VHF station may rely on Act. ‘‘financial hardship’’ as a criterion for (iii) All reassigned stations, UHF-to- seeking an extension of time if it is VHF stations, and High-VHF-to-Low- subject to an active bankruptcy or re- VHF stations must cease operating on ceivership proceeding, provided that their pre-auction channel once such the licensee makes an adequate show- station begins operating on its posting that it has filed requests to proceed auction channel or by the deadline with construction in the relevant court specified in its construction permit for proceedings. Any other licensee that its post-auction channel, whichever oc- seeks an extension of time based on fi- curs earlier, and in no event later than nancial hardship must demonstrate the end of the post-auction transition that, although it is not subject to an period as defined in § 27.4 of this chap- active bankruptcy or receivership pro- ter. ceeding, rare and exceptional financial

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circumstances warrant granting addi- (ii) Each PSA must be provided in tional time to complete construction. the same language as a majority of the (iv) Applications for additional time programming carried by the to complete construction must be filed transitioning station; include the date electronically in CDBS using FCC that the station will terminate oper- Form 337 no less than 90 days before ations on its pre-auction channel; in- the expiration of the construction perform viewers of the need to rescan if mit. the station has received a new post- (c) Consumer education for auction channel assignment; explain transitioning stations. (1) License relin- how viewers may obtain more informa- quishment stations that operate on a tion by telephone or online; and for commercial basis will be required to stations with new post-auction channel air at least one Public Service An- assignments, provide instructions to nouncement (PSA) and run at least one both over-the-air and MVPD viewers crawl in every quarter of every day for regarding how to continue watching 30 days prior to the date that the sta- the television station; and be closed- tion terminates operations on its pre- captioned. auction channel. One of the required (6) Licensees of transitioning sta- PSAs and one of the required crawls tions, except for license relinquish- must be run during prime time hours ment stations, must place a certifi- (for purposes of this section, between cation of compliance with the require- 8:00 p.m. and 11:00 p.m. in the Eastern ments in paragraph (c) of this section and Pacific time zones, and between in their online public file within 30 7:00 p.m. and 10:00 p.m. in the Mountain days after beginning operations on and Central time zones) each day. their post-auction channels. Licensees (2) Noncommercial educational full of license relinquishment stations power television license relinquish- must include the certification in their ment stations may choose to comply notification of discontinuation of serv- with these requirements in paragraph ice pursuant to § 73.1750 of this chapter. (c)(1) of this section or may air 60 sec- (d) Notice to MVPDs. (1) Licensees of onds per day of on-air consumer edu- transitioning stations must provide no- cation PSAs for 30 days prior to the tice to MVPDs that: station’s termination of operations on (i) No longer will be required to carry its pre-auction channel. the station because it will cease oper- (3) Transitioning stations, except for ations or because of the relocation of a license relinquishment stations, must channel sharee station; air 60 seconds per day of on-air con- (ii) Currently carry and will continue sumer education PSAs or crawls for 30 to be obligated to carry a station that days prior to the station’s termination will have a new post-auction channel of operations on its pre-auction chan- assignment; or nel. (iii) Will become obligated to carry a (4) Transition crawls. (i) Each crawl station due to the relocation of a chan- must run during programming for no nel sharee station. less than 60 consecutive seconds across (2) The notice to MVPDs must be pro- the bottom or top of the viewing area vided in the form of a letter notifica- and be provided in the same language tion and must contain the following in- as a majority of the programming car- formation: ried by the transitioning station. (i) Date and time of any channel (ii) Each crawl must include the date changes; that the station will terminate oper- (ii) Pre-auction and post-auction ations on its pre-auction channel; in- channels; form viewers of the need to rescan if (iii) Modification (if any) to antenna the station has received a new post- position, location or power levels; auction channel assignment; and ex- (iv) Stream identification informa- plain how viewers may obtain more in- tion for channel sharing stations; and formation by telephone or online. (v) Engineering staff contact infor- (5) Transition PSAs. (i) Each PSA mation. must have a duration of at least 15 sec- (3) Should any of the information in onds. (d)(2) of this section change during the

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time that the station is transitioning (D) A channel sharee station. from its pre-auction to its post-auction (2) Estimated costs. (i) No later than channel, an amended notification must three months following the release of be sent. the Channel Reassignment Public No- (4) For cable systems, the notifica- tice, all broadcast television station li- tion letter must be addressed to the censees and MVPDs that are eligible to system’s official address of record pro- receive payment of relocation costs vided in the cable system’s most recent will be required to file an estimated filing in the Commission’s Cable Oper- cost form providing an estimate of ations and Licensing System (COALS) their reasonably incurred relocation Form 322. For all other MVPDs, the no- costs. tification letter must be addressed to (ii) Each broadcast television station the official corporate address reg- licensee and MVPD that submits an es- istered with their State of incorpora- timated cost form will be required to tion. certify, inter alia, that: (5) Notification letters must be sent (A) It believes in good faith that it within the following time frames: will reasonably incur all of the esti- (i) For license relinquishment sta- mated costs that it claims as eligible tions, not less than 30 days prior to ter- for reimbursement on the estimated minating operations; cost form; (ii) For channel sharee stations, not (B) It will use all money received less than 30 days prior to terminating from the TV Broadcaster Relocation operations of the pre-auction channel; Fund only for expenses it believes in (iii) For channel sharee and channel good faith are eligible for reimburse- sharer stations, not less than 30 days ment; prior to initiation of operations on the (C) It will comply with all policies shared channel; and and procedures relating to allocations, (iv) For reassigned stations, UHF-to- draw downs, payments, obligations, VHF stations, and High-VHF-to-Low- and expenditures of money from the VHF stations, not less than 90 days TV Broadcaster Relocation Fund; prior to the date on which they will (D) It will maintain detailed records, begin operations on their post-auction including receipts, of all costs eligible channel. for reimbursement actually incurred; (v) If a station’s anticipated transi- and tion date changes due to an unforeseen (E) It will file all required docu- delay or change in transition plan, the mentation of its relocation expenses as licensee must send a further notice to instructed by the Media Bureau. affected MVPDs informing them of the (iii) If a broadcast television station new anticipated transition date. licensee or MVPD seeks reimburse- (e) Reimbursement rules—(1) Entities el- ment for new equipment, it must pro- igible for reimbursement. The Commis- vide a justification as to why it is rea- sion will reimburse relocation costs sonable under the circumstances to reasonably incurred only by: purchase new equipment rather than (i) The licensees of full power and modify its corresponding current Class A broadcast television stations equipment in order to change channels that are reassigned under section or to continue to carry the signal of a 6403(b)(1)(B)(i) of the Spectrum Act, in- broadcast television station that cluding channel sharer stations that changes channels. are reassigned to a new channel in the (iv) Entities that submit their own Channel Reassignment Public Notice; cost estimates, as opposed to the pre- and determined cost estimates provided in (ii) MVPDs in order to continue to the estimated cost form, must submit carry the signal of a full power or Class supporting evidence and certify that A broadcast television station that is: the estimate is made in good faith. (A) Described in paragraph (e)(1)(i) of (3) Final Allocation Deadline. (i) Upon this section; completing construction or other reim- (B) A UHF-to-VHF station; bursable changes, or by a specific dead- (C) A High-VHF-to-Low-VHF station; line prior to the end of the Reimburse- or ment Period to be established by the

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Media Bureau, whichever is earlier, all (7) Delegation of authority. The Com- broadcast television station licensees mission delegates authority to the and MVPDs that received an initial al- Chief, Media Bureau, to adopt the nec- location from the TV Broadcaster Re- essary policies and procedures relating location Fund must provide the Com- to allocations, draw downs, payments, mission with information and docu- obligations, and expenditures of money mentation, including invoices and re- from the TV Broadcaster Relocation ceipts, regarding their actual expenses Fund in order to protect against waste, incurred as of a date to be determined fraud, and abuse and in the event of by the Media Bureau (the ‘‘Final Allo- bankruptcy, to establish a catalog of cation Deadline’’). expenses eligible for reimbursement (ii) If a broadcast television station and predetermined cost estimates, re- licensee or MVPD has not yet com- view the estimated cost forms, issue pleted construction or other reimburs- initial allocations for costs reasonably able changes by the Final Allocation incurred pursuant to section 6403(b)(4) Deadline, it must provide the Commis- of the Spectrum Act, set filing dead- sion with information and documenta- lines and review information and docu- tion regarding any remaining eligible mentation regarding progress reports, expenses that it expects to reasonably final allocations, and final account- incur. ings, and issue final allocations to re- (4) Final accounting. After completing imburse for costs reasonably incurred all construction or reimbursable pursuant to section 6403(b)(4) of the changes, broadcast television station Spectrum Act. licensees and MVPDs that have re- (f) Service rule waiver—(1) Waiver received money from the TV Broadcaster quests. (i) A broadcast television sta- Relocation Fund will be required to tion licensee described in paragraph submit final expense documentation (e)(1)(i) of this section may file a re- containing a list of estimated expenses quest with the Chief, Media Bureau for and actual expenses as of a date to be a waiver of the Commission’s service determined by the Media Bureau. Enti- rules pursuant to section 6403(b)(4)(B) ties that have finished construction of the Spectrum Act during a 30-day win- and have submitted all actual expense dow commencing upon the date that documentation by the Final Allocation the Channel Reassignment Public No- Deadline will not be required to file at tice is released. the final accounting stage. (ii) A broadcast television station li- (5) Progress reports. Broadcast tele- censee may request that a waiver be vision station licensees and MVPDs granted on a temporary or permanent that receive payment from the TV basis. Broadcaster Relocation Fund are re- (2) A licensee will have 10 days fol- quired to submit progress reports at a lowing a grant of the waiver to notify date and frequency to be determined by the Commission whether it accepts the the Media Bureau. terms of the waiver. (6) Documentation requirements. (i) (3) A licensee is required to meet all Each broadcast television station li- requirements for receiving payment of censee and MVPD that receives pay- relocation costs under section 6403(b)(4) ment from the TV Broadcaster Reloca- of the Spectrum Act established by the tion Fund is required to retain all rel- Commission, including the require- evant documents pertaining to con- ments of paragraph (e) of this section, struction or other reimbursable until its waiver request is granted and changes for a period ending not less the licensee accepts the terms of the than 10 years after the date on which it waiver. receives final payment from the TV (4) A licensee that is granted and ac- Broadcaster Relocation Fund. cepts the terms of the waiver or a li- (ii) Each broadcast television station censee with a pending waiver applica- licensee and MVPD that receives pay- tion must comply with all filing and ment from the TV Broadcaster Reloca- notification requirements, construction Fund must make available all rel- tion schedules, and other post-auction evant documentation upon request transition deadlines set forth in para- from the Commission or its contractor. graphs (b), (c), and (d) of this section.

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(g) Low Power TV and TV translator the low power TV or TV translator sta- stations. (1) Licensees of operating low tion to such operations within the power TV and TV translator stations wireless licensee’s licensed geographic that are displaced by a broadcast tele- service area. vision station or a wireless service pro- (ii) The new wireless licensees must: vider or whose channel is reserved as a (A) Notify the low power TV or TV guard band as a result of the broadcast translator station in the form of a let- television spectrum incentive auction ter, via certified mail, return receipt conducted under section 6403 of the requested; Spectrum Act shall be permitted to sub- (B) Indicate the date the new wireless mit an application for displacement re- licensee intends to commence oper- lief in a restricted filing window to be ations, as defined in § 27.4 of this chap- announced by the Media Bureau by ter, in areas where there is a likelihood public notice. Except as otherwise indi- of receiving harmful interference from cated in this section, such applications the low power TV or TV translator sta- will be subject to the rules governing tion; and displacement applications set forth in (C) Send such notification not less §§ 73.3572(a)(4) and 74.787(a)(4) of this than 120 days in advance of the com- chapter. mencement date. (2) In addition to other interference (iii) Low power TV and TV translator protection requirements set forth in stations may continue operating on the rules, when requesting a new chan- frequencies in the 600 MHz band as- nel in a displacement application, li- signed to wireless licensees under part censees of operating low power TV and 27 of this chapter until the wireless li- TV translator stations will be required censee commences operations, as de- to demonstrate that the station would fined in § 27.4 of this chapter, as indi- not cause interference to the predicted cated in the notification sent pursuant service of broadcast television stations to this paragraph. on: (iv) After receiving notification, the (i) Pre-auction channels; low power TV or TV translator licensee (ii) Channels assigned in the Channel must cease operating or reduce power Reassignment Public Notice; or in order to eliminate the potential for (iii) Alternative channels or ex- harmful interference before the com- panded facilities broadcast television mencement date set forth in the notifi- station licensees have applied for pur- cation. suant to paragraph (b)(2) of this sec- (v) Low power TV and TV translator tion. stations that are operating on the UHF (3) Mutually exclusive displacement ap- spectrum that is reserved for guard plications. Licensees of low power TV band channels as a result of the broad- and TV translator stations that file cast television incentive auction con- mutually exclusive displacement appli- ducted under section 6403 of the Spec- cations will be permitted to resolve the trum Act may continue operating on mutual exclusivity through an engi- such channels until the end of the post- neering solution or settlement agree- auction transition period as defined in ment. If no resolution of mutually ex- § 27.4 of this chapter, unless they re- clusive displacement applications oc- ceive notification from a new wireless curs, a selection priority will be grant- licensee pursuant to the requirements ed to the licensee of a displaced digital of paragraph (g)(4) of this section that replacement translator. they are likely to cause harmful inter- (4) Notification and termination provi- ference in areas where the wireless li- sions for displaced low power TV and TV censee intends to commence oper- translator stations. (i) A wireless li- ations, as defined in § 27.4 of this chap- censee assigned to frequencies in the ter, in which case the requirements of 600 MHz band under part 27 of this paragraph (g)(4) of this section will chapter must notify low power TV and apply. TV translator stations of its intent to (h) Channel sharing operating rules. (1) commence operations, as defined in Each broadcast television station li- § 27.4 of this chapter, and the likelihood censee that is a party to a CSA shall of receiving harmful interference from continue to be licensed and operated

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separately, have its own call sign, and NCE status and must continue to com- be separately subject to all of the Com- ply with § 73.621. mission’s obligations, rules, and poli- (iii) If the licensee of an NCE station cies applicable to the television serv- operating on a reserved channel under ice. § 73.621 becomes a party to a CSA, ei- (2) Upon termination of the license of ther as a channel sharee station or as a a party to a CSA, the spectrum usage channel sharer station, the portion of rights covered by that license may re- the shared television channel on which vert to the remaining parties to the the NCE station operates shall be re- CSA. Such reversion shall be governed served for NCE-only use. by the terms of the CSA in accordance (iv) The licensee of an NCE station with paragraph (h)(5)(i)(E) of this sec- operating on a reserved channel under tion. If upon termination of the license § 73.621 that becomes a party to a CSA of a party to a CSA only one party to may assign or transfer its shared li- the CSA remains, the remaining license only to an entity qualified under censee may file an application to § 73.621 as an NCE television licensee. change its license to non-shared status (5) Required CSA provisions. (i) CSAs using FCC Form 2100, Schedule B (for a must contain provisions outlining each full power licensee) or F (for a Class A licensee’s rights and responsibilities licensee). regarding: (3) Channel sharing between full power (A) Access to facilities, including television and Class A television stations. whether each licensee will have unre- (i) A CSA may be executed between li- strained access to the shared trans- censees of full power television sta- mission facilities; tions, between licensees of Class A tel- (B) Allocation of bandwidth within evision stations, and between licensees the shared channel; of full power and Class A television sta- (C) Operation, maintenance, repair, and modification of facilities, includ- tions. ing a list of all relevant equipment, a (ii) A Class A channel sharee station description of each party’s financial licensee that is a party to a CSA with obligations, and any relevant notice a full power channel sharer station li- provisions; censee must comply with the rules of (D) Transfer/assignment of a shared part 73 governing power levels and in- license, including the ability of a new terference, and must comply in all licensee to assume the existing CSA; other respects with the rules and poli- and cies applicable to Class A television (E) Termination of the license of a stations, as set forth in §§ 73.6000 et seq. party to the CSA, including reversion (iii) A full power channel sharee sta- of spectrum usage rights to the re- tion licensee that is a party to a CSA maining parties to the CSA. with a Class A channel sharer station (ii) CSAs must include provisions: licensee must comply with the rules of (A) Affirming compliance with the part 74 of this chapter governing power requirements in paragraph (h)(5) of this levels and interference. section and all relevant Commission (iv) A Class A channel sharee station rules and policies; and may qualify only for the cable carriage (B) Requiring that each channel shar- rights afforded to ‘‘qualified low power ing licensee shall retain spectrum television stations’’ in § 76.56(b)(3) of usage rights adequate to ensure a suffi- this chapter. cient amount of the shared channel ca- (4) Channel sharing between commercial pacity to allow it to provide at least and noncommercial educational television one Standard Definition (SD) program stations. (i) A CSA may be executed be- stream at all times. tween commercial and NCE broadcast (6) If the rights under a CSA are television station licensees. transferred or assigned, the assignee or (ii) The licensee of an NCE station the transferee must comply with the operating on a reserved channel under terms of the CSA. If the transferee or § 73.621 that becomes a party to a CSA, assignee and the licensees of the re- either as a channel sharee station or as maining channel sharing station or a channel sharer station, will retain its stations agree to amend the terms of

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the existing CSA, the agreement may quencies spectrally abut each other or be amended, subject to Commission ap- are separated by up to 5 MHz. proval. [79 FR 48539, Aug. 15, 2014, as amended at 79 (7) Preservation of carriage rights. A FR 76914, Dec. 23, 2014; 80 FR 46846, Aug. 6, channel sharee station that possessed 2015; 80 FR 67342, 67346, Nov. 2, 2015; 80 FR carriage rights under section 338, 614, 71743, Nov. 17, 2015; 81 FR 4975, Jan. 29, 2016] or 615 of the Communications Act of 1934 (47 U.S.C. 338; 534; 535) on Novem- § 73.3701 Reimbursement under the ber 30, 2010, shall have, at its shared lo- Reimbursement Expansion Act. cation, the carriage rights under such (a) Definitions—(1) Eligibility Certifi- section that would apply to such sta- cation/Reimbursement Form. For pur- tion at the shared location if it were poses of this section, the term Eligi- not sharing a channel. bility Certification/Reimbursement Form (i) A broadcast television station li- means the form(s) developed by the censed in the 600 MHz band, as that Media Bureau for processing reim- band is defined in section 27.5(l)— bursement requests under the Reim- (1) Shall not be permitted to modify bursement Expansion Act. its facilities, except as provided in (2) FM station. For purposes of this paragraph (b)(1)(ii) of this section, if section, the term FM station means an such modification will expand its noise ‘‘FM broadcast station’’ as defined in limited service contour (in the case of § 73.310. a full power station) or protected con- (3) Incentive Auction. For purposes of tour (in the case of a Class A station) this section, the term Incentive Auction in such a way as to: means the broadcast television spec- (i) Increase the potential of harmful trum incentive auction and repacking interference to a wireless licensee process conducted under section 6403 of which is co-channel or adjacent chan- the Spectrum Act specifying the new nel to the broadcast television station; channel assignments and technical pa- or rameters of any broadcast television stations that are reassigned to new (ii) Require such a wireless licensee channels. to restrict its operations in order to avoid causing harmful interference to (4) Licensed. For purposes of this section, the term licensed means a station the broadcast television station’s ex- that was licensed or that had an appli- panded noise limited service or pro- cation for a license to cover on file tected contour; with the Commission on April 13, 2017. (2) Shall be permitted to modify its (5) Low power television station. For facilities, even when prohibited by purposes of this section, the term low paragraph (i)(1) of this section, if all power television station means a low the wireless licensees in paragraph power television station as defined in (i)(1) who either will experience an in- 47 CFR 74.701. crease in the potential for harmful in- (6) Predetermined cost estimate. For terference or must restrict their oper- purposes of this section, predetermined ations in order to avoid causing inter- cost estimate means the estimated cost ference agree to permit the modifica- of an eligible expense as generally de- tion and the modification otherwise termined by the Media Bureau in a meets all the requirements in this part; catalog of expenses eligible for reim- (3) For purposes of this section, the bursement. following definitions apply: (7) Reimbursement Expansion Act or (i) Co-channel operations in the 600 REA. For purposes of this section, the MHz band are defined as operations of term Reimbursement Expansion Act or broadcast television stations and wire- REA means Division E, Financial Serv- less services where their assigned chan- ices & General Appropriation Act, 2018, nels or frequencies spectrally overlap. Title V Independent Agencies, Public (ii) Adjacent channel operations are Law 115–141, Section 511 (codified at 47 defined as operations of broadcast tele- U.S.C. 1452(j)–(n)) adopted as part of vision stations and wireless services the Consolidated Appropriations Act, where their assigned channels or fre- 2018, Public Law 115–141 (2018).

