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sole noncommercial educational FM station license also must include a public interest justification Dismissal of any one of the related applications as unacceptable will result in the dismissal of all the related applications Note 1 No application to move to a frequency in the 1605 1705 kHz band may be part of any package of contingent applications associated with a voluntary agreement Note 2 In cases where no modified proposal is filed pursuant to paragraph d of this section the Commission will grant the application resulting in the greatest net interference reduction 44 FR 38487 July 2 1979 as amended at 45 FR 41152 June 18 1980 52 FR 5294 Feb 20 1987 53 FR 36787 Sept 22 1988 56 FR 64873 Dec 12 1991 64 FR 19501 Apr 21 1999 73 3518 Inconsistent or conflicting applications While an application is pending and undecided no subsequent inconsistent or conflicting application may be filed by or on behalf of or for the benefit of the same applicant successor or assignee 44 FR 38487 July 2 1979 73 3519 Repetitious applications Link to an amendment published at 89 FR 7258 Feb 1 2024 a Where the FCC has denied an application for a new station or for any modification of services or facilities or dismissed such application with prejudice no like application involving service of the same kind for substantially the same area by substantially the same applicant or his successor or assignee or on behalf or for the benefit of the original parties in interest may be filed within 12 months from the effective date of the FCC s action However applicants whose applications have been denied in a comparative hearing may apply immediately for another available facility 47 CFR 73 3519 a enhanced display page 420 of 580 47 CFR | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Part 73 up to date as of 2 20 2024 47 CFR 73 3519 b Radio Broadcast Services b Where an appeal has been taken from the action of the FCC in denying a particular application another application for the same class of broadcast station and for the same area in whole or in part filed by the same applicant or his successor or assignee or on behalf of or for the benefit of the original parties in interest will not be considered until final disposition of such appeal 44 FR 38488 July 2 1979 73 3520 Multiple applications Where there is one application for new or additional facilities pending no other application for new or additional facilities for a station of the same class to serve the same community may be filed by the same applicant or successor or assignee or on behalf of or for the benefit of the original parties in interest Multiple applications may not be filed simultaneously 44 FR 38488 July 2 1979 73 3521 Mutually exclusive applications for low power television television translators and television booster stations Link to an amendment published at 89 FR 7258 Feb 1 2024 When there is a pending application for a new low power television television translator or television booster station or for major changes in an existing station no other application which would be directly mutually exclusive with the pending application may be filed by the same applicant or by any applicant in which any individual in common with the pending application has any interest direct or indirect except that interests or less than 1 will not be considered 52 FR 31400 Aug 20 1987 73 3522 Amendment of applications a Broadcast services subject to competitive bidding 1 Applicants in all broadcast services subject to competitive bidding | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
will be subject to the provisions of 73 5002 and 1 2105 b regarding the modification of their short form applications 2 Subject to the provision of 73 5005 if it is determined that a long form application submitted by a winning bidder or a non mutually exclusive applicant for a new station or a major change in an existing station in all broadcast services subject to competitive bidding is substantially complete but contains any defect omission or inconsistency a deficiency letter will be issued affording the applicant an opportunity to correct the defect omission or inconsistency Amendments may be filed pursuant to the deficiency letter curing any defect omission or inconsistency identified by the Commission or to make minor modifications to the application or pursuant to 1 65 Such amendments should be filed in accordance with 73 3513 If a petition to deny has been filed the amendment shall be served on the petitioner 47 CFR 73 3522 a 2 enhanced display page 421 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3522 a 3 Radio Broadcast Services 3 Subject to the provisions of 73 3571 73 3572 and 73 3573 deficiencies omissions or inconsistencies in long form applications may not be cured by major amendment The filing of major amendments to long form applications is not permitted An application will be considered to be newly filed if it is amended by a major amendment 4 Paragraph a of this section is not applicable to applications for minor modifications of facilities in the non reserved FM broadcast service nor to any application for a reserved band FM station b Reserved Channel FM and reserved noncommercial educational television stations Applications may be amended after Public Notice announcing a period for filing | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
amendments Amendments when applicable are subject to the provisions of 73 3514 73 3525 73 3572 73 3573 73 3580 and 1 65 of this chapter Unauthorized or untimely amendments are subject to return by the FCC s staff without consideration Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to 1 65 of this chapter or 73 3514 1 A 73 7002 Selectee A Public Notice will announce that the application of a 73 7002 Selectee selected based on fair distribution has been found acceptable for filing If any Selectee s application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application All amendments filed in accordance with this paragraph must be minor and must not alter the 73 7002 preference 2 A 73 7003 Tentative Selectee A Public Notice will announce that the application of a 73 7003 Tentative Selectee selected through a point system has been found acceptable for filing If any Tentative Selectee s application is determined unacceptable the application will be returned and the Tentative Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application All amendments filed in accordance with this paragraph must be minor and must claim the same number of qualitative points as originally claimed or more points than claimed by the applicant with the next highest point total 3 A Public Notice will identify all other reserved channel applications such as non mutually exclusive applications and the sole remaining application after a settlement among mutually exclusive applications If any such application is determined unacceptable the application | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
will be returned and the applicant will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application All amendments filed in accordance with this paragraph must be minor c Minor modifications of facilities in the non reserved FM broadcast service 1 Subject to the provisions of 73 3525 73 3573 and 73 3580 for a period of 30 days following the FCC s issuance of a Public Notice announcing the tender of an application for minor modification of a non reserved band FM station other than Class D stations minor amendments may be filed as a matter of right 2 For applications received on or after August 7 1992 an applicant whose application is found to meet minimum filing requirements but nevertheless is not complete and acceptable shall have the opportunity during the period specified in the FCC staff s deficiency letter to correct all deficiencies in the tenderability and acceptability of the underlying application including any deficiency not specifically identified by the staff For minimum filing requirements see 73 3564 a Examples of tender defects appear at 50 FR 19936 at 19945 46 May 13 1985 reprinted as Appendix D Report and Order MM Docket No 91 347 7 FCC Rcd 5074 5083 88 1992 For examples of acceptance defects see 49 FR 47331 Prior to the end of the period specified in the deficiency letter a 47 CFR 73 3522 c 2 enhanced display page 422 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3522 c 3 Radio Broadcast Services submission seeking to correct a tender and or acceptance defect in an application meeting minimum filing requirements will be treated as an amendment for good cause if it would successfully and | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
directly correct the defect Other amendments submitted prior to grant will be considered only upon a showing of good cause for late filing or pursuant to 1 65 or 73 3514 3 Unauthorized or untimely amendments are subject to return by the Commission without consideration However an amendment to a non reserved band application will not be accepted if the effect of such amendment is to alter the proposed facility s coverage area so as to produce a conflict with an applicant who files subsequent to the initial applicant but prior to the amendment application Similarly an applicant subject to first come first serve processing will not be permitted to amend its application and retain filing priority if the result of such amendment is to alter the facility s coverage area so as to produce a conflict with an applicant which files subsequent to the initial applicant but prior to the amendment Note 1 to 73 3522 When two or more broadcast applications are tendered for filing which are mutually exclusive with each other but not in conflict with any previously filed applications which have been accepted for filing the FCC where appropriate will announce acceptance of the earliest tendered application and place the later filed application or applications on a subsequent public notice of acceptance for filing in order to establish a deadline for the filing of amendments as a matter of right for all applicants in the group 63 FR 48623 Sept 11 1998 as amended at 65 FR 36378 June 8 2000 73 3523 Dismissal of applications in renewal proceedings Link to an amendment published at 89 FR 7258 Feb 1 2024 a An applicant for construction permit that has filed an application that is mutually exclusive with an application for renewal of a license of an | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
AM FM or television station hereinafter competing applicant filed on or before May 1 1995 and seeks to dismiss or withdraw its application and thereby remove a conflict between applications pending before the Commission must obtain the approval of the Commission b If a competing applicant seeks to dismiss or withdraw its application prior to the Initial Decision stage of the hearing on its application it must submit to the Commission a request for approval of the dismissal or withdrawal of its application a copy of any written agreement related to the dismissal or withdrawal of its application and an affidavit setting forth 1 A certification that neither the applicant nor its principals has received or will receive any money or other consideration in exchange for dismissing or withdrawing its application 2 A statement that its application was not filed for the purpose of reaching or carrying out an agreement with any other applicant regarding the dismissal or withdrawal of its application and 3 The terms of any oral agreement relating to the dismissal or withdrawal of its application In addition within 5 days of the applicant s request for approval each remaining competing applicant and the renewal applicant must submit an affidavit setting forth 47 CFR 73 3523 b 3 enhanced display page 423 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3523 b 4 Radio Broadcast Services 4 A certification that neither the applicant nor its principals has paid or will pay any money or other consideration in exchange for the dismissal or withdrawal of the application and 5 The terms of any oral agreement relating to the dismissal or withdrawal of the application c If a competing applicant seeks to dismiss or withdraw its application after the Initial | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Decision stage of the hearing on its application it must submit to the Commission a request for approval of the dismissal or withdrawal of its application a copy of the any written agreement related to the dismissal or withdrawal and an affidavit setting forth 1 A certification that neither the applicant nor its principals has received or will receive any money or other consideration in excess of the legitimate and prudent expenses of the applicant 2 The exact nature and amount of any consideration paid or promised 3 An itemized accounting of the expenses for which it seeks reimbursement 4 A statement that its application was not filed for the purpose of reaching or carrying out an agreement with any other applicant regarding the dismissal or withdrawal of its application and 5 The terms of any oral agreement relating to the dismissal or withdrawal of its application In addition within 5 days of the applicant s request for approval each remaining party to any written or oral agreement must submit an affidavit setting forth 6 A certification that neither the applicant nor its principals has paid or will pay money or other consideration in excess of the legitimate and prudent expenses of the withdrawing applicant in exchange for the dismissal or withdrawal of the application and 7 The terms of any oral agreement relating the dismissal or withdrawal of the application d For the purpose of this section 1 Affidavits filed pursuant to this section shall be executed by the applicant permittee or licensee if an individual a partner having personal knowledge of the facts if a partnership or an officer having personal knowledge of the facts if a corporation or association 2 An application shall be deemed to be pending before the Commission from the time an application is | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
filed with Commission until an order of the Commission granting or denying the application is no longer subject to reconsideration by the Commission or to review by any court 3 Legitimate and prudent expenses are those expenses reasonably incurred by an applicant in preparing filing and prosecuting its application 4 Other consideration consists of financial concessions including but not limited to the transfer of assets or the provision of tangible pecuniary benefit as well as nonfinancial concessions that confer any type of benefit on the recipient 54 FR 22598 May 25 1989 as amended at 61 FR 18291 Apr 25 1996 73 3525 Agreements for removing application conflicts Link to an amendment published at 89 FR 7258 Feb 1 2024 47 CFR 73 3525 enhanced display page 424 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3525 a Radio Broadcast Services a Except as provided in 73 3523 regarding dismissal of applications in comparative renewal proceedings whenever applicants for a construction permit for a broadcast station enter into an agreement to procure the removal of a conflict between applications pending before the FCC by withdrawal or amendment of an application or by its dismissal pursuant to 73 3568 all parties thereto shall within 5 days after entering into the agreement file with the FCC a joint request for approval of such agreement The joint request shall be accompanied by a copy of the agreement including any ancillary agreements and an affidavit of each party to the agreement setting forth 1 The reasons why it is considered that such agreement is in the public interest 2 A statement that its application was not filed for the purpose of reaching or carrying out such agreement 3 A certification that neither the applicant nor | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
its principals has received any money or other consideration in excess of the legitimate and prudent expenses of the applicant Provided That this provision shall not apply to bona fide merger agreements 4 The exact nature and amount of any consideration paid or promised 5 An itemized accounting of the expenses for which it seeks reimbursement and 6 The terms of any oral agreement relating to the dismissal or withdrawal of its application b Except where a joint request is filed pursuant to paragraph a of this section any applicant filing an amendment pursuant to 73 3522 b 1 and c or a request for dismissal pursuant to 73 3568 b 1 and c which would remove a conflict with another pending application or a petition for leave to amend pursuant to 73 3522 b 2 which would permit a grant of the amended application or an application previously in conflict with the amended application or a request for dismissal pursuant to 73 3568 b 2 shall file with it an affidavit as to whether or not consideration including an agreement for merger of interests has been promised to or received by such applicant directly or indirectly in connection with the amendment petition or request c Upon the filing of a petition for leave to amend or to dismiss an application for broadcast facilities which has been designated for hearing or upon the dismissal of such application on the FCC s own motion pursuant to 73 3568 each applicant or party remaining in hearing as to whom a conflict would be removed by the amendment or dismissal shall submit for inclusion in the record of that proceeding an affidavit stating whether or not he has directly or indirectly paid or promised consideration including an agreement for merger of interests in | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
connection with the removal of such conflict d Where an affidavit filed pursuant to paragraph c of this section states that consideration has been paid or promised the affidavit shall set forth in full all relevant facts including but not limited to the material listed in paragraph a of this section for inclusions in affidavits e Affidavits filed pursuant to this section shall be executed by the applicant permittee or licensee if an individual a partner having personal knowledge of the facts if a partnership or an officer having personal knowledge of the facts if a corporation or association f Requests and affidavits which relate to an application which has not been designated for hearing shall bear the file number of such application If the affiant is also an applicant the affidavit shall also bear the file number of affiant s pending application s Requests and affidavits which relate to an application which is designated for hearing shall bear the file number of that application and the hearing docket number and will be acted on by the presiding officer 47 CFR 73 3525 f enhanced display page 425 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3525 g Radio Broadcast Services g For the purposes of this section an application shall be deemed to be pending before the FCC and a party shall be considered to have the status of an applicant from the time an application is filed with the FCC until an order of the FCC granting or denying it is no longer subject to reconsideration by the FCC or to review by any court h For purposes of this section legitimate and prudent expenses are those expenses reasonably incurred by an applicant in preparing filing prosecuting and settling | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
its application for which reimbursement is being sought i For purposes of this section other consideration consists of financial concessions including but not limited to the transfer of assets or the provision of tangible pecuniary benefit as well as non financial concessions that confer any type of benefit on the recipient j For purposes of this section an ancillary agreement means any agreement relating to the dismissal of an application or settling of a proceeding including any agreement on the part of an applicant or principal of an applicant to render consulting services to another party or principal of another party in the poroceeding k The prohibition of collusion as set forth in 1 2105 c of this chapter and 73 5002 which becomes effective upon the filing of short form applications shall apply to all broadcast services subject to competitive bidding Note Although 74 780 of the Rules makes this section generally applicable to low power TV TV translators and TV booster stations paragraph b of this section shall not be applicable to such stations 56 FR 28097 June 19 1991 as amended at 63 FR 48624 Sept 11 1998 85 FR 46794 June 18 2020 73 3526 Online public inspection file of commercial stations a Responsibility to maintain a file The following shall maintain for public inspection a file containing the material set forth in this section 1 Applicants for a construction permit for a new station in the commercial broadcast services shall maintain a public inspection file containing the material relating to that station described in paragraphs e 2 and e 10 of this section A separate file shall be maintained for each station for which an application is pending If the application is granted paragraph a 2 of this section shall apply 2 Every permittee or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
