278 Subpart H—Rules Applicable to All Broadcast Stations

§ 73.879 47 CFR Ch. I (10–1–16 Edition)

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

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

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

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

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any frequency a direct wave funda- monitoring facility in § 0.121(c) of the mental field strength of greater than 10 Commission’s Rules and also meets the mV/m in the authorized bandwidth of criteria outlined in paragraphs (b) (2) service (¥65.8 dBW/m2 power flux den- and (3) of this section. sity assuming a free space char- (5) The Commission will not screen acteristic impedance of 120 π ohms) at applications to determine whether ad- the referenced coordinates, may be ex- vance consultation has taken place. amined to determine extent of possible However, applicants are advised that interference. Depending on the theo- such consultation can avoid objections retical field strength value and exist- from the Federal Communications ing root-sum-square or other ambient Commission or modification of any au- radio field signal levels at the indi- thorization which will cause harmful cated coordinates, a clause protecting interference. the monitoring station may be added [43 FR 32782, July 28, 1978, as amended at 44 to the station authorization. FR 77167, Dec. 31, 1979; 47 FR 9221, Mar. 4, (2) In the event that calculated value 1982; 50 FR 39003, Sept. 26, 1985; 52 FR 25867, of expected field exceeds 10 mV/m July 9, 1987; 52 FR 36879, Oct. 1, 1987; 52 FR (¥65.8 dBW/m2) at the reference coordi- 37789, Oct. 9, 1987; 56 FR 64872, Dec. 12, 1991; nates, or if there is any question 61 FR 8477, Mar. 5, 1996; 62 FR 55532, Oct. 27, whether field strength levels might ex- 1997; 63 FR 70048, Dec. 18, 1998; 70 FR 31373, ceed the threshold value, advance con- June 1, 2005; 80 FR 53750, Sept. 8, 2015] sultation with the FCC to discuss any § 73.1120 Station location. protection necessary should be considered. Prospective applicants may com- Each AM, FM, TV and Class A TV municate with the Public Safety and broadcast station will be licensed to Homeland Security Bureau. the principal community or other po- (3) Advance consultation is suggested litical subdivision which it primarily particularly for those applicants who serves. This principal community (city, have no reliable data which indicates town or other political subdivision) whether the field strength or power will be considered to be the geo- flux density figure indicated would be graphical station location. exceeded by their proposed radio facili- [65 FR 30003, May 10, 2000] ties (except mobile stations). In such instances, the following is a suggested § 73.1125 Station main studio location. guide for determining whether an ap- (a) Except for those stations de- plicant should coordinate: scribed in paragraph (b) of this section, (i) All stations within 2.4 kilometers each AM, FM, and TV broadcast sta- (1.5 statute miles); tion shall maintain a main studio at (ii) Stations within 4.8 kilometers (3 one of the following locations: statute miles) with 50 watts or more (1) Within the station’s community average effective radiated power (ERP) of license; in the primary plane of polarization in (2) At any location within the prin- the azimuthal direction of the Moni- cipal community contour of any AM, toring Stations. FM, or TV broadcast station licensed (iii) Stations within 16 kilometers (10 to the station’s community of license; statute miles) with 1 kW or more aver- or age ERP in the primary plane of polar- (3) Within twenty-five miles from the ization in the azimuthal direction of reference coordinates of the center of the Monitoring Station; its community of license as described (iv) Stations within 80 kilometers (50 in § 73.208(a)(1). statute miles) with 25 kW or more average ERP in the primary plane of po- NOTE TO PARAGRAPH (a): The principal com- larization in the azimuthal direction of munity contour of AM stations that simul- the Monitoring Station; cast on a frequency in the 535–1605 kHz band (4) Advance coordination for stations and on a frequency in the 1605–1705 kHz band shall be the 5 mV/m contour of the lower operating above 1000 MHz is rec- band operation during the term of the simul- ommended only where the proposed taneous operating authority. Upon termi- station is in the vicinity of a moni- nation of the 535–1605 kHz band portion of toring station designated as a satellite the dual frequency operation, the principal

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community contour shall become the 5 mV/ location outside those specified in m of the remaining operation in the 1605–1705 paragraph (a) or (c) of this section, and kHz band. the licensee or permittee desires to (b) The following stations are not re- specify a new location also located out- quired to maintain their main studio side those locations, written authority at the locations described in paragraph must also be received from the Com- (a) of this section. mission prior to the relocation of the (1) AM stations licensed as syn- main studio. Authority for these chronous amplifier transmitters (‘‘AM changes may be requested by filing a boosters’’) or, letter with an explanation of the pro- (2) AM, FM, or TV stations, when posed changes with the appropriate di- good cause exists for locating the main vision. Licensees or permittees should studio at a location other than that de- also be aware that the filing of such a scribed in paragraph (a) of this section, letter request does not imply approval and when so doing would be consistent of the relocation request, because each with the operation of the station in the request is addressed on a case-by-case public interest. basis. A filing fee is required for com- (c) Each Class A television station mercial AM, FM, TV or Class A TV li- shall maintain a main studio at a loca- censees or permittees filing a letter re- tion within the station’s predicted quest under the section (see § 1.1104 of Grade B contour, as defined in § 73.683 this chapter). and calculated using the method speci- (e) Each AM, FM, TV and Class A TV fied in § 73.684. With respect to a group broadcast station shall maintain a of commonly controlled stations, Class local telephone number in its commu- A stations whose predicted Grade B nity of license or a toll-free number. contours are physically contiguous to [63 FR 49497, Sept. 16, 1998, as amended at 65 each other may locate their main stu- FR 30003, May 10, 2000; 66 FR 21690, May 1, dio within any of these contours. If a 2001; 67 FR 13232, Mar. 21, 2002] Class A station is one of a group of commonly controlled Class A stations, § 73.1150 Transferring a station. but its predicted Grade B contour is (a) In transferring a broadcast sta- not physically contiguous to that of tion, the licensee may retain no right another Class A station in the com- of reversion of the license, no right to monly owned group, its main studio reassignment of the license in the fu- shall be located within its own pre- ture, and may not reserve the right to dicted Grade B contour. Alternatively, use the facilities of the station for any a Class A television station shall main- period whatsoever. tain a main studio at the site used by (b) No license, renewal of license, as- the station as of November 29, 1999. signment of license or transfer of con- (d) Relocation of the main studio trol of a corporate licensee will be may be made: granted or authorized if there is a con- (1) From one point to another within tract, arrangement or understanding, the locations described in paragraph (a) express or implied, pursuant to which, or (c) of this section, or from a point as consideration or partial consider- outside the locations specified in para- ation for the assignment or transfer, graph (a) or (c) to one within those lo- such rights, as stated in paragraph (a) cations, without specific FCC author- of this section, are retained. ity, but notification to the FCC in (c) Licensees and/or permittees au- Washington shall be made promptly. thorized to operate in the 535–1605 kHz (2) Written authority to locate a and in the 1605–1705 kHz band pursuant main studio outside the locations spec- to the Report and Order in MM Docket ified in paragraph (a) or (c) of this sec- No. 87–267 will not be permitted to as- tion for the first time must be obtained sign or transfer control of the license from the Audio Division, Media Bureau or permit for a single frequency during for AM and FM stations, or the Video the period that joint operation is au- Division for TV and Class A television thorized. stations before the studio may be (d) Authorizations awarded pursuant moved to that location. Where the to the noncommercial educational main studio is already authorized at a point system in subpart K are subject

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to the holding period in § 73.7005. Appli- The transmitting station may insert cations for an assignment or transfer between its call letters and its commu- filed prior to the end of the holding pe- nity of license the following informa- riod must demonstrate the factors enu- tion: the frequency of the transmitting merated therein. station, the channel number of the [44 FR 58720, Oct. 11, 1979, as amended at 56 transmitting station, the name of the FR 64872, Dec. 12, 1991; 65 FR 36378, June 8, licensee of the transmitting station 2000] and the licensee providing the programming, and/or the name of the net- § 73.1201 Station identification. work of either station. Where a (a) When regularly required. Broadcast multicast station is carrying the pro- station identification announcements gramming of another station and is shall be made: identifying that station as the source (1) At the beginning and ending of of the programming, using the format each time of operation, and described above, the identification may (2) Hourly, as close to the hour as not include the frequency or channel feasible, at a natural break in program number of the program source. A radio offerings. Television and Class A tele- station operating in DAB hybrid mode vision broadcast stations may make or extended hybrid mode shall identify these announcements visually or au- its digital signal, including any free rally. multicast audio programming streams, (b) Content. (1) Official station identi- in a manner that appropriately alerts fication shall consist of the station’s its audience to the fact that it is lis- call letters immediately followed by tening to a digital audio broadcast. No the community or communities speci- other insertion between the station’s fied in its license as the station’s loca- call letters and the community or com- tion; Provided, That the name of the li- munities specified in its license is per- censee, the station’s frequency, the missible. station’s channel number, as stated on (2) A station may include in its offi- the station’s license, and/or the sta- cial station identification the name of tion’s network affiliation may be in- any additional community or commu- serted between the call letters and sta- nities, but the community to which the tion location. DTV stations, or DAB station is licensed must be named first. Stations, choosing to include the station’s channel number in the station (c) Channel—(1) General. Except as identification must use the station’s otherwise provided in this paragraph, major channel number and may distin- in making the identification announce- guish multicast program streams. For ment the call letters shall be given example, a DTV station with major only on the channel, or channels in the channel number 26 may use 26.1 to case of a broadcaster that is multi- identify an HDTV program service and casting more than a single channel, 26.2 to identify an SDTV program serv- identified thereby. ice. A DTV station that is devoting one (2) Simultaneous AM (535–1605 kHz) and of its multicast streams to transmit AM (1605–1705 kHz broadcasts. If the the programming of another television same licensee operates an AM broad- licensee must identify itself and may cast station in the 535–1605 kHz band also identify the licensee that it is and an AM broadcast station in the transmitting. If a DTV station in this 1605–1705 kHz band with both stations situation chooses to identify the sta- licensed to the same community and tion that is the source of the program- simultaneously broadcasts the same ming it is transmitting, it must use programs over the facilities of both the following format: Station WYYY– such stations, station identification DT, community of license (call sign announcements may be made jointly and community of license of the sta- for both stations for periods of such si- tion whose multicast stream is trans- multaneous operations. mitting the programming), bringing (3) Satellite operation. When program- you WXXX, community of license (call ming of a broadcast station is rebroad- sign and community of license of the cast simultaneously over the facilities licensee providing the programming). of a satellite station, the originating

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station may make identification an- years from the date on which they are nouncements for the satellite station received by the licensee. for periods of such simultaneous oper- (b) Letters received by TV and Class ation. A TV licensees shall be placed in one of (i) In the case of a television broad- the following separated subject cat- cast station, such announcements, in egories: programming or non-program- addition to the information required by ming. If comments in a letter relate to paragraph (b)(1) of this section, shall both categories, the licensee shall file include the number of the channel on it under the category to which the which each station is operating. writer has given greater attention. (ii) In the case of aural broadcast stations, such announcements, in addition [65 FR 30003, May 10, 2000] to the information required by para- § 73.1206 Broadcast of telephone con- graph (b)(1) of this section, shall in- versations. clude the frequency on which each station is operating. Before recording a telephone con- (d) Subscription television stations versation for broadcast, or broad- (STV). The requirements for official casting such a conversation simulta- station identification applicable to TV neously with its occurrence, a licensee stations will apply to Subscription TV shall inform any party to the call of stations except, during STV-encoded the licensee’s intention to broadcast programming such station identifica- the conversation, except where such tion is not required. However, a station party is aware, or may be presumed to identification announcement will be be aware from the circumstances of the made immediately prior to and fol- conversation, that it is being or likely lowing the encoded Subscription TV will be broadcast. Such awareness is program period. presumed to exist only when the other party to the call is associated with the [34 FR 19762, Dec. 17, 1969, as amended at 37 station (such as as employee or part- FR 23726, Nov. 8, 1972; 39 FR 6707, Feb. 22, time reporter), or where the other 1974; 39 FR 9442, Mar. 11, 1974; 41 FR 29394, party originates the call and it is obvi- July 16, 1976; 47 FR 3791, Jan. 27, 1982; 48 FR 51308, Nov. 8, 1983; 56 FR 64872, Dec. 12, 1991; ous that it is in connection with a pro- 65 FR 30003, May 10, 2000; 69 FR 59535, Oct. 4, gram in which the station customarily 2004; 72 FR 45693, Aug. 15, 2007; 73 FR 5684, broadcasts telephone conversations. Jan. 30, 2008; 76 FR 71269, Nov. 17, 2011] [35 FR 7733, May 20, 1970] EFFECTIVE DATE NOTE: At 73 FR 5684, Jan. 30, 2008, § 73.1201 was amended by revising § 73.1207 Rebroadcasts. paragraph (b)(1). This paragraph contains information collection and recordkeeping re- (a) The term rebroadcast means recep- quirements and will not become effective tion by radio of the programs or other until approval has been given by the Office of transmissions of a broadcast or any Management and Budget. other type of radio station, and the simultaneous or subsequent retrans- § 73.1202 Retention of letters received mission of such programs or trans- from the public. missions by a broadcast station. All written comments and sugges- (1) As used in this section, ‘‘pro- tions received from the public by li- gram’’ includes any complete programs censees of commercial AM, FM, TV and or part thereof. Class A TV broadcast stations regard- (2) The transmission of a program ing operation of their station shall be from its point of origin to a broadcast maintained in the local public inspec- station entirely by common carrier fa- tion file, unless the letter writer has cilities, whether by wire line or radio, requested that the letter not be made is not considered a rebroadcast. public or when the licensee feels that it (3) The broadcasting of a program re- should be excluded from the public in- layed by a remote pickup broadcast spection file because of the nature of station is not considered a rebroadcast. its content, such as a defamatory or (b) No broadcast station may re- obscene letter. transmit the program, or any part (a) Letters shall be retained in the thereof, of another U.S. broadcast sta- local public inspection file for three tion without the express authority of

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the originating station. A copy of the (4) Emergency communications origi- written consent of the licensee originated under a State EAS plan. nating the program must be kept by (d) The rebroadcasting of time sig- the licensee of the station retransmit- nals originated by the Naval Observ- ting such program and made available atory and the National Bureau of to the FCC upon request. Standards and messages from the Na- (1) Stations originating emergency tional Weather Service stations is per- communications under a State EAS mitted without specific authorization plan are considered to have conferred under the following procedures: rebroadcast authority to other partici- (1) Naval Observatory Time Signals. (i) pating stations. The time signals rebroadcast must be (2) Permission must be obtained from obtained by direct radio reception from the originating station to rebroadcast a naval radio station, or by land line any subsidiary communications trans- circuits. mitted by means of a multiplex subcar- (ii) Announcement of the time signal rier or telecommunications service on must be made without reference to any the vertical blanking interval or in the commercial activity. visual signal of a television signal. (iii) Identification of the Naval Ob- servatory as the source of the time sig- (3) Programs originated by the Voice nal must be made by an announcement, of America (VOA) and the Armed substantially as follows: ‘‘With the sig- Forces Radio and Television Services nal, the time will be...courtesy of (AFRTS) cannot, in general, be cleared the U.S. Naval Observatory.’’ for domestic rebroadcast, and may (iv) Schedules of time signal broad- therefore be retransmitted only by spe- casts may be obtained upon request cial arrangements among the parties from the Superintendent, U.S. Naval concerned. Observatory, Washington, DC 20390. (4) Except as otherwise provided by (2) National Bureau of Standards Time international agreement, programs Signals. (i) Time signals for rebroadcast originated by foreign broadcast sta- must be obtained by direct radio recep- tions may be retransmitted without tion from a National Bureau of Stand- the consent of the originating station. ards (NBS) station. (c) The transmissions of non-broad- (ii) Use of receiving and rebroadcast stations may be rebroadcast under casting equipment must not delay the the following conditions: signals by more than 0.05 second. (1) Messages originated by privately- (iii) Signals must be rebroadcast live, owned non-broadcast stations other not from tape or other recording. than those in the Amateur and Citizens (iv) Voice or code announcements of Band (CB) Radio Services may be the call signs of NBS stations are not broadcast only upon receipt of prior to be rebroadcast. permission from the non-broadcast li- (v) Identification of the origin of the censee. Additionally, messages trans- service and the source of the signals mitted by common carrier stations must be made by an announcement may be rebroadcast only upon prior substantially as follows: ‘‘At the tone, permission of the originator of the 11 hours 25 minutes Coordinated Uni- message as well as the station licensee. versal Time. This is a rebroadcast of a (2) Except as provided in paragraph continous service furnished by the Na- (d) of this section, messages originated tional Bureau of Standards, Ft. Collins, entirely by non-broadcast stations Colo.’’ No commercial sponsorship of owned and operated by the Federal this announcement is permitted and Government may be rebroadcast only none may be implied. upon receipt of prior permission from (vi) Schedules of time signal broad- the government agency originating the casts may be obtained from, and notice messages. of use of NBS time signals for rebroad- (3) Messages originated by stations in cast must be forwarded semiannually the amateur and Citizens Band (CB) to: radio services may be rebroadcast at National Bureau of Standards, Radio Sta- the discretion of broadcast station li- tions WWV/WWVB, 2000 East County Road censees. 58, Ft. Collins, Colorado 80524.

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(vii) In the rebroadcasting of NBS firmative attempt is made to create time signals, announcements will not the impression that it is occurring si- state that they are standard frequency multaneously with the broadcast, shall transmissions. Voice announcements of be announced at the beginning as Coordinated Universal Time are given in taped, filmed or recorded. The lan- voice every minute. Each minute, ex- guage of the announcement shall be cept the first of the hour, begins with clear and in terms commonly under- an 0.8 second long tone of 1000 hertz at stood by the public. For television sta- WWV and 1200 hertz tone at WWVH. tions, the announcement may be made The first minute of every hour begins visually or aurally. with an 0.8 second long tone of 1500 (b) Taped, filmed, or recorded an- hertz at both stations. This tone is fol- nouncements which are of a commer- lowed by a 3-second pause, than the an- cial, promotional or public service na- nouncement, ‘‘National Bureau of ture need not be identified as taped, Standards Time.’’ This is followed by filmed or recorded. another 3-second pause before station [37 FR 23726, Nov. 8, 1972] identification. This arrangement allows broadcast stations sufficient time § 73.1209 References to time. to retransmit the hour time tone and the words ‘‘National Bureau of Stand- Unless specifically designated as ards Time’’ either by manual or auto- ‘‘standard (non-advanced)’’ or ‘‘ad- matic switching. vanced,’’ all references to time con- (viii) Time signals or scales made up tained in this part, and in license docu- from integration of standard frequency ments and other authorizations issued signals broadcast from NBS stations thereunder shall be understood to may not be designated as national mean local time; i.e., the time legally standard scales of time or attributed to observed in the community. the NBS as originator. For example, if [39 FR 26736, July 23, 1974] a broadcasting station transmits time signals obtained from a studio clock § 73.1210 TV/FM dual-language broad- which is periodically calibrated against casting in Puerto Rico. the NBS time signals from WWV or (a) For the purpose of this section, WWVH, such signals may not be an- dual-language broadcasting shall be nounced as NBS standard time or as understood to mean the telecasting of having been originated by the NBS. a program in one language with the si- (3) National Weather Service Messages. multaneous transmission, on the main (i) Messages of the National Weather channel of a participating FM broad- Service must be rebroadcast within 1 cast station, of companion sound track hour of receipt. information in a different language. (ii) If advertisements are given in (b) Television and Class A television connection with weather rebroadcast, licensees in Puerto Rico may enter these advertisements must not directly into dual-language time purchase or indirectly convey an endorsement agreements with FM broadcast licens- by the U.S. Government of the prod- ees, subject to the following condi- ucts or services so advertised. tions: (iii) Credit must be given to indicate (1) All such agreements shall be re- that the rebroadcast message origi- duced to writing and retained by the li- nates with the National Weather Serv- censee for possible Commission inspec- ice. tion, in accordance with § 73.3613 of this [44 FR 36040, June 20, 1979, as amended at 45 chapter. FR 26065, Apr. 17, 1980; 48 FR 28456, June 22, (2) All such agreements shall specify 1983; 50 FR 25246, June 18, 1985; 59 FR 67102, that the FM licensee will monitor Dec. 28, 1994; 61 FR 36305, July 10, 1996] sound track material with a view to re- jecting any material deemed to be in- § 73.1208 Broadcast of taped, filmed, or appropriate or objectionable for broad- recorded material. cast exposure. (a) Any taped, filmed or recorded pro- (3) No television, Class A television, gram material in which time is of spe- or FM broadcast station may devote cial significance, or by which an af- more than 15 hours per week to dual-

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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). noncommercial basis and otherwise in (3) Any gaming conducted by an In- accordance with § 73.621 of this part. dian Tribe pursuant to the Indian Gam- ing Regulatory Act (25 U.S.C. 2701 et [40 FR 17259, Apr. 18, 1975, as amended at 49 seq.) FR 33663, Aug. 24, 1984; 50 FR 40016, Oct. 1, 1985; 65 FR 30003, May 10, 2000] (4) A lottery, gift enterprise or similar scheme, other than one described in § 73.1211 Broadcast of lottery informa- paragraph (c)(1) of this section, that is tion. authorized or not otherwise prohibited (a) No licensee of an AM, FM, tele- by the State in which it is conducted vision, or Class A television broadcast and which is: station, except as in paragraph (c) of (i) Conducted by a not-for-profit or- this section, shall broadcast any adver- ganization or a governmental organiza- tisement of or information concerning tion (18 U.S.C. 1307(a); 102 Stat. 3205); or any lottery, gift enterprise, or similar (ii) Conducted as a promotional ac- scheme, offering prizes dependent in tivity by a commercial organization whole or in part upon lot or chance, or and is clearly occasional and ancillary any list of the prizes drawn or awarded to the primary business of that organi- by means of any such lottery, gift en- zation. (18 U.S.C. 1307(a); 102 Stat. 3205). terprise or scheme, whether said list (d)(1) For purposes of paragraph (c) of contains any part or all of such prizes. this section, ‘‘lottery’’ means the pool- (18 U.S.C. 1304, 62 Stat. 763). ing of proceeds derived from the sale of (b) The determination whether a par- tickets or chances and allotting those ticular program comes within the pro- proceeds or parts thereof by chance to visions of paragraph (a) of this section one or more chance takers or ticket depends on the facts of each case. How- purchasers. It does not include the ever, the Commission will in any event placing or accepting of bets or wagers consider that a program comes within on sporting events or contests. the provisions of paragraph (a) of this (2) For purposes of paragraph (c)(4)(i) section if in connection with such proof this section, the term ‘‘not-for-profit gram a prize consisting of money or organization’’ means any organization other thing of value is awarded to any that would qualify as tax exempt under person whose selection is dependent in section 501 of the Internal Revenue whole or in part upon lot or chance, if Code of 1986. as a condition of winning or competing [40 FR 6210, Feb. 10, 1975, as amended at 45 for such prize, such winner or winners FR 6401, Jan. 28, 1980; 54 FR 20856, May 15, are required to furnish any money or 1989; 55 FR 18888, May 7, 1990; 65 FR 30003, other thing of value or are required to May 10, 2000] have in their possession any product sold, manufactured, furnished or dis- § 73.1212 Sponsorship identification; tributed by a sponsor of a program list retention; related requirements. broadcast on the station in question. (a) When a broadcast station trans- (See 21 FCC 2d 846). mits any matter for which money, (c) The provisions of paragraphs (a) service, or other valuable consider- and (b) of this section shall not apply ation is either directly or indirectly to an advertisement, list of prizes or paid or promised to, or charged or ac- other information concerning: cepted by such station, the station, at (1) A lottery conducted by a State the time of the broadcast, shall an- acting under the authority of State law nounce: which is broadcast by a radio or tele- (1) That such matter is sponsored, vision station licensed to a location in paid for, or furnished, either in whole that State or any other State which or in part, and

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(2) By whom or on whose behalf such broadcast matter: Provided, however, consideration was supplied: Provided, That in the case of any broadcast of 5 however, That ‘‘service or other valu- minutes’ duration or less, only one able consideration’’ shall not include such announcement need be made ei- any service or property furnished either at the beginning or conclusion of ther without or at a nominal charge for the broadcast. use on, or in connection with, a broad- (e) The announcement required by cast unless it is so furnished in consid- this section shall, in addition to stat- eration for an identification of any per- ing the fact that the broadcast matter son, product, service, trademark, or was sponsored, paid for or furnished, brand name beyond an identification fully and fairly disclose the true iden- reasonably related to the use of such tity of the person or persons, or cor- service or property on the broadcast. poration, committee, association or (i) For the purposes of this section, other unincorporated group, or other the term ‘‘sponsored’’ shall be deemed entity by whom or on whose behalf to have the same meaning as ‘‘paid such payment is made or promised, or for.’’ from whom or on whose behalf such (ii) In the case of any television po- services or other valuable consider- litical advertisement concerning can- ation is received, or by whom the ma- didates for public office, the sponsor terial or services referred to in para- shall be identified with letters equal to graph (d) of this section are furnished. or greater than four percent of the Where an agent or other person or enti- vertical picture height that air for not ty contracts or otherwise makes ar- less than four seconds. rangements with a station on behalf of (b) The licensee of each broadcast another, and such fact is known or by station shall exercise reasonable dili- the exercise of reasonable diligence, as gence to obtain from its employees, specified in paragraph (b) of this sec- and from other persons with whom it tion, could be known to the station, deals directly in connection with any the announcement shall disclose the matter for broadcast, information to identity of the person or persons or en- enable such licensee to make the an- tity on whose behalf such agent is act- nouncement required by this section. ing instead of the name of such agent. (c) In any case where a report has Where the material broadcast is polit- been made to a broadcast station as re- ical matter or matter involving the quired by section 507 of the Commu- discussion of a controversial issue of nications Act of 1934, as amended, of public importance and a corporation, circumstances which would have re- committee, association or other unin- quired an announcement under this corporated group, or other entity is section had the consideration been re- paying for or furnishing the broadcast ceived by such broadcast station, an matter, the station shall, in addition appropriate announcement shall be to making the announcement required made by such station. by this section, require that a list of (d) In the case of any political broad- the chief executive officers or members cast matter or any broadcast matter of the executive committee or of the involving the discussion of a controver- board of directors of the corporation, sial issue of public importance for committee, association or other unin- which any film, record, transcription, corporated group, or other entity shall talent, script, or other material or be made available for public inspection service of any kind is furnished, either at the location specified under § 73.3526. directly or indirectly, to a station as If the broadcast is originated by a net- an inducement for broadcasting such work, the list may, instead, be retained matter, an announcement shall be at the headquarters office of the net- made both at the beginning and conclu- work or at the location where the orig- sion of such broadcast on which such inating station maintains its public in- material or service is used that such spection file under § 73.3526. Such lists film, record, transcription, talent, shall be kept and made available for a script, or other material or service has period of two years. been furnished to such station in con- (f) In the case of broadcast matter nection with the transmission of such advertising commercial products or

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

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(Example: An ammeter meeting re- been checked, and if necessary repaired quirement (1) having full scale reading and recalibrated by the manufacturer of 6 amperes is acceptable for reading or qualified instrument repair service. currents from 2 to 6 amperes, provided Repaired instruments shall not be used no scale division between 2 and 6 am- unless a certificate of calibration has peres is greater than one-thirtieth of 6 been provided showing that the instru- amperes, 0.2 ampere.) ment conforms to the manufacturer’s (c) Instruments having logarithmic specifications for accuracy. scales: [41 FR 36818, Sept. 1, 1976; 41 FR 43152, Sept. (1) Meet the requirements of para- 30, 1976, as amended at 51 FR 2707, Jan. 21, graphs (a) (1), (2), and (3) of this section 1986] for linear scale instruments. (2) Full scale reading shall not be § 73.1216 Licensee-conducted contests. greater than five times the minimum (a) A licensee that broadcasts or ad- normal indication. vertises information about a contest it (3) No scale division above one-fifth conducts shall fully and accurately dis- full scale reading (in watts) shall be close the material terms of the contest, greater than one-thirtieth of the full and shall conduct the contest substan- scale reading. (Example: A wattmeter tially as announced or advertised over meeting requirement (3) having full the air or on the Internet. No contest scale reading of 1,500 watts is accept- description shall be false, misleading able for reading power from 300 to 1,500 or deceptive with respect to any mate- watts, provided no scale division be- rial term. tween 300 and 1,500 watts is greater than one-thirtieth of 1,500 watts or 50 (b) The disclosure of material terms watts.) shall be made by the station con- (d) Instruments having expanded ducting the contest by either: scales: (1) Periodic disclosures broadcast on (1) Shall meet the requirements of the station; or paragraphs (a) (1), (2), and (3) of this (2) Written disclosures on the sta- section for linear scale instruments. tion’s Internet Web site, the licensee’s (2) Full scale reading shall not be Web site, or if neither the individual greater than five times the minimum station nor the licensee has its own normal indication. Web site, any Internet Web site that is (3) No scale division above one-fifth publicly accessible. full scale reading shall be greater than (c) In the case of disclosure under one-fiftieth of the full scale reading. paragraph (b)(1) of this section, a rea- (Example: An ammeter meeting the re- sonable number of periodic broadcast quirement (1) is acceptable for indi- disclosures is sufficient. In the case of cating current from 1 to 5 amperes, disclosure under paragraph (b)(2) of provided no division between 1 and 5 this section, the station shall: amperes is greater than one-fiftieth of (1) Establish a conspicuous link or 5 amperes, 0.1 ampere.) tab to material contest terms on the (e) Digital meters, printers, or other home page of the Internet Web site; numerical readout devices may be used (2) Announce over the air periodi- in addition to or in lieu of indicating cally the availability of material con- instruments meeting the specifications test terms on the Web site and identify of paragraphs (a), (b), (c), and (d) of the Web site address where the terms this section. The readout of the device are posted with information sufficient must include at least three digits and for a consumer to find such terms eas- must indicate the value of the param- ily; and eter being read to an accuracy of 2%. (3) Maintain material contest terms The multiplier, if any, to be applied to on the Web site for at least thirty days the reading of each parameter must be after the contest has concluded. Any indicated at the operating position. changes to the material terms during (f) No instrument which has been the course of the contest must be fully broken or appears to be damaged or de- disclosed on air within 24 hours of the fective, or the accuracy of which is change on the Web site and periodi- questionable shall be used, until it has cally thereafter or the fact that such

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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. terms that are disclosed on an Internet NOTE: For purposes of this rule, ‘‘public Web site must be consistent in all sub- harm’’ must begin immediately, and cause stantive respects with those mentioned direct and actual damage to property or to over the air. the health or safety of the general public, or NOTE 1 TO § 73.1216: For the purposes of this diversion of law enforcement or other public section: health and safety authorities from their du- (a) A contest is a scheme in which a prize ties. The public harm will be deemed foresee- is offered or awarded, based upon chance, able if the licensee could expect with a sig- diligence, knowledge or skill, to members of nificant degree of certainty that public harm the public. would occur. A ‘‘crime’’ is any act or omis- (b) Material terms include those factors sion that makes the offender subject to which define the operation of the contest and criminal punishment by law. A ‘‘catas- which affect participation therein. Although trophe’’ is a disaster or imminent disaster the material terms may vary widely depend- involving violent or sudden event affecting ing upon the exact nature of the contest, the public. they will generally include: How to enter or [57 FR 28640, June 26, 1992] participate; eligibility restrictions; entry deadline dates; whether prizes can be won; when prizes can be won; the extent, nature § 73.1225 Station inspections by FCC. and value of prizes; basis for valuation of (a) The licensee of a broadcast sta- prizes; time and means of selection of win- tion shall make the station available ners; and/or tie-breaking procedures. for inspection by representatives of the Note 2 to § 73.1216: In general, the time and FCC during the station’s business manner of disclosure of the material terms of a contest are within the licensee’s discre- hours, or at any time it is in operation. tion. However, the obligation to disclose the (b) In the course of an inspection or material terms arises at the time the audi- investigation, an FCC representative ence is first told how to enter or participate may require special equipment tests, and continues thereafter. program tests or operation with night- Note 3 to § 73.1216: This section is not ap- time or presunrise facilities during plicable to licensee-conducted contests not daytime hours pursuant to § 0.314, part broadcast or advertised to the general public 0, of the FCC rules. or to a substantial segment thereof, to contests in which the general public is not re- (c) The following records shall be quested or permitted to participate, to the made available by all broadcast sta- commercial advertisement of non-licensee- tions upon request by representatives conducted contests, or to a contest con- of the FCC. ducted by a non-broadcast division of the li- (1) Equipment performance measure- censee or by a non-broadcast company re- ments required by §§ 73.1590 and 73.1690. lated to the licensee. (2) The written designations for chief [80 FR 64361, Oct. 23, 2015] operators and, when applicable, the contracts for chief operators engaged § 73.1217 Broadcast hoaxes. on a contract basis. No licensee or permittee of any (3) Application for modification of broadcast station shall broadcast false the transmission system made pursu- information concerning a crime or a ant to § 73.1690(c). catastrophe if: (4) Informal statements or drawings (a) The licensee knows this informa- depicting any transmitter modification tion is false; made pursuant to § 73.1690(e). (b) It is forseeable that broadcast of (5) Station logs and special technical the information will cause substantial records. public harm, and (d) Commercial and noncommercial (c) Broadcast of the information does AM stations must make the following in fact directly cause substantial pub- information also available upon re- lic harm. quest by representatives of the FCC.

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(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 accordance with § 73.154 and made pur- promptly certifies in writing to the suant to the following requirements: FCC that removal of the logs or records (i) Section 73.68, Sampling systems will hinder law enforcement activities for antenna monitors. (ii) Section 73.69, Antenna monitors. of the agency, stating insofar as fea- (iii) Section 73.61, AM direction an- sible the basis for his decision and the tenna field strength measurements. date when it can reasonably be expected that such records will be re- [43 FR 45846, Oct. 4, 1978; 43 FR 50683, Oct. 31, leased to the FCC. 1978, as amended at 51 FR 41629, Nov. 18, 1986; 51 FR 44478, Dec. 10, 1986; 57 FR 48333, Oct. 23, (c) The following contracts, agree- 1992] ments, or understandings, which need not be filed with the FCC (per § 73.3613, § 73.1226 Availability to FCC of station Filing of contracts), must be kept at logs and records. the station and made available for in- The following shall be made available spection by any authorized representa- to any authorized representative of the tive of the FCC upon request: FCC upon request: (1) Contracts relating to the sale of (a) Station records and logs shall be broadcast time to ‘‘time brokers’’ for made available for inspection or dupli- resale. cation at the request of the FCC or its (2) FM subchannel leasing agree- representative. Such logs or records ments for subsidiary communications. may be removed from the licensee’s (3) Time sales contracts with the possession by an FCC representative same sponsor for 4 or more hours per or, upon request, shall be mailed by the day, except where the length of the licensee to the FCC by either registered mail, return receipt requested, events (such as athletic contests, musi- or certified mail, return receipt re- cal programs, and special events) quested. The return receipt shall be rebroadcast pursuant to the contract is tained by the licensee as part of the not under control of the station. station records until such records or (4) Contracts with chief operators or logs are returned to the licensee. A re- other engineering personnel. ceipt shall be furnished when the logs [43 FR 45847, Oct. 4, 1978; 43 FR 50683, Oct. 31, or records are removed from the licens- 1978, as amended at 45 FR 41151, June 18, 1980; ee’s possession by an FCC representa- 48 FR 28457, June 22, 1983] tive and this receipt shall be retained by the licensee as part of the station § 73.1230 Posting of station license. records until such records or logs are (a) The station license and any other returned to the licensee. When the FCC has no further need for such records or instrument of station authorization logs, they shall be returned to the li- shall be posted in a conspicuous place censee. The provisions of this rule shall and in such a manner that all terms apply solely to those station logs and are visible at the place the licensee records which are required to be main- considers to be the principal control tained by the provisions of this chap- point of the transmitter. ter. (b) Posting of the station license and (1) Logs and records stored on micro- any other instruments of authorization film, microfiche or other data-storage shall be done by affixing them to the systems are subject to the require- wall at thee posting location, or by en- ments pertaining thereto found in closing them in a binder or folder § 73.1840(b).

