Content stringlengths 3 2.3k | File stringclasses 52 values |
|---|---|
of control shall be considered to be a major amendment However the FCC may within 15 days after the acceptance for filing of any other amendment advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of 73 3580 44 FR 38504 July 2 1979 as amended at 51 FR 18451 May 20 1986 73 3580 Local public notice of filing of broadcast applications a Definitions The following definitions shall apply to this section 1 Acceptance public notice A Commission public notice announcing that an application has been accepted for filing 2 Applicant affiliated website i Any of the following internet websites to the extent they are maintained in order of priority A The applicant station s internet website B The applicant s internet website or C The applicant s parent entity s internet website ii An applicant maintaining or having access to more than one of the internet websites in paragraphs a 2 i A through C of this section shall post a link or tab to a web page containing the online notice text on the website with the highest priority 3 Locally originating programming Programming from a low power television LPTV or television translator station as defined in 74 701 h of this chapter 4 Major amendment A major amendment to an application is that defined in 73 3571 b 73 3572 c 73 3573 b and 73 3578 and 74 787 b of this chapter 5 Publicly accessible website An internet website i That is accessible to members of the public without registration or payment requirements or any other requirement that the user provide information or response to a survey or questionnaire in exchange for being able to access information on the website and 47 CFR | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
73 3580 a 5 i enhanced display page 471 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3580 a 5 ii Radio Broadcast Services ii That is locally targeted to the area served and or to be served by the applicant station e g local government internet website local community bulletin board internet website state broadcasters association internet website For international broadcast station applications filed pursuant to 73 3574 the internet website must locally target the community in which the International broadcast station s transmission facilities are located or are proposed to be located e g local government internet website local community bulletin board internet website b Types of public notice Public notice is required of applicants for certain broadcast authorizations in the manner set forth in paragraphs b 1 and 2 of this section 1 On air announcement An applicant shall broadcast on air announcements of the filing of certain applications for authorization if required as set forth in paragraph c of this section over its station as follows i Content The on air announcement shall be in the following form On DATE APPLICANT NAME licensee of STATION CALL SIGN STATION FREQUENCY STATION COMMUNITY OF LICENSE filed an application with the Federal Communications Commission for TYPE OF APPLICATION Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit publicfiles fcc gov and search in STATION CALL SIGN S public file An applicant station without an online public inspection file shall instead broadcast the following on air announcement On DATE APPLICANT NAME licensee of STATION CALL SIGN STATION FREQUENCY STATION COMMUNITY OF LICENSE filed an application with the Federal Communications Commission for TYPE OF APPLICATION Members of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the public wishing to view this application or obtain information about how to file comments and petitions can visit www fcc gov stationsearch and search in the list of STATION CALL SIGN S filed applications Television broadcast stations in presenting on air announcements must use visuals with the full text of the on air announcement when this information is being orally presented by the announcer ii Frequency of broadcast The applicant shall broadcast the on air announcements at least once per week Monday through Friday for four consecutive weeks for a total of six 6 broadcasts with no more than two broadcasts in a week Broadcasts made in the same week shall not air on the same day iii Commencement of broadcast The applicant may air the first broadcast of the on air announcement as early as the date of release of the acceptance public notice for the application but not later than the fifth business day following release of the acceptance public notice for the application iv Time of broadcast The applicant shall broadcast all on air announcements between the hours of 7 00 a m and 11 00 p m local time at the applicant station s community of license Monday through Friday v Language of broadcast A station broadcasting primarily in a foreign language should broadcast the announcements in that language 47 CFR 73 3580 b 1 v enhanced display page 472 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3580 b 1 vi Radio Broadcast Services vi Silent stations or stations not broadcasting Any station required to broadcast on air announcements that is not broadcasting during all or a portion of the period during which on air announcements are required to be broadcast including silent stations and | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
noncommercial educational broadcast stations that are not scheduled to broadcast during the portion of the year during which on air announcements are required to be broadcast must comply with the provisions of paragraph b 2 of this section during the time period in which it is unable to broadcast required on air announcements and must broadcast required on air announcements during the time period it is able to do so 2 Online notice An applicant shall conspicuously post on an internet website notice of the filing of certain applications for authorization if required as set forth in paragraph c of this section as follows i Content The online notice shall be in the following form On DATE APPLICANT NAME PERMITTEE LICENSEE of STATION CALL SIGN STATION FREQUENCY STATION COMMUNITY OF LICENSE OR FOR INTERNATIONAL BROADCAST STATIONS COMMUNITY WHERE THE STATION S TRANSMISSION FACILITIES ARE LOCATED filed an application with the Federal Communications Commission for TYPE OF APPLICATION Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit INSERT HYPERLINK TO APPLICATION LINK IN APPLICANT S ONLINE PUBLIC INSPECTION FILE OPIF OR IF THE STATION HAS NO OPIF TO APPLICATION LOCATION IN THE MEDIA BUREAU S LICENSING AND MANAGEMENT SYSTEM IF AN INTERNATIONAL BROADCAST STATION TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS ICFS DATABASE An applicant for a proposed but not authorized station shall post the following online notice On DATE APPLICANT NAME applicant for A NEW STATION TYPE STATION ON STATION FREQUENCY STATION COMMUNITY OF LICENSE OR FOR INTERNATIONAL BROADCAST STATIONS COMMUNITY WHERE THE STATION S TRANSMISSION FACILITIES ARE TO BE LOCATED filed an application with the Federal Communications Commission for TYPE OF APPLICATION Members of the public wishing to view this application or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
obtain information about how to file comments and petitions on the application can visit INSERT HYPERLINK TO APPLICATION LOCATION IN THE MEDIA BUREAU S LICENSING AND MANAGEMENT SYSTEM IF AN INTERNATIONAL BROADCAST STATION TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS ICFS DATABASE An applicant for an authorization under section 325 c of the Communications Act Studio Delivering Programs to a Foreign Station shall post the following online notice On DATE APPLICANT NAME filed an application with the Federal Communications Commission for a permit to deliver programs to foreign station FOREIGN STATION CALL SIGN FOREIGN STATION FREQUENCY FOREIGN STATION COMMUNITY OF LICENSE DESCRIPTION OF THE PROGRAMS TO BE TRANSMITTED OVER THE STATION Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit INSERT HYPERLINK TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS ICFS DATABASE ii Site The applicant shall post online notice by posting a conspicuous link or tab labeled FCC Applications on an applicant affiliated website as defined in paragraph a 2 of this section The link or tab will link directly to a page containing only the online notice text referenced in 47 CFR 73 3580 b 2 ii enhanced display page 473 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3580 b 2 iii Radio Broadcast Services paragraph b 2 i of this section To the extent that there are no pending applications requiring online public notice the link or tab should link to a page indicating that there are no pending applications subject to the posting requirement This page must include the date when it was last updated If the applicant does not maintain or have access to an applicant affiliated | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
website the applicant may post the online notice on a publicly accessible website as defined in paragraph a 5 of this section An applicant for an authorization under section 325 c of the Communications Act Studio Delivering Programs to a Foreign Station shall post online notice on a publicly accessible website that is locally targeted to the principal area to be served in the United States by the foreign broadcast station iii Duration of posting If the online notice is posted on an applicant affiliated website or on a publicly accessible website for which the applicant is not required to compensate the website owner in exchange for posting the online notice then the applicant must post the online notice for a minimum of 30 consecutive days If the applicant does not maintain an applicant affiliated website and the applicant is required to compensate a website owner in exchange for posting on a publicly accessible website the applicant must post the online notice for a period of not less than 24 consecutive hours once per week Monday through Friday for four consecutive weeks iv Commencement of posting The applicant must post the online notice no earlier than the date of release of the acceptance public notice for the application and not later than five business days following release of the acceptance public notice for the application c Applications requiring local public notice The following applications filed by licensees or permittees of the following types of stations must provide public notice in the manner set forth in paragraphs c 1 through 7 of this section 1 Applications for a construction permit for a new station a major amendment thereto or a major modification to a construction permit for a new unbuilt station i For a commercial or noncommercial educational full power television | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
commercial or noncommercial educational full service AM or FM radio station Class A television station low power television LPTV or television translator station low power FM LPFM station or commercial or noncommercial FM translator or FM booster station the applicant shall give online notice ii For an international broadcast station the applicant shall give online notice on a publicly accessible website locally targeted to the community in which the station s transmission facilities are to be located 2 Applications for a major change to the facilities of an operating station or major amendments thereto i For a noncommercial educational full power television noncommercial full service AM or FM radio station or for an LPFM station the applicant shall broadcast on air announcements ii For a commercial full power television commercial full service AM or FM radio station or a Class A television station the applicant shall both broadcast on air announcements and give online notice iii For an LPTV or television translator station or an FM translator or FM booster station the applicant shall give online notice 47 CFR 73 3580 c 2 iii enhanced display page 474 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3580 c 2 iv Radio Broadcast Services iv For an international broadcast station the applicant shall give online notice on a publicly accessible website locally targeted to the community in which the station s transmission facilities are located 3 Applications for renewal of license i For a full power television full service AM or FM radio station Class A television station LPTV station locally originating programming or LPFM station the applicant shall broadcast on air announcements ii For an LPTV station that does not locally originate programming or for a TV or FM translator station | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the applicant shall give online notice iii For an international broadcast station the applicant shall give online notice on a publicly accessible website locally targeted to the community in which the station s transmission facilities are located 4 Applications for assignment or transfer of control of a construction permit or license or major amendments thereto i For a noncommercial educational full power television noncommercial educational full service AM or FM radio station or an LPFM station the applicant shall broadcast on air announcements ii For a commercial full power television commercial full service AM or FM radio station Class A television station or an LPTV station that locally originates programming the applicant shall both broadcast on air announcements and give online notice iii For an LPTV station that does not locally originate programming or a TV or FM translator station the applicant shall give online notice iv For an international broadcast station the applicant shall give online notice on a publicly accessible website locally targeted to the community in which the station s transmission facilities are located v For any application for assignment or transfer of control of a construction permit or license for a station that is not operating the applicant shall give online notice 5 Applications for a minor modification to change a station s community of license or major amendments thereto i For a noncommercial educational full service AM or FM radio station the applicant shall broadcast on air announcements ii For a commercial full service AM or FM radio station the applicant shall both broadcast on air announcements and give online notice In addition to the online notice set forth in paragraph b 2 of this section locally targeted to the applicant station s current community of license the applicant shall also give online notice on | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
a publicly accessible website locally targeted to the community that the applicant proposes to designate as its new community of license for the same time periods and in the same manner as set forth in paragraph b 2 of this section 6 Applications for a permit pursuant to section 325 c of the Communications Act studio delivering programming to a foreign station The applicant shall give online notice 47 CFR 73 3580 c 6 enhanced display page 475 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3580 c 7 Radio Broadcast Services 7 Applications by LPTV stations to convert to Class A status pursuant to the Low Power Protection Act The applicant shall both broadcast on air announcements and give online notice d Applications for which local public notice is not required The following types of applications are not subject to the local public notice provisions of this section 1 A minor change in the facilities of an authorized station as indicated in 73 3571 73 3572 73 3573 and 73 3574 and 74 787 b of this chapter except a minor change to designate a different community of license for an AM or FM radio broadcast station pursuant to the provisions of 73 3571 j and 73 3573 g 2 Consent to an involuntary assignment or transfer or to a voluntary assignment or transfer which does not result in a change of control and which may be applied for on FCC Form 316 or any successor form released in the future pursuant to the provisions of 73 3540 b 3 A license under section 319 c of the Communications Act or pending application for or grant of such license any special or temporary authorization to permit interim operation to facilitate | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
completion of authorized construction or to provide substantially the same service as would be authorized by such license 4 Extension of time to complete construction of authorized facilities 5 An authorization of facilities for remote pickup or studio links for use in the operation of a broadcast station 6 Authorization pursuant to section 325 c of the Communications Act Studio Delivering Programs to a Foreign Station where the programs to be transmitted are special events not of a continuing nature 7 An authorization under any of the proviso clauses of section 308 a of the Communications Act concerning applications for and conditions in licenses e Certification of local public notice 1 The applicant must certify in the appropriate application that it will comply with the public notice requirements set forth in paragraph c of this section 2 An applicant for renewal of a license that is required to maintain an online public inspection file shall within seven 7 days of the last day of broadcast of the required on air announcements place in its online public inspection file a statement certifying compliance with this section along with the dates and times that the on air announcements were broadcast An applicant for renewal of a license that is required to maintain an online public inspection file and that is not broadcasting during all or a portion of the period during which on air announcements are required to be broadcast as set forth in paragraph b 1 vi of this section shall within seven 7 days of the last on air announcement or last day of posting online notice whichever occurs last place in its online public inspection file a statement certifying compliance with this section along with the dates and times that any on air announcements were broadcast along with the | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
dates and times that online notice was posted and the Universal Resource Locator URL of the internet website on which online notice was posted This certification need not be filed with the Commission but shall be retained in the online public inspection file for as long as the application to which it refers 47 CFR 73 3580 e 2 enhanced display page 476 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3580 f Radio Broadcast Services f Time for acting on applications Applications as originally filed or amended will be acted upon by the FCC no sooner than 30 days following release of the acceptance public notice except as otherwise permitted in 73 3542 or 73 1635 85 FR 36794 June 18 2020 as amended at 86 FR 14851 Mar 19 2021 88 FR 21448 Apr 10 2023 89 FR 1477 Jan 10 2024 73 3584 Procedure for filing petitions to deny Link to an amendment published at 89 FR 7261 Feb 1 2024 a For mutually exclusive applications subject to selection by competitive bidding non reserved channels or fair distribution point system reserved channels petitions to deny may be filed only against the winning bidders or tentative selectee s and such petitions will be governed by 73 5006 and 73 7004 respectively For all other applications the following rules will govern Except in the case of applications for new low power TV TV translator or TV booster stations for major changes in the existing facilities of such stations or for applications for a change in output channel tendered by displaced low power TV and TV translator stations pursuant to 73 3572 a 1 any party in interest may file with the Commission a Petition to Deny any application whether as | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
originally filed or if amended so as to require a new file number pursuant to 73 3571 j 73 3572 b 73 3573 b 73 3574 b or 73 3578 for which local notice pursuant to 73 3580 is required provided such petitions are filed prior to the day such applications are granted or designated for hearing but where the FCC issues a public notice pursuant to the provisions of 73 3571 c 73 3572 c or 73 3573 d establishing a cut off date such petitions must be filed by the date specified In the case of applications for transfers and assignments of construction permits or station licenses Petitions to Deny must be filed not later than 30 days after issuance of a public notice of the acceptance for filing of the applications In the case of applications for renewal of license Petitions to Deny may be filed at any time up to the deadline established in 73 3516 e Requests for extension of time to file Petitions to Deny applications for new broadcast stations or major changes in the facilities of existing stations or applications for renewal of license will not be granted unless all parties concerned including the applicant consent to such requests or unless a compelling showing can be made that unusual circumstances make the filing of a timely petition impossible and the granting of an extension warranted b Except in the case of applications for new low power TV or TV translator stations or for major changes in the existing facilities of such stations the applicant may file an opposition to any Petition to Deny and the Petitioner a reply to such opposition in which allegations of fact or denials thereof shall be supported by affidavit of a person or persons with personal knowledge thereof | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
