Sec.  73.3572   Processing of TV broadcast, Class A TV broadcast, low power TV, TV
translators, and TV booster applications.

   (a) Applications for TV stations are divided into two groups:

   (1) In the first group are applications for new stations or major changes in
   the facilities of authorized stations. A major change for TV broadcast
   stations authorized under this part is any change in frequency or community
   of license which is in accord with a present allotment contained in the
   Table of Allotments ( Sec. 73.606). Other requests for change in frequency or
   community of license for TV broadcast stations must first be submitted in
   the form of a petition for rulemaking to amend the Table of Allotments.

   (2) In the case of Class A TV stations authorized under subpart J of this
   part and low power TV, TV translator, and TV booster stations authorized
   under part 74 of this chapter, a major change is any change in:

   (i) Frequency (output channel), except a change in offset carrier frequency;
   or

   (ii) Transmitting antenna location where the protected contour resulting
   from the change is not predicted to overlap any portion of the protected
   contour based on the station's authorized facilities.

   (3) Other changes will be considered minor; provided, until October 1, 2000,
   proposed  changes  to  the  facilities of Class A TV, low power TV, TV
   translator and TV booster stations, other than a change in frequency, will
   be considered minor only if the change(s) will not increase the signal range
   of the Class A TV, low power TV or TV booster in any horizontal direction.

   (4) The following provisions apply to displaced Class A TV, low power TV, TV
   translator and TV booster stations:

   (i) In the case of an authorized low power TV, TV translator or TV booster
   which is predicted to cause or receive interference to or from an authorized
   TV broadcast station pursuant to  Sec. 74.705 of this chapter or interference
   with broadcast or other services under  Sec. 74.703 or  Sec. 74.709 of this chapter,
   an application for a change in output channel, together with technical
   modifications which are necessary to avoid interference (including a change
   in antenna location of less than 16.1km), will not be considered as an
   application for a major change in those facilities.

   (ii) Provided further, that a low power TV, TV translator or TV booster
   station authorized on a channel from channel 52 to 69, or which is causing
   or receiving interference or is predicted to cause or receive interference
   to or from an authorized DTV station pursuant to  Sec. 74.706 of this chapter, or
   which is located within the distances specified in paragraph (4)(iv) of this
   section to the coordinates of co-channel DTV authorizations (or allotment
   table  coordinates  if there are no authorized facilities at different
   coordinates), may at any time file a displacement relief application for a
   change in output channel, together with any technical modifications which
   are  necessary to avoid interference or continue serving the station's
   protected service area. Such an application will not be considered as an
   application  for  a  major  change  in those facilities. Where such an
   application is mutually exclusive with applications for new low power TV, TV
   translator or TV booster stations, or with other nondisplacement relief
   applications for facilities modifications of Class A TV, low power TV, TV
   translator  or  TV  booster stations, priority will be afforded to the
   displacement application(s) to the exclusion of other applications, provided
   the permittee or licensee had tendered its initial application for a new
   LPTV or TV translator station to operate on channels 52–69 prior to the
   August 2000 filing window.

   (iii) A Class A TV station which is causing or receiving interference or is
   predicted to cause or receive interference to or from an authorized TV
   broadcast  station  pursuant  to  Sec.  Sec. 73.6011 or 73.613; a DTV station or
   allotment pursuant to  Sec.  Sec. 73.6013 or 73.623, or which is located within the
   distances  specified  below  in  paragraph (iv) of this section to the
   coordinates of co-channel DTV authorizations (or allotment table coordinates
   if there are no authorized facilities at different coordinates); or other
   service that protects and/or is protected by Class A TV stations, may at any
   time  file  a displacement relief application for a change in channel,
   together  with  technical  modifications  that  are necessary to avoid
   interference or continue serving the station's protected service area,
   provided the station's protected contour resulting from a relocation of the
   transmitting antenna is predicted to overlap some portion of the protected
   contour  based  on  its  authorized  facilities.  A Class A TV station
   displacement  relief  applications  will  be  considered  major change
   applications, and will be placed on public notice for a period of not less
   than 30 days to permit the filing of petitions to deny. However, these
   applications will not be subject to the filing of competing applications.
   Where a Class A displacement relief application becomes mutually exclusive
   with  applications  for  new low power TV, TV translator or TV booster
   stations, or with other non-displacement relief applications for facilities
   modifications of Class A TV, low power TV, TV translator or TV booster
   stations, priority will be afforded to the Class A TV displacement relief
   application(s) to the exclusion of other applications. Mutually exclusive
   displacement relief applications of Class A TV, low power TV, TV translators
   or TV booster stations filed on the same day will be subject to competitive
   bidding  procedures  if  the  mutual exclusivity is not resolved by an
   engineering solution.