licensee of an AM FM TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing the material relating to that station described in paragraphs e 1 through e 10 and paragraph e 13 of this section In addition every permittee or licensee of a commercial TV or Class A TV station shall maintain for public inspection a file containing material relating to that station described in paragraphs e 11 and e 15 of this section and every permittee or licensee of a commercial AM or FM station shall maintain for public inspection a file containing the material relating to that station described in paragraphs e 12 and e 14 of this section A separate file shall be maintained for each station for which an authorization is outstanding and the file shall be maintained so long as an authorization to operate the station is outstanding 47 CFR 73 3526 enhanced display page 426 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3526 Radio Broadcast Services b Location of the file The public inspection file shall be located as follows 1 An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license 2 i A television or radio station licensee or applicant shall place the contents required by paragraph e of this section of its public inspection file in the online public file hosted by the Commission ii A station must provide a link to the public inspection file hosted on the Commission s website from the home page of its own website if the station has a website and provide contact information on its website for a station representative that can | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
assist any person with disabilities with issues related to the content of the public files A station also is required to include in the online public file the station s address and telephone number and the email address of the station s designated contact for questions about the public file 3 The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files to the extent that the Commission has these items electronically authorizations applications contour maps ownership reports and related materials portions of the Equal Employment Opportunity file held by the Commission The Public and Broadcasting Letters of Inquiry and other investigative information requests from the Commission unless otherwise directed by the inquiry itself Children s television programming reports and DTV transition education reports In the event that the online public file does not reflect such required information the licensee will be responsible for posting such material c Access to material in the file For any applicant described in paragraph b 1 of this section that does not include all material described in paragraph e of this section in the online public file hosted by the Commission the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license The applicant must provide information regarding the location of the file or the applicable portion of the file within one business day of a request for such information All or part of the file may be maintained in a computer database as long as a computer terminal is made available at the location of the file to members of the public who wish to review the file Material | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
in the public inspection file shall be made available for printing or machine reproduction upon request made in person The applicant may specify the location for printing or reproduction require the requesting party to pay the reasonable cost thereof and may require guarantee of payment in advance e g by requiring a deposit obtaining credit card information or any other reasonable method Requests for copies shall be fulfilled within a reasonable period of time which generally should not exceed 7 days d Responsibility in case of assignment or transfer 1 In cases involving applications for consent to assignment of broadcast station construction permits or licenses with respect to which public notice is required to be given under the provisions of 73 3580 or 73 3594 the file mentioned in paragraph a of this section shall be maintained by the assignor If the assignment is consented to by the FCC and consummated the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC The assignee shall retain public file documents obtained from the assignor for the period required under these rules 47 CFR 73 3526 enhanced display page 427 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3526 Radio Broadcast Services 2 In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station the file mentioned in paragraph a of this section shall be maintained by the permittee or licensee e Contents of the file The material to be retained in the public inspection file is as follows 1 Authorization A copy of the current FCC authorization to construct or operate the station as well as any other documents necessary to | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
reflect any modifications thereto or any conditions that the FCC has placed on the authorization These materials shall be retained until replaced by a new authorization at which time a copy of the new authorization and any related materials shall be placed in the file 2 Applications and related materials A copy of any application tendered for filing with the FCC together with all related material and copies of Initial Decisions and Final Decisions in hearing cases pertaining thereto If petitions to deny are filed against the application and have been served on the applicant a statement that such a petition has been filed shall be maintained in the file together with the name and address of the party filing the petition Applications shall be retained in the public inspection file until final action has been taken on the application except that applications for a new construction permit granted pursuant to a waiver showing and applications for assignment or transfer of license granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect In addition license renewal applications granted on a short term basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term 3 i Citizen agreements A copy of every written citizen agreement These agreements shall be retained for the term of the agreement including any renewal or extension thereof ii For purposes of this section a citizen agreement is a written agreement between a broadcast applicant permittee or licensee and one or more citizens or citizen groups entered for primarily noncommercial purposes This definition includes those agreements that deal with goals or proposed practices directly or indirectly affecting station operations in the public interest in areas such as but | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
not limited to programming and employment It excludes common commercial agreements such as advertising contracts union employment and personal services contracts network affiliation syndication program supply contracts etc However the mere inclusion of commercial terms in a primarily noncommercial agreement such as a provision for payment of fees for future services of the citizen parties see Report and Order Docket 19518 57 FCC 2d 494 1976 would not cause the agreement to be considered commercial for purposes of this section 4 Contour maps A copy of any service contour maps submitted with any application tendered for filing with the FCC together with any other information in the application showing service contours and or transmitter location State county city street address or other identifying information These documents shall be retained for as long as they reflect current accurate information regarding the station 5 Ownership reports and related materials A copy of the most recent complete ownership report filed with the FCC for the station together with any statements filed with the FCC certifying that the current report is accurate and together with all related material These materials shall be retained until a new complete ownership report is filed with the FCC at which time a copy of the new report and any related materials shall be placed in the file The permittee or licensee must retain in the 47 CFR 73 3526 enhanced display page 428 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3526 Radio Broadcast Services public file either a copy of the station documents listed in 73 3613 a through c or an up to date list of such documents If the permittee or licensee elects to maintain an up to date list of such documents the list must | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
include all the information that the permittee or licensee is required to provide on ownership reports for each document including but not limited to a description of the document the parties to the document the month and year of execution the month and year of expiration and the document type e g network affiliation agreement articles of incorporation bylaws management consultant agreement with independent contractor Regardless of which of these two options the permittee or licensee chooses it must update the inventory of 73 3613 documents in the public file to reflect newly executed 73 3613 documents amendments supplements and cancellations within 30 days of execution thereof Licensees and permittees that choose to retain a list of 73 3613 documents must provide a copy of any 73 3613 document s to requesting parties within 7 days In maintaining copies of such documents in the public file or providing copies upon request confidential or proprietary information may be redacted where appropriate 6 Political file Such records as are required by 73 1943 to be kept concerning broadcasts by candidates for public office These records shall be retained for the period specified in 73 1943 2 years 7 Equal Employment Opportunity file Such information as is required by 73 2080 to be kept in the public inspection file These materials shall be retained until final action has been taken on the station s next license renewal application 8 The public and broadcasting At all times a copy of the most recent version of the manual entitled The Public and Broadcasting 9 Reserved 10 Material relating to FCC investigation or complaint Material having a substantial bearing on a matter which is the subject of an FCC investigation or complaint to the FCC of which the applicant permittee or licensee has been advised This | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
material shall be retained until the applicant permittee or licensee is notified in writing that the material may be discarded 11 i TV issues programs lists For commercial TV and Class A broadcast stations every three months a list of programs that have provided the station s most significant treatment of community issues during the preceding three month period The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter e g January 10 for the quarter October December April 10 for the quarter January March etc The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment The description of the programs shall include but shall not be limited to the time date duration and title of each program in which the issue was treated The lists described in this paragraph shall be retained in the public inspection file until final action has been taken on the station s next license renewal application ii Records concerning commercial limits For commercial TV and Class A TV broadcast stations records sufficient to permit substantiation of the station s certification in its license renewal application of compliance with the commercial limits on children s programming established in 47 U S C 303a and 73 670 The records for each calendar year must be filed by the thirtieth day of the succeeding calendar year These records shall be retained until final action has been taken on the station s next license renewal application 47 CFR 73 3526 enhanced display page 429 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3526 Radio Broadcast Services iii Children s television programming reports For commercial TV broadcast stations on an | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
annual basis a completed Children s Television Programming Report Report on FCC Form 2100 Schedule H reflecting efforts made by the licensee during the preceding year to serve the educational and informational needs of children The Report is to be electronically filed with the Commission by the thirtieth 30 day of the succeeding calendar year A copy of the Report will also be linked to the station s online public inspection file by the FCC The Report shall identify the licensee s educational and informational programming efforts including programs aired by the station that are specifically designed to serve the educational and informational needs of children The Report shall include the name of the individual at the station responsible for collecting comments on the station s compliance with the Children s Television Act and it shall be separated from other materials in the public inspection file These Reports shall be retained in the public inspection file until final action has been taken on the station s next license renewal application 12 Radio issues programs lists For commercial AM and FM broadcast stations every three months a list of programs that have provided the station s most significant treatment of community issues during the preceding three month period The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter e g January 10 for the quarter October December April 10 for the quarter January March etc The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment The description of the programs shall include but shall not be limited to the time date duration and title of each program in which the issue was treated The lists described in this paragraph shall be | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
retained in the public inspection file until final action has been taken on the station s next license renewal application 13 Local public notice announcements Each applicant for renewal of license shall within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to 73 3580 c 3 place in the station s online public inspection file a statement certifying compliance with this paragraph e 13 The dates and times that the on air announcements were broadcast shall be made part of the certifying statement The certifying statement shall be retained in the public file for the period specified in 73 3580 e 2 for as long as the application to which it refers 14 Radio and television time brokerage agreements For commercial radio and television stations a copy of every agreement or contract involving time brokerage of the licensee s station or of another station by the licensee whether the agreement involves stations in the same markets or in differing markets with confidential or proprietary information redacted where appropriate These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force 15 Must carry or retransmission consent election Statements of a commercial television or Class A television station s election with respect to either must carry or re transmission consent as defined in 76 64 and 76 1608 of this chapter These records shall be retained for the duration of the three year election period to which the statement applies Commercial television stations shall no later than July 31 2020 provide an up to date email address and phone number for carriage related questions and respond as soon as is reasonably possible to messages | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
or calls from multichannel video programming distributors MVPDs Each commercial television station is responsible for the continuing accuracy and completeness of the information furnished 47 CFR 73 3526 enhanced display page 430 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3526 Radio Broadcast Services 16 Radio and television joint sales agreements For commercial radio and commercial television stations a copy of agreement for the joint sale of advertising time involving the station whether the agreement involves stations in the same markets or in differing markets with confidential or proprietary information redacted where appropriate These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force 17 Class A TV continuing eligibility Documentation sufficient to demonstrate that the Class A television station is continuing to meet the eligibility requirements set forth at 73 6001 18 Shared service agreements For commercial television stations a copy of every Shared Service Agreement for the station with the substance of oral agreements reported in writing regardless of whether the agreement involves commercial television stations in the same market or in different markets with confidential or proprietary information redacted where appropriate For purposes of this paragraph a Shared Service Agreement is any agreement or series of agreements in which 1 A station provides any station related services including but not limited to administrative technical sales and or programming support to a station that is not directly or indirectly under common de jure control permitted under the Commission s regulations or 2 Stations that are not directly or indirectly under common de jure control permitted under the Commission s regulations collaborate to provide or enable the provision of station related services | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
including but not limited to administrative technical sales and or programming support to one or more of the collaborating stations For purposes of this paragraph the term station includes the licensee including any subsidiaries and affiliates and any other individual or entity with an attributable interest in the station 19 Foreign sponsorship disclosures Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at 73 1212 j 7 f 1 For purposes of this section action taken on an application tendered with the FCC becomes final when that action is no longer subject to reconsideration review or appeal either at the FCC or in the courts 2 For purposes of this section the term all related material includes all exhibits letters and other documents tendered for filing with the FCC as part of an application report or other document all amendments to the application report or other document copies of all documents incorporated therein by reference and not already maintained in the public inspection file and all correspondence between the FCC and the applicant pertaining to the application report or other document which according to the provisions of 0 451 through 0 461 of this chapter are open for public inspection at the offices of the FCC 63 FR 49497 Sept 16 1998 Editorial Note For FEDERAL REGISTER citations affecting 73 3526 see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and at www govinfo gov 47 CFR 73 3526 enhanced display page 431 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3527 Radio Broadcast Services 73 3527 Online public inspection file of noncommercial educational stations a Responsibility to maintain a file The following shall maintain for | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
public inspection a file containing the material set forth in this section 1 Applicants for a construction permit for a new station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material relating to that station described in paragraph e 2 and e 11 of this section A separate file shall be maintained for each station for which an application is pending If the application is granted paragraph a 2 of this section shall apply 2 Every permittee or licensee of an AM FM or TV station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material relating to that station described in paragraphs e 1 through e 11 of this section In addition every permittee or licensee of a noncommercial educational TV station shall maintain for public inspection a file containing material relating to that station described in paragraphs e 12 of this section A separate file shall be maintained for each station for which an authorization is outstanding and the file shall be maintained so long as an authorization to operate the station is outstanding b Location of the file The public inspection file shall be located as follows 1 An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license 2 i A noncommercial educational television or radio station licensee or applicant shall place the contents required by paragraph e of this section of its public inspection file in the online public file hosted by the Commission ii A station must provide a link to the online public inspection file hosted by the Commission from the home page of its own website if the station has a website and provide contact information for a | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
station representative on its website that can assist any person with disabilities with issues related to the content of the public files A station also is required to include in the online public file hosted by the Commission the station s address and telephone number and the email address of the station s designated contact for questions about the public file 3 The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files to the extent that the Commission has these items electronically Authorizations applications contour maps ownership reports and related materials portions of the Equal Employment Opportunity file held by the Commission and The Public and Broadcasting c Access to material in the file For any applicant described in paragraph b 1 of this section that does not include all material described in paragraph e of this section in the online public file hosted by the Commission the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license The applicant must provide information regarding the location of the file or the applicable portion of the file within one business day of a request for such information All or part of the file may be maintained in a computer database as long as a computer terminal is made available at the location of the file to members of the public who wish to review the file Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person The applicant may specify 47 CFR 73 3527 c enhanced display page 432 of 580 47 CFR Part 73 up | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