The times for filing such oppositions and replies shall be those provided in 1 45 except that as to a Petition to Deny an application for renewal of license an opposition thereto may be filed within 30 days after the Petition to Deny is filed and the party that filed the Petition to Deny may reply to the opposition within 20 days after opposition is due or within 20 days after the opposition is filed whichever is longer The failure to file an opposition or a reply will not necessarily be construed as an admission of fact or argument contained in a pleading c In the case of applications for new low power TV TV translator or TV booster stations for major changes in the existing facilities of such stations or for applications for a change in output channel tendered by displaced low power TV and TV translator stations pursuant to 73 3572 a 1 any party in interest may file with the FCC a Petition to Deny any applcation whether as originally filed or if amended so as to require a new file number pursuant to 73 3572 b for which local notice pursuant to 73 3580 is required provided such petitions are filed within 30 days of the FCC Public Notice proposing the 47 CFR 73 3584 c enhanced display page 477 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3584 d Radio Broadcast Services application for grant applicants may file oppositions within 15 days after the Petition to Deny is filed but where the FCC selects a tentative permittee pursuant to Section 1 1601 et seq Petitions to Deny shall be accepted only if directed against the tentative selectee and filed after issuance of and within 15 days | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of FCC Public Notice announcing the tentative selectee The applicant may file an opposition within 15 days after the Petition to Deny is filed In cases in which the minimum diversity preference provided for in 1 1623 f 1 has been applied an objection to diversity claim and opposition thereto may be filed against any applicant receiving a diversity preference within the same time period provided herein for Petitions and Oppositions In all pleadings allegations of fact or denials thereof shall be supported by appropriate certification However the FCC may announce by the Public Notice announcing the acceptance of the last filed mutually exclusive application that a notice of Petition to Deny will be required to be filed no later than 30 days after issuance of the Public Notice d A party in interest may file a Petition to Deny any application that proposes reclassification of a Class C authorization to Class C0 not later than 30 days after issuance of an order to show cause by the Commission notifying the affected licensee of the proposed reclassification e Untimely Petitions to Deny as well as other pleadings in the nature of a Petition to Deny and any other pleadings or supplements which do not lie as a matter of law or are otherwise procedurally defective are subject to return by the FCC s staff without consideration 48 FR 27206 June 13 1983 as amended at 52 FR 31401 Aug 20 1987 53 FR 2499 Jan 28 1988 55 FR 28914 July 16 1990 61 FR 18291 Apr 25 1996 65 FR 36379 June 8 2000 65 FR 79780 Dec 20 2000 73 3587 Procedure for filing informal objections Link to an amendment published at 89 FR 7261 Feb 1 2024 Before FCC action on any application for an instrument of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
authorization any person may file informal objections to the grant Such objections may be submitted in letter form without extra copies and shall be signed The limitation on pleadings and time for filing pleadings provided for in 1 45 of the rules shall not be applicable to any objections duly filed under this section 44 FR 38507 July 2 1979 73 3588 Dismissal of petitions to deny or withdrawal of informal objections a Whenever a petition to deny or an informal objection has been filed against any application and the filing party seeks to dismiss or withdraw the petition to deny or the informal objection either unilaterally or in exchange for financial consideration that party must file with the Commission a request for approval of the dismissal or withdrawal a copy of any written agreement related to the dismissal or withdrawal and an affidavit setting forth 1 A certification that neither the petitioner nor its principals has received or will receive any money or other consideration in excess of legitimate and prudent expenses in exchange for the dismissal or withdrawal of the petition to deny 2 The exact nature and amount of any consideration received or promised 3 An itemized accounting of the expenses for which it seeks reimbursement and 47 CFR 73 3588 a 3 enhanced display page 478 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3588 a 4 Radio Broadcast Services 4 The terms of any oral agreement related to the dismissal or withdrawal of the petition to deny In addition within 5 days of petitioner s request for approval each remaining party to any written or oral agreement must submit an affidavit setting forth 5 A certification that neither the applicant nor its principals had paid or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
will pay money or other consideration in excess of the legitimate and prudent expenses of the petitioner in exchange for dismissing or withdrawing the petition to deny and 6 The terms of any oral agreement relating to the dismissal or withdrawal of the petition to deny b Citizens agreements For purposes of this section citizens agreements include agreements arising whenever a petition to deny or informal objection has been filed against any application and the filing party seeks to dismiss or withdraw the petition or objection in exchange for nonfinancial consideration e g programming ascertainment or employment initiatives The parties to such an agreement must file with the Commission a joint request for approval of the agreement a copy of any written agreement and an affidavit executed by each party setting forth 1 Certification that neither the petitioner nor any person or organization related to the petitioner has received or will receive any money or other consideration in connection with the citizens agreement other than legitimate and prudent expenses incurred in prosecuting the petition to deny 2 Certification that neither the petitioner nor any person or organization related to petitioner is or will be involved in carrying out for a fee any programming ascertainment employment or other non financial initiative referred to in the citizens agreement and 3 The terms of any oral agreement c For the purposes 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 A petition shall be deemed to be pending before the Commission from the time a petition is filed with the Commission until an order | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of the Commission granting or denying the petition 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 a petitioner in preparing filing and prosecuting its petition for which reimbursement is being sought 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 non financial concessions that confer any type of benefit on the recipient 54 FR 22598 May 25 1989 Redesignated and amended at 55 FR 28914 July 16 1990 73 3589 Threats to file petitions to deny or informal objections a No person shall make or receive any payments in exchange for withdrawing a threat to file or refraining from filing a petition to deny or an informal objection For the purposes of this section reimbursement by an applicant of the legitimate and prudent expenses of a potential petitioner or objector incurred reasonably and directly in preparing to file a petition to deny will not be considered to be payment for 47 CFR 73 3589 a enhanced display page 479 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3589 b Radio Broadcast Services refraining from filing a petition to deny or informal objection Payments made directly to a potential petitioner or objector or a person related to a potential petitioner or objector to implement nonfinancial promises are prohibited unless specifically approved by the Commission b Whenever any payment is made in exchange for withdrawing a threat to file or refraining from filing a petition to deny or informal objection the licensee must file with the Commission a copy of any written agreement related to the dismissal or | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
withdrawal and an affidavit setting forth 1 Certification that neither the would be petitioner nor any person or organization related to the would be petitioner has received or will receive any money or other consideration in connection with the citizens agreement other than legitimate and prudent expenses reasonably incurred in preparing to file the petition to deny 2 Certification that unless such arrangement has been specifically approved by the Commission neither the would be petitioner nor any person or organization related to the would be petitioner is or will be involved in carrying out for a fee any programming ascertainment employment or other nonfinancial initiative referred to in the citizens agreement and 3 The terms of any oral agreement c For purposes of this section 1 Affidavits filed pursuant to this section shall be executed by the 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 Legitimate and prudent expenses are those expenses reasonably incurred by a would be petitioner in preparing to file its petition for which reimbursement is being sought 3 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 55 FR 28914 July 16 1990 73 3591 Grants without hearing a Except for renewal applications filed after May 1 1995 which will be subject to paragraph d of this section in the case of any application for an instrument of authorization other than a license pursuant to a construction permit the FCC will make the grant if it finds on the basis of the application the pleadings filed | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
or other matters which it may officially notice that the application presents no substantial and material question of fact and meets the following requirements 1 There is not pending a mutually exclusive application filed in accordance with paragraph b of this section 2 The applicant is legally technically financially and otherwise qualified 3 The applicant is not in violation of provisions of law the FCC rules or established policies of the FCC and 4 A grant of the application would otherwise serve the public interest convenience and necessity 47 CFR 73 3591 a 4 enhanced display page 480 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3591 b Radio Broadcast Services b In making its determinations pursuant to the provisions of paragraph a of this section the FCC will not consider any other application or any application if amended so as to require a new file number as being mutually exclusive or in conflict with the application under consideration unless such other application was substantially complete and tendered for filing by 1 The close of business on the day preceding the day designated by Public Notice as the day the listed application is to be available and ready for processing 2 The date prescribed in 73 3516 e in the case of applications which are mutually exclusive with applications for renewal of license of broadcast stations or 3 The close of business on the day designated by the FCC pursuant to 73 3564 d as the date s for filing low power TV or TV translator applications c If a petition to deny the application has been filed in accordance with 73 3584 and the FCC makes the grant in accordance with paragraph a of this section the FCC will deny | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the petition and issue a concise statement setting forth the reasons for denial and disposing of all substantial issues raised by the petition d Renewal applications filed after May 1 1995 will be governed by the criteria established in 47 U S C 309 k 44 FR 38507 July 2 1979 as amended at 50 FR 47844 Dec 7 1984 59 FR 31557 June 20 1994 61 FR 18291 Apr 25 1996 73 3592 Conditional grant a Where a grant of an application would preclude the grant of any application or applications mutually exclusive with it the FCC may if the public interest will be served thereby make a conditional grant of one of the applications and designate all of the mutually exclusive applications for hearing Such conditional grant will be made upon the express condition that such grant is subject to being withdrawn if at the hearing it is shown that public interest will be better served by a grant of one of the other applications Such conditional grants will be issued only where it appears 1 That some or all of the applications were not filed in good faith but were filed for the purpose of delaying or hindering the grant of another application or 2 That public interest requires the prompt establishment of broadcast service in a particular community or area or 3 That a grant of one or more applications would be in the public interest and that a delay in making a grant to any applicant until after the conclusion of a hearing on all applications might jeopardize the rights of the United States under the provisions of international agreement to the use of the frequency in question or 4 That a grant of one application would be in the public interest and that it | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
appears from an examination of the remaining applications that they cannot be granted because they are in violation of provisions of the Communications Act other statutes or the provisions of the FCC rules b When two or more applications for the same AM FM or TV assignment have been designated for hearing the FCC may if the public interest will be served thereby make a conditional grant to a group composed of any two or more of the competing applicants such grant to terminate when the successful applicant commences operation under the terms of a regular authorization No conditional grant will be made unless all of the competing applicants have been afforded a reasonable opportunity to participate in the 47 CFR 73 3592 b enhanced display page 481 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3593 Radio Broadcast Services group seeking the conditional grant In its application the group shall include a special showing as to the need for the service pending operation by the successful applicant under the terms of a regular authorization the effect if any of a grant on the position of any applicant which is not a member of the group and any other factors which are deemed pertinent to the public interest judgment 44 FR 38507 July 2 1979 73 3593 Designation for hearing If the FCC is unable in the case of any application for an instrument of authorization to make the findings specified in 73 3591 a it will formally designate the application for hearing on the grounds or reasons then obtaining and will forthwith notify the applicant and all known parties in interest of such action and the grounds and reasons therefor specifying with particularity the matters and things in issue but | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
not including issues or requirements phrased generally If however the issue to be resolved is limited to the mutual exclusivity of applications for initial authorizations or for major changes to existing stations that mutual exclusivity shall be resolved pursuant to competitive bidding procedures identified in subpart I unreserved channels or point system procedures identified in subpart K reserved channels 65 FR 36379 June 8 2000 73 3594 Local public notice of designation for hearing a When an application subject to the provisions of 73 3580 is designated for hearing the applicant shall give notice of such designation as follows 1 On air announcement The applicant except an applicant filing an application for an International broadcast low power TV TV translator FM translator and FM booster station shall broadcast an on air announcement of the designation of an application for hearing over its radio or television station as follows i Content The on air announcement shall be in the following form On DATE APPLICANT NAME licensee of STATION CALL SIGN STATION FREQUENCY STATION COMMUNITY OF LICENSE filed an application with the Federal Communications Commission for TYPE OF APPLICATION On DATE the Commission designated the application for an evidentiary hearing on certain issues Members of the public wishing to view the Hearing Designation Order and list of issues can visit URL OF INTERNET WEBSITE MAINTAINED BY THE STATION THE LICENSEE PERMITTEE OR THE LICENSEE PERMITTEE S PARENT ENTITY OR OTHER PUBLICLY ACCESSIBLE WEBSITE and click the link in the Hearing Designation Order notice Television broadcast stations commercial and noncommercial educational in presenting on air announcements must use visuals with the full text of the on air announcement when this information is being orally presented by the announcer ii Frequency of broadcast The on air announcements shall be broadcast a total of six | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
6 times once per week for four consecutive weeks 47 CFR 73 3594 a 1 ii enhanced display page 482 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3594 a 1 iii Radio Broadcast Services iii Commencement of broadcast The first broadcast of the on air announcement shall occur no earlier than the date of release of the Hearing Designation Order Order to Show Cause or other order designating issues for hearing and no later than the fifth business day following release of said order iv Time of broadcast The on air announcements shall be broadcast between the hours of 7 00 a m and 11 00 p m local time at the applicant station s community of license Monday through Friday v Language of broadcast A station broadcasting primarily in a foreign language shall broadcast the announcements in that language 2 Online notice The applicant shall also post an online notice of the designation of an application for hearing conspicuously on an internet website as follows i Content The online notice shall be in the following form HEARING DESIGNATION ORDER On DATE APPLICANT NAME licensee of STATION CALL SIGN STATION FREQUENCY STATION COMMUNITY OF LICENSE filed an application with the Federal Communications Commission for TYPE OF APPLICATION On DATE the Commission designated the application for an evidentiary hearing on the following issues LIST OF ISSUES IN THE HEARING AS LISTED IN THE FCC s ORDER OR SUMMARY OF DESIGNATION FOR HEARING Members of the public wishing to view the Hearing Designation Order or to file comments can visit INSERT HYPERLINK TO THE HEARING DESIGNATION ORDER ORDER TO SHOW CAUSE OR OTHER ORDER DESIGNATING THE APPLICATION FOR HEARING ON THE FCC s INTERNET WEBSITE ii Site A The applicant shall post | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
online notice by posting a conspicuous link or tab labeled FCC Hearing on an applicant affiliated website as defined in paragraph a 2 of this section The link or tab will link directly to a page containing only the online notice text referenced in paragraph b 2 i of this section The applicant shall post online notice on one of the following internet websites to the extent such websites are maintained in order of priority 1 The applicant station s internet website 2 The applicant s internet website or 3 The applicant s parent entity s internet website B If the applicant does not maintain an internet website for the station or itself or if the applicant s parent entity does not maintain an internet website the applicant shall post online notice on an internet website 1 That is accessible to members of the public without registration or payment requirements or any other requirement that the user provide information or response to a survey or questionnaire in exchange for being able to access information on the website and 47 CFR 73 3594 a 2 ii B 1 enhanced display page 483 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3594 a 2 ii B 2 Radio Broadcast Services 2 That is locally targeted to the area served and or to be served by the applicant station e g local government internet website local community bulletin board internet website state broadcasters association internet website iii Commencement of posting The online notice shall be posted no earlier than the date of release of the Hearing Designation Order Order to Show Cause or other order designating issues for hearing and no later than the fifth business day following release of said order iv Length | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of posting The online notice must be posted for a minimum of 30 consecutive days b Within seven 7 days of the last day of broadcast of the notice required by paragraph a 1 of this section the applicant shall file a an original statement and one copy with the Secretary of the Commission setting forth the dates and times on which the on air announcements were made the date the online notice was first posted and the Universal Resource Locator URL address of the internet website on which online notice is posted c The failure to comply with the provisions of this section is cause for dismissal of an application with prejudice However upon a finding that applicant has complied or proposes to comply with the provisions of section 311 a 2 of the Communications Act and that the public interest convenience and necessity will be served thereby the presiding officer may authorize an applicant upon a showing of special circumstances to give notice in a manner other than that prescribed by this section may accept notice that is given in a manner which does not conform strictly in all respects with the provisions of this section or may extend the time for giving notice 85 FR 36797 June 18 2020 73 3597 Procedures on transfer and assignment applications a If upon the examination of an application for FCC consent to an assignment of a broadcast construction permit or license or for a transfer of control of a corporate permittee or licensee it appears that the station involved has been operated on air by the current licensee or permittee for less than one year the application will be designated for hearing on appropriate issues unless the FCC is able to find that 1 The permit or license was not | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
