FCC 73.3573 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 73.3573 Processing FM broadcast station applications.
(a) Applications for FM broadcast stations are divided into two groups:
(1) In the first group are applications for new stations or for major
changes of authorized stations. A major change in ownership is any change
where the original party or parties to the application do not retain more
than 50 percent ownership interest in the application as originally filed.
In the case of a Class D or an NCE FM reserved band channel station, a major
facility change is any change in antenna location which would not continue
to provide a 1 mV/m service to some portion of its previously authorized 1
mV/m service area. In the case of a Class D station, a major facility change
is any change in community of license or any change in frequency other than
to a first-, second-, or third-adjacent channel. A major facility change for
a commercial or a noncommercial educational full service FM station, a
winning auction bidder, or a tentative selectee authorized or determined
under this part is any change in frequency or community of license which is
not in accord with its current assignment, except for the following:
(i) A change in community of license which complies with the requirements of
paragraph (g) of this section;
(ii) A change to a higher or lower class co-channel, first-, second-, or
third-adjacent channel, or intermediate frequency;
(iii) A change to a same-class first-, second-, or third-adjacent channel,
or intermediate frequency;
(iv) A channel substitution, subject to the provisions of Section 316 of the
Communications Act for involuntary channel substitutions.
(2) The second group consists of applications for licenses and all other
changes in the facilities of authorized stations.
(b)(1) The FCC may, after the acceptance of an application for modification
of facilities, advise the applicant that such application is considered to
be one for a major change and therefore subject to the provisions of
Sec. Sec. 73.3522, 73.3580 and 1.1111 of this chapter pertaining to major changes.
Such major modification applications in the non-reserved band will be
dismissed as set forth in paragraph (f)(2)(i) of this section.
(2) An amendment to a non-reserved band application which would effect a
major change, as defined in paragraph (a)(1) of this section, will not be
accepted, except as provided for in paragraph (f)(2)(i) of this section.
(3) A new file number will be assigned to a reserved band application for a
new station or for major changes in the facilities of an authorized station,
when it is amended so as to effect a major change, as defined in paragraph
(a)(1) of this section. Where an amendment to a reserved band application
would require a new file number, the applicant will have the opportunity to
withdraw the amendment at any time prior to designation for hearing, if
applicable; and may be afforded, subject to the discretion of the
Administrative Law Judge, an opportunity to withdraw the amendment after
designation for hearing.
(c) An application for changes 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.
(d) If, upon examination, the FCC finds that the public interest,
convenience and necessity will be served by the granting of an application
for FM broadcast facilities, the same will be granted. If the FCC is unable
to make such a finding and it appears that a hearing may be required, the
procedure given in Sec. 73.3593 will be followed. In the case of mutually
exclusive applications for reserved channels, the procedures in subpart K of
this part will be followed. In the case of mutually exclusive applications
for unreserved channels, the procedures in subpart I of this part will be
followed.
(e) Processing reserved channel FM broadcast station applications. (1)
Applications for minor modifications for reserved channel FM broadcast
stations, as defined in paragraph (a)(2) of this section, may be filed at
any time, unless restricted by the FCC, and will be processed on a “first
come/first served” basis, with the first acceptable application cutting off
the filing rights of subsequent, competing applicants. The FCC will
periodically release a Public Notice listing those applications accepted for
filing. Conflicting applications received on the same day will be treated as
simultaneously filed and mutually exclusive. Conflicting applications
received after the filing of the first acceptable application will be
grouped, according to filing date, behind the lead application in the queue.
The priority rights of the lead applicant, against all other applicants, are
determined by the date of filing, but the filing date for subsequent
conflicting applicants only reserves a place in the queue. The right of an
applicant in a queue ripens only upon a final determination that the lead
applicant is unacceptable and that the queue member is reached and found
acceptable. The queue will remain behind the lead applicant until the
construction permit is finally granted, at which time the queue dissolves.
(2) The FCC will specify by Public Notice a period for filing reserved
channel FM applications for a new station or for major modifications in the
facilities of an authorized station. FM reserved channel applications for
new facilities or for major modifications will be accepted only during the
appropriate filing period or “window.” Applications submitted prior to the
window opening date identified in the Public Notice will be returned as
premature. Applications submitted after the specified deadline will be
dismissed with prejudice as untimely.