to date as of 2 20 2024 47 CFR 73 3527 d Radio Broadcast Services the location for printing or reproduction require the requesting party to pay the reasonable cost thereof and may require guarantee of payment in advance e g by requiring a deposit obtaining credit card information or any other reasonable method Requests for copies shall be fulfilled within a reasonable period of time which generally should not exceed 7 days d Responsibility in case of assignment or transfer 1 In cases involving applications for consent to assignment of broadcast station construction permits or licenses with respect to which public notice is required to be given under the provisions of 73 3580 or 73 3594 the file mentioned in paragraph a of this section shall be maintained by the assignor If the assignment is consented to by the FCC and consummated the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC The assignee shall retain public file documents obtained from the assignor for the period required under these rules 2 In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station the file mentioned in paragraph a of this section shall be maintained by the permittee or licensee e Contents of the file The material to be retained in the public inspection file is as follows 1 Authorization A copy of the current FCC authorization to construct or operate the station as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization These materials shall be retained until replaced by a new authorization at which time a copy of the new authorization and any | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
related materials shall be placed in the file 2 Applications and related materials A copy of any application tendered for filing with the FCC together with all related material including supporting documentation of any points claimed in the application pursuant to 73 7003 and copies of FCC decisions pertaining thereto If petitions to deny are filed against the application and have been served on the applicant a statement that such a petition has been filed shall be maintained in the file together with the name and address of the party filing the petition Applications shall be retained in the public inspection file until final action has been taken on the application except that applications for a new construction permit granted pursuant to a waiver showing and applications for assignment or transfer of license granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect In addition license renewal applications granted on a short term basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term 3 Contour maps A copy of any service contour maps submitted with any application tendered for filing with the FCC together with any other information in the application showing service contours and or transmitter location State county city street address or other identifying information These documents shall be retained for as long as they reflect current accurate information regarding the station 4 Ownership reports and related materials A copy of the most recent complete ownership report filed with the FCC for the station together with any subsequent statement filed with the FCC certifying that the current report is accurate and together with all related material These materials shall be retained until a new complete ownership report is | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
filed with the FCC at which time a copy of the new report and any related materials shall be placed in the file The permittee or licensee must retain in the public file either a copy of the station documents listed in 73 3613 a through c or an up to 47 CFR 73 3527 e 4 enhanced display page 433 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3527 e 5 Radio Broadcast Services date list of such documents If the permittee or licensee elects to maintain an up to date list of such documents the list must include all the information that the permittee or licensee is required to provide on ownership reports for each document including but not limited to a description of the document the parties to the document the month and year of execution the month and year of expiration and the document type e g network affiliation agreement articles of incorporation bylaws management consultant agreement with independent contractor Regardless of which of these two options the permittee or licensee chooses it must update the inventory of 73 3613 documents in the public file to reflect newly executed 73 3613 documents amendments supplements and cancellations within 30 days of execution thereof Licensees and permittees that choose to maintain a list of 73 3613 documents must provide a copy of any 73 3613 document s to requesting parties within 7 days In maintaining copies of such documents in the public file or providing copies upon request confidential or proprietary information may be redacted where appropriate 5 Political file Such records as are required by 73 1943 to be kept concerning broadcasts by candidates for public office These records shall be retained for the period specified in 73 | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
1943 2 years 6 Equal Employment Opportunity file Such information as is required by 73 2080 to be kept in the public inspection file These materials shall be retained until final action has been taken on the station s next license renewal application 7 The Public and Broadcasting At all times a copy of the most recent version of the manual entitled The Public and Broadcasting 8 Issues Programs lists For nonexempt noncommercial educational broadcast stations every three months a list of programs that have provided the station s most significant treatment of community issues during the preceding three month period The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter e g January 10 for the quarter October December April 10 for the quarter January March etc The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment The description of the programs shall include but shall not be limited to the time date duration and title of each program in which the issue was treated For the purposes of this section exempt applicants permittees or licensees include those whose existing or prospective facilities are Class D FM stations or whose programming is wholly Instructional 9 Donor lists The lists of donors supporting specific programs These lists shall be retained for two years from the date of the broadcast of the specific program supported 10 Local public notice announcements Each applicant for renewal of license shall within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to 73 3580 c 3 place in the station s online public inspection file a statement certifying compliance with this paragraph e 10 The dates | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
and times that the on air announcements were broadcast shall be made part of the certifying statement The certifying statement shall be retained in the public file for the period specified in 73 3580 e 2 for as long as the application to which it refers 11 Material relating to FCC investigation or complaint Material having a substantial bearing on a matter which is the subject of an FCC investigation or complaint to the FCC of which the applicant permittee or licensee has been advised This material shall be retained until the applicant permittee or licensee is notified in writing that the material may be discarded 47 CFR 73 3527 e 11 enhanced display page 434 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3527 e 12 Radio Broadcast Services 12 Must carry requests Noncommercial television stations shall no later than July 31 2020 provide an up to date email address and phone number for carriage related questions and respond as soon as is reasonably possible to messages or calls from multichannel video programming distributors MVPDs Each noncommercial television station is responsible for the continuing accuracy and completeness of the information furnished Any such station requesting mandatory carriage pursuant to part 76 of this chapter shall place a copy of such request in its public file and shall retain both the request and relevant correspondence for the duration of any period to which the request applies 13 Reserved 14 Information on Third Party Fundraising For noncommercial educational broadcast stations that interrupt regular programming to conduct fundraising activities on behalf of a third party non profit organization pursuant to 73 503 e FM stations or 73 621 f television stations every three months the following information for each third party fundraising program | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
or activity The date time and duration of the fundraiser the type of fundraising activity the name of the non profit organization benefitted by the fundraiser a brief description of the specific cause or project if any supported by the fundraiser and to the extent that the station participated in tallying or receiving any funds for the non profit group an approximation of the total funds raised The information for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter e g January 10 for the quarter October December April 10 for the quarter January March etc 15 Foreign sponsorship disclosures Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at 73 1212 j 7 f 1 For purposes of this section a decision made with respect to an application tendered with the FCC becomes final when that decision is no longer subject to reconsideration review or appeal either at the FCC or in the courts 2 For purposes of this section the term all related material includes all exhibits letters and other documents tendered for filing with the FCC as part of an application report or other document all amendments to the application report or other document copies of all documents incorporated therein by reference and not already maintained in the public inspection file and all correspondence between the FCC and the applicant pertaining to the application report or other document which according to the provisions of 0 451 through 0 461 of this chapter are open for public inspection at the offices of the FCC 63 FR 49499 Sept 16 1998 Editorial Note For FEDERAL REGISTER citations affecting 73 3527 see the List of CFR Sections Affected which appears in the Finding Aids section of the | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
printed volume and at www govinfo gov 73 3533 Application for construction permit or modification of construction permit Link to an amendment published at 89 FR 7259 Feb 1 2024 a Application for construction permit or modification of a construction permit for a new facility or change in an existing facility is to be made on the following forms 47 CFR 73 3533 a enhanced display page 435 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3533 a 1 Radio Broadcast Services 1 FCC Form 301 Application for Authority to Construct or Make Changes in an Existing Commercial Broadcast Station 2 FCC Form 309 Application for Authority to Construct or Make Changes in an Existing International or Experimental Broadcast Stations For International Broadcast Stations applications shall be filed electronically in the International Communications Filing System ICFS 3 Reserved 4 FCC Form 340 Application for Authority to Construct or Make Changes in a Noncommercial Educational Broadcast Station 5 FCC Form 346 Application for Authority to Construct or Make Changes in a Low Power TV TV Translator or TV Booster Station 6 FCC Form 349 Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station 7 FCC Form 318 Application for Construction Permit for a Low Power FM Broadcast Station b The filing of an application for modification of construction permit does not extend the expiration date of the construction permit Extension of the expiration date must be applied for on FCC Form 307 in accordance with the provisions of 73 3534 c In each application referred to in paragraph a of this section the applicant will provide the Antenna Structure Registration Number FCC Form 854R of the antenna structure upon which it will locate its proposed | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
antenna In the event the antenna structure does not already have a Registration Number either the antenna structure owner shall file FCC Form 854 Application for Antenna Structure Registration in accordance with part 17 of this chapter or the applicant shall provide a detailed explanation why registration and clearance of the antenna structure is not necessary 44 FR 38494 July 2 1979 as amended at 47 FR 28388 June 30 1982 49 FR 32582 Aug 15 1984 50 FR 40016 Oct 1 1985 53 FR 36788 Sept 22 1988 61 FR 4367 Feb 6 1996 65 FR 7648 Feb 15 2000 68 FR 12761 Mar 17 2003 69 FR 72043 Dec 10 2004 86 FR 54401 Oct 1 2021 88 FR 21447 Apr 10 2023 73 3534 Reserved 73 3536 Application for license to cover construction permit Link to an amendment published at 89 FR 7259 Feb 1 2024 a The application for station license shall be filed by the permittee pursuant to the requirements of 73 1620 Program tests b The following application forms shall be used 1 i Form 302 AM for AM stations Application for New AM Station Broadcast License ii Form 302 FM for FM stations Application for FM Station License iii Form 302 TV for television stations Application for TV Station Broadcast License 47 CFR 73 3536 b 1 iii enhanced display page 436 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3536 b 2 Radio Broadcast Services 2 FCC Form 310 Application for an International or Experimental Broadcast Station License 3 Reserved 4 FCC Form 347 Application for a Low Power TV TV Translator or TV Booster Station License 5 FCC Form 350 Application for an FM Translator or FM Booster Station License 6 FCC | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Form 319 Application for a Low Power FM Broadcast Station License c Eligible low power television stations which have been granted a certificate of eligibility may file FCC Form 302 CA Application for Class A Television Broadcast Station Construction Permit Or License 44 FR 38495 July 2 1979 as amended at 49 FR 32582 Aug 15 1984 50 FR 40016 Oct 1 1985 51 FR 18451 May 20 1986 51 FR 32088 Sept 9 1986 52 FR 31400 Aug 20 1987 53 FR 36788 Sept 22 1988 62 FR 51063 Sept 30 1997 65 FR 7648 Feb 15 2000 65 FR 30007 May 10 2000 68 FR 12761 Mar 17 2003 69 FR 72043 Dec 10 2004 73 3537 Application for license to use former main antenna as an auxiliary See 73 1675 Auxiliary facility 62 FR 51063 Sept 30 1997 73 3538 Application to make changes in an existing station Where prior authority is required from the FCC to make changes in an existing station the following procedures shall be used to request that authority a An application for construction permit using the forms listed in 73 3533 must be filed for authority to 1 Make any of the changes listed in 73 1690 b 2 Change the hours of operation of an AM station where the hours of operation are specified on the license or permit 3 Install a transmitter which has not been approved type accepted by the FCC for use by licensed broadcast stations 4 Any change in the location height or directional radiating characteristics of the antenna or antenna system b An informal application filed in accordance with 73 3511 is to be used to obtain authority to modify or discontinue the obstruction marking or lighting of the antenna supporting structure where that specified on | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the station authorization either differs from that specified in 47 CFR part 17 or is not appropriate for other reasons 44 FR 38495 July 2 1979 as amended at 44 FR 69935 Dec 5 1979 49 FR 4000 Feb 1 1984 52 FR 21685 June 9 1987 62 FR 51063 Sept 30 1997 66 FR 20758 Apr 25 2001 82 FR 57884 Dec 8 2017 73 3539 Application for renewal of license a Unless otherwise directed by the FCC an application for renewal of license shall be filed not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed except that applications for renewal of license of an experimental broadcast station shall be filed not later 47 CFR 73 3539 a enhanced display page 437 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3539 b Radio Broadcast Services than the first day of the second full calendar month prior to the expiration date of the license sought to be renewed If any deadline prescribed in this paragraph falls on a nonbusiness day the cutoff shall be the close of business of the first full business day thereafter For International Broadcast Stations applications shall be filed electronically in the International Communications Filing System ICFS b No application for renewal of license of any broadcast station will be considered unless there is on file with the FCC the information currently required by 73 3612 through 73 3615 inclusive for the particular class of station c Whenever the FCC regards an application for a renewal of license as essential to the proper conduct of a hearing or investigation and specifically directs that it be filed by a date certain such application | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
shall be filed within the time thus specified If the licensee fails to file such application within the prescribed time the hearing or investigation shall proceed as if such renewal application had been received d Renewal application forms titles and numbers are listed in 73 3500 Application and Report Forms 44 FR 38495 July 2 1979 as amended at 47 FR 28388 June 30 1982 49 FR 32582 Aug 15 1984 86 FR 54401 Oct 1 2021 88 FR 3539 Apr 10 2023 73 3540 Application for voluntary assignment or transfer of control Link to an amendment published at 89 FR 7259 Feb 1 2024 a Prior consent of the FCC must be obtained for a voluntary assignment or transfer of control b Application should be filed with the FCC at least 45 days prior to the contemplated effective date of assignment or transfer of control c Application for consent to the assignment of construction permit or license must be filed on FCC Form 314 Assignment of license or FCC Form 316 Short form See paragraph f of this section For International Broadcast Stations the application shall be filed electronically in the International Communications Filing System ICFS d Application for consent to the transfer of control of a corporation holding a construction permit or license must be filed on FCC Form 315 Transfer of Control or FCC Form 316 Short form see paragraph f of this section For International Broadcast Stations applications shall be filed electronically in ICFS e Application for consent to the assignment of construction permit or license or to the transfer of control of a corporate licensee or permittee for an FM or TV translator station a low power TV station and any associated auxiliary station such as translator microwave relay stations and UHF translator booster stations | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
only must be filed on FCC Form 345 Application for Transfer of Control of Corporate Licensee or Permittee or Assignment of License or Permit for an FM or TV translator Station or a Low Power TV Station f The following assignment or transfer applications may be filed on FCC Short form 316 1 Assignment from an individual or individuals including partnerships to a corporation owned and controlled by such individuals or partnerships without any substantial change in their relative interests 2 Assignment from a corporation to its individual stockholders without effecting any substantial change in the disposition of their interests 47 CFR 73 3540 f 2 enhanced display page 438 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3540 f 3 Radio Broadcast Services 3 Assignment or transfer by which certain stockholders retire and the interest transferred is not a controlling one 4 Corporate reorganization which involves no substantial change in the beneficial ownership of the corporation 5 Assignment or transfer from a corporation to a wholly owned subsidiary thereof or vice versa or where there is an assignment from a corporation to a corporation owned or controlled by the assignor stockholders without substantial change in their interests or 6 Assignment of less than a controlling interest in a partnership 44 FR 38496 July 2 1979 as amended at 48 FR 21486 May 12 1983 49 FR 47843 Dec 7 1984 50 FR 32416 Aug 12 1985 86 FR 54402 Oct 1 2021 88 FR 21448 Apr 10 2023 73 3541 Application for involuntary assignment of license or transfer of control Link to an amendment published at 89 FR 7259 Feb 1 2024 a The FCC shall be notified in writing promptly of the death or legal disability of an individual | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