authorized either through the Minority Ownership Policy or after a comparative hearing or in the case of low power TV and TV translator stations the permit or license was not authorized after a lottery in which the permittee or licensee benefited from minority or diversity preferences 2 The application involves an FM translator station or FM booster station only 3 The application involves a pro forma assignment or transfer of control or 4 The assignor or transferor has made an affirmative factual showing supported by affidavits of a person or persons with personal knowledge thereof which establishes that due to unavailability of capital to death or disability of station principals or to other changed circumstances affecting the licensee or permittee occurring subsequent to the acquisition of the license or permit FCC consent to the proposed assignment or transfer of control will serve the public interest convenience and necessity 47 CFR 73 3597 a 4 enhanced display page 484 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3597 a 5 Radio Broadcast Services 5 the assignee or transferee has made an affirmative factual showing supported by affidavits of a person or persons with personal knowledge thereof which established that the proposed transaction would involve an assignment or transfer to a minority owned or minority controlled entity in furtherance of our Minority Ownership Policy b 1 The commencement date of the one year period set forth in paragraph a of this section shall be the date on which the station initiated program tests in accordance with 73 1620 or 74 14 2 In determining whether the station has been operating on air for one year the FCC will calculate the period between the date of initiation of program tests as specified in paragraph | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
b 1 of this section and the date the application for transfer or assignment is tendered for filing with the FCC c 1 As used in paragraphs c and d of this section i Unbuilt station refers to an AM FM or TV broadcast station or a low power TV or TV translator station for which a construction permit is outstanding and regardless of the stage of physical completion as to which program tests have not commenced or if required been authorized ii Seller includes the assignor s of a construction permit for an unbuilt station the transferor s of control of the holder of such construction permit and any principal or such assignor s or transferor s who retains an interest in the permittee or acquires or reacquires such interest within 1 year after commencing program tests iii The provisions of paragraphs c and d of this section apply only to mutually exclusive noncommercial educational applications filed on or after the release of the Report and Order in MM Docket 98 43 where the construction permit is issued pursuant to settlement agreement 2 The FCC will not consent to the assignment or transfer of control of the construction permit of an unbuilt station if the agreements or understandings between the parties provide for or permit payment to the seller of a sum in excess of the aggregate amount clearly shown to have been legitimately and prudently expended and to be expended by the seller solely for preparing filing and advocating the grant of the construction permit for the station and for other steps reasonably necessary toward placing the station in operation 3 i Applications for consent to the assignment of a construction permit or transfer of control shall in the case of unbuilt stations be accompanied by declarations both | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
by the assignor or transferor and by the assignee or transferee that except as clearly disclosed in detail in the applications there are no agreements or understandings for reimbursement of the seller s expenses or other payments to the seller for the seller s retention of any interest in the station for options or any other means by which the seller may acquire such an interest or for any other actual or potential benefit to the seller in the form of loans the subsequent repurchase of the seller s retained interest or otherwise ii When the seller is to receive reimbursement of his expenses the applications of the parties shall include an itemized accounting of such expenses together with such factual information as the parties rely upon for the requisite showing that those expenses represent legitimate and prudent outlays made solely for the purposes allowable under paragraph c 2 of this section 47 CFR 73 3597 c 3 ii enhanced display page 485 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3597 d Radio Broadcast Services d 1 Whenever an agreement for the assignment of the construction permit of an unbuilt station or for the transfer of control of the permittee of an unbuilt station or any arrangement or understanding incidental thereto provides for the retention by the seller of any interest in the station or for any other actual or potential benefit to the seller in the form of loans or otherwise the question is raised as to whether the transaction involves actual or potential gain to the seller over and above the legitimate and prudent out of pocket expenses allowable under paragraph c 2 of this section In such cases the FCC will designate the assignment or transfer applications | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
for evidentiary hearing However a hearing is not mandatory in cases coming within paragraph d 2 of this section 2 It is not intended to forbid the seller to retain an equity interest in an unbuilt station which he is transferring or assigning if the seller obligates himself for the period ending 1 year after commencing program tests to provide that part of the total capital made available to the station up to the end of that period which is proportionate to the seller s equity share in the permittee taking into account equity capital loan capital and guarantees of interest and amortization payments for loan capital provided by the seller before the transfer or assignment This condition will be satisfied i In the case of equity capital By paid in cash capital contributions proportionate to the seller s equity share ii In cases where any person who has an equity interest in the permittee provides loan capital By the seller s provision of that part of the total loan capital provided by equity holders which is proportionate to the seller s equity share and iii In cases where any person cosigns or otherwise guarantees payments under notes given for loan capital provided by nonequity holders By similar guarantees by the seller covering that part of such payments as is proportionate to the seller s equity share However this condition shall not be deemed to be met if the guarantees given by persons other than the seller cover individually or collectively a larger portion of such payments than the ratio of the combined equities of persons other than the seller to the total equity 3 In cases which are subject to the requirements of paragraphs d 2 i ii and iii of this section i The assignee s or transferee | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
s application shall include a showing of the anticipated capital needs of the station through the first year of its operation and the seller s financial capacity to comply with the above requirements in the light of such anticipated capital needs ii The FCC will determine from its review of the applications whether a hearing is necessary to ensure compliance with the above requirements iii Compliance with the above requirements will be subject to review by the FCC at any time either when considering subsequently filed applications or whenever the FCC may otherwise find it desirable iv Within 30 days after any time when a seller is required to provide equity or loan capital or execute guarantees the permittee shall furnish the FCC a written report containing sufficient details as to the sources and amounts of equity capital paid in loan capital made available or guarantees obtained as to enable the FCC to ascertain compliance with the above requirements 47 CFR 73 3597 d 3 iv enhanced display page 486 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3597 d 3 v Radio Broadcast Services v No steps shall be taken by the permittee to effectuate arrangements for the provision of equity or loan capital from sources not previously identified and disclosed to the FCC until 30 days after the permittee has filed with the FCC a report of such arrangements and of provisions made for the seller s compliance with the above requirement vi The provisions of paragraphs d 3 iv and v of this section shall cease to apply 1 year after commencing program tests 4 Applications subject to this paragraph d of this section will in any event be designated for evidentiary hearing in any case where the | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
agreements arrangements or understandings with the seller provide for the seller s option to acquire equity in the station or to increase equity interests he retains at the time of the assignment or transfer of control An evidentiary hearing will similarly be held in any case in which the assignee s transferee s or any of their principals or any person in privity therewith has an option to purchase all or part of the seller s retained or subsequently acquired equity interests in the station 44 FR 38509 July 2 1979 as amended at 47 FR 24580 June 7 1982 47 FR 55930 Dec 14 1982 48 FR 9012 Mar 3 1983 48 FR 27207 June 13 1983 50 FR 6946 Feb 19 1985 53 FR 36787 Sept 22 1988 63 FR 70050 Dec 18 1998 73 3598 Period of construction Link to an amendment published at 89 FR 7261 Feb 1 2024 a Except as provided in the last two sentences of this paragraph a each original construction permit for the construction of a new TV AM FM or International Broadcast low power TV low power FM TV translator TV booster FM translator or FM booster station or to make changes in such existing stations shall specify a period of three years from the date of issuance of the original construction permit within which construction shall be completed and application for license filed An eligible entity that acquires an issued and outstanding construction permit for a station in any of the services listed in this paragraph a shall have the time remaining on the construction permit or eighteen months from the consummation of the assignment or transfer of control whichever is longer within which to complete construction and file an application for license For purposes of the preceding sentence | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
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 parts 121 through 201 at the time the transaction is approved by the FCC and holds 1 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 hold the construction permit or 2 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 hold the construction permit provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests or 3 More than 50 percent of the voting power of the corporation that will hold the construction permit if such corporation is a publicly traded company b The period of construction for an original construction permit shall toll when construction is prevented by the following causes not under the control of the permittee 47 CFR 73 3598 b enhanced display page 487 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3598 b 1 Radio Broadcast Services 1 Construction is prevented due to an act of God defined in terms of natural disasters e g floods tornados hurricanes or earthquakes 2 The grant of the permit is the subject of administrative or judicial review i e petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon or construction is delayed by any cause of action pending before any court of competent jurisdiction relating | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
to any necessary local state or federal requirement for the construction or operation of the station including any zoning or environmental requirement 3 A request for international coordination with respect to an original construction permit for a new DTV station has been sent to Canada or Mexico on behalf of the station and no response from the country affected has been received or the licensee or permittee is challenging the response from Canada or Mexico on the grounds that the facility as approved would not permit the station to serve the population that is both approved by the Commission and served by the station s TV analog facility to be vacated by June 12 2009 4 A request for international coordination with respect to a construction permit for stations in the Low Power FM service on FM channels reserved for noncommercial educational use and for noncommercial educational full power television stations has been sent to Canada or Mexico on behalf of the station and no response from the country affected has been received or 5 Failure of a Commission imposed condition precedent prior to commencement of operation c A permittee must notify the Commission as promptly as possible and in any event within 30 days of any pertinent event covered by paragraph b of this section and provide supporting documentation All notifications must be filed in triplicate with the Secretary and must be placed in the station s local public file For authorizations to construct stations in the Low Power FM service on FM channels reserved for noncommercial educational use and for noncommercial educational full power television stations the Commission will identify and grant an initial period of tolling when the grant of a construction permit is encumbered by administrative or judicial review under the Commission s direct purview e | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
g petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon a request for international coordination under paragraph b 4 of this section or failure of a condition under paragraph b 5 of this section When a permit is encumbered by administrative or judicial review outside of the Commission s direct purview e g local state or non FCC Federal requirements the permittee is required to notify the Commission of such tolling events d A permittee must notify the Commission promptly when a relevant administrative or judicial review is resolved Tolling resulting from an act of God will automatically cease six months from the date of the notification described in paragraph c of this section unless the permittee submits additional notifications at six month intervals detailing how the act of God continues to cause delays in construction any construction progress and the steps it has taken and proposes to take to resolve any remaining impediments For authorizations to construct stations in the Low Power FM service on FM channels reserved for noncommercial educational use and for noncommercial educational full power television stations the Commission will cease the tolling treatment and notify the permittee upon resolution of either 1 Any encumbrance by administrative or judicial review of the grant of the construction permit under the Commission s direct purview 2 The request for international coordination under paragraph b 4 of this section or 47 CFR 73 3598 d 2 enhanced display page 488 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3598 d 3 Radio Broadcast Services 3 The condition on the commencement of operations under paragraph b 5 of this section e Any construction | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
permit for which construction has not been completed and for which an application for license has not been filed shall be automatically forfeited upon expiration without any further affirmative cancellation by the Commission 63 FR 70050 Dec 18 1998 as amended at 65 FR 7648 Feb 15 2000 68 FR 12761 Mar 17 2003 69 FR 53352 Sept 1 2004 73 FR 5684 Jan 30 2008 73 FR 28369 May 16 2008 74 FR 8879 Feb 27 2009 85 FR 7890 Feb 12 2020 73 3601 Simultaneous modification and renewal of license When an application is granted by the FCC necessitating the issuance of a modified license less than 60 days prior to the expiration date of the license sought to be modified and an application for renewal of the license is granted subsequent or prior thereto but within 30 days of expiration of the present license the modified license as well as the renewal license shall be issued to conform to the combined action of the FCC 44 FR 38511 July 2 1979 73 3603 Special waiver procedure relative to applications a In the case of any broadcast applications designated for hearing the parties may request the FCC to grant or deny an application upon the basis of the information contained in the applications and other papers specified in paragraph b of this section without the presentation of oral testimony Any party desiring to follow this procedure should execute and file with the FCC a waiver in accordance with paragraph e of this section and serve copies on all other parties or a joint waiver may be filed by all the parties Upon the receipt of waivers from all parties to a proceeding the FCC will decide whether the case is an appropriate one for determination without the presentation | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of oral testimony If it is determined by the FCC that notwithstanding the waivers the presentation of oral testimony is necessary the parties will be so notified and the case will be retained on the hearing docket If the FCC concludes that the case can appropriately be decided without the presentation of oral testimony the record will be considered as closed as of the date the waivers of all the parties were first on file with the FCC b In all cases considered in accordance with this procedure the FCC will decide the case on the basis of the information contained in the applications and in any other papers pertaining to the applicants or applications which are open to public inspection and which were on file with the FCC when the record was closed The FCC may call upon any party to furnish any additional information which the FCC deems necessary to a proper decision Such information shall be served upon all parties The waiver previously executed by the parties shall be considered in effect unless within 10 days of the service of such information the waiver is withdrawn c Any decision by the FCC rendered pursuant to this section will be in the nature of a final decision unless otherwise ordered by the FCC d By agreeing to the waiver procedure prescribed in this section no party shall be deemed to waive the right to petition for reconsideration or rehearing or to appeal to the courts from any adverse final decision of the FCC e The waiver provided for by this section shall be in the following form Waiver 47 CFR 73 3603 e enhanced display page 489 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3605 Radio Broadcast Services | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Name of applicant Call letters Docket No The undersigned hereby requests the FCC to consider its application and grant or deny it in accordance with the procedure prescribed in 73 3603 of the FCC s rules and regulations It is understood that all the terms and provisions of ____ are incorporated in this waiver 44 FR 38511 July 2 1979 73 3605 Retention of applications in hearing status after designation for hearing a After an application for a broadcast facility is designated for hearing it will be retained in hearing status upon the dismissal or amendment and removal from hearing of any other application or applications with which it has been consolidated for hearing b Where any applicants for a broadcast facility file a request pursuant to 73 3525 a for approval of an agreement to remove a conflict between their applications the applications will be retained in hearing status pending such proceedings on the joint request as may be ordered and such action thereon as may be taken 1 If further hearing is not required on issues other than those arising out of the agreement the proceeding shall be terminated and appropriate disposition shall be made of the applications 2 Where further hearing is required on issues unrelated to the agreement the presiding officer shall continue to conduct the hearing on such other issues pending final action on the agreement but the record in the proceeding shall not be closed until such final action on the agreement has been taken 3 In any case where a conflict between applications will be removed by an agreement for an engineering amendment to an application the amended application shall be removed from hearing status upon final approval of the agreement and acceptance of the amendment c An application for a broadcast facility | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