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which is retained at the posting loca- gency, the dates and hours of the tion so that the documents will be broadcasting of emergency informa- readily available and easily accessible. tion, and a brief description of the ma- [60 FR 55480, Nov. 1, 1995] 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 discre- same channel, such operation may be tion, and without further FCC author- undertaken only if regular, unlimited- ity, transmit emergency point-to-point time service, is non-existent, inad- messages for the purpose of requesting equate from the standpoint of cov- or dispatching aid and assisting in res- erage, or not serving the public need. cue operations. All operation under this paragraph (c) If the Emergency Alert System must be conducted on a noncommercial (EAS) is activated for a national emer- basis. Recorded music may be used to gency while a Local Area or State the extent necessary to provide pro- emergency operation is in progress, the gram continuity. national level EAS operation must (g) Broadcasting of emergency infor- take precedence. If, during the broad- mation shall be confined to the hours, casting of Local Area or State emer- frequencies, powers and modes of oper- gency information, the EAS codes or ation specified in the station license, Attention Signal described in § 11.12 of except as otherwise provided for AM this chapter are used, the broadcasts stations in paragraph (f) of this sec- are considered as being carried out tion. under a Local Area or State EAS plan. (h) Any emergency information (d) Any emergency operation under- transmitted by a TV or Class A TV sta- taken in accordance with this section tion in accordance with this section may be terminated by the FCC if re- shall be transmitted both aurally and quired in the public interest. visually or only visually. TV and Class (e) Immediately upon cessation of an A TV stations may use any method of emergency during which broadcast fa- visual presentation which results in a cilities were used for the transmission legible message conveying the essen- of point-to-point messages under para- tial emergency information. Methods graph (b) of this section, or when day- which may be used include, but are not time facilities were used during night- necessarily limited to, slides, elec- time hours by an AM station in accord- tronic captioning, manual methods ance with paragraph (f) of this section, (e.g., hand printing) or mechanical a report in letter form shall be for- printing processes. However, when an warded to the FCC in Washington, DC, emergency operation is being con- setting forth the nature of the emer- ducted under a national, State or Local

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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 employed must comply with § 73.1215. § 73.1300 Unattended station oper- (1) Monitoring procedures and sched- ation. ules must enable the licensee to deter- Broadcast stations may be operated mine compliance with § 73.1560 regard- as either attended (where a designated ing operating power and AM station person is responsible for the proper op- mode of operation, § 73.1570 regarding eration of the transmitting apparatus modulation levels, and, where applica- either at the transmitter site, a remote ble, § 73.1213 regarding antenna tower control point or an ATS control point) lighting, and § 73.69 regarding the pa- or unattended (where highly stable rameters of an AM directional antenna equipment or automated monitoring of system. station operating parameters is em- (2) Monitoring equipment must be pe- ployed). No prior FCC approval is re- riodically calibrated so as to provide quired to operate a station in the unat- reliable indications of transmitter op- tended mode. Regardless of which erating parameters with a known de- method of station operation is em- gree of accuracy. Errors inherent in ployed, licensees must employ proce- monitoring equipment and the calibra- dures which will ensure compliance tion procedure must be taken into ac- with Part 11 of this chapter, the rules count when adjusting operating param- governing the Emergency Alert System eters to ensure that the limits imposed (EAS). by the technical rules and the station [60 FR 55481, Nov. 1, 1995] authorization are not exceeded. (d) In the event that a broadcast sta- § 73.1350 Transmission system oper- tion is operating in a manner that is ation. not in compliance with the applicable (a) Each licensee is responsible for technical rules set forth elsewhere in maintaining and operating its broad- this part or the terms of the station cast station in a manner which com- authorization, and the condition is not plies with the technical rules set forth listed in paragraph (e) or (f) of this sec- elsewhere in this part and in accord- tion, broadcast operation must be ter- ance with the terms of the station au- minated within three hours unless an- thorization. tenna input power is reduced suffi- (b) The licensee must designate a ciently to eliminate any excess radi- chief operator in accordance with ation. Examples of conditions that re- § 73.1870. The licensee may designate quire termination of operation within one or more technically competent per- three hours include excessive power, sons to adjust the transmitter oper- excessive modulation or the emission ating parameters for compliance with of spurious signals that do not result in the technical rules and the station au- harmful interference. thorization. (e) If a broadcast station is operating (1) Persons so authorized by the li- in a manner that poses a threat to life censee may make such adjustments di- or property or that is likely to signifi- rectly at the transmitter site or by cantly disrupt the operation of other using control equipment at an off-site stations, immediate corrective action location. is required. In such cases, operation (2) The transmitter control personnel must be terminated within three min- must have the capability to turn the utes unless antenna input power is re- transmitter off at all times. If the per- duced sufficiently to eliminate any ex- sonnel are at a remote location, the cess radiation. Examples of conditions

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that require immediate corrective ac- this part and in accordance with the tion include the emission of spurious terms of the station authorization. signals that cause harmful inter- Any method of complying with applica- ference, any mode of operation not ble tolerances is permissible. The fol- specified by the station license for the lowing are typical methods of trans- pertinent time of day, or operation mission system operation: substantially at variance from the au- (a) Attended operation. (1) Attended thorized radiation pattern. operation consists of ongoing super- (f) If a broadcast station is operating vision of the transmission facilities by in a manner that is not in compliance a station employee or other person des- with one of the following technical ignated by the licensee. Such super- rules, operation may continue if the vision may be accomplished by either: station complies with relevant alter- (i) Direct supervision and control of native provisions in the specified rule transmission system parameters by a section. person at the transmitter site; or (1) AM directional antenna system (ii) Remote control of the trans- tolerances, see § 73.62; mission system by a person at the (2) AM directional antenna moni- main studio or other location. The re- toring points, see § 73.158; mote control system must provide suf- (3) TV visual waveform, see § 73.691(b); ficient transmission system moni- (4) Reduced power operation, see toring and control capability so as to § 73.1560(d); ensure compliance with § 73.1350. (5) Reduced modulation level, see (2) A station may also be monitored § 73.1570(a); and controlled by an automatic trans- (6) Emergency antennas, see § 73.1680. mission system (ATS) that is config- (g) The transmission system must be ured to contact a person designated by maintained and inspected in accord- the licensee in the event of a technical ance with § 73.1580. malfunction. An automatic trans- (h) Whenever a transmission system mission system consists of monitoring control point is established at a loca- devices, control and alarm circuitry, tion other than the main studio or arranged so that they interact auto- transmitter, a letter of notification of matically to operate the station’s that location must be sent to the FCC transmitter and maintain technical pa- in Washington, DC, Attention: Audio rameters within licensed values. Division (radio) or Video Division (tele- (3) A hybrid system containing some vision), Media Bureau, within 3 days of remote control and some ATS features the initial use of that point. The letter is also permissible. should include a list of all control (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 erning the Emergency Alert System human supervision or the substitution (EAS). of automated supervision of a station’s [60 FR 55481, Nov. 1, 1995, as amended at 63 transmission system for human super- FR 33877, June 22, 1998; 67 FR 13232, Mar. 21, vision. In the former case, equipment is 2002; 72 FR 44423, Aug. 8, 2007] employed which is expected to operate within assigned tolerances for extended § 73.1400 Transmission system moni- periods of time. The latter consists of toring and control. the use of a self-monitoring or ATS- The licensee of an AM, FM, TV or monitored and controlled transmission Class A TV station is responsible for system that, in lieu of contacting a assuring that at all times the station person designated by the licensee, operates within tolerances specified by automatically takes the station off the applicable technical rules contained in air within three hours of any technical

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malfunction which is capable of caus- corded at half hour intervals and at ing interference. any time that the power is adjusted or changed. Copies of these records must [60 FR 55481, Nov. 1, 1995, as amended at 65 FR 30003, May 10, 2000] 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 test authorization is subject to the fol- [44 FR 58734, Oct. 11, 1979, as amended at 46 lowing conditions: FR 35463, July 8, 1981; 49 FR 4211, Feb. 3, 1984; (1) No objectionable interference will 49 FR 20670, May 16, 1984] result to the operation of other authorized radio services; in this connection, § 73.1520 Operation for tests and maintenance. the power requested shall not exceed that necessary for the purposes of the (a) Broadcast stations may be oper- test. ated for tests and maintenance of their (2) The carriers will be unmodulated transmitting systems on their assigned except for the transmission of a test- frequencies using their licensed oper- pattern on a visual TV transmitter, ating power and antennas during their and for hourly voice station identifica- authorized hours of operation without tion on aural AM, FM and TV trans- specific authorization from the FCC. mitters. (b) Licensees of AM stations may op- (3) The transmitter output power or erate for tests and maintenance during antenna input power may not exceed the hours from 12 midnight local time those specified in the test authoriza- to local sunrise, if no interference is tion and the operating power must be caused to other stations maintaining a maintained at a constant value for regular operating schedule within such each phase of the tests. period. No AM station licensed for (4) The input power to the final am- ‘‘daytime’’ or ‘‘specified hours’’ of op- plifier stage, and the AM antenna cur- eration may broadcast any regular or rent or the FM or TV transmitter out- scheduled programs during this period put power must be observed and re- of test and maintenance operation.

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(c) Licensees of AM stations may ob- stereophonic transmissions may not tain special antenna test authoriza- exceed ±20 Hz from the assigned fre- tions, and operate under the provisions quency. described in § 73.157, to operate with (b) FM stations. (1) The departure of nighttime facilities during daytime the carrier or center frequency of an hours in conducting directional an- FM station with an authorized trans- tenna field strength and antenna proof mitter output power more than 10 of performance measurements. watts may not exceed ±2000 Hz from the [43 FR 32783, July 28, 1978, as amended at 45 assigned frequency. FR 6401, Jan. 28, 1980] (2) The departure of the carrier or center frequency of an FM station with § 73.1530 Portable test stations [Defini- an authorized transmitter output tion]. power of 10 watts or less may not ex- A portable test station is one that is ceed ±3000 Hz from the assigned fre- moved from place to place for making quency. field strength and ground conductivity (c) TV stations. (1) The departure of measurements, for selecting station the visual carrier frequency of a TV transmitter sites, and conducting other ± 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 carrier frequency plus exactly 4.5 MHz. [43 FR 32783, July 28, 1978] (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 stations may not exceed the values or determined as often as necessary to specified in § 74.761 of this chapter. Pro- ensure that they are maintained within vided, however, that Class A TV sta- the prescribed tolerances. tions licensed to operate with a carrier (b) In measuring the carrier fre- offset, including those stations li- quency, the licensee may use any censed with a maximum effective radi- method or procedure that has suffi- ated power and/or antenna height cient precision to establish that the greater than the values specified in carrier frequency is within the pre- their initial Class A TV station author- scribed departure limits. ization, must comply with paragraph (c) The primary standard of fre- (c) of this section. quency for radio frequency measurements is the standard frequency main- NOTE TO PARAGRAPH (e): At a date not later tained by the National Bureau of than nine months after release of the Memo- Standards or the standard signals of randum Opinion and Order on Reconsider- Stations WWV, WWVB, and WWVH of ation in MM Docket No. 00–10 (the proceeding that established the Class A TV serv- the National Bureau of Standards. ice), all licensed Class A stations must oper- [43 FR 32783, July 28, 1978, as amended at 48 ate with a carrier frequency offset. See FR 44805, Sept. 30, 1983; 65 FR 30004, May 10, Memorandum Opinion and Order on Reconsid- 2000] eration, In the Matter of Establishment of a Class A Television Service, MM Docket No. § 73.1545 Carrier frequency departure 00–10, released April 13, 2001. tolerances. [44 FR 58734, Oct. 11, 1979; 44 FR 64408, Nov. 7, (a) AM stations. The departure of the 1979, as amended at 47 FR 13165, Mar. 29, 1982; carrier frequency for monophonic 65 FR 30004, May 10, 2000; 67 FR 21691, May 1, transmissions or center frequency for 2001]

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§ 73.1560 Operating power and mode (c) TV stations. (1) Except as provided tolerances. in paragraph (d) of this section, the vis- (a) AM stations. (1) Except for AM sta- ual output power of a TV or Class A TV tions using modulation dependent car- transmitter, as determined by the pro- rier level (MDCL) control technology, cedures specified in Sec. 73.664, must be or as provided for in paragraph (d) of maintained as near as is practicable to this section, the antenna input power the authorized transmitter output of an AM station, as determined by the power and may not be less than 80% procedures specified in § 73.51, must be nor more than 110% of the authorized maintained as near as practicable to power. the authorized antenna input power (2) The output power of the aural and may not be less than 90 percent nor transmitter shall be maintained to pro- greater than 105 percent of the author- vide an aural carrier ERP not to exceed ized power. AM stations may, without 22% of the peak authorized visual ERP. prior Commission authority, com- (3) The FCC may specify deviation mence MDCL control technology use, from the power of tolerance require- provided that within 10 days after comments for subscription television oper- mencing such operation, the licensee ations to the extent it deems necessary submits an electronic notification of to permit proper operation. commencement of MDCL control oper- (d) Reduced power operation. In the ation using FCC Form 338. The trans- event it becomes technically impos- mitter of an AM station operating sible to operate at authorized power, a using MDCL control technology, rebroadcast station may operate at regardless of the MDCL control tech- duced power for a period of not more nology employed, must achieve full li- than 30 days without specific authority censed power at some audio input level from the FCC. If operation at reduced or when the MDCL control technology power will exceed 10 consecutive days, is disabled. MDCL control operation notification must be made to the FCC must be disabled before field strength in Washington, DC, Attention: Audio measurements on the station are Division (radio) or Video Division (tele- taken. vision), Media Bureau, not later than (2) Whenever the transmitter of an the 10th day of the lower power oper- AM station cannot be placed into the ation. In the event that normal power specified operating mode at the time is restored within the 30 day period, required, transmissions of the station the licensee must notify the FCC of the must be immediately terminated. How- date that normal operation was re- ever, if the radiated field at any bear- stored. If causes beyond the control of ing or elevation does not exceed that the licensee prevent restoration of the permitted for that time of day, oper- authorized power within 30 days, a re- ation in the mode with the lesser radi- quest for Special Temporary Authority ated field may continue under the noti- (see § 73.1635) must be made to the FCC fication procedures of paragraph (d) of in Washington, DC for additional time this section. as may be necessary. (b) FM stations. Except as provided in paragraph (d) of this section, the trans- [44 FR 58734, Oct. 11, 1979, as amended at 49 FR 22093, May 25, 1984; 49 FR 29069, July 18, mitter output power of an FM station, 1984; 49 FR 47610, Dec. 6, 1984; 50 FR 26568, with power output as determined by June 27, 1985; 50 FR 40015, Oct. 1, 1985; 63 FR the procedures specified in § 73.267, 33877, June 22, 1998; 65 FR 30004, May 10, 2000; which is authorized for output power 67 FR 13232, Mar. 21, 2002; 81 FR 2760, Jan. 19, more than 10 watts must be maintained 2016] as near as practicable to the authorized transmitter output power and may not § 73.1570 Modulation levels: AM, FM, be less than 90% nor more than 105% of TV and Class A TV aural. the authorized power. FM stations op- (a) The percentage of modulation is erating with authorized transmitter to be maintained at as high a level as output power of 10 watts or less, may is consistent with good quality of operate at less than the authorized transmission and good broadcast serv- power, but not more than 105% of the ice, with maximum levels not to exceed authorized power. the values specified in paragraph (b).

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Generally, the modulation should not (c) If a limiting or compression am- be less than 85% on peaks of frequent plifier is employed to maintain modu- recurrence, but where lower modula- lation levels, precaution must be taken tion levels may be required to avoid ob- so as not to substantially alter the dy- jectionable loudness or to maintain the namic characteristics of programs. dynamic range of the program mate- [44 FR 58735, Oct. 11, 1979, as amended at 47 rial, the degree of modulation may be FR 13165, Mar. 29, 1982; 49 FR 14508, Apr. 12, reduced to whatever level is necessary 1984; 49 FR 15081, Apr. 17, 1984; 49 FR 27147, for this purpose, even though under July 2, 1984; 49 FR 47610, Dec. 6, 1984; 49 FR such circumstances, the level may be 48312, Dec. 12, 1984; 51 FR 26251, July 22, 1986; substantially less than that which pro- 56 FR 64872, Dec. 12, 1991; 65 FR 30004, May 10, duces peaks of frequent recurrence at a 2000] level of 85%. (b) Maximum modulation levels must § 73.1580 Transmission system inspections. meet the following limitations: (1) AM stations. In no case shall the Each AM, FM, TV and Class A TV amplitude modulation of the carrier station licensee or permittee must con- wave exceed 100% on negative peaks of duct periodic complete inspections of frequent recurrence, or 125% on posi- the transmitting system and all re- tive peaks at any time. quired monitors to ensure proper sta- (i) AM stations transmitting stereo- tion operation. phonic programs not exceed the AM [65 FR 30004, May 10, 2000] maximum stereophonic transmission signal modulation specifications of § 73.1590 Equipment performance stereophonic system in use. measurements. (ii) For AM stations transmitting te- (a) The licensee of each AM, FM, TV lemetry signals for remote control or and Class A TV station, except licens- automatic transmission system oper- ees of Class D non-commercial edu- ation, the amplitude of modulation of cational FM stations authorized to op- the carrier by the use of subaudible erate with 10 watts or less output tones must not be higher than nec- power, must make equipment perform- essary to effect reliable and accurate ance measurements for each main data transmission and may not, in any transmitter as follows: case, exceed 6%. (1) Upon initial installation of a new (2) FM stations. The total modulation or replacement main transmitter. must not exceed 100 percent on peaks (2) Upon modification of an existing of frequent reoccurrence referenced to transmitter made under the provisions 75 kHz deviation. However, stations of § 73.1690, Modification of trans- providing subsidiary communications mission systems, and specified therein. services using subcarriers under provi- (3) Installation of AM stereophonic sions of § 73.319 concurrently with the transmission equipment pursuant to broadcasting of stereophonic or § 73.128. monophonic programs may increase (4) Installation of FM subcarrier or the peak modulation deviation as fol- stereophonic transmission equipment lows: pursuant to § 73.295, § 73.297, § 73.593 or (i) The total peak modulation may be § 73.597. increased 0.5 percent for each 1.0 per- (5) Installation of TV stereophonic or cent subcarrier injection modulation. subcarrier transmission equipment (ii) In no event may the modulation pursuant to §§ 73.669 and 73.1690. of the carrier exceed 110 percent (82.5 (6) Annually, for AM stations, with kHz peak deviation). not more than 14 months between (3) TV and Class A TV stations. In no measurements. case shall the total modulation of the (7) When required by other provisions aural carrier exceed 100% on peaks of of the rules or the station license. frequent recurrence, unless some other (b) Measurements for spurious and peak modulation level is specified in an harmonic emissions must be made to instrument of authorization. For show compliance with the transmission monophonic transmissions, 100% modu- system requirements of § 73.44 for AM lation is defined as ±25 kHz. stations; § 73.317 for FM stations and

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§ 73.687 for TV stations. Measurements compliance with the terms of the con- must be made under all conditions of struction permit, the technical provi- modulation expected to be encountered sions of the application therefore, the by the station whether transmitting rules and regulations and the applica- monophonic or stereophonic programs ble engineering standards. For AM sta- and providing subsidiary communications, equipment tests, including either tions services. a directional or nondirectional proof of (c) TV visual equipment performance performance required by the construc- measurements must be made with the tion permit, may be conducted during equipment adjusted for normal pro- daytime hours provided that the an- gram operation at the transmitter antenna system is first substantially tenna sampling port to yield the fol- tuned during the experimental period. lowing information: The nondirectional proof shall be con- (1) Field strength or voltage of the ducted with power adjusted to 25% of lower side-band for a modulating fre- that specified in the permit for the au- quency of 1.25 MHz or greater, (includ- thorized directional facilities or, if ap- ing 3.58 MHz for color), and of the plicable, to such higher power as is upper side-band for a modulating fre- specified in the same permit for au- quency of 4.75 MHz or greater. thorized nondirectional facilities. For (2) Data showing that the waveform licensed stations, see § 73.1615, Oper- of the transmitted signal conforms to ation During Modification of Facili- that specified by the standards for TV ties; and § 73.157, Antenna Testing Dur- transmissions. ing Daytime. (3) Photographs of a test pattern (b) The FCC may notify the per- taken from a receiver or monitor con- mittee not to conduct equipment tests nected to the transmitter output. (4) Data showing envelope delay char- or may modify, cancel, suspend, or acteristics of the radiated signal. change the modes of testing or the (5) Data showing the attenuation of dates and times for such tests in order spurious and harmonic radiation, if, to resolve interference complaints or after type acceptance, any changes when such action may appear to be in have been made in the transmitter or the public interest, convenience, and associated equipment (filters, necessity. multiplexer, etc.) which could cause (c) Equipment tests may be contin- changes in its radiation products. ued so long as the construction permit (d) The data required by paragraphs shall remain valid. (b) and (c) of this section, together (d) The authorization for tests em- with a description of the equipment bodied in this section shall not be con- and procedure used in making the strued as constituting a license to op- measurements, signed and dated by the erate but as a necessary part of con- qualified person(s) making the meas- struction. urements, must be kept on file at the [43 FR 32783, July 28, 1978, as amended at 47 transmitter or remote control point for FR 40174, Sept. 13, 1982; 50 FR 30947, July 31, a period of 2 years, and on request 1985] must be made available during that time to duly authorized representa- § 73.1615 Operation during modifica- tives of the FCC. tion of facilities. [47 FR 8589, Mar. 1, 1982, as amended at 51 FR When the licensee of an existing AM, 18450, May 20, 1986; 65 FR 30004, May 10, 2000] FM, TV or Class A TV station is in the process of modifying existing facilities § 73.1610 Equipment tests. as authorized by a construction permit (a) During the process of construc- and determines it is necessary to either tion of a new broadcast station, the discontinue operation or to operate permittee, after notifying the FCC in with temporary facilities to continue Washington, D.C. may, without further program service, the following proce- authority from the FCC, conduct dures apply: equipment tests for the purpose of (a) Licensees holding a construction making such adjustments and measure- permit for modification of directional ments as may be necessary to assure or nondirectional FM, TV or Class A

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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 (4) Operate in a nondirectional mode Washington, DC. prior to using any during daytime hours, if not already so new installation authorized by the per- licensed, only as necessary to conduct mit, or using temporary facilities. a required nondirectional proof of per- (1) The request is to be made at least formance with a power not to exceed 10 days prior to the date on which the 25% of the maximum power authorized temporary operation is to commence. by the construction permit for direc- The request is to be made by letter tional operation, or which shall describe the operating (5) Operate during daytime hours modes and facilities to be used. Such with either the daytime or nighttime letter requests shall be signed by the directional pattern and with the power licensee or the licensee’s representa- authorized by the construction permit tive. only as necessary to take proof of per- (2) Discontinuance of operation is formance measurements. Operating permitted upon notification to the FCC power shall be promptly reduced to In Washington, DC. Should it be nec- presently licensed level during any sig- essary to discontinue operation longer nificant period of time that these than 30 days, an informal letter re- measurements are not being taken. No quest, signed by the licensee or the li- daytime operation of construction per- censee’s representatives, must be sent mit directional patterns authorized by to the FCC in Washington, DC prior to this paragraph shall be conducted be- the 30th day. fore such patterns have been substan- (e) The FCC may modify or cancel tially tuned during the experimental the temporary operation permitted period. under the provisions of paragraph (a),

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(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 antenna replacement is an EXACT dupli- [50 FR 30947, July 31, 1985, as amended at 61 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 hibits called for by conditions on the to cover the construction permit, the construction permit. The staff will re- Commission will issue a letter noti- view the license application and the re- fying the applicant whether program quest for program test authority and test operations may commence. Pro- issue a letter notifying the applicant gram test operations may not com- whether full power operation has been mence prior to issuance of staff ap- approved. Upon filing of the license approval. plication and related exhibits, and (5) Except for permits subject to suc- while awaiting approval of full power cessive license terms, the permittee of operation, the FM permittee may oper- an LPFM station may begin program ate the directional antenna at one half tests upon notification to the FCC in (50%) of the authorized effective radi- Washington, DC, provided that within ated power. Alternatively, the per- 10 days thereafter, an application for mittee may continue operation with its license is filed. Program tests may be existing licensed facilities pending the conducted by a licensee subject to issuance of program test authority at mandatory license terms only during the full effective radiated power by the the term specified on such licensee’s staff. authorization. (3) FM licensees replacing a direc- (b) The Commission reserves the tional antenna pursuant to § 73.1690 right to revoke, suspend, or modify (c)(2) without changes which require a program tests by any station without construction permit (see § 73.1690(b)) right of hearing for failure to comply may immediately commence program adequately with all terms of the contest operations with the new antenna struction permit or the provisions of

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§ 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 ap- (2) Any deviations from an active/ plication to bring the station into com- passive ownership structure proposed pliance the Commission’s rules and in their application for a construction policies. permit at the time such application (c) Unless sooner suspended or re- was granted. voked, the program test authority con- (3) The reports referred to in para- tinues valid during FCC consideration graphs (g)(1) and (2) of this section of the application for license, and dur- shall not be required in any case in ing this period further extension of the which the order granting the applica- construction permit is not required. tion relieved the applicant of the obli- Program test authority shall be auto- gation to adhere to such proposals. matically terminated by final determination upon the application for sta- [43 FR 32784, July 28, 1978, as amended at 45 FR 6401, Jan. 28, 1980; 47 FR 28388, June 30, tion license. 1982; 49 FR 38132, Sept. 27, 1984; 56 FR 795, (d) All operation under program test Jan. 9, 1991; 56 FR 25639, June 5, 1991; 57 FR authority shall be in strict compliance 48333, Oct. 23, 1992; 62 FR 51059, Sept. 30, 1997; with the rules governing broadcast sta- 65 FR 7648, Feb. 15, 2000; 65 FR 30004, May 10, tions and in strict accordance with rep- 2000] resentations made in the application for license pursuant to which the tests § 73.1635 Special temporary authoriza- were authorized. tions (STA). (e) Acceptance by the FCC of notifi- (a) A special temporary authoriza- cation of the station of program tests, tion (STA) is the authority granted to or the granting of program test author- a permittee or licensee to permit the ity by the FCC, is not to be construed operation of a broadcast facility for a by the permittee as approval by the limited period at a specified variance FCC of the application for station li- from the terms of the station author- cense. ization or requirements of the FCC (f) The licensee of a UHF TV station rules applicable to the particular class which is not in operation on, but as- of station. signed to, the same allocated channel (1) A request for a STA should be which a 1000 watt UHF translator sta- filed with FCC in Washington, DC at tion is authorized to use (see § 73.3516, least 10 days prior to the date of the ‘‘Specification of facilities’’), shall no- proposed operation. tify the licensee of the translator sta- (2) The request is to be made by let- tion, in writing, at least 10 days prior ter and shall fully describe the pro- to commencing or resuming operation. posed operation and the necessity for The TV station licensee shall also cer- the requested STA. Such letter re- tify to the FCC in Washington, DC that quests shall be signed by the licensee such advance notice has been given to or the licensee’s representative. the translator station licensee. (3) A request for a STA necessitated (g) Reports required. In their applica- by unforeseen equipment damage or tion for a license to cover a construc- failure may be made without regard to tion permit and on the first anniver- the procedural requirements of this sary of the commencement of program section (e.g. via telegram or tele- tests, applicants for new broadcast fa- phone). Any request made pursuant to cilities that were granted after des- this paragraph shall be followed by a ignation for a comparative hearing as a written confirmation request con- result of a post designation settlement forming to the requirements of para- or a decision favoring them after com- graph (a)(2) of this section. Confirma- parative consideration must report. tion requests shall be submitted within (1) Any deviations from comparative 24 hours. (See also § 73.1680 Emergency proposals relating to integration of Antennas). ownership and management and diver- (4) An STA may be granted for an ini- sification of the media of mass tial period not to exceed 180 days. A

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limited number of extensions of such § 73.1650 International agreements. authorizations may be granted for additional periods not exceeding 180 days (a) The rules in this part 73, and au- per extension. An STA necessitated by thorizations for which they provide, technical or equipment problems, how- are subject to compliance with the ever, may, in practice, be granted for international obligations and under- an initial period not to exceed 90 days takings of the United States. Accord- with a limited number of extensions ingly, all provisions in this part 73 are not to exceed 90 days per extension. subject to compliance with applicable The permittee or licensee must dem- requirements, restrictions, and proce- onstrate that any further extensions dures accepted by the United States requested are necessary and that all that have been established by or pursu- steps to resume normal operation are ant to treaties or other international being undertaken in an expeditions and agreements, arrangements, or under- timely fashion. The license of a broad- standings to which the United States is casting station that fails to transmit a signatory, including applicable an- broadcast signals for any consecutive nexes, protocols, resolutions, rec- 12-month period expires as a matter of ommendations and other law at the end of that period, notwith- supplementing documents associated standing any STA or provision, term, with such international instruments. or condition of the license to the con- (b) The United States is a signatory trary. to the following treaties and other (5) Certain rules specify special con- international agreements that relate, siderations and procedures in situa- in whole or in part, to AM, FM or TV tions requiring an STA or permit tem- broadcasting: porary operation at variance without (1) The following instruments of the prior authorization from the FCC when International Telecommunication notification is filed as prescribed in the Union: particular rules. See § 73.62, Directional (i) Constitution. antenna system tolerances; § 73.157, An- (ii) Convention. tenna testing during daytime; § 73.158, (iii) Radio Regulations. Directional antenna monitoring points; (2) Regional Agreements for the § 73.691, Visual modulation monitoring; Broadcasting Service in Region 2: § 73.1250, Broadcasting emergency infor- (i) MF Broadcasting 535–1605 kHz, Rio mation; § 73.1350, Transmission system de Janeiro, 1981. operation; § 73.1560, Operating power (ii) MF Broadcasting 1605–1705 kHz, and mode tolerances; § 73.1570, Modula- Rio de Janeiro, 1988. tion levels: AM, FM, TV and Class A (3) Bi-lateral Agreements between TV aural; § 73.1615, Operation during the United States and Canada relating modification of facilities; § 73.1680, to: Emergency antennas; and § 73.1740, (i) AM Broadcasting. Minimum operating schedule. (ii) FM Broadcasting. (b) An STA may be modified or can- celled by the FCC without prior notice (iii) TV Broadcasting. or right to hearing. (4) Bi-lateral Agreements between (c) No request by an AM station for the United States and Mexico relating temporary authority to extend its to: hours of operation beyond those au- (i) AM Broadcasting. thorized by its regular authorization (ii) FM Broadcasting. will be accepted or granted by the FCC (iii) TV Broadcasting. except in emergency situations con- (5) Bi-lateral Agreement between the forming with the requirements of United States and the Bahama Islands § 73.3542, Application for Emergency relating to presunrise operations by Authorization. See also § 73.1250, Broad- AM stations. casting Emergency Information. (6) North American Regional Broad- [50 FR 30948, July 31, 1985, as amended at 58 casting Agreement (NARBA), which, FR 51250, Oct. 1, 1993; 60 FR 55482, Nov. 1, for the United States, remains in effect 1995; 61 FR 28767, June 6, 1996; 65 FR 30004, with respect to the Dominican Repub- May 10, 2000] lic and the Bahama Islands.

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The documents listed in this paragraph one main transmitter which complies are available for inspection in the of- with the provisions of the transmitter fice of the Chief, Planning and Negotia- technical requirements for the type tions Division, International Bureau, and class of station. A main trans- FCC, Washington, DC. Copies may be mitter is one which is used for regular purchased from the FCC Copy Con- program service having power ratings tractor, whose name may be obtained appropriate for the authorized oper- from the FCC Consumer Assistance Of- ating power(s). fice. (b) There is no maximum power rat- [54 FR 39737, Sept. 28, 1989, as amended at 56 ing limit for FM, TV or Class A TV sta- FR 64872, Dec. 12, 1991; 60 FR 5333, Jan. 27, tion transmitters, however, the max- 1995] imum rated transmitter power of a main transmitter stalled at an AM sta- § 73.1660 Acceptability of broadcast transmitters. tion shall be as follows: (a)(1) An AM, FM, or TV transmitter Maximum rated shall be verified for compliance with Authorized power transmitter the requirements of this part following power (kW) the procedures described in part 2 of this chapter. 0.25, 0.5, or 1 kW ...... 1 2.5 kW ...... 5 (2) An LPFM transmitter shall be 5 or 10 kW ...... 10 certified for compliance with the re- 25 or 50 kW ...... 50 quirements of this part following the procedures described in part 2 of the (c) A licensee may, without further this chapter. authority or notification to the FCC, (b) A permittee or licensee planning replace an existing main transmitter to modify a transmitter which has been or install additional main trans- approved by the FCC or verified for mitter(s) for use with the authorized compliance must follow the require- antenna if the replacement or addi- ments contained in § 73.1690. tional transmitter(s) has been verified (c) A transmitter which was in use for compliance. Within 10 days after prior to January 30, 1955, may continue commencement of regular use of the to be used by the licensee, and succes- replacement or additional trans- sors or assignees, if it continues to mitter(s), equipment performance comply with the technical require- measurements, as prescribed for the ments for the type of station at which type of station are to be completed. it is used. (d) AM stereophonic exciter-genera- NOTE TO PARAGRAPH (c): Pending the avail- tors for interfacing with approved or ability of AM broadcast transmitters that verified AM transmitters may be cer- are approved or verified for use in the 1605– tified upon request from any manufac- 1705 kHz band, transmitters that are approved or verified for use in the 535–1605 kHz turer in accordance with the proce- band may be utilized in the 1605–1705 kHz dures described in part 2 of the FCC band if it is shown that the requirements of rules. Broadcast licensees may modify § 73.44 have been met. Verification or FCC ap- their certified AM stereophonic ex- proval of the transmitter will supersede the citer-generators in accordance with applicability of this note. § 73.1690. [43 FR 53741, Nov. 17, 1978, as amended at 47 (e) Additional rules covering certifi- FR 8590, Mar. 1, 1982; 47 FR 28388, June 30, cation and verification, modification of 1982; 49 FR 4000, Feb. 1, 1984; 51 FR 18451, May authorized transmitters, and with- 20, 1986; 56 FR 64872, Dec. 12, 1991; 63 FR 36604, drawal of a grant of authorization are July 7, 1998; 65 FR 30004, May 10, 2000] contained in part 2 of the FCC rules. § 73.1670 Auxiliary transmitters. [63 FR 36604, July 7, 1998, as amended at 65 FR 30004, May 10, 2000; 65 FR 67304, Nov. 9, (a) A licensee of a broadcast station 2000] may, without further authority from the FCC, install and use with the main § 73.1665 Main transmitters. antenna system one or more auxiliary (a) Each AM, FM, TV and Class A TV transmitters for the following pur- broadcast station must have at least poses:

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(1) The transmission of regular pro- be renewed for auxiliary transmitters that grams upon failure of the main trans- are operated into the main antenna system. mitter. [43 FR 53741, Nov. 17, 1978, as amended at 44 (2) The transmission of regular pro- FR 22740, Apr. 17, 1979; 48 FR 36463, Aug. 11, grams during maintenance or modifica- 1983; 48 FR 42960, Sept. 20, 1983; 48 FR 44806, tion of the main transmitter. Sept. 30, 1983; 50 FR 32417, Aug. 12, 1985; 51 FR 32088, Sept. 9, 1986] (3) Emergency broadcast system operation. § 73.1675 Auxiliary antennas. (4) The transmission of regular pro- (a)(1) An auxiliary antenna is one grams by an AM station authorized for that is permanently installed and Presunrise (PSRA) and/or Postsunset available for use when the main an- (PSSA) operation. tenna is out of service for repairs or re- (5) The transmission of tests to deter- placement. An auxiliary antenna may mine the operating condition of the be located at the same transmitter site auxiliary transmitter or auxiliary an- as the station’s main antenna or at a tenna. separate site. The service contour of (6) For testing, upon the request of the auxiliary antenna may not extend representatives of the FCC. beyond the following corresponding (b) Authorization to install an auxil- contour for the main facility: iary transmitter for use with other (i) AM stations: The 0.5 mV/m field than the main antenna or authorized strength contours. auxiliary antenna must be obtained by (ii) FM stations: The 1.0 mV/m field filing an application for a construction strength contours. permit on FCC form 301 (FCC form 340 (iii) TV stations: The Grade B cov- for noncommercial educational sta- erage contours. tions). (iv) Class A TV stations: The protected contours defined in § 73.6010. (c) The following technical and oper- (2) An application for an auxiliary ating standards apply to auxiliary antenna for an AM station filed pursu- transmitters: ant to paragraphs (b) or (c) of this sec- (1) The auxiliary transmitter may be tion must contain a map showing the operated on only the station’s author- 0.5 mV/m field strength contours of ized frequency and within the required both the main and auxiliary facilities. carrier frequency departure tolerance (b) An application for a construction for the type of station. permit to install a new auxiliary an- (2) The carrier frequency of the auxil- tenna, or to make changes in an exist- iary transmitter must be measured as ing auxiliary antenna for which prior often as necessary to ensure that it is FCC authorization is required (see maintained within the prescribed toler- § 73.1690), must be filed on FCC Form ance. 301 (FCC Form 340 for noncommercial (3) When using an auxiliary trans- educational stations). mitter, the operating power may be (c)(1) Where an FM, TV or Class A TV less than the authorized power but may licensee proposes to use a formerly li- not exceed the authorized power within censed main facility as an auxiliary fa- the permitted tolerance for the type of cility, or proposes to modify a pres- station. If operation with an auxiliary ently authorized auxiliary facility, and transmitter at reduced power con- no changes in the height of the antenna radiation center are required in tinues for a period exceeding 10 days, excess of the limits in § 73.1690(c)(1), the the FCC in Washington, DC must be FM, TV or Class A TV licensee may notified. (See § 73.51, AM; § 73.267, FM; apply for the proposed auxiliary facil- § 73.567, NCE-FM; and § 73.663, TV). ity by filing a modification of license (4) Normal operator requirements application. The modified auxiliary fa- apply to the operation of the auxiliary cility must operate on the same chan- transmitter. nel as the licensed main facility. An NOTE: After January 1, 1979, new licenses exhibit must be provided with this li- will not be issued nor will existing licenses cense application to demonstrate compliance with § 73.1675(a). All FM, TV

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and Class A TV licensees may request a ating power with the emergency an- decrease from the authorized facility’s tenna. ERP in the license application. An FM, (1) AM stations. AM stations may use TV or Class A TV licensee may also in- a horizontal or vertical wire or a non- crease the ERP of the auxiliary facility directional vertical element of a direc- in a license modification application, tional antenna as an emergency an- provided the application contains an tenna. AM stations using an emergency analysis demonstrating compliance nondirectional antenna or a horizontal with the Commission’s radiofrequency or vertical wire pursuant to this sec- radiation guidelines, and an analysis tion, in lieu or authorized directional showing that the auxiliary facility will facilities, shall operate with power re- comply with § 73.1675(a). Where an FM, duced to 25% or less of the nominal li- TV, or Class A TV licensee or per- censed power, or, a higher power, not mittee proposes to mount an auxiliary exceeding licensed power, while insur- facility on an AM tower, it must also ing that the radiated filed strength demonstrate compliance with § 1.30003 does not exceed that authorized in any in the license application. given azimuth for the corresponding (2) Where an AM licensee proposes to hours of directional operation. use a former licensed main facility as (2) FM, TV and Class A TV stations. an auxiliary facility with an ERP less FM, TV and Class A TV stations may than or equal to the ERP specified on erect any suitable radiator, or use op- the former main license, the AM sta- erable sections of the authorized an- tion may apply to license the proposed tenna(s) as an emergency antenna. auxiliary facility by filing a modifica- (c) The FCC may prescribe the output tion of license application on Form 302- power, radiation limits, or other oper- AM. The proposed auxiliary facilities ating conditions when using an emer- must have been previously licensed on gency antenna, and emergency antenna the same frequency as the present authorizations may be modified or ter- main facility. The license application minated in the event harmful inter- must contain an exhibit to dem- ference is caused to other stations or services by the use of an emergency an- onstrate compliance with § 73.1675(a). tenna. [43 FR 53741, Nov. 17, 1978, as amended at 44 [43 FR 53741, Nov. 17, 1978, as amended at 44 FR 22740, Apr. 17, 1979; 45 FR 26066, Apr. 17, FR 22740, Apr. 17, 1979; 50 FR 30948, July 31, 1980; 50 FR 13974, Apr. 9, 1985; 62 FR 51060, 1985; 63 FR 33878, June 22, 1998; 65 FR 30005, Sept. 30, 1997; 63 FR 70049, Dec. 18, 1998; 65 FR May 10, 2000; 67 FR 13232, Mar. 21, 2002] 30005, May 10, 2000; 78 FR 66298, Nov. 5, 2013] § 73.1690 Modification of transmission § 73.1680 Emergency antennas. systems. (a) An emergency antenna is one that The following procedures and restric- is erected for temporary use after the tions apply to licensee modifications of authorized main and auxiliary anten- authorized broadcast transmission sys- nas are damaged and cannot be used. tem facilities. (b) Prior authority from the FCC is (a) The following changes are prohib- not required by licensees and permit- ited: tees to erect and commence operations (1) Those that would result in the using an emergency antenna to restore emission of signals outside of the au- program service to the public. How- thorized channel exceeding limits pre- ever, an informal letter request to con- scribed for the class of service. tinue operation with the emergency (2) Those that would cause the trans- antenna must be made within 24 hours mission system to exceed the equip- to the FCC in Washington, DC, Atten- ment performance measurements pre- tion: Audio Division (radio) or Video scribed for the class of service (AM, Division (television), Media Bureau, § 73.44; FM, §§ 73.317, 73.319, and 73.322; within 24 hours after commencement of TV and Class A TV, §§ 73.682 and 73.687). its use. The request is to include a de- (b) The following changes may be scription of the damage to the author- made only after the grant of a con- ized antenna, a description of the emer- struction permit application on FCC gency antenna, and the station oper- Form 301 for commercial stations or