permittee or licensee a member of a partnership or a person directly or indirectly in control of a corporation which is a permittee or licensee b Within 30 days after the occurrence of such death or legal disability an application on FCC Form 316 shall be filed requesting consent to involuntary assignment of such permit or license or for involuntary transfer of control of such corporation to a person or entity legally qualified to succeed to the foregoing interests under the laws of the place having jurisdiction over the estate involved 44 FR 38496 July 2 1979 73 3542 Application for emergency authorization a Authority may be granted on a temporary basis in extraordinary circumstances requiring emergency operation to serve the public interest such situations include emergencies involving danger to life and property a national emergency proclaimed by the President or the Congress of the U S A and the continuance of any war in which the United States is engaged and where such action is necessary for the national defense or security or otherwise in furtherance of the war effort 1 An informal application may be used The FCC may grant such construction permits station licenses modifications or renewals thereof without the filing of a formal application 2 No authorization so granted shall continue to be effective beyond the period of the emergency or war requiring it 3 Each individual request submitted under the provisions of this paragraph shall contain as a minimum requirement the following information i Name and address of applicant ii Location of proposed installation or operation 47 CFR 73 3542 a 3 ii enhanced display page 439 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3542 a 3 iii Radio Broadcast Services iii Official call letters | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of any valid station authorization already held by applicant and the station location iv Type of service desired not required for renewal or modification unless class of station is to be modified v Frequency assignment authorized transmitter power s authorized class es of emission desired not required for renewal required for modification only to the extent such information may be involved vi Equipment to be used specifying the manufacturer and type or model number not required for renewal required for modification only to the extent such information may be involved vii Statements to the extent necessary for the FCC to determine whether or not the granting of the desired authorization will be in accordance with the citizenship eligibility requirements of section 310 of the Cummunications Act viii Statement of facts which in the opinion of the applicant constitute an emergency to be found by the FCC for the purpose of this section This statement must also include the estimated duration of the emergency and if during an emergency or war declared by the President or Congress why such action without formal application is necessary for the national defense or security or in furtherance of the war effort b Emergency operating authority issued under this section may be cancelled or modified by the FCC without prior notice or right to hearing See also 73 1250 Broadcasting Emergency Information for situations in which emergency operation may be conducted without prior authorization and 73 1635 Special Temporary Authorization STA for temporary operating authorizations necessitated by circumstances not within the ambit of this section 50 FR 30948 July 31 1985 as amended at 63 FR 33878 June 22 1998 73 3543 Application for renewal or modification of special service authorization Link to an amendment published at 89 FR 7259 Feb 1 2024 a No | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
new special service authorization will be issued However consideration will be given to renewal or modification of a special service authorization which was outstanding on February 3 1958 providing a satisfactory showing has been made in regard to the following among others 1 That the requested operation may not be granted on a regular basis under the existing rules governing the operation of AM stations 2 That experimental operation is not involved as provided for by 73 1510 Experimental authorizations and 3 That public interest convenience and necessity will be served by the authorization requested 44 FR 38496 July 2 1979 73 3544 Application to obtain a modified station license 47 CFR 73 3544 enhanced display page 440 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3544 a Radio Broadcast Services Link to an amendment published at 89 FR 7259 Feb 1 2024 Where prior authority from the FCC is not required to make certain changes in the station authorization or facilities but a modified station license must be obtained the following procedures shall be used to obtain modification of the station license a The changes specified in 73 1690 c may be made by the filing of a license application using the forms listed in 73 3536 b 1 b An informal application see 73 3511 b may be filed with the FCC in Washington DC Attention Audio Division radio or Video Services Division television Media Bureau to cover the following changes 1 A correction of the routing instructions and description of an AM station directional antenna system field monitoring point when the point itself is not changed 2 A change in the type of AM station directional antenna monitor See 73 69 3 The location of a remote control | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
point of an AM or FM station when prior authority to operate by remote control is not required c A change in the name of the licensee where no change in ownership or control is involved may be accomplished by written notification by the licensee to the Commission 44 FR 38497 July 2 1979 as amended at 45 FR 20483 Mar 28 1980 50 FR 32416 Aug 12 1985 62 FR 51063 Sept 30 1997 63 FR 33878 June 22 1998 67 FR 13232 Mar 21 2002 82 FR 57884 Dec 8 2017 73 3545 Application for permit to deliver programs to foreign stations Application under section 325 c of the Communications Act for authority to locate use or maintain a broadcast studio in connection with a foreign station consistently received in the United States should be made on FCC Form 308 Application for Permit to Deliver Programs to Foreign Broadcast Stations An informal application may be used by applicants holding an AM FM or TV broadcast station license or construction permit Informal applications must however contain a description of the nature and character of the programming proposed together with other information requested on Page 4 of Form 308 All applications must be filed electronically in the International Communications Filing System ICFS 86 FR 54402 Oct 1 2021 as amended at 88 FR 21448 Apr 10 2023 73 3549 Requests for extension of time to operate without required monitors indicating instruments and EAS encoders and decoders Link to an amendment published at 89 FR 7260 Feb 1 2024 Requests for extension of authority to operate without required monitors transmission system indicating instruments or encoders and decoders for monitoring and generating the EAS codes and Attention Signal should be made to the FCC in Washington DC Attention Audio Division radio or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Video Division television Media Bureau Such requests must contain information as to when and what steps were taken to repair or replace the defective equipment and a brief description of the alternative procedures being used while the equipment is out of service 67 FR 13233 Mar 21 2002 47 CFR 73 3549 enhanced display page 441 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3550 Radio Broadcast Services 73 3550 Requests for new or modified call sign assignments Link to an amendment published at 89 FR 7260 Feb 1 2024 a All requests for new or modified call sign assignments for radio and television broadcast stations shall be made via the FCC s on line call sign reservation and authorization system accessible through the Internet s World Wide Web by specifying http www fcc gov Licensees and permittees may utilize this on line system to determine the availability and licensing status of any call sign to select an initial call sign for a new station to change a station s currently assigned call sign to modify an existing call sign by adding or deleting an FM or TV suffix to exchange call signs with another licensee or permittee in the same service or to reserve a different call sign for a station being transferred or assigned b No request for an initial call sign assignment will be accepted from a permittee for a new radio or full service television station until the FCC has granted a construction permit Each such permittee shall request the assignment of its station s initial call sign expeditiously following the grant of its construction permit All initial construction permits for low power TV stations will be issued with a five character low power TV call sign | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
in accordance with 74 783 d of this chapter c Following the filing of a transfer or assignment application the proposed assignee transferee may request a new call sign for the station whose license or construction permit is being transferred or assigned No change in call sign assignment will be effective until such transfer or assignment application is granted by the FCC and notification of consummation of the transaction is received by the FCC d Where an application is granted by the FCC for transfer or assignment of the construction permit or license of a station whose existing call sign conforms to that of a commonly owned station not part of the transaction the new licensee of the transferred or assigned station shall expeditiously request a different call sign unless consent to retain the conforming call sign has been obtained from the primary holder and from the licensee of any other station that may be using such conforming call sign e Call signs beginning with the letter K will not be assigned to stations located east of the Mississippi River nor will call signs beginning with the letter W be assigned to stations located west of the Mississippi River f Only four letter call signs plus an LP FM TV or CA suffix if used will be assigned The four letter call sign for LPFM stations will be followed by the suffix LP However subject to the other provisions of this section a call sign of a station may be conformed to a commonly owned station holding a three letter call assignment plus FM TV CA or LP suffixes if used g Subject to the foregoing limitations applicants may request call signs of their choice if the combination is available Objections to the assignment of requested call signs will not | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
be entertained at the FCC However this does not hamper any party from asserting such rights as it may have under private law in some other forum Should it be determined by an appropriate forum that a station should not utilize a particular call sign the initial assignment of a call sign will not serve as a bar to the making of a different assignment h Stations in different broadcast services or operating jointly in the 535 1605 kHz band and in the 1605 1705 kHz band which are under common control may request that their call signs be conformed by the assignment of the same basic call sign if that call sign is not being used by a non commonly owned station For the purposes of this paragraph 50 or greater common ownership shall constitute a prima facie showing of common control 47 CFR 73 3550 h enhanced display page 442 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3550 i Radio Broadcast Services i The provisions of this section shall not apply to International broadcast stations or to stations authorized under part 74 of this chapter except as provided in 74 783 j A change in call sign assignment will be made effective on the date specified in the postcard acknowledging the assignment of the requested new call sign and authorizing the change Unless the requested change in call sign assignment is subject to a pending transfer or assignment application the requester is required to include in its on line call sign request a specific effective date to take place within 45 days of the submission of its electronic call sign request Postponement of the effective date will be granted only in response to a timely request and for | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
only the most compelling reasons k Four letter combinations commencing with W or K which are assigned as call signs to ships or to other radio services are not available for assignment to broadcast stations with or without the FM or TV suffix l Users of nonlicensed low power devices operating under part 15 of this chapter may use whatever identification is currently desired so long as propriety is observed and no confusion results with a station for which the FCC issues a license m Where a requested call sign without the FM TV CA or LP suffix would conform to the call sign of any other non commonly owned station s operating in a different service an applicant utilizing the on line reservation and authorization system will be required to certify that consent to use the secondary call sign has been obtained from the holder of the primary call sign 63 FR 71603 Dec 29 1998 as amended at 65 FR 30007 May 10 2000 73 3555 Multiple ownership Link to an amendment published at 89 FR 7260 Feb 1 2024 Link to an amendment published at 89 FR 12229 Feb 15 2024 a 1 Local radio ownership rule A person or single entity or entities under common control may have a cognizable interest in licenses for AM or FM radio broadcast stations in accordance with the following limits i In a radio market with 45 or more full power commercial and noncommercial radio stations not more than 8 commercial radio stations in total and not more than 5 commercial stations in the same service AM or FM ii In a radio market with between 30 and 44 inclusive full power commercial and noncommercial radio stations not more than 7 commercial radio stations in total and not more than | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
4 commercial stations in the same service AM or FM iii In a radio market with between 15 and 29 inclusive full power commercial and noncommercial radio stations not more than 6 commercial radio stations in total and not more than 4 commercial stations in the same service AM or FM and 47 CFR 73 3555 a 1 iii enhanced display page 443 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3555 a 1 iv Radio Broadcast Services iv In a radio market with 14 or fewer full power commercial and noncommercial radio stations not more than 5 commercial radio stations in total and not more than 3 commercial stations in the same service AM or FM provided however that no person or single entity or entities under common control may have a cognizable interest in more than 50 of the full power commercial and noncommercial radio stations in such market unless the combination of stations comprises not more than one AM and one FM station 2 Overlap between two stations in different services is permissible if neither of those two stations overlaps a third station in the same service b Local television multiple ownership rule 1 An entity may directly or indirectly own operate or control two television stations licensed in the same Designated Market Area DMA as determined by Nielsen Media Research or any successor entity if i The digital noise limited service contours of the stations computed in accordance with 73 622 e do not overlap or ii At the time the application to acquire or construct the station s is filed at least one of the stations is not ranked among the top four stations in the DMA based on the most recent all day 9 a | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
m midnight audience share as measured by Nielsen Media Research or by any comparable professional accepted audience ratings service 2 Paragraph b 1 ii Top Four Prohibition of this section shall not apply in cases where at the request of the applicant the Commission makes a finding that permitting an entity to directly or indirectly own operate or control two television stations licensed in the same DMA would serve the public interest convenience and necessity The Commission will consider showings that the Top Four Prohibition should not apply due to specific circumstances in a local market or with respect to a specific transaction on a case by case basis c d Reserved e National television multiple ownership rule 1 No license for a commercial television broadcast station shall be granted transferred or assigned to any party including all parties under common control if the grant transfer or assignment of such license would result in such party or any of its stockholders partners members officers or directors having a cognizable interest in television stations which have an aggregate national audience reach exceeding thirty nine 39 percent 2 For purposes of this paragraph e i National audience reach means the total number of television households in the Nielsen Designated Market Areas DMAs in which the relevant stations are located divided by the total national television households as measured by DMA data at the time of a grant transfer or assignment of a license For purposes of making this calculation UHF television stations shall be attributed with 50 percent of the television households in their DMA market ii No market shall be counted more than once in making this calculation 3 Divestiture A person or entity that exceeds the thirty nine 39 percent national audience reach limitation for television stations in paragraph e | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
1 of this section through grant transfer or assignment of an additional license for a commercial television broadcast station shall have not 47 CFR 73 3555 e 3 enhanced display page 444 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3555 f Radio Broadcast Services more than 2 years after exceeding such limitation to come into compliance with such limitation This divestiture requirement shall not apply to persons or entities that exceed the 39 percent national audience reach limitation through population growth f The ownership limits of this section are not applicable to noncommercial educational FM and noncommercial educational TV stations However the attribution standards set forth in the Notes to this section will be used to determine attribution for noncommercial educational FM and TV applicants such as in evaluating mutually exclusive applications pursuant to subpart K of part 73 Note 1 to 73 3555 The words cognizable interest as used herein include any interest direct or indirect that allows a person or entity to own operate or control or that otherwise provides an attributable interest in a broadcast station Note 2 to 73 3555 In applying the provisions of this section ownership and other interests in broadcast licensees will be attributed to their holders and deemed cognizable pursuant to the following criteria a Except as otherwise provided herein partnership and direct ownership interests and any voting stock interest amounting to 5 or more of the outstanding voting stock of a corporate broadcast licensee will be cognizable b Investment companies as defined in 15 U S C 80a 3 insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have a cognizable interest only if they hold 20 or more of the outstanding voting | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
stock of a corporate broadcast licensee or if any of the officers or directors of the broadcast licensee are representatives of the investment company insurance company or bank concerned Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted Holdings by investment companies will be aggregated if under common management c Attribution of ownership interests in a broadcast licensee that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product except that wherever the ownership percentage for any link in the chain exceeds 50 it shall not be included for purposes of this multiplication For purposes of paragraph i of this note attribution of ownership interests in a broadcast licensee that are held indirectly by any party through one or more intervening organizations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product and the ownership percentage for any link in the chain that exceeds 50 shall be included for purposes of this multiplication For example except for purposes of paragraph i of this note if A owns 10 of company X which owns 60 of company Y which owns 25 of Licensee then X s interest in Licensee would be 25 the same as Y s interest because X s interest in Y exceeds 50 and A s interest in Licensee would be 2 5 0 1 0 25 Under the 5 attribution benchmark X s interest in Licensee would be cognizable | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
while A s interest would not be cognizable For purposes of paragraph i of this note X s interest in Licensee would be 15 0 6 0 25 and A s interest in Licensee would be 1 5 0 1 0 6 0 25 Neither interest would be attributed under paragraph i of this note 47 CFR 73 3555 f enhanced display page 445 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3555 f Radio Broadcast Services d Voting stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock to any person who has the sole power to sell such stock and to any person who has the right to revoke the trust at will or to replace the trustee at will If the trustee has a familial personal or extra trust business relationship to the grantor or the beneficiary the grantor or beneficiary as appropriate will be attributed with the stock interests held in trust An otherwise qualified trust will be ineffective to insulate the grantor or beneficiary from attribution with the trust s assets unless all voting stock interests held by the grantor or beneficiary in the relevant broadcast licensee are subject to said trust e Subject to paragraph i of this note holders of non voting stock shall not be attributed an interest in the issuing entity Subject to paragraph i of this note holders of debt and instruments such as warrants convertible debentures options or other non voting interests with rights of conversion to voting interests shall not be attributed unless and until conversion is effected f 1 A limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