which has been designated for hearing and which is amended so as to eliminate the need for hearing or further hearing on the issues specified other than as provided for in paragraph b of this section will be removed from hearing status 44 FR 38511 July 2 1979 73 3612 Annual employment report Each licensee or permittee of a commercially or noncommercially operated AM FM TV Class A TV or International Broadcast station with five or more full time employees shall file an annual employment report with the FCC on or before September 30 of each year on FCC Form 395 B Note to 73 3612 Data concerning the gender race and ethnicity of a broadcast station s workforce collected in the annual employment report will be used only for purposes of analyzing industry trends and making reports to Congress Such data will not be used for the purpose of 47 CFR 73 3612 enhanced display page 490 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3613 Radio Broadcast Services assessing any aspect of an individual broadcast licensee s compliance with the equal employment opportunity requirements of 73 2080 69 FR 34954 June 23 2004 73 3613 Availability to FCC of station contracts Each licensee or permittee of a commercial or noncommercial AM FM TV or International broadcast station shall provide the FCC with copies of the following contracts instruments and documents together with amendments supplements and cancellations with the substance of oral contracts reported in writing within 7 days of a request by the FCC a Network service Network affiliation contracts between stations and networks will be reduced to writing and filed upon request as follows 1 All network affiliation contracts agreements or understandings between a TV broadcast or low | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
power TV station and a national network For the purposes of this paragraph the term network means any person entity or corporation which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more states and or any person entity or corporation controlling controlled by or under common control with such person entity or corporation 2 Each such filing shall consist of all of the terms and conditions of such contract agreement or understanding including any other paper or document incorporated by reference or otherwise b Ownership or control Contracts instruments or documents relating to the present or future ownership or control of the licensee or permittee or of the licensee s or permittee s stock rights or interests therein or relating to changes in such ownership or control shall include but are not limited to the following 1 Articles of partnership association and incorporation and changes in such instruments 2 Bylaws and any instruments effecting changes in such bylaws 3 Any agreement document or instrument providing for the assignment of a license or permit or affecting directly or indirectly the ownership or voting rights of the licensee s or permittee s stock common or preferred voting or nonvoting such as i Agreements for transfer of stock ii Instruments for the issuance of new stock or iii Agreements for the acquisition of licensee s or permittee s stock by the issuing licensee or permittee corporation pledges trust agreements or abstracts thereof options to purchase stock and other executory agreements Should the FCC request an abstract of the trust agreement in lieu of the trust agreement the licensee or permittee will submit the following information concerning the trust A Name of trust B Duration of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
trust C Number of shares of stock owned 47 CFR 73 3613 b 3 iii C enhanced display page 491 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3613 b 3 iii D Radio Broadcast Services D Name of beneficial owner of stock E Name of record owner of stock F Name of the party or parties who have the power to vote or control the vote of the shares and G Any conditions on the powers of voting the stock or any unusual characteristics of the trust 4 Proxies with respect to the licensee s or permittee s stock running for a period in excess of 1 year and all proxies whether or not running for a period of 1 year given without full and detailed instructions binding the nominee to act in a specified manner With respect to proxies given without full and detailed instructions a statement showing the number of such proxies by whom given and received and the percentage of outstanding stock represented by each proxy shall be submitted by the licensee or permittee if the stock covered by such proxies has been voted However when the licensee or permittee is a corporation having more than 50 stockholders such complete information need be filed only with respect to proxies given by stockholders who are officers or directors or who have 1 or more of the corporation s voting stock When the licensee or permittee is a corporation having more than 50 stockholders and the stockholders giving the proxies are not officers or directors or do not hold 1 or more of the corporation s stock the only information required to be filed is the name of any person voting 1 or more of the stock by proxy | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the number of shares voted by proxy by such person and the total number of shares voted at the particular stockholders meeting in which the shares were voted by proxy 5 Mortgage or loan agreements containing provisions restricting the licensee s or permittee s freedom of operation such as those affecting voting rights specifying or limiting the amount of dividends payable the purchase of new equipment or the maintenance of current assets 6 Any agreement reflecting a change in the officers directors or stockholders of a corporation other than the licensee or permittee having an interest direct or indirect in the licensee or permittee as specified by 73 3615 7 Agreements providing for the assignment of a license or permit or agreements for the transfer of stock filed in accordance with FCC application Forms 314 315 316 need not be resubmitted pursuant to the terms of this rule provision c Personnel 1 Management consultant agreements with independent contractors contracts relating to the utilization in a management capacity of any person other than an officer director or regular employee of the licensee or permittee station management contracts with any persons whether or not officers directors or regular employees which provide for both a percentage of profits and a sharing in losses or any similar agreements 2 The following contracts agreements or understandings need not be filed Agreements with persons regularly employed as general or station managers or salesmen contracts with program managers or program personnel contracts with attorneys accountants or consulting radio engineers contracts with performers contracts with station representatives contracts with labor unions or any similar agreements 47 CFR 73 3613 c 2 enhanced display page 492 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3613 d Radio Broadcast Services d | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Other agreements Subchannel leasing agreements for Subsidiary Communications Authorization operation franchise leasing agreements for operation of telecommunications services on the television vertical blanking interval and in the visual signal time sales contracts with the same sponsor for 4 or more hours per day except where the length of the events such as athletic contests musical programs and special events broadcast pursuant to the contract is not under control of the station and contracts with chief operators or other engineering personnel 44 FR 38512 July 2 1979 as amended at 47 FR 21496 May 18 1982 50 FR 4664 Feb 1 1985 50 FR 30951 July 31 1985 51 FR 9966 Mar 24 1986 51 FR 15785 Apr 28 1986 57 FR 18093 Apr 29 1992 57 FR 42706 Sept 16 1992 61 FR 36305 July 10 1996 63 FR 70050 Dec 18 1998 64 FR 50646 Sept 17 1999 66 FR 9972 Feb 13 2001 68 FR 46358 Aug 5 2003 79 FR 29006 May 20 2014 83 FR 757 Jan 8 2018 83 FR 85558 Dec 21 2018 73 3615 Ownership reports a The Ownership Report for Commercial Broadcast Stations FCC Form 323 must be filed electronically every two years by each licensee of a commercial AM FM or TV broadcast station and any entity that holds an interest in the licensee that is attributable pursuant to 73 3555 each a Respondent The ownership report shall be filed by December 1 in all odd numbered years Each ownership report shall provide all information required by and comply with all requirements set forth in the version of FCC Form 323 including all instructions for the form and schedule that is current on October 1 of the year in which the ownership report is filed The information provided on each ownership | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
report shall be current as of October 1 of the year in which the ownership report is filed A Respondent with a current and unamended biennial ownership report i e an ownership report that was filed pursuant to this subsection on file with the Commission that is still accurate and which was filed using the version of FCC Form 323 that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report b 1 Each permittee of a commercial AM FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to 73 3555 each a Respondent shall file an ownership report on FCC Form 323 within 30 days of the date of grant by the FCC of an application by the permittee for original construction permit Each ownership report shall provide all information required by and comply with all requirements set forth in the version of FCC Form 323 including all instructions for the form and schedule that is current on the date on which the ownership report is filed 2 Except as specifically noted below each permittee of a commercial AM FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to 73 3555 each a Respondent shall file an ownership report on FCC Form 323 on the date that the permittee applies for a station license Each ownership report shall provide all information required by and comply with all requirements set forth in the version of FCC Form 323 including all instructions for the form and schedule that is current on the date on which the ownership report is filed If a Respondent has | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
a current and unamended ownership report on file with the Commission that was filed pursuant to paragraphs b 1 or c of this section was submitted using the version of FCC Form 323 that is current on the date on which the ownership report due pursuant to paragraph b 2 is filed and is still accurate the Respondent may certify that it has reviewed such ownership report and that it is accurate in lieu of filing a new ownership report 47 CFR 73 3615 b 2 enhanced display page 493 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3615 c Radio Broadcast Services c Each permittee or licensee of a commercial AM FM or TV broadcast station and any entity that holds an interest in the permittee or licensee that is attributable pursuant to 73 3555 each a Respondent shall file an ownership report on FCC Form 323 within 30 days of consummating authorized assignments or transfers of permits and licenses Each ownership report shall provide all information required by and comply with all requirements set forth in the version of FCC Form 323 including all instructions for the form and schedule that is current on the date on which the ownership report is filed d The Ownership Report for Noncommercial Broadcast Stations FCC Form 323 E must be filed electronically every two years by each licensee of a noncommercial educational AM FM or TV broadcast station and any entity that holds an interest in the licensee that is attributable pursuant to 73 3555 each a Respondent The ownership report shall be filed by December 1 in all odd numbered years Each ownership report shall provide all information required by and comply with all requirements set forth in the version of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
FCC Form 323 E including all instructions for the form and schedule that is current on October 1 of the year in which the ownership report is filed The information provided on each ownership report shall be current as of October 1 of the year in which the ownership report is filed A Respondent with a current and unamended biennial ownership report i e an ownership report that was filed pursuant to this subsection on file with the Commission that is still accurate and which was filed using the version of FCC Form 323 E that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report e 1 Each permittee of a noncommercial educational AM FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to 73 3555 each a Respondent shall file an ownership report on FCC Form 323 E within 30 days of the date of grant by the FCC of an application by the permittee for original construction permit Each ownership report shall provide all information required by and comply with all requirements set forth in the version of FCC Form 323 E including all instructions for the form and schedule that is current on the date on which the ownership report is filed 2 Except as specifically noted below each permittee of a noncommercial educational AM FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to 73 3555 each a Respondent shall file an ownership report on FCC Form 323 E on the date that the permittee applies for a station license Each ownership report shall provide all information required | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
by and comply with all requirements set forth in the version of FCC Form 323 E including all instructions for the form and schedule that is current on the date on which the ownership report is filed If a Respondent has a current and unamended ownership report on file with the Commission that was filed pursuant to paragraphs e 1 or f of this section was submitted using the version of FCC Form 323 E that is current on the date on which the ownership report due pursuant to this subsection is filed and is still accurate the Respondent may certify that it has reviewed such ownership report and that it is accurate in lieu of filing a new ownership report f Each permittee or licensee of a noncommercial educational AM FM or TV broadcast station and any entity that holds an interest in the permittee or licensee that is attributable pursuant to 73 3555 each a Respondent shall file an ownership report on FCC Form 323 E within 30 days of consummating authorized assignments or transfers of permits and licenses Each ownership report shall provide all information required by and comply with all requirements set forth in the version of FCC Form 323 E including all instructions for the form and schedule that is current on the date on which the ownership report is filed 47 CFR 73 3615 f enhanced display page 494 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3615 g Radio Broadcast Services g A copy of all ownership and supplemental ownership reports and related materials filed pursuant to this section shall be maintained and made available for public inspection in the online public inspection file as required by 73 3526 and 73 3527 44 FR | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
38513 July 2 1979 as amended at 49 FR 19498 May 8 1984 50 FR 27450 July 3 1985 50 FR 40016 Oct 1 1985 53 FR 2499 Jan 28 1988 53 FR 5684 Feb 25 1988 63 FR 70050 Dec 18 1998 66 FR 9973 Feb 13 2001 66 FR 12897 Mar 1 2001 74 FR 25168 May 27 2009 74 FR 56134 Oct 30 2009 81 FR 19459 Apr 4 2016 82 FR 55771 Nov 24 2017 85 FR 21078 Apr 16 2020 73 3617 Information available on the internet The Media Bureau and each of its Divisions provide information on the internet regarding rules and policies pending and completed rulemakings and pending applications These sites also include copies of public notices and texts of recent decisions The Media Bureau s address is http www fcc gov mb the Audio Division s address is http www fcc gov mb audio the Video Division s address is http www fcc gov mb video the Policy Division s address is http www fcc gov mb policy and the Industry Analysis Division s address is http www fcc gov mb industry_analysis 85 FR 58297 Sept 18 2020 73 3700 Post incentive auction licensing and operation Link to an amendment published at 89 FR 7262 Feb 1 2024 a Definitions 1 Broadcast television station For purposes of this section broadcast television station means full power television stations and Class A television stations 2 Channel reassignment public notice For purposes of this section Channel Reassignment Public Notice means the public notice to be released upon the completion of the broadcast television spectrum incentive auction conducted under section 6403 of the Spectrum Act specifying the new channel assignments and technical parameters of any broadcast television stations that are reassigned to new channels 3 Channel | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
sharee station For purposes of this section channel sharee station means a broadcast television station for which a winning channel sharing bid as defined in 1 2200 d of this chapter was submitted or a broadcast television station for which a winning license relinquishment bid as defined in 1 2200 g of this chapter was submitted where the station licensee executes and implements a post auction channel sharing agreement 4 Channel sharer station For purposes of this section channel sharer station means a broadcast television station that shares its television channel with a channel sharee 5 Channel sharing agreement CSA For purposes of this section channel sharing agreement or CSA means an executed agreement between the licensee of a channel sharee station or stations and the licensee of a channel sharer station governing the use of the shared television channel 6 High VHF to Low VHF station For purposes of this section High VHF to Low VHF station means a broadcast television station for which a winning high VHF to low VHF bid as defined in 1 2200 f of this chapter was submitted 47 CFR 73 3700 a 6 enhanced display page 495 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 a 7 Radio Broadcast Services 7 License relinquishment station For purposes of this section license relinquishment station means a broadcast television station for which a winning license relinquishment bid as defined in 1 2200 g of this chapter was submitted 8 MVPD For purposes of this section MVPD means a person such as but not limited to a cable operator a multichannel multipoint distribution service a direct broadcast satellite service or a television receive only satellite program distributor who makes available for purchase by subscribers or customers multiple | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
channels of video programming as set forth in section 602 of the Communications Act of 1934 47 U S C 522 9 Pre auction channel For purposes of this section pre auction channel means the channel that is licensed to a broadcast television station on the date that the Channel Reassignment Public Notice is released 10 Predetermined cost estimate For purposes of this section predetermined cost estimate means the estimated cost of an eligible expense as generally determined by the Media Bureau in a catalog of expenses eligible for reimbursement 11 Post auction channel For purposes of this section post auction channel means the channel specified in the Channel Reassignment Public Notice or a channel authorized by the Media Bureau in a construction permit issued after the date that the Channel Reassignment Public Notice is released under the procedures set forth in paragraph b of this section 12 Reassigned station For purposes of this section a reassigned station means a broadcast television station that is reassigned to a new channel in the Channel Reassignment Public Notice not including channel sharing stations UHF to VHF stations or High VHF to Low VHF stations 13 Reimbursement period For purposes of this section reimbursement period means the period ending three years after the completion of the forward auction pursuant to section 6403 b 4 D of the Spectrum Act 14 Spectrum Act The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 Pub L 112 96 15 Transitioning station For purposes of this section a transitioning station means a i Reassigned station ii UHF to VHF station iii High VHF to Low VHF station iv License relinquishment station or v A channel sharee or sharer station 16 TV broadcaster relocation fund For purposes of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