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(8) Reimbursement period. For purposes (2) TV translator stations. TV trans- of this section, reimbursement period lator stations that filed an application means the period ending July 3, 2023, for construction permit during the Spe- pursuant to section 511(j)(3)(B) of the cial Displacement Window and such ap- REA. plication was subsequently granted. (9) Replacement translator station. For Station must have been licensed and purposes of this section, the term re- transmitting for not less than 2 hours placement translator station means ana- in each day of the week and not less log to digital replacement translator than a total of 28 hours per calendar stations authorized pursuant to 47 CFR week for 9 of the 12 months prior to 74.787(a)(5). April 13, 2017. (10) Spectrum Act. For purposes of this (3) Replacement translator stations. Re- section, the term Spectrum Act means placement translator stations that Title VI of the Middle Class Tax Relief filed an application for construction and Job Creation Act of 2012 (Pub. L. permit during the Special Displace- 112–96). ment Window and such application was (11) Special Displacement Window. For purposes of this section, the term Spe- subsequently granted. Station must cial Displacement Window means the have been licensed and transmitting displacement application filing window for not less than 2 hours in each day of conducted April 10, 2018 to June 1, 2018 the week and not less than a total of 28 for low power television, TV trans- hours per calendar week for 9 of the 12 lator, and analog-to-digital replace- months prior to April 13, 2017. ment translator stations that were dis- (4) FM station. FM stations licensed placed by the incentive auction and re- and transmitting as of April 13, 2017, packing process. that experienced, at the site at which (12) Transmitting. For purposes of this they were licensed and transmitting on section, the term transmitting means a that date, a disruption of service as a low power television station, TV trans- result of the reorganization of broad- lator station, or replacement trans- cast television spectrum under 47 lator station operating not less than 2 U.S.C. 1452(b). hours in each day of the week and not (c) Reimbursement process—(1) Esti- less than a total of 28 hours per cal- mated costs. (i) All entities that are eli- endar week for 9 of the 12 months prior gible to receive reimbursement will be to April 13, 2017. required to file an estimated cost form (13) Reimbursement Fund. For pur- providing an estimate of their reason- poses of this section, the Reimbursement ably incurred costs and provide sup- Fund means the additional funding es- porting documentation. tablished by the REA. (ii) Each eligible entity that submits (14) TV translator station. For pur- an estimated cost form will be required poses of this section, the term TV to certify on its Eligibility Certifi- translator station means a ‘‘television cation/Reimbursement Form inter alia, broadcast translator station’’ as de- that: fined in 47 CFR 74.701. (A) It is eligible for reimbursement; (b) Eligibility for reimbursement. Only the following entities are eligible for (B) It believes in good faith that it reimbursement of relocation costs rea- will reasonably incur all of the esti- sonably incurred: mated costs that it claims are eligible (1) Low power television stations. Low for reimbursement on the estimated power television stations that filed an cost form; application for construction permit (C) It will use all money received during the Special Displacement Win- from the Reimbursement Fund only for dow and such application was subse- expenses it believes in good faith are quently granted. Station must have eligible for reimbursement; been licensed and transmitting for not (D) It will comply with all policies less than 2 hours in each day of the and procedures relating to allocations, week and not less than a total of 28 draw downs, payments, obligations, hours per calendar week for 9 of the 12 and expenditures of money from the months prior to April 13, 2017. Reimbursement Fund;

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(E) It will maintain detailed records, (3) Final accounting. After completing including receipts, of all costs eligible all construction or reimbursable for reimbursement actually incurred; changes, eligible entities that have re- (F) It will file all required docu- ceived money from the Reimbursement mentation of its relocation expenses as Fund will be required to submit final instructed by the Media Bureau; expense documentation containing a (G) It has not received nor does it ex- list of estimated expenses and actual pect to receive reimbursement from expenses as of a date to be determined other sources for costs for which they by the Media Bureau. Entities that are requesting reimbursement from the have finished construction and have REA; and submitted all actual expense documentation by the Final Allocation (H) Low power television stations, Deadline will not be required to file at TV translator stations, and replace- the final accounting stage. ment translator stations must certify (4) Documentation requirements. (i) compliance with the minimum oper- Each eligible entity that receives pay- ating requirement set forth in para- ment from the Reimbursement Fund is graph (b)(1), (2), or (3) of this section. required to retain all relevant docu- (I) FM stations must certify that ments pertaining to construction or they were licensed and transmitting at other reimbursable changes for a pe- the facility implicated by the Incentive riod ending not less than 10 years after Auction on April 13, 2017. the date on which it receives final pay- (iii) If an eligible entity seeks reim- ment from the Reimbursement Fund. bursement for new equipment, it must (ii) Each eligible entity that receives provide a justification as to why it is payment from the Reimbursement reasonable under the circumstances to Fund must make available all relevant purchase new equipment rather than documentation upon request from the modify its corresponding current Commission or its contractor. equipment. [84 FR 11252, Mar. 26, 2019] (iv) Eligible entities that submit their own cost estimates, as opposed to § 73.3800 Full power television channel the predetermined cost estimates pro- sharing outside the incentive auc- vided in the estimated cost form, must tion. submit supporting evidence and certify (a) Eligibility. Subject to the provi- that the estimate is made in good sions of this section, a full power tele- faith. vision station with an auction-related (2) Final Allocation Deadline. (i) Upon Channel Sharing Agreement (CSA) may completing construction or other reim- voluntarily seek Commission approval bursable changes, or by a specific dead- to relinquish its channel to share a sin- line prior to the end of the Reimburse- gle six megahertz channel with a full ment Period to be established by the power, Class A, low power, or TV trans- Media Bureau, whichever is earlier, all lator television station. An auction-re- eligible entities that received an initial lated CSA is a CSA filed with and ap- allocation from the Reimbursement proved by the Commission pursuant to Fund must provide the Commission § 73.3700(b)(1)(vii). with information and documentation, (b) Licensing of channel sharing sta- including invoices and receipts, regard- tions. (1) Each station sharing a single ing their actual expenses incurred as of channel pursuant to this section shall a date to be determined by the Media continue to be licensed and operated Bureau (the ‘‘Final Allocation Dead- separately, have its own call sign, and line’’). be separately subject to all applicable (ii) If an eligible entity has not yet Commission obligations, rules, and completed construction or other reim- policies. bursable changes by the Final Alloca- (2) A full power television channel tion Deadline, it must provide the sharing station relinquishing its chan- Commission with information and doc- nel must file an application for a con- umentation regarding any remaining struction permit (FCC Form 2100), in- eligible expenses that it expects to rea- clude a copy of the CSA as an exhibit, sonably incur. and cross reference the other sharing

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station(s). Any engineering changes ne- § 73.621 that becomes a party to a CSA cessitated by the CSA may be included may assign or transfer its shared li- in the station’s application. Upon initi- cense only to an entity qualified under ation of shared operations, the station § 73.621 as an NCE television licensee. relinquishing its channel must notify (e) Deadline for implementing CSAs. the Commission that it has terminated CSAs submitted pursuant to this sec- operation pursuant to § 73.1750 and each tion must be implemented within three sharing station must file an applica- years of the grant of the channel shar- tion for license (FCC Form 2100). ing construction permit. (c) Channel sharing between full power (f) Channel sharing agreements (CSAs). television stations and Class A, Low (1) CSAs submitted under this section power television, or TV translator sta- must contain provisions outlining each tions. (1) A full power television sharee licensee’s rights and responsibilities station (defined as a station relin- regarding: quishing a channel in order to share) (i) Access to facilities, including that is a party to a CSA with a Class A whether each licensee will have unre- sharer station (defined as the station strained access to the shared trans- hosting a sharee pursuant to a CSA) mission facilities; must comply with the rules governing (ii) Allocation of bandwidth within power levels and interference applica- the shared channel; ble to Class A stations, and must com- (iii) Operation, maintenance, repair, ply in all other respects with the rules and modification of facilities, includ- and policies applicable to full power ing a list of all relevant equipment, a television stations set forth in this description of each party’s financial part. obligations, and any relevant notice (2) A full power television sharee sta- provisions; and tion that is a party to a CSA with a low power television or TV translator (iv) Transfer/assignment of a shared sharer station must comply with the license, including the ability of a new rules of part 74 of this chapter gov- licensee to assume the existing CSA; erning power levels and interference and applicable to low power television or (v) Termination of the license of a TV translator stations, and must com- party to the CSA, including reversion ply in all other respects with the rules of spectrum usage rights to the re- and policies applicable to full power maining parties to the CSA. television stations set forth in this (2) CSAs must include provisions: part. (i) Affirming compliance with the (d) Channel sharing between commer- channel sharing requirements in this cial and noncommercial educational tele- section and all relevant Commission vision stations. (1) A CSA may be exe- rules and policies; and cuted between commercial and NCE (ii) Requiring that each channel shar- broadcast television station licensees. ing licensee shall retain spectrum (2) The licensee of an NCE station op- usage rights adequate to ensure a suffi- erating on a reserved channel under cient amount of the shared channel ca- § 73.621 that becomes a party to a CSA, pacity to allow it to provide at least either as a channel sharee station or as one Standard Definition program a channel sharer station, will retain its stream at all times. NCE status and must continue to com- (g) Termination and assignment/trans- ply with § 73.621. fer of shared channel. (1) Upon termi- (3) If the licensee of an NCE station nation of the license of a party to a operating on a reserved channel under CSA, the spectrum usage rights cov- § 73.621 becomes a party to a CSA, ei- ered by that license may revert to the ther as a channel sharee station or as a remaining parties to the CSA. Such re- channel sharer station, the portion of version shall be governed by the terms the shared television channel on which of the CSA in accordance with para- the NCE station operates shall be re- graph (f)(1)(v) of this section. If upon served for NCE–only use. termination of the license of a party to (4) The licensee of an NCE station op- a CSA only one party to the CSA re- erating on a reserved channel under mains, the remaining licensee may file

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an application for license to change its be either mailed to the system’s offi- status to non-shared. cial address of record provided in the (2) If the rights under a CSA are cable system’s most recent filing in the transferred or assigned, the assignee or FCC’s Cable Operations and Licensing the transferee must comply with the System (COALS) Form 322, or emailed terms of the CSA in accordance with to the system if the system has pro- paragraph (f)(1)(iv) of this section. If vided an email address. For all other the transferee or assignee and the li- MVPDs, the letter must be addressed censees of the remaining channel shar- to the official corporate address reg- ing station or stations agree to amend istered with their State of incorpora- the terms of the existing CSA, the tion. agreement may be amended, subject to Commission approval. [82 FR 18249, Apr. 18, 2017] (h) Notice to MVPDs. (1) Stations participating in channel sharing agree- § 73.3801 Full power television simulcasting during the ATSC 3.0 ments must provide notice to MVPDs (Next Gen TV) transition. that: (i) No longer will be required to carry (a) Simulcasting arrangements. For the station because of the relocation of purposes of compliance with the the station; simulcasting requirement in paragraph (ii) Currently carry and will continue (b) of this section, a full power tele- to be obligated to carry a station that vision station may partner with one or will change channels; or more other full power stations or with (iii) Will become obligated to carry one or more Class A, LPTV, or TV the station due to a channel sharing re- translator stations in a simulcasting location. arrangement for purposes of airing ei- (2) The notice required by this sec- ther an ATSC 1.0 or ATSC 3.0 signal on tion must contain the following infor- a host station’s (i.e., a station whose mation: facilities are being used to transmit (i) Date and time of any channel programming originated by another changes; station) facilities. Noncommercial edu- (ii) The channel occupied by the sta- cational television stations may par- tion before and after implementation ticipate in simulcasting arrangements of the CSA; with commercial stations. (iii) Modification, if any, to antenna (1) A full power television station air- position, location, or power levels; ing an ATSC 1.0 or ATSC 3.0 signal on (iv) Stream identification informa- the facilities of a Class A host station tion; and must comply with the rules governing (v) Engineering staff contact infor- power levels and interference applica- mation. ble to Class A stations, and must com- (3) Should any of the information in ply in all other respects with the rules paragraph (h)(2) of this section change, and policies applicable to full power an amended notification must be sent. television stations set forth in this (4) Sharee stations must provide no- part. tice as required by this section at least (2) A full power television station air- 90 days prior to terminating operations ing an ATSC 1.0 or ATSC 3.0 signal on on the sharee’s channel. Sharer sta- the facilities of a low power television tions and sharee stations must provide or TV translator host station must notice as required by this section at comply with the rules of part 74 of this least 90 days prior to initiation of oper- chapter governing power levels and in- ations on the sharer channel. Should terference applicable to low power tele- the anticipated date to either cease op- vision or TV translator stations, and erations or commence channel sharing must comply in all other respects with operations change, the stations must the rules and policies applicable to full send a further notice to affected power television stations set forth in MVPDs informing them of the new an- this part. ticipated date(s). (3) A full power noncommercial edu- (5) Notifications provided to cable cational television (NCE) station air- systems pursuant to this section must ing an ATSC 1.0 or ATSC 3.0 signal on

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the facilities of a commercial tele- the station must choose a host from vision host station must comply with whose transmitter site the Next Gen the rules applicable to NCE licensees. TV station will continue to meet the (b) Simulcasting requirement. A full community of license signal require- power television station that chooses ment over its current community of li- to air an ATSC 3.0 signal must simul- cense, as required by § 73.625) and the cast the primary video programming host station must be assigned to the stream of that signal in an ATSC 1.0 same Designated Market Area (DMA) format. This requirement does not as the originating station (i.e., the sta- apply to any multicast streams aired tion whose programming is being on the ATSC 3.0 channel. transmitted on the host station). (1) The programming aired on the (d) Coverage requirements for ATSC 3.0 ATSC 1.0 simulcast signal must be signals. For full power broadcasters ‘‘substantially similar’’ to that aired that elect to continue broadcasting in on the ATSC 3.0 primary video pro- ATSC 1.0 on the station’s existing fa- gramming stream. For purposes of this cilities and transmit an ATSC 3.0 sig- section, ‘‘substantially similar’’ means nal on the facilities of a host station, that the programming must be the the ATSC 3.0 signal must be estab- same except for advertisements, pro- lished on a host station assigned to the motions for upcoming programs, and same DMA as the originating station. programming features that are based (e) Simulcasting agreements. (1) on the enhanced capabilities of ATSC Simulcasting agreements must contain 3.0. These enhanced capabilities in- provisions outlining each licensee’s clude: rights and responsibilities regarding: (i) Hyper-localized content (e.g., geo- (i) Access to facilities, including targeted weather, targeted emergency whether each licensee will have unre- alerts, and hyper-local news): strained access to the host station’s (ii) Programming features or im- transmission facilities; provements created for the ATSC 3.0 service (e.g., emergency alert ‘‘wake (ii) Allocation of bandwidth within up’’ ability and interactive program the host station’s channel; features); (iii) Operation, maintenance, repair, (iii) Enhanced formats made possible and modification of facilities, includ- by ATSC 3.0 technology (e.g., 4K or ing a list of all relevant equipment, a HDR); and description of each party’s financial (iv) Personalization of programming obligations, and any relevant notice performed by the viewer and at the provisions; viewer’s discretion. (iv) Conditions under which the si- (2) For purposes of paragraph (b)(1) of mulcast agreement may be terminated, this section, programming that airs at assigned or transferred; and a different time on the ATSC 1.0 simul- (v) How a guest station’s (i.e., a sta- cast signal than on the primary video tion originating programming that is programming stream of the ATSC 3.0 being transmitted using the facilities signal is not considered ‘‘substantially of another station) signal may be similar.’’ transitioned off the host station. (2) [Reserved] (2) Broadcasters must maintain a (3) The ‘‘substantially similar’’ re- written copy of any simulcasting quirement in paragraph (b)(1) of this agreement and provide it to the Com- section will sunset on July 17, 2023. mission upon request. (c) Coverage requirements for the ATSC (f) Licensing of simulcasting stations 1.0 simulcast signal. For full power and stations converting to ATSC 3.0 oper- broadcasters that elect temporarily to ation. (1) Each station participating in relocate their ATSC 1.0 signal to the a simulcasting arrangement pursuant facilities of a host station for purposes to this section shall continue to be li- of deploying ATSC 3.0 service (and that censed and operated separately, have convert their existing facilities to its own call sign, and be separately ATSC 3.0), the ATSC 1.0 simulcast sig- subject to all applicable Commission nal must continue to cover the sta- obligations, rules, and policies. ATSC tion’s entire community of license (i.e., 1.0 and ATSC 3.0 signals aired on the