   (iv)(A) The geographic separations to co-channel DTV facilities or allotment
   reference  coordinates,  as  applicable,  within  which to qualify for
   displacement relief are the following:

   ( 1 ) Stations on UHF channels: 265 km (162 miles)

   ( 2 ) Stations on VHF channels 2–6: 280 km (171 miles)

   ( 3 ) Stations on VHF channels 7–13: 260 km (159 miles)

   (B) Engineering showings of predicted interference may also be submitted to
   justify the need for displacement relief.

   (v) Provided further, that the FCC may, within 15 days after acceptance of
   any other application for modification of facilities, advise the applicant
   that  such  application is considered to be one for a major change and
   therefore subject to the provisions of  Sec.  Sec. 73.3522, 73.3580, and 1.1111 of
   this  chapter  pertaining  to  major  changes. Such major modification
   applications filed for Class A TV, low power TV, TV translator, TV booster
   stations,  and for a non-reserved television allotment, are subject to
   competitive bidding procedures and will be dismissed if filed outside a
   specified filing period. See 47 CFR 73.5002(a).

   (b) A new file number will be assigned to an application for a new station
   or for major changes in the facilities of an authorized station, when it is
   amended so as to effect a major change, as defined in paragraphs (a)(1) or
   (a)(2) of this section, or result in a situation where the original party or
   parties to the application do not retain more than 50% ownership interest in
   the application as originally filed and  Sec. 73.3580 will apply to such amended
   application. An application for change in the facilities of any existing
   station will continue to carry the same file number even though (pursuant to
   FCC  approval) an assignment of license or transfer of control of such
   licensee or permittee has taken place if, upon consummation, the application
   is amended to reflect the new ownership.

   (c)  Amendments to Class A TV, low power TV, TV translator, TV booster
   stations, or non-reserved television applications, which would require a new
   file  number pursuant to paragraph (b) of this section, are subject to
   competitive bidding procedures and will be dismissed if filed outside a
   specified filing period. See 47 CFR 73.5002(a). When an amendment to an
   application for a reserved television allotment would require a new file
   number pursuant to paragraph (b) of this section, the applicant will have
   the opportunity to withdraw the amendment at any time prior to designation
   for a hearing if applicable; and may be afforded, subject to the discretion
   of the Administrative Law Judge, an opportunity to withdraw the amendment
   after designation for a hearing.

   (d)(1)  The  FCC  will  specify  by Public Notice, a period for filing
   applications  for  new  television  stations on reserved noncommercial
   educational channels or for major modifications in the facilities of an
   authorized station on reserved channels. TV reserved channel applications
   for new facilities or for major modifications will be accepted only during
   the appropriate filing period or “window.” Applications submitted prior to
   the window opening date identified in the Public Notice will be returned as
   premature. Applications submitted after the specified deadline will be
   dismissed with prejudice as untimely. Mutually exclusive applications for
   reserved channel television stations will be resolved using the point system
   in subpart K of this part.

   (2) Concurrently with the filing of a new or major modification application
   for a reserved noncommercial educational channel, the applicant shall submit
   to the FCC's public reference room and to a local public inspection file
   consistent with  Sec. 73.3527(e)(2), supporting documentation of points claimed,
   as described in the application form.

   (e) The FCC will specify by Public Notice a period for filing applications
   for a new non-reserved television, low power TV and TV translator stations
   or for major modifications in the facilities of such authorized stations,
   whether for commercial broadcast stations or noncommercial educational
   broadcast  stations,  as  described  in  47  U.S.C.  397(6), and major
   modifications in the facilities of Class A TV stations.

   (f) Applications for minor modification of Class A TV, low power TV, TV
   translator  and  TV  booster stations may be filed at any time, unless
   restricted    by    the    FCC,   and   will   be   processed   on   a
   “first-come/first-served” basis, with the first acceptable application
   cutting off the filing rights of subsequent, competing applicants. Provided,
   however, that applications for minor modifications of Class A TV and those
   of TV broadcast stations may become mutually exclusive until grant of a
   pending Class A TV or TV broadcast minor modification application.

   (g) TV booster station applications may be filed at any time. Subsequent to
   filing,  the FCC will release a Public Notice accepting for filing and
   proposing for grant those applications which are not mutually exclusive with
   any  other  TV  translator,  low  power  TV, TV booster, or Class A TV
   application, and providing for the filing of Petitions To Deny pursuant to
    Sec. 73.3584.

   [ 63 FR 48626 , Sept. 11, 1998, as amended at  65 FR 30007 , May 10, 2000;  65 FR 36379 , June 8, 2000;  67 FR 5513 , Feb. 6, 2002;  67 FR 45374 , July 9, 2002;  68 FR 26227 , May 15, 2003]