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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. (3) Any change which would require (7) Any increase in the authorized an increase along any azimuth in the ERP of a television station, Class A composite directional antenna pattern television station, FM commercial sta- of an FM station from the composite tion, or noncommercial educational directional antenna pattern authorized FM station, except as provided for in (see § 73.316), or any increase from the § 73.1690(c)(4), (c)(5), or (c)(7), or in authorized directional antenna pattern § 73.1675(c)(1) in the case of auxiliary fa- for a TV broadcast (see § 73.685) or Class cilities. A TV station (see § 73.6025). (8) A commercial TV or noncommer- (4) Any change in the directional ra- cial educational TV station operating diation characteristics of an AM direc- on Channels 14 or Channel 69 or a Class tional antenna system. See § 73.45 and A TV station on Channel 14 may in- § 73.150. crease its horizontally or vertically po- (5) Any decrease in the authorized larized ERP only after the grant of a power of an AM station or the ERP of construction permit. A television or a TV or Class A TV station, or any de- Class A television station on Channels crease or increase in the ERP of an FM 15 through 21 within 341 km of a co- commercial station, which is intended channel land mobile operation, or 225 for compliance with the multiple own- km of a first-adjacent channel land ership rules in § 73.3555. mobile operation, must also obtain a (6) For FM noncommercial edu- construction permit before increasing cational stations, any of the following: the horizontally or vertically polarized (i) Any increase in the authorized ERP (see part 74, § 74.709(a) and (b) for maximum ERP, whether horizontally tables of urban areas and cor- or vertically polarized, for a non- responding reference coordinates of po- commercial educational FM station op- tentially affected land mobile oper- erating on Channels 201 through 220, or ations). a Class D FM station operating on Channel 200. (9) Any change in the community of (ii) For those FM noncommercial license, where the proposed new facili- educational stations on Channels 201 to ties are the same as, or would be mutu- 220, or a Class D FM station operating ally exclusive with, the licensee’s or on Channel 200, which are within the permittee’s present assignment. separation distances specified in Table (c) The following FM, TV and Class A A of § 73.525 with respect to a Channel 6 TV station modifications may be made television station, any increase in the without prior authorization from the horizontally or vertically polarized Commission. A modification of license ERP from the presently authorized application must be submitted to the ERP. Commission within 10 days of com- (iii) For those FM noncommercial mencing program test operations pur- educational stations on Channels 201 suant to § 73.1620. With the exception of through 220 which are located within applications filed solely pursuant to the separation distances in § 73.525 with paragraphs (c)(6), (c)(9), or (c)(10) of

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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 (2) Replacement of a directional FM antenna will be permanently mounted, antenna, where the measured com- and the tower or tower section must posite directional antenna pattern does include transmission lines, ladders, not exceed the licensed composite di- conduits, other antennas, and any rectional pattern at any azimuth, other installations which may affect where no change in effective radiated the measured directional pattern. power will result, and where compli- (iv) A certification from a licensed ance with the principal coverage re- surveyor that the antenna has been ori- quirements of § 73.315(a) will be main- ented to the proper azimuth. tained by the measured directional pat- (v) A certification from a qualified tern. The antenna must be mounted engineer who oversaw installation of not more than 2 meters above or 4 me- the directional antenna that the an- ters below the authorized values. The tenna was installed pursuant to the modification of license application on manufacturer’s instructions. Form 302-FM to cover the antenna re- (3) A directional TV on Channels 2 placement must contain all of the data through 13 or 22 through 68 or a direc- in the following sections (i) through tional Class A TV on Channels 2 (v). Program test operations at one through 13 or 22 through 51, or a direc- half (50%) power may commence imme- tional TV or Class A TV station on diately upon installation pursuant to Channels 15 through 21 which is in ex- § 73.1620(a)(3). However, if the replace- cess of 341 km (212 miles) from a co- ment directional antenna is an exact channel land mobile operation or in ex- replacement (i.e., no change in manu- cess of 225 km (140 miles) from a first- facturer, antenna model number, AND adjacent channel land mobile operation measured composite antenna pattern), (see part 74, § 74.709(a) and (b) for tables program test operations may com- of urban areas and reference coordi- mence immediately upon installation nates of potentially affected land mo- at the full authorized power. bile operations), may replace a direc- (i) A measured directional antenna tional TV or Class A TV antenna by a pattern and tabulation on the antenna license modification application, if the manufacturer’s letterhead showing proposed horizontal theoretical direc- both the horizontally and vertically tional antenna pattern does not exceed polarized radiation components and the licensed horizontal directional an- demonstrating that neither of the com- tenna pattern at any azimuth and

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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 a cochannel land mobile operation or come / first served basis with respect to in excess of 225 km (140 miles) from a conflicting FM commercial minor first-adjacent channel land mobile op- change applications and modification eration (see part 74, § 74.709(a) and (b) of license applications (including those for tables of urban areas and reference filed pursuant to § 73.1690 (b) and (c)(6) coordinates of potentially affected land and (c)(7)). mobile operations), which operate (7) FM omnidirectional commercial omnidirectionally, may increase the stations, and omnidirectional non- vertically polarized effective radiated commercial educational FM stations power up to the authorized hori- operating on Channels 221 through 300 zontally polarized effective radiated (except Class D), which are not des- power in a license modification appli- ignated as contour protection stations cation. Noncommercial educational pursuant to § 73.215 and which meet the FM licensees and permittees on Chan- spacing requirements of § 73.207, may nels 201 through 220, that do not use file a license modification application separate antennas mounted at different to increase ERP to the maximum per- heights for the horizontally polarized mitted for the station class, provided ERP and the vertically polarized ERP, that any change in the height of the and are located in excess of the separa- antenna radiation center remains in tions from a Channel 6 television sta- accordance with § 73.1690(c)(1). Program tion listed in Table A of § 73.525(a)(1), test operations may commence at full may also increase the vertical ERP, up power pursuant to § 73.1620(a)(1). All of to (but not exceeding) the authorized the following conditions also must be horizontally polarized ERP via a li- met before a station may apply pursu- cense modification application. Pro- ant to this section: gram test operations may commence at (i) The station may not be a ‘‘grand- full power pursuant to § 73.1620(a)(1). fathered’’ short-spaced station author- (5) Those Class A FM commercial stations which were permitted to increase ized pursuant to § 73.213 or short-spaced ERP pursuant to MM Docket No. 88–375 by a granted waiver of § 73.207; by a modification of license application (ii) If the station is located in or near remain eligible to do so, provided that a radio quiet zone, radio coordination the station meets the requirements of zone, or a Commission monitoring sta- § 73.1690 (c)(1) and is listed on one of the tion (see § 73.1030 and § 0.121(c) of this Public Notices as authorized to in- chapter), the licensee or permittee crease ERP, or by a letter from the must have secured written concurrence Commission’s staff authorizing the from the affected radio quiet zone, change. These Public Notices were re- radio coordination zone, or the Com- leased on November 3, 1989; November mission’s Public Safety and Homeland 17, 1989; December 8, 1989; March 2, 1990; Security Bureau in the case of a moni- and February 11, 1991. The increased toring station, to increase effective ra- ERP must comply with the multiple diated power PRIOR to implementa- ownership requirements of § 73.3555. tion. A copy of that concurrence must

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be submitted with the license applica- Channel 6 TV station, may not use this tion to document that concurrence has rule to decrease the horizontally polar- been received; ized ERP below the value of the (iii) The station does not require vertically polarized ERP. international coordination as the sta- (vi) Noncommercial educational FM tion does not lie within the border stations on Channels 201 through 220 zones, or clearance has been obtained which are within the Table A distance from Canada or Mexico for the higher separations of § 73.525, or Class D sta- power operation within the station’s tions on Channel 200, may not use the specified domestic class and the sta- license modification process to elimi- tion complies with § 73.207(b)(2) and (3) nate an authorized horizontally polar- with respect to foreign allotments and ized component in favor of vertically allocations; polarized-only operation. In addition, (iv) The increased ERP will not cause noncommercial educational stations the station to violate the multiple operating on Channels 201 through 220, ownership requirements of § 73.3555. or Class D stations on Channel 200, (8) FM commercial stations and FM which employ separate horizontally noncommercial educational stations and vertically polarized antennas may decrease ERP on a modification of mounted at different heights, may not license application provided that ex- use the license modification process to hibits are included to demonstrate that increase or decrease either the hori- all six of the following requirements zontal ERP or vertical ERP without a are met: construction permit. (i) Commercial FM stations must (9) The licensee of an AM, FM, or TV continue to provide a 70 dBu principal commercial station may propose to community contour over the commu- change from commercial to non- nity of license, as required by commercial educational on a modifica- § 73.315(a). Noncommercial educational tion of license application, provided FM stations must continue to provide that the application contains com- a 60 dBu contour over at least a portion pleted Sections II and IV of FCC Form of the community of license. The 60 340. In addition, a noncommercial edu- and 70 dBu contours must be predicted cational AM licensee, a TV licensee on by use of the standard contour pre- a channel not reserved for noncommer- diction method in § 73.313(b), (c), and cial educational use, or an FM licensee (d). on Channels 221 to 300 (except Class D (ii) For both commercial FM and FM) on a channel not reserved for non- noncommercial educational FM sta- commercial educational use, may tions, the location of the main studio apply to change from educational to remains within the 70 dBu principal commercial via a modification of li- community contour, as required by cense application, and no exhibits are § 73.1125, or otherwise complies with required with the application. The that rule. The 70 dBu contour must be change will become effective upon predicted by use of the standard con- grant of the license application. tour prediction method in § 73.313(b), (10) Replacement of a transmission (c), and (d). line with one of a different type or (iii) For commercial FM stations length which changes the transmitter only, there is no change in the author- operating power (TPO) from the au- ized station class as defined in § 73.211. thorized value, but not the ERP, must (iv) For commercial FM stations be reported in a license modification only, the power decrease is not nec- application to the Commission. essary to achieve compliance with the (11) Correction of geographic coordi- multiple ownership rule, § 73.3555. nates where the change is 3 seconds or (v) Commercial FM stations, non- fewer in latitude and/or 3 seconds or commercial educational FM stations fewer in longitude, provided there is no on Channels 221 through 300, and non- physical change in location and no commercial educational FM stations other licensed parameters are changed. on Channels 200 through 220 which are The correction of coordinates may not located in excess of the distances in result in any new short spacings or in- Table A of § 73.525 with respect to a creases in existing short spacings.

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(d) The following changes may be (d) The effect of the proposed change made without authorization from the or modification in the adopted stand- FCC, however informal notification of ards upon operation and obsolescence the changes must be made according to of receivers; the rule sections specified: (1) Should a change of modification (1) Change in studio location within in the transmission standards be adopt- the principal community contour. See ed by the FCC, the effective date there- § 73.1125. of will be determined in the light of the (2) Commencement of remote control considerations mentioned in this para- operation pursuant to §§ 73.1400 and graph (d); 73.1410. (3) Modification of an AM directional (2) [Reserved] antenna sampling system. See § 73.68. (e) The change in equipment required (e) Any electrical and mechanical in existing broadcast stations for in- modification to authorized transmit- corporating the proposed change or ting equipment that is not otherwise modification in the adopted standards; restricted by the preceding provisions and of this section, may be made without (f) The facts and reasons upon which FCC notification or authorization. the petitioner bases the conclusion Equipment performance measurements that the proposed change or modifica- must be made within ten days after tion would be in the public interest, completing the modifications (See convenience, and necessity. § 73.1590). An informal statement, dia- gram, etc., describing the modification [49 FR 4211, Feb. 3, 1984] must be retained at the transmitter site for as long as the equipment is in § 73.1700 Broadcast day. use. The term broadcast day means that period of time between the station’s [47 FR 8590, Mar. 1, 1982] sign-on and its sign-off. EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 73.1690, see the List of CFR [43 FR 45849, Oct. 4, 1978] Sections Affected, which appears in the Finding Aids section of the printed volume § 73.1705 Time of operation. and at www.fdsys.gov. (a) Commercial and noncommercial § 73.1692 [Reserved] educational TV and commercial FM stations will be licensed for unlimited § 73.1695 Changes in transmission time operation. Application may be standards. made for voluntary share-time oper- The FCC will consider the question ation. whether a proposed change or modifica- (b) Noncommercial educational FM tion of transmission standards adopted stations will be licensed for unlimited for broadcast stations would be in the and share time operation according to public interest, convenience, and ne- the provisions of § 73.561. cessity, upon petition being filed by (c) AM stations in the 535–1705 kHz the person proposing such change or band will be licensed for unlimited modification, setting forth the fol- time. In the 535–1605 kHz band, stations lowing: that apply for share time and specified (a) The exact character of the change hours operations may also be licensed. or modification proposed; AM stations licensed to operate day- (b) The effect of the proposed change or modification upon all other trans- time-only and limited-time may con- mission standards that have been tinue to do so; however, no new such adopted by the FCC for broadcast sta- stations will be authorized, except for tions; fulltime stations that reduce operating (c) The experimentation and field hours to daytime-only for interference tests that have been made to show that reduction purposes. the proposed change or modification [43 FR 45849, Oct. 4, 1978, as amended at 56 FR accomplishes an improvement and is 64872, Dec. 12, 1991] technically feasible;

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

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that station. Operation is also per- ating during the experimental period), mitted during nighttime hours not § 73.1250 (Broadcasting emergency infor- used by the Class A station or other mation) and § 73.1740 (Minimum oper- stations on the channel. ating schedule). (b) No authorization will be granted for: [43 FR 45850, Oct. 4, 1978] (1) A new limited time station; § 73.1735 AM station operation pre- (2) A limited time station operating sunrise and post-sunset. on a changed frequency; (3) A limited time station with a new Certain classes of AM stations are el- transmitter site materially closer to igible to operate pre-sunrise and/or the 0.1 mV/m contour of a co-channel post-sunset for specified periods with U.S. Class A station; or facilities other than those specified on (4) Modification of the operating fa- their basic instruments of authoriza- cilities of a limited time station result- tion. Such pre-sunrise and post-sunset ing in increased radiation toward any operation is authorized pursuant to the point on the 0.1 mV/m contour of a co- provisions of § 73.99 of the Rules. channel U.S. Class A station during the [49 FR 41249, Oct. 22, 1984] hours after local sunset in which the limited time station is permitted to § 73.1740 Minimum operating sched- operate by reason of location east of ule. the Class A station. (c) The licensee of a secondary sta- (a) All commercial broadcast station which is authorized to operate tions are required to operate not less limited time and which may resume than the following minimum hours: operation at the time the Class A sta- (1) AM and FM stations. Two-thirds of tion (or stations) on the same channel the total hours they are authorized to ceases operation shall, with each appli- operate between 6 a.m. and 6 p.m. local cation for renewal of license, file in time and two-thirds of the total hours triplicate a copy of its regular oper- they are authorized to operate between ating schedule. It shall bear a signed 6 p.m. and midnight, local time, each notation by the licensee of the Class A day of the week except Sunday. station of its objection or lack of ob- (i) Class D stations which have been jection thereto. Upon approval of such authorized nighttime operations need operating schedule, the FCC will affix comply only with the minimum re- its file mark and return one copy to quirements for operation between 6 the licensee authorized to operate lim- a.m. and 6 p.m., local time. ited time. This shall be posted with the (2) TV stations. (i) During the first 36 station license and considered as a part months of operation, not less than 2 thereof. Departure from said operating hours daily in any 5 broadcast days per schedule will be permitted only pursu- calendar week and not less than a total ant to § 73.1715 (Share time). of: [56 FR 64872, Dec. 12, 1991] (A) 12 hours per week during the first 18 months. § 73.1730 Specified hours. (B) 16 hours per week during the 19th (a) Specified hours stations must op- through 24th months. erate in accordance with the exact (C) 20 hours per week during the 25th hours specified in their license. How- through 30th months. ever, such stations, operating on local (D) 24 hours per week during the 31st channels, unless sharing time with through 36th months. other stations, may operate at hours (ii) After 36 months of operation, not beyond those specified in their licenses less than 2 hours in each day of the to carry special events programing. week and not less than a total of 28 When such programs are carried during hours per calendar week. nighttime hours, the station’s author- (iii) Visual transmissions of test pat- ized nighttime facilities must be used. terns, slides, or still pictures accom- (b) Other exceptions to the adherence panied by unrelated aural trans- to the schedule of specified hours of op- missions may not be counted in com- eration are provided in § 73.72 (Oper- puting program service (see § 73.653).

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(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 (c) The license of any broadcasting § 73.1820. This log shall be kept by sta- station that fails to transmit broadcast tion employees competent to do so, signals for any consecutive 12-month having actual knowledge of the facts period expires as a matter of law at the required. All entries, whether required end of that period, notwithstanding or not by the provisions of this part, any provision, term, or condition of the must accurately reflect the station op- license to the contrary. eration. Any employee making a log [43 FR 45850, Oct. 4, 1978, as amended at 53 FR entry shall sign the log, thereby attest- 1032, Jan. 15, 1988; 56 FR 64873, Dec. 12, 1991; ing to the fact that the entry, or any 61 FR 28767, June 6, 1996; 65 FR 30006, May 10, correction or addition made thereto, is 2000] an accurate representation of what transpired. § 73.1745 Unauthorized operation. (b) The logs shall be kept in an or- (a) No broadcast station shall operate derly and legible manner, in suitable at times, or with modes or power, other form and in such detail that the data

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required for the particular class of sta- logged and accompanied, if any param- tion concerned are readily available. eter deviation was beyond a prescribed Key letters or abbreviations may be tolerance, by a notation describing the used if the proper meaning or expla- nature of the corrective action. Indica- nation is contained elsewhere in the tions of all parameters whose values log. Each sheet must be numbered and are affected by the modulation of the dated. Time entries must be made in carrier must be read without modula- local time and must be indicated as ad- tion. The actual time of observation vanced (e.g., EDT) or non-advanced must be included in each log entry. The (e.g., EST) time. following information must be entered: (c) Any necessary corrections of a (1) All stations. (i) Entries required by manually kept log after it has been § 17.49 of this chapter concerning any signed in accordance with paragraph observed or otherwise known extin- (a) of this section shall be made only guishment or improper functioning of a by striking out the erroneous portion tower light: and making a corrective explanation (A) The nature of such extinguish- on the log or attachment to it. Such ment or improper functioning. corrections shall be dated and signed (B) The date and time the extinguish- by the person who kept the log or the ment or improper operation was ob- station chief operator, the station served or otherwise noted. manager or an officer of the licensee. (C) The date, time and nature of ad- (d) No automatically kept log shall justments, repairs or replacements be altered in any way after entries made. have been recorded. When automatic (ii) Any entries not specifically re- logging processes fail or malfunction, quired in this section, but required by the log must be kept manually for that the instrument of authorization or period and in accordance with the re- elsewhere in this part. quirements of this section. (iii) An entry of each test and activa- (e) No log, or portion thereof, shall be tion of the Emergency Alert System erased, obliterated or willfully de- (EAS) pursuant to the requirement of stroyed during the period in which it is part 11 of this chapter and the EAS Op- required to be retained. (Section erating Handbook. Stations may keep 73.1840, Retention of logs.) EAS data in a special EAS log which (f) Application forms for licenses and shall be maintained at a convenient lo- other authorizations may require that cation; however, this log is considered certain technical operating data be a part of the station log. supplied. These application forms (2) Directional AM stations without an should be kept in mind in connection FCC-approved antenna sampling system with the maintenance of the station (See § 73.68). (i) An entry at the begin- log. ning of operations in each mode of op- [43 FR 45850, Oct. 4, 1978, as amended at 48 FR eration, and thereafter at intervals not 38481, Aug. 24, 1983; 48 FR 44806, Sept. 30, 1983; exceeding 3 hours, of the following (ac- 49 FR 14509, Apr. 12, 1984; 49 FR 33663, Aug. 24, tual readings observed prior to making 1984; 50 FR 40016, Oct. 1, 1985] any adjustments to the equipment and an indication of any corrections to re- § 73.1820 Station log. store parameters to normal operating (a) Entries must be made in the sta- values): tion log either manually by a person (A) Common point current. designated by the licensee who is in ac- (B) When the operating power is de- tual charge of the transmitting appa- termined by the indirect method, the ratus, or by automatic devices meeting efficiency factor F and either the prod- the requirements of paragraph (b) of uct of the final amplifier input voltage this section. Indications of operating and current or the calculated antenna parameters that are required to be input power. See § 73.51(e). logged must be logged prior to any ad- (C) Antenna monitor phase or phase justment of the equipment. Where ad- deviation indications. justments are made to restore param- (D) Antenna monitor sample cur- eters to their proper operating values, rents, current ratios, or ratio deviation the corrected indications must be indications.

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(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, (2) Reproduction of logs, stored on the person designated by the licensee data-storage systems, to full-size cop- as being responsible for the log small ies, is required of licensees if requested make the required entries in the log by the FCC or the public as authorized manually at that time; by FCC rules. Such reproductions must (5) The indicating equipment con- be completed within 2 full work days of forms to the requirements of § 73.1215 the time of the request. (Indicating instruments—specifica- (3) Corrections to logs shall be made: tions) except that the scales need not (i) Prior to converting to a data-stor- exceed 5 cm (2 inches) in length. Arbi- age system pursuant to the require- trary scales may not be used. ments of § 73.1800 (c) and (d), (§ 73.1800, (c) In preparing the station log, origi- General requirements relating to logs). nal data may be recorded in rough form (ii) After converting to a data-stor- and later transcribed into the log. age 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; the related data-stored logs. Such cor- 48 FR 38481, Aug. 24, 1983; 48 FR 44806, Sept. rections shall contain sufficient infor- 30, 1983; 49 FR 33603, Aug. 23, 1984; 58 FR 44951, mation to allow those reviewing the Aug. 25, 1993; 59 FR 67102, Dec. 28, 1994; 60 FR logs to identify where corrections have 55482, Nov. 1, 1995] been made, and when and by whom the corrections were made. § 73.1835 Special technical records. (4) Copies of any log required to be The FCC may require a broadcast filed with any application; or placed in station licensee to keep operating and the station’s local public inspection maintenance records as necessary to file as part of an application; or filed resolve conditions of actual or poten- with reports to the FCC must be repro- tial interference, rule violations, or de- duced in fullsize form when complying ficient technical operation. with these requirements. [48 FR 38482, Aug. 24, 1983] [45 FR 41151, June 18, 1980, as amended at 46 FR 13907, Feb. 24, 1981; 46 FR 18557, Mar. 25, § 73.1840 Retention of logs. 1981; 49 FR 33663, Aug. 24, 1984] (a) Any log required to be kept by station licensees shall be retained by § 73.1870 Chief operators. them for a period of 2 years. However, (a) The licensee of each AM, FM, TV logs involving communications inci- or Class A TV broadcast station must

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

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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 substan- [57 FR 27708, June 22, 1992] tial showing that he or she is a bona fide candidate for such nomination: Ex- § 73.1941 Equal opportunities. cept, that no person shall be considered (a) General requirements. Except as a legally qualified candidate for nomi- otherwise indicated in § 73.1944, no sta- nation by the means set forth in this tion licensee is required to permit the paragraph prior to 90 days before the use of its facilities by any legally beginning of the convention, caucus or qualified candidate for public office, similar procedure in which he or she but if any licensee shall permit any seeks nomination. such candidate to use its facilities, it (e) A person seeking nomination for shall afford equal opportunities to all the office of President or Vice Presi- other candidates for that office to use dent of the United States shall, for the such facilities. Such licensee shall have purposes of the Communications Act no power of censorship over the mate- and the rules thereunder, be considered rial broadcast by any such candidate. a legally qualified candidate only in Appearance by a legally qualified can- those States or territories (or the Dis- didate on any: trict of Columbia) in which, in addition (1) Bona fide newscast; to meeting the requirements set forth (2) Bona fide news interview; in paragraph (a) of this section: (3) Bona fide news documentary (if (1) He or she, or proposed delegates the appearance of the candidate is inci- on his or her behalf, have qualified for dental to the presentation of the sub- the primary or Presidential preference ject or subjects covered by the news ballot in that State, territory or the documentary); or District of Columbia; or (4) On-the-spot coverage of bona fide (2) He or she has made a substantial news events (including, but not limited showing of a bona fide candidacy for to political conventions and activities such nomination in that State, terri- incidental thereto) shall not be deemed tory or the District of Columbia; ex- to be use of broadcasting station. (sec- cept, that any such person meeting the tion 315(a) of the Communications requirements set forth in paragraphs Act.) (a)(1) and (2) of this section in at least (b) Uses. As used in this section and 10 States (or 9 and the District of Co- § 73.1942, the term ‘‘use’’ means a can- lumbia) shall be considered a legally didate appearance (including by voice qualified candidate for nomination in or picture) that is not exempt under

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paragraphs 73.1941 (a)(1) through (a)(4) station for the same class and amount of this section. of time for the same period. (c) Timing of request. A request for (i) A candidate shall be charged no equal opportunities must be submitted more per unit than the station charges to the licensee within 1 week of the day its most favored commercial adver- on which the first prior use giving rise tisers for the same classes and amounts to the right of equal opportunities oc- of time for the same periods. Any sta- curred: Provided, however, That where tion practices offered to commercial the person was not a candidate at the advertisers that enhance the value of time of such first prior use, he or she advertising spots must be disclosed and shall submit his or her request within made available to candidates on equal 1 week of the first subsequent use after terms. Such practices include but are he or she has become a legally quali- not limited to any discount privileges fied candidate for the office in ques- that affect the value of advertising, tion. such as bonus spots, time-sensitive (d) Burden of proof. A candidate re- make goods, preemption priorities, or questing equal opportunities of the li- any other factors that enhance the censee or complaining of noncompli- value of the announcement. ance to the Commission shall have the (ii) The Commission recognizes non- burden of proving that he or she and premptible, preemptible with notice, his or her opponent are legally quali- immediately preemptible and run-of- fied candidates for the same public of- schedule as distinct classes of time. fice. (iii) Stations may establish and de- (e) Discrimination between candidates. fine their own reasonable classes of im- In making time available to candidates mediately preemptible time so long as for public office, no licensee shall make the differences between such classes any discrimination between candidates are based on one or more demonstrable in practices, regulations, facilities, or benefits associated with each class and services for or in connection with the are not based solely upon price or iden- service rendered pursuant to this part, tity of the advertiser. Such demon- or make or give any preference to any strable benefits include, but are not candidate for public office or subject limited to, varying levels of preemp- any such candidate to any prejudice or tion protection, scheduling flexibility, disadvantage; nor shall any licensee or associated privileges, such as guar- make any contract or other agreement anteed time-sensitive make goods. Sta- which shall have the effect of permit- tions may not use class distinctions to ting any legally qualified candidate for defeat the purpose of the lowest unit any public office to broadcast to the charge requirement. All classes must exclusion of other legally qualified be fully disclosed and made available candidates for the same public office. to candidates. [57 FR 208, Jan. 3, 1992, as amended at 59 FR (iv) Stations may establish reason- 14568, Mar. 29, 1994] able classes of preemptible with notice time so long as they clearly define all § 73.1942 Candidate rates. such classes, fully disclose them and (a) Charges for use of stations. The make available to candidates. charges, if any, made for the use of any (v) Stations may treat non- broadcasting station by any person preemptible and fixed position as dis- who is a legally qualified candidate for tinct classes of time provided that sta- any public office in connection with his tions articulate clearly the differences or her campaign for nomination for between such classes, fully disclose election, or election, to such office them, and make them available to can- shall not exceed: didates. (1) During the 45 days preceding the (vi) Stations shall not establish a date of a primary or primary runoff separate, premium-period class of time election and during the 60 days pre- sold only to candidates. Stations may ceding the date of a general or special sell higher-priced non-preemptible or election in which such person is a can- fixed time to candidates if such a class didate, the lowest unit charge of the of time is made available on a bona fide

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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 dising incentives in lowest unit charge advertisers. Stations may use reason- calculations; provided, however, that able discretion in making the disclo- all such incentives must be offered to sure; provided, however, that the dis- candidates as part of any purchases closure includes, at a minimum, the permitted by the licensee. Bonus spots, following information: however, must be included in the cal- (1) A description and definition of culation of the lowest unit charge cal- each class of time available to com- culation. mercial advertisers sufficiently com- (xii) Makes goods, defined as the re- plete to allow candidates to identify scheduling of preempted advertising, and understand what specific at- shall be provided to candidates prior to tributes differentiate each class; election day if a station has provided a (2) A description of the lowest unit time-sensitive make good during the charge and related privileges (such as year preceding the pre-election periods, priorities against preemption and perspectively set forth in paragraph make goods prior to specific deadlines)

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for each class of time offered to com- public file hosted by the Commission. mercial advertisers; A station must retain in its political (3) A description of the station’s file maintained at the station, at the method of selling preemptible time location specified in § 73.3526(b) or based upon advertiser demand, com- § 73.3527(b), all material required to be monly known as the ‘‘current selling included in the political file and added level,’’ with the stipulation that can- to the file prior to the effective date of didates will be able to purchase at this paragraph, unless the station these demand-generated rates in the elects voluntarily to place these mate- same manner as commercial adver- rials in the Commission’s online public tisers; file. The online political file must be (4) An approximation of the likeli- updated in the same manner as para- hood of preemption for each kind of graph (c) of this section. preemptible time; and (5) An explanation of the station’s [57 FR 210, Jan. 3, 1992, as amended at 77 FR sales practices, if any, that are based 27655, May 11, 2012; 81 FR 10123, Feb. 29, 2016] on audience delivery, with the stipula- § 73.1944 Reasonable access. tion that candidates will be able to purchase this kind of time, if available (a) Section 312(a)(7) of the Commu- to commercial advertisers. nications Act provides that the Com- (c) Once disclosure is made, stations mission may revoke any station license shall negotiate in good faith to actu- or construction permit for willful or re- ally sell time to candidates in accord- peated failure to allow reasonable ac- ance with the disclosure. cess to, or to permit purchase of, rea- (d) This rule (§ 73.1942) shall not apply sonable amounts of time for the use of to any station licensed for non-com- a broadcasting station by a legally mercial operation. qualified candidate for Federal elective office on behalf of his candidacy. [57 FR 209, Jan. 3, 1992, as amended at 57 FR (b) Weekend access. For purposes of 27709, June 22, 1992] providing reasonable access, a licensee § 73.1943 Political file. shall make its facilities available for use by federal candidates on the week- (a) Every licensee shall keep and per- end before the election if the licensee mit public inspection of a complete and has provided similar access to commer- orderly record (political file) of all re- cial advertisers during the year pre- quests for broadcast time made by or ceding the relevant election period. Li- on behalf of a candidate for public of- censees shall not discriminate between fice, together with an appropriate no- candidates with regard to weekend ac- tation showing the disposition made by cess. the licensee of such requests, and the charges made, if any, if the request is [57 FR 210, Jan. 3, 1992] granted. The ‘‘disposition’’ includes the schedule of time purchased, when spots § 73.2080 Equal employment opportu- actually aired, the rates charged, and nities (EEO). the classes of time purchased. (a) General EEO policy. Equal oppor- (b) When free time is provided for use tunity in employment shall be afforded by or on behalf of candidates, a record by all licensees or permittees of com- of the free time provided shall be mercially or noncommercially oper- placed in the political file. ated AM, FM, TV, Class A TV or inter- (c) All records required by this para- national broadcast stations (as defined graph shall be placed in the political in this part) to all qualified persons, file as soon as possible and shall be re- and no person shall be discriminated tained for a period of two years. As against in employment by such sta- soon as possible means immediately tions because of race, color, religion, absent unusual circumstances. national origin, or sex. Religious radio (d) Location of the file. A licensee or broadcasters may establish religious applicant must post all of the contents belief or affiliation as a job qualifica- added to its political file after the ef- tion for all station employees. How- fective date of this paragraph in the ever, they cannot discriminate on the political file component of its online basis of race, color, national origin or

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gender from among those who share these recruitment requirements with their religious affiliation or belief. For respect to that job position or posi- 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 faith judgment to widely disseminate station shall: (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, tion employment unit has more than color, religion, national origin, or sex ten full-time employees and is not lo- from its personnel policies and prac- cated in a smaller market) or two (if it tices and working conditions; and has five to ten full-time employees and/ (5) Conduct a continuing review of or is located entirely in a smaller mar- job structure and employment prac- ket) of the following initiatives during tices and adopt positive recruitment, each two-year period beginning with job design, and other measures needed the date stations in the station em- to ensure genuine equality of oppor- ployment unit are required to file re- tunity to participate fully in all orga- newal applications, or the second, nizational units, occupations, and levels 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 affili- and professional community whose ation as a qualification for a job posi- membership includes substantial par- tion are not required to comply with ticipation of women and minorities;

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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- cient to verify the accuracy of infor- quired the station. Stations are re- mation provided in Forms 396, Forms quired to maintain a copy of their 397, and EEO public file reports. To de- Form 396 in the station’s public file in termine compliance with the EEO rule, accordance with the provisions of the Commission may conduct inquiries §§ 73.3526 and 73.3527. of licensees at random or if it has evi- (2) The Commission will conduct a dence of a possible violation of the mid-term review of the employment EEO rule. In addition, the Commission practices of each broadcast television will conduct random audits. Specifi- station and each radio station that is cally, each year approximately five part of an employment unit of more percent of all licensees in the tele- than ten full-time employees four vision and radio services will be ran- years following the station’s most re- domly selected for audit, ensuring cent license expiration date as speci- that, even though the number of radio fied in § 73.1020. Each such licensee is licensees is significantly larger than required to file with the Commission television licensees, both services are the Broadcast Mid-Term Report (FCC represented in the audit process. Upon Form 397) four months prior to that request, stations shall make records date. If a broadcast licensee acquires a available to the Commission for its re- station pursuant to FCC Form 314 or view. FCC Form 315 during the period that is (5) The public may file complaints to form the basis for the Form 397, its throughout the license term based on a Report should cover the licensee’s EEO station’s Form 397 or the contents of a recruitment activity during the period station’s public file. Provisions con- starting with the date it acquired the cerning filing, withdrawing, or non-fil- 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] bases of Forms 396, Forms 397 and the EEO public file reports for its own sta- § 73.2090 Ban on discrimination in tion. If a licensee-broker owns more broadcast transactions. than one station, it shall include its re- No qualified person or entity shall be cruitment activity for the brokered discriminated against on the basis of station in the Forms 396, Forms 397, race, color, religion, national origin or and EEO public file reports filed for its sex in the sale of commercially oper- own station that is most closely affiliated AM, FM, TV, Class A TV or inter- ated with, and in the same market as, national broadcast stations (as defined the brokered station. If a licensee- in this part). broker does not own a station in the [73 FR 28369, May 16, 2008] same market as the brokered station, then it shall include its recruitment § 73.3500 Application and report forms. activity for the brokered station in the (a) Following are the FCC broadcast Forms 396, Forms 397, and EEO public application and report forms, listed by file reports filed for its own station number. that is geographically closest to the brokered station. Form num- Title (4) Broadcast stations subject to this ber section shall maintain records of their 175 ...... Application to Participate in an FCC Auction recruitment activity necessary to dem- 301 ...... Application for Authority to Construct or Make onstrate that they are in compliance Changes in a Commercial Broadcast Station. 301–A ...... Application for Authority to Operate a Broadcast with the EEO rule. Stations shall en- Station by Remote Control or to Make sure that they maintain records suffi- Changes in a Remote Control Authorization.

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number, that must be filed electroni- Form num- Title ber cally in accordance with the filing in- 302–AM ... Application for AM Broadcast Station License. structions set forth in the application 302–CA .... Application for Class A Television Broadcasting and report form. Station Construction Permit or License. (1) Form 398, in electronic form as of 302–FM .... Application for FM Broadcast Station License. 302–TV .... Application for Television Broadcast Station Li- January 10, 1999. cense. [44 FR 38486, July 2, 1979] 303–S Ap- plication EDITORIAL NOTE: For FEDERAL REGISTER ci- for Re- tations affecting § 73.3500, see the List of CFR newal of Sections Affected, which appears in the License Finding Aids section of the printed volume for AM, FM, TV, and at www.fdsys.gov. Trans- lator, or § 73.3511 Applications required. 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 ies. or License. 346 ...... Application for Authority to Construct or Make All applications for authorizations Changes in a Low Power TV, TV Translator required by § 73.3511 shall be filed at the or TV Booster Station. 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 in accordance with § 0.401(b) of the Station. 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. FCC Form which is to be used in filing 396 ...... Broadcast Equal Employment Opportunity Pro- gram Report. such application. 396–A ...... Broadcast Equal Employment Opportunity [52 FR 10231, Mar. 31, 1987] Model Program Report. 398 ...... Children’s Television Programming Report. 601 ...... FCC Application for Wireless Telecommuni- § 73.3513 Signing of applications. cations Bureau Radio Service Authorization. (a) Applications, amendments there- 603 ...... FCC Wireless Telecommunications Bureau Ap- 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.

