Sec.  73.203   Availability of channels.

   (a) Except as provided for in paragraph (b) of this section and  Sec. 1.401(d) of
   this chapter and 73.3573(a)(1), applications may be filed to construct new
   FM broadcast stations only at the communities and on the channels contained
   in the Table of Allotments ( Sec. 73.202(b)).

   (b) Applications filed on a first come, first served basis for the minor
   modification of an existing FM broadcast station may propose any change in
   channel and/or class and/or community not defined as major in  Sec. 73.3573(a).
   Applications for a change in community of license must comply with the
   requirements set forth in  Sec. 73.3573(g).

   Note to  Sec. 73.203: This section is limited to non-reserved band changes in
   channel and/or class and/or community. Applications requesting such changes
   must meet either the minimum spacing requirements of  Sec. 73.207 at the site
   specified  in the application, without resort to the provisions of the
   Commission's rules permitting short spaced stations as set forth in  Sec.  Sec. 73.213
   through  73.215,  or demonstrate by a separate exhibit attached to the
   application the existence of a suitable allotment site that fully complies
   with  Sec.  Sec. 73.207 and 73.315 without resort to  Sec.  Sec. 73.213 through 73.215.

   [ 71 FR 76219 , Dec. 20, 2006]