(3) Concurrently with the filing of a new or major modification application
for a reserved noncommercial educational channel, the applicant shall submit
to the FCC's public reference room and to a local public inspection file
consistent with Sec. 73.3527(e)(2), supporting documentation of points claimed,
as described in the application form.
(4) Timely filed applications for new facilities or for major modifications
for reserved FM channels will be processed pursuant to the procedures set
forth in subpart K of this part ( Sec. 73.7000 et seq. ) Subsequently, the FCC
will release Public Notices identifying: mutually exclusive groups of
applications; applications selected pursuant to the fair distribution
procedures set forth in Sec. 73.7002; applications received during the window
filing period which are found to be non-mutually exclusive; tentative
selectees determined pursuant to the point system procedures set forth in
Sec. 73.7003; and acceptable applications. The Public Notices will also
announce: additional procedures to be followed for certain groups of
applications; deadlines for filing additional information; and dates by
which petitions to deny must be filed in accordance with the provisions of
Sec. 73.3584. If the applicant is duly qualified, and upon examination, the FCC
finds that the public interest, convenience and necessity will be served by
the granting of the application, it will be granted. If an application is
determined unacceptable for filing, the application will be returned, and
subject to the amendment requirements of Sec. 73.3522.
(f) Processing non-reserved FM broadcast station applications. (1)
Applications for minor modifications for non-reserved FM broadcast stations,
as defined in paragraph (a)(2) of this section, may be filed at any time,
unless restricted by the FCC, and, generally, will be processed in the order
in which they are tendered. The FCC will periodically release a Public
Notice listing those applications accepted for filing. Processing of these
applications will be on a “first come/first serve” basis with the first
acceptable application cutting off the filing rights of subsequent
applicants. All applications received on the same day will be treated as
simultaneously tendered and, if they are found to be mutually exclusive,
must be resolved through settlement or technical amendment. Applications
received after the tender of a lead application will be grouped, according
to filing date, behind the lead application in a queue. The priority rights
of the lead applicant, as against all other applicants, are determined by
the date of filing, but the filing date for subsequent applicants for that
channel and community only reserves a place in the queue. The rights of an
applicant in a queue ripen only upon a final determination that the lead
applicant is unacceptable and if the queue member is reached and found
acceptable. The queue will remain behind the lead applicant until a
construction permit is finally granted, at which time the queue dissolves.
(2)(i) The FCC will specify by Public Notice, pursuant to Sec. 73.5002(a), a
period for filing non-reserved band FM applications for a new station or for
major modifications in the facilities of an authorized station. FM
applications for new facilities or for major modifications, whether for
commercial broadcast stations or noncommercial educational broadcast
stations, as described in 47 U.S.C. 397(6), will be accepted only during the
appropriate filing period or “window.” Applications submitted prior to the
window opening date identified in the Public Notice will be returned as
premature. Applications submitted after the specified deadline will be
dismissed with prejudice as untimely.
(ii) Such FM applicants will be subject to the provisions of Sec. Sec. 1.2105 and
73.5002 regarding the submission of the short-form application, FCC Form
175, and all appropriate certifications, information and exhibits contained
therein. FM applicants may submit a set of preferred site coordinates as a
supplement to the short-form application. Any specific site indicated by FM
applicants will not be studied for technical acceptability, but will be
protected from subsequently filed applications as a full-class facility as
of the close of the window filing period. Determinations as to the
acceptability or grantability of an applicant's proposal will not be made
prior to an auction.
(iii) FM applicants will be subject to the provisions of Sec. Sec. 1.2105 and
73.5002(c) regarding the modification and dismissal of their short-form
applications.
(3) Subsequently, the FCC will release Public Notices:
(i) Identifying the short-form applications received during the window
filing period which are found to be mutually exclusive, including any
applications for noncommercial educational broadcast stations, as described
in 47 U.S.C. 397(6), as well as the procedures the FCC will use to resolve
the mutually exclusive applications;
(ii) Establishing a date, time and place for an auction;
(iii) Providing information regarding the methodology of competitive bidding
to be used in the upcoming auction, bid submission and payment procedures,
upfront payment procedures, upfront payment deadlines, minimum opening bid
requirements and applicable reserve prices in accordance with the provisions
of Sec. 73.5002;
(iv) Identifying applicants who have submitted timely upfront payments and,
thus, are qualified to bid in the auction.