this section the TV Broadcaster Relocation Fund means the fund established by section 6403 d 1 of the Spectrum Act 17 UHF to VHF station For purposes of this section UHF to VHF station means a television station for which a winning UHF to VHF bid as defined in 1 2200 l of this chapter was submitted b Post auction licensing 1 Construction permit applications 47 CFR 73 3700 b 1 enhanced display page 496 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 b 1 i Radio Broadcast Services i Licensees of reassigned stations UHF to VHF stations and High VHF to Low VHF stations must file a minor change application for a construction permit for the channel specified in the Channel Reassignment Public Notice using FCC Form 2100 Schedule A for a full power station or E for a Class A station within three months of the release date of the Channel Reassignment Public Notice Licensees that are unable to meet this filing deadline may request a waiver of the deadline no later than 30 days prior to the deadline ii A licensee of a reassigned station that is reassigned from one channel to a different channel within its existing band will be permitted to propose transmission facilities in its construction permit application that will extend its coverage contour as defined by the technical parameters specified in the Channel Reassignment Public Notice if such facilities A Are necessary to achieve the coverage contour specified in the Channel Reassignment Public Notice or to address loss of coverage area resulting from the new channel assignment B Will not extend a full power television station s noise limited contour or a Class A television station s protected contour by more than one | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
percent in any direction and C Will not cause new interference other than a rounding tolerance of 0 5 percent to any other broadcast television station iii The licensee of a UHF to VHF station or High VHF to Low VHF station will be permitted to propose transmission facilities in its construction permit application that will extend its coverage contour as defined by the technical parameters specified in the Channel Reassignment Public Notice if the proposed facility will not cause new interference other than a rounding tolerance of 0 5 percent to any other broadcast television station iv Priority filing window A The licensee of a reassigned station a UHF to VHF station or a High VHF to Low VHF station that for reasons beyond its control is unable to construct facilities that meet the technical parameters specified in the Channel Reassignment Public Notice or the permissible contour coverage variance from those technical parameters specified in paragraph b 1 ii or iii of this section may request a waiver of the construction permit application deadline specified in paragraph b 1 i no later than 30 days prior to the deadline If its waiver request is granted the licensee will be afforded an opportunity to submit an application for a construction permit pursuant to paragraph b 2 i or ii of this section in a priority filing window to be announced by the Media Bureau by public notice B The licensee of any broadcast television station that the Commission makes all reasonable efforts to preserve pursuant to section 6403 b 2 of the Spectrum Act that is predicted to experience a loss in population served in excess of one percent as a result of the repacking process either because of new station to station interference or terrain loss resulting from a | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
new channel assignment or a combination of both will be afforded an opportunity to submit an application for a construction permit pursuant to paragraph b 2 i or ii of this section in the priority filing window required by paragraph b 1 iv A of this section v Construction permit applications filed pursuant to paragraph b 1 i of this section will be afforded expedited processing if the application 47 CFR 73 3700 b 1 v enhanced display page 497 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 b 1 v A Radio Broadcast Services A Does not seek to expand the coverage area as defined by the technical parameters specified in the Channel Reassignment Public Notice in any direction B Seeks authorization for facilities that are no more than five percent smaller than those specified in the Channel Reassignment Public Notice with respect to predicted population served and C Is filed within the three month deadline specified in paragraph b 1 i of this section vi Delegation of authority The Commission delegates authority to the Chief Media Bureau to establish construction periods for reassigned stations UHF to VHF stations and High VHF to Low VHF stations vii Channel sharee stations must file a minor change application for a construction permit for the channel on which the channel sharer operates at least sixty 60 days prior to the date by which it must terminate operations on its pre auction channel pursuant to paragraphs b 4 i and ii of this section The application must include a copy of the executed channel sharing agreement 2 Applications for alternate channels and expanded facilities i Alternate channels The licensee of a reassigned station a UHF to VHF station or a High VHF to | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Low VHF station or a broadcast television station described in paragraph b 1 iv B of this section will be permitted to file a major change application for a construction permit for an alternate channel on FCC Form 2100 Schedules A for a full power station and E for a Class A station during a filing window to be announced by the Media Bureau by public notice provided that A The licensee of a UHF to VHF station cannot request an alternate UHF channel B The licensee of a UHF to VHF station that specified the high VHF band or the low VHF band in its UHF to VHF bid cannot request a VHF channel outside of the assigned band and C The licensee of a High VHF to Low VHF station cannot request an alternate high VHF channel ii Expanded facilities The licensee of a reassigned station a UHF to VHF station or a High VHF to Low VHF station or a broadcast television station described in paragraph b 1 iv B of this section will be permitted to file a minor change application for a construction permit on FCC Form 2100 Schedules A for a full power station and E for a Class A station during a filing window to be announced by the Media Bureau by public notice in order to request a change in the technical parameters specified in the Channel Reassignment Public Notice or in the case of a broadcast television station described in paragraph b 1 iv B of this section that is not reassigned to a new channel a change in its authorized technical parameters with respect to height above average terrain HAAT effective radiated power ERP or transmitter location that would be considered a minor change under 73 3572 a 1 and | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
2 or 74 787 b of this chapter iii Delegation of authority The Commission delegates authority to the Chief Media Bureau to 47 CFR 73 3700 b 2 iii enhanced display page 498 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 b 2 iii A Radio Broadcast Services A Announce filing opportunities for alternate channels and expanded facilities applications and specifying appropriate processing guidelines including the standards to qualify for priority filing cut off protections and means to avoid or resolve mutual exclusivity between applications and B Establish construction periods for permits authorizing alternate channels or expanded facilities 3 License applications for channel sharing stations The licensee of each channel sharee station and channel sharer station must file an application for a license for the shared channel using FCC Form 2100 Schedule B for a full power station or F for a Class A station within six months of the date that the channel sharee station licensee receives its incentive payment pursuant to section 6403 a 1 of the Spectrum Act 4 Deadlines to terminate operations on pre auction channels i The licensee of a license relinquishment station must comply with the notification and cancellation procedures in 73 1750 and terminate operations on its pre auction channel within three months of the date that the licensee receives its incentive payment pursuant to section 6403 a 1 of the Spectrum Act ii The licensee of a channel sharee station and a licensee of a license relinquishment station that has indicated in its Form 177 an intent to enter into a post auction channel sharing agreement must comply with the notification and cancellation procedures in 73 1750 and terminate operations on its pre auction channel within six months of the date that | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the licensee receives its incentive payment pursuant to section 6403 a 1 of the Spectrum Act iii All reassigned stations UHF to VHF stations and High VHF to Low VHF stations must cease operating on their pre auction channel once such station begins operating on its post auction channel or by the deadline specified in its construction permit for its post auction channel whichever occurs earlier and in no event later than the end of the post auction transition period as defined in 27 4 of this chapter 5 Applications for additional time to complete construction i Delegation of authority Authority is delegated to the Chief Media Bureau to grant a single extension of time of up to six months to licensees of reassigned stations UHF to VHF stations and High VHF to Low VHF stations to complete construction of their post auction channel upon demonstration by the licensee that failure to meet the construction deadline is due to circumstances that are either unforeseeable or beyond the licensee s control Licensees needing additional time beyond such a single extension of time to complete construction shall be subject to the tolling provisions in 73 3598 ii Circumstances that may justify an extension of the construction deadline of a licensee of a reassigned station a UHF to VHF station or a High VHF to Low VHF station include but are not limited to A Weather related delays including a tower location in a weather sensitive area B Delays in construction due to the unavailability of equipment or a tower crew C Tower lease disputes 47 CFR 73 3700 b 5 ii C enhanced display page 499 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 b 5 ii D Radio Broadcast Services D | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Unusual technical challenges such as the need to construct a top mounted or side mounted antenna or the need to coordinate channel changes with another station and E Delays faced by licensees that must obtain government approvals such as land use or zoning approvals or that are subject to competitive bidding requirements prior to purchasing equipment or services iii A licensee of a reassigned station UHF to VHF station or High VHF to Low VHF station may rely on financial hardship as a criterion for seeking an extension of time if it is subject to an active bankruptcy or receivership proceeding provided that the licensee makes an adequate showing that it has filed requests to proceed with construction in the relevant court proceedings Any other licensee that seeks an extension of time based on financial hardship must demonstrate that although it is not subject to an active bankruptcy or receivership proceeding rare and exceptional financial circumstances warrant granting additional time to complete construction iv Applications for additional time to complete construction must be filed electronically in CDBS using FCC Form 337 no less than 90 days before the expiration of the construction permit c Consumer education for transitioning stations 1 License relinquishment stations that operate on a commercial basis will be required to air at least one Public Service Announcement PSA and run at least one crawl in every quarter of every day for 30 days prior to the date that the station terminates operations on its pre auction channel One of the required PSAs and one of the required crawls must be run during prime time hours for purposes of this section between 8 00 p m and 11 00 p m in the Eastern and Pacific time zones and between 7 00 p m and 10 00 p | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
m in the Mountain and Central time zones each day 2 Noncommercial educational full power television license relinquishment stations may choose to comply with these requirements in paragraph c 1 of this section or may air 60 seconds per day of on air consumer education PSAs for 30 days prior to the station s termination of operations on its pre auction channel 3 Transitioning stations except for license relinquishment stations must air 60 seconds per day of on air consumer education PSAs or crawls for 30 days prior to the station s termination of operations on its pre auction channel 4 Transition crawls i Each crawl must run during programming for no less than 60 consecutive seconds across the bottom or top of the viewing area and be provided in the same language as a majority of the programming carried by the transitioning station ii Each crawl must include the date that the station will terminate operations on its pre auction channel inform viewers of the need to rescan if the station has received a new post auction channel assignment and explain how viewers may obtain more information by telephone or online 5 Transition PSAs i Each PSA must have a duration of at least 15 seconds 47 CFR 73 3700 c 5 i enhanced display page 500 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 c 5 ii Radio Broadcast Services ii Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station include the date that the station will terminate operations on its pre auction channel inform viewers of the need to rescan if the station has received a new post auction channel assignment explain how viewers may obtain | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
more information by telephone or online and for stations with new post auction channel assignments provide instructions to both over the air and MVPD viewers regarding how to continue watching the television station and be closed captioned 6 Licensees of transitioning stations except for license relinquishment stations must place a certification of compliance with the requirements in paragraph c of this section in their online public file within 30 days after beginning operations on their post auction channels Licensees of license relinquishment stations must include the certification in their notification of discontinuation of service pursuant to 73 1750 of this chapter d Notice to MVPDs 1 Licensees of transitioning stations must provide notice to MVPDs that i No longer will be required to carry the station because it will cease operations or because of the relocation of a channel sharee station ii Currently carry and will continue to be obligated to carry a station that will have a new post auction channel assignment or iii Will become obligated to carry a station due to the relocation of a channel sharee station 2 The notice to MVPDs must be provided in the form of a letter notification and must contain the following information i Date and time of any channel changes ii Pre auction and post auction channels iii Modification if any to antenna position location or power levels iv Stream identification information for channel sharing stations and v Engineering staff contact information 3 Should any of the information in d 2 of this section change during the time that the station is transitioning from its pre auction to its post auction channel an amended notification must be sent 4 For cable systems the notification letter must be addressed to the system s official address of record provided in the cable | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
system s most recent filing in the Commission s Cable Operations and Licensing System COALS Form 322 For all other MVPDs the notification letter must be addressed to the official corporate address registered with their State of incorporation 5 Notification letters must be sent within the following time frames i For license relinquishment stations not less than 30 days prior to terminating operations ii For channel sharee stations not less than 30 days prior to terminating operations of the pre auction channel iii For channel sharee and channel sharer stations not less than 30 days prior to initiation of operations on the shared channel and 47 CFR 73 3700 d 5 iii enhanced display page 501 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 d 5 iv Radio Broadcast Services iv For reassigned stations UHF to VHF stations and High VHF to Low VHF stations not less than 90 days prior to the date on which they will begin operations on their post auction channel v If a station s anticipated transition date changes due to an unforeseen delay or change in transition plan the licensee must send a further notice to affected MVPDs informing them of the new anticipated transition date e Reimbursement rules 1 Entities eligible for reimbursement The Commission will reimburse relocation costs reasonably incurred only by i The licensees of full power and Class A broadcast television stations that are reassigned under section 6403 b 1 B i of the Spectrum Act including channel sharer stations that are reassigned to a new channel in the Channel Reassignment Public Notice and ii MVPDs in order to continue to carry the signal of a full power or Class A broadcast television station that is A Described in paragraph | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
e 1 i of this section B A UHF to VHF station C A High VHF to Low VHF station or D A channel sharee station 2 Estimated costs i No later than three months following the release of the Channel Reassignment Public Notice all broadcast television station licensees and MVPDs that are eligible to receive payment of relocation costs will be required to file an estimated cost form providing an estimate of their reasonably incurred relocation costs ii Each broadcast television station licensee and MVPD that submits an estimated cost form will be required to certify inter alia that A It believes in good faith that it will reasonably incur all of the estimated costs that it claims as eligible for reimbursement on the estimated cost form B It will use all money received from the TV Broadcaster Relocation Fund only for expenses it believes in good faith are eligible for reimbursement C It will comply with all policies and procedures relating to allocations draw downs payments obligations and expenditures of money from the TV Broadcaster Relocation Fund D It will maintain detailed records including receipts of all costs eligible for reimbursement actually incurred and E It will file all required documentation of its relocation expenses as instructed by the Media Bureau 47 CFR 73 3700 e 2 ii E enhanced display page 502 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 e 2 iii Radio Broadcast Services iii If a broadcast television station licensee or MVPD seeks reimbursement for new equipment it must provide a justification as to why it is reasonable under the circumstances to purchase new equipment rather than modify its corresponding current equipment in order to change channels or to continue to carry the signal | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of a broadcast television station that changes channels iv Entities that submit their own cost estimates as opposed to the predetermined cost estimates provided in the estimated cost form must submit supporting evidence and certify that the estimate is made in good faith 3 Final Allocation Deadline i Upon completing construction or other reimbursable changes or by a specific deadline prior to the end of the Reimbursement Period to be established by the Media Bureau whichever is earlier all broadcast television station licensees and MVPDs that received an initial allocation from the TV Broadcaster Relocation Fund must provide the Commission with information and documentation including invoices and receipts regarding their actual expenses incurred as of a date to be determined by the Media Bureau the Final Allocation Deadline ii If a broadcast television station licensee or MVPD has not yet completed construction or other reimbursable changes by the Final Allocation Deadline it must provide the Commission with information and documentation regarding any remaining eligible expenses that it expects to reasonably incur 4 Final accounting After completing all construction or reimbursable changes broadcast television station licensees and MVPDs that have received money from the TV Broadcaster Relocation Fund will be required to submit final expense documentation containing a list of estimated expenses and actual expenses as of a date to be determined by the Media Bureau Entities that have finished construction and have submitted all actual expense documentation by the Final Allocation Deadline will not be required to file at the final accounting stage 5 Progress reports Broadcast television station licensees and MVPDs that receive payment from the TV Broadcaster Relocation Fund are required to submit progress reports at a date and frequency to be determined by the Media Bureau 6 Documentation requirements i Each broadcast television station licensee and MVPD | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