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(2) Partnership. One of the partners, if (b) The FCC may require an applicant the applicant is a partnership. to submit such documents and written (3) Corporation. An officer, if the ap- statements of fact as in its judgment plicant is a corporation. may be necessary. The FCC may also, (4) Unincorporated Association. A upon its own motion or upon motion of member who is an officer, if the appli- any party to a proceeding, order the cant is an unincorporated association. applicant to amend the application so (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 [44 FR 38487, July 2, 1979, as amended at 51 broadcast station will not be accepted FR 3069, Jan. 23, 1986; 64 FR 56978, Oct. 22, for filing if it is mutually exclusive 1999] with an application for renewal of license of an existing broadcast station § 73.3514 Content of applications. unless the application for renewal of li- (a) Each application shall include all cense is filed on or before May 1, 1995 information called for by the par- and unless the mutually exclusive con- ticular form on which the application struction permit application is ten- is required to be filed, unless the infor- dered for filing by the end of the first mation called for is inapplicable, in day of the last full calendar month of which case this fact shall be indicated. the expiring license term. A petition to

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

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noncommercial educational FM station § 73.3520 Multiple applications. license also must include a public in- Where there is one application for terest justification. Dismissal of any new or additional facilities pending, no one of the related applications as unac- other application for new or additional ceptable will result in the dismissal of facilities for a station of the same class all the related applications. to serve the same community may be NOTE 1: No application to move to a fre- filed by the same applicant, or suc- quency in the 1605–1705 kHz band may be part cessor or assignee, or on behalf of, or of any package of contingent applications for the benefit of the original parties in associated with a voluntary agreement. interest. Multiple applications may not NOTE 2: In cases where no modified proposal is filed pursuant to paragraph (d) of be filed simultaneously. this section, the Commission will grant the [44 FR 38488, July 2, 1979] application resulting in the greatest net interference reduction. § 73.3521 Mutually exclusive applica- [44 FR 38487, July 2, 1979, as amended at 45 tions for low power television, tele- FR 41152, June 18, 1980; 52 FR 5294, Feb. 20, vision translators and television 1987; 53 FR 36787, Sept. 22, 1988; 56 FR 64873, booster stations. Dec. 12, 1991; 64 FR 19501, Apr. 21, 1999] When there is a pending application for a new low power television, tele- § 73.3518 Inconsistent or conflicting vision translator, or television booster applications. station, or for major changes in an ex- While an application is pending and isting station, no other application undecided, no subsequent inconsistent which would be directly mutually ex- or conflicting application may be filed clusive with the pending application by or on behalf of or for the benefit of may be filed by the same applicant or the same applicant, successor or as- by any applicant in which any indi- signee. vidual in common with the pending ap- [44 FR 38487, July 2, 1979] plication has any interest, direct or indirect, except that interests or less § 73.3519 Repetitious applications. than 1% will not be considered. (a) Where the FCC has denied an ap- [52 FR 31400, Aug. 20, 1987] plication for a new station or for any modification of services or facilities, or § 73.3522 Amendment of applications. dismissed such application with preju- (a) Broadcast services subject to com- dice, no like application involving petitive bidding. (1) Applicants in all service of the same kind for substan- broadcast services subject to competi- tially the same area by substantially tive bidding will be subject to the pro- the same applicant, or his successor or visions of §§ 73.5002 and 1.2105(b) regard- assignee, or on behalf or for the benefit ing the modification of their short- of the original parties in interest, may form applications. be filed within 12 months from the ef- (2) Subject to the provision of fective date of the FCC’s action. How- § 73.5005, if it is determined that a long ever, applicants whose applications form application submitted by a win- have been denied in a comparative ning bidder or a non-mutually exclu- hearing may apply immediately for an- sive applicant for a new station or a other available facility. major change in an existing station in (b) Where an appeal has been taken all broadcast services subject to com- from the action of the FCC in denying petitive bidding is substantially com- a particular application, another appli- plete, but contains any defect, omis- cation for the same class of broadcast sion, or inconsistency, a deficiency let- station and for the same area, in whole ter will be issued affording the appli- or in part, filed by the same applicant, cant an opportunity to correct the de- or his successor or assignee, or on be- fect, omission or inconsistency. half of, or for the benefit of the origi- Amendments may be filed pursuant to nal parties in interest, will not be con- the deficiency letter curing any defect, sidered until final disposition of such omission or inconsistency identified by appeal. the Commission, or to make minor [44 FR 38488, July 2, 1979] modifications to the application, or

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pursuant to § 1.65. Such amendments application will be returned and the should be filed in accordance with Tentative Selectee will be provided one § 73.3513. If a petition to deny has been opportunity for curative amendment filed, the amendment shall be served by filing a petition for reconsideration on the petitioner. requesting reinstatement of the appli- (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

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letter, a submission seeking to correct (b) If a competing applicant seeks to a tender and/or acceptance defect in an dismiss or withdraw its application application meeting minimum filing prior to the Initial Decision stage of requirements will be treated as an the hearing on its application, it must amendment for good cause if it would submit to the Commission a request for 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 ing or carrying out an agreement with to the initial applicant but prior to the any other applicant regarding the dis- amendment application. Similarly, an missal or withdrawal of its application; applicant subject to ‘‘first come/first and serve’’ processing will not be permitted (3) The terms of any oral agreement to amend its application and retain fil- relating to the dismissal or withdrawal ing priority if the result of such of its application. amendment is to alter the facility’s In addition, within 5 days of the appli- coverage area so as to produce a con- cant’s request for approval, each re- flict with an applicant which files sub- maining competing applicant and the sequent to the initial applicant but renewal applicant must submit an affi- prior to the amendment. davit setting forth: NOTE 1 TO § 73.3522: When two or more (4) A certification that neither the broadcast applications are tendered for filing applicant nor its principals has paid or which are mutually exclusive with each will pay any money or other consider- other but not in conflict with any previously ation in exchange for the dismissal or filed applications which have been accepted withdrawal of the application; and for filing, the FCC, where appropriate, will (5) The terms of any oral agreement announce acceptance of the earliest tendered application and place the later filed applica- relating to the dismissal or withdrawal tion or applications on a subsequent public of the application. notice of acceptance for filing in order to es- (c) If a competing applicant seeks to tablish a deadline for the filing of amend- dismiss or withdraw its application ments as a matter of right for all applicants after the Initial Decision stage of the in the group. hearing on its application, it must sub- [63 FR 48623, Sept. 11, 1998, as amended at 65 mit to the Commission a request for FR 36378, June 8, 2000] approval of the dismissal or withdrawal of its application, a copy of the any § 73.3523 Dismissal of applications in written agreement related to the dis- renewal proceedings. missal or withdrawal, and an affidavit (a) An applicant for construction per- setting forth: mit, that has filed an application that (1) A certification that neither the is mutually exclusive with an applica- applicant nor its principals has re- tion for renewal of a license of an AM, ceived or will receive any money or FM or television station (hereinafter other consideration in excess of the le- competing applicant’’) filed on or be- gitimate and prudent expenses of the fore May 1, 1995, and seeks to dismiss applicant; or withdraw its application and there- (2) The exact nature and amount of by remove a conflict between applica- any consideration paid or promised; tions pending before the Commission, (3) An itemized accounting of the ex- must obtain the approval of the Com- penses for which it seeks reimburse- mission. ment;

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(4) A statement that its application comparative renewal proceedings, was not filed for the purpose of reach- whenever applicants for a construction ing or carrying out an agreement with permit for a broadcast station enter 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

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fair, efficient and equitable distribu- to serve substantially the same service tion of radio servce among the several area as the application sought to be States and communities, then the FCC withdrawn, timely filed pursuant to 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 the community in which the station party to the agreement will be acted was proposed to be located, notice shall upon by the FCC less than 30 days from be published in such a weekly news- the last day of publication of the no- paper once a week for 3 consecutive tice specified in paragraph (b)(2) of this weeks within the 4-week period imme- section. Any applications for a broad- diately following the release of the cast station on the same frequency in FCC’s order. the same community, with substan- (ii) If no weekly newspaper of general tially the same engineering character- circulation is published in the commu- istics and proposing to serve substan- nity in which the station was proposed tially the same service area as the ap- to be located, notice shall be published plication sought to be withdrawn, filed at least twice a week for 2 consecutive within the 30-day period following the weeks within the 3-week period imme- last date of publication of the notice diately following the release of the (notwithstanding any provisions nor- FCC’s order in the daily newspaper mally requiring earlier filing of a com- having the greatest general circulation peting application), or otherwise time- in the community in which the station ly filed, will be entitled to comparative was proposed to be located. consideration with other pending mu- (3) The notice shall state the name of tually exclusive applications. If the ap- the applicant; the location, frequency plication of any party to which the new and power of the facilities proposed in application may be in conflict has been the application; the location of the sta- designated for hearing, any such new tion or stations proposed in the appli- application will be entitled to consoli- cations with which it is in conflict; the dation in the proceeding. fact that the applicant proposes to (c) Except where a joint request is withdraw the application; and the date filed pursuant to paragraph (a) of this upon which the last day of publication section, any applicant filing an amend- shall take place. ment pursuant to § 73.3522 (b)(1) and (c), (4) Such notice shall additionally in- or a request for dismissal pursuant to clude a statement that new applica- § 73.3568 (b)(1) and (c), which would re- tions for a broadcast station on the move a conflict with another pending same frequency, in the same commu- application; or a petition for leave to nity, with substantially the same engi- amend pursuant to § 73.3522(b)(2) which neering characteristics and proposing would permit a grant of the amended

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application or an application pre- ‘‘pending’’ before the FCC and a party viously in conflict with the amended shall be considered to have the status application; or a request for dismissal of an ‘‘applicant’’ from the time an ap- pursuant to § 73.3568(b)(2), shall file plication is filed with the FCC until an 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 section shall be executed by the appli- NOTE: Although § 74.780 of the Rules makes cant, permittee or licensee, if an indi- this section generally applicable to low vidual; a partner having personal power TV, TV translators, and TV booster knowledge of the facts, if a partner- stations, paragraph (b) of this section shall not be applicable to such stations. ship; or an officer having personal knowledge of the facts, if a corporation [56 FR 28097, June 19, 1991, as amended at 63 or association. FR 48624, Sept. 11, 1998] (g) Requests and affidavits which relate to an application which has not § 73.3526 Local public inspection file of been designated for hearing shall bear commercial stations. the file number of such application. If (a) Responsibility to maintain a file. the affiant is also an applicant, the af- The following shall maintain for public fidavit shall also bear the file number inspection a file containing the mate- of affiant’s pending application(s). Re- rial set forth in this section. quests and affidavits which relate to an (1) Applicants for a construction per- application which is designated for mit for a new station in the commer- hearing shall bear the file number of cial broadcast services shall maintain that application and the hearing dock- a public inspection file containing the et number and will be acted on by the material, relating to that station, de- presiding officer. scribed in paragraphs (e)(2) and (e)(10) (h) For the purposes of this section of this section. A separate file shall be an application shall be deemed to be maintained for each station for which

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an application is pending. If the appli- be retained at the station in the man- cation is granted, paragraph (a)(2) of ner discussed in paragraph (b)(1) of this this section shall apply. section; and the political file as re- (2) Every permittee or licensee of an quired by paragraph (e)(6) of this sec- AM, FM, TV or Class A TV station in tion, as discussed in paragraph (b)(3) of the commercial broadcast services this section. Any radio station not in shall maintain a public inspection file the top 50 Nielsen Audio markets, and containing the material, relating to any radio station with fewer than five that station, described in paragraphs full-time employees, shall continue to (e)(1) through (e)(10) and paragraph retain the public inspection file at the (e)(13) of this section. In addition, station in the manner discussed in every permittee or licensee of a com- paragraph (b)(1) of this section until mercial TV or Class A TV station shall March 1, 2018. However, any radio sta- maintain for public inspection a file tion that is not required to place its containing material, relating to that public inspection file in the online pub- station, described in paragraphs (e)(11) lic file hosted by the Commission be- and (e)(15) of this section, and every fore March 1, 2018 may choose to do so, permittee or licensee of a commercial instead of retaining the public inspec- AM or FM station shall maintain for tion file at the station in the manner public inspection a file containing the discussed in paragraph (b)(1) of this material, relating to that station, de- section. scribed in paragraphs (e)(12) and (e)(14) (ii) A station must provide a link to of this section. A separate file shall be the public inspection file hosted on the maintained for each station for which Commission’s Web site from the home an authorization is outstanding, and page of its own Web site, if the station the file shall be maintained so long as an authorization to operate the station has a Web site, and provide contact in- is outstanding. formation on its Web site for a station (b) Location of the file. The public in- representative that can assist any per- spection file shall be located as follows: son with disabilities with issues related (1) For radio licensees temporarily ex- to the content of the public files. A sta- empt from the online public file hosted tion also is required to include in the by the Commission, as discussed in online public file the station’s main paragraph (b)(2) of this section, a hard studio address and telephone number, copy of the public inspection file shall and the email address of the station’s be maintained at the main studio of designated contact for questions about the station, unless the licensee elects the public file. To the extent this sec- voluntarily to place the file online as tion refers to the local public inspec- discussed in paragraph (b)(2) of this tion file, it refers to the public file of section. For all licensees, letters and an individual station, which is either emails from the public, as required by maintained at the station or on the paragraph (e)(9) of this section, shall be Commission’s Web site, depending upon maintained at the main studio of the where the documents are required to be station. An applicant for a new station maintained under the Commission’s or change of community shall maintain rules. its file at an accessible place in the (3)(i) A licensee or applicant shall proposed community of license or at its place the contents required by para- proposed main studio. graph (e)(6) of this section of its polit- (2)(i) A television station licensee or ical inspection file in the online public applicant, and any radio station li- file hosted by the Commission. Polit- censee or applicant not temporarily ex- ical inspection file material already in empt as described in this paragraph, existence 30 days after the effective shall place the contents required by date of this provision, if not placed in paragraph (e) of this section of its pub- the online public file hosted by the lic inspection file in the online public Commission, shall continue to be re- file hosted by the Commission, with tained at the station in the manner the exception of letters and emails discussed in paragraph (b)(1) of this from the public as required by para- section until the end of its retention graph (e)(9) of this section, which shall period.

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(ii) Any television station not in the of the Equal Employment Opportunity top 50 DMAs, and any station not affili- file held by the Commission; ‘‘The Pub- ated with one of the top four broadcast lic and Broadcasting’’; Letters of In- networks, regardless of the size of the quiry and other investigative informa- market it serves, shall continue to re- tion requests from the Commission, un- tain the political file at the station in less otherwise directed by the inquiry the manner discussed in paragraph itself; Children’s television program- (b)(1) of this section until July 1, 2014. ming reports; and DTV transition edu- For these stations, effective July 1, cation reports. In the event that the 2014, any new political file material online public file does not reflect such shall be placed in the online file hosted required information, the licensee will by the Commission, while the material be responsible for posting such mate- in the political file as of July 1, 2014, if rial. not placed in the Commission’s Web (c) Access to material in the file. (1) The site, shall continue to be retained at file shall be available for public inspec- the station in the manner discussed in tion at any time during regular busi- paragraph (b)(1) of this section until ness hours. All or part of the file may the end of its retention period. How- be maintained in a computer database, ever, any station that is not required as long as a computer terminal is made to place its political file in the online available, at the location of the file, to file hosted by the Commission before members of the public who wish to re- July 1, 2014 may choose to do so, in- view the file. Material in the public instead of retaining the political file at spection file shall be made available the station in the manner discussed in for printing or machine reproduction paragraph (b)(1) of this section. upon request made in person. The ap- (iii) Any radio station not in the top plicant, permittee, or licensee may 50 Nielsen Audio markets, and any specify the location for printing or re- radio station with fewer than five full- production, require the requesting time employees, shall continue to re- party to pay the reasonable cost there- tain the political file at the station in of, and may require guarantee of pay- the manner discussed in paragraph ment in advance (e.g., by requiring a (b)(1) of this section until March 1, deposit, obtaining credit card informa- 2018. For these stations, effective tion, or any other reasonable method). March 1, 2018, any new political file Requests for copies shall be fulfilled material shall be placed in the online within a reasonable period of time, public file hosted by the Commission, which generally should not exceed 7 while the material already existing in days. the political file as of March 1, 2018, if (2) The applicant, permittee, or li- not placed in the online public file censee who maintains its main studio hosted by the Commission, shall con- and public file outside its community tinue to be retained at the station in of license shall: the manner discussed in paragraph (i) Make available to persons within (b)(1) of this section until the end of its its geographic service area, by mail retention period. However, any station upon telephone request, photocopies of that is not required to place its polit- documents in the file (see ical file on the Commission’s Web site § 73.3526(c)(1)), excluding the political before March 1, 2018, may choose to do file (see § 73.3526(e)(6)), and the station so, instead of retaining the political shall pay postage; file at the station in the manner dis- (ii) Mail the most recent version of cussed in paragraph (b)(1) of this sec- ‘‘The Public and Broadcasting’’ to any tion. member of the public that requests a (4) The Commission will automati- copy; and cally link the following items to the (iii) Be prepared to assist members of electronic version of all licensee and the public in identifying the documents applicant public inspection files, to the they may ask to be sent to them by extent that the Commission has these mail, for example, by describing to the items electronically: authorizations, caller, if asked, the period covered by a applications, contour maps; ownership particular report and the number of reports and related materials; portions pages included in the report.

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NOTE TO PARAGRAPH (c)(2): For purposes of until final action has been taken on this section, geographic service area includes the application, except that applica- the area within the Grade B contour for TV, tions for a new construction permit 1 mV/m contour for all FM station classes except .7 mV/m for Class B1 stations and .5 granted pursuant to a waiver showing mV/m for Class B stations, and .5 mV/m con- and applications for assignment or tour for AM stations. transfer of license granted pursuant to (d) Responsibility in case of assignment a waiver showing shall be retained for or transfer. (1) In cases involving appli- as long as the waiver is in effect. In ad- cations for consent to assignment of dition, license renewal applications broadcast station construction permits granted on a short-term basis shall be or licenses, with respect to which pub- retained until final action has been lic notice is required to be given under taken on the license renewal applica- the provisions of § 73.3580 or § 73.3594, tion filed immediately following the the file mentioned in paragraph (a) of shortened license term. this section shall be maintained by the (3) Citizen agreements. A copy of every assignor. If the assignment is con- written citizen agreement. These sented to by the FCC and con- agreements shall be retained for the summated, the assignee shall maintain term of the agreement, including any the file commencing with the date on renewal or extension thereof. which notice of the consummation of the assignment is filed with the FCC. NOTE TO PARAGRAPH (e)(3): For purposes of The assignee shall retain public file this section, a citizen agreement is a written documents obtained from the assignor agreement between a broadcast applicant, for the period required under these permittee, or licensee, and one or more citi- rules. zens or citizen groups, entered for primarily (2) In cases involving applications for noncommercial purposes. This definition in- consent to transfer of control of a per- cludes those agreements that deal with goals mittee or licensee of a broadcast sta- or proposed practices directly or indirectly tion, the file mentioned in paragraph affecting station operations in the public interest, in areas such as—but not limited to— (a) of this section shall be maintained programming and employment. It excludes by the permittee or licensee. common commercial agreements such as ad- (e) Contents of the file. The material vertising contracts; union, employment, and to be retained in the public inspection personal services contracts; network affili- file is as follows: ation, syndication, program supply con- (1) Authorization. A copy of the cur- tracts, etc. However, the mere inclusion of rent FCC authorization to construct or commercial terms in a primarily non- operate the station, as well as any commercial agreement—such as a provision other documents necessary to reflect for payment of fees for future services of the any modifications thereto or any con- citizen-parties (see ‘‘Report and Order,’’ ditions that the FCC has placed on the Docket 19518, 57 FCC 2d 494 (1976))—would not authorization. These materials shall be cause the agreement to be considered com- retained until replaced by a new au- mercial for purposes of this section. thorization, at which time a copy of (4) Contour maps. A copy of any serv- the new authorization and any related ice contour maps, submitted with any materials shall be placed in the file. application tendered for filing with the (2) Applications and related materials. FCC, together with any other informa- A copy of any application tendered for tion in the application showing service filing with the FCC, together with all contours and/or main studio and trans- related material, and copies of Initial Decisions and Final Decisions in hear- mitter location (State, county, city, ing cases pertaining thereto. If peti- street address, or other identifying in- tions to deny are filed against the ap- formation). These documents shall be plication and have been served on the retained for as long as they reflect cur- applicant, a statement that such a pe- rent, accurate information regarding tition has been filed shall be main- the station. tained in the file together with the (5) Ownership reports and related mate- name and address of the party filing rials. A copy of the most recent, com- the petition. Applications shall be re- plete ownership report filed with the tained in the public inspection file FCC for the station, together with any

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statements filed with the FCC certi- of e-mails may make the file available fying that the current report is accu- to the public either by providing the rate, and together with all related ma- public with access to a computer ter- terial. These materials shall be re- minal at the location of the public file, tained until a new, complete ownership or providing the public with a copy of report is filed with the FCC, at which such e-mails on computer diskette, time a copy of the new report and any upon request. In the case of identical related materials shall be placed in the communications, licensees and permit- file. The permittee or licensee must re- tees may retain one sample copy of the tain in the public file either a copy of letter or electronic mail message to- the contracts listed in such reports in gether with a list identifying other accordance with § 73.3615(a)(4)(i), or an parties who sent identical communica- up-to-date list of such contracts. Li- tions. censees or permittees who choose to re- (10) Material relating to FCC investiga- tain a list of contracts must provide a tion or complaint. Material having a copy of any contracts to requesting substantial bearing on a matter which parties within 7 days. is the subject of an FCC investigation (6) Political file. Such records as are or complaint to the FCC of which the required by § 73.1943 to be kept con- applicant, permittee, or licensee has cerning broadcasts by candidates for been advised. This material shall be re- public office. These records shall be retained until the applicant, permittee, tained for the period specified in or licensee is notified in writing that § 73.1943 (2 years). the material may be discarded. (7) Equal Employment Opportunity file. (11)(i) TV issues/programs lists. For Such information as is required by § 73.2080 to be kept in the public inspec- commercial TV and Class A broadcast tion file. These materials shall be re- stations, every three months a list of tained until final action has been programs that have provided the sta- taken on the station’s next license re- tion’s most significant treatment of newal application. community issues during the preceding (8) The public and broadcasting. At all three month period. The list for each times, a copy of the most recent calendar quarter is to be filed by the version of the manual entitled ‘‘The tenth day of the succeeding calendar Public and Broadcasting.’’ quarter (e.g., January 10 for the quar- (9) Letters and e-mail from the public. ter October—December, April 10 for the (i) All written comments and sugges- quarter January—March, etc.) The list tions received from the public regard- shall include a brief narrative describing operation of the station, unless the ing what issues were given significant letter writer has requested that the treatment and the programming that letter not be made public or when the provided this treatment. The descrip- licensee feels that it should be ex- tion of the programs shall include, but cluded from public inspection because shall not be limited to, the time, date, of the nature of its content, such as a duration, and title of each program in defamatory or obscene letter. Letters which the issue was treated. The lists and electronic mail messages shall be described in this paragraph shall be re- retained for a period of three years tained in the public inspection file from the date on which they are re- until final action has been taken on ceived by the licensee. the station’s next license renewal ap- (ii) For purposes of this section, writ- plication. ten comments and suggestions received (ii) Records concerning commercial lim- from the public include electronic mail its. For commercial TV and Class A TV messages transmitted via the internet broadcast stations, records sufficient to station management or an e-mail to permit substantiation of the sta- address publicized by the station. Per- tion’s certification, in its license re- sonal e-mail messages sent to station newal application, of compliance with employees need not be retained. Li- the commercial limits on children’s censees may retain e-mails either on programming established in 47 U.S.C. paper or in a computer file. Licensees 303a and 47 CFR 73.670. The records for who choose to maintain a computer file each calendar quarter must be filed by

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the tenth day of the succeeding cal- the succeeding calendar quarter. By endar quarter (e.g., January 10 for the this date, a copy of the Report for each quarter October-December, April 10 for quarter must be filed electronically the quarter January-March, etc.). using the Commission’s Consolidated These records shall be retained until DataBase System (CDBS). Stations final action has been taken on the sta- electing to conform to the require- tion’s next license renewal application. ments of § 73.674(b) must also provide (iii) Children’s television programming the form on the station’s public Web reports. For commercial TV broadcast site, if such exists. The Report shall be stations, both analog and digital, on a separated from other materials in the quarterly basis, a completed Children’s public inspection file. The first Report, Television Programming Report (‘‘Re- covering the first quarter of 2008, must port’’), on FCC Form 398, reflecting ef- be filed no later than April 10, 2008. The forts made by the licensee during the Reports must continue to be included preceding quarter, and efforts planned up to and including the quarter in for the next quarter, to serve the edu- which a station concludes its education cational and informational needs of campaign. These Reports shall be re- children. The Report for each quarter tained in the public inspection file for is to be placed in the public inspection one year. Licensees and permittees file by the tenth day of the succeeding shall publicize in an appropriate man- calendar quarter. By this date, a copy ner the existence and location of these of the Report for each quarter is also Reports. to be filed electronically with the FCC. (12) Radio issues/programs lists. For The Report shall identify the licensee’s commercial AM and FM broadcast sta- educational and informational pro- tions, every three months a list of programming efforts, including programs grams that have provided the station’s aired by the station that are specifi- most significant treatment of commu- cally designed to serve the educational nity issues during the preceding three and informational needs of children, month period. The list for each cal- and it shall explain how programs iden- endar quarter is to be filed by the tified as Core Programming meet the tenth day of the succeeding calendar definition set forth in § 73.671(c). The quarter (e.g., January 10 for the quar- Report shall include the name of the ter October—December, April 10 for the individual at the station responsible quarter January—March, etc.). The list for collecting comments on the sta- shall include a brief narrative describ- tion’s compliance with the Children’s ing what issues were given significant Television Act, and it shall be sepa- treatment and the programming that rated from other materials in the pub- provided this treatment. The descrip- lic inspection file. The Report shall tion of the programs shall include, but also identify the program guide pub- shall not be limited to, the time, date, lishers to which information regarding duration, and title of each program in the licensee’s educational and informa- which the issue was treated. The lists tional programming was provided as described in this paragraph shall be re- required in § 73.673, as well as the sta- tained in the public inspection file tion’s license renewal date. These Re- until final action has been taken on ports shall be retained in the public in- the station’s next license renewal ap- spection file until final action has been plication. taken on the station’s next license re- (13) Local public notice announcements. newal application. Licensees shall pub- Each applicant for renewal of license licize in an appropriate manner the ex- shall, within 7 days of the last day of istence and location of these Reports. broadcast of the local public notice of (iv) DTV transition education reports. filing announcements required pursu- For full-power commercial TV broad- ant to § 73.3580(h), place in the station’s cast stations, both analog and digital, local public inspection file a statement on a quarterly basis, a completed Form certifying compliance with this re- 388, DTV Consumer Education Quar- quirement. The dates and times that terly Activity Report. The Report for the pre-filing and post-filing notices each quarter is to be placed in the pub- were broadcast and the text thereof lic inspection file by the tenth day of shall be made part of the certifying

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statement. The certifying statement plication, report, or other document, which shall be retained in the public file for according to the provisions of §§ 0.451 the period specified in § 73.3580 (for as through 0.461 of this part are open for public long as the application to which it re- inspection at the offices of the FCC. fers). [63 FR 49497, Sept. 16, 1998, as amended at 63 (14) Radio and television time brokerage FR 70049, Dec. 18, 1998; 64 FR 35947, July 2, agreements. For commercial radio and 1999; 64 FR 50645, Sept. 17, 1999; 65 FR 7457, television stations, a copy of every Feb. 15, 2000; 65 FR 30006, May 10, 2000; 65 FR agreement or contract involving time 53614, Sept. 5, 2000; 65 FR 67288, Nov. 9, 2000; brokerage of the licensee’s station or of 70 FR 38, Jan. 3, 2005; 73 FR 15450, Mar. 24, another station by the licensee, wheth- 2008; 73 FR 36283, June 26, 2008; 76 FR 71269, Nov. 17, 2011; 77 FR 27655, May 11, 2012; 81 FR er the agreement involves stations in 10123, Feb. 29, 2016] the same markets or in differing markets, with confidential or proprietary § 73.3527 Local public inspection file of information redacted where appro- noncommercial educational sta- priate. These records shall be retained tions. as long as the contract or agreement is (a) Responsibility to maintain a file. in force. The following shall maintain for public (15) Must-carry or retransmission con- inspection a file containing the mate- sent election. Statements of a commercial television or Class A television rial set forth in this section. station’s election with respect to ei- (1) Applicants for a construction per- ther must-carry or re-transmission mit for a new station in the non- consent, as defined in §§ 76.64 and 76.1608 commercial educational broadcast of this chapter. These records shall be services shall maintain a public inspec- retained for the duration of the three tion file containing the material, relat- year election period to which the state- ing to that station, described in para- ment applies. graph (e)(2) and (e)(11) of this section. (16) Radio and television joint sales A separate file shall be maintained for agreements. For commercial radio and each station for which an application is commercial television stations, a copy pending. If the application is granted, of agreement for the joint sale of ad- paragraph (a)(2) of this section shall vertising time involving the station, apply. whether the agreement involves sta- (2) Every permittee or licensee of an tions in the same markets or in dif- AM, FM, or TV station in the non- fering markets, with confidential or commercial educational broadcast proprietary information redacted services shall maintain a public inspec- where appropriate. tion file containing the material, relat- (17) Class A TV continuing eligibility. ing to that station, described in para- Documentation sufficient to dem- graphs (e)(1) through (e)(11) of this sec- onstrate that the Class A television tion. In addition, every permittee or li- station is continuing to meet the eligi- censee of a noncommercial educational bility requirements set forth at TV station shall maintain for public § 73.6001. inspection a file containing material, NOTE 1 TO PARAGRAPH (e): For purposes of relating to that station, described in this section, action taken on an application paragraphs (e)(12) of this section. A tendered with the FCC becomes final when separate file shall be maintained for that action is no longer subject to reconsid- each station for which an authoriza- eration, review, or appeal either at the FCC tion is outstanding, and the file shall or in the courts. NOTE 2 TO PARAGRAPH (e): For purposes of be maintained so long as an authoriza- this section, the term ‘‘all related material’’ tion to operate the station is out- includes all exhibits, letters, and other docu- standing. ments tendered for filing with the FCC as (b) Location of the file. The public in- part of an application, report, or other docu- spection file shall be located as follows: ment, all amendments to the application, re- (1) For radio licensees, a hard copy of port, or other document, copies of all documents incorporated therein by reference and the public inspection file shall be not already maintained in the public inspec- maintained at the main studio of the tion file, and all correspondence between the station until March 1, 2018, except that, FCC and the applicant pertaining to the ap- as discussed in paragraph (b)(2)(ii) of

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this section, any radio station may vol- instead of retaining the public inspec- untarily place its public inspection file tion file at the station in the manner in the online public file hosted by the discussed in paragraph (b)(1). Commission before March 1, 2018, if it (iii) A station must provide a link to chooses to do so, instead of retaining the online public inspection file hosted the file at the station. An applicant for by the Commission from the home page a new station or change of community of its own Web site, if the station has shall maintain its file at an accessible a Web site, and provide contact infor- place in the proposed community of li- mation for a station representative on cense or at its proposed main studio. its Web site that can assist any person (2)(i) A noncommercial educational with disabilities with issues related to television station licensee or applicant the content of the public files. A sta- shall place the contents required by tion also is required to include in the paragraph (e) of this section of its pub- online public file hosted by the Com- lic inspection file in the online public mission the station’s main studio ad- file hosted by the Commission, with dress and telephone number, and the the exception of the political file as re- email address of the station’s des- quired by paragraph (e)(5) of this sec- ignated contact for questions about the tion, which may be retained at the sta- public file. To the extent this section tion in the manner discussed in para- refers to the local public inspection graph (b)(1) of this section until July 1, file, it refers to the public file of an in- 2014. Effective July 1, 2014, any new po- dividual station, which is either main- litical file material shall be placed in tained at the station or on the Com- the online public file hosted by the mission’s Web site, depending upon Commission, while the material in the where the documents are required to be political file as of July 1, 2014, if not maintained under the Commission’s placed in the Commission’s online pub- rules. lic file, shall continue to be retained at (3) The Commission will automati- the station in the manner discussed in cally link the following items to the paragraph (b)(1) of this section until electronic version of all licensee and the end of its retention period. How- applicant public inspection files, to the ever, any noncommercial educational extent that the Commission has these station that is not required to place its items electronically: Authorizations; political file in the online public file applications; contour maps; ownership hosted by the Commission before July reports and related materials; portions 1, 2014 may choose to do so instead of of the Equal Employment Opportunity retaining the political file at the sta- file held by the Commission; and ‘‘The tion in the manner discussed in para- Public and Broadcasting’’. graph (b)(1) of this section. (c) Access to material in the file. (1) The (ii) Beginning March 1, 2018, non- file shall be available for public inspec- commercial educational radio station tion at any time during regular busi- licensees and applicants shall place the ness hours. All or part of the file may contents required by paragraph (e) in be maintained in a computer database, the online public inspection file hosted as long as a computer terminal is made by the Commission. For these stations, available, at the location of the file, to effective March 1, 2018, any new polit- members of the public who wish to re- ical file material shall be placed in the view the file. Material in the public in- Commission’s online public file, while spection file shall be made available the material in the political file as of for printing or machine reproduction March 1, 2018, if not placed in the Com- upon request made in person. The ap- mission’s online public file, shall con- plicant, permittee, or licensee may tinue to be retained at the station in specify the location for printing or re- the manner discussed in paragraph production, require the requesting (b)(1) of this section until the end of its party to pay the reasonable cost there- retention period. However, any radio of, and may require guarantee of pay- station that is not required to place its ment in advance (e.g., by requiring a public inspection file in the online pub- deposit, obtaining credit card informa- lic file hosted by the Commission be- tion, or any other reasonable method). fore March 1, 2018, may choose to do so, Requests for copies shall be fulfilled

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within a reasonable period of time, (e) Contents of the file. The material which generally should not exceed 7 to be retained in the public inspection days. file is as follows: (2) The applicant, permittee, or li- (1) Authorization. A copy of the cur- censee who maintains its main studio rent FCC authorization to construct or and public file outside its community operate the station, as well as any of license shall: other documents necessary to reflect (i) Make available to persons within any modifications thereto or any con- its geographic service area, by mail ditions that the FCC has placed on the upon telephone request, photocopies of authorization. These materials shall be documents in the file (see retained until replaced by a new au- § 73.3527(c)(1)), excluding the political thorization, at which time a copy of file (see § 73.3527(e)(5)), and the station the new authorization and any related shall pay postage; materials shall be placed in the file. (ii) Mail the most recent version of (2) Applications and related materials. ‘‘The Public and Broadcasting’’ to any A copy of any application tendered for member of the public that requests a filing with the FCC, together with all copy; and related material, including supporting documentation of any points claimed (iii) Be prepared to assist members of in the application pursuant to § 73.7003, the public in identifying the documents and copies of FCC decisions pertaining they may ask to be sent to them by thereto. If petitions to deny are filed mail, for example, by describing to the against the application and have been caller, if asked, the period covered by a served on the applicant, a statement particular report and the number of that such a petition has been filed shall pages included in the report. be maintained in the file together with NOTE TO PARAGRAPH (c)(2): For purposes of the name and address of the party fil- this section, geographic service area includes ing the petition. Applications shall be the area within the protected service con- retained in the public inspection file tour in a particular service: Grade B contour until final action has been taken on for TV, 1 mVm contour for all FM station the application, except that applica- classes except .7 mV/m for Class B1 stations tions for a new construction permit and .5 mV/m for Class B stations, and .5 mV/ m contour for AM stations. granted pursuant to a waiver showing and applications for assignment or (d) Responsibility in case of assignment transfer of license granted pursuant to or transfer. (1) In cases involving appli- a waiver showing shall be retained for cations for consent to assignment of as long as the waiver is in effect. In ad- broadcast station construction permits dition, license renewal applications or licenses, with respect to which pub- granted on a short-term basis shall be lic notice is required to be given under retained until final action has been the provisions of § 73.3580 or § 73.3594, taken on the license renewal applica- the file mentioned in paragraph (a) of tion filed immediately following the this section shall be maintained by the shortened license term. assignor. If the assignment is con- (3) Contour maps. A copy of any serv- sented to by the FCC and con- ice contour maps, submitted with any summated, the assignee shall maintain application tendered for filing with the the file commencing with the date on FCC, together with any other informa- which notice of the consummation of tion in the application showing service the assignment is filed with the FCC. contours and/or main studio and trans- The assignee shall retain public file mitter location (State, county, city, documents obtained from the assignor street address, or other identifying infor the period required under these formation). These documents shall be rules. retained for as long as they reflect cur- (2) In cases involving applications for rent, accurate information regarding consent to transfer of control of a per- the station. mittee or licensee of a broadcast sta- (4) Ownership reports and related mate- tion, the file mentioned in paragraph rials. A copy of the most recent, com- (a) of this section shall be maintained plete ownership report filed with the by the permittee or licensee. FCC for the station, together with any

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subsequent statement filed with the taken on the station’s next license re- FCC certifying that the current report newal application. is accurate, and together with all re- (9) Donor lists. The lists of donors sup- lated material. These materials shall porting specific programs. These lists be retained until a new, complete own- shall be retained for two years from ership report is filed with the FCC, at the date of the broadcast of the specific which time a copy of the new report program supported. and any related materials shall be (10) Local public notice announcements. placed in the file. The permittee or li- Each applicant for renewal of license censee must retain in the public file ei- shall, within 7 days of the last day of ther a copy of the contracts listed in broadcast of the local public notice of such reports in accordance with filing announcements required pursu- § 73.3615(d)(3), or an up-to-date list of ant to § 73.3580(h), place in the station’s such contracts. Licensees and permit- local public inspection file a statement tees who choose to maintain a list of certifying compliance with this re- contracts must provide a copy of any quirement. The dates and times that contracts to requesting parties within the pre-filing and post-filing notices 7 days. were broadcast and the text thereof (5) Political file. Such records as are shall be made part of the certifying required by § 73.1943 to be kept con- statement. The certifying statement cerning broadcasts by candidates for shall be retained in the public file for public office. These records shall be re- the period specified in § 73.3580 (for as tained for the period specified in long as the application to which it re- § 73.1943 (2 years). fers). (11) Material relating to FCC investiga- (6) Equal Employment Opportunity file. tion or complaint. Material having a Such information as is required by substantial bearing on a matter which § 73.2080 to be kept in the public inspec- is the subject of an FCC investigation tion file. These materials shall be re- or complaint to the FCC of which the tained until final action has been applicant, permittee, or licensee has taken on the station’s next license re- been advised. This material shall be renewal application. tained until the applicant, permittee, (7) The Public and Broadcasting. At all or licensee is notified in writing that times, a copy of the most recent the material may be discarded. version of the manual entitled ‘‘The (12) Must-carry requests. Noncommer- Public and Broadcasting.’’ cial television stations requesting (8) Issues/Programs lists. For non- mandatory carriage on any cable sys- exempt noncommercial educational tem pursuant to §§ 76.56, 76.1614, 76.1620, broadcast stations, every three months and 76.1709 of this chapter shall place a a list of programs that have provided copy of such request in its public file the station’s most significant treat- and shall retain both the request and ment of community issues during the relevant correspondence for the dura- preceding three month period. The list tion of any period to which the request for each calendar quarter is to be filed applies. by the tenth day of the succeeding cal- (13) DTV transition education reports. endar quarter (e.g., January 10 for the For full-power noncommercial edu- quarter October–December, April 10 for cational TV broadcast stations, both the quarter January–March, etc.). The analog and digital, on a quarterly list shall include a brief narrative de- basis, a completed Form 388, DTV Con- scribing what issues were given signifi- sumer Education Quarterly Activity cant treatment and the programming Report. The Report for each quarter is that provided this treatment. The de- to be placed in the public inspection scription of the programs shall include, file by the tenth day of the succeeding but shall not be limited to, the time, calendar quarter. By this date, a copy date, duration, and title of each proof the Report for each quarter must be gram in which the issue was treated. filed electronically using the Commis- The lists described in this paragraph sion’s Consolidated DataBase System shall be retained in the public inspec- (CDBS). Stations electing to conform tion file until final action has been to the requirements of § 73.674(b) must

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also provide the form on the station’s (4) FCC Form 340, ‘‘Application for public Web site, if such exists. The Re- Authority to Construct or Make port shall be separated from other ma- Changes in a Noncommercial Edu- terials in the public inspection file. cational Broadcast Station.’’ The first Report, covering the first (5) FCC Form 346, ‘‘Application for quarter of 2008, must be filed no later Authority to Construct or Make than April 10, 2008. The Reports must Changes in a Low Power TV, TV Trans- continue to be included up to and in- lator or TV Booster Station.’’ cluding the quarter in which a station (6) FCC Form 349, ‘‘Application for concludes its education campaign. Authority to Construct or Make These Reports shall be retained in the Changes in an FM Translator or FM public inspection file for one year. Li- Booster Station.’’ censees and permittees shall publicize (7) FCC Form 318, ‘‘Application for in an appropriate manner the existence Construction Permit for a Low Power and location of these Reports. FM Broadcast Station.’’ (b) The filing of an application for NOTE 1 TO PARAGRAPH (e): For purposes of modification of construction permit this section, a decision made with respect to does not extend the expiration date of an application tendered with the FCC becomes final when that decision is no longer the construction permit. Extension of subject to reconsideration, review, or appeal the expiration date must be applied for either at the FCC or in the courts. on FCC Form 307, in accordance with NOTE 2 TO PARAGRAPH (e): For purposes of the provisions of § 73.3534. this section, the term ‘‘all related material’’ (c) In each application referred to in includes all exhibits, letters, and other docu- paragraph (a) of this section, the appli- ments tendered for filing with the FCC as cant will provide the Antenna Struc- part of an application, report, or other docu- ture Registration Number (FCC Form ment, all amendments to the application, re- 854R) of the antenna structure upon port, or other document, copies of all docu- which it will locate its proposed an- ments incorporated therein by reference and not already maintained in the public inspec- tenna. In the event the antenna struction file, and all correspondence between the ture does not already have a Registra- FCC and the applicant pertaining to the ap- tion Number, either the antenna struc- plication, report, or other document, which ture owner shall file FCC Form 854 according to the provisions of §§ 0.451 (‘‘Application for Antenna Structure through 0.461 of the rules are open for public Registration’’) in accordance with part inspection at the offices of the FCC. 17 of this chapter or the applicant shall [63 FR 49499, Sept. 16, 1998, as amended at 64 provide a detailed explanation why reg- FR 35947, July 2, 1999; 65 FR 7457, Feb. 15, istration and clearance of the antenna 2000; 65 FR 36378, June 8, 2000; 65 FR 53614, structure is not necessary. Sept. 5, 2000; 73 FR 15450, Mar. 24, 2008; 73 FR 36283, June 26, 2008; 76 FR 71269, Nov. 17, 2011; [44 FR 38494, July 2, 1979, as amended at 47 77 FR 27656, May 11, 2012; 81 FR 10123, Feb. 29, FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, 2016] 1984; 50 FR 40016, Oct. 1, 1985; 53 FR 36788, Sept. 22, 1988; 61 FR 4367, Feb. 6, 1996; 65 FR § 73.3533 Application for construction 7648, Feb. 15, 2000; 68 FR 12761, Mar. 17, 2003; permit or modification of construc- 69 FR 72043, Dec. 10, 2004] tion permit. § 73.3534 [Reserved] (a) Application for construction permit, or modification of a construction § 73.3536 Application for license to permit, for a new facility or change in cover construction permit. an existing facility is to be made on (a) The application for station li- the following forms: cense shall be filed by the permittee (1) FCC Form 301, ‘‘Application for pursuant to the requirements of Authority to Construct or Make § 73.1620 Program tests. Changes in an Existing Commercial (b) The following application forms Broadcast Station.’’ shall be used: (2) FCC Form 309, ‘‘Application for (1)(i) Form 302–AM for AM stations, Authority to Construct or Make ‘‘Application for New AM Station Changes in an Existing International Broadcast License.’’ or Experimental Broadcast Stations.’’ (ii) Form 302–FM for FM stations, (3) [Reserved] ‘‘Application for FM Station License.’’