directly or indirectly in the management or operation of the media related activities of the partnership and the licensee or system so certifies An interest in a Limited Liability Company LLC or Registered Limited Liability Partnership RLLP shall be attributed to the interest holder unless that interest holder is not materially involved directly or indirectly in the management or operation of the media related activities of the partnership and the licensee or system so certifies 2 For a licensee or system that is a limited partnership to make the certification set forth in paragraph f 1 of this note it must verify that the partnership agreement or certificate of limited partnership with respect to the particular limited partner exempt from attribution establishes that the exempt limited partner has no material involvement directly or indirectly in the management or operation of the media activities of the partnership For a licensee or system that is an LLC or RLLP to make the certification set forth in paragraph f 1 of this note it must verify that the organizational document with respect to the particular interest holder exempt from attribution establishes that the exempt interest holder has no material involvement directly or indirectly in the management or operation of the media activities of the LLC or RLLP The criteria which would assume adequate insulation for purposes of this certification are described in the Memorandum Opinion and Order in MM Docket No 83 46 FCC 85 252 released June 24 1985 as modified on reconsideration in the Memorandum Opinion and Order in MM Docket No 83 46 FCC 86 410 released November 28 1986 Irrespective of the terms of the certificate of limited partnership or partnership agreement or other organizational document in the case of an LLC or RLLP however no such certification shall | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners or other interest holders in the case of an LLC or RLLP in the management or operation of the media related businesses of the partnership or LLC or RLLP 3 In the case of an LLC or RLLP the licensee or system seeking insulation shall certify in addition that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria g Officers and directors of a broadcast licensee are considered to have a cognizable interest in the entity with which they are so associated If any such entity engages in businesses in addition to its primary business of broadcasting it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to its primary business The officers and directors of a parent company of a broadcast licensee with an attributable interest in any such subsidiary entity shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated 47 CFR 73 3555 f enhanced display page 446 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3555 f Radio Broadcast Services to the broadcast licensee and a statement properly documenting this fact is submitted to the Commission This statement may be included on the appropriate Ownership Report The officers and directors of a sister corporation of a broadcast licensee shall not be attributed with ownership of that licensee by virtue of such status h Discrete ownership interests will be aggregated in determining whether or not an interest is cognizable under this section An | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
individual or entity will be deemed to have a cognizable investment if 1 The sum of the interests held by or through passive investors is equal to or exceeds 20 percent or 2 The sum of the interests other than those held by or through passive investors is equal to or exceeds 5 percent or 3 The sum of the interests computed under paragraph h 1 of this note plus the sum of the interests computed under paragraph h 2 of this note is equal to or exceeds 20 percent i 1 Notwithstanding paragraphs e and f of this Note the holder of an equity or debt interest or interests in a broadcast licensee subject to the broadcast multiple ownership rules interest holder shall have that interest attributed if A The equity including all stockholdings whether voting or nonvoting common or preferred and debt interest or interests in the aggregate exceed 33 percent of the total asset value defined as the aggregate of all equity plus all debt of that broadcast licensee and B i The interest holder also holds an interest in a broadcast licensee in the same market that is subject to the broadcast multiple ownership rules and is attributable under paragraphs of this note other than this paragraph i or ii The interest holder supplies over fifteen percent of the total weekly broadcast programming hours of the station in which the interest is held For purposes of applying this paragraph the term market will be defined as it is defined under the specific multiple ownership rule that is being applied except that for television stations the term market will be defined by reference to the definition contained in the local television multiple ownership rule contained in paragraph b of this section 2 Notwithstanding paragraph i 1 of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
this Note the interest holder may exceed the 33 percent threshold therein without triggering attribution where holding such interest would enable an eligible entity to acquire a broadcast station provided that i The combined equity and debt of the interest holder in the eligible entity is less than 50 percent or ii The total debt of the interest holder in the eligible entity does not exceed 80 percent of the asset value of the station being acquired by the eligible entity and the interest holder does not hold any equity interest option or promise to acquire an equity interest in the eligible entity or any related entity For purposes of this paragraph i 2 an eligible entity shall include any entity that qualifies as a small business under the Small Business Administration s size standards for its industry grouping as set forth in 13 CFR 121 201 at the time the transaction is approved by the FCC and holds A 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet or 47 CFR 73 3555 f enhanced display page 447 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3555 f Radio Broadcast Services B 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests or C More than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
company j Time brokerage also known as local marketing is the sale by a licensee of discrete blocks of time to a broker that supplies the programming to fill that time and sells the commercial spot announcements in it 1 Where two radio stations are both located in the same market as defined for purposes of the local radio ownership rule contained in paragraph a of this section and a party including all parties under common control with a cognizable interest in one such station brokers more than 15 percent of the broadcast time per week of the other such station that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraph a of this section This limitation shall apply regardless of the source of the brokered programming supplied by the party to the brokered station 2 Where two television stations are both located in the same market as defined in the local television ownership rule contained in paragraph b of this section and a party including all parties under common control with a cognizable interest in one such station brokers more than 15 percent of the broadcast time per week of the other such station that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraphs b and e of this section This limitation shall apply regardless of the source of the brokered programming supplied by the party to the brokered station 3 Every time brokerage agreement of the type described in this Note shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the station s facilities including specifically control over station finances personnel and programming and by the brokering station that the agreement complies with the provisions of paragraph b of this section if the brokering station is a television station or with paragraph a of this section if the brokering station is a radio station k Joint Sales Agreement is an agreement with a licensee of a brokered station that authorizes a broker to sell advertising time for the brokered station 1 Where two radio stations are both located in the same market as defined for purposes of the local radio ownership rule contained in paragraph a of this section and a party including all parties under common control with a cognizable interest in one such station sells more than 15 percent of the advertising time per week of the other such station that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraph a of this section 2 Every joint sales agreement of the type described in this Note shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over the station s facilities including specifically control over station finances personnel and programming and by the brokering station that the agreement complies with the limitations set forth in paragraph a of this section if the brokering station is a radio station 47 CFR 73 3555 f enhanced display page 448 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3555 f Radio Broadcast Services Note 3 to 73 3555 In cases where record and beneficial ownership of voting stock is | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
not identical e g bank nominees holding stock as record owners for the benefit of mutual funds brokerage houses holding stock in street names for the benefit of customers investment advisors holding stock in their own names for the benefit of clients and insurance companies holding stock the party having the right to determine how the stock will be voted will be considered to own it for purposes of these rules Note 4 to 73 3555 Paragraphs a and b of this section will not be applied so as to require divestiture by any licensee of existing facilities and will not apply to applications for assignment of license or transfer of control filed in accordance with 73 3540 f or 73 3541 b or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy or to FM or AM broadcast minor modification applications for intra market community of license changes if no new or increased concentration of ownership would be created among commonly owned operated or controlled broadcast stations Paragraphs a and b of this section will apply to all applications for new stations to all other applications for assignment or transfer to all applications for major changes to existing stations and to all other applications for minor changes to existing stations that seek a change in an FM or AM radio station s community of license or create new or increased concentration of ownership among commonly owned operated or controlled broadcast stations Commonly owned operated or controlled broadcast stations that do not comply with paragraphs a and b of this section may not be assigned or transferred to a single person group or entity except as provided in this Note the Report and Order in Docket No 02 277 released July | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
2 2003 FCC 02 127 or the Second Report and Order in MB Docket No 14 50 FCC 16 107 released August 25 2016 Note 5 to 73 3555 Paragraphs b and e of this section will not be applied to cases involving television stations that are satellite operations Such cases will be considered in accordance with the analysis set forth in the Report and Order in MM Docket No 87 8 FCC 91 182 released July 8 1991 as further explained by the Report and Order in MB Docket No 18 63 FCC 19 17 released March 12 2019 in order to determine whether common ownership operation or control of the stations in question would be in the public interest An authorized and operating satellite television station the digital noise limited service contour of which overlaps that of a commonly owned operated or controlled non satellite parent television broadcast station may subsequently become a non satellite station under the circumstances described in the aforementioned Report and Order in MM Docket No 87 8 However such commonly owned operated or controlled non satellite television stations may not be transferred or assigned to a single person group or entity except as provided in Note 4 of this section 47 CFR 73 3555 f enhanced display page 449 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3555 f Radio Broadcast Services Note 6 to 73 3555 Requests submitted pursuant to paragraph b 2 of this section will be considered in accordance with the analysis set forth in the Order on Reconsideration in MB Docket Nos 14 50 et al FCC 17 156 Note 7 to 73 3555 The Commission will entertain applications to waive the restrictions in paragraph b of this section the | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
local television ownership rule on a case by case basis In each case we will require a showing that the in market buyer is the only entity ready willing and able to operate the station that sale to an out of market applicant would result in an artificially depressed price and that the waiver applicant does not already directly or indirectly own operate or control interest in two television stations within the relevant DMA One way to satisfy these criteria would be to provide an affidavit from an independent broker affirming that active and serious efforts have been made to sell the permit and that no reasonable offer from an entity outside the market has been received Note 8 to 73 3555 Paragraph a 1 of this section will not apply to an application for an AM station license in the 535 1605 kHz band where grant of such application will result in the overlap of 5 mV m groundwave contours of the proposed station and that of another AM station in the 535 1605 kHz band that is commonly owned operated or controlled if the applicant shows that a significant reduction in interference to adjacent or co channel stations would accompany such common ownership Such AM overlap cases will be considered on a case by case basis to determine whether common ownership operation or control of the stations in question would be in the public interest Applicants in such cases must submit a contingent application of the major or minor facilities change needed to achieve the interference reduction along with the application which seeks to create the 5 mV m overlap situation Note 9 to 73 3555 Paragraph a 1 of this section will not apply to an application for an AM station license in the 1605 1705 kHz | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
band where grant of such application will result in the overlap of the 5 mV m groundwave contours of the proposed station and that of another AM station in the 535 1605 kHz band that is commonly owned operated or controlled Note 10 to 73 3555 Authority for joint ownership granted pursuant to Note 9 will expire at 3 a m local time on the fifth anniversary for the date of issuance of a construction permit for an AM radio station in the 1605 1705 kHz band Note 11 to 73 3555 An entity will not be permitted to directly or indirectly own operate or control two television stations in the same DMA through the execution of any agreement or series of agreements involving stations in the same DMA or any individual or entity with a cognizable 47 CFR 73 3555 f enhanced display page 450 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3561 Radio Broadcast Services interest in such stations in which a station the new affiliate acquires the network affiliation of another station the previous affiliate if the change in network affiliations would result in the licensee of the new affiliate or any individual or entity with a cognizable interest in the new affiliate directly or indirectly owning operating or controlling two of the top four rated television stations in the DMA at the time of the agreement Parties should also refer to the Second Report and Order in MB Docket No 14 50 FCC 16 107 released August 25 2016 73 FR 9487 Feb 21 2008 as amended at 73 FR 28369 May 16 2008 75 FR 27199 May 14 2010 79 FR 29006 May 20 2014 81 FR 73041 Oct 24 2016 81 FR 76262 Nov | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
1 2016 82 FR 21127 May 5 2017 83 FR 755 Jan 8 2018 84 FR 15128 Apr 15 2019 85 FR 5164 Jan 29 2020 86 FR 34628 June 30 2021 73 3561 Staff consideration of applications requiring Commission action Upon acceptance of an application the complete file is reviewed by the staff and except where the application is acted upon by the staff pursuant to delegation of authority a report containing the recommendations of the staff and any other documents required is prepared and placed on the Commission s agenda 44 FR 38499 July 2 1979 73 3562 Staff consideration of applications not requiring action by the Commission Those applications which do not require action by the Commission but which pursuant to the delegations of authority set forth in subpart B of part 0 of this chapter may be acted upon by the Chief Media Bureau are forwarded to the Media Bureau for necessary action If the application is granted the formal authorization is issued In any case where it is recommended that the application be set for hearing where a novel question of policy is presented or where the Chief Media Bureau desires instructions from the Commission the matter is placed on the Commission agenda 67 FR 13233 Mar 21 2002 73 3564 Acceptance of applications a 1 Applications tendered for filing are dated upon receipt and then forwarded to the Media Bureau where an administrative examination is made to ascertain whether the applications are complete Except for applications for minor modifications of facilities in the non reserved FM band as defined in 73 3573 a 2 long form applications subject to the provisions of 73 5005 found to be complete or substantially complete are accepted for filing and are given file numbers In the case of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
minor defects as to completeness a deficiency letter will be issued and the applicant will be required to supply the missing or corrective information Applications that are not substantially complete will not be considered and will be returned to the applicant 2 In the case of minor modifications of facilities in the non reserved FM band applications will be placed on public notice if they meet the following two tiered minimum filing requirements as initially filed in first come first serve proceedings i The application must include 47 CFR 73 3564 a 2 i enhanced display page 451 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3564 a 2 i A Radio Broadcast Services A Applicant s name and address B Applicant s signature C Principal community D Channel or frequency E Class of station and F Transmitter site coordinates and ii The application must not omit more than three of the following second tier items A A list of the other media interests of the applicant and its principals B Certification of compliance with the alien ownership provisions contained in 47 U S C 310 b C Tower antenna heights D Effective radiated power E Whether the antenna is directional or omnidirectional and F An exhibit demonstrating compliance with the contour protection requirements of 47 CFR 73 215 if applicable 3 Applications found not to meet minimum filing requirements will be returned to the applicant Applications found to meet minimum filing requirements but that contain deficiencies in tender and or acceptance information shall be given an opportunity for corrective amendment pursuant to 73 3522 of this part Applications found to be substantially complete and in accordance with the Commission s core legal and technical requirements will be accepted for filing | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Applications with uncorrected tender and or acceptance defects remaining after the opportunity for corrective amendment will be dismissed with no further opportunity for amendment b Acceptance of an application for filing merely means that it has been the subject of a preliminary review by the FCC s administrative staff as to completeness Such acceptance will not preclude the subsequent dismissal of the application if it is found to be patently not in accordance with the FCC s rules c At regular intervals the FCC will issue a Public Notice listing all long form applications which have been accepted for filing Pursuant to 73 3571 h 73 3572 and 73 3573 f such notice shall establish a cut off date for the filing of petitions to deny With respect to reserved band FM applications the Public Notice shall also establish a cut off date for the filing of mutually exclusive applications pursuant to 73 3573 e However no application will be accepted for filing unless certification of compliance with the local notice requirements of 73 3580 h has been made in the tendered application d The FCC will specify by Public Notice pursuant to 73 5002 a period for filing applications for new stations or for major modifications in the facilities of an existing station Except for reserved band FM stations and TV stations on reserved noncommercial educational channels applications for new and major modifications in facilities will be accepted only during these window filing periods specified by the Commission e Applications for minor modification of facilities may be tendered at any time unless restricted by the FCC These applications will be processed on a first come first served basis and will be treated as simultaneously tendered if filed on the same day Any applications received after the filing of a | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