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facilities of a host station will be li- contour of its original ATSC 1.0 facil- censed as temporary second channels of ity. the originating station. The Commis- (6) Required information. (i) An appli- sion will include a note on the origi- cation in paragraph (f)(2) of this sec- nating station’s license identifying any tion must include the following infor- ATSC 1.0 or ATSC 3.0 signal being aired mation: on the facilities of a host station. The (A) The station serving as the host, if Commission will also include a note on applicable; a host station’s license identifying any (B) The technical facilities of the ATSC 1.0 or ATSC 3.0 guest signal(s) host station, if applicable; being aired on the facilities of the host (C) The DMA of the originating station. broadcaster’s facility and the DMA of (2) Application required. A full power the host station, if applicable; and broadcaster must file an application (D) Any other information deemed (FCC Form 2100) with the Commission, necessary by the Commission to proc- and receive Commission approval, be- ess the application. fore: (ii) If an application in paragraph (i) Moving its ATSC 1.0 signal to the (f)(2) of this section includes a request facilities of a host station, moving that to air an ATSC 1.0 signal on the facili- signal from the facilities of an existing ties of a host station, the broadcaster host station to the facilities of a dif- must, in addition to the information in ferent host station, or discontinuing an paragraph (f)(6)(i), also indicate on the ATSC 1.0 guest signal; application: (ii) Commencing the airing of an (A) The predicted population within ATSC 3.0 signal on the facilities of a the noise limited service contour host station (that has already con- served by the station’s original ATSC verted to ATSC 3.0 operation), moving 1.0 signal; its ATSC 3.0 signal to the facilities of (B) The predicted population within a different host station, or dis- the noise limited service contour continuing an ATSC 3.0 guest signal; or served by the station’s original ATSC (iii) Converting its existing station 1.0 signal that will lose the station’s to transmit an ATSC 3.0 signal or con- ATSC 1.0 service as a result of the verting the station from ATSC 3.0 back simulcasting arrangement, including to ATSC 1.0 transmissions. identifying areas of service loss by pro- (3) Streamlined process. With respect viding a contour overlap map; and to any application in paragraph (f)(2) of (C) Whether the ATSC 1.0 simulcast this section, a full power broadcaster signal aired on the host station will may file only an application for modi- serve at least 95 percent of the popu- fication of license, provided no other lation in paragraph (f)(6)(ii)(A) of this changes are being requested in such ap- section. plication that would require the filing (iii)(A) If an application in paragraph of an application for a construction (f)(2) of this section includes a request permit as otherwise required by the to air an ATSC 1.0 signal on the facili- rules (see, e.g., § 73.1690). ties of a host station and does not meet (4) Host station. A host station must the 95 percent standard in paragraph first make any necessary changes to its (f)(6)(ii) of this section, the application facilities before a guest station may must contain, in addition to the infor- file an application to air a 1.0 or 3.0 sig- mation in paragraphs (f)(6)(i) and (ii) of nal on such host. this section, the following information: (5) Expedited processing. An applica- (1) Whether there is another possible tion filed in accordance with the host station(s) in the market that streamlined process in paragraph (f)(3) would result in less service loss to ex- of this section will receive expedited isting viewers and, if so, why the Next processing provided, for stations re- Gen TV broadcaster chose to partner questing to air an ATSC 1.0 signal on with a host station creating a larger the facilities of a host station, the sta- service loss; tion will provide ATSC 1.0 service to at (2) What steps, if any, the station least 95 percent of the predicted popu- plans to take to minimize the impact lation within the noise limited service of the service loss (e.g., providing

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ATSC 3.0 dongles, set-top boxes, or (i) Date and time of any ATSC 1.0 gateway devices to viewers in the loss channel changes; area); and (ii) The ATSC 1.0 channel occupied by (3) The public interest benefits of the the station before and after commence- simulcasting arrangement and a show- ment of local simulcasting; ing of why the benefit(s) of granting (iii) Modification, if any, to antenna the application would outweigh the position, location, or power levels; harm(s). (iv) Stream identification informa- (B) These applications will be consid- tion; and ered on a case-by-case basis. (v) Engineering staff contact infor- (g) Consumer education for Next Gen mation. TV stations. (1) Commercial and noncommercial educational stations that (3) If any of the information in para- relocate their ATSC 1.0 signals (e.g., graph (h)(2) of this section changes, an moving to a host station’s facility, sub- amended notification must be sent. sequently moving to a different host, (4)(i) Next Gen TV stations must pro- or returning to its original facility) are vide notice as required by this section: required to air daily Public Service An- (A) At least 120 days in advance of re- nouncements (PSAs) or crawls every locating their ATSC 1.0 signals if the day for 30 days prior to the date that relocation occurs during the post-in- the stations will terminate ATSC 1.0 centive auction transition period; or operations on their existing facilities. (B) At least 90 days in advance of re- Stations that transition directly to locating their ATSC 1.0 signals if the ATSC 3.0 will be required to air daily relocation occurs after the post-incen- PSAs or crawls every day for 30 days tive auction transition period (see 47 prior to the date that the stations will CFR 27.4). terminate ATSC 1.0 operations. (ii) If the anticipated date of the (2) PSAs. Each PSA must be provided ATSC 1.0 signal relocation changes, the in the same language as a majority of station must send a further notice to the programming carried by the affected MVPDs informing them of the transitioning station and be closed- new anticipated date. captioned. (3) Crawls. Each crawl must be pro- (5) Next Gen TV stations may choose vided in the same language as a major- whether to provide notice as required ity of the programming carried by the by this section either by a letter notifi- transitioning station. cation or electronically via email if the (4) Content of PSAs or crawls. For sta- relevant MVPD agrees to receive such tions relocating their ATSC 1.0 signals notices by email. Letter notifications or transitioning directly to ATSC 3.0, to MVPDs must be sent by certified each PSA or crawl must provide all mail, return receipt requested to the pertinent information to consumers. MVPD’s address in the FCC’s Online (h) Notice to MVPDs. (1) Next Gen TV Public Inspection File (OPIF), if the stations relocating their ATSC 1.0 sig- MVPD has an online file. For cable sys- nals (e.g., moving to a temporary host tems that do not have an online file, station’s facilities, subsequently mov- notices must be sent to the cable sys- ing to a different host, or returning to tem’s official address of record pro- its original facility) must provide no- vided in the system’s most recent filing tice to MVPDs that: in the FCC’s Cable Operations and Li- (i) No longer will be required to carry censing System (COALS). For MVPDs the station’s ATSC 1.0 signal due to the with no official address in OPIF or relocation; or COALS, the letter must be sent to the (ii) Carry and will continue to be ob- MVPD’s official corporate address reg- ligated to carry the station’s ATSC 1.0 istered with their State of incorpora- signal from the new location. tion. (2) The notice required by this section must contain the following infor- [83 FR 3801, Feb. 2, 2018, as amended at 85 FR mation: 43492, July 17, 2020]

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§ 73.3999 Enforcement of 18 U.S.C. tober 24, 1974. 50 FCC 2d 1; 39 FR 39396, 1464 (restrictions on the trans- November 6, 1974. mission of obscene and indecent (b) See Report and Order; Policy material). Statement, Docket 19142, FCC 83–609, (a) No licensee of a radio or tele- adopted December 22, 1983. 96 FCC 2d vision broadcast station shall broad- 634; 49 FR 1704, January 13, 1984. cast any material which is obscene. (c) See Report and Order, MM Dock- (b) No licensee of a radio or tele- ets 90–570 and 83–670, FCC 91–113, adopt- vision broadcast station shall broad- ed April 9, 1991. 6 FCC Rcd 2111; 56 FR cast on any day between 6 a.m. and 10 19611, April 19, 1991; Memorandum p.m. any material which is indecent. Opinion and Order, MM Dockets 90–570 and 83–670, FCC 91–248, adopted August [60 FR 44439, Aug. 28, 1995] 1, 1991. 6 FCC Rcd 5093; 56 FR 42707, Au- § 73.4000 Listing of FCC policies. gust 29, 1991. The following sections list, solely for [49 FR 14509, Apr. 12, 1984, as amended at 59 the purpose of reference and conven- FR 52086, Oct. 14, 1994] ience, certain Policies of the FCC. The present listing of FCC policies and ci- § 73.4055 Cigarette advertising. tations thereto should not be relied See 15 U.S.C. 1335. upon as an all-inclusive list, and the [44 FR 36388, June 22, 1979] failure to include a policy in this list does not affect its validity. Each sec- § 73.4060 Citizens agreements. tion bears the title of one Policy and the citations which will direct the user (a) See Report and Order, Docket to the specific document(s) pertaining 20495, FCC 75–1359, adopted December to that Policy. 10, 1975. 57 F.C.C. 2d 42; 40 F.R. 49730, December 30, 1975. [44 FR 36387, June 22, 1979] (b) See Memorandum Opinion and Order, FCC 78–875, adopted December § 73.4005 Advertising—refusal to sell. 21, 1978. 70 F.C.C. 2d 1672. See 412 U.S. 94 (Supreme Court, 1973). [44 FR 58720, Oct. 11, 1979] [44 FR 36388, June 22, 1979] § 73.4075 Commercials, loud. § 73.4015 Applications for AM and FM construction permits, incomplete or See Memorandum Opinion and Order, defective. BC Docket 79–168, FCC 84–300, adopted June 27, 1984. 49 FR 28077, July 10, 1984. See Public Notice, FCC 84–366, dated August 2, 1984, 49 FR 47331, December 3, [49 FR 38132, Sept. 27, 1984] 1984. § 73.4082 Comparative broadcast hear- [49 FR 50048, Dec. 26, 1984] ings—specialized programming formats. § 73.4017 Application processing: Com- mercial FM stations. (a) See Memorandum Opinion and Order, FCC 80–33, adopted January 30, See Report and Order, MM Docket 84– 1980. 75 FCC 2d 721. 750, FCC 85–125, adopted March 4, 1985. (b) See Report and Order, Docket 79– 50 FR 19936, May 13, 1985. 137, FCC 79–331, adopted June 1, 1979. 72 [59 FR 52086, Oct. 14, 1994] FCC 2d 202. (c) See Memorandum Opinion and § 73.4045 Barter agreements. Order, FCC 79–206, adopted March 30, See Order, FCC 72–167, adopted Feb- 1979. 71 FCC 2d 460. ruary 16, 1972. 33 FCC 2d 653; 37 FR 4009, [47 FR 3792, Jan. 27, 1982] February 25, 1972. [44 FR 36388, June 22, 1979] § 73.4091 Direct broadcast satellites. (a) See Report and Order, General § 73.4050 Children’s TV programs. Docket 80–603, FCC 82–285, adopted (a) See Report and Policy Statement, June 23, 1982. 90 FCC 2d 676; 47 FR 31555, Docket 19142, FCC 74–1174, adopted Oc- July 21, 1982.

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(b) See Memorandum Opinion and § 73.4102 FAA communications, broad- Order, FCC 82–427, adopted September cast of. 23, 1982. 91 FCC 2d. See Public Notice, FCC 72–105, dated (c) See Memorandum Opinion and February 2, 1972. 37 FR 3567, February Order, FCC 82–498, adopted November 4, 1982. 91 FCC 2d. 17, 1972. [48 FR 9012, Mar. 3, 1983] [45 FR 6403, Jan. 28, 1980]

§ 73.4094 Dolby encoder. § 73.4104 FM assignment policies and procedures. See Public Notice dated July 10, 1974, 72 FCC 2d 790. See Report and Order, BC Docket 80– 130, FCC 82–240, adopted May 20, 1982. 90 [45 FR 6403, Jan. 28, 1980] FCC 2d, 88; 47 FR 26625, June 21, 1982.

§ 73.4095 Drug lyrics. [47 FR 54448, Dec. 3, 1982] (a) See Public Notice, FCC 71–205, dated March 5, 1971. 28 FCC 2d 409; 36 § 73.4107 FM broadcast assignments, FR 4901, March 13, 1971. increasing availability of. (b) See Memorandum Opinion and (a) See, First Report and Order MM Order, FCC 71–428, adopted April 16, Docket 84–231, FCC 84–640, adopted De- 1971. 31 FCC 2d 377; 36 FR 8090, April 29, cember 19, 1984. 100 FCC 2d 1332; 50 FR 1971. 3514, January 25, 1994. [44 FR 36388, June 22, 1979] (b) See, Second Report and Order, MM Docket 84–231, FCC 85–124, adopted § 73.4097 EBS (now EAS) attention sig- March 14, 1985. 101 FCC 2d 630; 50 FR nals on automated programing systems. 15558, April 19, 1985. (c) See, Memorandum Opinion and See Public Notice dated March 1, Order, MM Docket 84–231, FCC 86–76, 1979. 72 FCC 2d 788; 44 FR 17792, March 23, 1979. adopted February 10, 1986. 51 FR 9210, March 18, 1986. [49 FR 50049, Dec. 26, 1984, as amended at 59 (d) See Public Notice, 51 FR 26009, FR 67103, Dec. 28, 1994] July 18, 1986.

§ 73.4099 Financial qualifications, cer- [51 FR 26251, July 22, 1986, as amended at 52 tification of. FR 11656, Apr. 10, 1987; 59 FR 52086, Oct. 14, See Public Notice, FCC 87–97, adopted 1994] March 19, 1987. 52 FR 17333, May 7, 1987. § 73.4108 FM transmitter site map sub- [53 FR 2499, Jan. 28, 1988] missions. § 73.4100 Financial qualifications; new See Memorandum Opinion and Order AM and FM stations. and Public Notice, adopted October 24, See Public Notice, FCC 78–556, dated 1986. 1 FCC Rcd 381 (1986); 51 FR 45945, August 2, 1978. 69 FCC 2d 407; 43 FR December 23, 1986. 34841, August 7, 1978. [52 FR 11656, Apr. 10, 1987] [44 FR 36388, June 22, 1979] § 73.4110 Format changes of stations. § 73.4101 Financial qualifications, TV stations. See Memorandum Opinion and Order, Docket 20682, FCC 76–744, adopted July See Public Notice, FCC 79–299, dated 28, 1976. 60 FCC 2d 858; 41 FR 37153, Sep- May 11, 1979. 72 F.C.C. 2d 784; 44 FR tember 2, 1976. 29160, May 18, 1979. [44 FR 36388, June 22, 1979] [45 FR 6403, Jan. 28, 1980]

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§ 73.4135 Interference to TV reception adopted March 28, 1984. 97 FCC 2d 255; 49 by FM stations. FR 13534, April 5, 1984. See Public Notice, FCC 67–1012, dated (d) See, Public Notice, FCC 86–161, August 30, 1967, 74 FCC 2d 619. dated April 11, 1986. 51 FR 21800, June 16, 1986. Excerpt reprinted at 7 FCC Rcd (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 827. 1068, 1082 (47 U.S.C. 154, 155, 303)) (e) See Memorandum Opinion and [44 FR 36388, June 22, 1979, as amended at 45 Order, FCC 90–111, adopted March 28, FR 28142, Apr. 28, 1980; 49 FR 45154, Nov. 15, 1990. 5 FCC Rcd 4920. 1984; 50 FR 5073, Feb. 6, 1985; 51 FR 26251, July 22, 1986] [47 FR 54448, Dec. 3, 1982, as amended at 51 FR 26251, July 22, 1986; 59 FR 52087, Oct. 14, § 73.4140 Minority ownership; tax cer- 1994] tificates and distress sales. § 73.4165 Obscene language. (a) See Public Notice, FCC 78–322, dated May 25, 1978. 68 FCC 2d 979; 43 FR (a) See FCC v. Pacifica Foundation, 25188, June 9, 1978. 438 U.S. 726, 57 L.Ed 2d 1073, 46 U.S.L.W. (b) See Public Notice, FCC 78–725, 5018 (1978). See also Action for Children’s dated October 11, 1978. 43 FR 47612, Oc- Television v. FCC, 852 F.2d 1332 (D.C. tober 16, 1978. Cir. 1988). (c) See Policy Statement, General (b) See Action for Children’s Television Docket 82–797, FCC 82–523, adopted De- v. FCC, [ACT III] 11 F.3d 170 (D.C. Cir. cember 2, 1982. 92 FCC 2d 849; 48 FR 1993). See also, Action for Children’s Tel- 5943, February 9, 1983. evision v. FCC, [ACT IV] 15 F.3d 186 (D.C. Cir. 1994), rehearing granted, en (d) See Report and Order, General banc. Docket 82–797, FCC 84–647, adopted De- (c) See Report and Order, GC Docket cember 21, 1984. 99 FCC 2d 1249; 50 FR 92–223, FCC 93–42, adopted January 19, 1239, January 10, 1985. 1993. 8 FCC Rcd 704; 58 FR 5937, January [44 FR 36388, June 22, 1979, as amended at 49 25, 1993. FR 38132, Sept. 27, 1984; 49 FR 50049, Dec. 26, (d) See Memorandum Opinion and 1984; 50 FR 47055, Nov. 14, 1985; 52 FR 11656, Order, FCC 93–246, adopted May 11, 1993, Apr. 10, 1987] 8 FCC Rcd 3600. § 73.4154 Network/AM, FM station af- (e) See Letter to Rusk Corporation, filiation agreements. dated May 6, 1993, FCC 93–229, 8 FCC Rcd 3228. See Report, Statement of Policy, and (f) See Memorandum Opinion and Order, Docket 20721, FCC 77–206, adopt- Order, FCC 93–4, adopted January 5, ed March 10, 1977. 63 FCC 2d 674. 1993. 8 FCC Rcd 498 [47 FR 28388, June 30, 1982] (g) See Branton v. FCC, 993 F.2d 906 (D.C. Cir. 1993). § 73.4157 Network signals which ad- (h) See Memorandum Opinion and versely affect affiliate broadcast Order, DA 91–557, adopted April 30, 1991. service. 6 FCC Rcd 2560. See Public Notice, FCC 79–387, dated [59 FR 52087, Oct. 14, 1994] April 20, 1970. 22 F.C.C. 2d 779. [45 FR 6403, Jan. 28, 1980] § 73.4170 Obscene broadcasts. (a) See Miller v. California, 413 U.S.C. § 73.4163 Noncommercial nature of 15 (1973). See also Pope v. Illinois, 107 educational broadcast stations. S.Ct. 1918 (1987). 18 U.S.C. 1464. (a) See Second Report and Order, BC (b) See Memorandum Opinion and Docket 21136, FCC 81–204, adopted April Order, MM Docket 83–575, FCC 88–4, 23, 1981. 86 FCC 2d 141; 46 FR 27944, May adopted January 12, 1988. 3 FCC Rcd 22, 1981. 757. See also Memorandum Opinion and (b) See Order, BC Docket 21136, FCC Order, MM Docket 83–575, FCC 93–180, 82–327 adopted July 15, 1982. 90 FCC 2d adopted April 2, 1993. 8 FCC Rcd 2753. 895; 47 FR 36171, August 19, 1982. (c) See Memorandum Opinion and (c) See Memorandum Opinion and Order, FCC 87–365, adopted November Order, BC Docket 21136, FCC 84–105, 24, 1987. 3 FCC Rcd 930.