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(iii) Form 302–TV for television sta- teristics of the antenna or antenna sys- tions, ‘‘Application for TV Station tem. Broadcast License.’’ (b) An informal application filed in (2) FCC Form 310, ‘‘Application for an accordance with § 73.3511 is to be used International or Experimental Broad- to obtain authority to make the fol- cast Station License.’’ lowing changes in the station author- (3) [Reserved] ization: (4) FCC Form 347, ‘‘Application for a (1) To modify or discontinue the ob- Low Power TV, TV Translator or TV struction marking or lighting of the Booster Station License.’’ antenna supporting structure where (5) FCC Form 350, ‘‘Application for an that specified on the station authoriza- FM Translator or FM Booster Station tion either differs from that specified License.’’ in 47 CFR 17, or is not appropriate for (6) FCC Form 319, ‘‘Application for a other reasons. Low Power FM Broadcast Station Li- (2) Relocation of a main studio out- cense.’’ side the principal community contour (c) Eligible low power television sta- may require the filing and approval of tions which have been granted a cer- a letter request for authority to make tificate of eligibility may file FCC this change prior to implementation. Form 302-CA, ‘‘Application for Class A See § 73.1125. Television Broadcast Station Construc- [44 FR 38495, July 2, 1979, as amended at 44 tion Permit Or License.’’ FR 69935, Dec. 5, 1979; 49 FR 4000, Feb. 1, 1984; [44 FR 38495, July 2, 1979, as amended at 49 52 FR 21685, June 9, 1987; 62 FR 51063, Sept. 30, FR 32582, Aug. 15, 1984; 50 FR 40016, Oct. 1, 1997; 66 FR 20758, Apr. 25, 2001] 1985; 51 FR 18451, May 20, 1986; 51 FR 32088, Sept. 9, 1986; 52 FR 31400, Aug. 20, 1987; 53 FR § 73.3539 Application for renewal of li- 36788, Sept. 22, 1988; 62 FR 51063, Sept. 30, cense. 1997; 65 FR 7648, Feb. 15, 2000; 65 FR 30007, (a) Unless otherwise directed by the May 10, 2000; 68 FR 12761, Mar. 17, 2003; 69 FR FCC, an application for renewal of li- 72043, Dec. 10, 2004] cense shall be filed not later than the first day of the fourth full calendar § 73.3537 Application for license to use former main antenna as an auxil- month prior to the expiration date of iary. the license sought to be renewed, except that applications for renewal of li- See § 73.1675, Auxiliary facility. cense of an experimental broadcast sta- [62 FR 51063, Sept. 30, 1997] tion shall be filed not later than the first day of the second full calendar § 73.3538 Application to make changes month prior to the expiration date of in an existing station. the license sought to be renewed. If any Where prior authority is required deadline prescribed in this paragraph from the FCC to make changes in an falls on a nonbusiness day, the cutoff existing station, the following proce- shall be the close of business of the dures shall be used to request that au- first full business day thereafter. thority: (b) No application for renewal of li- (a) An application for construction cense of any broadcast station will be permit using the forms listed in considered unless there is on file with § 73.3533 must be filed for authority to: the FCC the information currently re- (1) Make any of the changes listed in quired by §§ 73.3612 through 73.3615, in- § 73.1690(b). clusive, for the particular class of sta- (2) Change the hours of operation of tion. an AM station, where the hours of op- (c) Whenever the FCC regards an ap- eration are specified on the license or plication for a renewal of license as es- permit. sential to the proper conduct of a hear- (3) Install a transmitter which has ing or investigation, and specifically not been approved (type accepted) by directs that it be filed by a date cer- the FCC for use by licensed broadcast tain, such application shall be filed stations. within the time thus specified. If the li- (4) Any change in the location, censee fails to file such application height, or directional radiating charac- within the prescribed time, the hearing

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or investigation shall proceed as if fecting any substantial change in the such renewal application had been re- disposition of their interests; ceived. (3) Assignment or transfer by which (d) Renewal application forms titles certain stockholders retire and the in- and numbers are listed in § 73.3500, Ap- terest transferred is not a controlling plication and Report Forms. one; (4) Corporate reorganization which [44 FR 38495, July 2, 1979, as amended at 47 involves no substantial change in the FR 28388, June 30, 1982; 49 FR 32582, Aug. 15, beneficial ownership of the corpora- 1984] tion; § 73.3540 Application for voluntary as- (5) Assignment or transfer from a signment or transfer of control. corporation to a wholly owned subsidiary thereof or vice versa, or where (a) Prior consent of the FCC must be there is an assignment from a corpora- obtained for a voluntary assignment or tion to a corporation owned or con- transfer of control. trolled by the assignor stockholders (b) Application should be filed with without substantial change in their in- the FCC at least 45 days prior to the terests; or contemplated effective date of assign- (6) Assignment of less than a control- ment or transfer of control. ling interest in a partnership. (c) Application for consent to the as- [44 FR 38496, July 2, 1979, as amended at 48 signment of construction permit or li- FR 21486, May 12, 1983; 49 FR 47843, Dec. 7, cense must be filed on FCC Form 314 1984; 50 FR 32416, Aug. 12, 1985] ‘‘Assignment of license’’ or FCC Form 316 ‘‘Short form’’ (See paragraph (f) of § 73.3541 Application for involuntary this section). assignment of license or transfer of (d) Application for consent to the control. transfer of control of a corporation (a) The FCC shall be notified in writ- holding a construction permit or li- ing promptly of the death or legal dis- cense must be filed on FCC Form 315 ability of an individual permittee or li- ‘‘Transfer of Control’’ or FCC Form 316 censee, a member of a partnership, or a ‘‘Short form’’ (see paragraph (f) of this person directly or indirectly in control section). of a corporation which is a permittee (e) Application for consent to the as- or licensee. signment of construction permit or li- (b) Within 30 days after the occur- cense or to the transfer of control of a rence of such death or legal disability, corporate licensee or permittee for an an application on FCC Form 316 shall FM or TV translator station, a low be filed requesting consent to involun- power TV station and any associated tary assignment of such permit or li- auxiliary station, such as translator cense or for involuntary transfer of microwave relay stations and UHF control of such corporation to a person translator booster stations, only must or entity legally qualified to succeed to be filed on FCC Form 345 ‘‘Application the foregoing interests under the laws for Transfer of Control of Corporate Li- of the place having jurisdiction over censee or Permittee, or Assignment of the estate involved. License or Permit for an FM or TV [44 FR 38496, July 2, 1979] translator Station, or a Low Power TV Station.’’ § 73.3542 Application for emergency (f) The following assignment or authorization. transfer applications may be filed on (a) Authority may be granted, on a FCC ‘‘Short form’’ 316: temporary basis, in extraordinary cir- (1) Assignment from an individual or cumstances requiring emergency oper- individuals (including partnerships) to ation to serve the public interest. such a corporation owned and controlled by situations include: emergencies involv- such individuals or partnerships with- ing danger to life and property; a na- out any substantial change in their rel- tional emergency proclaimed by the ative interests; President or the Congress of the U.S.A (2) Assignment from a corporation to and; the continuance of any war in its individual stockholders without ef- which the United States is engaged,

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and where such action is necessary for celled or modified by the FCC without the national defense or security or oth- prior notice or right to hearing. See erwise in furtherance of the war effort. also § 73.1250, Broadcasting Emergency (1) An informal application may be Information, for situations in which used. The FCC may grant such con- emergency operation may be conducted struction permits, station licenses, without prior authorization, and modifications or renewals thereof, § 73.1635, Special Temporary Authoriza- without the filing of a formal application (STA), for temporary operating tion. authorizations necessitated by cir- (2) No authorization so granted shall cumstances not within the ambit of continue to be effective beyond the pe- this section. riod of the emergency or war requiring [50 FR 30948, July 31, 1985, as amended at 63 it. FR 33878, June 22, 1998] (3) Each individual request submitted under the provisions of this paragraph § 73.3543 Application for renewal or shall contain, as a minimum require- modification of special service au- ment, the following information: thorization. (i) Name and address of applicant. (a) No new special service authoriza- (ii) Location of proposed installation tion will be issued. However, consider- or operation. ation will be given to renewal or modi- (iii) Official call letters of any valid fication of a special service authoriza- station authorization already held by tion which was outstanding on Feb- applicant and the station location. ruary 3, 1958, providing a satisfactory (iv) Type of service desired (not re- showing has been made in regard to the quired for renewal or modification un- following, among others: less class of station is to be modified). (1) That the requested operation may (v) Frequency assignment, authorized not be granted on a regular basis under transmitter power(s), authorized the existing rules governing the oper- class(es) of emission desired (not re- ation of AM stations; quired for renewal; required for modi- (2) That experimental operation is fication only to the extent such infor- not involved as provided for by § 73.1510 mation may be involved). (Experimental authorizations); and (vi) Equipment to be used, specifying (3) That public interest, convenience the manufacturer and type or model and necessity will be served by the au- number (not required for renewal; re- thorization requested. quired for modification only to the ex- [44 FR 38496, July 2, 1979] tent such information may be involved). § 73.3544 Application to obtain a modi- (vii) Statements to the extent nec- fied station license. essary for the FCC to determine wheth- Where prior authority from the FCC er or not the granting of the desired is not required to make certain authorization will be in accordance changes in the station authorization or with the citizenship eligibility require- facilities, but a modified station li- ments of section 310 of the cense must be obtained, the following Cummunications Act. procedures shall be used to obtain (viii) Statement of facts which, in modification of the station license: the opinion of the applicant, constitute (a) The changes specified in an emergency to be found by the FCC § 73.1690(c) may be made by the filing of for the purpose of this section. This a license application using the forms statement must also include the esti- listed in § 73.3536(b)(1). mated duration of the emergency and if (b) An informal application, see during an emergency or war declared § 73.3511(b), may be filed with the FCC by the President or Congress, why such in Washington, DC, Attention: Audio action, without formal application, is Division (radio) or Video Services Divi- necessary for the national defense or sion (television), Media Bureau, to security or in furtherance of the war cover the following changes: effort. (1) A correction of the routing in- (b) Emergency operating authority structions and description of an AM issued under this section may be can- station directional antenna system

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field monitoring point, when the point formation as to when and what steps itself is not changed. were taken to repair or replace the de- (2) A change in the type of AM sta- fective equipment and a brief description directional antenna monitor. See tion of the alternative procedures § 73.69. being used while the equipment is out (3) A change in the location of the of service. station main studio when prior authority to move the main studio location is [67 FR 13233, Mar. 21, 2002] not required. § 73.3550 Requests for new or modified (4) The location of a remote control call sign assignments. point of an AM or FM station when prior authority to operate by remote (a) All requests for new or modified control is not required. call sign assignments for radio and tel- (c) A change in the name of the li- evision broadcast stations shall be censee where no change in ownership made via the FCC’s on-line call sign or control is involved may be accom- reservation and authorization system plished by written notification by the accessible through the Internet’s World licensee to the Commission. Wide Web by specifying http:// www.fcc.gov. Licensees and permittees [44 FR 38497, July 2, 1979, as amended at 45 may utilize this on-line system to de- FR 20483, Mar. 28, 1980; 50 FR 32416, Aug. 12, 1985; 62 FR 51063, Sept. 30, 1997; 63 FR 33878, termine the availability and licensing June 22, 1998; 67 FR 13232, Mar. 21, 2002] status of any call sign; to select an initial call sign for a new station; to § 73.3545 Application for permit to de- change a station’s currently assigned liver programs to foreign stations. call sign; to modify an existing call Application under section 325(c) of sign by adding or deleting an ‘‘-FM’’ or the Communications Act for authority ‘‘-TV’’ suffix; to exchange call signs to locate, use, or maintain a broadcast with another licensee or permittee in studio in connection with a foreign sta- the same service; or to reserve a dif- tion consistently received in the ferent call sign for a station being United States, should be made on FCC transferred or assigned. Form 308, ‘‘Application for Permit to (b) No request for an initial call sign Deliver Programs to Foreign Broadcast assignment will be accepted from a Stations.’’ An informal application permittee for a new radio or full-serv- may be used by applicants holding an ice television station until the FCC has AM, FM or TV broadcast station li- granted a construction permit. Each cense or construction permit. Informal such permittee shall request the as- applications must, however, contain a signment of its station’s initial call description of the nature and character sign expeditiously following the grant of the programming proposed, together of its construction permit. All initial with other information requested on construction permits for low power TV Page 4 of Form 308. stations will be issued with a five-character low power TV call sign, in ac- [44 FR 38497, July 2, 1979, as amended at 58 cordance with § 74.783(d) of this chap- FR 51250, Oct. 1, 1993] ter. § 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

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a station whose existing call sign con- under part 74 of this chapter (except as forms to that of a commonly-owned provided in § 74.783). station not part of the transaction, the (j) A change in call sign assignment new licensee of the transferred or as- will be made effective on the date spec- signed station shall expeditiously re- ified in the postcard acknowledging the quest a different call sign, unless con- assignment of the requested new call sent to retain the conforming call sign sign and authorizing the change. Un- has been obtained from the primary less the requested change in call sign holder and from the licensee of any assignment is subject to a pending other station that may be using such transfer or assignment application, the conforming call sign. requester is required to include in its (e) Call signs beginning with the let- on-line call sign request a specific ef- ter ‘‘K’’ will not be assigned to stations fective date to take place within 45 located east of the Mississippi River, days of the submission of its electronic nor will call signs beginning with the call sign request. Postponement of the letter ‘‘W’’ be assigned to stations lo- effective date will be granted only in cated west of the Mississippi River. response to a timely request and for (f) Only four-letter call signs (plus an only the most compelling reasons. LP, FM, TV or CA suffix, if used) will (k) Four-letter combinations com- be assigned. The four letter call sign mencing with ‘‘W’’ or ‘‘K’’ which are for LPFM stations will be followed by assigned as call signs to ships or to the suffix ‘‘-LP.’’ However, subject to other radio services are not available the other provisions of this section, a for assignment to broadcast stations, call sign of a station may be conformed with or without the ‘‘-FM’’ or ‘‘-TV’’ to a commonly owned station holding a suffix. three-letter call assignment (plus FM, (l) Users of nonlicensed, low-power TV, CA or LP suffixes, if used). devices operating under part 15 of this (g) Subject to the foregoing limita- chapter may use whatever identifica- tions, applicants may request call signs tion is currently desired, so long as of their choice if the combination is propriety is observed and no confusion available. Objections to the assignment results with a station for which the of requested call signs will not be en- FCC issues a license. tertained at the FCC. However, this (m) Where a requested call sign, does not hamper any party from assert- without the ‘‘-FM,’ ‘‘-TV,’’ ‘‘-CA’’ or ing such rights as it may have under ‘‘LP’’ suffix, would conform to the call private law in some other forum. sign of any other non-commonly owned Should it be determined by an appro- station(s) operating in a different serv- priate forum that a station should not ice, an applicant utilizing the on-line utilize a particular call sign, the initial reservation and authorization system assignment of a call sign will not serve will be required to certify that consent as a bar to the making of a different to use the secondary call sign has been assignment. obtained from the holder of the primary call sign. (h) Stations in different broadcast services (or operating jointly in the [63 FR 71603, Dec. 29, 1998, as amended at 65 535–1605 kHz band and in the 1605–1705 FR 30007, May 10, 2000] kHz band) which are under common control may request that their call § 73.3555 Multiple ownership. signs be conformed by the assignment (a)(1) Local radio ownership rule. A of the same basic call sign if that call person or single entity (or entities sign is not being used by a non-com- under common control) may have a monly owned station. For the purposes cognizable interest in licenses for AM of this paragraph, 50% or greater com- or FM radio broadcast stations in ac- mon ownership shall constitute a cordance with the following limits: prima facie showing of common con- (i) In a radio market with 45 or more trol. full-power, commercial and non- (i) The provisions of this section commercial radio stations, not more shall not apply to International broad- than 8 commercial radio stations in cast stations or to stations authorized total and not more than 5 commercial

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stations in the same service (AM or which the communities of license of FM); the TV stations in question are lo- (ii) In a radio market with between 30 cated. Count only those stations the and 44 (inclusive) full-power, commer- Grade B signal contours of which over- cial and noncommercial radio stations, lap with the Grade B signal contour of not more than 7 commercial radio sta- at least one of the stations in the pro- tions in total and not more than 4 composed combination. In areas where mercial stations in the same service there is no Nielsen DMA, count the TV (AM or FM); stations present in an area that would (iii) In a radio market with between be the functional equivalent of a TV 15 and 29 (inclusive) full-power, com- market. Count only those TV stations mercial and noncommercial radio sta- the Grade B signal contours of which tions, not more than 6 commercial overlap with the Grade B signal con- radio stations in total and not more tour of at least one of the stations in than 4 commercial stations in the same the proposed combination. service (AM or FM); and (2) [Reserved] (iv) In a radio market with 14 or (c) Radio-television cross-ownership fewer full-power, commercial and non- rule—(1) This rule is triggered when: (i) commercial radio stations, not more The predicted or measured 1 mV/m con- than 5 commercial radio stations in tour of an existing or proposed FM sta- total and not more than 3 commercial tion (computed in accordance with stations in the same service (AM or § 73.313) encompasses the entire com- FM); provided, however, that no person munity of license of an existing or pro- or single entity (or entities under composed commonly owned TV broadcast mon control) may have a cognizable in- station(s), or the Grade A contour(s) of terest in more than 50% of the full- the TV broadcast station(s) (computed power, commercial and noncommercial in accordance with § 73.684) encom- radio stations in such market unless passes the entire community of license the combination of stations comprises of the FM station; or not more than one AM and one FM station. (ii) The predicted or measured 2 mV/ (2) Overlap between two stations in m groundwave contour of an existing different services is permissible if nei- or proposed AM station (computed in ther of those two stations overlaps a accordance with § 73.183 or § 73.386), en- third station in the same service. compasses the entire community of li- (b) Local television multiple ownership cense of an existing or proposed com- rule. An entity may directly or indi- monly owned TV broadcast station(s), rectly own, operate, or control two tel- or the Grade A contour(s) of the TV evision stations licensed in the same broadcast station(s) (computed in ac- Designated Market Area (DMA) (as de- cordance with § 73.684) encompass(es) termined by Nielsen Media Research or the entire community of license of the any successor entity) only under one or AM station. more of the following conditions: (2) An entity may directly or indi- (1) The Grade B contours of the sta- rectly own, operate, or control up to tions (as determined by § 73.684) do not two commercial TV stations (if per- overlap; or mitted by paragraph (b) of this section, (i) At the time the application to ac- the local television multiple ownership quire or construct the station(s) is rule) and 1 commercial radio station filed, at least one of the stations is not situated as described in paragraph ranked among the top four stations in (c)(1) of this section. An entity may the DMA, based on the most recent all- not exceed these numbers, except as day (9 a.m.-midnight) audience share, follows: as measured by Nielsen Media Research (i) If at least 20 independently owned or by any comparable professional, ac- media voices would remain in the mar- cepted audience ratings service; and ket post-merger, an entity can directly (ii) At least 8 independently owned or indirectly own, operate, or control and operating, full-power commercial up to: and noncommercial TV stations would (A) Two commercial TV and six com- remain post-merger in the DMA in mercial radio stations (to the extent

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permitted by paragraph (a) of this sec- functional equivalent of a radio mar- tion, the local radio multiple owner- ket. ship rule); or (iii) Newspapers: Newspapers that are (B) One commercial TV and seven published at least four days a week commercial radio stations (to the ex- within the TV station’s DMA in the tent that an entity would be permitted dominant language of the market and to own two commercial TV and six that have a circulation exceeding 5% of commercial radio stations under para- the households in the DMA; and graph (c)(2)(i)(A) of this section, and to (iv) One cable system: if cable tele- the extent permitted by paragraph (a) vision is generally available to house- of this section, the local radio multiple holds in the DMA. Cable television ownership rule). counts as only one voice in the DMA, (ii) If at least 10 independently owned regardless of how many individual media voices would remain in the mar- cable systems operate in the DMA. ket post-merger, an entity can directly (d) Daily newspaper cross-ownership or indirectly own, operate, or control rule. (1) No license for an AM, FM or up to two commercial TV and four TV broadcast station shall be granted commercial radio stations (to the ex- to any party (including all parties tent permitted by paragraph (a) of this under common control) if such party section, the local radio multiple owner- directly or indirectly owns, operates or ship rule). controls a daily newspaper and the (3) To determine how many media grant of such license will result in: voices would remain in the market, (i) The predicted or measured 2 mV/m count the following: contour of an AM station, computed in accordance with § 73.183 or § 73.186, en- (i) TV stations: independently owned compassing the entire community in and operating full-power broadcast TV which such newspaper is published; or stations within the DMA of the TV sta- (ii) The predicted 1 mV/m contour for tion’s (or stations’) community (or an FM station, computed in accordance communities) of license that have with § 73.313, encompassing the entire Grade B signal contours that overlap community in which such newspaper is with the Grade B signal contour(s) of published; or the TV station(s) at issue; (iii) The Grade A contour of a TV sta- (ii) (A)( ) Independ- Radio stations: 1 tion, computed in accordance with ently owned operating primary broad- § 73.684, encompassing the entire com- cast radio stations that are in the munity in which such newspaper is radio metro market (as defined by published. Arbitron or another nationally recog- (2) Paragraph (d)(1) of this section nized audience rating service) of: shall not apply in cases where the Com- (i) The TV station’s (or stations’) mission makes a finding pursuant to community (or communities) of li- Section 310(d) of the Communications cense; or Act that the public interest, conven- (ii) The radio station’s (or stations’) ience, and necessity would be served by community (or communities) of li- permitting an entity that owns, oper- cense; and ates or controls a daily newspaper to (2) Independently owned out-of-mar- own, operate or control an AM, FM, or ket broadcast radio stations with a TV broadcast station whose relevant minimum share as reported by contour encompasses the entire com- Arbitron or another nationally recog- munity in which such newspaper is nized audience rating service. published as set forth in paragraph (B) When a proposed combination in- (d)(1) of this section. volves stations in different radio mar- (3) In making a finding under para- kets, the voice requirement must be graph (d)(2) of this section, there shall met in each market; the radio stations be a presumption that it is not incon- of different radio metro markets may sistent with the public interest, con- not be counted together. venience, and necessity for an entity to (C) In areas where there is no radio own, operate or control a daily news- metro market, count the radio stations paper in a top 20 Nielsen DMA and one present in an area that would be the commercial AM, FM or TV broadcast

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station whose relevant contour encom- (d)(4) of this section with respect to the passes the entire community in which combination of a major newspaper and such newspaper is published as set a television station, the applicant must forth in paragraph (d)(1) of this section, show by clear and convincing evidence provided that, with respect to a com- that the co-owned major newspaper bination including a commercial TV and station will increase the diversity station, of independent news outlets and in- (i) The station is not ranked among crease competition among independent the top four TV stations in the DMA, news sources in the market, and the based on the most recent all-day (9 factors set forth above in paragraph a.m.-midnight) audience share, as (d)(5) of this section will inform this measured by Nielsen Media Research or decision. by any comparable professional, ac- (7) The negative presumption set cepted audience ratings service; and forth in paragraph (d)(4) of this section (ii) At least 8 independently owned shall be reversed under the following and operating major media voices two circumstances: would remain in the DMA in which the (i) The newspaper or broadcast sta- community of license of the TV station tion is failed or failing; or in question is located (for purposes of (ii) The combination is with a broad- this provision major media voices in- cast station that was not offering local clude full-power TV broadcast stations newscasts prior to the combination, and major newspapers). and the station will initiate at least (4) In making a finding under para- seven hours per week of local news pro- graph (d)(2) of this section, there shall gramming after the combination. be a presumption that it is incon- (e) National television multiple owner- sistent with the public interest, con- ship rule. (1) No license for a commer- venience, and necessity for an entity to cial television broadcast station shall own, operate or control a daily news- be granted, transferred or assigned to paper and an AM, FM or TV broadcast any party (including all parties under station whose relevant contour encom- common control) if the grant, transfer passes the entire community in which or assignment of such license would re- such newspaper is published as set sult in such party or any of its stock- forth in paragraph (d)(1) of this section holders, partners, members, officers or in a DMA other than the top 20 Nielsen directors having a cognizable interest DMAs or in any circumstance not cov- in television stations which have an ered under paragraph (d)(3) of this sec- aggregate national audience reach ex- tion. ceeding thirty-nine (39) percent. (5) In making a finding under para- (2) For purposes of this paragraph (e): graph (d)(2) of this section, the Com- (i) National audience reach means mission shall consider: the total number of television house- (i) Whether the combined entity will holds in the Nielsen Designated Market significantly increase the amount of Areas (DMAs) in which the relevant local news in the market; stations are located divided by the (ii) Whether the newspaper and the total national television households as broadcast outlets each will continue to measured by DMA data at the time of employ its own staff and each will ex- a grant, transfer, or assignment of a li- ercise its own independent news judg- cense. For purposes of making this cal- ment; culation, UHF television stations shall (iii) The level of concentration in the be attributed with 50 percent of the tel- Nielsen Designated Market Area evision households in their DMA mar- (DMA); and ket. (iv) The financial condition of the (ii) No market shall be counted more newspaper or broadcast station, and if than once in making this calculation. the newspaper or broadcast station is (3) Divestiture. A person or entity that in financial distress, the proposed own- exceeds the thirty-nine (39) percent na- er’s commitment to invest signifi- tional audience reach limitation for cantly in newsroom operations. television stations in paragraph (e)(1) (6) In order to overcome the negative of this section through grant, transfer, presumption set forth in paragraph or assignment of an additional license

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for a commercial television broadcast ownership chain and application of the rel- station shall have not more than 2 evant attribution benchmark to the result- years after exceeding such limitation ing product, except that wherever the owner- to come into compliance with such ship percentage for any link in the chain exceeds 50%, it shall not be included for pur- limitation. This divestiture require- poses of this multiplication. For purposes of ment shall not apply to persons or en- paragraph i. of this note, attribution of own- tities that exceed the 39 percent na- ership interests in a broadcast licensee, tional audience reach limitation cable television system or daily newspaper through population growth. that are held indirectly by any party (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 each link in the vertical ownership chain and cial educational TV stations. However, 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 × 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

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partnership and the licensee or system so to its primary business. The officers and di- certifies. An interest in a Limited Liability rectors of a parent company of a broadcast Company (‘‘LLC’’) or Registered Limited Li- licensee, cable television system or daily ability Partnership (‘‘RLLP’’) shall be at- newspaper, with an attributable interest in tributed to the interest holder unless that any such subsidiary entity, shall be deemed interest holder is not materially involved, to have a cognizable interest in the sub- directly or indirectly, in the management or sidiary unless the duties and responsibilities operation of the media-related activities of of the officer or director involved are wholly the partnership and the licensee or system so unrelated to the broadcast licensee, cable certifies. television system or daily newspaper sub- 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 adequate insulation for purposes of this certifi- 3. The sum of the interests computed under cation are described in the Memorandum paragraph h. 1. of this note plus the sum of Opinion and Order in MM Docket No. 83–46, the interests computed under paragraph h. 2. FCC 85–252 (released June 24, 1985), as modi- of this note is equal to or exceeds 20 percent. fied on reconsideration in the Memorandum i.1. Notwithstanding paragraphs e. and f. of Opinion and Order in MM Docket No. 83–46, this Note, the holder of an equity or debt in- 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

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defined by reference to the definition con- cluding all parties under common control) tained in the local television multiple own- with a cognizable interest in one such sta- ership rule contained in paragraph (b) of this tion brokers more than 15 percent of the section. broadcast time per week of the other such 2. Notwithstanding paragraph i.1. of this station, that party shall be treated as if it Note, the interest holder may exceed the 33 has an interest in the brokered station sub- percent threshold therein without triggering ject to the limitations set forth in para- attribution where holding such interest graphs (b), (c), (d) and (e) of this section. would enable an eligible entity to acquire a This limitation shall apply regardless of the broadcast station, provided that: source of the brokered programming sup- i. The combined equity and debt of the in- plied by the party to the brokered station. terest holder in the eligible entity is less 3. Every time brokerage agreement of the than 50 percent, or 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 supplies the programming to fill that time and 2. Where two television stations are both sells the commercial spot announcements in located in the same market, as defined for it. purposes of the local television ownership 1. Where two radio stations are both lo- rule contained in paragraph (b) of this sec- cated in the same market, as defined for pur- tion, and a party (including all parties under poses of the local radio ownership rule con- common control) with a cognizable interest tained in paragraph (a) of this section, and a in one such station sells more than 15 per- party (including all parties under common cent of the advertising time per week of the control) with a cognizable interest in one other such station, that party shall be treat- such station brokers more than 15 percent of ed as if it has an interest in the brokered the broadcast time per week of the other station subject to the limitations set forth such station, that party shall be treated as if in paragraphs (b), (c), (d), and (e) of this sec- it has an interest in the brokered station tion. subject to the limitations set forth in para- 3. Every joint sales agreement of the type graphs (a), (c), and (d) of this section. This described in this Note shall be undertaken limitation shall apply regardless of the only pursuant to a signed written agreement source of the brokered programming sup- that shall contain a certification by the li- plied by the party to the brokered station. censee or permittee of the brokered station 2. Where two television stations are both verifying that it maintains ultimate control located in the same market, as defined in the over the station’s facilities, including, spe- local television ownership rule contained in cifically, control over station finances, per- paragraph (b) of this section, and a party (in- sonnel and programming, and by the

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brokering station that the agreement com- newspaper, or the community of license of a plies with the limitations set forth in para- commonly owned, operated, or controlled graphs (b), (c), and (d) of this section if the AM or FM broadcast station, or the commu- brokering station is a television station or nity of license of which is completely encom- with paragraphs (a), (c), and (d) of this sec- passed by the 2 mV/m contour of such AM tion if the brokering station is a radio sta- broadcast station or the 1 mV/m contour of tion. such FM broadcast station, may subse- NOTE 3 TO § 73.3555: In cases where record quently become a ‘‘non-satellite’’ station and beneficial ownership of voting stock is under the circumstances described in the not identical (e.g., bank nominees holding aforementioned Report and Order in MM stock as record owners for the benefit of mu- Docket No. 87–8. However, such commonly tual funds, brokerage houses holding stock owned, operated, or controlled ‘‘non-sat- in street names for the benefit of customers, ellite’’ television stations and AM or FM sta- investment advisors holding stock in their tions with the aforementioned community own names for the benefit of clients, and in- encompassment, may not be transferred or surance companies holding stock), the party assigned to a single person, group, or entity having the right to determine how the stock except as provided in Note 4 of this section. will be voted will be considered to own it for Nor shall any application for assignment or purposes of these rules. transfer concerning such ‘‘non-satellite’’ sta- NOTE 4 TO § 73.3555: Paragraphs (a) through tions be granted if the assignment or trans- (d) of this section will not be applied so as to fer would be to the same person, group or en- require divestiture, by any licensee, of exist- tity to which the commonly owned, oper- ing facilities, and will not apply to applica- ated, or controlled newspaper is proposed to tions for assignment of license or transfer of be transferred, except as provided in Note 4 control filed in accordance with § 73.3540(f) or of this section. § 73.3541(b), or to applications for assignment NOTE 6 TO § 73.3555: For purposes of this sec- of license or transfer of control to heirs or tion a daily newspaper is one which is pub- legatees by will or intestacy, if no new or in- lished four or more days per week, which is creased concentration of ownership would be in the dominant language in the market, and created among commonly owned, operated or which is circulated generally in the commu- controlled media properties. Paragraphs (a) nity of publication. A college newspaper is through (d) of this section will apply to all not considered as being circulated generally. applications for new stations, to all other ap- NOTE 7 TO § 73.3555: The Commission will plications for assignment or transfer, to all entertain applications to waive the restric- applications for major changes to existing tions in paragraph (b) and (c) of this section stations, and to applications for minor (the local television ownership rule and the changes to existing stations that implement radio/television cross-ownership rule) on a an approved change in an FM radio station’s case-by-case basis. In each case, we will re- community of license or create new or in- quire a showing that the in-market buyer is creased concentration of ownership among the only entity ready, willing, and able to commonly owned, operated or controlled operate the station, that sale to an out-of- media properties. Commonly owned, oper- market applicant would result in an artifi- ated or controlled media properties that do cially depressed price, and that the waiver not comply with paragraphs (a) through (d) applicant does not already directly or indi- of this section may not be assigned or trans- rectly own, operate, or control interest in ferred to a single person, group or entity, ex- two television stations within the relevant cept as provided in this Note or in the Re- DMA. One way to satisfy these criteria port and Order in Docket No. 02–277, released would be to provide an affidavit from an July 2, 2003 (FCC 02–127). independent broker affirming that active NOTE 5 TO § 73.3555: Paragraphs (b) through and serious efforts have been made to sell (e) of this section will not be applied to cases the permit, and that no reasonable offer involving television stations that are ‘‘sat- from an entity outside the market has been ellite’’ operations. Such cases will be consid- received. ered in accordance with the analysis set We will entertain waiver requests as fol- forth in the Report and Order in MM Docket lows: No. 87–8, FCC 91–182 (released July 8, 1991), in 1. If one of the broadcast stations involved order to determine whether common owner- is a ‘‘failed’’ station that has not been in op- ship, operation, or control of the stations in eration due to financial distress for at least question would be in the public interest. An four consecutive months immediately prior authorized and operating ‘‘satellite’’ tele- to the application, or is a debtor in an invol- vision station, the Grade B contour of which untary bankruptcy or insolvency proceeding overlaps that of a commonly owned, oper- at the time of the application. ated, or controlled ‘‘non-satellite’’ parent 2. For paragraph (b) of this section only, if television broadcast station, or the Grade A one of the television stations involved is a contour of which completely encompasses ‘‘failing’’ station that has an all-day audi- the community of publication of a com- ence share of no more than four per cent; the monly owned, operated, or controlled daily station has had negative cash flow for three