lead 47 CFR 73 3564 e enhanced display page 452 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3564 f Radio Broadcast Services application will be grouped according to filing date and placed in a queue behind the lead applicant The FCC will periodically release a Public Notice listing those minor modification of facilities applications accepted for filing f If a non reserved band FM channel allotment becomes vacant after the grant of a construction permit becomes final because of a lapsed construction permit or for any other reason the FCC will by Public Notice announce a subsequent filing window for the acceptance of new applications for such channels g Applications for operation in the 1605 1705 kHz band will be accepted only if filed pursuant to the terms of 73 30 b 63 FR 48624 Sept 11 1998 as amended at 64 FR 56978 Oct 22 1999 67 FR 13233 Mar 21 2002 73 3566 Defective applications a Applications which are determined to be patently not in accordance with the FCC rules regulations or other requirements unless accompanied by an appropriate request for waiver will be considered defective and will not be accepted for filing or if inadvertently accepted for filing will be dismissed Requests for waiver shall show the nature of the waiver or exception desired and shall set forth the reasons in support thereof b If an applicant is requested by the FCC to file any additional documents or information not included in the prescribed application form a failure to comply with such request will be deemed to render the application defective and such application will be dismissed 44 FR 38499 July 2 1979 73 3568 Dismissal of applications a 1 Failure to prosecute an application or failure | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
to respond to official correspondence or request for additional information will be cause for dismissal 2 Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of 73 5002 and 1 2105 b regarding the dismissal of their short form applications 3 Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of 73 5004 73 5005 and 1 2104 g regarding the dismissal of their long form applications and the imposition of applicable withdrawal default and disqualification payments b 1 Subject to the provisions of 73 3525 dismissal of applications for channels reserved for noncommercial educational use will be without prejudice where an application has not yet been designated for hearing but may be made with prejudice after designation for hearing 2 Subject to the provisions of 73 3525 requests to dismiss an application for a channel reserved for noncommercial educational use without prejudice after it has been designated for hearing will be considered only upon written petition properly served upon all parties of record Such requests shall be granted only upon a showing that the request is based on circumstances wholly beyond the applicant s control which preclude further prosecution of his application 47 CFR 73 3568 b 2 enhanced display page 453 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3568 c Radio Broadcast Services c Subject to the provisions of 73 3523 and 73 3525 any application for minor modification of facilities may upon request of the applicant be dismissed without prejudice as a matter of right d An applicant s request for the return of an application that has been accepted for filing will be regarded as a request for dismissal 63 FR 48624 Sept 11 | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
1998 73 3571 Processing of AM broadcast station applications a Applications for AM broadcast facilities are divided into three groups 1 In the first group are applications for new stations or for major changes in the facilities of authorized stations A major change for an AM station authorized under this part is any change in frequency except frequency changes to non expanded band first second or third adjacent channels A major change in ownership is a situation where the original party or parties to the application do not retain more than 50 ownership interest in the application as originally filed A major change in community of license is one in which the applicant s daytime facilities at the proposed community are not mutually exclusive as defined in 73 37 with the applicant s current daytime facilities or any change in community of license of an AM station in the 1605 1705 kHz band All other changes will be considered minor 2 The second group consists of applications for licenses and all other changes in the facilities of authorized stations 3 The third group consists of applications for operation in the 1605 1705 kHz band which are filed subsequent to FCC notification that allotments have been awarded to petitioners under the procedure specified in 73 30 b 1 The FCC may after acceptance of an application for modification of facilities advise the applicant that such application is considered to be one for a major change and therefore is subject to the provisions of 73 3522 73 3580 and 1 1111 of this chapter pertaining to major changes Such major modification applications will be dismissed as set forth in paragraph h 1 i of this section 2 An amendment to an application which would effect a major change as defined in paragraph | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
a 1 of this section will not be accepted except as provided for in paragraph h 1 i of this section c An application for changes in the facilities of an existing station will continue to carry the same file number even though pursuant to FCC approval an assignment of license or transfer of control of said licensee or permittee has taken place if upon consummation the application is amended to reflect the new ownership d If upon examination the FCC finds that the public interest convenience and necessity will be served by the granting of an application the same will be granted If the FCC is unable to make such a finding and it appears that a hearing may be required the procedure set forth in 73 3593 will be followed e Applications proposing to increase the power of an AM station are subject to the following requirements 1 In order to be acceptable for filing any application which does not involve a change in site must propose at least a 20 increase in the station s nominal power 47 CFR 73 3571 e 1 enhanced display page 454 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3571 e 2 Radio Broadcast Services 2 Applications involving a change in site are not subject to the requirements in paragraph e 1 of this section 3 Applications for nighttime power increases for Class D stations are not subject to the requirements of this section and will be processed as minor changes 4 The following special procedures will be followed in authorizing Class II D daytime only stations on 940 and 1550 kHz and Class III daytime only stations on the 41 regional channels listed in 73 26 a to operate unlimited time | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
i Each eligible daytime only station in the foregoing categories will receive an Order to Show Cause why its license should not be modified to specify operation during nighttime hours with the facilities it is licensed to start using at local sunrise using the power stated in the Order to Show Cause that the Commission finds is the highest nighttime level not exceeding 0 5 kW at which the station could operate without causing prohibited interference to other domestic or foreign stations or to co channel or adjacent channel stations for which pending applications were filed before December 1 1987 ii Stations accepting such modification shall be reclassified Those authorized in such Show Cause Orders to operate during nighttime hours with a power of 0 25 kW or more or with a power that although less than 0 25 kW is sufficient to enable them to attain RMS field strengths of 141 mV m or more at 1 kilometer shall be redesignated as Class II B stations if they are assigned to 940 or 1550 kHz and as unlimited time Class III stations if they are assigned to regional channels iii Stations accepting such modification that are authorized to operate during nighttime hours at powers less than 0 25 kW and that cannot with such powers attain RMS field strengths of 141 mV m or more at 1 kilometer shall be redesignated as Class II S stations if they are assigned to 940 or 1550 kHz and as Class III S stations if they are assigned to regional channels iv Applications for new stations may be filed at any time on 940 and 1550 kHz and on the regional channels Also stations assigned to 940 or 1550 kHz or to the regional channels may at any time regardless of their | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
classifications apply for power increases up to the maximum generally permitted Such applications for new or changed facilities will be granted without taking into account interference caused to Class II S or Class III S stations but will be required to show interference protection to other classes of stations including stations that were previously classified as Class II S or Class III S but were later reclassified as Class II B or Class III unlimited time stations as a result of subsequent facilities modifications that permitted power increases qualifying them to discontinue their S subclassification f Applications for minor modifications for AM broadcast stations as defined in paragraph a 2 of this section may be filed at any time unless restricted by the FCC and will be processed on a first come first served basis with the first acceptable application cutting off the filing rights of subsequent conflicting applicants The FCC will periodically release a Public Notice listing those applications accepted for filing Applications received on the same day will be treated as simultaneously filed and if they are found to be mutually exclusive must be resolved through settlement or technical amendment Conflicting applications received after the filing of a first acceptable application will be grouped according to filing date behind the lead application in a queue The priority rights of the lead applicant against all other applicants are determined by the date of filing but the filing date for subsequent conflicting applicants only reserves a place in the queue The rights of an applicant in a queue ripen only upon a final 47 CFR 73 3571 f enhanced display page 455 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3571 g Radio Broadcast Services determination that the lead applicant is | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
unacceptable and if the queue member is reached and found acceptable The queue will remain behind the lead applicant until a construction permit is finally granted at which time the queue dissolves g Applications for change of license to change hours of operation of a Class C AM broadcast station to decrease hours of operation of any other class of station or to change station location involving no change in transmitter site will be considered without reference to the processing line h Processing new and major AM broadcast station applications 1 i The FCC will specify by Public Notice pursuant to 73 5002 a period for filing AM applications for a new station or for major modifications in the facilities of an authorized station AM applications for new facilities or for major modifications whether for commercial broadcast stations or noncommercial educational broadcast stations as described in 47 U S C 397 6 will be accepted only during these specified periods Applications submitted prior to the appropriate filing period or window opening date identified in the Public Notice will be returned as premature Applications submitted after the specified deadline will be dismissed with prejudice as untimely ii A Such AM applicants will be subject to the provisions of 1 2105 of this chapter and 73 5002 regarding the submission of the short form application FCC Form 175 and all appropriate certifications information and exhibits contained therein Applications must include the following engineering data 1 Community of license 2 Frequency 3 Class 4 Hours of operations day night critical hours 5 Power day night critical hours 6 Antenna location day night critical hours and 7 All other antenna data B Applications lacking data including any form of placeholder such as inapposite use of 0 or not applicable or an abbreviation thereof in | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
any of the categories listed in paragraph h 1 ii A of this section will be immediately dismissed as incomplete without an opportunity for amendment The staff will review the remaining applications to determine whether they meet the following basic eligibility criteria 1 Community of license coverage day and night as set forth in 73 24 i and 2 Protection of co and adjacent channel station licenses construction permits and prior filed applications day and night as set forth in 73 37 and 73 182 C If the staff review shows that an application does not meet one or more of the basic eligibility criteria listed in paragraph h 1 ii B of this section it will be deemed technically ineligible for filing and will be included on a Public Notice listing defective 47 CFR 73 3571 h 1 ii C enhanced display page 456 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3571 h 1 iii Radio Broadcast Services applications and setting a deadline for the submission of curative amendments An application listed on that Public Notice may be amended only to the extent directly related to an identified deficiency in the application The amendment may modify the proposed power class within the limits set forth in 73 21 of the rules antenna location or antenna data but not the proposed community of license or frequency Except as set forth in the preceding two sentences amendments to short form FCC Form 175 applications will not be accepted at any time Applications that remain technically ineligible after the close of this amendment period will be dismissed and the staff will determine which remaining applications are mutually exclusive The engineering proposals in eligible applications remaining after the close of the amendment period | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
will be protected from subsequently filed applications Determinations as to the acceptability or grantability of an applicant s proposal will not be made prior to an auction iii AM applicants will be subject to the provisions of 1 2105 and 73 5002 regarding the modification and dismissal of their short form applications 2 Subsequently the FCC will release Public Notices i Identifying the short form applications received during the window filing period which are found to be mutually exclusive including any applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 as well as the procedures the FCC will use to resolve the mutually exclusive applications ii Establishing a date time and place for an auction iii Providing information regarding the methodology of competitive bidding to be used in the upcoming auction bid submission and payment procedures upfront payment procedures upfront payment deadlines minimum opening bid requirements and applicable reserve prices in accordance with the provisions of 73 5002 iv Identifying applicants who have submitted timely upfront payments and thus are qualified to bid in the auction 3 After the close of the filing window the FCC will also release a Public Notice identifying any short form applications received which are found to be non mutually exclusive including any applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 All non mutually exclusive applicants will be required to submit an appropriate long form application within 30 days of the Public Notice and for applicants for commercial broadcast stations pursuant to the provisions of 73 5005 d Non mutually exclusive applications for commercial broadcast stations will be processed and the FCC will periodically release a Public Notice listing such non mutually exclusive applications determined to be acceptable for filing and announcing | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
a date by which petitions to deny must be filed in accordance with the provisions of 73 5006 and 73 3584 Non mutually exclusive applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 will be processed and the FCC will periodically release a Public Notice listing such non mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of 73 7004 and 73 3584 If the applicant is duly qualified and upon examination the FCC finds that the public interest convenience and necessity will be served by the granting of the non mutually exclusive long form application the same will be granted 4 47 CFR 73 3571 h 4 enhanced display page 457 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3571 h 4 i Radio Broadcast Services i The auction will be held pursuant to the procedures set forth in 1 2101 et seq and 73 5000 et seq Subsequent to the auction the FCC will release a Public Notice announcing the close of the auction and identifying the winning bidders Winning bidders will be subject to the provisions of 1 2107 of this chapter regarding down payments and will be required to submit the appropriate down payment within 10 business days of the Public Notice Pursuant to 1 2107 of this chapter and 73 5005 a winning bidder that meets its down payment obligations in a timely manner must within 30 days of the release of the Public Notice announcing the close of the auction submit the appropriate long form application for each construction permit for which it was the winning bidder Long form applications filed by | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
winning bidders shall include the exhibits identified in 73 5005 a ii Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to 1 2109 a Long form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of 73 5006 and 73 3584 Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees and if the applicant is duly qualified and upon examination the FCC finds that the public interest convenience and necessity will be served iii All long form applications will be cutoff as of the date of filing with the FCC and will be protected from subsequently filed long form applications Applications will be required to protect all previously filed commercial and noncommercial applications Subject to the restrictions set forth in paragraph k of this section winning bidders filing long form applications may change the technical proposals specified in their previously submitted short form applications but such change may not constitute a major change If the submitted long form application would constitute a major change from the proposal submitted in the short form application the long form application will be returned pursuant to paragraph h 1 i of this section i In order to grant a major or minor change application made contingent upon the grant of another licensee s request for a facility modification the Commission will not consider mutually exclusive applications by other parties that would not protect the currently authorized facilities of the contingent applicants Such | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
major change applications remain however subject to the provisions of 73 3580 and 1 1111 The Commission shall grant contingent requests for construction permits for station modifications only upon a finding that such action will promote the public interest convenience and necessity j Applications proposing to change the community of license of an AM station except for an AM station in the 1605 1705 kHz band are considered to be minor modifications under paragraphs a 2 and f of this section and are subject to the following requirements 1 The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of assignments under Section 307 b of the Communications Act of 1934 as amended 47 U S C 307 b 2 The daytime facilities specified by the applicant at the proposed community of license must be mutually exclusive as defined in 73 37 with the applicant s current daytime facilities and 3 The applicant must comply with the local public notice provisions of 73 3580 c 5 k 47 CFR 73 3571 k enhanced display page 458 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3571 k 1 Radio Broadcast Services 1 An AM applicant receiving a dispositive Section 307 b preference is required to construct and operate technical facilities substantially as proposed in its FCC Form 175 An AM applicant licensee or permittee receiving a dispositive Section 307 b preference based on its proposed service to underserved populations under Priority 1 Priority 2 and Priority 4 or service totals under Priority 4 may modify its facilities so long as it continues to provide the same priority service to substantially the same number of persons who would have received | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