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(d) See ‘‘Memorandum of Under- § 73.4210 Procedure Manual: ‘‘The Pub- standing between the Federal Commu- lic and Broadcasting’’. nications Commission and the Depart- See FCC 74–942, dated September 5, ment of Justice concerning Complaints 1974. 49 FCC 2d 1; 39 FR 32288, dated and Cases Involving Obscenity and In- September 5, 1974. decency,’’ released April 9, 1991. See also News Release dated April 19, 1991. [44 FR 36389, June 22, 1979] [59 FR 52087, Oct. 14, 1994] § 73.4215 Program matter: Supplier identification. § 73.4180 Payment disclosure: Payola, See Public Notice, FCC 73–595, dated plugola, kickbacks. June 1, 1973. 41 FCC 2d 333; 38 FR 14979, (a) See 47 U.S.C. 507. June 7, 1973. (b) See Public Notice, FCC 70–593, dated June 4, 1970. 23 FCC 2d 588; 35 FR [44 FR 36389, June 22, 1979] 9045, June 11, 1970. § 73.4242 Sponsorship identification (c) See Public Notice, FCC 88–175, rules, applicability of. dated May 18, 1988. See Public Notice dated September 3, [44 FR 36389, June 22, 1979, as amended at 49 1975, 40 FR 41936, September 9, 1975. FR 20504, May 15, 1984; 59 FR 52087, Oct. 14, 1994] [47 FR 28388, June 30, 1982]

§ 73.4185 Political broadcasting and § 73.4246 Stereophonic pilot subcarrier telecasting, the law of. use during monophonic programming. (a) See ‘‘The Law of Political Broad- See Report and Order, Docket 19571, casting and Cablecasting: Political FCC 73–680, adopted June 21, 1973. 41 Primer 1984,’’ 100 FCC 2d 1476 (1984). FCC 2d 534; 38 FR 17021, June 28, 1973. (b) See Report and Order, MM Docket 91–168, FCC 91–403, adopted December [47 FR 3792, Jan. 27, 1982] 12, 1991. 7 FCC Rcd 678; 57 FR 189, Janu- ary 3, 1992; Memorandum Opinion and § 73.4247 STV: Competing applications. Order, MM Docket 91–168, FCC 92–210, See Second Report and Order, Docket adopted May 14, 1992. 7 FCC Rcd 4611; 57 21502, FCC 81–13, adopted January 8, FR 27705, June 22, 1992. 1981. 85 FCC 2d 631; 46 FR 19937, April 2, 1981. [59 FR 52087, Oct. 14, 1994] [47 FR 3792, Jan. 27, 1982] § 73.4190 Political candidate authorization notice and sponsorship § 73.4250 Subliminal perception. identification. (a) See Public Notice, FCC 74–78, (a) See Joint Public Notice by the dated January 24, 1974. 44 FCC 2d, 1016; Federal Communications Commission 39 FR 3714, January 29, 1974. and the Federal Election Commission, (b) See FCC Information Bulletin, FCC 78–419, dated June 19, 1978. 69 FCC ‘‘Subliminal Projection’’, dated No- 2d 1129; 43 FR 30126, July 13, 1978. vember 1977. (b) See Memorandum Opinion and Order, FCC 92–55, adopted February 12, [44 FR 36389, June 22, 1979] 1992. 7 FCC Rcd 1616. § 73.4255 Tax certificates: Issuance of. [44 FR 36389, June 22, 1979, as amended at 59 (a) See Public Notice, FCC 76–337, FR 52087, Oct. 14, 1994] dated April 21, 1976. 59 FCC 2d, 91; 41 FR 17605, April 27, 1976. § 73.4195 Political advertising by UHF (b) See Report and Order MM Docket translators. 87–267, FCC 91–303 adopted, September See Public Notice, FCC 76936, dated 26, 1991. 6 FCC Rcd 6273; 56 FR 64842, De- October 8, 1976. 62 FCC 2d 896; 41 FR cember 12, 1991. 45043, October 14, 1976. [56 FR 64874, Dec. 12, 1991, as amended at 59 [44 FR 36389, June 22, 1979] FR 52087, Oct. 14, 1994]

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§ 73.4260 Teaser announcements. (c) See Memorandum Opinion and Order, FCC 91–146, adopted May 1, 1991. See Public Notice, FCC 62–592, dated June 1, 1962. 27 FR 5274, June 5, 1962. 6 FCC Rcd 3448, 56 FR 25633, June 5, 1991. [44 FR 36389, June 22, 1979] (d) See Memorandum Opinion and Order, FCC 92–448, adopted September § 73.4265 Telephone conversation broadcasts (network and like 18, 1992. 7 FCC Rcd 6564, 57 FR 47410, Oc- sources). tober 16, 1992. See Memorandum Opinion and Order, [59 FR 52087, Oct. 14, 1994] FCC 75–1406, adopted December 18, 1975. 57 FCC 2d, 334; 41 FR 816, January 5, Subpart I—Procedures for Com- 1976. petitive Bidding and for Appli- [44 FR 36389, June 22, 1979] cations for Noncommercial Educational Broadcast Sta- § 73.4266 Tender offer and proxy statements. tions on Non-Reserved Chan- nels See Policy Statement, MM Docket 85– 218, FCC 86–67, adopted January 30, 1986. 51 FR 9794, March 21, 1986. SOURCE: 63 FR 48629, Sept. 11, 1998, unless otherwise noted. [51 FR 26251, July 22, 1986] § 73.5000 Services subject to competi- § 73.4267 Time brokerage. tive bidding. (a) See Policy Statement, Docket 78– (a) Mutually exclusive applications 355, FCC 80–621, adopted October 21, for new facilities and for major 1980. 82 FCC 2d 107. changes to existing facilities in the fol- (b) See Report and Order, MM Docket lowing broadcast services are subject 91–140, FCC 92–97, adopted March 12, to competitive bidding: AM; FM; FM 1992. 7 FCC Rcd 2755; 57 FR 18089, April translator; analog television; low- 29, 1992. power television; television translator; (c) See Memorandum Opinion and and Class A television. Mutually exclu- Order and Further Notice of Proposed sive applications for minor modifica- Rule Making, MM Docket 91–140, FCC tions of Class A television and tele- 92–361, adopted August 5, 1992. 7 FCC Rcd 6387; 57 FR 42701, September 16, vision broadcast are also subject to 1992. competitive bidding. The general competitive bidding procedures set forth in [47 FR 3792, Jan. 27, 1982, as amended at 59 part 1, subpart Q of this chapter will FR 52087, Oct. 14, 1994] apply unless otherwise provided in part § 73.4275 Tone clusters; audio atten- 73 or part 74 of this chapter. tion-getting devices. (b) Mutually exclusive applications for broadcast channels in the reserved See Public Notice, FCC 76–610, dated portion of the FM band (Channels 200– July 2, 1976. 60 FCC 2d 920; 41 FR 28582, July 12, 1976. 220) and for television broadcast channels reserved for noncommercial edu- [44 FR 36389, June 22, 1979] cational use are not subject to competitive bidding procedures. Applica- § 73.4280 Character evaluation of tions for noncommercial educational broadcast applicants. broadcast stations, as described in 47 (a) See Report and Order and Policy U.S.C. 397(6), on non-reserved channels Statement, Gen. Docket 81–500, BC also are not subject to competitive bid- Docket 78–108, FCC 85–648, adopted De- ding procedures. cember 10, 1985. 102 FCC 2d 1179; 51 FR 3049, January 23, 1986. [63 FR 48629, Sept. 11, 1998, as amended at 67 (b) See Policy Statement and Order, FR 45374, July 9, 2002; 68 FR 26228, May 15, FCC 90–195, adopted May 10, 1990. 5 FCC 2003; 69 FR 72043, Dec. 10, 2004] Rcd 3252, 55 FR 23082, June 6, 1990.

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§ 73.5001 [Reserved] scribed in 47 U.S.C. 397(6), on a non-reserved channel, all applicants must § 73.5002 Application and certification timely submit short-form applications procedures; return of mutually ex- (FCC Form 175), along with all required clusive applications not subject to certifications, information and exhib- competitive bidding procedures; its, pursuant to the provisions of prohibition of collusion. § 1.2105(a) of this chapter and any Com- (a) Prior to any broadcast service mission public notices. So determina- auction, the Commission will issue a tions of mutual exclusivity for auction public notice announcing the upcoming purposes can be made, applicants for auction and specifying the period dur- non-table broadcast services must also ing which all applicants seeking to par- submit the engineering data contained ticipate in an auction, and all appli- in the appropriate FCC form (FCC cants for noncommercial educational Form 301, FCC Form 346, or FCC Form broadcast stations, as described in 47 349). Beginning January 1, 1999, all U.S.C. 397(6), on non-reserved channels, short-form applications must be filed must file their applications for new electronically. If any application for a broadcast facilities or for major noncommercial educational broadcast changes to existing facilities. Broad- station, as described in 47 U.S.C. 397(6), cast service applications for new facili- is mutually exclusive with applications ties or for major modifications will be for commercial broadcast stations, and accepted only during these specified the applicants that have the oppor- periods. This initial and other public tunity to resolve the mutually exclu- notices will contain information about sivity pursuant to paragraphs (c) and the completion and submission of ap- (d) of this section fail to do so, the applications to participate in the broad- plication for noncommercial edu- cast auction, and applications for non- cational broadcast station, as described commercial educational broadcast sta- in 47 U.S.C. 397(6), will be returned as tions, as described in 47 U.S.C. 397(6), unacceptable for filing, and the re- on non-reserved channels, as well as maining applications for commercial any materials that must accompany broadcast stations will be processed in the applications, and any filing fee accordance with competitive bidding that must accompany the applications or any upfront payments that will need procedures. to be submitted. Such public notices (c) Applicants in all broadcast serv- will also, in the event mutually exclu- ice auctions, and applicants for non- sive applications are filed for broadcast commercial educational stations, as construction permits that must be re- described in 47 U.S.C. 397(6), on non-resolved through competitive bidding, served channels will be subject to the contain information about the method provisions of § 1.2105(b) of this chapter of competitive bidding to be used and regarding the modification and dis- more detailed instructions on submit- missal of their short-form applications. ting bids and otherwise participating Notwithstanding the general applica- in the auction. In the event applicability of § 1.2105(b) of this chapter to tions are submitted that are not mutu- broadcast auctions, and applicants for ally exclusive with any other applica- noncommercial educational stations, tion in the same service, or in the as described in 47 U.S.C. 397(6), on non- event that any applications that are reserved channels, the following appli- submitted that had been mutually ex- cants will be permitted to resolve their clusive with other applications in the mutual exclusivities by making same service are resolved as a result of amendments to their engineering sub- the dismissal or modification of any missions following the filing of their applications, the non-mutually exclu- short-form applications: sive applications will be identified by (1) Applicants for all broadcast serv- public notice and will not be subject to ices who file major modification appli- auction. cations that are mutually exclusive (b) To participate in broadcast serv- with each other; ice auctions, or to apply for a non- (2) Applicants for all broadcast serv- commercial educational station, as de- ices who file major modification and

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

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under this section, and fails to estab- mit has been accepted for filing, peti- lish good cause for any late-filed sub- tions to deny that application may be mission, shall be deemed to have de- filed. Within fifteen (15) days following faulted and shall be subject to the pay- the issuance of a public notice an- ments set forth in 47 CFR 1.2104(g). nouncing that a long-form application (d) An applicant whose short-form for a low-power television, television application, submitted pursuant to translator or FM translator construc- § 73.5002(b), was not mutually exclusive tion permit has been accepted for fil- with any other short-form application ing, petitions to deny that application in the same service, or whose short- may be filed. Any such petitions must form application was mutually exclu- contain allegations of fact supported sive only with one or more short-form by affidavit of a person or persons with applications for a noncommercial edu- personal knowledge thereof. cational broadcast station, as described (c) An applicant may file an opposi- in 47 U.S.C. 397(6), shall submit an ap- tion to any petition to deny, and the propriate long-form application within petitioner a reply to such opposition. thirty (30) days following release of a Allegations of fact or denials thereof public notice identifying any such non- must be supported by affidavit of a per- mutually exclusive applicants. The son or persons with personal knowledge long-form application should be sub- thereof. In the AM, FM and television mitted pursuant to the rules governing broadcast services, the time for filing the relevant service and according to such oppositions shall be five (5) days any procedures for filing such applica- from the filing date for petitions to tions set out by public notice. The deny, and the time for filing replies long-form application filed by a non- shall be five (5) days from the filing mutually exclusive applicant need not date for oppositions. In the low-power contain the additional exhibits, identi- television, television translator and fied in paragraph (a) of this section, re- FM translator broadcast services, the quired to be submitted with the long- time for filing such oppositions shall be form applications filed by winning bid- fifteen (15) days from the filing date for ders. When electronic procedures be- petitions to deny, and the time for fil- come available, the Commission may ing replies shall be ten (10) days from require any non-mutually exclusive ap- the filing date for oppositions. plicants to file their long-form applica- (d) Broadcast construction permits tions electronically. will be granted by the Commission only if the Commission denies or dis- [63 FR 48629, Sept. 11, 1998, as amended at 67 misses all petitions to deny, if any are FR 45375, July 9, 2002; 68 FR 26229, May 15, filed, and is otherwise satisfied that an 2003; 68 FR 43000, July 21, 2003; 69 FR 72044, applicant is qualified, and after full Dec. 10, 2004; 75 FR 9806, Mar. 4, 2010] and timely payment of winning bids § 73.5006 Filing of petitions to deny and any applicable late fees. See 47 against long-form applications. CFR 73.5003. Construction of broadcast (a) As set forth in 47 CFR 1.2108, peti- stations shall not commence until the tions to deny may be filed against the grant of such permit or license to the long-form applications filed by winning winning bidder and only after full and bidders in broadcast service auctions timely payment of winning bids and and against the long-form applications any applicable late fees. filed by applicants whose short-form [69 FR 72044, Dec. 10, 2004, as amended at 71 applications were not mutually exclu- FR 6228, Feb. 7, 2006] sive with any other applicant, or whose short-form applications were mutually § 73.5007 Designated entity provisions. exclusive only with one or more short- (a) New entrant bidding credit. A win- form applications for a noncommercial ning bidder that qualifies as a ‘‘new en- educational broadcast station, as de- trant’’ may use a bidding credit to scribed in 47 U.S.C. 397(6). lower the cost of its winning bid on any (b) Within ten (10) days following the broadcast construction permit. Any issuance of a public notice announcing winning bidder claiming new entrant that a long-form application for an status must have de facto, as well as de AM, FM or television construction per- jure, control of the entity utilizing the

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bidding credit. A thirty-five (35) per- plicants whose eligibility is lost or recent bidding credit will be given to a duced subsequent to the FCC Form 175 winning bidder if it, and/or any indi- filing must, before a construction per- vidual or entity with an attributable mit will be issued, make such pay- interest in the winning bidder, have no ments as are necessary to account for attributable interest in any other the difference between claimed and ac- media of mass communications, as de- tual bidding credit eligibility. fined in § 73.5008. A twenty-five (25) per- (b) The new entrant bidding credit is cent bidding credit will be given to a not available to a winning bidder if it, winning bidder if it, and/or any indi- and/or any individual or entity with an vidual or entity with an attributable attributable interest in the winning interest in the winning bidder, have an bidder, have an attributable interest in attributable interest in no more than any existing media of mass commu- three mass media facilities. No bidding nications in the same area as the pro- credit will be given if any of the composed broadcast or secondary broadcast monly owned mass media facilities facility. serve the same area as the proposed (1) Any existing media of mass com- broadcast or secondary broadcast sta- munications will be considered in the tion, or if the winning bidder, and/or ‘‘same area’’ as a proposed broadcast or any individual or entity with an attrib- secondary broadcast facility if the rel- utable interest in the winning bidder, evant defined service areas of the exist- have attributable interests in more ing mass media facilities partially than three mass media facilities. At- overlap, or are partially overlapped by, tributable interests held by a winning the proposed broadcast or secondary bidder in existing low power television, broadcast facility’s relevant contour. television translator or FM translator (2) For purposes of determining facilities will not be counted among whether any existing media of mass the bidder’s other mass media interests communications is in the ‘‘same area’’ in determining eligibility for a bidding as a proposed broadcast or secondary credit. Eligibility for the new entrant broadcast facility, the relevant defined bidding credit must be specified in an service areas of the existing mass applicant’s FCC Form 175 application, media facilities shall be as follows: and the new entrant bidding credit (i) AM broadcast station—principal specified in an applicant’s FCC Form community contour (see § 73.24(i)); 175 application establishes that appli- (ii) FM Broadcast station—principal cant’s maximum bidding credit eligi- community contour (see § 73.315(a)); bility for that auction. Any post-FCC (iii) Television broadcast station— Form 175 filing change in the appli- television Grade B or equivalent con- cant’s circumstances underlying its tour (see § 73.683(a) for analog TV and new entrant bidding credit eligibility § 73.622(e) for DTV); claim, or that of any attributable in- (iv) Cable television system—the terest-holder in the applicant, must be franchised community of a cable sys- reported to the Commission imme- tem; and diately, and no later than five business (v) Daily newspaper—community of days after the change occurs. Any such publication. post-FCC Form 175 filing change may (3) For purposes of determining cause a reduction or elimination of the whether a proposed broadcast or sec- new entrant bidding credit claimed in ondary broadcast facility is in the the applicant’s FCC Form 175 applica- ‘‘same area’’ as an existing mass media tion, if the change would cause the ap- facility, the relevant contours of the plicant not to qualify for the originally proposed broadcast or secondary broad- claimed new entrant bidding credit cast facility shall be as follows: under the eligibility provisions of (i) AM broadcast station—principal § 73.5007, and the change occurred prior community contour (see § 73.24(i)); to grant of the construction permit to (ii) FM broadcast station—principal the applicant. Final determinations re- community contour (see § 73.315(a)); garding new entrant status will be (iii) FM translator station—pre- made at the time of long form con- dicted, protected contour (see struction permit application grant. Ap- § 74.1204(a) of this chapter);