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consecutive years immediately prior to the in its average broadcast week to pro- application; and consolidation of the two grams that duplicate those of any sta- stations would result in tangible and tion in the same service (AM or FM) verifiable public interest benefits that out- which is commonly owned or with weigh any harm to competition and diversity. which it has a time brokerage agree- 3. For paragraph (b) of this section only, if ment if the principal community con- the combination will result in the construc- tours (predicted or measured 5 mV/m tion of an unbuilt station. The permittee of groundwave for AM stations and pre- the unbuilt station must demonstrate that it dicted 3.16 mV/m for FM stations) of has made reasonable efforts to construct but the stations overlap and the overlap has been unable to do so. constitutes more than 50 percent of the NOTE 8 TO § 73.3555: Paragraph (a)(1) of this section will not apply to an application for total principal community contour an AM station license in the 535–1605 kHz service area of either station. band where grant of such application will re- (b) For purposes of this section, du- sult in the overlap of 5 mV/m groundwave plication means the broadcasting of contours of the proposed station and that of identical programs within any 24 hour another AM station in the 535–1605 kHz band period. that is commonly owned, operated or controlled if the applicant shows that a signifi- (c) Any party engaged in a time bro- cant reduction in interference to adjacent or kerage arrangement which conflicts co-channel stations would accompany such with the requirements of paragraph (a) common ownership. Such AM overlap cases of this section on September 16, 1992, will be considered on a case-by-case basis to shall bring that arrangement into com- determine whether common ownership, oper- pliance within one year thereafter. ation or control of the stations in question would be in the public interest. Applicants in [57 FR 18093, Apr. 29, 1992, as amended at 57 such cases must submit a contingent appli- FR 42706, Sept. 16, 1992] cation of the major or minor facilities change needed to achieve the interference re- EFFECTIVE DATE NOTE: At 57 FR 18093, Apr. duction along with the application which 29, 1992, § 73.3556 was added, effective Aug. 1, seeks to create the 5 mV/m overlap situa- 1992. At 57 FR 35763, Aug. 11, 1992, the effec- tion. tive date was deferred pending action by the agency. At 57 FR 37888, Aug. 21, 1992, the ef- NOTE 9 TO § 73.3555: Paragraph (a)(1) of this fective date was further deferred. At 57 FR section will not apply to an application for 42706, Sept. 16, 1992, paragraph (a) was revised an AM station license in the 1605–1705 kHz and paragraph (c) was added, effective Sept. band where grant of such application will re- 16, 1992. sult in the overlap of the 5 mV/m groundwave contours of the proposed station and that of another AM station in the 535– § 73.3561 Staff consideration of appli- 1605 kHz band that is commonly owned, oper- cations requiring Commission ac- ated or controlled. Paragraphs (d)(1)(i) and tion. (d)(1)(ii) of this section will not apply to an Upon acceptance of an application, application for an AM station license in the the complete file is reviewed by the 1605–1705 kHz band by an entity that owns, staff and, except where the application operates, controls or has a cognizable interest in AM radio stations in the 535–1605 kHz is acted upon by the staff pursuant to band. delegation of authority, a report con- NOTE 10 TO § 73.3555: Authority for joint taining the recommendations of the ownership granted pursuant to Note 9 will staff and any other documents required expire at 3 a.m. local time on the fifth anni- is prepared and placed on the Commis- versary for the date of issuance of a con- sion’s agenda. struction permit for an AM radio station in the 1605–1705 kHz band. [44 FR 38499, July 2, 1979] [73 FR 9487, Feb. 21, 2008, as amended at 73 FR 28369, May 16, 2008; 75 FR 27199, May 14, § 73.3562 Staff consideration of appli- 2010; 79 FR 29006, May 20, 2014] cations not requiring action by the Commission. § 73.3556 Duplication of programming Those applications which do not re- on commonly owned or time bro- quire action by the Commission but kered stations. which, pursuant to the delegations of (a) No commercial AM or FM radio authority set forth in subpart B of part station shall operate so as to devote 0 of this chapter, may be acted upon by more than 25 percent of the total hours the Chief, Media Bureau, are forwarded

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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 complete are accepted for filing and filing merely means that it has been are given file numbers. In the case of the subject of a preliminary review by minor defects as to completeness, a de- the FCC’s administrative staff as to ficiency letter will be issued and the completeness. Such acceptance will not applicant will be required to supply the preclude the subsequent dismissal of missing or corrective information. Ap- the application if it is found to be pat- plications that are not substantially ently not in accordance with the FCC’s complete will not be considered and rules. will be returned to the applicant. (c) At regular intervals, the FCC will (2) In the case of minor modifications issue a Public Notice listing all long of facilities in the non-reserved FM form applications which have been ac- band, applications will be placed on cepted for filing. Pursuant to public notice if they meet the fol- §§ 73.3571(h), 73.3572, and 73.3573(f), such lowing two-tiered minimum filing re- notice shall establish a cut-off date for quirements as initially filed in first- the filing of petitions to deny. With re- come/first-serve proceedings: spect to reserved band FM applica- (i) The application must include: tions, the Public Notice shall also es- (A) Applicant’s name and address, tablish a cut-off date for the filing of (B) Applicant’s signature, mutually exclusive applications pursu- (C) Principal community, ant to § 73.3573(e). However, no applica- (D) Channel or frequency, tion will be accepted for filing unless (E) Class of station, and certification of compliance with the (F) Transmitter site coordinates; and (ii) The application must not omit local notice requirements of § 73.3580(h) more than three of the following sec- has been made in the tendered applica- ond-tier items: tion. (A) A list of the other media inter- (d) The FCC will specify by Public ests of the applicant and its principals, Notice, pursuant to § 73.5002, a period (B) Certification of compliance with for filing applications for new stations the alien ownership provisions con- or for major modifications in the facili- tained in 47 U.S.C. 310(b), ties of an existing station. Except for (C) Tower/antenna heights, reserved band FM stations and TV sta- (D) Effective radiated power, tions on reserved noncommercial edu- (E) Whether the antenna is direc- cational channels, applications for new tional or omnidirectional, and and major modifications in facilities

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will be accepted only during these win- § 73.3568 Dismissal of applications. dow filing periods specified by the (a) (1) Failure to prosecute an appli- Commission. cation, or failure to respond to official (e) Applications for minor modifica- correspondence or request for addition of facilities may be tendered at tional information, will be cause for any time, unless restricted by the FCC. dismissal. These applications will be processed on (2) Applicants in all broadcast serv- a ‘‘first come/first served’’ basis and ices subject to competitive bidding will will be treated as simultaneously ten- be subject to the provisions of §§ 73.5002 dered if filed on the same day. Any ap- and 1.2105(b) regarding the dismissal of plications received after the filing of a their short-form applications. lead application will be grouped ac- (3) Applicants in all broadcast serv- cording to filing date, and placed in a ices subject to competitive bidding will queue behind the lead applicant. The be subject to the provisions of §§ 73.5004, FCC will periodically release a Public 73.5005 and 1.2104(g) regarding the dis- Notice listing those minor modifica- missal of their long-form applications tion of facilities applications accepted and the imposition of applicable with- for filing. drawal, default and disqualification (f) If a non-reserved band FM channel payments. allotment becomes vacant, after the (b)(1) Subject to the provisions of grant of a construction permit becomes § 73.3525, dismissal of applications for final, because of a lapsed construction channels reserved for noncommercial permit or for any other reason, the educational use will be without preju- FCC will, by Public Notice, announce a dice where an application has not yet subsequent filing window for the ac- been designated for hearing, but may ceptance of new applications for such be made with prejudice after designa- channels. tion for hearing. (g) Applications for operation in the (2) Subject to the provisions of 1605–1705 kHz band will be accepted § 73.3525, requests to dismiss an applica- only if filed pursuant to the terms of tion for a channel reserved for non- § 73.30(b). commercial educational use, without prejudice, after it has been designated [63 FR 48624, Sept. 11, 1998, as amended at 64 for hearing, will be considered only FR 56978, Oct. 22, 1999; 67 FR 13233, Mar. 21, 2002] upon written petition properly served upon all parties of record. Such re- § 73.3566 Defective applications. quests shall be granted only upon a showing that the request is based on (a) Applications which are deter- circumstances wholly beyond the appli- mined to be patently not in accordance cant’s control which preclude further with the FCC rules, regulations, or prosecution of his application. other requirements, unless accom- (c) Subject to the provisions of panied by an appropriate request for §§ 73.3523 and 73.3525, any application waiver, will be considered defective and for minor modification of facilities will not be accepted for filing or if in- may, upon request of the applicant, be advertently accepted for filing will be dismissed without prejudice as a mat- dismissed. Requests for waiver shall ter of right. show the nature of the waiver or excep- (d) An applicant’s request for the re- tion desired and shall set forth the rea- turn of an application that has been ac- sons in support thereof. cepted for filing will be regarded as a (b) If an applicant is requested by the request for dismissal. FCC to file any additional documents or information not included in the pre- [63 FR 48624, Sept. 11, 1998] scribed application form, a failure to § 73.3571 Processing of AM broadcast comply with such request will be station applications. deemed to render the application defec- (a) Applications for AM broadcast fa- tive, and such application will be dis- cilities are divided into three groups. missed. (1) In the first group are applications [44 FR 38499, July 2, 1979] for new stations or for major changes

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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 stations. changes. (3) The third group consists of appli- (4) The following special procedures cations for operation in the 1605–1705 will be followed in authorizing Class II- kHz band which are filed subsequent to D daytime-only stations on 940 and 1550 FCC notification that allotments have kHz, and Class III daytime-only sta- been awarded to petitioners under the tions on the 41 regional channels listed procedure specified in § 73.30. in § 73.26(a), to operate unlimited-time. (b)(1) The FCC may, after acceptance (i) Each eligible daytime-only station of an application for modification of fa- in the foregoing categories will receive cilities, advise the applicant that such an Order to Show Cause why its license application is considered to be one for should not be modified to specify oper- a major change and therefore is subject ation during nighttime hours with the to the provisions of §§ 73.3522, 73.3580 facilities it is licensed to start using at and 1.1111 of this chapter pertaining to local sunrise, using the power stated in major changes. Such major modifica- the Order to Show Cause, that the tion applications will be dismissed as Commission finds is the highest night- set forth in paragraph (h)(1)(i) of this time level—not exceeding 0.5 kW—at section. which the station could operate with- (2) An amendment to an application out causing prohibited interference to which would effect a major change, as other domestic or foreign stations, or defined in paragraph (a)(1) of this sec- to co-channel or adjacent channel station, will not be accepted except as tions for which pending applications provided for in paragraph (h)(1)(i) of were filed before December 1, 1987. this section. (ii) Stations accepting such modifica- (c) An application for changes in the tion shall be reclassified. Those author- facilities of an existing station will ized in such Show Cause Orders to op- continue to carry the same file number erate during nighttime hours with a even though (pursuant to FCC ap- power of 0.25 kW or more, or with a proval) an assignment of license or power that, although less than 0.25 kW, transfer of control of said licensee or is sufficient to enable them to attain permittee has taken place if, upon con- RMS field strengths of 141 mV/m or summation, the application is amended more at 1 kilometer, shall be redesig- to reflect the new ownership. nated as Class II-B stations if they are (d) If, upon examination, the FCC assigned to 940 or 1550 kHz, and as un- finds that the public interest, conven- limited-time Class III stations if they ience and necessity will be served by are assigned to regional channels.

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(iii) Stations accepting such modi- queue ripen only upon a final deter- fication that are authorized to operate mination that the lead applicant is un- during nighttime hours at powers less acceptable and if the queue member is than 0.25 kW, and that cannot with reached and found acceptable. The such powers attain RMS field strengths queue will remain behind the lead ap- of 141 mV/m or more at 1 kilometer, plicant until a construction permit is shall be redesignated as Class II-S sta- finally granted, at which time the tions if they are assigned to 940 or 1550 queue dissolves. kHz, and as Class III-S stations if they (g) Applications for change of license are assigned to regional channels. to change hours of operation of a Class (iv) Applications for new stations C AM broadcast station, to decrease may be filed at any time on 940 and hours of operation of any other class of 1550 kHz and on the regional channels. station, or to change station location Also, stations assigned to 940 or 1550 involving no change in transmitter site kHz, or to the regional channels, may will be considered without reference to at any time, regardless of their classi- the processing line. fications, apply for power increases up (h) Processing new and major AM to the maximum generally permitted. broadcast station applications. (1)(i) The Such applications for new or changed FCC will specify by Public Notice, pur- facilities will be granted without tak- suant to § 73.5002, a period for filing AM ing into account interference caused to applications for a new station or for Class II-S or Class III-S stations, but major modifications in the facilities of will be required to show interference an authorized station. AM applications protection to other classes of stations, for new facilities or for major modi- including stations that were previously fications, whether for commercial classified as Class II-S or Class III-S, broadcast stations or noncommercial but were later reclassified as Class II-B educational broadcast stations, as de- or Class III unlimited-time stations as scribed in 47 U.S.C. 397(6), will be ac- a result of subsequent facilities modi- cepted only during these specified peri- fications that permitted power in- ods. Applications submitted prior to creases qualifying them to discontinue the appropriate filing period or ‘‘win- their ‘‘S’’ subclassification. dow’’ opening date identified in the (f) Applications for minor modifica- Public Notice will be returned as pre- tions for AM broadcast stations, as de- mature. Applications submitted after fined in paragraph (a)(2) of this section, the specified deadline will be dismissed may be filed at any time, unless re- with prejudice as untimely. stricted by the FCC, and will be proc- (ii)(A) Such AM applicants will be essed on a ‘‘first come/first served’’ subject to the provisions of §§ 1.2105 of basis, with the first acceptable applica- this chapter and 73.5002 regarding the tion cutting off the filing rights of sub- submission of the short-form applica- sequent, conflicting applicants. The tion, FCC Form 175, and all appropriate FCC will periodically release a Public certifications, information and exhib- Notice listing those applications ac- its contained therein. Applications cepted for filing. Applications received must include the following engineering on the same day will be treated as si- data: multaneously filed and, if they are (1) Community of license; found to be mutually exclusive, must (2) Frequency; be resolved through settlement or technical amendment. Conflicting applica- (3) Class; tions received after the filing of a first (4) Hours of operations (day, night, acceptable application will be grouped, critical hours); according to filing date, behind the (5) Power (day, night, critical hours); lead application in a queue. The pri- (6) Antenna location (day, night, crit- ority rights of the lead applicant, ical hours); and against all other applicants, are deter- (7) All other antenna data. mined by the date of filing, but the fil- (B) Applications lacking data (in- ing date for subsequent, conflicting ap- cluding any form of placeholder, such plicants only reserves a place in the as inapposite use of ‘‘0’’ or ‘‘not appli- queue. The rights of an applicant in a cable’’ or an abbreviation thereof) in

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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 applications and setting a deadline for the (3) After the close of the filing win- submission of curative amendments. dow, the FCC will also release a Public An application listed on that Public Notice identifying any short-form ap- Notice may be amended only to the ex- plications received which are found to tent directly related to an identified be non-mutually exclusive, including deficiency in the application. The any applications for noncommercial amendment may modify the proposed educational broadcast stations, as de- power, class (within the limits set scribed in 47 U.S.C. 397(6). All non-mu- forth in § 73.21 of the rules), antenna lo- tually exclusive applicants will be re- cation or antenna data, but not the quired to submit an appropriate long proposed community of license or fre- form application within 30 days of the quency. Except as set forth in the pre- Public Notice and, for applicants for ceding two sentences, amendments to commercial broadcast stations, pursu- short-form (FCC Form 175) applications ant to the provisions of § 73.5005(d). will not be accepted at any time. Appli- Non-mutually exclusive applications cations that remain technically ineli- for commercial broadcast stations will gible after the close of this amendment be processed and the FCC will periodi- period will be dismissed, and the staff cally release a Public Notice listing will determine which remaining appli- such non-mutually exclusive applica- cations are mutually exclusive. The en- tions determined to be acceptable for gineering proposals in eligible applica- filing and announcing a date by which tions remaining after the close of the petitions to deny must be filed in ac- amendment period will be protected cordance with the provisions of from subsequently filed applications. §§ 73.5006 and 73.3584. Non-mutually ex- Determinations as to the acceptability clusive applications for noncommercial or grantability of an applicant’s pro- educational broadcast stations, as de- posal will not be made prior to an auc- scribed in 47 U.S.C. 397(6), will be proc- tion. essed and the FCC will periodically re- (iii) AM applicants will be subject to lease a Public Notice listing such non- the provisions of §§ 1.2105 and 73.5002 re- mutually exclusive applications deter- garding the modification and dismissal mined to be acceptable for filing and of their short-form applications. announcing a date by which petitions (2) Subsequently, the FCC will re- to deny must be filed in accordance lease Public Notices: with the provisions of §§ 73.7004 and (i) Identifying the short-form appli- 73.3584. If the applicant is duly quali- cations received during the window fil- fied, and upon examination, the FCC

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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 re- mit 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 and the FCC will periodically release a (1) The applicant must attach an ex- Public Notice listing such applications hibit to its application containing in- that have been accepted for filing and formation demonstrating that the pro- announcing a date by which petitions posed community of license change to deny must be filed in accordance constitutes a preferential arrangement with the provisions of §§ 73.5006 and of assignments under Section 307(b) of 73.3584. Construction permits will be the Communications Act of 1934, as granted by the Commission only after amended (47 U.S.C. 307(b)); full and timely payment of winning (2) The daytime facilities specified by bids and any applicable late fees, and if the applicant at the proposed commu- the applicant is duly qualified, and nity of license must be mutually exclu- upon examination, the FCC finds that sive, as defined in § 73.37, with the ap- the public interest, convenience and plicant’s current daytime facilities; necessity will be served. and (iii) All long-form applications will (3) Notwithstanding the provisions of be cutoff as of the date of filing with § 73.3580(a), the applicant must comply the FCC and will be protected from with the local public notice provisions subsequently filed long-form applica- of §§ 73.3580(c)(3), 73.3580(d)(3), and tions. Applications will be required to 73.3580(f). The exception contained in protect all previously filed commercial § 73.3580(e) shall not apply to an appli- and noncommercial applications. Sub- cation proposing to change the commu- ject to the restrictions set forth in nity of license of an AM station. paragraph (k) of this section, winning (k)(1) An AM applicant receiving a bidders filing long-form applications dispositive Section 307(b) preference is

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required to construct and operate tech- § 73.3572 Processing of TV broadcast, nical facilities substantially as pro- Class A TV broadcast, low power posed in its FCC Form 175. An AM ap- TV, TV translators, and TV booster plicant, licensee, or permittee receiv- applications. ing a dispositive Section 307(b) pref- (a) Applications for TV stations are erence based on its proposed service to divided into two groups: underserved populations (under Pri- (1) In the first group are applications ority (1), Priority (2), and Priority (4)) for new stations or major changes in or service totals (under Priority (4)) the facilities of authorized stations. A may modify its facilities so long as it major change for TV broadcast sta- continues to provide the same priority tions authorized under this part is any service to substantially the same num- change in frequency or community of ber of persons who would have received license which is in accord with a service under the initial proposal, even present allotment contained in the if the population is not the same popu- Table of Allotments (§ 73.606). Other relation that would have received such quests for change in frequency or com- service under the initial proposal. For munity of license for TV broadcast sta- purposes of this provision, ‘‘substan- tions must first be submitted in the tially’’ means that any proposed modi- form of a petition for rulemaking to fication must not result in a decrease amend the Table of Allotments. of more than 20 percent of any popu- (2) In the case of Class A TV stations lation figure that was a material factor authorized under subpart J of this part in obtaining the dispositive Section and low power TV, TV translator, and 307(b) preference. TV booster stations authorized under (2) An AM applicant, licensee, or per- part 74 of this chapter, a major change mittee that has received a dispositive is any change in: preference under Priority (3) will be (i) Frequency (output channel), ex- prohibited from changing its commu- cept a change in offset carrier fre- nity of license. quency; or (3) The restrictions set forth in para- (ii) Transmitting antenna location graphs (k)(1) and (k)(2) of this section where the protected contour resulting will be applied for a period of four from the change is not predicted to years of on-air operations. This holding overlap any portion of the protected period does not apply to construction contour based on the station’s author- permits that are awarded on a non- ized facilities. comparative basis, such as those (3) Other changes will be considered awarded to non-mutually exclusive ap- minor; provided, until October 1, 2000, plicants or through settlement. proposed changes to the facilities of NOTE TO § 73.3571: For purposes of para- Class A TV, low power TV, TV trans- graph (h)(1)(ii) of this section, § 73.182(k) in- lator and TV booster stations, other terference standards apply when determining than a change in frequency, will be nighttime mutual exclusivity between appli- considered minor only if the change(s) cations to provide AM service that are filed will not increase the signal range of in the same window. Two applications would the Class A TV, low power TV or TV be deemed to be mutually exclusive if either booster in any horizontal direction. application would be subject to dismissal because it would enter into, i.e., raise, the (4) The following provisions apply to twenty-five percent exclusion RSS nighttime displaced Class A TV, low power TV, limit of the other. TV translator and TV booster stations: (i) In the case of an authorized low [63 FR 48625, Sept. 11, 1998, as amended at 64 FR 19501, Apr. 21, 1999; 67 FR 45374, July 9, power TV, TV translator or TV booster 2002; 68 FR 26227, May 15, 2003; 71 FR 6228, which is predicted to cause or receive Feb. 7, 2006; 71 FR 76219, Dec. 20, 2006; 75 FR interference to or from an authorized 9806, Mar. 4, 2010; 76 FR 18952, Apr. 6, 2011] TV broadcast station pursuant to § 74.705 of this chapter or interference with broadcast or other services under

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§ 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: channels 52–69 prior to the August 2000 (1) Stations on UHF channels: 265 km filing window. (162 miles) (iii) A Class A TV station which is (2) Stations on VHF channels 2–6: 280 causing or receiving interference or is km (171 miles) predicted to cause or receive inter- (3) Stations on VHF channels 7–13: 260 ference to or from an authorized TV km (159 miles) broadcast station pursuant to § 73.6011 (B) Engineering showings of pre- or § 73.613; a DTV station or allotment dicted interference may also be sub- pursuant to § 73.6013 or § 73.623, or which mitted to justify the need for displace- is located within the distances speci- ment relief. fied below in paragraph (iv) of this sec- (v) Provided further, that the FCC tion to the coordinates of co-channel may, within 15 days after acceptance of DTV authorizations (or allotment table any other application for modification coordinates if there are no authorized of facilities, advise the applicant that facilities at different coordinates); or such application is considered to be one

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

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

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(d) If, upon examination, the FCC priate filing period or ‘‘window.’’ Appli- finds that the public interest, conven- cations submitted prior to the window ience and necessity will be served by opening date identified in the Public the granting of an application for FM Notice will be returned as premature. broadcast facilities, the same will be Applications submitted after the speci- granted. If the FCC is unable to make fied deadline will be dismissed with such a finding and it appears that a prejudice as untimely. hearing may be required, the procedure (3) Concurrently with the filing of a given in § 73.3593 will be followed. In the new or major modification application case of mutually exclusive applications for a reserved noncommercial edu- for reserved channels, the procedures cational channel, the applicant shall in subpart K of this part will be fol- submit to the FCC’s public reference lowed. In the case of mutually exclu- room and to a local public inspection sive applications for unreserved chan- file consistent with § 73.3527(e)(2), sup- nels, the procedures in subpart I of this porting documentation of points part will be followed. claimed, as described in the application (e) Processing reserved channel FM form. broadcast station applications. (1) Appli- (4) Timely filed applications for new cations for minor modifications for re- facilities or for major modifications for served channel FM broadcast stations, reserved FM channels will be processed as defined in paragraph (a)(2) of this pursuant to the procedures set forth in section, may be filed at any time, un- subpart K of this part (§ 73.7000 et seq.) less restricted by the FCC, and will be Subsequently, the FCC will release processed on a ‘‘first come/first served’’ Public Notices identifying: mutually basis, with the first acceptable applica- exclusive groups of applications; appli- tion cutting off the filing rights of sub- cations selected pursuant to the fair sequent, competing applicants. The distribution procedures set forth in FCC will periodically release a Public § 73.7002; applications received during Notice listing those applications ac- the window filing period which are cepted for filing. Conflicting applica- found to be non-mutually exclusive; tions received on the same day will be tentative selectees determined pursu- treated as simultaneously filed and ant to the point system procedures set mutually exclusive. Conflicting appli- forth in § 73.7003; and acceptable applications received after the filing of the cations. The Public Notices will also first acceptable application will be announce: additional procedures to be grouped, according to filing date, be- followed for certain groups of applica- hind the lead application in the queue. tions; deadlines for filing additional in- The priority rights of the lead appli- formation; and dates by which peti- cant, against all other applicants, are tions to deny must be filed in accord- determined by the date of filing, but ance with the provisions of § 73.3584. If the filing date for subsequent con- the applicant is duly qualified, and flicting applicants only reserves a upon examination, the FCC finds that place in the queue. The right of an ap- the public interest, convenience and plicant in a queue ripens only upon a necessity will be served by the grant- final determination that the lead appli- ing of the application, it will be grant- cant is unacceptable and that the ed. If an application is determined un- queue member is reached and found ac- acceptable for filing, the application ceptable. The queue will remain behind will be returned, and subject to the the lead applicant until the construc- amendment requirements of § 73.3522. tion permit is finally granted, at which (f) Processing non-reserved FM broad- time the queue dissolves. cast station applications. (1) Applica- (2) The FCC will specify by Public tions for minor modifications for non- Notice a period for filing reserved reserved FM broadcast stations, as de- channel FM applications for a new sta- fined in paragraph (a)(2) of this section, tion or for major modifications in the may be filed at any time, unless re- facilities of an authorized station. FM stricted by the FCC, and, generally, reserved channel applications for new will be processed in the order in which facilities or for major modifications they are tendered. The FCC will peri- will be accepted only during the appro- odically release a Public Notice listing

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those applications accepted for filing. nical acceptability, but will be pro- Processing of these applications will be tected from subsequently filed applica- on a ‘‘first come/first serve’’ basis with tions as a full-class facility as of the the first acceptable application cutting close of the window filing period. De- off the filing rights of subsequent ap- terminations as to the acceptability or plicants. All applications received on grantability of an applicant’s proposal the same day will be treated as simul- will not be made prior to an auction. taneously tendered and, if they are (iii) FM applicants will be subject to found to be mutually exclusive, must the provisions of §§ 1.2105 and 73.5002(c) be resolved through settlement or tech- regarding the modification and dis- nical amendment. Applications re- missal of their short-form applications. ceived after the tender of a lead appli- (3) Subsequently, the FCC will re- cation will be grouped, according to fil- lease Public Notices: ing date, behind the lead application in (i) Identifying the short-form appli- a queue. The priority rights of the lead cations received during the window fil- applicant, as against all other appli- ing period which are found to be mutu- cants, are determined by the date of ally exclusive, including any applica- filing, but the filing date for subse- tions for noncommercial educational quent applicants for that channel and broadcast stations, as described in 47 community only reserves a place in the U.S.C. 397(6), as well as the procedures queue. The rights of an applicant in a the FCC will use to resolve the mutu- queue ripen only upon a final deter- ally exclusive applications; mination that the lead applicant is unacceptable and if the queue member is (ii) Establishing a date, time and reached and found acceptable. The place for an auction; queue will remain behind the lead ap- (iii) Providing information regarding plicant until a construction permit is the methodology of competitive bid- finally granted, at which time the ding to be used in the upcoming auc- queue dissolves. tion, bid submission and payment pro- (2)(i) The FCC will specify by Public cedures, upfront payment procedures, Notice, pursuant to § 73.5002(a), a period upfront payment deadlines, minimum for filing non-reserved band FM appli- opening bid requirements and applica- cations for a new station or for major ble reserve prices in accordance with modifications in the facilities of an au- the provisions of § 73.5002; thorized station. FM applications for (iv) Identifying applicants who have new facilities or for major modifica- submitted timely upfront payments tions, whether for commercial broad- and, thus, are qualified to bid in the cast stations or noncommercial edu- auction. cational broadcast stations, as de- (4) If, after the close of the appro- scribed in 47 U.S.C. 397(6), will be ac- priate window filing period, a non-re- cepted only during the appropriate fil- served FM allotment remains vacant, ing period or ‘‘window.’’ Applications the window remains closed until the submitted prior to the window opening FCC, by Public Notice, specifies a sub- date identified in the Public Notice sequent period for filing non-reserved will be returned as premature. Applica- band FM applications for a new station tions submitted after the specified or for major modifications in the facili- deadline will be dismissed with preju- ties of an authorized station pursuant dice as untimely. to paragraph (f)(2)(i) of this section. (ii) Such FM applicants will be sub- After the close of the filing window, ject to the provisions of §§ 1.2105 and the FCC will also release a Public No- 73.5002 regarding the submission of the tice identifying the short-form applica- short-form application, FCC Form 175, tions which are found to be non-mutu- and all appropriate certifications, in- ally exclusive, including any applica- formation and exhibits contained tions for noncommercial educational therein. FM applicants may submit a broadcast stations, as described in 47 set of preferred site coordinates as a U.S.C. 397(6). These non-mutually ex- supplement to the short-form applica- clusive applicants will be required to tion. Any specific site indicated by FM submit the appropriate long-form ap- applicants will not be studied for tech- plication within 30 days of the Public

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Notice and, for applicants for commer- finds that the public interest, conven- cial broadcast stations, pursuant to the ience and necessity will be served. provisions of § 73.5005(d). Non-mutually (iii) All long-form applications will exclusive applications for commercial be cut-off as of the date of filing with broadcast stations will be processed the FCC and will be protected from and the FCC will periodically release a subsequently filed long-form applica- Public Notice listing such non-mutu- tions and rulemaking petitions. Appli- ally exclusive applications determined cations will be required to protect all to be acceptable for filing and an- previously filed commercial and non- nouncing a date by which petitions to commercial applications. Winning bid- deny must be filed in accordance with ders filing long-form applications may the provisions of §§ 73.5006 and 73.3584. change the technical proposals speci- Non-mutually exclusive applications fied in their previously submitted for noncommercial educational broad- short-form applications, but such cast stations, as described in 47 U.S.C. change may not constitute a major 397(6), will be processed and the FCC change. If the submitted long-form ap- will periodically release a Public No- plication would constitute a major tice listing such non-mutually exclu- change from the proposal submitted in sive applications determined to be ac- the short-form application or the allot- ceptable for filing and announcing a ment, the long-form application will be date by which petitions to deny must returned pursuant to paragraph (f)(2)(i) be filed in accordance with the provi- of this section. sions of §§ 73.7004 and 73.3584. If the ap- (6)(i) When a non-reserved channel plicant is duly qualified, and upon ex- FM allotment is added to the Table of amination, the FCC finds that the pub- FM Allotments using the Tribal Pri- lic interest, convenience, and necessity ority described in Note 5 to this sec- will be served by the granting of the tion, the FCC will specify by Public non-mutually exclusive long-form ap- Notice a window filing period during plication, it will be granted. which only those applicants that sat- (5)(i) Pursuant to § 1.2107 of this chap- isfy all of the eligibility criteria listed ter and § 73.5005, a winning bidder that in Note 5 to this section with regard to meets its down payment obligations in the specific Tribal Priority FM allot- a timely manner must, within 30 days ment(s) listed in the Public Notice may of the release of the public notice an- file a long-form application for the nouncing the close of the auction, sub- Tribal Priority FM allotment. Only ap- mit the appropriate long-form applica- plications from applicants meeting the tion for each construction permit for ‘‘threshold qualifications’’ listed in which it was the winning bidder. Long- Note 5 will be accepted during this win- form applications filed by winning bid- dow filing period. ders shall include the exhibits identi- (ii) If only one application for the fied in § 73.5005(a). Tribal Priority FM allotment is ac- (ii) Winning bidders are required to cepted for filing during the threshold pay the balance of their winning bids qualifications window, the long-form in a lump sum prior to the deadline es- application will be processed. If two or tablished by the Commission pursuant more applications for the Tribal Pri- to § 1.2109(a) of this chapter. Long-form ority FM allotment are accepted for construction permit applications will filing during the threshold qualifica- be processed and the FCC will periodi- tions window, the FCC will specify by cally release a Public Notice listing Public Notice a period of time, after such applications that have been ac- the close of the threshold qualifica- cepted for filing and announcing a date tions window but before the next FM by which petitions to deny must be auction, during which the parties may filed in accordance with the provisions negotiate a settlement or bona fide of §§ 73.5006 and 73.3584. Construction merger, as a way of resolving the con- permits will be granted by the Commis- flict between their applications. Par- sion only after full and timely payment ties to a settlement must comply with of winning bids and any applicable late § 73.3525 of the Commission’s rules. If a fees, and if the applicant is duly quali- settlement or bona fide merger is fied, and upon examination, the FCC reached, the surviving application will

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be processed. If no settlement or bona and are subject to the following re- fide merger is reached among the quirements: threshold qualifications window appli- (1) The applicant must attach an ex- cants, the Tribal Priority FM allot- hibit to its application containing in- ment will be offered at auction as de- formation demonstrating that the pro- scribed in paragraphs (f)(2) through posed community of license change (f)(5) of this section, except that only constitutes a preferential arrangement those applicants whose applications of allotments or assignments under were accepted for filing pursuant to Section 307(b) of the Communications paragraph (f)(6)(i) of this section may Act of 1934, as amended (47 U.S.C. participate in the initial auction of the 307(b)); Tribal Priority FM allotment. (2) The facilities specified by the ap- (iii) If no application is accepted for plicant at the proposed community of filing during the threshold qualifica- license must be mutually exclusive, as tions window, and the party that ini- defined in § 73.207 or 73.509, with the ap- tially proposed the Tribal Priority FM plicant’s current facilities or its cur- allotment requests by letter to the rent assignment, in the case of a win- Audio Division, Media Bureau, that its ning auction bidder or tentative se- pending long-form application not be lectee; and immediately processed, the Tribal Pri- (3) Notwithstanding the provisions of ority FM allotment will be auctioned § 73.3580(a), the applicant must comply as described in paragraphs (f)(2) with the local public notice provisions through (f)(5) of this section in the nor- of §§ 73.3580(c)(3), 73.3580(d)(3), and mal course for vacant FM allotments. 73.3580(f). The exception contained in When a Tribal Priority FM allotment § 73.3580(e) shall not apply to an appli- is offered at auction for the first time, cation proposing to change the commu- only those applicants meeting the nity of license of an FM station. threshold qualifications for that spe- (4) Non-reserved band applications cific Tribal Priority FM allotment, as must demonstrate the existence of a described in Note 5 to this section, may suitable assignment or allotment site participate in the auction of that allot- that fully complies with §§ 73.207 and ment. 73.315 without resort to § 73.213 or (iv) Should no applicant meeting § 73.215. threshold qualifications, as described NOTE 1 TO § 73.3573: Applications to modify in Note 5 to this section, apply to bid the channel and/or class to an adjacent chan- on a Tribal Priority FM allotment in nel, intermediate frequency (IF) channel, or the first auction in which it is offered, co-channel may utilize the provisions of the or should no applicant meeting thresh- Commission’s Rules permitting short spaced old qualifications qualify to bid in the stations as set forth in § 73.215 as long as the applicant shows by separate exhibit attached first auction in which a Tribal Priority to the application the existence of an allot- FM allotment is offered, then the Trib- ment reference site which meets the allot- al Priority FM allotment will be of- ment standards, the minimum spacing re- fered in a subsequent auction. Any quirements of § 73.207 and the city grade cov- such subsequent auction of a Tribal erage requirements of § 73.315. This exhibit Priority FM allotment shall proceed as must include a site map or, in the alter- described in paragraphs (f)(2) through native, a statement that the transmitter will (f)(5) of this section, and any qualified be located on an existing tower. Examples of unsuitable allotment reference sites include applicant may participate in the auc- those which are offshore, in a national or tion of the Tribal Priority FM allot- state park in which tower construction is ment in such subsequent auction, re- prohibited, on an airport, or otherwise in an gardless of whether it meets the area which would necessarily present a haz- threshold qualifications with regard to ard to air navigation. that specific Tribal Priority FM allot- NOTE 2 TO § 73.3573: Processing of applica- ment. tions for new low power educational FM ap- (g) Applications proposing to change plications: Pending the Commission’s re- study of the impact of the rule changes per- the community of license of an FM sta- taining to the allocations of 10-watt and tion or assignment are considered to be other low power noncommercial educational minor modifications under paragraphs FM stations, applications for such new sta- (a)(2), (e)(1), and (f)(1) of this section, tions, or major changes in existing ones, will