that receives payment from the TV Broadcaster Relocation Fund is required to retain all relevant documents pertaining to construction or other reimbursable changes for a period ending not less than 10 years after the date on which it receives final payment from the TV Broadcaster Relocation Fund ii Each broadcast television station licensee and MVPD that receives payment from the TV Broadcaster Relocation Fund must make available all relevant documentation upon request from the Commission or its contractor 7 Delegation of authority The Commission delegates authority to the Chief Media Bureau to adopt the necessary policies and procedures relating to allocations draw downs payments obligations and expenditures of money from the TV Broadcaster Relocation Fund in order to protect against waste fraud and abuse and in the event of bankruptcy to establish a catalog of expenses eligible for reimbursement and predetermined cost estimates review the estimated cost forms issue initial allocations for costs reasonably incurred pursuant to section 6403 b 4 of the Spectrum Act set 47 CFR 73 3700 e 7 enhanced display page 503 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 f Radio Broadcast Services filing deadlines and review information and documentation regarding progress reports final allocations and final accountings and issue final allocations to reimburse for costs reasonably incurred pursuant to section 6403 b 4 of the Spectrum Act f Reserved g Low Power TV and TV translator stations 1 Licensees of operating low power TV and TV translator stations that are displaced by a broadcast television station or a wireless service provider or whose channel is reserved as a guard band as a result of the broadcast television spectrum incentive auction conducted under section 6403 of the Spectrum Act shall be permitted to submit an | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
application for displacement relief in a restricted filing window to be announced by the Media Bureau by public notice Except as otherwise indicated in this section such applications will be subject to the rules governing displacement applications set forth in 73 3572 a 4 and 74 787 a 4 of this chapter 2 In addition to other interference protection requirements set forth in the rules when requesting a new channel in a displacement application licensees of operating low power TV and TV translator stations will be required to demonstrate that the station would not cause interference to the predicted service of broadcast television stations on i Pre auction channels ii Channels assigned in the Channel Reassignment Public Notice or iii Alternative channels or expanded facilities broadcast television station licensees have applied for pursuant to paragraph b 2 of this section 3 Mutually exclusive displacement applications Licensees of low power TV and TV translator stations that file mutually exclusive displacement applications will be permitted to resolve the mutual exclusivity through an engineering solution or settlement agreement If no resolution of mutually exclusive displacement applications occurs a selection priority will be granted to the licensee of a displaced digital replacement translator 4 Notification and termination provisions for displaced low power TV and TV translator stations i A wireless licensee assigned to frequencies in the 600 MHz band under part 27 of this chapter must notify low power TV and TV translator stations of its intent to commence operations as defined in 27 4 of this chapter and the likelihood of receiving harmful interference from the low power TV or TV translator station to such operations within the wireless licensee s licensed geographic service area ii The new wireless licensees must A Notify the low power TV or TV translator station in the | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
form of a letter via certified mail return receipt requested B Indicate the date the new wireless licensee intends to commence operations as defined in 27 4 of this chapter in areas where there is a likelihood of receiving harmful interference from the low power TV or TV translator station and C Send such notification not less than 120 days in advance of the commencement date 47 CFR 73 3700 g 4 ii C enhanced display page 504 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 g 4 iii Radio Broadcast Services iii Low power TV and TV translator stations may continue operating on frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter until the wireless licensee commences operations as defined in 27 4 of this chapter as indicated in the notification sent pursuant to this paragraph iv After receiving notification the low power TV or TV translator licensee must cease operating or reduce power in order to eliminate the potential for harmful interference before the commencement date set forth in the notification v Low power TV and TV translator stations that are operating on the UHF spectrum that is reserved for guard band channels as a result of the broadcast television incentive auction conducted under section 6403 of the Spectrum Act may continue operating on such channels until the end of the post auction transition period as defined in 27 4 of this chapter unless they receive notification from a new wireless licensee pursuant to the requirements of paragraph g 4 of this section that they are likely to cause harmful interference in areas where the wireless licensee intends to commence operations as defined in 27 4 of this chapter in which | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
case the requirements of paragraph g 4 of this section will apply h Channel sharing operating rules 1 Each broadcast television station licensee that is a party to a CSA shall continue to be licensed and operated separately have its own call sign and be separately subject to all of the Commission s obligations rules and policies applicable to the television service 2 Upon termination of the license of a party to a CSA the spectrum usage rights covered by that license may revert to the remaining parties to the CSA Such reversion shall be governed by the terms of the CSA in accordance with paragraph h 5 i E of this section If upon termination of the license of a party to a CSA only one party to the CSA remains the remaining licensee may file an application to change its license to non shared status using FCC Form 2100 Schedule B for a full power licensee or F for a Class A licensee 3 Channel sharing between full power television and Class A television stations i A CSA may be executed between licensees of full power television stations between licensees of Class A television stations and between licensees of full power and Class A television stations ii A Class A channel sharee station licensee that is a party to a CSA with a full power channel sharer station licensee must comply with the rules of part 73 governing power levels and interference and must comply in all other respects with the rules and policies applicable to Class A television stations as set forth in 73 6000 et seq iii A full power channel sharee station licensee that is a party to a CSA with a Class A channel sharer station licensee must comply with the rules of part | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
74 of this chapter governing power levels and interference iv A Class A channel sharee station may qualify only for the cable carriage rights afforded to qualified low power television stations in 76 56 b 3 of this chapter 4 Channel sharing between commercial and noncommercial educational television stations i A CSA may be executed between commercial and NCE broadcast television station licensees 47 CFR 73 3700 h 4 i enhanced display page 505 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 h 4 ii Radio Broadcast Services ii The licensee of an NCE station operating on a reserved channel under 73 621 that becomes a party to a CSA either as a channel sharee station or as a channel sharer station will retain its NCE status and must continue to comply with 73 621 iii If the licensee of an NCE station operating on a reserved channel under 73 621 becomes a party to a CSA either as a channel sharee station or as a channel sharer station the portion of the shared television channel on which the NCE station operates shall be reserved for NCE only use iv The licensee of an NCE station operating on a reserved channel under 73 621 that becomes a party to a CSA may assign or transfer its shared license only to an entity qualified under 73 621 as an NCE television licensee 5 Required CSA provisions i CSAs must contain provisions outlining each licensee s rights and responsibilities regarding A Access to facilities including whether each licensee will have unrestrained access to the shared transmission facilities B Allocation of bandwidth within the shared channel C Operation maintenance repair and modification of facilities including a list of all relevant equipment a description | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of each party s financial obligations and any relevant notice provisions D Transfer assignment of a shared license including the ability of a new licensee to assume the existing CSA and E Termination of the license of a party to the CSA including reversion of spectrum usage rights to the remaining parties to the CSA ii CSAs must include provisions A Affirming compliance with the requirements in paragraph h 5 of this section and all relevant Commission rules and policies and B Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition SD program stream at all times 6 If the rights under a CSA are transferred or assigned the assignee or the transferee must comply with the terms of the CSA If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA the agreement may be amended subject to Commission approval 7 Preservation of carriage rights A channel sharee station that possessed carriage rights under section 338 614 or 615 of the Communications Act of 1934 47 U S C 338 534 535 on November 30 2010 shall have at its shared location the carriage rights under such section that would apply to such station at the shared location if it were not sharing a channel i A broadcast television station licensed in the 600 MHz band as that band is defined in section 27 5 l 47 CFR 73 3700 i enhanced display page 506 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3700 i 1 Radio Broadcast Services 1 Shall not be | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
permitted to modify its facilities except as provided in paragraph b 1 ii of this section if such modification will expand its noise limited service contour in the case of a full power station or protected contour in the case of a Class A station in such a way as to i Increase the potential of harmful interference to a wireless licensee which is co channel or adjacent channel to the broadcast television station or ii Require such a wireless licensee to restrict its operations in order to avoid causing harmful interference to the broadcast television station s expanded noise limited service or protected contour 2 Shall be permitted to modify its facilities even when prohibited by paragraph i 1 of this section if all the wireless licensees in paragraph i 1 who either will experience an increase in the potential for harmful interference or must restrict their operations in order to avoid causing interference agree to permit the modification and the modification otherwise meets all the requirements in this part 3 For purposes of this section the following definitions apply i Co channel operations in the 600 MHz band are defined as operations of broadcast television stations and wireless services where their assigned channels or frequencies spectrally overlap ii Adjacent channel operations are defined as operations of broadcast television stations and wireless services where their assigned channels or frequencies spectrally abut each other or are separated by up to 5 MHz 79 FR 48539 Aug 15 2014 as amended at 79 FR 76914 Dec 23 2014 80 FR 46846 Aug 6 2015 80 FR 67342 67346 Nov 2 2015 80 FR 71743 Nov 17 2015 81 FR 4975 Jan 29 2016 86 FR 66213 Nov 22 2021 73 3701 Reimbursement under the Reimbursement Expansion Act a Definitions 1 Eligibility | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Certification Reimbursement Form For purposes of this section the term Eligibility Certification Reimbursement Form means the form s developed by the Media Bureau for processing reimbursement requests under the Reimbursement Expansion Act 2 FM station For purposes of this section the term FM station means an FM broadcast station as defined in 73 310 3 Incentive Auction For purposes of this section the term Incentive Auction means the broadcast television spectrum incentive auction and repacking process conducted under section 6403 of the Spectrum Act specifying the new channel assignments and technical parameters of any broadcast television stations that are reassigned to new channels 4 Licensed For purposes of this section the term licensed means a station that was licensed or that had an application for a license to cover on file with the Commission on April 13 2017 5 Low power television station For purposes of this section the term low power television station means a low power television station as defined in 47 CFR 74 701 6 Predetermined cost estimate For purposes of this section predetermined cost estimate means the estimated cost of an eligible expense as generally determined by the Media Bureau in a catalog of expenses eligible for reimbursement 47 CFR 73 3701 a 6 enhanced display page 507 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3701 a 7 Radio Broadcast Services 7 Reimbursement Expansion Act or REA For purposes of this section the term Reimbursement Expansion Act or REA means Division E Financial Services General Appropriation Act 2018 Title V Independent Agencies Public Law 115 141 Section 511 codified at 47 U S C 1452 j n adopted as part of the Consolidated Appropriations Act 2018 Public Law 115 141 2018 8 Reimbursement period For purposes | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
of this section reimbursement period means the period ending July 3 2023 pursuant to section 511 j 3 B of the REA 9 Replacement translator station For purposes of this section the term replacement translator station means analog to digital replacement translator stations authorized pursuant to 47 CFR 74 787 a 5 10 Spectrum Act For purposes of this section the term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 Pub L 112 96 11 Special Displacement Window For purposes of this section the term Special Displacement Window means the displacement application filing window conducted April 10 2018 to June 1 2018 for low power television TV translator and analog to digital replacement translator stations that were displaced by the incentive auction and repacking process 12 Transmitting For purposes of this section the term transmitting means a low power television station TV translator station or replacement translator station operating not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13 2017 13 Reimbursement Fund For purposes of this section the Reimbursement Fund means the additional funding established by the REA 14 TV translator station For purposes of this section the term TV translator station means a television broadcast translator station as defined in 47 CFR 74 701 b Eligibility for reimbursement Only the following entities are eligible for reimbursement of relocation costs reasonably incurred 1 Low power television stations Low power television stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted Station must have been licensed and transmitting for not less than 2 hours in each day of the | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13 2017 2 TV translator stations TV translator stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13 2017 3 Replacement translator stations Replacement translator stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13 2017 4 FM station FM stations licensed and transmitting as of April 13 2017 that experienced at the site at which they were licensed and transmitting on that date a disruption of service as a result of the reorganization of broadcast television spectrum under 47 U S C 1452 b 47 CFR 73 3701 b 4 enhanced display page 508 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3701 c Radio Broadcast Services c Reimbursement process 1 Estimated costs i All entities that are eligible to receive reimbursement will be required to file an estimated cost form providing an estimate of their reasonably incurred costs and provide supporting documentation ii Each eligible entity that submits an estimated cost form will be required to certify on its Eligibility Certification Reimbursement Form inter alia that A | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
It is eligible for reimbursement B It believes in good faith that it will reasonably incur all of the estimated costs that it claims are eligible for reimbursement on the estimated cost form C It will use all money received from the Reimbursement Fund only for expenses it believes in good faith are eligible for reimbursement D It will comply with all policies and procedures relating to allocations draw downs payments obligations and expenditures of money from the Reimbursement Fund E It will maintain detailed records including receipts of all costs eligible for reimbursement actually incurred F It will file all required documentation of its relocation expenses as instructed by the Media Bureau G It has not received nor does it expect to receive reimbursement from other sources for costs for which they are requesting reimbursement from the REA and H Low power television stations TV translator stations and replacement translator stations must certify compliance with the minimum operating requirement set forth in paragraph b 1 2 or 3 of this section I FM stations must certify that they were licensed and transmitting at the facility implicated by the Incentive Auction on April 13 2017 iii If an eligible entity seeks reimbursement for new equipment it must provide a justification as to why it is reasonable under the circumstances to purchase new equipment rather than modify its corresponding current equipment iv Eligible entities that submit their own cost estimates as opposed to the predetermined cost estimates provided in the estimated cost form must submit supporting evidence and certify that the estimate is made in good faith 2 Final Allocation Deadline i Upon completing construction or other reimbursable changes or by a specific deadline prior to the end of the Reimbursement Period to be established by the Media Bureau whichever is | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
earlier all eligible entities that received an initial allocation from the Reimbursement Fund must provide the Commission with information and documentation including invoices and receipts regarding their actual expenses incurred as of a date to be determined by the Media Bureau the Final Allocation Deadline 47 CFR 73 3701 c 2 i enhanced display page 509 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3701 c 2 ii Radio Broadcast Services ii If an eligible entity has not yet completed construction or other reimbursable changes by the Final Allocation Deadline it must provide the Commission with information and documentation regarding any remaining eligible expenses that it expects to reasonably incur 3 Final accounting After completing all construction or reimbursable changes eligible entities that have received money from the Reimbursement Fund will be required to submit final expense documentation containing a list of estimated expenses and actual expenses as of a date to be determined by the Media Bureau Entities that have finished construction and have submitted all actual expense documentation by the Final Allocation Deadline will not be required to file at the final accounting stage 4 Documentation requirements i Each eligible entity that receives payment from the Reimbursement Fund is required to retain all relevant documents pertaining to construction or other reimbursable changes for a period ending not less than 10 years after the date on which it receives final payment from the Reimbursement Fund ii Each eligible entity that receives payment from the Reimbursement Fund must make available all relevant documentation upon request from the Commission or its contractor 84 FR 11252 Mar 26 2019 73 3800 Full power television channel sharing outside the incentive auction a Eligibility Subject to the provisions of this section a full power television | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