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(iv) Television broadcast station— or permittee will generally not be re- television Grade B or equivalent con- quired to reimburse the U.S. Govern- tour (see § 73.683(a) for analog TV and ment for the amount of the bidding § 73.622(e) for DTV). credit. (v) Low power television or television NOTE 1 TO § 73.5007: For purposes of para- translator station—predicted, pro- graph (b)(3)(ii) of this section, the contour of tected contour (see § 74.707(a) of this the proposed new FM broadcast station is chapter). based on the maximum class facilities at the (c) Unjust enrichment. If a licensee or FM allotment site, which is defined as the permittee that utilizes a new entrant perfectly circular standard 70 dBu contour bidding credit under this subsection distance for the class of station. seeks to assign or transfer control of [64 FR 24526, May 7, 1999, as amended at 68 its license or construction permit to an FR 46358, Aug. 5, 2003; 69 FR 72045, Dec. 10, entity not meeting the eligibility cri- 2004; 75 FR 9807, Mar. 4, 2010] teria for the bidding credit, the licensee or permittee must reimburse § 73.5008 Definitions applicable for the U.S. Government for the amount of designated entity provisions. the bidding credit, plus interest based (a) Scope. The definitions in this sec- on the rate for ten-year U.S. Treasury tion apply to 47 CFR 73.5007, unless oth- obligations applicable on the date the erwise specified in that section. construction permit was originally (b) A medium of mass communications granted, as a condition of Commission means a daily newspaper; a cable tele- approval of the assignment or transfer. vision system; or a license or construc- If a licensee or permittee that utilizes tion permit for a television broadcast a new entrant bidding credit seeks to station, an AM or FM broadcast sta- assign or transfer control of a license tion, or a direct broadcast satellite or construction permit to an entity transponder. that is eligible for a lower bidding (c)(1) An attributable interest in a credit, the difference between the bid- winning bidder or in a medium of mass ding credit obtained by the assigning communications shall be determined in party and the bidding credit for which accordance with § 73.3555 and Note 2 to the acquiring party would qualify, plus § 73.3555. In addition, any interest held interest based on the rate for ten-year by an individual or entity with an eq- U.S. Treasury obligations applicable on uity and/or debt interest(s) in a win- the date the construction permit was ning bidder shall be attributed to that originally granted, must be paid to the winning bidder for purposes of deter- U.S. Government as a condition of mining its eligibility for the new en- Commission approval of the assign- trant bidding credit, if the equity (in- ment or transfer. The amount of the cluding all stockholdings, whether vot- reimbursement payments will be re- ing or nonvoting, common or preferred) duced over time. An assignment or and debt interest or interests, in the transfer in the first two years after aggregate, exceed thirty-three (33) per- issuance of the construction permit to cent of the total asset value (defined as the winning bidder will result in a for- the aggregate of all equity plus all feiture of one hundred (100) percent of debt) of the winning bidder. the value of the bidding credit; during (2) Notwithstanding paragraph (c)(1) year three, of seventy-five (75) percent of this section, where the winning bid- of the value of the bidding credit; in der is an eligible entity, the combined year four, of fifty (50) percent; in year equity and debt of the interest holder five, twenty-five (25) percent; and in the winning bidder may exceed the thereafter, no payment. If a licensee or 33 percent threshold therein without permittee who utilized a new entrant triggering attribution, provided that: bidding credit in obtaining a broadcast (i) The combined equity and debt of license or construction permit acquires the interest holder in the winning bid- within this five-year reimbursement der is less than 50 percent, or period an additional broadcast facility (ii) The total debt of the interest or facilities, such that the licensee or holder in the winning bidder does not permittee would not have been eligible exceed 80 percent of the asset value of for the new entrant credit, the licensee the winning bidder and the interest

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holder does not hold any equity inter- Subpart J—Class A Television est, option, or promise to acquire an Broadcast Stations equity interest in the winning bidder or any related entity. For purposes of SOURCE: 65 FR 30009, May 10, 2000, unless paragraph (c)(2) of this section, an ‘‘el- otherwise noted. igible entity’’ shall include any entity that qualifies as a small business under § 73.6000 Definitions. the Small Business Administration’s For the purpose of this subpart, the size standards for its industry group- following definition applies: ing, as set forth in 13 CFR 121.201, at Locally produced programming is pro- the time the transaction is approved by gramming: the FCC, and holds: (1) Produced within the predicted (A) 30 percent or more of the stock or Grade B contour of the station broad- partnership interests and more than 50 casting the program or within the con- percent of the voting power of the cor- tiguous predicted Grade B contours of poration or partnership that will own any of the stations in a commonly the media outlet; or owned group; or (B) 15 percent or more of the stock or (2) Produced within the predicted partnership interests and more than 50 DTV noise-limited contour (see percent of the voting power of the cor- § 73.622(e)) of a digital Class A station poration or partnership that will own broadcasting the program or within the the media outlet, provided that no contiguous predicted DTV noise-lim- other person or entity owns or controls ited contours of any of the digital Class more than 25 percent of the out- A stations in a commonly owned group. standing stock or partnership inter- NOTE TO § 73.6000: See Report and Order, In ests; or the Matter of Establishment of a Class A (C) More than 50 percent of the vot- Television Service, MM Docket No. 00–10, re- ing power of the corporation that will leased April 4, 2000; Memorandum Opinion and own the media outlet if such corpora- Order on Reconsideration, In the Matter of Es- tablishment of a Class A Television Service, tion is a publicly traded company. MM Docket No. 00–10, released April 13, 2001; [63 FR 48629, Sept. 11, 1998, as amended at 64 Report and Order, In the Matter of Elimi- nation of Main Studio Rule, MB Docket No. FR 24527, May 7, 1999; 64 FR 44858, Aug. 18, 17–106, released October 24, 2017. 1999; 69 FR 72045, Dec. 10, 2004; 73 FR 28370, May 16, 2008; 75 FR 27200, May 14, 2010] [82 FR 57884, Dec. 8, 2017]

§ 73.5009 Assignment or transfer of § 73.6001 Eligibility and service re- control. quirements. (a) The unjust enrichment provisions (a) Qualified low power television li- found at § 1.2111(b) through (e) of this censees which, during the 90-day period chapter shall not apply to applicants ending November 28, 1999, operated seeking approval of a transfer of con- their stations in a manner consistent trol or assignment of a broadcast con- with the programming and operational struction permit or license within standards set forth in the Community three years of receiving such permit or Broadcasters Protection Act of 1999, may be accorded primary status as license by means of competitive bid- Class A television licensees. ding. (b) Class A television broadcast sta- (b) The ownership disclosure require- tions are required to: ments found at § 1.2112(a) of this chap- (1) Broadcast a minimum of 18 hours ter shall not apply to an applicant per day; and seeking consent to assign or transfer (2) Broadcast an average of at least control of a broadcast construction three hours per week of locally pro- permit or license awarded by competi- duced programming each quarter. tive bidding. (c) Licensed Class A television broad- [67 FR 45375, July 9, 2002, as amended at 68 cast stations shall be accorded primary FR 43000, July 21, 2003] status as a television broadcaster as long as the station continues to meet

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the minimum operating requirements above average terrain, using the for Class A status. F(50,50) charts of Figure 9, 10 or 10b of (d) Licensees unable to continue to § 73.699 of this part. meet the minimum operating require- (c) A digital Class A TV station will ments for Class A television stations, be protected from interference within or which elect to revert to low power the following predicted signal con- television status, shall promptly notify tours: the Commission, in writing, and re- (1) 43 dBu for stations on Channels 2 quest a change in status. through 6; (2) 48 dBu for stations on Channels 7 § 73.6002 Licensing requirements. through 13; and (a) A Class A television broadcast li- (3) 51 dBu for stations on Channels 14 cense will only be issued to a qualified through 51. low power television licensee that: (d) The digital Class A TV station (1) Filed a Statement of Eligibility protected contour is calculated from for Class A Low Power Television Sta- the effective radiated power and an- tion Status on or before January 28, tenna height above average terrain, 2000, which was granted by the Com- using the F(50,90) signal propagation mission; and method specified in § 73.625(b)(1) of this (2) Files an acceptable application for part. a Class A Television license (FCC Form § 73.6012 Protection of Class A TV, low 302–CA). power TV and TV translator stations. §§ 73.6003–73.6005 [Reserved] An application to change the facili- § 73.6006 Channel assignments. ties of an existing Class A TV station Class A TV stations will not be au- will not be accepted if it fails to pro- thorized on UHF TV channels 52 tect other authorized Class A TV, low through 69, or on channels unavailable power TV and TV translator stations for TV broadcast station use pursuant and applications for changes in such to § 73.603 of this part. stations filed prior to the date the Class A application is filed, pursuant to § 73.6007 Power limitations. the requirements specified in § 74.707 of this chapter. The protection of other An application to change the facili- authorized low power TV and TV trans- ties of an existing Class A TV station lator stations and applications for will not be accepted if it requests an ef- changes in such stations shall not fective radiated power that exceeds the apply in connection with any applica- power limitation specified in § 74.735 of tion filed by a Class A TV station pur- this chapter. suant to § 73.3700(b)(1). § 73.6008 Distance computations. [79 FR 48544, Aug. 15, 2014] The distance between two reference points must be calculated in accord- § 73.6013 Protection of DTV stations. ance with § 73.208(c) of this part. Class A TV stations must protect the DTV service that would be provided by § 73.6010 Class A TV station protected the facilities specified in the DTV contour. Table of Allotments in § 73.622 of this (a) A Class A TV station will be pro- part, by authorized DTV stations and tected from interference within the fol- by applications that propose to expand lowing predicted signal contours: DTV stations’ allotted or authorized (1) 62 dBu for stations on Channels 2 coverage contour in any direction, if through 6; such applications either were filed be- (2) 68 dBu for stations on Channels 7 fore December 31, 1999 or were filed be- through 13; and tween December 31, 1999 and May 1, 2000 (3) 74 dBu for stations on Channels 14 by a DTV station licensee or permittee through 51. that had notified the Commission of its (b) The Class A TV station protected intent to ‘‘maximize’’ by December 31, contour is calculated from the effective 1999. Protection of these allotments, radiated power and antenna height stations and applications must be

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based on not causing predicted inter- December 31, 1999 and May 1, 2000 by a ference within the service area de- DTV station licensee or permittee that scribed in § 73.622(e) of this part. The had notified the Commission of its in- interference analysis is based on the tent to ‘‘maximize’’ by December 31, methods described in § 73.623(c)(2) 1999. Protection of these allotments, through (c)(4) of this part, except that stations and applications must be a Class A TV station must not cause a based on meeting the requirements of loss of service to 0.5 percent or more of § 74.793 (b) through (e) of this chapter. the population predicted to receive An application for digital operation of service from the DTV allotment, sta- an existing Class A TV station or to tion or application. An application to change the facilities of an existing change the facilities of a digital Class Class A TV station will not be accepted A TV station will not be accepted if it if it fails to protect these DTV allot- fails to protect these DTV allotments, ments, stations and applications in ac- stations and applications in accordance cordance with this section. with this section.

§ 73.6014 Protection of digital Class A [69 FR 69330, Nov. 29, 2004] TV stations. § 73.6019 Digital Class A TV station An application to change the facili- protection of low power TV, TV ties of an existing Class A TV station translator, digital low power TV will not be accepted if it fails to pro- and digital TV translator stations. tect authorized digital Class A TV sta- An application for digital operation tions and applications for changes in of an existing Class A TV station or to such stations filed prior to the date the Class A application is filed, pursuant to change the facilities of a digital Class the requirements specified in § 74.706 of A TV station will not be accepted if it this chapter. fails to protect authorized low power TV, TV translator, digital low power § 73.6017 Digital Class A TV station TV and digital TV translator stations protection of Class A TV and digital in accordance with the requirements of Class A TV stations. § 74.793(b) through (d) and (h) of this An application for digital operation chapter. This protection must be af- of an existing Class A TV station or to forded to applications for changes filed change the facilities of a digital Class prior to the date the digital Class A A TV station will not be accepted if it station is filed. The protection of other fails to protect authorized Class A and authorized low power TV, TV trans- digital Class A stations in accordance lator, digital low power TV and digital with the requirements of § 74.793 (b) TV translator stations shall not apply through (d) and § 74.793(g) of this chap- in connection with any application ter. This protection must be afforded filed by a Class A TV station pursuant to applications for changes in other au- to § 73.3700(b)(1). thorized Class A and digital Class A stations filed prior to the date the dig- [79 FR 48544, Aug. 15, 2014] ital Class A application is filed. § 73.6020 Protection of stations in the [69 FR 69330, Nov. 29, 2004] land mobile radio service. § 73.6018 Digital Class A TV station An application for digital operation protection of DTV stations. of an existing Class A TV station or to Digital Class A TV stations must change the facilities of an existing protect the DTV service that would be Class A TV or digital Class A TV sta- provided by the facilities specified in tion will not be accepted if it fails to the DTV Table of Allotments in § 73.622, protect stations in the land mobile by authorized DTV stations and by ap- radio service pursuant to the require- plications that propose to expand DTV ments specified in § 74.709 of this chap- stations’ allotted or authorized cov- ter. In addition to the protection re- erage contour in any direction, if such quirements specified in § 74.709(a) of applications either were filed before this chapter, Class A TV and digital December 31, 1999 or were filed between

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

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must reflect the use of mechanical § 73.6026 Broadcast regulations appli- beam tilt. cable to Class A television stations. (3) A tabulation of the relative field The following rules are applicable to pattern required in paragraph (a)(2), of Class A television stations: this section. The tabulation should use the same zero degree reference as the § 73.603 Numerical designation of television plotted pattern, and be tabulated at channels. § 73.624(b), (c) and (g) Digital television least every 10 degrees. In addition, tab- broadcast stations. Section 73.624(b) will ulated values of all maxima and mini- apply only to the extent that such stations ma, with their corresponding azimuths, must also transmit at least one over-the- should be submitted. air video program signal at no direct (4) Horizontal and vertical plane radi- charge to viewers of the digital Class A ation patterns showing the effective ra- station diated power, in dBk, for each direc- § 73.635 Use of common antenna site. § 73.642 Subscription TV service. tion. Sufficient vertical plane patterns § 73.643 Subscription TV operating require- must be included to indicate clearly ments. the radiation characteristics of the an- § 73.644 Subscription TV transmission sys- tenna above and below the horizontal tems. plane. In cases where the angles at § 73.646 Telecommunications Service on the which the maximum vertical radiation Vertical Blanking Interval and in the Vis- varies with azimuth, a separate ual Signal. vertical radiation pattern must be pro- § 73.653 Operation of TV aural and visual transmitters. vided for each pertinent radial direc- § 73.658 Affiliation agreements and network tion. program practice; territorial exclusivity in (5) The horizontal and vertical plane non-network program arrangements. patterns that are required are the pat- § 73.664 Determining operating power. terns for the complete directional an- § 73.665 Use of TV aural baseband subcar- tenna system. In the case of a com- riers. posite antenna composed of two or § 73.667 TV subsidiary communications serv- more individual antennas, this means ices. § 73.669 TV stereophonic aural and multiplex that the patterns for the composite an- subcarrier operation. tenna, not the patterns for each of the § 73.670 Commercial limits in children’s pro- individual antennas, must be sub- grams. mitted. § 73.671 Educational and informational pro- (b) Applications for modified Class A gramming for children. TV facilities proposing to locate anten- § 73.673 Public information initiatives re- nas within 61.0 meters (200 feet) of garding educational and informational programming for children. other Class A TV or TV broadcast an- § 73.688 Indicating instruments. tennas operating on a channel within § 73.691 Visual modulation monitoring. 20 percent in frequency of the proposed § 73.3615(a) and (g) Ownership reports. channel, or proposing the use of antennas on Channels 5 or 6 within 61.0 me- [66 FR 21690, May 1, 2001, as amended at 74 FR 25168, May 27, 2009] ters (200 feet) of FM broadcast antennas, must include a showing as to the § 73.6027 Class A TV notifications con- expected effect, if any, of such proxi- cerning interference to radio as- mate operation. tronomy, research and receiving in- (c) Where a Class A TV licensee or stallations. permittee proposes to mount its an- An applicant for digital operation of tenna on or near an AM tower, as de- an existing Class A TV station or to fined in § 1.30002, the Class A TV li- change the facilities of an existing censee or permittee must comply with Class A TV or digital Class A TV sta- § 1.30003 or § 1.30002. tion shall be subject to the require- (d) Class A TV stations are subject to ments of § 73.1030—Notifications con- the provisions in § 73.685(d) regarding cerning interference to radio astron- blanketing interference. omy, research and receiving installations. [65 FR 30009, May 10, 2000, as amended at 78 FR 66298, Nov. 5, 2013] [69 FR 69331, Nov. 29, 2004]

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

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

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that the programming must be the 3.0 signal must be established on a host same except for advertisements, pro- station assigned to the same DMA as motions for upcoming programs, and the originating station. programming features that are based (e) Simulcasting agreements. (1) on the enhanced capabilities of ATSC Simulcasting agreements must contain 3.0. These enhanced capabilities in- provisions outlining each licensee’s clude: rights and responsibilities regarding: (i) Hyper-localized content (e.g., geo- (i) Access to facilities, including targeted weather, targeted emergency whether each licensee will have unre- alerts, and hyper-local news): strained access to the host station’s (ii) Programming features or im- transmission facilities; provements created for the ATSC 3.0 (ii) Allocation of bandwidth within service (e.g., emergency alert ‘‘wake the host station’s channel; up’’ ability and interactive program (iii) Operation, maintenance, repair, features); and modification of facilities, includ- (iii) Enhanced formats made possible ing a list of all relevant equipment, a by ATSC 3.0 technology (e.g., 4K or description of each party’s financial HDR); and obligations, and any relevant notice (iv) Personalization of programming provisions; performed by the viewer and at the viewer’s discretion. (iv) Conditions under which the si- (2) For purposes of paragraph (b)(1) of mulcast agreement may be terminated, this section, programming that airs at assigned or transferred; and a different time on the ATSC 1.0 simul- (v) How a guest station’s (i.e., a sta- cast signal than on the primary video tion originating programming that is programming stream of the ATSC 3.0 being transmitted using the facilities signal is not considered ‘‘substantially of a host station) signal may be similar.’’ transitioned off the host station. (3) The ‘‘substantially similar’’ re- (2) Broadcasters must maintain a quirement in paragraph (b)(1) of this written copy of any simulcasting section will sunset on July 17, 2023. agreement and provide it to the Com- (c) Coverage requirements for the ATSC mission upon request. 1.0 simulcast signal. For Class A broad- (f) Licensing of simulcasting stations casters that elect temporarily to relo- and stations converting to ATSC 3.0 oper- cate their ATSC 1.0 signal to the facili- ation. (1) Each station participating in ties of a host station for purposes of de- a simulcasting arrangement pursuant ploying ATSC 3.0 service (and that con- to this section shall continue to be li- vert their existing facilities to ATSC censed and operated separately, have 3.0), the station: its own call sign, and be separately (1) Must maintain overlap between subject to all applicable Commission the protected contour (§ 73.6010(c)) of obligations, rules, and policies. ATSC its existing signal and its ATSC 1.0 si- 1.0 and ATSC 3.0 signals aired on the mulcast signal; facilities of a host station will be li- (2) May not relocate its ATSC 1.0 si- censed as temporary second channels of mulcast signal more than 30 miles from the originating station. The Commis- the reference coordinates of the relo- sion will include a note on the origi- cating station’s existing antenna loca- nating station’s license identifying any tion; and ATSC 1.0 or ATSC 3.0 signal being aired (3) Must select a host station as- on the facilities of a host station. The signed to the same DMA as the origi- Commission will also include a note on nating station (i.e., the station whose a host station’s license identifying any programming is being transmitted on ATSC 1.0 or ATSC 3.0 guest signal(s) the host station). being aired on the facilities of the host (d) Coverage requirements for ATSC 3.0 station. signals. For Class A broadcasters that (2) Application required. A Class A elect to continue broadcasting in ATSC broadcaster must file an application 1.0 from the station’s existing facilities (FCC Form 2100) with the Commission, and transmit an ATSC 3.0 signal on the and receive Commission approval, be- facilities of a host station, the ATSC fore:

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

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Service Announcements (PSAs) or relocation occurs during the post-in- crawls every day for 30 days prior to centive auction transition period; or the date that the stations will termi- (B) At least 90 days in advance of re- nate ATSC 1.0 operations on their ex- locating their ATSC 1.0 signals if the isting facilities. Stations that transi- relocation occurs after the post-incen- tion directly to ATSC 3.0 will be re- tive auction transition period. quired to air daily PSAs or crawls (ii) If the anticipated date of the every day for 30 days prior to the date ATSC 1.0 signal relocation changes, the that the stations will terminate ATSC station must send a further notice to 1.0 operations. affected MVPDs informing them of the (2) PSAs. Each PSA must be provided new anticipated date. in the same language as a majority of (5) Next Gen TV stations may choose the programming carried by the whether to provide notice as required transitioning station and be closed- by this section either by a letter notifi- captioned. cation or electronically via email if the (3) Crawls. Each crawl must be pro- relevant MVPD agrees to receive such vided in the same language as a major- notices by email. Letter notifications ity of the programming carried by the to MVPDs must be sent by certified transitioning station. mail, return receipt requested to the MVPD’s address in the FCC’s Online (4) Content of PSAs or crawls. For sta- Public Inspection File (OPIF), if the tions relocating their ATSC 1.0 signals MVPD has an online file. For cable sys- or transitioning directly to ATSC 3.0, tems that do not have an online file, each PSA or crawl must provide all notices may be sent to the cable sys- pertinent information to consumers. tem’s official address of record pro- (h) Notice to MVPDs. (1) Next Gen TV vided in the system’s most recent filing stations relocating their ATSC 1.0 sig- in the FCC’s Cable Operations and Li- nals (e.g., moving to a temporary host censing System (COALS). For MVPDs station’s facilities, subsequently mov- with no official address in OPIF or ing to a different host, or returning to COALS, the letter must be sent to the its original facility) must provide no- MVPD’s official corporate address reg- tice to MVPDs that: istered with their State of incorpora- (i) No longer will be required to carry tion. the station’s ATSC 1.0 signal due to the relocation; or [83 FR 5024, Feb. 2, 2018, as amended at 85 FR (ii) Carry and will continue to be ob- 43492, July 17, 2020] ligated to carry the station’s ATSC 1.0 signal from the new location. Subpart K—Application and Se- (2) The notice required by this sec- lection Procedures for Re- tion must contain the following infor- served Noncommercial Edu- mation: cational Channels, and for (i) Date and time of any ATSC 1.0 Certain Applications for Non- channel changes; commercial Educational Sta- (ii) The ATSC 1.0 channel occupied by tions on Non-Reserved Chan- the station before and after commence- nels ment of local simulcasting; (iii) Modification, if any, to antenna SOURCE: 65 FR 36380, June 8, 2000, unless position, location, or power levels; otherwise noted. (iv) Stream identification information; and § 73.7000 Definition of terms (as used (v) Engineering staff contact infor- in subpart K only). mation. Attributable interest. An interest of an (3) If any of the information in para- applicant, its parent, subsidiaries, graph (h)(2) of this section changes, an their officers, and members of their amended notification must be sent. governing boards that would be cog- (4)(i) Next Gen TV stations must pro- nizable under the standards in the vide notice as required by this section: notes to § 73.3555. Also an interest of an (A) At least 120 days in advance of re- entity providing more than 33 percent locating their ATSC 1.0 signals if the of an applicant’s equity and/or debt

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that also either (1) supplies more than to Commission authority, generally be- 15% of the station’s weekly program- ginning with program test authority, ming, or (2) has an attributable inter- for periods of time that meet any re- est pursuant to § 73.3555 in media in the quired minimum operating schedule, same market. e.g., § 73.561(a). Established local applicant. An appli- Population. The number of people cal- cant that has, for at least the two culated using the most recent census years (24 months) immediately pre- block data provided by the United ceding application, met the definition States Census Bureau. of local applicant. Reservations. Any federally recog- Local applicant. An applicant phys- nized Indian tribe’s reservation, pueblo ically headquartered, having a campus, or colony, including former reserva- or having 75% of board members resid- tions in Oklahoma, Alaska Native re- ing within 25 miles of the reference co- gions established pursuant to the Alas- ordinates for the community to be ka Native Claims Settlements Act (85 served, or a governmental entity with- Stat. 688) and Indian allotments, for in its area of jurisdiction. which a Tribe exercises regulatory ju- Near reservation lands. Those areas or risdiction. communities adjacent or contiguous to Reserved channels. Channels reserved reservation or other Trust lands which exclusively for noncommercial edu- are designated by the Department of cational use, whether by the portion of Interior’s Commission of Indian Affairs the spectrum in which they are located upon recommendation of the Local Bu- (i.e. FM channels 200 to 220) or by a reau of Indian Affairs Superintendent, case-by-case Commission allotment de- which recommendation shall be based cision (channels that appear with an upon consultation with the tribal gov- asterisk designation in the FM Table of erning body of those reservations, as Allotments (§ 73.202) or TV Table of Al- locales appropriate for the extension of lotments (§ 73.606)). financial assistance and/or social services on the basis of such general cri- Tribe. Any Indian or Alaska Native teria as: Number of Indian people na- tribe, band, nation, pueblo, village or tive to the reservation residing in the community which is acknowledged by area; a written designation by the trib- the federal government to constitute a al governing body that members of government-to-government relation- their tribe and family members who ship with the United States and eligi- are Indian residing in the area, are so- ble for the programs and services es- cially, culturally and economically af- tablished by the United States for Indi- filiated with their tribe and reserva- ans. See The Federally Recognized Indian tion; geographical proximity of the Tribe List Act of 1994 (Indian Tribe Act), area to the reservation and administra- Public Law 103–454. 108 Stat. 4791 (1994) tive feasibility of providing an ade- (the Secretary of the Interior is re- quate level of services to the area. quired to publish in the FEDERAL REG- Nonreserved (Unreserved) channels. ISTER an annual list of all Indian Channels which are not reserved exclu- Tribes which the Secretary recognizes sively for noncommercial educational to be eligible for the special programs use, and for which commercial entities and services provided by the United could thus be eligible to operate full States to Indians because of their sta- power stations. Such channels appear tus as Indians). without an asterisk designation in the Tribal applicant. (1) A Tribe or consor- FM Table of Allotments (§ 73.202) and tium of Tribes, or TV Table of Allotments (§ 73.606). In the (2) An entity that is 51 percent or event of a request to allocate a non- more owned or controlled by a Tribe or reserved channel as reserved pursuant Tribes that occupy Tribal Lands that to § 73.202(a) or § 73.606(a), the channel receive Tribal Coverage. remains classified as nonreserved until Tribal coverage. (1) Coverage of a release of a Commission decision Tribal Applicant’s or Tribal Appli- granting such request. cants’ Tribal Lands by at least 50 per- On-air operations. Broadcast of pro- cent of a facility’s 60 dBu (1 mV/m) gram material to the public pursuant contour, or

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(2) The facility’s 60 dBu (1 mV/m) major changes to existing facilities, contour— only when all of the mutually exclusive (i) Covers 50 percent or more of a applications are for noncommercial Tribal Applicant’s or Tribal Appli- educational broadcast stations, as de- cants’ Tribal Lands, scribed in 47 U.S.C. 397(6)(B). (ii) Serves at least 2,000 people living on Tribal Lands, and [65 FR 36380, June 8, 2000, as amended at 68 (iii) The total population on Tribal FR 26229, May 15, 2003] Lands residing within the station’s service contour constitutes at least 50 § 73.7002 Fair distribution of service percent of the total covered popu- on reserved band FM channels. lation. In neither paragraphs (1) nor (2) (a) If timely filed applications for full of this definition may the applicant service stations on reserved FM chan- claim the priority if the proposed prin- nels are determined to be mutually ex- cipal community contour would cover clusive, and will serve different com- more than 50 percent of the Tribal munities, the Commission will first de- Lands of a non-applicant Tribe. To the termine, as a threshold issue, whether extent that Tribal Lands include fee grant of a particular application would lands not owned by Tribes or members substantially further the fair distribu- of Tribes, the outer boundaries of such tion of service goals enunciated in sec- lands shall delineate the coverage area, tion 307(b) of the Communications Act, with no deduction of area for fee lands 47 U.S.C. 307(b). not owned by Tribes or members of (b) In an analysis performed pursuant Tribes. to paragraph (a) of this section, a full- Tribal lands. Both Reservations and Near reservation lands. This definition service FM applicant that identifies includes American Indian Reservations itself as a Tribal Applicant, that pro- and Trust Lands, Tribal Jurisdiction poses Tribal Coverage, and that pro- Statistical Areas, Tribal Designated poses the first reserved channel NCE Statistical Areas, Hawaiian Home- service owned by any Tribal Applicant lands, and Alaska Native Village Sta- at a community of license located on tistical Areas, as well as the commu- Tribal Lands, will be awarded a con- nities situated on such lands. struction permit. If two or more full- service FM applicants identify them- [65 FR 36380, June 8, 2000, as amended at 66 FR 15356, Mar. 19, 2001; 75 FR 9807, Mar. 4, selves as Tribal Applicants and meet 2010; 76 FR 18953, Apr. 6, 2011] the above criteria, the applicant providing the most people with reserved § 73.7001 Services subject to evalua- channel NCE service to Tribal Lands tion by point system. will be awarded a construction permit, (a) A point system will be used to regardless of the magnitude of the su- evaluate mutually exclusive applica- perior service or the populations of the tions for new radio, television, and FM communities of license proposed, if dif- translator facilities, and for major ferent. If two or more full-service FM changes to existing facilities, on re- applicants identifying themselves as served channels. Tribal Applicants each meet the above (b) A point system will be used to criteria and propose identical levels of evaluate mutually exclusive applica- NCE aural service to Tribal Lands, tions for new radio, television, and FM only those applicants shall proceed to translator facilities, and for major be considered together in a point sys- changes to existing facilities, on non- tem analysis. In an analysis performed reserved channels, only when all of the mutually exclusive applications are for pursuant to paragraph (a) of this sec- noncommercial educational broadcast tion that does not include a Tribal Ap- stations, as described in 47 U.S.C. plicant, a full service FM applicant 397(6)(A) or 47 U.S.C. 397(6)(B). that will provide the first or second re- (c) A point system will be used to served channel noncommercial edu- evaluate mutually exclusive applica- cational (NCE) aural signal received by tions for new television translator and at least 10% of the population within low power television facilities, and for the station’s 60dBu (1mV/m) service

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

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(i) An entity, public or private, with ice (radio or television) nationally, as authority over a minimum of 50 accred- of the time of application shall be com- ited full-time elementary and/or sec- pared, and the applicant with the few- ondary schools within a single state, est authorizations will be chosen as encompassed by the combined primary tentative selectee. Radio applicants service contours of the proposed sta- will count commercial and non- tion and its existing station(s), if the commercial AM, FM, and FM trans- existing station(s) are regularly pro- lator stations other than fill-in sta- viding programming to the schools in tions. Television applicants will count furtherance of the school curriculum UHF, VHF, and Class A stations. and the proposed station will increase (2) If a tie remains after the tie the number of schools it will regularly breaker in paragraph (c)(1) of this sec- serve; or tion, the tentative selectee will be the (ii) An accredited public or private remaining applicant with the fewest institution of higher learning with a pending new and major change applica- minimum of five full time campuses tions in the same service at the time of within a single state encompassed by filing; the combined primary service contours (3) If a tie remains after the tie of the proposed station and its existing breaker in paragraph (c)(2) of this sec- station(s), if the existing station(s) are tion, each of the remaining applicants regularly providing programming to will be identified as a tentative se- campuses in furtherance of their cur- lectee, with the time divided equally riculum and the proposed station will among them. increase the number of campuses it (d) Settlements. At any time during will regularly serve; or this process, the applicants may advise (iii) An organization, public or pri- the Commission that they are negoti- vate, with or without direct authority ating or have reached settlement, and over schools, that will regularly pro- the Commission will withhold further vide programming for and in coordina- comparative processing for a reason- tion with an entity described in para- able period upon such notification. Set- graph (b)(3) (i) or (ii) of this section for tlement may include an agreement to use in the school curriculum. share time on the channel voluntarily (iv) No entity may claim both the di- or other arrangement in compliance versity credit and the state-wide net- with Commission rules. Parties to a work credit in any particular applica- settlement shall comply with § 73.3525, tion. limiting any monetary payment to the (4) Technical parameters. One point to applicant’s reasonable and prudent ex- the applicant covering the largest geo- penses. graphic area and population with its (e) For applications filed after April relevant contour (60 dBu for FM and 21, 2000, an applicant’s maximum quali- Grade B for TV), provided that the ap- fications are established at the time of plicant covers both a ten percent great- application and will be reduced for any er area and a ten percent greater popu- post-application changes that nega- lation than the applicant with the next tively affect any evaluation criterion. best technical proposal. The top appli- (f) For applications filed on or before cant will receive two points instead of April 21, 2000, an applicant’s maximum one point if its technical proposal cov- qualifications are established as of the ers both a 25 percent greater area and relevant date listed in paragraph (f)(1), 25 percent greater population than the (2), or (3) of this section. After the rel- next best technical proposal.) evant date for determining an appli- (c) If the best qualified (highest scor- cant’s maximum points, points will be ing) two or more applicants have the reduced for any changes that nega- same point accumulation, the ten- tively affect any evaluation criterion. tative selectee will be determined by a Applicants will establish their quali- tie-breaker mechanism as follows: fications according to the following: (1) Each applicant’s number of attrib- (1) If the applicant is in a group for utable existing authorizations (licenses which a ‘‘B’’ cut-off notice issued prior and construction permits, commercial to April 21, 2000 its maximum non-tech- and noncommercial) in the same serv- nical qualifications are established as

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

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not downgrade service to the area on (ii) A/53, Part 2:2007, ‘‘RF/Trans- which the preference is based for a pe- mission System Characteristics’’ (Jan- riod of four years of on-air operations. uary 3, 2007), IBR approved for § 73.682. (c) The holding period in this section (iii) A/53, Part 3:2007, ‘‘Service Multi- does not apply to construction permits plex and Transport Subsystem Charac- that are awarded on a non-comparative teristics’’ (January 3, 2007), IBR ap- basis, such as those awarded to non- proved for § 73.682. mutually exclusive applicants or (iv) A/53, Part 4:2007, ‘‘MPEG–2 Video through settlement. System Characteristics’’ (January 3, 2007), IBR approved for § 73.682, except Subpart L—Incorporated for § 6.1.2 of A/53 Part 4: 2007, and the Standards phrase ‘‘see Table 6.2’’ in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3. SOURCE: 76 FR 62642, Oct. 11, 2011, unless (v) A/53, Part 5: 2010, ‘‘AC–3 Audio otherwise noted. System Characteristics’’ (July 6, 2010), § 73.8000 Incorporation by reference. IBR approved for § 73.682. (vi) A/53, Part 6:2007, ‘‘Enhanced AC– (a) The materials listed in this section are incorporated by reference in 3 Audio System Characteristics’’ (Jan- this part. These incorporations by ref- uary 3, 2007), IBR approved for § 73.682. erence were approved by the Director (3) [Reserved] of the Federal Register in accordance (4) ATSC A/65C: ‘‘ATSC Program and with 5 U.S.C. 552(a) and 1 CFR part 51. System Information Protocol for Ter- These materials are incorporated as restrial Broadcast and Cable, Revision they exist on the date of the approval, C With Amendment No. 1 dated May 9, and notice of any change in these ma- 2006,’’ (January 2, 2006), IBR approved terials will be published in the FED- for §§ 73.682. ERAL REGISTER. The materials are (5) ATSC A/85:2013 ‘‘ATSC Rec- available for inspection at the Federal ommended Practice: Techniques for Es- Communications Commission (FCC), tablishing and Maintaining Audio 445 12th St., SW., Reference Informa- Loudness for Digital Television,’’ tion Center, Room CY–A257, Wash- (March 12, 2013) (‘‘ATSC A/85 RP’’), IBR ington, DC 20554 and at the National approved for § 73.682. Archives and Records Administration (NARA). For information on the avail- (6) ATSC A/321:2016, ‘‘System Dis- ability of this material at NARA, call covery and Signaling’’ (March 23, 2016), 202–741–6030, or go to: http:// IBR approved for § 73.682. www.archives.gov/federallregister/ (7) ATSC A/322:2017 ‘‘Physical Layer codeloflfederallregulations/ Protocol’’ (June 6, 2017), IBR approved ibrllocations.html. for § 73.682. (b) The following materials are avail- (c) [Reserved] able from Advanced Television Sys- (d) The following materials are avail- tems Committee (ATSC), 1776 K Street able at the FCC, 445 12th St., SW., Ref- NW., 8th Floor, Washington, DC 20006; erence Information Center, Room CY– or at the ATSC Web site: http:// A257, Washington, DC 20554, or at the www.atsc.org/standards.html. FCC’s Office of Engineering and Tech- (1) ATSC A/52: ‘‘ATSC Standard Dig- nology (OET) Web site: http:// ital Audio Compression (AC–3),’’ 1995, www.fcc.gov/oet/info/documents/bulletins/. IBR approved for § 73.682. (1) OET Bulletin No. 69: ‘‘Longley- (2) ATSC A/53 Parts 1–4 and 6: 2007 ‘‘ATSC Digital Television Standard,’’ Rice Methodology for Evaluating TV (January 3, 2007) and ATSC A/53 Part 5: Coverage and Interference’’ (February 2010 ‘‘ATSC Digital Television Stand- 6, 2004), IBR approved for § 73.616. ard: Part 5—AC–3 Audio System Char- (2) [Reserved] acteristic,’’ (July 6, 2010), as listed [76 FR 62642, Oct. 11, 2011, as amended at 76 below: FR 55604, Sept. 8, 2011; 77 FR 40299, July 9, (i) A/53, Part 1:2007, ‘‘Digital Tele- 2012; 79 FR 51113, Aug. 27, 2014; 83 FR 5026, vision System’’ (January 3, 2007), IBR Feb. 2, 2018] approved for § 73.682.