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not be accepted for filing. Exceptions are: (1) tion will be reclassified automatically as a In Alaska, applications for new Class D sta- Class C0 station. The reclassification proce- tions or major changes in existing ones are dure also may be initiated through the filing acceptable for filing; and (2) applications for of an original petition for rule making to existing Class D stations to change fre- amend the FM Table of Allotments as set quency are acceptable for filing. In (2), upon forth in Note 2 to § 1.420(g). the grant of such application, the station NOTE 5 TO § 73.3573: The ‘‘Tribal Priority’’ is shall become a Class D (secondary) station. that established by the Commission in Poli- (See First Report and Order, Docket 20735, cies to Promote Rural Radio Service and to FCC 78–386, 43 FR 25821, and Second Report Streamline Allotment and Assignment Pro- and Order, Docket 20735, FCC 78–384, 43 FR 39704.) Effective date of this FCC imposed cedures, MB Docket 09–52. See First Report ‘‘freeze’’ was June 15, 1978. Applications and Order and Further Notice of Proposed which specify facilities of at least 100 watts Rule Making, MB Docket 09–52, FCC 10–24, 75 effective radiated power will be accepted for FR 9797, 75 FR 9856, 75 FR 73976; Second Re- filing. port and Order, First Order on Reconsider- NOTE 3 TO § 73.3573: For rules on processing ation, and Second Further Notice of Pro- FM translator and booster stations, see posed Rule Making, MB Docket 09–52, FCC § 74.1233 of this chapter. 11–28, 76 FR 14362, 76 FR 18942; Third Report NOTE 4 TO § 73.3573: A Class C station oper- and Order, MB Docket 09–52, FCC 11–190. To ating with antenna height above average ter- qualify for the Tribal Priority, and thus rain (‘‘HAAT’’) of less than 451 meters is sub- meet ‘‘threshold qualifications’’ for a par- ject to reclassification as a Class C0 station ticular allotment, an applicant must dem- upon the filing of a triggering application for onstrate that it meets all of the following construction permit that is short-spaced to eligibility criteria: (a) The applicant is ei- such a Class C station under § 73.207 but ther a federally recognized Tribe or Tribal would be fully spaced to such a station con- consortium, or an entity 51 percent or more sidered as a Class C0 assignment. Triggering of which is owned or controlled by a Tribe or applications may utilize § 73.215. Triggering Tribes. Qualifying Tribes or Tribal entities applications must certify that no alternative must be those at least a portion of whose channel is available for the proposed service. Tribal Lands lie within the principal com- Available alternative frequencies are limited to frequencies that the proposed service munity contour of the proposed facility. Al- could use at the specified antenna location though the 51 or greater percent Tribal con- in full compliance with the distance separa- trol threshold need not consist of a single tion requirements of § 73.207, without any Tribe, the qualifying entity must be 51 per- other changes to the FM Table of Allot- cent or more owned or controlled by Tribes ments. Copies of a triggering application and at least a portion of whose Tribal Lands lie related pleadings must be served on the li- within the facility’s principal community censee of the affected Class C station. If the contour; (b)(1) at least 50 percent of the area staff concludes that a triggering application within the proposed principal community is acceptable for filing, it will issue an order contour is over that Tribe’s Tribal Lands, or to show cause why the affected station (2) the proposed principal community con- should not be reclassified as a Class C0 sta- tour (i) encompasses 50 percent or more of tion The order to show cause will provide the that Tribe’s Tribal Lands, (ii) serves at least licensee 30 days to express in writing an in- 2,000 people living on Tribal Lands, and (iii) tention to seek authority to modify the sub- the total population on Tribal Lands resid- ject station’s technical facilities to mining within the proposed service contour con- imum Class C HAAT or to otherwise chal- stitutes at least 50 percent of the total cov- lenge the triggering application. If no such ered population (and, in the case of either intention is expressed and the triggering ap- (b)(1) or (b)(2) the proposed principal commu- plication is not challenged, the subject sta- nity contour does not cover more than 50 tion will be reclassified as a Class C0 station, percent of the Tribal Lands of a Tribe that is and processing of the triggering application will be completed. If an intention to modify not a party to the application); (c) the pro- is expressed, an additional 180-day period posed community of license must be located will be provided during which the Class C on Tribal Lands; and (d) the proposed service station licensee must file an acceptable con- must constitute first or second aural (recep- struction permit application to increase an- tion) service, or first local Tribal-owned tenna height to at least 451 meters HAAT. commercial transmission service at the pro- Upon grant of such a construction permit ap- posed community of license. For purposes of plication, the triggering application will be this section, the definition of ‘‘Tribal Lands’’ dismissed. Class C station licensees must is the same as that set forth at footnote 15 of serve on triggering applicants copies of any the First Report and Order and Further No- FAA submissions related to the application tice of Proposed Rule Making, FCC 10–24, and grant process. If the construction is not com- as further set forth at paragraphs 8–10 and 59 pleted as authorized, the subject Class C sta- of the Second Report and Order, First Order

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on Reconsideration, and Second Further No- ing of any amendment, advise the ap- tice of Proposed Rule Making, FCC 11–28. plicant that the amendment is consid- [63 FR 48627, Sept. 11, 1998, as amended at 64 ered to be a major amendment and FR 19502, Apr. 21, 1999; 65 FR 36379, June 8, therefore is subject to the provisions of 2000; 65 FR 79780, Dec. 20, 2000; 67 FR 45374, § 73.3580. July 9, 2002; 68 FR 26228, May 15, 2003; 71 FR (b) Any amendment to an application 6228, Feb. 7, 2006; 71 FR 76220, Dec. 20, 2006; 77 for assignment of construction permit FR 2922, Jan. 20, 2012] or license, or consent to the transfer of control of a corporation holding such a § 73.3574 Processing of international broadcast station applications. construction permit or license, shall be considered to be a minor amendment, (a) Applications for International except that any amendment which station facilities are divided into two seeks a change in the ownership inter- groups. est of the proposed assignee or trans- (1) In the first group are applications feree which would result in a change in for new stations, or for major changes control, or any amendment which in the facilities of authorized stations. would require the filing of FCC Forms A major change is any change in or ad- 314, 315, or 345 (see § 73.3540), if the dition to authorized zones or areas of changes sought were made in an origi- reception, any change in transmitter nal application for assignment or location other than one in the imme- transfer of control, shall be considered diate vicinity of existing antennas of to be a major amendment. However, the station, or any change in power, or the FCC may, within 15 days after the antenna directivity. However, the FCC acceptance for filing of any other may, within 15 days after the accept- amendment, advise the applicant that ance for filing of any other application the amendment is considered to be a for modification, advise the applicant major amendment and therefore is sub- that such application is considered to ject to the provisions of § 73.3580. be one for a major change and therefore is subject to §§ 1.1111 and 73.3580 [44 FR 38504, July 2, 1979, as amended at 51 FR 18451, May 20, 1986] pertaining to major changes. (2) The second group consists of ap- § 73.3580 Local public notice of filing plications for licenses and all other of broadcast applications. changes in the facilities of authorized (a) All applications for instruments stations. of authorization in the broadcast serv- (b) If an application is amended so as ice (and major amendments thereto, as to effect a major change as defined in indicated in §§ 73.3571, 73.3572, 73.3573, paragraph (a)(1) of this section, or so as 73.3574 and 73.3578) are subject to the to result in an assignment or transfer local public notice provisions of this of control which, in the case of an au- section, except applications for: thorized station, would require the fil- (1) A minor change in the facilities of ing of an application therefor on FCC an authorized station, as indicated in Form 314 or 315 (see § 73.3540), § 73.3580 §§ 73.3571, 73.3572, 73.3573 and 73.3574. will apply to such amended applica- (2) Consent to an involuntary assign- tion. ment or transfer or to a voluntary as- (c) Applications for International signment or transfer which does not re- stations will be processed as nearly as sult in a change of control and which possible in the order in which they are may be applied for on FCC Form 316 filed. pursuant to the provisions of [44 FR 38504, July 2, 1979] § 73.3540(b). (3) A license under section 319(c) of § 73.3578 Amendments to applications the Communications Act or, pending for renewal, assignment or transfer application for or grant of such license, of control. any special or temporary authorization (a) Any amendments to an applica- to permit interim operation to facili- tion for renewal of any instrument of tate completion of authorized con- authorization shall be considered to be struction or to provide substantially a minor amendment. However, the FCC the same service as would be author- may, within 15 days after tender for fil- ized by such license.

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

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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 granted a license by the Federal Commu- either the tendering for filing of the nication Commission to serve the public in- application or immediately following terest as a public trustee until (expiration notification to the applicant by the date). 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 § 73.3578. For commercial radio stations (date four calendar months prior to expira- these announcements shall be made be- tion date). When filed, a copy of this applica- tween 7 a.m. and 9 a.m. and/or 4 p.m. tion will be available for public inspection at and 6 p.m. For stations which neither www.fcc.gov. It contains information concerning this station’s performance during operate between 7 a.m. and 9 a.m. nor the last (period of time covered by the appli- between 4 p.m. and 6 p.m., these an- cation). nouncements shall be made during the Individuals who wish to advise the FCC of first two hours of broadcast operation. facts relating to our renewal application and For commercial TV stations, these an- to whether this station has operated in the nouncements shall be made between 6 public interest should file comments and pe- p.m. and 11 p.m. (5 p.m. and 10 p.m. titions with the FCC by (date first day of Central and Mountain time). last full calendar month prior to the month (4) The broadcast notice require- of expiration). ments for those filing renewal applica- Further information concerning the FCC’s broadcast license renewal process is avail- tions and amendments thereto are as able at (address of location of the station) or follows: may be obtained from the FCC, Washington, (i) Pre-filing announcements. During DC 20554. the period and beginning on the first day of the sixth calendar month prior (A) An applicant who files for re- to the expiration of the license, and newal of a low power TV station lo- continuing to the date on which the ap- cally originating programming (as de- plication is filed, the following an- fined by § 74.701(h)) shall broadcast this nouncement shall be broadcast on the announcement, except that statements 1st and 16th day of each calendar indicating there is a public inspection month. Stations broadcasting pri- file at the station containing the re- marily in a foreign language should newal application and other informa- broadcast the announcements in that tion on the license renewal process, language. shall be omitted. (B) This announcement shall be made Radio announcement: On (date of last re- during the following time periods: newal grant) (Station’s call letters) was (1) For commercial TV stations—at granted a license by the Federal Commu- nication Commission to serve the public in- least two of the required announce- terest as a public trustee until (expiration ments between 6 p.m. and 11 p.m. (5 date). p.m. and 10 p.m. Central and Mountain Our license will expire on (date). We must Time). file an application for renewal with the FCC (2) For commercial radio stations—at (date four calendar months prior to expira- least two of the required announce- tion date). When filed, a copy of this applica- ments between 7 a.m. and 9 a.m. and/or tion will be available for public inspection at www.fcc.gov. It contains information con- 4 p.m. and 6 p.m. For stations which cerning this station’s performance during neither operate between 7 a.m. and 9 the last (period of time covered by the appli- a.m. nor between 4 p.m. and 6 p.m., at cation). Individuals who wish to advise the least two of the required announce- FCC of facts relating to our renewal applica- ments shall be made during the first tion and to whether this station has operated two hours of broadcast operation. in the public interest should file comments (3) For noncommercial educational and petitions with the FCC by (date first day stations, at the same time as commer- of last full calendar month prior to the month of expiration). cial stations, except that such stations Further information concerning the FCC’s need not broadcast the announcement broadcast license renewal process is avail- during any month during which the able at (address of location of the station) or station does not operate.

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(4) For low power TV stations locally last full calendar month prior to the month originating programming (as defined of expiration). by § 74.701(h)), at the same time as for Further information concerning the FCC’s 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 tion of the license, all applications for announcement, except that statements renewal of broadcast station licenses indicating there is a public inspection shall broadcast the following an- file at the station containing the re- nouncement on the 1st and 16th day of newal application and other informa- each calendar month. Stations broad- tion on the license renewal process, casting primarily in a foreign language shall be omitted. should broadcast the announcements in (B) This announcement shall be made that language. during the following time periods: Television announcement: On (date of last (1) For commercial TV stations—at renewal grant) (Station’s call letters) was least three of the required announce- granted a license by the Federal Commu- ments between 6 p.m. and 11 p.m. (5 nications Commission to serve the public in- p.m. and 10 p.m. Central and Mountain terest as a public trustee until (expiration time), at least one announcement be- date). tween 9 a.m. and 1 p.m., at least one Our license will expire on (date). We have announcement between 1 p.m. and 5 filed an application for renewal with the FCC. p.m., and at least one announcement A copy of this application is available for between 5 p.m. and 7 p.m. public inspection at www.fcc.gov. It contains (2) For commercial radio stations—at information concerning this station’s per- least three of the required announce- formance during the last (period of time cov- ments between 7 a.m. and 9 a.m. and/or ered by application). 4 p.m. and 6 p.m., at least one an- Individuals who wish to advise the FCC of nouncement between 9 a.m. and noon, facts relating to our renewal application and at least one announcement between to whether this station has operated in the noon and 4 p.m., and at least one an- public interest should file comments and pe- nouncement between 7 p.m. and mid- titions with the FCC by (date first day of last full calendar month prior to the month night. For stations which do not oper- of expiration). ate between 7 a.m. and 9 a.m. or be- Further information concerning the FCC’s tween 4 p.m. and 6 p.m., at least three broadcast license renewal process is avail- of the required announcements shall be able at (address of location of the station) or made during the first two hours of may be obtained from the FCC, Washington, broadcast operation. DC 20554. (3) For noncommercial educational Radio announcement: On (date of last re- stations, at the same time as commer- newal grant) (Station’s call letters) was cial stations, except that such stations granted a license by the Federal Commu- need not broadcast the announcement nications Commission to serve the public interest as a public trustee until (expiration during any month during which the date). station does not operate. In such in- Our license will expire on (date). We have stances noncommercial educational filed an application for renewal with the stations shall meet the requirements in FCC. the exact order specified in paragraph A copy of this application is available for (d)(4)(ii)(A) (1) or (2) of this section public inspection at www.fcc.gov. It contains (e.g., if only four renewal notices are information concerning this station’s per- broadcast by an educational TV li- formance during the last (period of time cov- censee, 3 must be broadcast between 6 ered by application). p.m. and 11 p.m. and the fourth be- Individuals who wish to advise the FCC of facts relating to our renewal application and tween 9 a.m. and 1 p.m.). to whether this station has operated in the (4) For low power TV stations locally public interest should file comments and pe- originating programming (as defined titions with the FCC by (date first day of by § 74.701(h)), at the same time as for

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

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comply with the provisions of para- is proposed to be located. See §§ 73.3526 graph (c) of this section. and 73.3527. (f) The notice required by paragraphs (g) An applicant who files for author- (c) and (d) of this section shall contain, ization or major modifications, or a when applicable, the following infor- major amendment thereto, for a low mation, except as otherwise provided power TV, TV translator, TV booster, in paragraphs (d) (1) and (2) and (e) of FM translator, or FM booster station, this section in regard to renewal appli- must give notice of this filing in a cations: daily, weekly or biweekly newspaper of (1) The name of the applicant, if the general circulation in the community applicant is an individual; the names of or area to be served. Likewise, an ap- all partners, if the applicant is a part- plicant for assignment, transfer or re- nership; or the names of all officers and newal, or a major amendment thereto, directors and of those persons holding for a low power TV, TV translator or 10% or more of the capital stock or FM translator station, must give this other ownership interest if the appli- same type of newspaper notice. The fil- cant is a corporation or an unincor- ing notice will be given immediately porated association. (In the case of ap- following the tendering for filing of the plications for assignment or transfer of application or amendment, or imme- control, information should be included diately following notification to the for all parties to the application.) applicant by the FCC that public no- (2) The purpose for which the applica- tice is required pursuant to § 73.3572, tion was or will be filed (such as, con- § 73.3573, or § 73.3578. struction permit, modification, assign- (1) Notice requirements for these ap- ment or transfer of control). plicants are as follows: (3) The date when the application or (i) In a newspaper at least one time; amendment was tendered for filing or with the FCC. (ii) If there is no newspaper published (4) The call letters, if any, of the sta- or having circulation in the commu- tion, and the frequency or channel on nity or area to be served, the applicant which the station is operating or pro- shall determine an appropriate means poses to operate. of providing the required notice to the (5) In the case of an application for general public, such as posting in the construction permit for a new station, local post office or other public place. the facilities sought, including type The notice shall state: and class of station, power, location of (A) The name of the applicant, the studios, transmitter site and antenna community or area to be served, and height. the transmitter site. (6) In the case of an application for (B) The purpose for which the appli- modification of a construction permit cation was filed. or license, the exact nature of the (C) The date when the application or modification sought. amendment was filed with the FCC. (7) In the case of an amendment to an (D) The output channel or channels application, the exact nature of the on which the station is operating or amendment. proposes to operate and the power used (8) In the case of applications for a or proposed to be used. permit pursuant to Section 325(b) of (E) In the case of an application for the Communications Act (‘‘* * * studios changes in authorized facilities, the na- of foreign stations’’), the call letters ture of the changes sought. and location of the foreign radio broad- (F) In the case of a major amendment cast station, the frequency or channel to an application, the nature of the on which it operates, and a description amendment. of the programs to be transmitted over (G) A statement, if applicable, that the station. the station engages in or intends to en- (9) A statement that a copy of the ap- gage in rebroadcasting, and the call plication, amendment(s), and related letters, location and channel of oper- material are on file for public inspec- ation of each station whose signals it is tion at a stated address in the commu- rebroadcasting or intends to rebroad- nity in which the station is located or cast.

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(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 (c), (d) or (g) of this section. However, provisions of § 73.3571(c), § 73.3572(c) or an applicant for renewal of a license § 73.3573(d), establishing a ‘‘cut-off’’ that is required to maintain a public date, such petitions must be filed by inspection file, shall, within 7 days of the date specified. In the case of appli- the last day of broadcast of the re- cations for transfers and assignments quired publication announcements, of construction permits or station li- place in its public inspection file a censes, Petitions to Deny must be filed statement certifying compliance with § 73.3580 along with the dates and times not later than 30 days after issuance of that the pre-filing and post-filing no- a public notice of the acceptance for tices were broadcast and the text filing of the applications. In the case of thereof. This certification need not be applications for renewal of license, Pe- filed with the Commission but shall be titions to Deny may be filed at any retained in the public inspection file time up to the deadline established in for as long as the application to which § 73.3516(e). Requests for extension of it refers. time to file Petitions to Deny applica- (i) Paragraphs (a) through (h) of this tions for new broadcast stations or section apply to major amendments to major changes in the facilities of exist- license renewal applications. See ing stations or applications for renewal § 73.3578(a). of license will not be granted unless all parties concerned, including the appli- [44 FR 38504, July 2, 1979] cant, consent to such requests, or un- EDITORIAL NOTE: For FEDERAL REGISTER ci- less a compelling showing can be made tations affecting § 73.3580, see the List of CFR that unusual circumstances make the Sections Affected, which appears in the filing of a timely petition impossible Finding Aids section of the printed volume and at www.fdsys.gov. and the granting of an extension war- ranted. § 73.3584 Procedure for filing petitions (b) Except in the case of applications to deny. for new low power TV or TV translator (a) For mutually exclusive applica- stations, or for major changes in the tions subject to selection by competi- existing facilities of such stations, the tive bidding (non-reserved channels) or applicant may file an opposition to any fair distribution/point system (reserved Petition to Deny, and the Petitioner a channels), petitions to deny may be reply to such opposition in which alle- filed only against the winning bidders gations of fact or denials thereof shall or tentative selectee(s), and such peti- be supported by affidavit of a person or tions will be governed by §§ 73.5006 and persons with personal knowledge there- 73.7004, respectively. For all other ap- of. The times for filing such opposi- plications the following rules will gov- tions and replies shall be those pro- ern. Except in the case of applications vided in § 1.45 except that as to a Peti- for new low power TV, TV translator or tion to Deny an application for renewal TV booster stations, for major changes of license, an opposition thereto may in the existing facilities of such sta- be filed within 30 days after the Peti- tions, or for applications for a change tion to Deny is filed, and the party in output channel tendered by dis- that filed the Petition to Deny may placed low power TV and TV translator reply to the opposition within 20 days stations pursuant to § 73.3572(a)(1), any after opposition is due or within 20 party in interest may file with the days after the opposition is filed, Commission a Petition to Deny any ap- whichever is longer. The failure to file

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an opposition or a reply will not nec- (e) Untimely Petitions to Deny, as essarily be construed as an admission well as other pleadings in the nature of of fact or argument contained in a a Petition to Deny, and any other pleading. pleadings or supplements which do not (c) In the case of applications for new lie as a matter of law or are otherwise low power TV, TV translator, or TV procedurally defective, are subject to booster stations, for major changes in return by the FCC’s staff without con- the existing facilities of such stations, sideration. or for applications for a change in out- [48 FR 27206, June 13, 1983, as amended at 52 put channel tendered by displaced low FR 31401, Aug. 20, 1987; 53 FR 2499, Jan. 28, power TV and TV translator stations 1988; 55 FR 28914, July 16, 1990; 61 FR 18291, pursuant to § 73.3572(a)(1), any party in Apr. 25, 1996; 65 FR 36379, June 8, 2000; 65 FR interest may file with the FCC a Peti- 79780, Dec. 20, 2000] tion to Deny any applcation (whether as originally filed or if amended so as § 73.3587 Procedure for filing informal to require a new file number pursuant objections. to § 73.3572(b)) for which local notice Before FCC action on any application pursuant to § 73.3580 is required, pro- for an instrument of authorization, any vided such petitions are filed within 30 person may file informal objections to days of the FCC Public Notice pro- the grant. Such objections may be sub- posing the application for grant (appli- mitted in letter form (without extra cants may file oppositions within 15 copies) and shall be signed. The limita- days after the Petition to Deny is tion on pleadings and time for filing filed); but where the FCC selects a ten- pleadings provided for in § 1.45 of the tative permittee pursuant to Section rules shall not be applicable to any ob- 1.1601 et seq., Petitions to Deny shall be jections duly filed under this section. accepted only if directed against the tentative selectee and filed after [44 FR 38507, July 2, 1979] issuance of and within 15 days of FCC Public Notice announcing the tentative § 73.3588 Dismissal of petitions to deny or withdrawal of informal objec- selectee. The applicant may file an options. position within 15 days after the Peti- tion to Deny is filed. In cases in which (a) Whenever a petition to deny or an the minimum diversity preference pro- informal objection has been filed vided for in § 1.1623(f)(1) has been ap- against any application, and the filing plied, an ‘‘objection to diversity claim’’ party seeks to dismiss or withdraw the and opposition thereto, may be filed petition to deny or the informal objec- against any applicant receiving a dition, either unilaterally or in exchange versity preference, within the same for financial consideration, that party time period provided herein for Peti- must file with the Commission a re- tions and Oppositions. In all pleadings, quest for approval of the dismissal or allegations of fact or denials thereof withdrawal, a copy of any written shall be supported by appropriate cer- agreement related to the dismissal or tification. However, the FCC may an- withdrawal, and an affidavit setting nounce, by the Public Notice announc- forth: ing the acceptance of the last-filed mu- (1) A certification that neither the tually exclusive application, that a no- petitioner nor its principals has re- tice of Petition to Deny will be received or will receive any money or quired to be filed no later than 30 days other consideration in excess of legiti- after issuance of the Public Notice. mate and prudent expenses in exchange (d) A party in interest may file a Pe- for the dismissal or withdrawal of the tition to Deny any application that petition to deny; proposes reclassification of a Class C (2) The exact nature and amount of authorization to Class C0 not later any consideration received or prom- than 30 days after issuance of an order ised; to show cause by the Commission noti- (3) An itemized accounting of the ex- fying the affected licensee of the pro- penses for which it seeks reimburse- posed reclassification. ment; and

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

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

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

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the FCC’s order, specifying the time (1) For commercial TV stations, be- and place of the commencement of the tween 7:00 p.m. and 10:00 p.m. hearing; (2) For commercial AM and FM sta- (ii) If no weekly newspaper of general tions, between 7:00 a.m. and 10:00 a.m., circulation is published in the commu- but if such stations do not operate dur- nity in which the station is located or ing those hours, then between 6:00 p.m. proposed to be located, notice shall be and 9:00 p.m. given at least twice a week for 2 con- (3) For noncommercial educational secutive weeks within the 3-week pe- TV stations, between 7:00 p.m. and 10:00 riod immediately following the release p.m., but if the period of broadcast of of the FCC’s orders, specifying the time notice falls within a portion of the year and place of the commencement of the during which such stations do not hearing in the daily newspaper having broadcast, then such stations need not the greatest general circulation in the comply with the provisions of this community in which the station is lo- paragraph. cated or proposed to be located. (2) In the case of an application for a (4) For noncommercial educational permit pursuant to Section 325(c) of AM and FM stations, between 3:00 p.m. the Communications Act, the notice and 10:00 p.m., but if the period of shall be given at least twice a week for broadcast of notice falls within a por- 2 consecutive weeks within the 3-week tion of the year during which such sta- period immediately following release of tions do not broadcast, then such sta- the FCC’s order, specifying the time tions need not comply with the provi- and place of the commencement of the sions of this paragraph. hearing in a daily newspaper of general (c) If the station in question is the circulation in the largest city in the only operating station in its broadcast principal area to be served in the service which is located in the commu- United States by the foreign radio nity involved, or if it is a broadcast station. noncommerical educational station, (3) In the case of an application for publication of the notice in a news- change in the location of a station, the paper, as provided in paragraph (a) of notice shall be given both in the com- this section, is not required, and publi- munity in which the station is located cation by broadcast over that station and in the community in which the as provided in paragraph (b) of this sec- station is proposed to be located. tion shall be deemed sufficient to meet (b) When an application which is sub- the requirements of paragraphs (a) and ject to the provisions of § 73.3580 and (b) of this section. However, non- which seeks modification, assignment, commercial educational stations which transfer, or renewal of an operating do not broadcast during the portion of broadcast station is designated for the year in which the period of broad- hearing (except for applications for an cast of notice falls must comply with International broadcast, low power TV, the provisions of paragraph (a) of this TV translator, FM translator, or FM section. booster stations), the applicant shall, (d) The notice required by paragraphs in addition to giving notice of such des- (a) and (b) of this section shall state: ignation as provided in paragraph (a) of (1) The name of the applicant or ap- this section, cause the same notice to plicants designated for hearing. be broadcast over that station at least once daily for 4 days in the second (2) The call letters, if any, of the sta- week immediately following the re- tions or stations involved, and the fre- lease of the FCC’s order, specifying the quencies or channels on which the sta- time and place of the commencement tion or stations are operating or proof the hearing. In the case of both composed to operate. mercial and noncommercial TV broad- (3) The time and place of the hearing. cast stations such notice shall be (4) The issues in the hearing as listed broadcast orally with the camera fo- in the FCC’s order or summary of des- cused on the announcer. The notice re- ignation for hearing. quired by this paragraph shall be (5) A statement that a copy of the ap- broadcast during the following periods: plication, amendment(s), and related

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

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

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

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

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

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

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§ 73.3613 Filing of contracts. (2) Bylaws, and any instruments ef- fecting changes in such bylaws; Each licensee or permittee of a com- (3) Any agreement, document or in- mercial or noncommercial AM, FM, TV strument providing for the assignment or International broadcast station of a license or permit, or affecting, di- shall file with the FCC copies of the rectly or indirectly, the ownership or following contracts, instruments, and voting rights of the licensee’s or per- documents together with amendments, mittee’s stock (common or preferred, supplements, and cancellations (with voting or nonvoting), such as: the substance of oral contracts reported in writing), within 30 days of (i) Agreements for transfer of stock; execution thereof: (ii) Instruments for the issuance of (a) Network service: Network affili- new stock; or ation contracts between stations and (iii) Agreements for the acquisition networks will be reduced to writing of licensee’s or permittee’s stock by and filed as follows: the issuing licensee or permittee cor- (1) All network affiliation contracts, poration. Pledges, trust agreements, agreements, or understandings between options to purchase stock and other ex- a TV broadcast or low power TV sta- ecutory agreements are required to be tion and a national network. For the filed. However, trust agreements or ab- purposes of this paragraph the term stracts thereof are not required to be network means any person, entity, or filed, unless requested specifically by corporation which offers an inter- the FCC. Should the FCC request an connected program service on a regular abstract of the trust agreement in lieu basis for 15 or more hours per week to of the trust agreement, the licensee or at least 25 affiliated television licens- permittee will submit the following in- ees in 10 or more states; and/or any per- formation concerning the trust: son, entity, or corporation controlling, (A) Name of trust; controlled by, or under common con- (B) Duration of trust; trol with such person, entity, or cor- (C) Number of shares of stock owned; poration. (D) Name of beneficial owner of (2) Each such filing on or after May 1, stock; 1969, initially shall consist of a written (E) Name of record owner of stock; instrument containing all of the terms (F) Name of the party or parties who and conditions of such contract, agree- have the power to vote or control the ment or understanding without ref- vote of the shares; and erence to any other paper or document (G) Any conditions on the powers of by incorporation or otherwise. Subse- voting the stock or any unusual char- quent filings may simply set forth re- acteristics of the trust. newal, amendment or change, as the (4) Proxies with respect to the licens- case may be, of a particular contract ee’s or permittee’s stock running for a previously filed in accordance here- period in excess of 1 year, and all prox- with. ies, whether or not running for a period (3) The FCC shall also be notified of of 1 year, given without full and de- the cancellation or termination of net- tailed instructions binding the nomi- work affiliations, contracts for which nee to act in a specified manner. With are required to be filed by this section. respect to proxies given without full (b) Ownership or control: Contracts, and detailed instructions, a statement instruments or documents relating to showing the number of such proxies, by the present or future ownership or con- whom given and received, and the per- trol of the licensee or permittee or of centage of outstanding stock rep- the licensee’s or permittee’s stock, resented by each proxy shall be sub- rights or interests therein, or relating mitted by the licensee or permittee to changes in such ownership or con- within 30 days after the stockholders’ trol shall include but are not limited to meeting in which the stock covered by the following: such proxies has been voted. However, (1) Articles of partnership, associa- when the licensee or permittee is a cor- tion, and incorporation, and changes in poration having more than 50 stock- such instruments; holders, such complete information

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need be filed only with respect to prox- countants or consulting radio engi- ies given by stockholders who are offi- neers; contracts with performers; con- cers or directors, or who have 1% or tracts with station representatives; more of the corporation’s voting stock. contracts with labor unions; or any When the licensee or permittee is a similar agreements. corporation having more than 50 stock- (d)(1) Time brokerage agreements (also holders and the stockholders giving the known as local marketing agreements): proxies are not officers or directors or Time brokerage agreements involving do not hold 1% or more of the corpora- radio stations where the licensee (in- tion’s stock, the only information re- cluding all parties under common own- quired to be filed is the name of any ership) is the brokering entity, the person voting 1% or more of the stock brokering and brokered stations are by proxy, the number of shares voted both in the same market as defined in by proxy by such person, and the total the local radio multiple ownership rule number of shares voted at the par- contained in § 73.3555(a), and more than ticular stockholders’ meeting in which 15 percent of the time of the brokered the shares were voted by proxy. station, on a weekly basis is brokered (5) Mortgage or loan agreements con- by that licensee; time brokerage agree- taining provisions restricting the li- ments involving television stations censee’s or permittee’s freedom of op- where the licensee (including all par- eration, such as those affecting voting ties under common control) is the rights, specifying or limiting the brokering entity, the brokering and amount of dividends payable, the pur- brokered stations are both licensed to chase of new equipment, or the mainte- the same market as defined in the local nance of current assets. television multiple ownership rule con- (6) Any agreement reflecting a tained in § 73.3555(b), and more than 15 change in the officers, directors or percent of the time of the brokered sta- stockholders of a corporation, other tion, on a weekly basis, is brokered by than the licensee or permittee, having that licensee; time brokerage agree- an interest, direct or indirect, in the li- ments involving radio or television sta- censee or permittee as specified by tions that would be attributable to the § 73.3615. licensee under § 73.3555 Note 2, para- (7) Agreements providing for the as- graph (i). Confidential or proprietary signment of a license or permit or information may be redacted where ap- agreements for the transfer of stock propriate but such information shall be filed in accordance with FCC applica- made available for inspection upon re- tion Forms 314, 315, 316 need not be request by the FCC. submitted pursuant to the terms of (2) Joint sales agreements: Joint sales this rule provision. agreements involving radio stations (c) Personnel: (1) Management con- where the licensee (including all par- sultant agreements with independent ties under common control) is the contractors; contracts relating to the brokering entity, the brokering and utilization in a management capacity brokered stations are both in the same of any person other than an officer, di- market as defined in the local radio rector, or regular employee of the li- multiple ownership rule contained in censee or permittee; station manage- § 73.3555(a), and more than 15 percent of ment contracts with any persons, the advertising time of the brokered whether or not officers, directors, or station on a weekly basis is brokered regular employees, which provide for by that licensee; joint sales agreements both a percentage of profits and a shar- involving television stations where the ing in losses; or any similar agree- licensee (including all parties under ments. common control) is the brokering enti- (2) The following contracts, agree- ty, the brokering and brokered stations ments, or understandings need not be are both in the same market as defined filed: Agreements with persons regu- in the local television multiple owner- larly employed as general or station ship rule contained in § 73.3555(b), and managers or salesmen; contracts with more than 15 percent of the advertising program managers or program per- time of the brokered station on a week- sonnel; contracts with attorneys, ac- ly basis is brokered by that licensee.

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Confidential or proprietary informa- section) on file with the Commission tion may be redacted where appro- that is still accurate and which was priate but such information shall be filed using the version of FCC Form made available for inspection upon re- 2100, Schedule 323 that is current on quest by the FCC. October 1 of the year in which its bien- (e) The following contracts, agree- nial ownership report is due may elec- ments or understandings need not be tronically validate and resubmit its filed but shall be kept at the station previously filed biennial ownership re- and made available for inspection upon port. request by the FCC; subchannel leasing (b)(1) Each permittee of a commer- agreements for Subsidiary Communica- cial AM, FM or TV broadcast station tions Authorization operation; fran- and any entity that holds an interest chise/leasing agreements for operation in the permittee that is attributable of telecommunications services on the pursuant to § 73.3555 (each a ‘‘Respond- television vertical blanking interval ent’’) shall file an ownership report on and in the visual signal; time sales con- FCC Form 2100, Schedule 323 within 30 tracts with the same sponsor for 4 or days of the date of grant by the FCC of more hours per day, except where the an application by the permittee for length of the events (such as athletic original construction permit. Each contests, musical programs and special ownership report shall provide all in- events) broadcast pursuant to the con- formation required by, and comply tract is not under control of the sta- with all requirements set forth in, the tion; and contracts with chief opera- version of FCC Form 2100, Schedule 323 tors. (including all instructions for the form [44 FR 38512, July 2, 1979, as amended at 47 and schedule) that is current on the FR 21496, May 18, 1982; 50 FR 4664, Feb. 1, date on which the ownership report is 1985; 50 FR 30951, July 31, 1985; 51 FR 9966, filed. Mar. 24, 1986; 51 FR 15785, Apr. 28, 1986; 57 FR (2) Except as specifically noted 18093, Apr. 29, 1992; 57 FR 42706, Sept. 16, 1992; below, each permittee of a commercial 61 FR 36305, July 10, 1996; 63 FR 70050, Dec. 18, AM, FM or TV broadcast station and 1998; 64 FR 50646, Sept. 17, 1999; 66 FR 9972, Feb. 13, 2001; 68 FR 46358, Aug. 5, 2003; 79 FR any entity that holds an interest in the 29006, May 20, 2014] permittee that is attributable pursuant to § 73.3555 (each a ‘‘Respondent’’) shall § 73.3615 Ownership reports. file an ownership report on FCC Form (a) The Ownership Report for Com- 2100, Schedule 323 on the date that the mercial Broadcast Stations (FCC Form permittee applies for a station license. 2100, Schedule 323) must be filed elec- Each ownership report shall provide all tronically every two years by each li- information required by, and comply censee of a commercial AM, FM, or TV with all requirements set forth in, the broadcast station and any entity that version of FCC Form 2100, Schedule 323 holds an interest in the licensee that is (including all instructions for the form attributable pursuant to § 73.3555 (each and schedule) that is current on the a ‘‘Respondent’’). The ownership report date on which the ownership report is shall be filed by December 1 in all odd- filed. If a Respondent has a current and numbered years. Each ownership report unamended ownership report on file shall provide all information required with the Commission that was filed by, and comply with all requirements pursuant to paragraphs (b)(1) or (c) of set forth in, the version of FCC Form this section, was submitted using the 2100, Schedule 323 (including all in- version of FCC Form 2100, Schedule 323 structions for the form and schedule) that is current on the date on which that is current on October 1 of the year the ownership report due pursuant to in which the ownership report is filed. paragraph (b)(2) is filed, and is still ac- The information provided on each own- curate, the Respondent may certify ership report shall be current as of Oc- that it has reviewed such ownership re- tober 1 of the year in which the owner- port and that it is accurate, in lieu of ship report is filed. A Respondent with filing a new ownership report. a current and unamended biennial own- (c) Each permittee or licensee of a ership report (i.e., an ownership report commercial AM, FM or TV broadcast that was filed pursuant to this sub- station and any entity that holds an

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interest in the permittee or licensee tion by the permittee for original con- that is attributable pursuant to struction permit. Each ownership re- § 73.3555 (each a ‘‘Respondent’’), shall port shall provide all information re- file an ownership report on FCC Form quired by, and comply with all require- 2100, Schedule 323 within 30 days of ments set forth in, the version of FCC consummating authorized assignments Form 2100, Schedule 323–E (including or transfers of permits and licenses. all instructions for the form and sched- Each ownership report shall provide all ule) that is current on the date on information required by, and comply which the ownership report is filed. with all requirements set forth in, the (2) Except as specifically noted version of FCC Form 2100, Schedule 323 below, each permittee of a noncommer- (including all instructions for the form cial educational AM, FM or TV broad- and schedule) that is current on the cast station and any entity that holds date on which the ownership report is an interest in the permittee that is at- filed. tributable pursuant to § 73.3555 (each a (d) The Ownership Report for Non- commercial Broadcast Stations (FCC ‘‘Respondent’’) shall file an ownership Form 2100, Schedule 323–E) must be report on FCC Form 2100, Schedule 323– filed electronically every two years by E on the date that the permittee ap- each licensee of a noncommercial edu- plies for a station license. Each owner- cational AM, FM or TV broadcast sta- ship report shall provide all information and any entity that holds an inter- tion required by, and comply with all est in the licensee that is attributable requirements set forth in, the version pursuant to § 73.3555 (each a ‘‘Respond- of FCC Form 2100, Schedule 323–E (in- ent’’). The ownership report shall be cluding all instructions for the form filed by December 1 in all odd-num- and schedule) that is current on the bered years. Each ownership report date on which the ownership report is shall provide all information required filed. If a Respondent has a current and by, and comply with all requirements unamended ownership report on file set forth in, the version of FCC Form with the Commission that was filed 2100, Schedule 323–E (including all in- pursuant to paragraphs (e)(1) or (f) of structions for the form and schedule) this section, was submitted using the that is current on October 1 of the year version of FCC Form 2100, Schedule in which the ownership report is filed. 323–E that is current on the date on The information provided on each own- which the ownership report due pursu- ership report shall be current as of Oc- ant to this subsection is filed, and is tober 1 of the year in which the owner- still accurate, the Respondent may cer- ship report is filed. A Respondent with tify that it has reviewed such owner- a current and unamended biennial own- ship report and that it is accurate, in ership report (i.e., an ownership report lieu of filing a new ownership report. that was filed pursuant to this sub- (f) Each permittee or licensee of a section) on file with the Commission noncommercial educational AM, FM or that is still accurate and which was TV broadcast station, and any entity filed using the version of FCC Form that holds an interest in the permittee 2100, Schedule 323–E that is current on October 1 of the year in which its bien- or licensee that is attributable pursu- nial ownership report is due may elec- ant to § 73.3555 (each a ‘‘Respondent’’), tronically validate and resubmit its shall file an ownership report on FCC previously filed biennial ownership re- Form 2100, Schedule 323–E within 30 port. days of consummating authorized as- (e)(1) Each permittee of a non- signments or transfers of permits and commercial educational AM, FM or TV licenses. Each ownership report shall broadcast station and any entity that provide all information required by, holds an interest in the permittee that and comply with all requirements set is attributable pursuant to § 73.3555 forth in, the version of FCC Form 2100, (each a ‘‘Respondent’’) shall file an Schedule 323–E (including all instruc- ownership report on FCC Form 2100, tions for the form and schedule) that is Schedule 323–E within 30 days of the current on the date on which the own- date of grant by the FCC of an applica- ership report is filed.