service under the initial proposal even if the population is not the same population that would have received such service under the initial proposal For purposes of this provision substantially means that any proposed modification must not result in a decrease of more than 20 percent of any population figure that was a material factor in obtaining the dispositive Section 307 b preference 2 An AM applicant licensee or permittee that has received a dispositive preference under Priority 3 will be prohibited from changing its community of license 3 The restrictions set forth in paragraphs k 1 and k 2 of this section will be applied for a period of four years of on air operations This holding period does not apply to construction permits that are awarded on a non comparative basis such as those awarded to non mutually exclusive applicants or through settlement Note to 73 3571 For purposes of paragraph h 1 ii of this section 73 182 k interference standards apply when determining nighttime mutual exclusivity between applications to provide AM service that are filed in the same window Two applications would be deemed to be mutually exclusive if either application would be subject to dismissal because it would enter into i e raise the twenty five percent exclusion RSS nighttime limit of the other 63 FR 48625 Sept 11 1998 as amended at 64 FR 19501 Apr 21 1999 67 FR 45374 July 9 2002 68 FR 26227 May 15 2003 71 FR 6228 Feb 7 2006 71 FR 76219 Dec 20 2006 75 FR 9806 Mar 4 2010 76 FR 18952 Apr 6 2011 85 FR 36794 June 18 2020 73 3572 Processing of TV broadcast Class A TV broadcast low power TV TV translators and TV booster applications Link to an amendment published | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
at 89 FR 7260 Feb 1 2024 a Applications for TV stations are divided into two groups 1 In the first group are applications for new stations or major changes in the facilities of authorized stations A major change for TV broadcast stations authorized under this part is any change in frequency or community of license which is in accord with a present allotment contained in the Table of Allotments 73 622 j Other requests for change in frequency or community of license for TV broadcast stations must first be submitted in the form of a petition for rulemaking to amend the Table of Allotments 2 In the case of Class A TV stations authorized under subpart J of this part and low power TV TV translator and TV booster stations authorized under part 74 of this chapter a major change is any change in i Frequency output channel except a change in offset carrier frequency or 47 CFR 73 3572 a 2 i enhanced display page 459 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3572 a 2 ii Radio Broadcast Services ii Transmitting antenna location where the protected contour resulting from the change is not predicted to overlap any portion of the protected contour based on the station s authorized facilities 3 Other changes will be considered minor including changes made to implement a channel sharing arrangement provided they comply with the other provisions of this section and provided until October 1 2000 proposed changes to the facilities of Class A TV low power TV TV translator and TV booster stations other than a change in frequency will be considered minor only if the change s will not increase the signal range of the Class A TV low power | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
TV or TV booster in any horizontal direction 4 The following provisions apply to displaced Class A TV low power TV TV translator and TV booster stations i In the case of an authorized low power TV TV translator or TV booster which is predicted to cause or receive interference to or from an authorized TV broadcast station pursuant to 74 705 of this chapter or interference with broadcast or other services under 74 703 or 74 709 of this chapter an application for a change in output channel together with technical modifications which are necessary to avoid interference including a change in antenna location of less than 16 1km will not be considered as an application for a major change in those facilities ii Provided further that a low power TV or TV translator or TV booster station which is causing or receiving interference or is predicted to cause or receive interference to or from an authorized DTV station pursuant to 74 706 of this chapter or which is located within the distances specified in paragraph a 4 iv of this section to the coordinates of co channel DTV authorizations or allotment table coordinates if there are no authorized facilities at different coordinates may at any time file a displacement relief application for a change in output channel together with any technical modifications which are necessary to avoid interference or continue serving the station s protected service area Such an application will not be considered as an application for a major change in those facilities Where such an application is mutually exclusive with applications for new low power TV TV translator or TV booster stations or with other nondisplacement relief applications for facilities modifications of Class A TV low power TV TV translator or TV booster stations priority will | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
be afforded to the displacement application s to the exclusion of other applications iii A Class A TV station which is causing or receiving interference or is predicted to cause or receive interference to or from an authorized TV broadcast station pursuant to 73 6011 or 73 613 a DTV station or allotment pursuant to 73 6013 or 73 623 or which is located within the distances specified below in paragraph iv of this section to the coordinates of co channel DTV authorizations or allotment table coordinates if there are no authorized facilities at different coordinates or other service that protects and or is protected by Class A TV stations may at any time file a displacement relief application for a change in channel together with technical modifications that are necessary to avoid interference or continue serving the station s protected service area provided the station s protected contour resulting from a relocation of the transmitting antenna is predicted to overlap some portion of the protected contour based on its authorized facilities A Class A TV station displacement relief applications will be considered major change applications and will be placed on public notice for a period of not less than 30 days to permit the filing of petitions to deny However these applications will not be subject to the filing of competing applications Where a Class A displacement relief 47 CFR 73 3572 a 4 iii enhanced display page 460 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3572 a 4 iv Radio Broadcast Services application becomes mutually exclusive with applications for new low power TV TV translator or TV booster stations or with other non displacement relief applications for facilities modifications of Class A TV low power TV TV translator | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
or TV booster stations priority will be afforded to the Class A TV displacement relief application s to the exclusion of other applications Mutually exclusive displacement relief applications of Class A TV low power TV TV translators or TV booster stations filed on the same day will be subject to competitive bidding procedures if the mutual exclusivity is not resolved by an engineering solution iv A The geographic separations to co channel DTV facilities or allotment reference coordinates as applicable within which to qualify for displacement relief are the following 1 Stations on UHF channels 265 km 162 miles 2 Stations on VHF channels 2 6 280 km 171 miles 3 Stations on VHF channels 7 13 260 km 159 miles B Engineering showings of predicted interference may also be submitted to justify the need for displacement relief v Provided further that the FCC may within 15 days after acceptance of any other application for modification of facilities advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of 73 3522 73 3580 and 1 1111 of this chapter pertaining to major changes Such major modification applications filed for Class A TV low power TV TV translator TV booster stations and for a non reserved television allotment are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period See 47 CFR 73 5002 a b 1 A new file number will be assigned to an application for a new station or for major changes in the facilities of an authorized station when it is amended so as to effect a major change as defined in paragraph a 1 or 2 of this section or result in a situation where the original party or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
parties to the application do not retain more than 50 percent ownership interest in the application as originally filed and 73 3580 will apply to such amended application However such change in ownership is minor if i The governing board change in a nonstock or membership noncommercial educational NCE full power television applicant occurred over a period of six months or longer or ii The governing board change in a nonstock or membership NCE full power television applicant occurred over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization s mission 2 All changes in a governmental applicant are considered minor 3 An application for change in the facilities of any existing station will continue to carry the same file number even though pursuant to FCC approval an assignment of license or transfer of control of such licensee or permittee has taken place if upon consummation the application is amended to reflect the new ownership 47 CFR 73 3572 b 3 enhanced display page 461 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3572 c Radio Broadcast Services c Amendments to Class A TV low power TV TV translator TV booster stations or non reserved television applications which would require a new file number pursuant to paragraph b of this section are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period See 47 CFR 73 5002 a When an amendment to an application for a reserved television allotment would require a new file number pursuant to paragraph b of this section the applicant will have the opportunity to withdraw the amendment at any time prior to designation for a hearing | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
if applicable and may be afforded subject to the discretion of the Administrative Law Judge an opportunity to withdraw the amendment after designation for a hearing d 1 The FCC will specify by Public Notice a period for filing applications for new television stations on reserved noncommercial educational channels or for major modifications in the facilities of an authorized station on reserved channels TV reserved channel applications for new facilities or for major modifications will be accepted only during the appropriate filing period or window Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature Applications submitted after the specified deadline will be dismissed with prejudice as untimely Mutually exclusive applications for reserved channel television stations will be resolved using the point system in subpart K of this part 2 Concurrently with the filing of a new or major modification application for a reserved noncommercial educational channel the applicant shall submit to the FCC s public reference room and to a local public inspection file consistent with 73 3527 e 2 supporting documentation of points claimed as described in the application form e The FCC will specify by Public Notice a period for filing applications for a new non reserved television low power TV and TV translator stations or for major modifications in the facilities of such authorized stations whether for commercial broadcast stations or noncommercial educational broadcast stations as described in 47 U S C 397 6 and major modifications in the facilities of Class A TV stations f Applications for minor modification of Class A TV low power TV TV translator and TV booster stations may be filed at any time unless restricted by the FCC and will be processed on a first come first served basis with the first | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
acceptable application cutting off the filing rights of subsequent competing applicants Provided however that applications for minor modifications of Class A TV and those of TV broadcast stations may become mutually exclusive until grant of a pending Class A TV or TV broadcast minor modification application g TV booster station applications may be filed at any time Subsequent to filing the FCC will release a Public Notice accepting for filing and proposing for grant those applications which are not mutually exclusive with any other TV translator low power TV TV booster or Class A TV application and providing for the filing of Petitions To Deny pursuant to 73 3584 h Class A TV station licensees shall file a license application for either the flash cut channel or the digital companion channel they choose to retain for post transition digital operations Class A TV stations will retain primary protected regulatory status on their desired post transition digital channel Class A TV applicants must certify that their proposed post transition digital facilities meet all Class A TV interference protection requirements 63 FR 48626 Sept 11 1998 as amended at 65 FR 30007 May 10 2000 65 FR 36379 June 8 2000 67 FR 5513 Feb 6 2002 67 FR 45374 July 9 2002 68 FR 26227 May 15 2003 76 FR 44827 July 27 2011 82 FR 18249 Apr 18 2017 85 FR 7889 Feb 12 2020 86 FR 66213 Nov 22 2021 47 CFR 73 3572 h enhanced display page 462 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3573 Radio Broadcast Services 73 3573 Processing FM broadcast station applications a Applications for FM broadcast stations are divided into two groups 1 In the first group are applications for new stations or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
for major changes of authorized stations A major change in ownership is one in which the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed except that such change in ownership is minor if The governing board change in a nonstock or membership NCE applicant occurred over a period of six months or longer or the governing board change in a nonstock or membership NCE applicant occurred over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization s mission All changes in a governmental applicant are considered minor In the case of a Class D or an NCE FM reserved band channel station a major facility change is any change in antenna location which would not continue to provide a 1 mV m service to some portion of its previously authorized 1 mV m service area In the case of a Class D station a major facility change is any change in community of license or any change in frequency other than to a first second or third adjacent channel A major facility change for a commercial or a noncommercial educational full service FM station a winning auction bidder or a tentative selectee authorized or determined under this part is any change in frequency or community of license which is not in accord with its current assignment except for the following i A change in community of license which complies with the requirements of paragraph g of this section ii A change to a higher or lower class co channel first second or third adjacent channel or intermediate frequency iii A change to a same class first second or third adjacent channel or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
intermediate frequency iv A channel substitution subject to the provisions of Section 316 of the Communications Act for involuntary channel substitutions 2 The second group consists of applications for licenses and all other changes in the facilities of authorized stations b 1 The FCC may after the acceptance of an application for modification of facilities advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of 73 3522 73 3580 and 1 1111 of this chapter pertaining to major changes Such major modification applications in the non reserved band will be dismissed as set forth in paragraph f 2 i of this section 2 An amendment to a non reserved band application which would effect a major change as defined in paragraph a 1 of this section will not be accepted except as provided for in paragraph f 2 i of this section 3 A new file number will be assigned to a reserved band application for a new station or for major changes in the facilities of an authorized station when it is amended so as to effect a major change as defined in paragraph a 1 of this section Where an amendment to a reserved band application would require a new file number the applicant will have the opportunity to withdraw the amendment at any time prior to designation for hearing if applicable and may be afforded subject to the discretion of the Administrative Law Judge an opportunity to withdraw the amendment after designation for hearing 47 CFR 73 3573 b 3 enhanced display page 463 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3573 c Radio Broadcast Services c An application for changes in the facilities of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
any existing station will continue to carry the same file number even though pursuant to FCC approval an assignment of license or transfer of control of such licensee or permittee has taken place if upon consummation the application is amended to reflect the new ownership d If upon examination the FCC finds that the public interest convenience and necessity will be served by the granting of an application for FM broadcast facilities the same will be granted If the FCC is unable to make such a finding and it appears that a hearing may be required the procedure given in 73 3593 will be followed In the case of mutually exclusive applications for reserved channels the procedures in subpart K of this part will be followed In the case of mutually exclusive applications for unreserved channels the procedures in subpart I of this part will be followed e Processing reserved channel FM broadcast station applications 1 Applications for minor modifications for reserved channel FM broadcast stations as defined in paragraph a 2 of this section may be filed at any time unless restricted by the FCC and will be processed on a first come first served basis with the first acceptable application cutting off the filing rights of subsequent competing applicants The FCC will periodically release a Public Notice listing those applications accepted for filing Conflicting applications received on the same day will be treated as simultaneously filed and mutually exclusive Conflicting applications received after the filing of the first acceptable application will be grouped according to filing date behind the lead application in the queue The priority rights of the lead applicant against all other applicants are determined by the date of filing but the filing date for subsequent conflicting applicants only reserves a place in the queue The | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
right of an applicant in a queue ripens only upon a final determination that the lead applicant is unacceptable and that the queue member is reached and found acceptable The queue will remain behind the lead applicant until the construction permit is finally granted at which time the queue dissolves 2 The FCC will specify by Public Notice a period for filing reserved channel FM applications for a new station or for major modifications in the facilities of an authorized station FM reserved channel applications for new facilities or for major modifications will be accepted only during the appropriate filing period or window Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature Applications submitted after the specified deadline will be dismissed with prejudice as untimely 3 Concurrently with the filing of a new or major modification application for a reserved noncommercial educational channel the applicant shall submit to the FCC s public reference room and to a local public inspection file consistent with 73 3527 e 2 supporting documentation of points claimed as described in the application form 4 Timely filed applications for new facilities or for major modifications for reserved FM channels will be processed pursuant to the procedures set forth in subpart K of this part 73 7000 et seq Subsequently the FCC will release Public Notices identifying mutually exclusive groups of applications applications selected pursuant to the fair distribution procedures set forth in 73 7002 applications received during the window filing period which are found to be non mutually exclusive tentative selectees determined pursuant to the point system procedures set forth in 73 7003 and acceptable applications The Public Notices will also announce additional procedures to be followed for certain groups of applications deadlines for filing additional information | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