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ALPHABETICAL INDEX—PART 73 RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A RULES APPLY TO ALL SERVICES, AM, FM, AND SPECIFIC SERVICE—Continued TV, UNLESS INDICATED AS PERTAINING TO A [Policies of FCC are indicated (*)] SPECIFIC SERVICE Donor ...... 73.503, 73.621, [Policies of FCC are indicated (*)] 73.1212 Filing of broadcast applica- 73.3580 A tions. Acceptability of broadcast transmitters 73.1660 Sponsorship ...... 73.1212 Access, Prime time (TV) ...... 73.658 Station I.D ...... 73.1201 Action on applications ...... 73.3591–73.3605 Antenna base fences, (AM) ...... 73.49 Adjacent channel and co-channel sta- Antenna, directional, Field measure- 73.61 tions, Minimum mileage, separation ments (AM). between— Antenna, directional, Field strength 73.151 FM ...... 73.207 measurements to establish perform- NCE-FM ...... 73.507 ance of (AM). Administrative changes in authoriza- Antenna height and Power require- tions— ments— FM ...... 73.212 FM ...... 73.211 TV ...... 73.615 NCE-FM ...... 73.511 Advertising— TV ...... 73.614 Refusal to sell ...... 73.4005 (*) Antenna heights, Minimum, or field 73.189 Sponsorship identification ...... 73.1212 strength requirements (AM). See also ‘‘Commer- Antenna monitors (AM) ...... 73.69 cial’’ listings. Antenna monitors, Requirements for 73.53 Affiliation agreements and network 73.658 authorization of (AM). program practices; territorial exclu- Antenna monitors, Sampling system 73.68 sivity in non-network program ar- for (AM). rangements (TV). Antenna resistance and reactance; 73.54 Affiliation agreements, Networks/sta- measurements (AM). tions Antenna site, Use of common— AM ...... 73.132, 73.3613, FM ...... 73.239 73.4154 (*) TV ...... 73.635 FM ...... 73.232, 73.3613, Antenna testing during daytime (AM) .. 73.157 73.4154 (*) Antenna structure, marking and light- 73.1213 TV ...... 73.658, 73.3613 ing. Agreement, United States-Mexico FM 73.504 Antenna system tolerances, Directional 73.62 broadcast, Channel assignments (AM). under (NCE-FM). Antenna system; Transmitter location 73.685 Agreements, International broad- 73.1650 (TV). casting. Antenna systems— Alarm and monitoring points, Auto- AM ...... 73.45 matic transmission system— FM ...... 73.316 AM ...... 73.146 NCE-FM ...... 73.510 FM ...... 73.346 TV ...... 73.685 NCE-FM ...... 73.546 Antenna systems, Directional (AM) ..... 73.150 Allocation, Engineering standards of 73.182 Antennas, Auxiliary ...... 73.1675 (AM). Antennas, Emergency ...... 73.1680 Allocation, Field strength measure- 73.186 Application and report forms ...... 73.3500 ments in; establishment of effective Applications— field at one mile (AM). Acceptance ...... 73.3564 Allotments, Table of (FM) ...... 73.202 Agreements for Conflict re- 73.3525 AM antenna systems ...... 73.45 moval. AM broadcast channels, Classes of .... 73.21, 73.23, 73.25, AM station processing ...... 73.3571 73.26, 73.27, Amendment of ...... 73.3522 73.29 AM and FM construction per- 73.4015 (*) AM definitions ...... 73.14 mits, incomplete or defec- AM directional antenna field measure- 73.61 tive. ments. Amendments, renewal and 73.3578 AM: Scope of subpart ...... 73.1 assignment or transfer of AM stereophonic broadcasting ...... 73.128 control. AM transmission system emission limi- 73.44 Assign or transfer unbuilt fa- 73.3535 tations. cility. AM transmission system fencing re- 73.49 Assignment, Involuntary ...... 73.3540 quirements. Assignment, Voluntary ...... 73.3540 Amendments— Call signs ...... 73.3550 Major/minor: Renewal, as- 73.3578 Conflicting ...... 73.3518 signment, transfer. Conflicts: other North Amer- 73.3570 Matter of right ...... 73.3522 ican countries. Procedures ...... 73.3513 Commission action required .. 73.3561 Ammeters, antenna and common 73.57 Commission action not re- 73.3562 point, Remote reading (AM). quired. Announcements required— Construction period ...... 73.3598 Designation of application for 73.3594 Construction permit extension 73.3534 hearing. Construction permit forfeiture 73.3599 422

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Contingent applications ...... 73.3517 Waiver procedure ...... 73.3603 Content ...... 73.3514 Applications for broadcast facilities, 73.37 Copies, number of; when to 73.3512 showing required (AM). file. Assignment, FM Increasing availability 73.4107 (*) Defective ...... 73.3566 of. Designation for hearing ...... 73.3593 Assignment of stations to channels 73.28 Designation for hearing, pub- 73.3594 (AM). lic notice. Assignment policies and procedures, 73.4104 (*) Dismissal ...... 73.3568 FM. Emergency authorization ...... 73.3542 Assignments, Table of— Existing station changes ...... 73.3538 FM ...... 73.202 Facilities specifications ...... 73.3516 NCE-FM ...... 73.501 Filing location; number of 73.3512 TV ...... 73.606 copies. FM, FM translator processing 73.3573 Assignments, Channel, under the 73.504 FM stations, Commercial ...... 73.4017 (*) United States-Mexico—FM Broad- Forfeiture, construction permit 73.3599 cast Agreement (NCE-FM). Formal; informal ...... 73.3511 ATS-Automatic transmission system ... 73.1500 Grant, Conditional ...... 73.3592 Attacks, Personal ...... 73.1920 Grants without hearing ...... 73.3591 Aural and visual TV transmitters, Op- 73.653 Hearing designation ...... 73.3593 eration of. Hearing status retention ...... 73.3605 Aural baseband subcarriers, TV ...... 73.665 Inconsistent ...... 73.3518 Authorization of antenna monitors, Re- 73.53 Informal; Formal ...... 73.3511 quirements for. International station proc- 73.3574 Authorization, Administrative changes essing. in— License ...... 73.3536 FM ...... 73.212 Modification and simulta- 73.3601 TV ...... 73.615 neous renewal of license. Authorizations, Experimental ...... 73.1510 Modify authorized-unbuilt fa- 73.3535 Authorizations, Remote Control ...... 73.1400 cility. Authorizations, Special Field test ...... 73.1515 Modified station license ...... 73.3544 Authorizations, Special temporary 73.1635 Multiple ...... 73.3520 (STA). Mutually exclusive applica- 73.3521 Automatic transmission system (ATS) 73.1500 tions for LPTV and TV Auxiliary antennas ...... 73.1675 translator and booster sta- Auxiliary transmitters ...... 73.1670 tions. Availability of channels— Objections, informal, Filing of 73.3587 FM ...... 73.203 Operation during repair of de- 73.3549 TV ...... 73.607 fective, required equipment. Availability to FCC of station logs and 73.1226 Petitions to deny ...... 73.3584 records. Program delivery to foreign 73.3545 stations. B Public notice, Designation for 73.3594 Barter agreements ...... 73.4045 (*) hearing. Baseband subcarriers, Aural, TV ...... 73.665 Public notice of filing ...... 73.3580 Blanketing interference— Renewal ...... 73.3539 AM ...... 73.88 Renewal and simultaneous 73.3601 FM ...... 73.318 modification of license. Broadcast channels and stations, 73.21, 73.22, 73.25, Repetitious ...... 73.3519 Classes of (AM). 73.26, 73.27, Replacement of construction 73.3534 73.29 permit. Rounding of nominal power 73.31 Broadcast day (definition) ...... 73.1700 on (AM). Broadcast facilities authorizations; 73.24 Signing of ...... 73.3513 showing required (AM). Special service authorizations 73.3543 Broadcast facilities, showing required 73.37 Specification of facilities ...... 73.3516 for applications (AM). Temporary authorization ...... 73.3542 Broadcast of FAA communications ...... 73.4102 (*) Transfer and assignment pro- 73.3597 Broadcast of lottery information ...... 73.1211 cedures. Broadcast of taped, filmed or recorded 73.1208 Transfer of control, Involun- 73.3541 material. tary. Broadcast of telephone conversation .. 73.1206 Transfer of control, Voluntary 73.3540 Broadcast transmitters, Acceptability of 73.1660 Transfer or assign unbuilt fa- 73.3535 Broadcasting agreements, Inter- 73.1650 cility. national. TV, LPTV, translator and TV 73.3572 Broadcasting emergency information .. 73.1250 booster processing. Broadcasting, Stereophonic— Unbuilt facilities: modify, as- 73.3535 FM ...... 73.297 sign or transfer. NCE-FM ...... 73.596 Use of former main antenna 73.3534 Broadcasts by candidates for public of- 73.1940 as auxiliary. fice. 423

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Communications services, Sub- C sidiary— Call letters—requests and assign- 73.3550 FM ...... 73.295 ments. NCE-FM ...... 73.593 Candidates for public office, Broadcast 73.1940 TV ...... 73.667 by. Comparative broadcast hearings—spe- 73.4082 Carrier frequency departure tolerances 73.1545 cialized formats(*). Carrier frequency measurements ...... 73.1540 Computation of interfering signal (AM) 73.185 Certification of financial qualifications .. 73.4099(*) Computations, Reference points and Changes in authorizations, Administra- distance— tive— FM ...... 73.208 FM ...... 73.212 TV ...... 73.611 TV ...... 73.615 Construction Near or Installation On 73.1692 Channel assignments under the United 73.504 an AM Tower. States-Mexico Broadcast Agreement Construction period ...... 73.3598 (NCE-FM). Construction permit, forfeited ...... 73.3599 Channels and stations, Classes of AM 73.21, 73.22, 73.25, Contests, License-Conducted ...... 73.1216 Broadcast. 73.26, 73.27, Contours, Field strength— 73.29 FM ...... 73.311 Channel 6 Protection (NCE-FM) ...... 73.525 TV ...... 73.683 Channels, Assignment of stations to 73.28 Contracts, Filing of ...... 73.3613 (AM). Coverage, Prediction of— Channels available for assignment 73.501 FM ...... 73.313 (NCE-FM). TV ...... 73.684 Channels, Availability of— Cross reference to rules in other Parts 73.1010 FM ...... 73.203 D TV ...... 73.607 Channels, Classes of Educational, and 73.506 Day, Broadcast (definition) ...... 73.1700 stations operating thereon. Daylight Savings time ...... 73.1209 Channels, FM broadcast, Numerical 73.201 Daytime (definition) ...... 73.1720 designation of. Daytime radiation, Limitation on (AM) 73.187 Channels, Restriction on use of (FM) .. 73.220 Definitions, Subscription TV ...... 73.641 Channels, TV, Numerical designation 73.603 Definitions, Technical— of. AM ...... 73.14 Channels, unreserved, Noncommercial 73.513 FM ...... 73.310 educational broadcast stations, op- TV ...... 73.681 erating on (NCE-FM). Deny, Petitions to ...... 73.3584 Character evaluation of broadcast ap- 73.4280 (*) Determining operating power— plicants. AM ...... 73.51 Charts, Engineering— FM ...... 73.267 AM ...... 73.190 NCE-FM ...... 73.567 FM ...... 73.333 TV ...... 73.663 TV ...... 73.699 Direct broadcast satellites ...... 73.4091 (*) Charts, Groundwave field strength 73.184 Directional antenna field measure- 73.61 (AM). ments (AM). Chief operators ...... 73.1870 Directional antenna system tolerances 73.62 Children’s TV programs ...... 73.4050 (*) (AM). Directional antennas, Field strength 73.151 Cigarette advertising ...... 73.4055 (*) measurements to establish perform- Citizen agreements ...... 73.4060 (*) ance of (AM). Classes of AM broadcast channels 73.21, 73.22, 73.25, Directional antenna data, Modification 73.152 and stations. 73.26, 73.27, of (AM). 73.29 Directional antenna monitoring points 73.158 Classes of noncommercial educational 73.506 (AM). FM Stations and channels. Directional antenna systems (AM) ...... 73.150 Classes of stations; power and an- 73.211 Discontinuance of operation ...... 73.1750 tenna height requirements. Distance and Reference points, com- Classified ads ...... 73.1212 putations of— Co-channel and adjacent channel sta- FM ...... 73.208 tions, Minimum separation— TV ...... 73.611 FM ...... 73.207 Distance separations, Minimum, be- NCE-FM ...... 73.507 tween stations— Combination advertising rates; joint 73.4065 (*) FM ...... 73.207 sales practices. NCE-FM ...... 73.507 Commercials Loud ...... 73.4075 (*) TV ...... 73.610 See Also ‘‘Advertising’’ list- Distress sales and tax certificates, Mi- 73.4140* ings. nority ownership. Common antenna site, use of— Doctrine, Fairness ...... 73.1910 FM ...... 73.239 Dolbey encoder ...... 73.4094 (*) TV ...... 73.635 Donor announcements (NCE-FM) ...... 73.503 Common point, and antenna amme- 73.57 Double billing ...... 73.1205 ters, Remote reading (AM). 424

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Drug lyrics ...... 73.4095 (*) FM ...... 73.314 Dual-language broadcasting in Puerto 73.1210 TV ...... 73.686 Rico, TV/FM. Field strength measurements in sup- 73.153 port of applications or evidence at E hearing (AM). EAS (Emergency Alert System ...... 11.1–11.62 Field strength measurements to estab- 73.151 EAS signal test-automated systems .... 73.4097(*) lish performance of directional an- Editorials, Political ...... 73.1930 tennas (AM). Educational, Noncommercial FM sta- 73.513 Field strength requirements or, Min- 73.189 tions on unreserved channels (NCE- imum antenna heights (AM). FM). Field test authorizations, Special ...... 73.1515 Educational stations, Noncommercial 73.621 File, Political ...... 73.1940 (TV). File, Public ...... 73.3526–73.3527 Effective field at one kilometer, Estab- 73.186 Filing of applications ...... 73.3511–73.3550 lishment of (AM). Filing of contracts ...... 73.3613 Emergency antennas ...... 73.1680 Emergency Broadcast System (EBS) .. 73.901–73.962 Filmed, taped, or recorded material; 73.1208 Emergency Alert System (EAS) ...... 11.1–11.62 Broadcast of. Emission limitations, AM transmission 73.44 Financial qualifications— system. AM and FM ...... 73.4100 (*) Employment opportunities, Equal ...... 73.2080 TV ...... 73.4101 (*) Employment report ...... 73.3612 Financial qualifications, Cer- 73.4099(*) Engineering charts— tification of. AM ...... 73.190 FM assignments, increasing 73.4107 (*) FM ...... 73.333 availability. TV ...... 73.699 Foreign broadcast stations—Permits to 73.3545 Engineering standards of allocation 73.182 furnish programs. (AM). Forfeitures ...... 1.80 Engineering, Standards of good prac- 73.508 Format changes of stations ...... 73.4110 (*) tice NCR-FM. Forms, Application and report ...... 73.3500 Equal employment opportunities ...... 73.2080 FM and AM programming, Duplication 73.242 Equipment performance measure- 73.1590 of. ments. FM assignment policies and proce- 73.4104 (*) Equipment tests ...... 73.1610 dures. Establishment of effective field at one 73.186 FM broadcast channels, Numerical 73.201 kilometer (AM). designation of. Evaluation of broadcast applicant char- 73.4280 (*) FM multiplex subcarriers, Use of ...... 73.293 acter. FM multiplex subcarriers transmission 73.319 Exclusivity, Territorial (Network)— technical standards. AM ...... 73.132 FM subsidiary communications serv- 73.295 FM ...... 73.232 ices. TV ...... 73.658 Communication services ...... 73.295 Experimental authorizations ...... 73.1510 FM transmitter site map submissions .. 73.4108 Experimental period, Operating during 73.72 FM/TV dual-language broadcasting in 73.1210 the (AM). Puerto Rico. Extension meters ...... 73.1550 Frequency measurement, Carrier ...... 73.1540 Frequency departure tolerances, Car- 73.1545 F rier. FAA communications, Broadcast of ..... 73.4102 (*) Facilities, Automatic transmission sys- G tem— General operating requirements (Sub- 73.643 AM ...... 73.142 scription TV). FM ...... 73.342 General requirements for type ap- 73.692 NCE-FM ...... 73.542 proval of modulation monitors (TV). Facilities authorizations; Broadcast; 73.24 General requirements relating to logs 73.1800 showing required (AM). Grants— Fairness Doctrine ...... 73.1910 Conditional ...... 73.3592 FCC Policies ...... 73.4000 (*) Without hearing ...... 73.3591 FCC, Station inspections by ...... 73.1225 Groundwave field strength charts (AM) 73.184 Fencing requirements, AM trans- 73.49 Groundwave signals (AM) ...... 73.183 mission system. Fencing requirements, AM stations ..... 73.49 H Field measurements, AM directional 73.61 Hard Look Deficiencies and Amend- 73.3522(a)(6) antenna. ments (as modified) (FM). Field strength charts, Groundwave 73.184 Hearings, Designation of applications 73.3593 (AM). for. Field strength contours— Hours, Specified ...... 73.1730 FM ...... 73.311 TV ...... 73.683 I Field strength measurements: estab- 73.186 Identification, Sponsorship; list reten- 73.1212 lishment of effective field. tion, related requirements. Field strength measurements— Identification, Station ...... 73.1201 425

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Indicating instruments (requirements Logs ...... 73.781 for)— Retention of logs ...... 73.782 AM ...... 73.58 Logs, by whom kept ...... 73.1800 FM ...... 73.258 Log form ...... 73.1800 NCE-FM ...... 73.558 Log corrections ...... 73.1800 TV ...... 73.688 Station identification ...... 73.787 Indicating instruments—specifications 73.1215 Service; Commercial or spon- 73.788 (meters). sored programs. Information available on the Internet ... 73.3617 Sponsorship identification ...... 73.1212 Information, Broadcasting emergency 73.1250 Rebroadcasts ...... 73.1207 Input power, Antenna; how determined 73.51 Equal employment opportuni- 73.2080 (AM). ties. Inspection of program logs, Public ...... 73.1850 International broadcasting agreements 73.1650 Inspections, Station, by FCC ...... 73.1225 L Inspections, Transmission system ...... 73.1580 Installation On or Construction Near 73.1692 Letters received from the public, Re- 73.1202 an AM Tower. tention of. Instruments, Indicating (requirements License period, Station ...... 73.1020 for)— Licensee-conducted contests ...... 73.1216 AM ...... 73.58 Licenses, station and operator, Posting 73.1250 FM ...... 73.258 of. NCE-FM ...... 73.558 Licensing, Acceptability of broadcast 73.640 TV ...... 73.688 transmitters for (TV). Licensing by lottery or random selec- 1.1601–1.1623, Instruments, indicating—specifications 73.1215 tion. 73.3572, 73.3584, (meters). 73.3597 Interference, Blanketing— Licensing policies (Subscription TV) .... 73.642 AM ...... 73.88 Licensing requirements and service 73.503 FM ...... 73.318 (NCE-FM). Interference, Protection from— Lighting and marking, Antenna struc- 73.1213 FM ...... 73.209 ture. NCE-FM ...... 73.509 Limitation on daytime radiation (AM) ... 73.187 TV ...... 73.612 Limited time ...... 73.1725 Interference to Astronomy, Research 73.1030 Lists retention; Sponsorship identifica- 73.1212 and Receiving installations, Notifica- tion; related requirements. tions concerning. Location of transmitter— Interfering signal, Computation of (AM) 73.185 FM ...... 73.315 International Broadcast stations ...... 73.701–73.793 TV ...... 73.685 Definitions ...... 73.701 Location, Station ...... 73.1120 Assignment and use of fre- 73.702 Location, Transmitter and antenna 73.685 quencies. system (TV). Geographical zones and 73.703 Logs— areas of reception. General requirements related 73.1800 Notification of filing of applica- 73.1030 to the station. tions. Station ...... 73.1820 Equipment tests ...... 73.712 Program ...... 73.1810 Program tests ...... 73.713 Program, Public inspection of 73.1850 Licensing requirements ...... 73.731 Retention of ...... 73.1840 Authorizations ...... 73.732 Logs and records, Availability to FCC 73.1226 Normal license period ...... 73.733 Lottery or random selection licensing .. 1.1601–1.1623, Operating power ...... 73.751 73.3572, 73.3584, Antenna systems ...... 73.753 73.3597 Frequency monitors ...... 73.754 Lottery information, Broadcast of ...... 73.1211 Modulation monitors ...... 73.755 Transmission system require- 73.756 M ments. Main transmitters ...... 73.1665 Auxiliary transmitters ...... 73.757 Maintenance and tests, Operation for 73.1520 Alternate main transmitters .... 73.758 Marking and Lighting, Antenna struc- 73.1213 Modification of transmission 73.759 ture. systems. Measurements, Antenna resistance 73.54 Time of operation ...... 73.761 and reactance (AM). Station inspection ...... 73.1225 Measurements, Carrier frequency ...... 73.1540 Station license and seasonal 73.1230 Measurements, Equipment perform- 73.1590 schedules, posting of. ance. International broadcast station 73.764 Measurements, Field strength, for es- 73.186 operator requirements. tablishment of effective field at one Determining operating power 73.765 mile. (AM). Modulation and bandwidth ..... 73.766 Measurements, Field strength in sup- 73.153 Frequency tolerance ...... 73.1545 port of applications or evidence at Antenna structure marking 73.1213 hearings (AM). and lighting. Measurements, Field strength— Discontinuance of operation .. 73.1750 FM ...... 73.314 426