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(g) A copy of all ownership and sup- ments and technical parameters of any plemental ownership reports and rebroadcast television stations that are lated material filed pursuant to this reassigned to new channels. section shall be maintained and made (3) Channel sharee station. For pur- available for public inspection locally poses of this section, channel sharee sta- as required by §§ 73.3526 and 73.3527. tion means a broadcast television sta- [44 FR 38513, July 2, 1979, as amended at 49 tion for which a winning channel shar- FR 19498, May 8, 1984; 50 FR 27450, July 3, ing bid, as defined in § 1.2200(d) of this 1985; 50 FR 40016, Oct. 1, 1985; 53 FR 2499, Jan. chapter, was submitted, or a broadcast 28, 1988; 53 FR 5684, Feb. 25, 1988; 63 FR 70050, television station for which a winning Dec. 18, 1998; 66 FR 9973, Feb. 13, 2001; 66 FR license relinquishment bid, as defined 12897, Mar. 1, 2001; 74 FR 25168, May 27, 2009; in § 1.2200(g) of this chapter, was sub- 74 FR 56134, Oct. 30, 2009; 81 FR 19459, Apr. 4, mitted where the station licensee exe- 2016] cutes and implements a post-auction EFFECTIVE DATE NOTE: At 81 FR 19459, Apr. channel sharing agreement. 4, 2016, § 73.3615 was amended by revising (4) Channel sharer station. For pur- paragraphs (a) through (f). These paragraphs contain information collection and record- poses of this section, channel sharer sta- keeping requirements and will not become tion means a broadcast television sta- effective until approval has been given by tion that shares its television channel the Office of Management and Budget. with a channel sharee. (5) Channel sharing agreement (CSA). § 73.3617 Information available on the For purposes of this section, channel Internet. sharing agreement or CSA means an exe- The Media Bureau and each of its Di- cuted agreement between the licensee visions provide information on the of a channel sharee station or stations Internet regarding rules and policies, and the licensee of a channel sharer pending and completed rulemakings, station governing the use of the shared and pending applications. These sites television channel. also include copies of public notices (6) High-VHF-to-Low-VHF station. For and texts of recent decisions. The purposes of this section, High-VHF-to- Media Bureau’s address is http:// Low-VHF station means a broadcast tel- www.fcc.gov/mb/; the Audio Division’s evision station for which a winning address is http://www.fcc.gov/mmb/audio; high-VHF-to-low-VHF bid, as defined the Video Division’s address is http:// in § 1.2200(f) of this chapter, was sub- www.fcc.gov/mb/video; the Policy Divi- mitted. sion’s address is http://www.fcc.gov/mb/ (7) License relinquishment station. For policy; the Engineering Division’s ad- purposes of this section, license relin- dress is http://www.fcc.gov/mb/engineer- quishment station means a broadcast ing; 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- [67 FR 13233, Mar. 21, 2002] 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

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date that the Channel Reassignment (b) Post-auction licensing—(1) Con- Public Notice is released. struction permit applications. (i) Licens- (10) Predetermined cost estimate. For ees of reassigned stations, UHF-to-VHF purposes of this section, predetermined stations, and High-VHF-to-Low-VHF cost estimate means the estimated cost stations must file a minor change ap- of an eligible expense as generally de- plication for a construction permit for termined by the Media Bureau in a the channel specified in the Channel catalog of expenses eligible for reim- Reassignment Public Notice using FCC bursement. Form 2100 Schedule A (for a full power (11) Post-auction channel. For pur- station) or E (for a Class A station) poses of this section, post-auction chan- within three months of the release date nel means the channel specified in the of the Channel Reassignment Public Channel Reassignment Public Notice Notice. Licensees that are unable to or a channel authorized by the Media meet this filing deadline may request a Bureau in a construction permit issued waiver of the deadline no later than 30 after the date that the Channel Reas- days prior to the deadline. signment Public Notice is released (ii) A licensee of a reassigned station under the procedures set forth in para- that is reassigned from one channel to graph (b) of this section. a different channel within its existing (12) Reassigned station. For purposes band will be permitted to propose of this section, a reassigned station transmission facilities in its construc- means a broadcast television station tion permit application that will ex- that is reassigned to a new channel in the Channel Reassignment Public No- tend its coverage contour, as defined tice, not including channel sharing sta- by the technical parameters specified tions, UHF-to-VHF stations, or High- in the Channel Reassignment Public VHF-to-Low-VHF stations. Notice, if such facilities: (13) Reimbursement period. For pur- (A) Are necessary to achieve the cov- poses of this section, reimbursement pe- erage contour specified in the Channel riod means the period ending three Reassignment Public Notice or to ad- years after the completion of the for- dress loss of coverage area resulting ward auction pursuant to section from the new channel assignment; 6403(b)(4)(D) of the Spectrum Act. (B) Will not extend a full power tele- (14) Spectrum Act. The term Spectrum vision station’s noise limited contour Act means Title VI of the Middle Class or a Class A television station’s pro- Tax Relief and Job Creation Act of 2012 tected contour by more than one per- (Pub. L. 112–96). cent in any direction; and (15) Transitioning station. For pur- (C) Will not cause new interference, poses of this section, a transitioning sta- other than a rounding tolerance of 0.5 tion means a: percent, to any other broadcast tele- (i) Reassigned station, vision station. (ii) UHF-to-VHF station, (iii) The licensee of a UHF-to-VHF (iii) High-VHF-to-Low-VHF station, station or High-VHF-to-Low-VHF sta- (iv) License relinquishment station, tion will be permitted to propose trans- or mission facilities in its construction (v) A channel sharee or sharer sta- permit application that will extend its tion. coverage contour, as defined by the (16) TV broadcaster relocation fund. technical parameters specified in the For purposes of this section, the TV Channel Reassignment Public Notice, Broadcaster Relocation Fund means the if the proposed facility will not cause fund established by section 6403(d)(1) of new interference, other than a round- the Spectrum Act. ing tolerance of 0.5 percent, to any (17) UHF-to-VHF station. For purposes other broadcast television station. of this section, UHF-to-VHF station (iv) Priority filing window. (A) The li- means a television station for which a censee of a reassigned station, a UHF- winning UHF-to-VHF bid, as defined in to-VHF station, or a High-VHF-to- § 1.2200(l) of this chapter, was sub- Low-VHF station that, for reasons be- mitted. yond its control, is unable to construct

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facilities that meet the technical pa- (vii) Channel sharee stations must rameters specified in the Channel Re- file a minor change application for a assignment Public Notice, or the per- construction permit for the channel on missible contour coverage variance which the channel sharer operates at from those technical parameters speci- least sixty (60) days prior to the date fied in paragraph (b)(1)(ii) or (iii) of by which it must terminate operations this section, may request a waiver of on its pre-auction channel pursuant to the construction permit application paragraphs (b)(4)(i) and (ii) of this sec- deadline specified in paragraph (b)(1)(i) tion. The application must include a 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; and (v) Construction permit applications (C) The licensee of a High-VHF-to- filed pursuant to paragraph (b)(1)(i) of Low-VHF station cannot request an al- this section will be afforded expedited ternate high-VHF channel. processing if the application: (ii) Expanded facilities. The licensee of (A) Does not seek to expand the cov- a reassigned station, a UHF-to-VHF erage area, as defined by the technical station, or a High-VHF-to-Low-VHF parameters specified in the Channel station, or a broadcast television sta- Reassignment Public Notice, in any dition described in paragraph (b)(1)(iv)(B) rection; of this section will be permitted to file (B) Seeks authorization for facilities a minor change application for a con- that are no more than five percent struction permit on FCC Form 2100 smaller than those specified in the Schedules A (for a full power station) Channel Reassignment Public Notice and E (for a Class A station) during a with respect to predicted population filing window to be announced by the served; and Media Bureau by public notice, in order (C) Is filed within the three-month to request a change in the technical pa- deadline specified in paragraph (b)(1)(i) rameters specified in the Channel Re- of this section. assignment Public Notice (or, in the (vi) Delegation of authority. The Com- case of a broadcast television station mission delegates authority to the described in paragraph (b)(1)(iv)(B) of Chief, Media Bureau to establish con- this section that is not reassigned to a struction periods for reassigned sta- new channel, a change in its authorized tions, UHF-to-VHF stations, and High- technical parameters) with respect to VHF-to-Low-VHF stations. height above average terrain (HAAT),

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effective radiated power (ERP), or auction channel or by the deadline transmitter location that would be specified in its construction permit for considered a minor change under its post-auction channel, whichever oc- § 73.3572(a)(1) and (2) or § 74.787(b) of this curs earlier, and in no event later than chapter. the end of the post-auction transition (iii) Delegation of authority. The Com- period as defined in § 27.4 of this chap- mission delegates authority to the ter. Chief, Media Bureau to: (5) Applications for additional time to (A) Announce filing opportunities for complete construction—(i) Delegation of alternate channels and expanded facili- authority. Authority is delegated to the ties applications and specifying appro- Chief, Media Bureau to grant a single priate processing guidelines, including extension of time of up to six months the standards to qualify for priority fil- to licensees of reassigned stations, ing, cut-off protections, and means to UHF-to-VHF stations, and High-VHF- avoid or resolve mutual exclusivity be- to-Low-VHF stations to complete con- tween applications; and struction of their post-auction channel (B) Establish construction periods for upon demonstration by the licensee permits authorizing alternate channels that failure to meet the construction or expanded facilities. deadline is due to circumstances that (3) License applications for channel are either unforeseeable or beyond the sharing stations. The licensee of each licensee’s control. Licensees needing channel sharee station and channel additional time beyond such a single sharer station must file an application extension of time to complete con- for a license for the shared channel struction shall be subject to the tolling using FCC Form 2100 Schedule B (for a provisions in § 73.3598. full power station) or F (for a Class A (ii) Circumstances that may justify station) within six months of the date an extension of the construction dead- that the channel sharee station li- line of a licensee of a reassigned sta- censee receives its incentive payment tion, a UHF-to-VHF station, or a High- pursuant to section 6403(a)(1) of the VHF-to-Low-VHF station include but Spectrum Act. are not limited to: (4) Deadlines to terminate operations on (A) Weather-related delays, including pre-auction channels. (i) The licensee of a tower location in a weather-sensitive a license relinquishment station must area; comply with the notification and can- (B) Delays in construction due to the cellation procedures in § 73.1750 and ter- unavailability of equipment or a tower minate operations on its pre-auction crew; channel within three months of the (C) Tower lease disputes; date that the licensee receives its in- (D) Unusual technical challenges, centive payment pursuant to section such as the need to construct a top- 6403(a)(1) of the Spectrum Act. mounted or side-mounted antenna or (ii) The licensee of a channel sharee the need to coordinate channel changes station and a licensee of a license re- with another station; and linquishment station that has indi- (E) Delays faced by licensees that cated in its Form 177 an intent to enter must obtain government approvals, into a post-auction channel sharing such as land use or zoning approvals, or agreement must comply with the noti- that are subject to competitive bidding fication and cancellation procedures in requirements prior to purchasing § 73.1750 and terminate operations on equipment or services. its pre-auction channel within six (iii) A licensee of a reassigned sta- months of the date that the licensee re- tion, UHF-to-VHF station, or High- ceives its incentive payment pursuant VHF-to-Low-VHF station may rely on to section 6403(a)(1) of the Spectrum ‘‘financial hardship’’ as a criterion for Act. seeking an extension of time if it is (iii) All reassigned stations, UHF-to- subject to an active bankruptcy or re- VHF stations, and High-VHF-to-Low- ceivership proceeding, provided that VHF stations must cease operating on the licensee makes an adequate show- their pre-auction channel once such ing that it has filed requests to proceed station begins operating on its post- with construction in the relevant court

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proceedings. Any other licensee that auction channel assignment; and ex- seeks an extension of time based on fi- plain how viewers may obtain more in- nancial hardship must demonstrate formation by telephone or online. that, although it is not subject to an (5) Transition PSAs. (i) Each PSA active bankruptcy or receivership pro- must have a duration of at least 15 sec- ceeding, rare and exceptional financial onds. 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;

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(iv) Stream identification informa- (ii) MVPDs in order to continue to tion for channel sharing stations; and carry the signal of a full power or Class (v) Engineering staff contact infor- A broadcast television station that is: mation. (A) Described in paragraph (e)(1)(i) of (3) Should any of the information in this section; (d)(2) of this section change during the (B) A UHF-to-VHF station; time that the station is transitioning (C) A High-VHF-to-Low-VHF station; from its pre-auction to its post-auction or channel, an amended notification must (D) A channel sharee station. be sent. (2) Estimated costs. (i) No later than three months following the release of (4) For cable systems, the notifica- the Channel Reassignment Public No- tion letter must be addressed to the tice, all broadcast television station li- system’s official address of record pro- censees and MVPDs that are eligible to vided in the cable system’s most recent receive payment of relocation costs filing in the Commission’s Cable Oper- will be required to file an estimated ations and Licensing System (COALS) cost form providing an estimate of Form 322. For all other MVPDs, the no- their reasonably incurred relocation tification letter must be addressed to costs. the official corporate address reg- (ii) Each broadcast television station istered with their State of incorpora- licensee and MVPD that submits an es- tion. timated cost form will be required to (5) Notification letters must be sent certify, inter alia, that: within the following time frames: (A) It believes in good faith that it (i) For license relinquishment sta- will reasonably incur all of the esti- tions, not less than 30 days prior to ter- mated costs that it claims as eligible minating operations; for reimbursement on the estimated (ii) For channel sharee stations, not cost form; less than 30 days prior to terminating (B) It will use all money received operations of the pre-auction channel; from the TV Broadcaster Relocation (iii) For channel sharee and channel Fund only for expenses it believes in sharer stations, not less than 30 days good faith are eligible for reimburse- prior to initiation of operations on the ment; shared channel; and (C) It will comply with all policies (iv) For reassigned stations, UHF-to- and procedures relating to allocations, VHF stations, and High-VHF-to-Low- draw downs, payments, obligations, VHF stations, not less than 90 days and expenditures of money from the prior to the date on which they will TV Broadcaster Relocation Fund; begin operations on their post-auction (D) It will maintain detailed records, channel. including receipts, of all costs eligible 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

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the estimated cost form, must submit receives final payment from the TV supporting evidence and certify that Broadcaster Relocation Fund. the estimate is made in good faith. (ii) Each broadcast television station (3) Final Allocation Deadline. (i) Upon licensee and MVPD that receives pay- completing construction or other reim- ment from the TV Broadcaster Reloca- bursable changes, or by a specific dead- tion Fund must make available all rel- line prior to the end of the Reimburse- evant documentation upon request ment Period to be established by the from the Commission or its contractor. 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.

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

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they are likely to cause harmful inter- (4) Channel sharing between commercial ference in areas where the wireless li- and noncommercial educational television censee intends to commence oper- stations. (i) A CSA may be executed be- ations, as defined in § 27.4 of this chap- tween commercial and NCE broadcast ter, in which case the requirements of television station licensees. paragraph (g)(4) of this section will (ii) The licensee of an NCE station apply. operating on a reserved channel under (h) Channel sharing operating rules. (1) § 73.621 that becomes a party to a CSA, Each broadcast television station li- either as a channel sharee station or as censee that is a party to a CSA shall a channel sharer station, will retain its continue to be licensed and operated NCE status and must continue to com- separately, have its own call sign, and ply with § 73.621. be separately subject to all of the Com- (iii) If the licensee of an NCE station mission’s obligations, rules, and poli- operating on a reserved channel under cies applicable to the television serv- § 73.621 becomes a party to a CSA, ei- ice. ther as a channel sharee station or as a (2) Upon termination of the license of channel sharer station, the portion of a party to a CSA, the spectrum usage the shared television channel on which rights covered by that license may re- the NCE station operates shall be re- vert to the remaining parties to the served for NCE-only use. CSA. Such reversion shall be governed 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, tions. and modification of facilities, includ- (ii) A Class A channel sharee station ing a list of all relevant equipment, a licensee that is a party to a CSA with description of each party’s financial a full power channel sharer station li- obligations, and any relevant notice censee must comply with the rules of provisions; part 73 governing power levels and in- (D) Transfer/assignment of a shared terference, and must comply in all license, including the ability of a new other respects with the rules and poli- licensee to assume the existing CSA; cies applicable to Class A television and stations, as set forth in §§ 73.6000 et seq. (iii) A full power channel sharee sta- (E) Termination of the license of a tion licensee that is a party to a CSA party to the CSA, including reversion with a Class A channel sharer station of spectrum usage rights to the re- licensee must comply with the rules of maining parties to the CSA. part 74 of this chapter governing power (ii) CSAs must include provisions: levels and interference. (A) Affirming compliance with the (iv) A Class A channel sharee station requirements in paragraph (h)(5) of this may qualify only for the cable carriage section and all relevant Commission rights afforded to ‘‘qualified low power rules and policies; and television stations’’ in § 76.56(b)(3) of (B) Requiring that each channel shar- this chapter. ing licensee shall retain spectrum

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usage rights adequate to ensure a suffi- (3) For purposes of this section, the cient amount of the shared channel ca- following definitions apply: pacity to allow it to provide at least (i) Co-channel operations in the 600 one Standard Definition (SD) program MHz band are defined as operations of stream at all times. broadcast television stations and wire- (6) If the rights under a CSA are less services where their assigned chan- transferred or assigned, the assignee or nels or frequencies spectrally overlap. the transferee must comply with the (ii) Adjacent channel operations are terms of the CSA. If the transferee or defined as operations of broadcast tele- assignee and the licensees of the re- vision stations and wireless services maining channel sharing station or where their assigned channels or fre- stations agree to amend the terms of quencies spectrally abut each other or the existing CSA, the agreement may are separated by up to 5 MHz. be amended, subject to Commission ap- [79 FR 48539, Aug. 15, 2014, as amended at 79 proval. FR 76914, Dec. 23, 2014; 80 FR 46846, Aug. 6, (7) Preservation of carriage rights. A 2015; 80 FR 67342, 67346, Nov. 2, 2015; 80 FR channel sharee station that possessed 71743, Nov. 17, 2015; 81 FR 4975, Jan. 29, 2016] carriage rights under section 338, 614, or 615 of the Communications Act of § 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the trans- 1934 (47 U.S.C. 338; 534; 535) on Novem- mission of obscene and indecent ber 30, 2010, shall have, at its shared lo- material). cation, the carriage rights under such section that would apply to such sta- (a) No licensee of a radio or tele- tion at the shared location if it were vision broadcast station shall broad- not sharing a channel. cast any material which is obscene. (b) No licensee of a radio or tele- (i) A broadcast television station li- vision broadcast station shall broad- censed in the 600 MHz band, as that cast on any day between 6 a.m. and 10 band is defined in section 27.5(l)— p.m. any material which is indecent. (1) Shall not be permitted to modify its facilities, except as provided in [60 FR 44439, Aug. 28, 1995] paragraph (b)(1)(ii) of this section, if such modification will expand its noise § 73.4000 Listing of FCC policies. limited service contour (in the case of The following sections list, solely for a full power station) or protected con- the purpose of reference and conven- tour (in the case of a Class A station) ience, certain Policies of the FCC. The in such a way as to: present listing of FCC policies and ci- (i) Increase the potential of harmful tations thereto should not be relied interference to a wireless licensee upon as an all-inclusive list, and the which is co-channel or adjacent chan- failure to include a policy in this list nel to the broadcast television station; does not affect its validity. Each sec- or tion bears the title of one Policy and (ii) Require such a wireless licensee the citations which will direct the user to restrict its operations in order to to the specific document(s) pertaining avoid causing harmful interference to to that Policy. the broadcast television station’s ex- [44 FR 36387, June 22, 1979] panded noise limited service or protected contour; § 73.4005 Advertising—refusal to sell. (2) Shall be permitted to modify its See 412 U.S. 94 (Supreme Court, 1973). facilities, even when prohibited by paragraph (i)(1) of this section, if all [44 FR 36388, June 22, 1979] the wireless licensees in paragraph § 73.4015 Applications for AM and FM (i)(1) who either will experience an in- construction permits, incomplete or crease in the potential for harmful in- defective. terference or must restrict their oper- See Public Notice, FCC 84–366, dated ations in order to avoid causing inter- August 2, 1984, 49 FR 47331, December 3, ference agree to permit the modifica- 1984. tion and the modification otherwise meets all the requirements in this part; [49 FR 50048, Dec. 26, 1984]

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§ 73.4017 Application processing: Com- § 73.4082 Comparative broadcast hear- mercial FM stations. ings—specialized programming for- mats. See Report and Order, MM Docket 84– 750, FCC 85–125, adopted March 4, 1985. (a) See Memorandum Opinion and 50 FR 19936, May 13, 1985. Order, FCC 80–33, adopted January 30, 1980. 75 FCC 2d 721. [59 FR 52086, Oct. 14, 1994] (b) See Report and Order, Docket 79– 137, FCC 79–331, adopted June 1, 1979. 72 § 73.4045 Barter agreements. FCC 2d 202. See Order, FCC 72–167, adopted Feb- (c) See Memorandum Opinion and ruary 16, 1972. 33 FCC 2d 653; 37 FR 4009, Order, FCC 79–206, adopted March 30, February 25, 1972. 1979. 71 FCC 2d 460. [44 FR 36388, June 22, 1979] [47 FR 3792, Jan. 27, 1982]

§ 73.4050 Children’s TV programs. § 73.4091 Direct broadcast satellites. (a) See Report and Order, General (a) See Report and Policy Statement, Docket 80–603, FCC 82–285, adopted Docket 19142, FCC 74–1174, adopted Oc- June 23, 1982. 90 FCC 2d 676; 47 FR 31555, tober 24, 1974. 50 FCC 2d 1; 39 FR 39396, July 21, 1982. November 6, 1974. (b) See Memorandum Opinion and (b) See Report and Order; Policy Order, FCC 82–427, adopted September Statement, Docket 19142, FCC 83–609, 23, 1982. 91 FCC 2d. adopted December 22, 1983. 96 FCC 2d (c) See Memorandum Opinion and 634; 49 FR 1704, January 13, 1984. Order, FCC 82–498, adopted November 4, (c) See Report and Order, MM Dock- 1982. 91 FCC 2d. ets 90–570 and 83–670, FCC 91–113, adopt- [48 FR 9012, Mar. 3, 1983] ed April 9, 1991. 6 FCC Rcd 2111; 56 FR 19611, April 19, 1991; Memorandum § 73.4094 Dolby encoder. Opinion and Order, MM Dockets 90–570 See Public Notice dated July 10, 1974, and 83–670, FCC 91–248, adopted August 72 FCC 2d 790. 1, 1991. 6 FCC Rcd 5093; 56 FR 42707, Au- gust 29, 1991. [45 FR 6403, Jan. 28, 1980] [49 FR 14509, Apr. 12, 1984, as amended at 59 § 73.4095 Drug lyrics. FR 52086, Oct. 14, 1994] (a) See Public Notice, FCC 71–205, dated March 5, 1971. 28 FCC 2d 409; 36 § 73.4055 Cigarette advertising. FR 4901, March 13, 1971. See 15 U.S.C. 1335. (b) See Memorandum Opinion and Order, FCC 71–428, adopted April 16, [44 FR 36388, June 22, 1979] 1971. 31 FCC 2d 377; 36 FR 8090, April 29, § 73.4060 Citizens agreements. 1971. (a) See Report and Order, Docket [44 FR 36388, June 22, 1979] 20495, FCC 75–1359, adopted December § 73.4097 EBS (now EAS) attention sig- 10, 1975. 57 F.C.C. 2d 42; 40 F.R. 49730, nals on automated programing sys- December 30, 1975. tems. (b) See Memorandum Opinion and See Public Notice dated March 1, Order, FCC 78–875, adopted December 1979. 72 FCC 2d 788; 44 FR 17792, March 21, 1978. 70 F.C.C. 2d 1672. 23, 1979. [44 FR 58720, Oct. 11, 1979] [49 FR 50049, Dec. 26, 1984, as amended at 59 FR 67103, Dec. 28, 1994] § 73.4075 Commercials, loud. See Memorandum Opinion and Order, § 73.4099 Financial qualifications, certification of. BC Docket 79–168, FCC 84–300, adopted June 27, 1984. 49 FR 28077, July 10, 1984. See Public Notice, FCC 87–97, adopted March 19, 1987. 52 FR 17333, May 7, 1987. [49 FR 38132, Sept. 27, 1984] [53 FR 2499, Jan. 28, 1988]

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§ 73.4100 Financial qualifications; new § 73.4110 Format changes of stations. AM and FM stations. See Memorandum Opinion and Order, See Public Notice, FCC 78–556, dated Docket 20682, FCC 76–744, adopted July August 2, 1978. 69 FCC 2d 407; 43 FR 28, 1976. 60 FCC 2d 858; 41 FR 37153, Sep- 34841, August 7, 1978. tember 2, 1976. [44 FR 36388, June 22, 1979] [44 FR 36388, June 22, 1979]

§ 73.4101 Financial qualifications, TV § 73.4135 Interference to TV reception stations. by FM stations. See Public Notice, FCC 79–299, dated See Public Notice, FCC 67–1012, dated May 11, 1979. 72 F.C.C. 2d 784; 44 FR August 30, 1967, 74 FCC 2d 619. 29160, May 18, 1979. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, [45 FR 6403, Jan. 28, 1980] 1068, 1082 (47 U.S.C. 154, 155, 303)) [44 FR 36388, June 22, 1979, as amended at 45 § 73.4102 FAA communications, broad- FR 28142, Apr. 28, 1980; 49 FR 45154, Nov. 15, cast of. 1984; 50 FR 5073, Feb. 6, 1985; 51 FR 26251, July 22, 1986] See Public Notice, FCC 72–105, dated February 2, 1972. 37 FR 3567, February § 73.4140 Minority ownership; tax cer- 17, 1972. tificates and distress sales. [45 FR 6403, Jan. 28, 1980] (a) See Public Notice, FCC 78–322, dated May 25, 1978. 68 FCC 2d 979; 43 FR § 73.4104 FM assignment policies and 25188, June 9, 1978. procedures. (b) See Public Notice, FCC 78–725, See Report and Order, BC Docket 80– dated October 11, 1978. 43 FR 47612, Oc- 130, FCC 82–240, adopted May 20, 1982. 90 tober 16, 1978. FCC 2d, 88; 47 FR 26625, June 21, 1982. (c) See Policy Statement, General Docket 82–797, FCC 82–523, adopted De- [47 FR 54448, Dec. 3, 1982] cember 2, 1982. 92 FCC 2d 849; 48 FR 5943, February 9, 1983. § 73.4107 FM broadcast assignments, (d) See Report and Order, General increasing availability of. Docket 82–797, FCC 84–647, adopted De- (a) See, First Report and Order MM cember 21, 1984. 99 FCC 2d 1249; 50 FR Docket 84–231, FCC 84–640, adopted De- 1239, January 10, 1985. cember 19, 1984. 100 FCC 2d 1332; 50 FR 3514, January 25, 1994. [44 FR 36388, June 22, 1979, as amended at 49 FR 38132, Sept. 27, 1984; 49 FR 50049, Dec. 26, (b) See, Second Report and Order, 1984; 50 FR 47055, Nov. 14, 1985; 52 FR 11656, MM Docket 84–231, FCC 85–124, adopted Apr. 10, 1987] March 14, 1985. 101 FCC 2d 630; 50 FR 15558, April 19, 1985. § 73.4154 Network/AM, FM station af- (c) See, Memorandum Opinion and filiation agreements. Order, MM Docket 84–231, FCC 86–76, See Report, Statement of Policy, and adopted February 10, 1986. 51 FR 9210, Order, Docket 20721, FCC 77–206, adopt- March 18, 1986. ed March 10, 1977. 63 FCC 2d 674. (d) See Public Notice, 51 FR 26009, July 18, 1986. [47 FR 28388, June 30, 1982] [51 FR 26251, July 22, 1986, as amended at 52 § 73.4157 Network signals which ad- FR 11656, Apr. 10, 1987; 59 FR 52086, Oct. 14, versely affect affiliate broadcast 1994] service. See Public Notice, FCC 79–387, dated § 73.4108 FM transmitter site map sub- April 20, 1970. 22 F.C.C. 2d 779. missions. [45 FR 6403, Jan. 28, 1980] See Memorandum Opinion and Order and Public Notice, adopted October 24, § 73.4163 Noncommercial nature of 1986. 1 FCC Rcd 381 (1986); 51 FR 45945, educational broadcast stations. December 23, 1986. (a) See Second Report and Order, BC [52 FR 11656, Apr. 10, 1987] Docket 21136, FCC 81–204, adopted April

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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. adopted March 28, 1984. 97 FCC 2d 255; 49 (d) See ‘‘Memorandum of Under- FR 13534, April 5, 1984. standing between the Federal Commu- (d) See, Public Notice, FCC 86–161, nications Commission and the Depart- dated April 11, 1986. 51 FR 21800, June ment of Justice concerning Complaints 16, 1986. Excerpt reprinted at 7 FCC Rcd and Cases Involving Obscenity and In- 827. decency,’’ released April 9, 1991. See (e) See Memorandum Opinion and Order, FCC 90–111, adopted March 28, also News Release dated April 19, 1991. 1990. 5 FCC Rcd 4920. [59 FR 52087, Oct. 14, 1994] [47 FR 54448, Dec. 3, 1982, as amended at 51 FR 26251, July 22, 1986; 59 FR 52087, Oct. 14, § 73.4180 Payment disclosure: Payola, 1994] plugola, kickbacks. (a) See 47 U.S.C. 507. § 73.4165 Obscene language. (b) See Public Notice, FCC 70–593, (a) See FCC v. Pacifica Foundation, dated June 4, 1970. 23 FCC 2d 588; 35 FR 438 U.S. 726, 57 L.Ed 2d 1073, 46 U.S.L.W. 9045, June 11, 1970. 5018 (1978). See also Action for Children’s (c) See Public Notice, FCC 88–175, Television v. FCC, 852 F.2d 1332 (D.C. dated May 18, 1988. Cir. 1988). (b) See Action for Children’s Television [44 FR 36389, June 22, 1979, as amended at 49 v. FCC, [ACT III] 11 F.3d 170 (D.C. Cir. FR 20504, May 15, 1984; 59 FR 52087, Oct. 14, 1993). See also, Action for Children’s Tel- 1994] evision v. FCC, [ACT IV] 15 F.3d 186 § 73.4185 Political broadcasting and (D.C. Cir. 1994), rehearing granted, en telecasting, the law of. banc. (c) See Report and Order, GC Docket (a) See ‘‘The Law of Political Broad- 92–223, FCC 93–42, adopted January 19, casting and Cablecasting: Political 1993. 8 FCC Rcd 704; 58 FR 5937, January Primer 1984,’’ 100 FCC 2d 1476 (1984). 25, 1993. (b) See Report and Order, MM Docket (d) See Memorandum Opinion and 91–168, FCC 91–403, adopted December Order, FCC 93–246, adopted May 11, 1993, 12, 1991. 7 FCC Rcd 678; 57 FR 189, Janu- 8 FCC Rcd 3600. ary 3, 1992; Memorandum Opinion and (e) See Letter to Rusk Corporation, Order, MM Docket 91–168, FCC 92–210, dated May 6, 1993, FCC 93–229, 8 FCC adopted May 14, 1992. 7 FCC Rcd 4611; 57 Rcd 3228. FR 27705, June 22, 1992. (f) See Memorandum Opinion and Order, FCC 93–4, adopted January 5, [59 FR 52087, Oct. 14, 1994] 1993. 8 FCC Rcd 498 (g) See Branton v. FCC, 993 F.2d 906 § 73.4190 Political candidate authorization notice and sponsorship (D.C. Cir. 1993). identification. (h) See Memorandum Opinion and Order, DA 91–557, adopted April 30, 1991. (a) See Joint Public Notice by the 6 FCC Rcd 2560. Federal Communications Commission and the Federal Election Commission, [59 FR 52087, Oct. 14, 1994] FCC 78–419, dated June 19, 1978. 69 FCC § 73.4170 Obscene broadcasts. 2d 1129; 43 FR 30126, July 13, 1978. (b) See Memorandum Opinion and (a) See Miller v. California, 413 U.S.C. Order, FCC 92–55, adopted February 12, 15 (1973). See also Pope v. Illinois, 107 1992. 7 FCC Rcd 1616. S.Ct. 1918 (1987). 18 U.S.C. 1464. (b) See Memorandum Opinion and [44 FR 36389, June 22, 1979, as amended at 59 Order, MM Docket 83–575, FCC 88–4, FR 52087, Oct. 14, 1994]

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§ 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 FR 52087, Oct. 14, 1994] [44 FR 36389, June 22, 1979] § 73.4260 Teaser announcements. § 73.4210 Procedure Manual: ‘‘The Pub- lic and Broadcasting’’. See Public Notice, FCC 62–592, dated See FCC 74–942, dated September 5, June 1, 1962. 27 FR 5274, June 5, 1962. 1974. 49 FCC 2d 1; 39 FR 32288, dated [44 FR 36389, June 22, 1979] September 5, 1974. § 73.4265 Telephone conversation [44 FR 36389, June 22, 1979] broadcasts (network and like sources). § 73.4215 Program matter: Supplier identification. See Memorandum Opinion and Order, FCC 75–1406, adopted December 18, 1975. See Public Notice, FCC 73–595, dated 57 FCC 2d, 334; 41 FR 816, January 5, June 1, 1973. 41 FCC 2d 333; 38 FR 14979, 1976. June 7, 1973. [44 FR 36389, June 22, 1979] [44 FR 36389, June 22, 1979]

§ 73.4242 Sponsorship identification § 73.4266 Tender offer and proxy state- rules, applicability of. ments. See Public Notice dated September 3, See Policy Statement, MM Docket 85– 1975, 40 FR 41936, September 9, 1975. 218, FCC 86–67, adopted January 30, 1986. 51 FR 9794, March 21, 1986. [47 FR 28388, June 30, 1982] [51 FR 26251, July 22, 1986] § 73.4246 Stereophonic pilot subcarrier use during monophonic program- § 73.4267 Time brokerage. ming. (a) See Policy Statement, Docket 78– See Report and Order, Docket 19571, 355, FCC 80–621, adopted October 21, FCC 73–680, adopted June 21, 1973. 41 1980. 82 FCC 2d 107. FCC 2d 534; 38 FR 17021, June 28, 1973. (b) See Report and Order, MM Docket 91–140, FCC 92–97, adopted March 12, [47 FR 3792, Jan. 27, 1982] 1992. 7 FCC Rcd 2755; 57 FR 18089, April 29, 1992. § 73.4247 STV: Competing applications. (c) See Memorandum Opinion and See Second Report and Order, Docket Order and Further Notice of Proposed 21502, FCC 81–13, adopted January 8, Rule Making, MM Docket 91–140, FCC 1981. 85 FCC 2d 631; 46 FR 19937, April 2, 92–361, adopted August 5, 1992. 7 FCC 1981. Rcd 6387; 57 FR 42701, September 16, [47 FR 3792, Jan. 27, 1982] 1992. [47 FR 3792, Jan. 27, 1982, as amended at 59 § 73.4250 Subliminal perception. FR 52087, Oct. 14, 1994] (a) See Public Notice, FCC 74–78, dated January 24, 1974. 44 FCC 2d, 1016; § 73.4275 Tone clusters; audio atten- 39 FR 3714, January 29, 1974. tion-getting devices. (b) See FCC Information Bulletin, See Public Notice, FCC 76–610, dated ‘‘Subliminal Projection’’, dated No- July 2, 1976. 60 FCC 2d 920; 41 FR 28582, vember 1977. July 12, 1976. [44 FR 36389, June 22, 1979] [44 FR 36389, June 22, 1979]

§ 73.4255 Tax certificates: Issuance of. § 73.4280 Character evaluation of (a) See Public Notice, FCC 76–337, broadcast applicants. dated April 21, 1976. 59 FCC 2d, 91; 41 FR (a) See Report and Order and Policy 17605, April 27, 1976. Statement, Gen. Docket 81–500, BC

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Docket 78–108, FCC 85–648, adopted De- also are not subject to competitive bid- cember 10, 1985. 102 FCC 2d 1179; 51 FR ding procedures. 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. (c) See Memorandum Opinion and § 73.5001 [Reserved] Order, FCC 91–146, adopted May 1, 1991. § 73.5002 Application and certification 6 FCC Rcd 3448, 56 FR 25633, June 5, procedures; return of mutually ex- 1991. clusive applications not subject to (d) See Memorandum Opinion and competitive bidding procedures; Order, FCC 92–448, adopted September prohibition of collusion. 18, 1992. 7 FCC Rcd 6564, 57 FR 47410, Oc- (a) Prior to any broadcast service tober 16, 1992. auction, the Commission will issue a public notice announcing the upcoming [59 FR 52087, Oct. 14, 1994] auction and specifying the period during which all applicants seeking to par- Subpart I—Procedures for Com- ticipate in an auction, and all appli- petitive Bidding and for Appli- cants for noncommercial educational cations for Noncommercial broadcast stations, as described in 47 U.S.C. 397(6), on non-reserved channels, Educational Broadcast Sta- must file their applications for new tions on Non-Reserved Chan- broadcast facilities or for major nels changes to existing facilities. Broad- cast service applications for new facili- SOURCE: 63 FR 48629, Sept. 11, 1998, unless ties or for major modifications will be otherwise noted. accepted only during these specified periods. This initial and other public § 73.5000 Services subject to competi- notices will contain information about tive bidding. the completion and submission of applications to participate in the broad- (a) Mutually exclusive applications cast auction, and applications for non- for new facilities and for major commercial educational broadcast sta- changes to existing facilities in the fol- tions, as described in 47 U.S.C. 397(6), lowing broadcast services are subject on non-reserved channels, as well as to competitive bidding: AM; FM; FM any materials that must accompany translator; analog television; low- the applications, and any filing fee power television; television translator; that must accompany the applications and Class A television. Mutually exclu- or any upfront payments that will need sive applications for minor modifica- to be submitted. Such public notices tions of Class A television and tele- will also, in the event mutually exclu- vision broadcast are also subject to sive applications are filed for broadcast competitive bidding. The general com- construction permits that must be repetitive bidding procedures set forth in solved through competitive bidding, part 1, subpart Q of this chapter will contain information about the method apply unless otherwise provided in part of competitive bidding to be used and 73 or part 74 of this chapter. more detailed instructions on submit- (b) Mutually exclusive applications ting bids and otherwise participating in the auction. In the event applica- for broadcast channels in the reserved tions are submitted that are not mutu- portion of the FM band (Channels 200– ally exclusive with any other applica- 220) and for television broadcast chan- tion in the same service, or in the nels reserved for noncommercial edu- event that any applications that are cational use are not subject to com- submitted that had been mutually ex- petitive bidding procedures. Applica- clusive with other applications in the tions for noncommercial educational same service are resolved as a result of broadcast stations, as described in 47 the dismissal or modification of any U.S.C. 397(6), on non-reserved channels applications, the non-mutually exclusive applications will be identified by

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