(4) If, after the close of the appropriate window filing period, a
non-reserved FM allotment remains vacant, the window remains closed until
the FCC, by Public Notice, specifies a subsequent period for filing
non-reserved band FM applications for a new station or for major
modifications in the facilities of an authorized station pursuant to
paragraph (f)(2)(i) of this section. After the close of the filing window,
the FCC will also release a Public Notice identifying the short-form
applications which are found to be non-mutually exclusive, including any
applications for noncommercial educational broadcast stations, as described
in 47 U.S.C. 397(6). These non-mutually exclusive applicants will be
required to submit the appropriate long-form application within 30 days of
the Public Notice and, for applicants for commercial broadcast stations,
pursuant to the provisions of Sec. 73.5005(d). Non-mutually exclusive
applications for commercial broadcast stations will be processed and the FCC
will periodically release a Public Notice listing such non-mutually
exclusive applications determined to be acceptable for filing and announcing
a date by which petitions to deny must be filed in accordance with the
provisions of Sec. Sec. 73.5006 and 73.3584. Non-mutually exclusive applications for
noncommercial educational broadcast stations, as described in 47 U.S.C.
397(6), will be processed and the FCC will periodically release a Public
Notice listing such non-mutually exclusive applications determined to be
acceptable for filing and announcing a date by which petitions to deny must
be filed in accordance with the provisions of Sec. Sec. 73.7004 and 73.3584. If the
applicant is duly qualified, and upon examination, the FCC finds that the
public interest, convenience, and necessity will be served by the granting
of the non-mutually exclusive long-form application, it will be granted.
(5)(i) Pursuant to Sec. 1.2107 of this chapter and Sec. 73.5005, a winning bidder
that meets its down payment obligations in a timely manner must, within 30
days of the release of the public notice announcing the close of the
auction, submit the appropriate long-form application for each construction
permit for which it was the winning bidder. Long-form applications filed by
winning bidders shall include the exhibits identified in Sec. 73.5005(a).
(ii) Winning bidders are required to pay the balance of their winning bids
in a lump sum prior to the deadline established by the Commission pursuant
to Sec. 1.2109(a) of this chapter. Long-form construction permit applications
will be processed and the FCC will periodically release a Public Notice
listing such applications that have been accepted for filing and announcing
a date by which petitions to deny must be filed in accordance with the
provisions of Sec. Sec. 73.5006 and 73.3584. Construction permits will be granted by
the Commission only after full and timely payment of winning bids and any
applicable late fees, and if the applicant is duly qualified, and upon
examination, the FCC finds that the public interest, convenience and
necessity will be served.
(iii) All long-form applications will be cut-off as of the date of filing
with the FCC and will be protected from subsequently filed long-form
applications and rulemaking petitions. Applications will be required to
protect all previously filed commercial and noncommercial applications.
Winning bidders filing long-form applications may change the technical
proposals specified in their previously submitted short-form applications,
but such change may not constitute a major change. If the submitted
long-form application would constitute a major change from the proposal
submitted in the short-form application or the allotment, the long-form
application will be returned pursuant to paragraph (f)(2)(i) of this
section.
(g) Applications proposing to change the community of license of an FM
station or assignment are considered to be minor modifications under
paragraphs (a)(2), (e)(1), and (f)(1) of this section, and are subject to
the following requirements:
(1) The applicant must attach an exhibit to its application containing
information demonstrating that the proposed community of license change
constitutes a preferential arrangement of allotments or assignments under
Section 307(b) of the Communications Act of 1934, as amended (47 U.S.C.
307(b));
(2) The facilities specified by the applicant at the proposed community of
license must be mutually exclusive, as defined in Sec. 73.207 or 73.509, with
the applicant's current facilities or its current assignment, in the case of
a winning auction bidder or tentative selectee; and
(3) Notwithstanding the provisions of Sec. 73.3580(a), the applicant must comply
with the local public notice provisions of Sec. Sec. 73.3580(c)(3), 73.3580(d)(3),
and 73.3580(f). The exception contained in Sec. 73.3580(e) shall not apply to an
application proposing to change the community of license of an FM station.