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] TV ...... 73.686 Network/station affiliation agree- Measurements, Field strength, to es- 73.151 ments— tablish performance of directional AM ...... 73.132, 73.3613, antennas (AM). 73.4154 (*) Measurements, Equipment perform- 73.1590 FM ...... 73.232, 73.3613, ance. 73.4154 (*) Meters, Extension ...... 73.1550 TV ...... 73.658, 73.3613 Meters—specifications ...... 73.1215 Network syndication ...... 73.658 Mexican/U.S. Agreement ...... 73.3570 (Network), Territorial exclusivity— Mexico—U.S. FM Broadcast Agree- 73.504 AM ...... 73.132 ment, Channel Assignment under FM ...... 73.232 (NCE-FM). TV ...... 73.658 Minimum antenna heights or field 73.189 Nighttime service areas, Class II and 73.4160 (*) strength requirements (AM). III AM Stations; computation. Minimum filing requirement (FM) ...... 73.3564(a) Nominal Power, Rounding of (AM) ...... 73.31 Minimum operating schedule ...... 73.1740 Noncommercial educational channel 73.504 Minimum separations between sta- assignments under the United tions— States-Mexico FM Broadcast Agree- FM ...... 73.207 ment. NCE-FM ...... 73.507 Noncommercial educational FM sta- 73.506 TV ...... 73.610 tions and channels. Minimum separation, Stations at 73.213 Noncommercial educational FM sta- 73.513 spacings below (FM). tions operating on unreserved chan- Minority ownership; tax certificates and 73.4140 (*) nels. distress sales. Noncommercial educational stations 73.621 Misrepresentation in advertising bill- 73.1205 (TV). ings. Noncommercial nature—educational 73.4163 (*) Mode and Operating power tolerances 73.1560 broadcast stations. Modification of directional antenna 73.152 Notifications concerning interference to 73.1030 data (AM). Radio Astronomy, Research and Modification of facilities, Operation dur- 73.1615 Receiving installations. ing. Numerical designation of FM broad- 73.201 Modification of transmission systems .. 73.1690 cast channels. Modulation levels, AM, FM, and TV 73.1570 Numerical designation of TV channels 73.603 aural. Modulation monitoring equipment, Vis- 73.691 O ual. Objections (informal) to applications .... 73.3587 Monitoring and alarm points, Auto- Obscene language ...... 73.4165 (*) matic transmission system— Obscene lyrics ...... 73.4170 (*) AM ...... 73.146 Operating during the experimental pe- 73.72 FM ...... 73.346 riod (AM). NCE-FM ...... 73.546 Operating on unreserved channels, 73.513 Monitoring equipment, Visual modula- 73.691 Noncommercial educational broad- tion. cast stations (NCE-FM). Monitoring point locations ...... 73.158 Operating power, Determining— Monitors, Antenna (AM) ...... 73.69 AM ...... 73.51 Monitors, antenna, Requirements for 73.53 FM ...... 73.267 authorization of (AM). NCE-FM ...... 73.567 Monitors, antenna, Sampling system 73.68 TV ...... 73.663 for (AM). Operating power and mode tolerances 73.1560 Multiple ownership ...... 73.3555 Operating requirements, General (Sub- 73.643 Multiplex subcarrier trans- 73.319 scription TV operations). mission technical stand- Operating schedule, Minimum ...... 73.1740 ards, FM. Operating schedule; time sharing 73.561 Multiplex subscribers, Use of— (NCE-FM). FM ...... 73.293 Operation, Discontinuance of ...... 73.1750 TV ...... 73.665 Operation during modification of facili- 73.1615 Multiplex subsidiary, Use of ...... 73.667 ties. Multiplex transmission, Use of (AM) .... 73.127 Operation for tests and maintenance .. 73.1520 Operation of TV aural and visual trans- 73.653 N mitters. NARBA (North American Regional 73.3570 Operation, Remote Control ...... 73.1410 Broadcasting Agreement). Operation, Time of ...... 73.1705 Network, Affiliation agreements and 73.658 Operation, Unauthorized ...... 73.1745 program practices; territorial exclu- Operator and station licenses, Posting 73.1230 sivity in non-network program ar- of. rangements (TV). Operators, Chief ...... 73.1870 Network/AM and FM station affiliation 73.4154 (*) Operators, Transmitter duty ...... 73.1860 agreements. Overlap, Prohibited ...... 73.509 Network signals—adversely affecting 73.4157 (*) Ownership, Multiple ...... 73.3555 affiliate service. Ownership report ...... 73.3615 427

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Public inspection file ...... 73.3526–73.3527 P Public inspection of program logs ...... 73.1850 Payment disclosure: Payola, plugola, 73.4180 (*) Public office, Broadcasts by can- 73.1940 kickbacks. didates for. Performance measurements, Equip- 73.1590 Puerto Rico TV/FM, dual-language 73.1210 ment. broadcasting in. Performance of directional antennas, 73.151 Field strength measurements to es- Q tablish (AM). Quiet zone ...... 73.1030 Performance requirements, AM trans- 73.40 R mission systems. Permissible transmissions (FM) ...... 73.277 Radiation characteristics, Vertical 73.160 Personal attacks ...... 73.1920 plane. Petitions to deny ...... 73.3584 Radiation, daytime, Limitation on (AM) 73.187 Plans, State-wide (NCE-FM) ...... 73.502 Random selection or lottery licensing .. 1.1601–1.1623, Points, Reference, and distance com- 73.611 73.23572, putations (TV). 73.3584, 73.3597 Point-to-point emergency messages ... 73.1250 Rebroadcasts ...... 73.1207 Policies, Licensing (TV) ...... 73.642 Recorded, taped or filmed material; 73.1208 Policies of FCC ...... 73.4000 (*) Broadcast of. Political advertising by UHF translators 73.4195 (*) Recording telephone conversations ..... 73.1206 Political advertising—sponsorship 73.1212 Records and logs, Availability to FCC 73.1226 identification. Records, special technical ...... 73.1835 Political broadcasting and telecasting, 73.4185 (*) Reference, Cross, to rules in other 73.1010 The law of. Parts. Political candidate authorization notice 73.4190 (*) Reference points and distance com- and sponsorship identification. putations— Political editorials ...... 73.1930 FM ...... 73.208 Political file ...... 73.1940 TV ...... 73.611 Portable test stations ...... 73.1530 Reference to time ...... 73.1209 Posting of station and operator li- 73.1230 Remote control authorizations ...... 73.1400 censes. Remote control operation ...... 73.1410 Power and antenna height require- Remote reading antenna and common 73.57 ments— point ammeters (AM). FM ...... 73.211 Renewal period ...... 73.1020 NCE-FM ...... 73.511 Report and application forms ...... 73.3500 TV ...... 73.614 Requirements, Equipment and tech- 73.644 Power and mode tolerances, Oper- 73.1560 nical system performance (TV). ating. Requirements for authorization of an- 73.53 Power, nominal, Rounding of (AM) ...... 73.31 tenna monitors (AM). Power, operating, determining— Requirements, Subscription TV, oper- 73.643 AM ...... 73.51 ating. FM ...... 73.267 Requirements, Power and antenna NCE-FM ...... 73.567 height— TV ...... 73.663 AM ...... 73.189 Prediction of coverage— FM ...... 73.211 FM ...... 73.313 NCE-FM ...... 73.511 TV ...... 73.684 TV ...... 73.614 Presunrise service authorization 73.99 Requirements, relating to logs, Gen- 73.1800 (PSRA) and Post sunset service au- eral. thorization (PSSA). Requirements, Transmission system Prime time access (TV) ...... 73.658 FM ...... 73.317 Procedure Manual: ‘‘The Public and 73.4210 (*) TV ...... 73.687 Broadcasting’’. Requirements, Transmission system 73.40 Processing of applications ...... 73.3561–73.3587 performance (AM). Program logs ...... 73.1810 Responses and statements to Com- 73.1015 Program logs, Public inspection of ...... 73.1850 mission inquiries. Program matter: Supplier identification 73.4215 (*) Restrictions on use of channels (FM) .. 73.220 Prgoram practices, network, and Affili- 73.658 Retention of letters received from the 73.1202 ation agreements; territorial exclu- public. sivity in non-network program ar- Retention of logs ...... 73.1840 rangements (TV). Rounding of nominal power (AM) ...... 73.31 Program tests ...... 73.1620 (Rules common to all broadcast sta- 73.1001 Prohibited overlap ...... 73.509 tions), Scope. Proofs of performance, partial and 73.154 Rules in other Parts, Cross reference 73.1010 skeleton, Field strength measure- to. ments (AM). S Protection from interference— Sampling systems for antenna mon- 73.68 FM ...... 73.209 itors (AM). NCE-FM ...... 73.509 Satellites, Direct broadcast ...... 73.4091 (*) TV ...... 73.612 SCA— Proxy statements and tender offers ..... 73.4266(*) 428

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] FM ...... 73.293 Stations at spacings below the min- 73.213 NCE-FM ...... 73.593 imum separation (FM). Schedule, Minimum operating ...... 73.1740 Stations, Noncommercial educational 73.621 Schedule; Operating, time sharing 73.561 (TV). (NCE-FM). Stations, Noncommercial educational 73.513 School closings ...... 73.1250 FM, operating on unreserved chan- Scope of Subpart A (AM) ...... 73.1 nels. Scope of Subpart E (TV) ...... 73.601 Stereophonic sound broadcasting— Scope of Subpart H (rules common to 73.1001 AM ...... 73.128 all broadcast stations). FM ...... 73.297 Separations (channel) (TV) ...... 73.610 NCE-FM ...... 73.597 Separations, Minimum mileage, be- TV ...... 73.669 tween co-channel and adjacent Stereophonic pilot subcarriers— 73.4246 (*) channel stations— monophonic programming. FM ...... 73.217 Stereophonic sound transmission NCE-FM ...... 73.507 standards— Separations, Stations at spacings 73.213 AM ...... 73.128 below minimum (FM). FM ...... 73.322 Service and licensing requirements 73.503 TV ...... 73.682 (NCE-FM). Subcarrier multiplex, transmission Share time ...... 73.1715 standards— Sharing time, Operating schedule 73.561 FM ...... 73.319 (NCE-FM). Subcarrier, multiplex, Use of— Short-spacing agreements: FM sta- 73.4235 (*) FM ...... 73.293 tions. TV ...... 73.665 Showing required; Applications for 73.37 Subliminal perception ...... 73.4250 (*) broadcast facilities (AM). Subpart A, Scope of (AM) ...... 73.1 Signal, Computation of interfering (AM) 73.185 Signal, Groundwave (AM) ...... 73.183 Subpart E, Scope of (TV) ...... 73.601 Site, common antenna, Use of— Subpart H, Scope of (rules common to 73.1001 FM ...... 73.239 all broadcast stations). TV ...... 73.635 (Subscription TV operations), Defini- 73.641 Spacings, Stations below the minimum 73.213 tions. separations (FM). Subsidiary Communications services— Special antenna test authorizations 73.157 FM ...... 73.295 (AM). NCE-FM ...... 73.595 Special field test authorization ...... 73.1515 TV ...... 73.667 Special technical records ...... 73.1835 Subscription TV— Special temporary authorizations 73.1635 Competing applications ...... 73.4247 (*) (STA’s). Definitions ...... 73.641 Specifications—Indicating instruments 73.1215 Licensing policies ...... 73.642 (meters). Operating requirements ...... 73.643 Specified hours ...... 73.1730 Transmission systems ...... 73.644 Sponsorship identification list retention; 73.1212 Syndication, network ...... 73.658 related requirements. T Sponsorship identification rules, Appli- 73.4242 (*) cability of. Table of assignments— STA’s (Special temporary authoriza- 73.1635 FM ...... 73.202 tions). TV ...... 73.606 Standard time ...... 73.1209 Tables (Distance-degree conversions 73.698 Standards, FM multiplex subcarrier, 73.319 and separations) (TV). technical. Taped, filmed, or recorded material; 73.1208 Standards of allocation, Engineering 73.182 Broadcast of. (AM). Tax certificates and distress sales; Mi- 73.4140(*) Standards of good engineering prac- 73.508 nority sales. tice—NCE-FM. Tax certificates: Issuance of ...... 73.4255 (*) Standards, Stereophonic transmission 73.322 Teaser announcements ...... 73.4260 (*) (FM). Technical definitions— Standards, Transmission ...... 73.682 AM ...... 73.14 State-wide plans (NCE-FM) ...... 74.502 FM ...... 73.310 Statements and responses to Commis- 73.1015 TV ...... 73.681 sion inquiries. Technical records, Special ...... 73.1835 Station and operator licenses, Posting 74.1230 (Technical standards), Definitions (TV) 73.681 of. Telecommunications service on 73.646 Station identification ...... 73.1201 vertical blanking interval. Station inspections by FCC ...... 73.1225 Telephone conversations, Broadcast of 73.1206 Station license period ...... 73.1020 Telephone conversation broadcasts 73.4625 (*) Station location ...... 73.1120 (network and like sources). Station log ...... 73.1820 Television channels, Numerical des- 73.603 Station transferring ...... 73.1150 ignation of. Stations, Assignment of, to channels 73.28 Temporary authorizations, Special 73.1635 (AM). (STA’s). 429

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RULES APPLY TO ALL SERVICES, AM, FM, AND RULES APPLY TO ALL SERVICES, AM, FM, AND TV, UNLESS INDICATED AS PERTAINING TO A TV, UNLESS INDICATED AS PERTAINING TO A SPECIFIC SERVICE—Continued SPECIFIC SERVICE—Continued [Policies of FCC are indicated (*)] [Policies of FCC are indicated (*)] Tender offers and proxy statements .... 73.4266(*) U.S./Mexican Agreement ...... 73.3570 Territorial exclusivily in non-network 73.658 USA-Mexico FM Broadcast Agree- 73.504 program arrangements; Affiliation ment, Channel assignments under agreements and network program (NCE-FM). practices (TV). Unlimited time ...... 73.1710 Territorial exclusivity, (Network)— Unreserved channels, Noncommercial 73.513 AM ...... 73.132 educational broadcast stations oper- FM ...... 73.232 ating on (NCE-FM). TV ...... 73.658 Use of channels, Restrictions on (FM) 73.220 Test authorization, Special field ...... 73.1515 Use of common antenna site— Test stations, Portable ...... 73.1530 FM ...... 73.239 Testing antenna during daytime (AM) 73.157 TV ...... 73.635 Tests and maintenance, Operation for 73.1520 Use of multiplex subcarriers— Tests of equipment ...... 73.1610 FM ...... 73.293 Tests, Program ...... 73.1620 TV ...... 73.665 Time brokerage ...... 73.4627 (*) Use of multiplex transmissions (AM) ... 73.127 Time of operation ...... 73.1705 Time, Limited ...... 73.1725 V Time, Reference to ...... 73.1209 Vertical blanking interval, Tele- 73.646 Time, Share ...... 73.1715 communication service on. Time Sharing, Operating schedule 73.561 Vertical plane radiation characteristics 73.160 (NCE-FM). Visual and aural TV transmitters, Op- 73.653 Time, Unlimited ...... 73.1710 eration of. Tolerances, Carrier frequency depar- 73.1545 Visual modulation monitoring equip- 73.691 ture. ment. Tolerances, Directional antenna sys- 73.62 W tem (AM). Tolerances, Operating power and 73.1560 Want ads ...... 73.1212 mode. Z Tone clusters: Audio attention-getting 73.4275 (*) devices. Zone, Quiet ...... 73.1030 Topographic data (FM) ...... 73.3120 Zones— Tower lighting and painting ...... 73.1213 FM ...... 73.205 Transferring a station ...... 73.1150 NCE-FM ...... 73.505 Transmission standards, Changes in .. 73.1695 TV ...... 73.609 Transmission standards (TV) ...... 73.682 Transmission system, Automatic (ATS) 73.1500 [50 FR 38530, Sept. 23, 1985; 50 FR 40395, Oct. Transmission system emission limita- 73.44 3, 1985, as amended at 51 FR 34621, 34622, tions, (AM). Sept. 30, 1986; 52 FR 37316, Oct. 6, 1987; 52 FR Transmission system inspections ...... 73.1580 47569, Dec. 15, 1987; 53 FR 2499, Jan. 28, 1988; Transmission system installation and 73.49 safety requirements, AM. 58 FR 51250, Oct. 1, 1993; 59 FR 67103, Dec. 28, Transmission system performance re- 73.40 1994; 63 FR 33878, June 22, 1998; 82 FR 57884, quirements (AM). Dec. 8, 2017] Transmission system requirements— FM ...... 73.317 TV ...... 73.687 PART 74—EXPERIMENTAL RADIO, Transmission systems, Modification of 73.1690 AUXILIARY, SPECIAL BROADCAST Transmission systems, subscription TV 73.644 Transmissions, Permissible (FM) ...... 73.277 AND OTHER PROGRAM DISTRIBU- Transmitter duty operators ...... 73.1860 TIONAL SERVICES Transmitter, Location— FM ...... 73.315 TV ...... 73.685 Subpart—General; Rules Applicable to All Transmitter location and antenna sys- 73.685 Services in Part 74 tem (TV). Transmitters, Auxiliary ...... 73.1670 Sec. Transmitters, broadcast, Acceptability 73.1660 74.1 Scope. of. 74.2 General definitions. Transmitters, Main ...... 73.1665 74.3 FCC inspections of stations. Transmitters, TV, aural and visual, Op- 73.653 74.5 Cross reference to rules in other parts. eration of. TV Channel 6 protection (NCE-FM) .... 73.525 74.6 Licensing of broadcast auxiliary and TV colorburst during black/white pro- 73.4272 (*) low power auxiliary stations. gramming. 74.12 Notification of filing of applications. TV/FM dual-language broadcasting in 73.1210 74.13 Equipment tests. Puerto Rico. 74.14 Service or program tests. Type approval of modulation monitors, 73.692 74.15 Station license period. General requirements (TV). 74.16 Temporary extension of station li- U censes. Unauthorized operation ...... 73.1745 74.18 Transmitter control and operation. 430

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