and dates by which petitions to deny must be filed in accordance with the provisions of 73 3584 If the applicant is duly qualified and upon examination the FCC finds that the public interest convenience and necessity 47 CFR 73 3573 e 4 enhanced display page 464 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3573 f Radio Broadcast Services will be served by the granting of the application it will be granted If an application is determined unacceptable for filing the application will be returned and subject to the amendment requirements of 73 3522 f Processing non reserved FM broadcast station applications 1 Applications for minor modifications for non reserved FM broadcast stations as defined in paragraph a 2 of this section may be filed at any time unless restricted by the FCC and generally will be processed in the order in which they are tendered The FCC will periodically release a Public Notice listing those applications accepted for filing Processing of these applications will be on a first come first serve basis with the first acceptable application cutting off the filing rights of subsequent applicants All applications received on the same day will be treated as simultaneously tendered and if they are found to be mutually exclusive must be resolved through settlement or technical amendment Applications received after the tender of a lead application will be grouped according to filing date behind the lead application in a queue The priority rights of the lead applicant as against all other applicants are determined by the date of filing but the filing date for subsequent applicants for that channel and community only reserves a place in the queue The rights of an applicant in a queue ripen only upon a final | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
determination that the lead applicant is unacceptable and if the queue member is reached and found acceptable The queue will remain behind the lead applicant until a construction permit is finally granted at which time the queue dissolves 2 i The FCC will specify by Public Notice pursuant to 73 5002 a a period for filing non reserved band FM applications for a new station or for major modifications in the facilities of an authorized station FM applications for new facilities or for major modifications whether for commercial broadcast stations or noncommercial educational broadcast stations as described in 47 U S C 397 6 will be accepted only during the appropriate filing period or window Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature Applications submitted after the specified deadline will be dismissed with prejudice as untimely ii Such FM applicants will be subject to the provisions of 1 2105 and 73 5002 regarding the submission of the short form application FCC Form 175 and all appropriate certifications information and exhibits contained therein FM applicants may submit a set of preferred site coordinates as a supplement to the short form application Any specific site indicated by FM applicants will not be studied for technical acceptability but will be protected from subsequently filed applications as a full class facility as of the close of the window filing period Determinations as to the acceptability or grantability of an applicant s proposal will not be made prior to an auction iii FM applicants will be subject to the provisions of 1 2105 and 73 5002 c regarding the modification and dismissal of their short form applications 3 Subsequently the FCC will release Public Notices i Identifying the short form applications received during the window | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
filing period which are found to be mutually exclusive including any applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 as well as the procedures the FCC will use to resolve the mutually exclusive applications 47 CFR 73 3573 f 3 i enhanced display page 465 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3573 f 3 ii Radio Broadcast Services ii Establishing a date time and place for an auction iii Providing information regarding the methodology of competitive bidding to be used in the upcoming auction bid submission and payment procedures upfront payment procedures upfront payment deadlines minimum opening bid requirements and applicable reserve prices in accordance with the provisions of 73 5002 iv Identifying applicants who have submitted timely upfront payments and thus are qualified to bid in the auction 4 If after the close of the appropriate window filing period a non reserved FM allotment remains vacant the window remains closed until the FCC by Public Notice specifies a subsequent period for filing non reserved band FM applications for a new station or for major modifications in the facilities of an authorized station pursuant to paragraph f 2 i of this section After the close of the filing window the FCC will also release a Public Notice identifying the short form applications which are found to be non mutually exclusive including any applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 These non mutually exclusive applicants will be required to submit the appropriate long form application within 30 days of the Public Notice and for applicants for commercial broadcast stations pursuant to the provisions of 73 5005 d Non mutually exclusive applications for commercial broadcast stations | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
will be processed and the FCC will periodically release a Public Notice listing such non mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of 73 5006 and 73 3584 Non mutually exclusive applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 will be processed and the FCC will periodically release a Public Notice listing such non mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of 73 7004 and 73 3584 If the applicant is duly qualified and upon examination the FCC finds that the public interest convenience and necessity will be served by the granting of the non mutually exclusive long form application it will be granted 5 i Pursuant to 1 2107 of this chapter and 73 5005 a winning bidder that meets its down payment obligations in a timely manner must within 30 days of the release of the public notice announcing the close of the auction submit the appropriate long form application for each construction permit for which it was the winning bidder Long form applications filed by winning bidders shall include the exhibits identified in 73 5005 a ii Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to 1 2109 a of this chapter Long form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of 73 5006 and 73 3584 Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees and if the applicant is duly qualified and upon examination the FCC finds that the public interest convenience and necessity will be served iii All long form applications will be cut off as of the date of filing with the FCC and will be protected from subsequently filed long form applications and rulemaking petitions Applications will be required to protect all previously filed commercial and noncommercial 47 CFR 73 3573 f 5 iii enhanced display page 466 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3573 f 6 Radio Broadcast Services applications Winning bidders filing long form applications may change the technical proposals specified in their previously submitted short form applications but such change may not constitute a major change If the submitted long form application would constitute a major change from the proposal submitted in the short form application or the allotment the long form application will be returned pursuant to paragraph f 2 i of this section 6 i When a non reserved channel FM allotment is added to the Table of FM Allotments using the Tribal Priority described in Note 5 to this section the FCC will specify by Public Notice a window filing period during which only those applicants that satisfy all of the eligibility criteria listed in Note 5 to this section with regard to the specific Tribal Priority FM allotment s listed in the Public Notice may file a long form application for the Tribal Priority FM allotment Only applications from applicants meeting the threshold qualifications listed in Note 5 will be accepted during this window filing | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
period ii If only one application for the Tribal Priority FM allotment is accepted for filing during the threshold qualifications window the long form application will be processed If two or more applications for the Tribal Priority FM allotment are accepted for filing during the threshold qualifications window the FCC will specify by Public Notice a period of time after the close of the threshold qualifications window but before the next FM auction during which the parties may negotiate a settlement or bona fide merger as a way of resolving the conflict between their applications Parties to a settlement must comply with 73 3525 of the Commission s rules If a settlement or bona fide merger is reached the surviving application will be processed If no settlement or bona fide merger is reached among the threshold qualifications window applicants the Tribal Priority FM allotment will be offered at auction as described in paragraphs f 2 through f 5 of this section except that only those applicants whose applications were accepted for filing pursuant to paragraph f 6 i of this section may participate in the initial auction of the Tribal Priority FM allotment iii If no application is accepted for filing during the threshold qualifications window and the party that initially proposed the Tribal Priority FM allotment requests by letter to the Audio Division Media Bureau that its pending long form application not be immediately processed the Tribal Priority FM allotment will be auctioned as described in paragraphs f 2 through f 5 of this section in the normal course for vacant FM allotments When a Tribal Priority FM allotment is offered at auction for the first time only those applicants meeting the threshold qualifications for that specific Tribal Priority FM allotment as described in Note 5 to this section | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
may participate in the auction of that allotment iv Should no applicant meeting threshold qualifications as described in Note 5 to this section apply to bid on a Tribal Priority FM allotment in the first auction in which it is offered or should no applicant meeting threshold qualifications qualify to bid in the first auction in which a Tribal Priority FM allotment is offered then the Tribal Priority FM allotment will be offered in a subsequent auction Any such subsequent auction of a Tribal Priority FM allotment shall proceed as described in paragraphs f 2 through f 5 of this section and any qualified applicant may participate in the auction of the Tribal Priority FM allotment in such subsequent auction regardless of whether it meets the threshold qualifications with regard to that specific Tribal Priority FM allotment 47 CFR 73 3573 f 6 iv enhanced display page 467 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3573 g Radio Broadcast Services g Applications proposing to change the community of license of an FM station or assignment are considered to be minor modifications under paragraphs a 2 e 1 and f 1 of this section and are subject to the following requirements 1 The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of allotments or assignments under Section 307 b of the Communications Act of 1934 as amended 47 U S C 307 b 2 The facilities specified by the applicant at the proposed community of license must be mutually exclusive as defined in 73 207 or 73 509 with the applicant s current facilities or its current assignment in the case of a winning auction bidder or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
tentative selectee and 3 The applicant must comply with the local public notice provisions of 73 3580 c 5 4 Non reserved band applications must demonstrate the existence of a suitable assignment or allotment site that fully complies with 73 207 and 73 315 without resort to 73 213 or 73 215 Note 1 to 73 3573 Applications to modify the channel and or class to an adjacent channel intermediate frequency IF channel or co channel may utilize the provisions of the Commission s Rules permitting short spaced stations as set forth in 73 215 as long as the applicant shows by separate exhibit attached to the application the existence of an allotment reference site which meets the allotment standards the minimum spacing requirements of 73 207 and the city grade coverage requirements of 73 315 This exhibit must include a site map or in the alternative a statement that the transmitter will be located on an existing tower Examples of unsuitable allotment reference sites include those which are offshore in a national or state park in which tower construction is prohibited on an airport or otherwise in an area which would necessarily present a hazard to air navigation Note 2 to 73 3573 Processing of applications for new low power educational FM applications Pending the Commission s restudy of the impact of the rule changes pertaining to the allocations of 10 watt and other low power noncommercial educational FM stations applications for such new stations or major changes in existing ones will not be accepted for filing Exceptions are 1 In Alaska applications for new Class D stations or major changes in existing ones are acceptable for filing and 2 applications for existing Class D stations to change frequency are acceptable for filing In 2 upon the grant of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
such application the station shall become a Class D secondary station See First Report and Order Docket 20735 FCC 78 386 43 FR 25821 and Second Report and Order Docket 20735 FCC 78 384 43 FR 39704 Effective date of this FCC imposed freeze was June 15 1978 Applications which specify facilities of at least 100 watts effective radiated power will be accepted for filing Note 3 to 73 3573 For rules on processing FM translator and booster stations see 74 1233 of this chapter 47 CFR 73 3573 g 4 enhanced display page 468 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3573 g 4 Radio Broadcast Services Note 4 to 73 3573 A Class C station operating with antenna height above average terrain HAAT of less than 451 meters is subject to reclassification as a Class C0 station upon the filing of a triggering application for construction permit that is short spaced to such a Class C station under 73 207 but would be fully spaced to such a station considered as a Class C0 assignment Triggering applications may utilize 73 215 Triggering applications must certify that no alternative channel is available for the proposed service Available alternative frequencies are limited to frequencies that the proposed service could use at the specified antenna location in full compliance with the distance separation requirements of 73 207 without any other changes to the FM Table of Allotments Copies of a triggering application and related pleadings must be served on the licensee of the affected Class C station If the staff concludes that a triggering application is acceptable for filing it will issue an order to show cause why the affected station should not be reclassified as a Class C0 station The | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
order to show cause will provide the licensee 30 days to express in writing an intention to seek authority to modify the subject station s technical facilities to minimum Class C HAAT or to otherwise challenge the triggering application If no such intention is expressed and the triggering application is not challenged the subject station will be reclassified as a Class C0 station and processing of the triggering application will be completed If an intention to modify is expressed an additional 180 day period will be provided during which the Class C station licensee must file an acceptable construction permit application to increase antenna height to at least 451 meters HAAT Upon grant of such a construction permit application the triggering application will be dismissed Class C station licensees must serve on triggering applicants copies of any FAA submissions related to the application grant process If the construction is not completed as authorized the subject Class C station will be reclassified automatically as a Class C0 station The reclassification procedure also may be initiated through the filing of an original petition for rule making to amend the FM Table of Allotments as set forth in Note 2 to 1 420 g Note 5 to 73 3573 The Tribal Priority is that established by the Commission in Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures MB Docket 09 52 See First Report and Order and Further Notice of Proposed Rule Making MB Docket 09 52 FCC 10 24 75 FR 9797 75 FR 9856 75 FR 73976 Second Report and Order First Order on Reconsideration and Second Further Notice of Proposed Rule Making MB Docket 09 52 FCC 11 28 76 FR 14362 76 FR 18942 Third Report and Order MB Docket 09 52 FCC 11 | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
190 To qualify for the Tribal Priority and thus meet threshold qualifications for a particular allotment an applicant must demonstrate that it meets all of the following eligibility criteria a The applicant is either a federally recognized Tribe or Tribal consortium or an entity 51 percent or more of which is owned or controlled by a Tribe or Tribes Qualifying Tribes or Tribal entities must be those at least a portion of whose Tribal Lands lie within the principal community contour of the proposed facility Although the 51 or greater percent Tribal control threshold need not consist of a single Tribe the 47 CFR 73 3573 g 4 enhanced display page 469 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3574 Radio Broadcast Services qualifying entity must be 51 percent or more owned or controlled by Tribes at least a portion of whose Tribal Lands lie within the facility s principal community contour b 1 at least 50 percent of the area within the proposed principal community contour is over that Tribe s Tribal Lands or 2 the proposed principal community contour i encompasses 50 percent or more of that Tribe s Tribal Lands ii serves at least 2 000 people living on Tribal Lands and iii the total population on Tribal Lands residing within the proposed service contour constitutes at least 50 percent of the total covered population and in the case of either b 1 or b 2 the proposed principal community contour does not cover more than 50 percent of the Tribal Lands of a Tribe that is not a party to the application c the proposed community of license must be located on Tribal Lands and d the proposed service must constitute first or second aural reception | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
service or first local Tribal owned commercial transmission service at the proposed community of license For purposes of this section the definition of Tribal Lands is the same as that set forth at footnote 15 of the First Report and Order and Further Notice of Proposed Rule Making FCC 10 24 and as further set forth at paragraphs 8 10 and 59 of the Second Report and Order First Order on Reconsideration and Second Further Notice of Proposed Rule Making FCC 11 28 63 FR 48627 Sept 11 1998 as amended at 64 FR 19502 Apr 21 1999 65 FR 36379 June 8 2000 65 FR 79780 Dec 20 2000 67 FR 45374 July 9 2002 68 FR 26228 May 15 2003 71 FR 6228 Feb 7 2006 71 FR 76220 Dec 20 2006 77 FR 2922 Jan 20 2012 85 FR 7890 Feb 12 2020 85 FR 36794 June 18 2020 73 3574 Processing of international broadcast station applications a Applications for International station facilities are divided into two groups 1 In the first group are applications for new stations or for major changes in the facilities of authorized stations A major change is any change in or addition to authorized zones or areas of reception any change in transmitter location other than one in the immediate vicinity of existing antennas of the station or any change in power or antenna directivity However the FCC may within 15 days after the acceptance for filing of any other application for modification advise the applicant that such application is considered to be one for a major change and therefore is subject to 1 1111 and 73 3580 pertaining to major changes 2 The second group consists of applications for licenses and all other changes in the facilities of authorized stations b | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
If an application is amended so as to effect a major change as defined in paragraph a 1 of this section or so as to result in an assignment or transfer of control which in the case of an authorized station would require the filing of an application therefor on FCC Form 314 or 315 see 73 3540 73 3580 will apply to such amended application c Applications for International stations will be processed as nearly as possible in the order in which they are filed 44 FR 38504 July 2 1979 47 CFR 73 3574 c enhanced display page 470 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3578 Radio Broadcast Services 73 3578 Amendments to applications for renewal assignment or transfer of control Link to an amendment published at 89 FR 7261 Feb 1 2024 a Any amendments to an application for renewal of any instrument of authorization shall be considered to be a minor amendment However the FCC may within 15 days after tender for filing of any amendment advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of 73 3580 b Any amendment to an application for assignment of construction permit or license or consent to the transfer of control of a corporation holding such a construction permit or license shall be considered to be a minor amendment except that any amendment which seeks a change in the ownership interest of the proposed assignee or transferee which would result in a change in control or any amendment which would require the filing of FCC Forms 314 315 or 345 see 73 3540 if the changes sought were made in an original application for assignment or transfer | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
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