station with an auction related Channel Sharing Agreement CSA may voluntarily seek Commission approval to relinquish its channel to share a single six megahertz channel with a full power Class A low power or TV translator television station An auction related CSA is a CSA filed with and approved by the Commission pursuant to 73 3700 b 1 vii b Licensing of channel sharing stations 1 Each station sharing a single channel pursuant to this section shall continue to be licensed and operated separately have its own call sign and be separately subject to all applicable Commission obligations rules and policies 2 A full power television channel sharing station relinquishing its channel must file an application for a construction permit FCC Form 2100 include a copy of the CSA as an exhibit and cross reference the other sharing station s Any engineering changes necessitated by the CSA may be included in the station s application Upon initiation of shared operations the station relinquishing its channel must notify the Commission that it has terminated operation pursuant to 73 1750 and each sharing station must file an application for license FCC Form 2100 c Channel sharing between full power television stations and Class A Low power television or TV translator stations 1 A full power television sharee station defined as a station relinquishing a channel in order to share that is a party to a CSA with a Class A sharer station defined as the station hosting a sharee pursuant to a CSA must comply with the rules governing power levels and interference applicable to Class A stations and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part 47 CFR 73 3800 c 1 enhanced display page 510 of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3800 c 2 Radio Broadcast Services 2 A full power television sharee station that is a party to a CSA with a low power television or TV translator sharer station must comply with the rules of part 74 of this chapter governing power levels and interference applicable to low power television or TV translator stations and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part d Channel sharing between commercial and noncommercial educational television stations 1 A CSA may be executed between commercial and NCE broadcast television station licensees 2 The licensee of an NCE station operating on a reserved channel under 73 621 that becomes a party to a CSA either as a channel sharee station or as a channel sharer station will retain its NCE status and must continue to comply with 73 621 3 If the licensee of an NCE station operating on a reserved channel under 73 621 becomes a party to a CSA either as a channel sharee station or as a channel sharer station the portion of the shared television channel on which the NCE station operates shall be reserved for NCE only use 4 The licensee of an NCE station operating on a reserved channel under 73 621 that becomes a party to a CSA may assign or transfer its shared license only to an entity qualified under 73 621 as an NCE television licensee e Deadline for implementing CSAs CSAs submitted pursuant to this section must be implemented within three years of the grant of the channel sharing construction permit f Channel sharing agreements CSAs 1 CSAs submitted under this section must contain | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
provisions outlining each licensee s rights and responsibilities regarding i Access to facilities including whether each licensee will have unrestrained access to the shared transmission facilities ii Allocation of bandwidth within the shared channel iii Operation maintenance repair and modification of facilities including a list of all relevant equipment a description of each party s financial obligations and any relevant notice provisions and iv Transfer assignment of a shared license including the ability of a new licensee to assume the existing CSA and v Termination of the license of a party to the CSA including reversion of spectrum usage rights to the remaining parties to the CSA 2 CSAs must include provisions i Affirming compliance with the channel sharing requirements in this section and all relevant Commission rules and policies and ii Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition program stream at all times g Termination and assignment transfer of shared channel 47 CFR 73 3800 g enhanced display page 511 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3800 g 1 Radio Broadcast Services 1 Upon termination of the license of a party to a CSA the spectrum usage rights covered by that license may revert to the remaining parties to the CSA Such reversion shall be governed by the terms of the CSA in accordance with paragraph f 1 v of this section If upon termination of the license of a party to a CSA only one party to the CSA remains the remaining licensee may file an application for license to change its status to non shared 2 If the rights under a | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
CSA are transferred or assigned the assignee or the transferee must comply with the terms of the CSA in accordance with paragraph f 1 iv of this section If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA the agreement may be amended subject to Commission approval h Notice to MVPDs 1 Stations participating in channel sharing agreements must provide notice to MVPDs that i No longer will be required to carry the station because of the relocation of the station ii Currently carry and will continue to be obligated to carry a station that will change channels or iii Will become obligated to carry the station due to a channel sharing relocation 2 The notice required by this section must contain the following information i Date and time of any channel changes ii The channel occupied by the station before and after implementation of the CSA iii Modification if any to antenna position location or power levels iv Stream identification information and v Engineering staff contact information 3 Should any of the information in paragraph h 2 of this section change an amended notification must be sent 4 Sharee stations must provide notice as required by this section at least 90 days prior to terminating operations on the sharee s channel Sharer stations and sharee stations must provide notice as required by this section at least 90 days prior to initiation of operations on the sharer channel Should the anticipated date to either cease operations or commence channel sharing operations change the stations must send a further notice to affected MVPDs informing them of the new anticipated date s 5 Notifications provided to cable systems pursuant to this section must be either mailed to | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the system s official address of record provided in the cable system s most recent filing in the FCC s Cable Operations and Licensing System COALS Form 322 or emailed to the system if the system has provided an email address For all other MVPDs the letter must be addressed to the official corporate address registered with their State of incorporation 82 FR 18249 Apr 18 2017 73 3801 Full power television simulcasting during the ATSC 3 0 Next Gen TV transition Link to an amendment published at 88 FR 45366 July 17 2023 47 CFR 73 3801 enhanced display page 512 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3801 a Radio Broadcast Services a Simulcasting arrangements For purposes of compliance with the simulcasting requirement in paragraph b of this section a full power television station may partner with one or more other full power stations or with one or more Class A LPTV or TV translator stations in a simulcasting arrangement for purposes of airing either an ATSC 1 0 or ATSC 3 0 signal on a host station s i e a station whose facilities are being used to transmit programming originated by another station facilities Noncommercial educational television stations may participate in simulcasting arrangements with commercial stations 1 A full power television station airing an ATSC 1 0 or ATSC 3 0 signal on the facilities of a Class A host station must comply with the rules governing power levels and interference applicable to Class A stations and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part 2 A full power television station airing an ATSC 1 0 or ATSC 3 0 signal on | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the facilities of a low power television or TV translator host station must comply with the rules of part 74 of this chapter governing power levels and interference applicable to low power television or TV translator stations and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part 3 A full power noncommercial educational television NCE station airing an ATSC 1 0 or ATSC 3 0 signal on the facilities of a commercial television host station must comply with the rules applicable to NCE licensees b Simulcasting requirement A full power television station that chooses to air an ATSC 3 0 signal must simulcast the primary video programming stream of that signal in an ATSC 1 0 format This requirement does not apply to any multicast streams aired on the ATSC 3 0 channel 1 The programming aired on the ATSC 1 0 simulcast signal must be substantially similar to that aired on the ATSC 3 0 primary video programming stream For purposes of this section substantially similar means that the programming must be the same except for advertisements promotions for upcoming programs and programming features that are based on the enhanced capabilities of ATSC 3 0 These enhanced capabilities include i Hyper localized content e g geo targeted weather targeted emergency alerts and hyper local news ii Programming features or improvements created for the ATSC 3 0 service e g emergency alert wake up ability and interactive program features iii Enhanced formats made possible by ATSC 3 0 technology e g 4K or HDR and iv Personalization of programming performed by the viewer and at the viewer s discretion 2 For purposes of paragraph b 1 of this section programming that airs at a different time on | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the ATSC 1 0 simulcast signal than on the primary video programming stream of the ATSC 3 0 signal is not considered substantially similar 3 The substantially similar requirement in paragraph b 1 of this section will sunset on July 17 2027 c Coverage requirements for the ATSC 1 0 simulcast signal For full power broadcasters that elect temporarily to relocate their ATSC 1 0 signal to the facilities of a host station for purposes of deploying ATSC 3 0 service and that convert their existing facilities to ATSC 3 0 the ATSC 1 0 simulcast signal must continue to cover the station s entire community of license i e the station must choose a host from 47 CFR 73 3801 c enhanced display page 513 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3801 d Radio Broadcast Services whose transmitter site the Next Gen TV station will continue to meet the community of license signal requirement over its current community of license as required by 73 625 and the host station must be assigned to the same Designated Market Area DMA as the originating station i e the station whose programming is being transmitted on the host station d Coverage requirements for ATSC 3 0 signals For full power broadcasters that elect to continue broadcasting in ATSC 1 0 on the station s existing facilities and transmit an ATSC 3 0 signal on the facilities of a host station the ATSC 3 0 signal must be established on a host station assigned to the same DMA as the originating station e Simulcasting agreements 1 Simulcasting agreements must contain provisions outlining each licensee s rights and responsibilities regarding i Access to facilities including whether each licensee will have unrestrained access to | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
the host station s transmission facilities ii Allocation of bandwidth within the host station s channel iii Operation maintenance repair and modification of facilities including a list of all relevant equipment a description of each party s financial obligations and any relevant notice provisions iv Conditions under which the simulcast agreement may be terminated assigned or transferred and v How a guest station s i e a station originating programming that is being transmitted using the facilities of another station signal may be transitioned off the host station 2 Broadcasters must maintain a written copy of any simulcasting agreement and provide it to the Commission upon request f Licensing of simulcasting stations and stations converting to ATSC 3 0 operation 1 Each station participating in a simulcasting arrangement pursuant to this section shall continue to be licensed and operated separately have its own call sign and be separately subject to all applicable Commission obligations rules and policies ATSC 1 0 and ATSC 3 0 signals aired on the facilities of a host station will be licensed as temporary second channels of the originating station The Commission will include a note on the originating station s license identifying any ATSC 1 0 or ATSC 3 0 signal being aired on the facilities of a host station The Commission will also include a note on a host station s license identifying any ATSC 1 0 or ATSC 3 0 guest signal s being aired on the facilities of the host station 2 Application required A full power broadcaster must file an application FCC Form 2100 with the Commission and receive Commission approval before i Moving its ATSC 1 0 signal to the facilities of a host station moving that signal from the facilities of an existing host station to the facilities of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
a different host station or discontinuing an ATSC 1 0 guest signal ii Commencing the airing of an ATSC 3 0 signal on the facilities of a host station that has already converted to ATSC 3 0 operation moving its ATSC 3 0 signal to the facilities of a different host station or discontinuing an ATSC 3 0 guest signal or 47 CFR 73 3801 f 2 ii enhanced display page 514 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3801 f 2 iii Radio Broadcast Services iii Converting its existing station to transmit an ATSC 3 0 signal or converting the station from ATSC 3 0 back to ATSC 1 0 transmissions 3 Streamlined process With respect to any application in paragraph f 2 of this section a full power broadcaster may file only an application for modification of license provided no other changes are being requested in such application that would require the filing of an application for a construction permit as otherwise required by the rules see e g 73 1690 4 Host station A host station must first make any necessary changes to its facilities before a guest station may file an application to air a 1 0 or 3 0 signal on such host 5 Expedited processing An application filed in accordance with the streamlined process in paragraph f 3 of this section will receive expedited processing provided for stations requesting to air an ATSC 1 0 signal on the facilities of a host station the station will provide ATSC 1 0 service to at least 95 percent of the predicted population within the noise limited service contour of its original ATSC 1 0 facility 6 Required information i An application in paragraph f 2 of | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
this section must include the following information A The station serving as the host if applicable B The technical facilities of the host station if applicable C The DMA of the originating broadcaster s facility and the DMA of the host station if applicable and D Any other information deemed necessary by the Commission to process the application ii If an application in paragraph f 2 of this section includes a request to air an ATSC 1 0 signal on the facilities of a host station the broadcaster must in addition to the information in paragraph f 6 i also indicate on the application A The predicted population within the noise limited service contour served by the station s original ATSC 1 0 signal B The predicted population within the noise limited service contour served by the station s original ATSC 1 0 signal that will lose the station s ATSC 1 0 service as a result of the simulcasting arrangement including identifying areas of service loss by providing a contour overlap map and C Whether the ATSC 1 0 simulcast signal aired on the host station will serve at least 95 percent of the population in paragraph f 6 ii A of this section iii A If an application in paragraph f 2 of this section includes a request to air an ATSC 1 0 signal on the facilities of a host station and does not meet the 95 percent standard in paragraph f 6 ii of this section the application must contain in addition to the information in paragraphs f 6 i and ii of this section the following information 1 Whether there is another possible host station s in the market that would result in less service loss to existing viewers and if so why the Next | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Gen TV broadcaster chose to partner with a host station creating a larger service loss 47 CFR 73 3801 f 6 iii A 1 enhanced display page 515 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3801 f 6 iii A 2 Radio Broadcast Services 2 What steps if any the station plans to take to minimize the impact of the service loss e g providing ATSC 3 0 dongles set top boxes or gateway devices to viewers in the loss area and 3 The public interest benefits of the simulcasting arrangement and a showing of why the benefit s of granting the application would outweigh the harm s B These applications will be considered on a case by case basis g Consumer education for Next Gen TV stations 1 Commercial and noncommercial educational stations that relocate their ATSC 1 0 signals e g moving to a host station s facility subsequently moving to a different host or returning to its original facility are required to air daily Public Service Announcements PSAs or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1 0 operations on their existing facilities Stations that transition directly to ATSC 3 0 will be required to air daily PSAs or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1 0 operations 2 PSAs Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station and be closed captioned 3 Crawls Each crawl must be provided in the same language as a majority of the programming carried by the transitioning station 4 Content of PSAs or crawls For stations relocating their ATSC 1 | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
0 signals or transitioning directly to ATSC 3 0 each PSA or crawl must provide all pertinent information to consumers h Notice to MVPDs 1 Next Gen TV stations relocating their ATSC 1 0 signals e g moving to a temporary host station s facilities subsequently moving to a different host or returning to its original facility must provide notice to MVPDs that i No longer will be required to carry the station s ATSC 1 0 signal due to the relocation or ii Carry and will continue to be obligated to carry the station s ATSC 1 0 signal from the new location 2 The notice required by this section must contain the following information i Date and time of any ATSC 1 0 channel changes ii The ATSC 1 0 channel occupied by the station before and after commencement of local simulcasting iii Modification if any to antenna position location or power levels iv Stream identification information and v Engineering staff contact information 3 If any of the information in paragraph h 2 of this section changes an amended notification must be sent 4 i Next Gen TV stations must provide notice as required by this section 47 CFR 73 3801 h 4 i enhanced display page 516 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 3801 h 4 i A Radio Broadcast Services A At least 120 days in advance of relocating their ATSC 1 0 signals if the relocation occurs during the post incentive auction transition period or B At least 90 days in advance of relocating their ATSC 1 0 signals if the relocation occurs after the post incentive auction transition period see 47 CFR 27 4 ii If the anticipated date of the ATSC 1 | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
0 signal relocation changes the station must send a further notice to affected MVPDs informing them of the new anticipated date 5 Next Gen TV stations may choose whether to provide notice as required by this section either by a letter notification or electronically via email if the relevant MVPD agrees to receive such notices by email Letter notifications to MVPDs must be sent by certified mail return receipt requested to the MVPD s address in the FCC s Online Public Inspection File OPIF if the MVPD has an online file For cable systems that do not have an online file notices must be sent to the cable system s official address of record provided in the system s most recent filing in the FCC s Cable Operations and Licensing System COALS For MVPDs with no official address in OPIF or COALS the letter must be sent to the MVPD s official corporate address registered with their State of incorporation 83 FR 3801 Feb 2 2018 as amended at 85 FR 43492 July 17 2020 88 FR 45366 July 17 2023 73 3999 Enforcement of 18 U S C 1464 restrictions on the transmission of obscene and indecent material a No licensee of a radio or television broadcast station shall broadcast any material which is obscene b No licensee of a radio or television broadcast station shall broadcast on any day between 6 a m and 10 p m any material which is indecent 60 FR 44439 Aug 28 1995 73 4000 Listing of FCC policies Link to an amendment published at 89 FR 7262 Feb 1 2024 The following sections list solely for the purpose of reference and convenience certain Policies of the FCC The present listing of FCC policies and citations thereto should not be relied upon as | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
an all inclusive list and the failure to include a policy in this list does not affect its validity Each section bears the title of one Policy and the citations which will direct the user to the specific document s pertaining to that Policy 44 FR 36387 June 22 1979 73 4005 Advertising refusal to sell See 412 U S 94 Supreme Court 1973 44 FR 36388 June 22 1979 73 4015 Applications for AM and FM construction permits incomplete or defective See Public Notice FCC 84 366 dated August 2 1984 49 FR 47331 December 3 1984 47 CFR 73 4015 enhanced display page 517 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4017 Radio Broadcast Services 49 FR 50048 Dec 26 1984 73 4017 Application processing Commercial FM stations Link to an amendment published at 89 FR 7262 Feb 1 2024 See Report and Order MM Docket 84 750 FCC 85 125 adopted March 4 1985 50 FR 19936 May 13 1985 59 FR 52086 Oct 14 1994 73 4045 Barter agreements See Order FCC 72 167 adopted February 16 1972 33 FCC 2d 653 37 FR 4009 February 25 1972 44 FR 36388 June 22 1979 73 4050 Children s TV programs a See Report and Policy Statement Docket 19142 FCC 74 1174 adopted October 24 1974 50 FCC 2d 1 39 FR 39396 November 6 1974 b See Report and Order Policy Statement Docket 19142 FCC 83 609 adopted December 22 1983 96 FCC 2d 634 49 FR 1704 January 13 1984 c See Report and Order MM Dockets 90 570 and 83 670 FCC 91 113 adopted April 9 1991 6 FCC Rcd 2111 56 FR 19611 April 19 1991 Memorandum Opinion and Order MM Dockets | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