(4) Non-reserved band applications must demonstrate the existence of a
suitable assignment or allotment site that fully complies with Sec. Sec. 73.207 and
73.315 without resort to Sec. 73.213 or 73.215.
Note 1 to Sec. 73.3573: Applications to modify the channel and/or class to an
adjacent channel, intermediate frequency (IF) channel, or co-channel may
utilize the provisions of the Commission's Rules permitting short spaced
stations as set forth in Sec. 73.215 as long as the applicant shows by separate
exhibit attached to the application the existence of an allotment reference
site which meets the allotment standards, the minimum spacing requirements
of Sec. 73.207 and the city grade coverage requirements of Sec. 73.315. This exhibit
must include a site map or, in the alternative, a statement that the
transmitter will be located on an existing tower. Examples of unsuitable
allotment reference sites include those which are offshore, in a national or
state park in which tower construction is prohibited, on an airport, or
otherwise in an area which would necessarily present a hazard to air
navigation.
Note 2 to Sec. 73.3573: Processing of applications for new low power educational
FM applications: Pending the Commission's restudy of the impact of the rule
changes pertaining to the allocations of 10-watt and other low power
noncommercial educational FM stations, applications for such new stations,
or major changes in existing ones, will not be accepted for filing.
Exceptions are: (1) In Alaska, applications for new Class D stations or
major changes in existing ones are acceptable for filing; and (2)
applications for existing Class D stations to change frequency are
acceptable for filing. In (2), upon the grant of such application, the
station shall become a Class D (secondary) station. (See First Report and
Order, Docket 20735, FCC 78–386, 43 FR 25821 , and Second Report and Order,
Docket 20735, FCC 78–384, 43 FR 39704 .) Effective date of this FCC imposed
“freeze” was June 15, 1978. Applications which specify facilities of at
least 100 watts effective radiated power will be accepted for filing.
Note 3 to Sec. 73.3573: For rules on processing FM translator and booster
stations, see Sec. 74.1233 of this chapter.
Note 4 to Sec. 73.3573: A Class C station operating with antenna height above
average terrain (“HAAT”) of less than 451 meters is subject to
reclassification as a Class C0 station upon the filing of a triggering
application for construction permit that is short-spaced to such a Class C
station under Sec. 73.207 but would be fully spaced to such a station considered
as a Class C0 assignment. Triggering applications may utilize Sec. 73.215.
Triggering applications must certify that no alternative channel is
available for the proposed service. Available alternative frequencies are
limited to frequencies that the proposed service could use at the specified
antenna location in full compliance with the distance separation
requirements of Sec. 73.207, without any other changes to the FM Table of
Allotments. Copies of a triggering application and related pleadings must be
served on the licensee of the affected Class C station. If the staff
concludes that a triggering application is acceptable for filing, it will
issue an order to show cause why the affected station should not be
reclassified as a Class C0 station The order to show cause will provide the
licensee 30 days to express in writing an intention to seek authority to
modify the subject station's technical facilities to minimum Class C HAAT or
to otherwise challenge the triggering application. If no such intention is
expressed and the triggering application is not challenged, the subject
station will be reclassified as a Class C0 station, and processing of the
triggering application will be completed. If an intention to modify is
expressed, an additional 180-day period will be provided during which the
Class C station licensee must file an acceptable construction permit
application to increase antenna height to at least 451 meters HAAT. Upon
grant of such a construction permit application, the triggering application
will be dismissed. Class C station licensees must serve on triggering
applicants copies of any FAA submissions related to the application grant
process. If the construction is not completed as authorized, the subject
Class C station will be reclassified automatically as a Class C0 station.
The reclassification procedure also may be initiated through the filing of
an original petition for rule making to amend the FM Table of Allotments as
set forth in Note 2 to Sec. 1.420(g).
[ 63 FR 48627 , Sept. 11, 1998, as amended at 64 FR 19502 , Apr. 21, 1999; 65 FR 36379 , June 8, 2000; 65 FR 79780 , Dec. 20, 2000; 67 FR 45374 , July 9,
2002; 68 FR 26228 , May 15, 2003; 71 FR 6228 , Feb. 7, 2006; 71 FR 76220 , Dec.
20, 2006]
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.