90 570 and 83 670 FCC 91 248 adopted August 1 1991 6 FCC Rcd 5093 56 FR 42707 August 29 1991 49 FR 14509 Apr 12 1984 as amended at 59 FR 52086 Oct 14 1994 73 4055 Cigarette advertising Link to an amendment published at 89 FR 7262 Feb 1 2024 See 15 U S C 1335 44 FR 36388 June 22 1979 73 4060 Citizens agreements Link to an amendment published at 89 FR 7262 Feb 1 2024 a See Report and Order Docket 20495 FCC 75 1359 adopted December 10 1975 57 F C C 2d 42 40 F R 49730 December 30 1975 b See Memorandum Opinion and Order FCC 78 875 adopted December 21 1978 70 F C C 2d 1672 44 FR 58720 Oct 11 1979 47 CFR 73 4060 b enhanced display page 518 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4075 Radio Broadcast Services 73 4075 Commercials loud See Memorandum Opinion and Order BC Docket 79 168 FCC 84 300 adopted June 27 1984 49 FR 28077 July 10 1984 49 FR 38132 Sept 27 1984 73 4082 Comparative broadcast hearings specialized programming formats Link to an amendment published at 89 FR 7262 Feb 1 2024 a See Memorandum Opinion and Order FCC 80 33 adopted January 30 1980 75 FCC 2d 721 b See Report and Order Docket 79 137 FCC 79 331 adopted June 1 1979 72 FCC 2d 202 c See Memorandum Opinion and Order FCC 79 206 adopted March 30 1979 71 FCC 2d 460 47 FR 3792 Jan 27 1982 73 4091 Direct broadcast satellites a See Report and Order General Docket 80 603 FCC 82 285 adopted June 23 1982 90 FCC 2d 676 47 | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
FR 31555 July 21 1982 b See Memorandum Opinion and Order FCC 82 427 adopted September 23 1982 91 FCC 2d c See Memorandum Opinion and Order FCC 82 498 adopted November 4 1982 91 FCC 2d 48 FR 9012 Mar 3 1983 73 4094 Dolby encoder See Public Notice dated July 10 1974 72 FCC 2d 790 45 FR 6403 Jan 28 1980 73 4095 Drug lyrics a See Public Notice FCC 71 205 dated March 5 1971 28 FCC 2d 409 36 FR 4901 March 13 1971 b See Memorandum Opinion and Order FCC 71 428 adopted April 16 1971 31 FCC 2d 377 36 FR 8090 April 29 1971 44 FR 36388 June 22 1979 73 4097 EBS now EAS attention signals on automated programing systems See Public Notice dated March 1 1979 72 FCC 2d 788 44 FR 17792 March 23 1979 49 FR 50049 Dec 26 1984 as amended at 59 FR 67103 Dec 28 1994 47 CFR 73 4097 enhanced display page 519 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4099 Radio Broadcast Services 73 4099 Financial qualifications certification of See Public Notice FCC 87 97 adopted March 19 1987 52 FR 17333 May 7 1987 53 FR 2499 Jan 28 1988 73 4100 Financial qualifications new AM and FM stations Link to an amendment published at 89 FR 7262 Feb 1 2024 See Public Notice FCC 78 556 dated August 2 1978 69 FCC 2d 407 43 FR 34841 August 7 1978 44 FR 36388 June 22 1979 73 4101 Financial qualifications TV stations Link to an amendment published at 89 FR 7262 Feb 1 2024 See Public Notice FCC 79 299 dated May 11 1979 72 F C C 2d 784 44 | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
FR 29160 May 18 1979 45 FR 6403 Jan 28 1980 73 4102 FAA communications broadcast of See Public Notice FCC 72 105 dated February 2 1972 37 FR 3567 February 17 1972 45 FR 6403 Jan 28 1980 73 4104 FM assignment policies and procedures See Report and Order BC Docket 80 130 FCC 82 240 adopted May 20 1982 90 FCC 2d 88 47 FR 26625 June 21 1982 47 FR 54448 Dec 3 1982 73 4107 FM broadcast assignments increasing availability of Link to an amendment published at 89 FR 7262 Feb 1 2024 a See First Report and Order MM Docket 84 231 FCC 84 640 adopted December 19 1984 100 FCC 2d 1332 50 FR 3514 January 25 1994 b See Second Report and Order MM Docket 84 231 FCC 85 124 adopted March 14 1985 101 FCC 2d 630 50 FR 15558 April 19 1985 c See Memorandum Opinion and Order MM Docket 84 231 FCC 86 76 adopted February 10 1986 51 FR 9210 March 18 1986 d See Public Notice 51 FR 26009 July 18 1986 47 CFR 73 4107 d enhanced display page 520 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4108 Radio Broadcast Services 51 FR 26251 July 22 1986 as amended at 52 FR 11656 Apr 10 1987 59 FR 52086 Oct 14 1994 73 4108 FM transmitter site map submissions Link to an amendment published at 89 FR 7262 Feb 1 2024 See Memorandum Opinion and Order and Public Notice adopted October 24 1986 1 FCC Rcd 381 1986 51 FR 45945 December 23 1986 52 FR 11656 Apr 10 1987 73 4110 Format changes of stations See Memorandum Opinion and Order Docket 20682 FCC 76 744 adopted | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
July 28 1976 60 FCC 2d 858 41 FR 37153 September 2 1976 44 FR 36388 June 22 1979 73 4135 Interference to TV reception by FM stations See Public Notice FCC 67 1012 dated August 30 1967 74 FCC 2d 619 Secs 4 5 303 48 Stat as amended 1066 1068 1082 47 U S C 154 155 303 44 FR 36388 June 22 1979 as amended at 45 FR 28142 Apr 28 1980 49 FR 45154 Nov 15 1984 50 FR 5073 Feb 6 1985 51 FR 26251 July 22 1986 73 4140 Minority ownership tax certificates and distress sales a See Public Notice FCC 78 322 dated May 25 1978 68 FCC 2d 979 43 FR 25188 June 9 1978 b See Public Notice FCC 78 725 dated October 11 1978 43 FR 47612 October 16 1978 c See Policy Statement General Docket 82 797 FCC 82 523 adopted December 2 1982 92 FCC 2d 849 48 FR 5943 February 9 1983 d See Report and Order General Docket 82 797 FCC 84 647 adopted December 21 1984 99 FCC 2d 1249 50 FR 1239 January 10 1985 44 FR 36388 June 22 1979 as amended at 49 FR 38132 Sept 27 1984 49 FR 50049 Dec 26 1984 50 FR 47055 Nov 14 1985 52 FR 11656 Apr 10 1987 73 4154 Network AM FM station affiliation agreements See Report Statement of Policy and Order Docket 20721 FCC 77 206 adopted March 10 1977 63 FCC 2d 674 47 FR 28388 June 30 1982 47 CFR 73 4154 enhanced display page 521 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4157 Radio Broadcast Services 73 4157 Network signals which adversely affect affiliate broadcast service See Public Notice | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
FCC 79 387 dated April 20 1970 22 F C C 2d 779 45 FR 6403 Jan 28 1980 73 4163 Noncommercial nature of educational broadcast stations a See Second Report and Order BC Docket 21136 FCC 81 204 adopted April 23 1981 86 FCC 2d 141 46 FR 27944 May 22 1981 b See Order BC Docket 21136 FCC 82 327 adopted July 15 1982 90 FCC 2d 895 47 FR 36171 August 19 1982 c See Memorandum Opinion and Order BC Docket 21136 FCC 84 105 adopted March 28 1984 97 FCC 2d 255 49 FR 13534 April 5 1984 d See Public Notice FCC 86 161 dated April 11 1986 51 FR 21800 June 16 1986 Excerpt reprinted at 7 FCC Rcd 827 e See Memorandum Opinion and Order FCC 90 111 adopted March 28 1990 5 FCC Rcd 4920 47 FR 54448 Dec 3 1982 as amended at 51 FR 26251 July 22 1986 59 FR 52087 Oct 14 1994 73 4165 Obscene language a See FCC v Pacifica Foundation 438 U S 726 57 L Ed 2d 1073 46 U S L W 5018 1978 See also Action for Children s Television v FCC 852 F 2d 1332 D C Cir 1988 b See Action for Children s Television v FCC ACT III 11 F 3d 170 D C Cir 1993 See also Action for Children s Television v FCC ACT IV 15 F 3d 186 D C Cir 1994 rehearing granted en banc c See Report and Order GC Docket 92 223 FCC 93 42 adopted January 19 1993 8 FCC Rcd 704 58 FR 5937 January 25 1993 d See Memorandum Opinion and Order FCC 93 246 adopted May 11 1993 8 FCC Rcd 3600 e See Letter to Rusk Corporation dated May | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
6 1993 FCC 93 229 8 FCC Rcd 3228 f See Memorandum Opinion and Order FCC 93 4 adopted January 5 1993 8 FCC Rcd 498 g See Branton v FCC 993 F 2d 906 D C Cir 1993 h See Memorandum Opinion and Order DA 91 557 adopted April 30 1991 6 FCC Rcd 2560 59 FR 52087 Oct 14 1994 73 4170 Obscene broadcasts a See Miller v California 413 U S C 15 1973 See also Pope v Illinois 107 S Ct 1918 1987 18 U S C 1464 b See Memorandum Opinion and Order MM Docket 83 575 FCC 88 4 adopted January 12 1988 3 FCC Rcd 757 See also Memorandum Opinion and Order MM Docket 83 575 FCC 93 180 adopted April 2 1993 8 FCC Rcd 2753 47 CFR 73 4170 b enhanced display page 522 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4170 c Radio Broadcast Services c See Memorandum Opinion and Order FCC 87 365 adopted November 24 1987 3 FCC Rcd 930 d See Memorandum of Understanding between the Federal Communications Commission and the Department of Justice concerning Complaints and Cases Involving Obscenity and Indecency released April 9 1991 See also News Release dated April 19 1991 59 FR 52087 Oct 14 1994 73 4180 Payment disclosure Payola plugola kickbacks a See 47 U S C 507 b See Public Notice FCC 70 593 dated June 4 1970 23 FCC 2d 588 35 FR 9045 June 11 1970 c See Public Notice FCC 88 175 dated May 18 1988 44 FR 36389 June 22 1979 as amended at 49 FR 20504 May 15 1984 59 FR 52087 Oct 14 1994 73 4185 Political broadcasting and telecasting the law of a | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
See The Law of Political Broadcasting and Cablecasting Political Primer 1984 100 FCC 2d 1476 1984 b See Report and Order MM Docket 91 168 FCC 91 403 adopted December 12 1991 7 FCC Rcd 678 57 FR 189 January 3 1992 Memorandum Opinion and Order MM Docket 91 168 FCC 92 210 adopted May 14 1992 7 FCC Rcd 4611 57 FR 27705 June 22 1992 59 FR 52087 Oct 14 1994 73 4190 Political candidate authorization notice and sponsorship identification a See Joint Public Notice by the Federal Communications Commission and the Federal Election Commission FCC 78 419 dated June 19 1978 69 FCC 2d 1129 43 FR 30126 July 13 1978 b See Memorandum Opinion and Order FCC 92 55 adopted February 12 1992 7 FCC Rcd 1616 44 FR 36389 June 22 1979 as amended at 59 FR 52087 Oct 14 1994 73 4195 Political advertising by UHF translators See Public Notice FCC 76936 dated October 8 1976 62 FCC 2d 896 41 FR 45043 October 14 1976 44 FR 36389 June 22 1979 73 4210 Procedure Manual The Public and Broadcasting Link to an amendment published at 89 FR 7262 Feb 1 2024 See FCC 74 942 dated September 5 1974 49 FCC 2d 1 39 FR 32288 dated September 5 1974 44 FR 36389 June 22 1979 47 CFR 73 4210 enhanced display page 523 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4215 Radio Broadcast Services 73 4215 Program matter Supplier identification See Public Notice FCC 73 595 dated June 1 1973 41 FCC 2d 333 38 FR 14979 June 7 1973 44 FR 36389 June 22 1979 73 4242 Sponsorship identification rules applicability of See Public Notice dated September 3 1975 40 FR | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
41936 September 9 1975 47 FR 28388 June 30 1982 73 4246 Stereophonic pilot subcarrier use during monophonic programming See Report and Order Docket 19571 FCC 73 680 adopted June 21 1973 41 FCC 2d 534 38 FR 17021 June 28 1973 47 FR 3792 Jan 27 1982 73 4247 STV Competing applications Link to an amendment published at 89 FR 7262 Feb 1 2024 See Second Report and Order Docket 21502 FCC 81 13 adopted January 8 1981 85 FCC 2d 631 46 FR 19937 April 2 1981 47 FR 3792 Jan 27 1982 73 4250 Subliminal perception a See Public Notice FCC 74 78 dated January 24 1974 44 FCC 2d 1016 39 FR 3714 January 29 1974 b See FCC Information Bulletin Subliminal Projection dated November 1977 44 FR 36389 June 22 1979 73 4255 Tax certificates Issuance of a See Public Notice FCC 76 337 dated April 21 1976 59 FCC 2d 91 41 FR 17605 April 27 1976 b See Report and Order MM Docket 87 267 FCC 91 303 adopted September 26 1991 6 FCC Rcd 6273 56 FR 64842 December 12 1991 56 FR 64874 Dec 12 1991 as amended at 59 FR 52087 Oct 14 1994 73 4260 Teaser announcements See Public Notice FCC 62 592 dated June 1 1962 27 FR 5274 June 5 1962 44 FR 36389 June 22 1979 47 CFR 73 4260 enhanced display page 524 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 4265 Radio Broadcast Services 73 4265 Telephone conversation broadcasts network and like sources See Memorandum Opinion and Order FCC 75 1406 adopted December 18 1975 57 FCC 2d 334 41 FR 816 January 5 1976 44 FR 36389 June 22 1979 73 4266 Tender offer | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
and proxy statements See Policy Statement MM Docket 85 218 FCC 86 67 adopted January 30 1986 51 FR 9794 March 21 1986 51 FR 26251 July 22 1986 73 4267 Time brokerage Link to an amendment published at 89 FR 7262 Feb 1 2024 a See Policy Statement Docket 78 355 FCC 80 621 adopted October 21 1980 82 FCC 2d 107 b See Report and Order MM Docket 91 140 FCC 92 97 adopted March 12 1992 7 FCC Rcd 2755 57 FR 18089 April 29 1992 c See Memorandum Opinion and Order and Further Notice of Proposed Rule Making MM Docket 91 140 FCC 92 361 adopted August 5 1992 7 FCC Rcd 6387 57 FR 42701 September 16 1992 47 FR 3792 Jan 27 1982 as amended at 59 FR 52087 Oct 14 1994 73 4275 Tone clusters audio attention getting devices See Public Notice FCC 76 610 dated July 2 1976 60 FCC 2d 920 41 FR 28582 July 12 1976 44 FR 36389 June 22 1979 73 4280 Character evaluation of broadcast applicants a See Report and Order and Policy Statement Gen Docket 81 500 BC Docket 78 108 FCC 85 648 adopted December 10 1985 102 FCC 2d 1179 51 FR 3049 January 23 1986 b See Policy Statement and Order FCC 90 195 adopted May 10 1990 5 FCC Rcd 3252 55 FR 23082 June 6 1990 c See Memorandum Opinion and Order FCC 91 146 adopted May 1 1991 6 FCC Rcd 3448 56 FR 25633 June 5 1991 d See Memorandum Opinion and Order FCC 92 448 adopted September 18 1992 7 FCC Rcd 6564 57 FR 47410 October 16 1992 59 FR 52087 Oct 14 1994 47 CFR 73 4280 d enhanced display page 525 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 5000 Radio Broadcast Services Subpart I Procedures for Competitive Bidding and for Applications for Noncommercial Educational Broadcast Stations on Non Reserved Channels Source 63 FR 48629 Sept 11 1998 unless otherwise noted 73 5000 Services subject to competitive bidding Link to an amendment published at 89 FR 7262 Feb 1 2024 a Mutually exclusive applications for new facilities and for major changes to existing facilities in the following broadcast services are subject to competitive bidding AM FM FM translator analog television low power television television translator and Class A television Mutually exclusive applications for minor modifications of Class A television and television broadcast are also subject to competitive bidding The general competitive bidding procedures set forth in part 1 subpart Q of this chapter will apply unless otherwise provided in part 73 or part 74 of this chapter b Mutually exclusive applications for broadcast channels in the reserved portion of the FM band Channels 200 220 and for television broadcast channels reserved for noncommercial educational use are not subject to competitive bidding procedures Applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 on non reserved channels also are not subject to competitive bidding procedures 63 FR 48629 Sept 11 1998 as amended at 67 FR 45374 July 9 2002 68 FR 26228 May 15 2003 69 FR 72043 Dec 10 2004 73 5001 Reserved 73 5002 Application and certification procedures return of mutually exclusive applications not subject to competitive bidding procedures prohibition of collusion a Prior to any broadcast service auction the Commission will issue a public notice announcing the upcoming auction and specifying the period during which all applicants seeking to participate in an auction and all applicants for noncommercial | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
educational broadcast stations as described in 47 U S C 397 6 on non reserved channels must file their applications for new broadcast facilities or for major changes to existing facilities Broadcast service applications for new facilities or for major modifications will be accepted only during these specified periods This initial and other public notices will contain information about the completion and submission of applications to participate in the broadcast auction and applications for noncommercial educational broadcast stations as described in 47 U S C 397 6 on non reserved channels as well as any materials that must accompany the applications and any filing fee that must accompany the applications or any upfront payments that will need to be submitted Such public notices will also in the event mutually exclusive applications are filed for broadcast construction permits that must be resolved through competitive bidding contain information about the method of competitive bidding to be used and more detailed instructions on submitting bids and otherwise participating in the auction In the event applications are submitted that are not mutually exclusive with any other application in the same service or in the event that any applications that are submitted that had been mutually exclusive with other applications in the same service are resolved as a result of the dismissal or modification of any applications the non mutually exclusive applications will be identified by public notice and will not be subject to auction 47 CFR 73 5002 a enhanced display page 526 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 5002 b Radio Broadcast Services b To participate in broadcast service auctions or to apply for a noncommercial educational station as described in 47 U S C 397 6 on a non reserved channel | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
all applicants must timely submit short form applications FCC Form 175 along with all required certifications information and exhibits pursuant to the provisions of 1 2105 a of this chapter and any Commission public notices So determinations of mutual exclusivity for auction purposes can be made applicants for non table broadcast services must also submit the engineering data contained in the appropriate FCC form FCC Form 301 FCC Form 346 or FCC Form 349 Beginning January 1 1999 all short form applications must be filed electronically If any application for a noncommercial educational broadcast station as described in 47 U S C 397 6 is mutually exclusive with applications for commercial broadcast stations and the applicants that have the opportunity to resolve the mutually exclusivity pursuant to paragraphs c and d of this section fail to do so the application for noncommercial educational broadcast station as described in 47 U S C 397 6 will be returned as unacceptable for filing and the remaining applications for commercial broadcast stations will be processed in accordance with competitive bidding procedures c Applicants in all broadcast service auctions and applicants for noncommercial educational stations as described in 47 U S C 397 6 on non reserved channels will be subject to the provisions of 1 2105 b of this chapter regarding the modification and dismissal of their short form applications Notwithstanding the general applicability of 1 2105 b of this chapter to broadcast auctions and applicants for noncommercial educational stations as described in 47 U S C 397 6 on non reserved channels the following applicants will be permitted to resolve their mutual exclusivities by making amendments to their engineering submissions following the filing of their short form applications 1 Applicants for all broadcast services who file major modification applications that are mutually | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
exclusive with each other 2 Applicants for all broadcast services who file major modification and new station applications that are mutually exclusive with each other or 3 Applicants for the secondary broadcast services who file applications for new stations that are mutually exclusive with each other d The prohibition of collusion set forth in 1 2105 c of this chapter which becomes effective upon the filing of short form applications shall apply to all broadcast service auctions Notwithstanding the general applicability of 1 2105 c of this chapter to broadcast auctions the following applicants will be permitted to resolve their mutual exclusivities by means of engineering solutions or settlements during a limited period after the filing of short form applications as further specified by Commission public notices 1 Applicants for all broadcast services who file major modification applications that are mutually exclusive with each other 2 Applicants for all broadcast services who file major modification and new station applications that are mutually exclusive with each other or 3 Applicants for the secondary broadcast services who file applications for new stations that are mutually exclusive with each other e Applicants seeking to resolve their mutual exclusivities by means of engineering solution or settlement during a limited period as specified by public notice pursuant to paragraph d of this section may submit a non universal engineering solution or settlement proposal so long as such engineering solution or 47 CFR 73 5002 e enhanced display page 527 of 580 47 CFR Part 73 up to date as of 2 20 2024 47 CFR 73 5003 Radio Broadcast Services settlement proposal results in the grant of at least one application from the mutually exclusive group A technical amendment submitted under this subsection must resolve all of the applicant s mutual exclusivities with respect to | corpus_data/corpus_txt/47-CFR-Part-73-_up-to-date-as-of-2-20-2024_.txt |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.