Goto Section: 74.1232 | 74.1234 | Table of Contents
FCC 74.1233
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 74.1233 Processing FM translator and booster station applications.
(a) Applications for FM translator and booster stations are divided into two
groups:
(1) In the first group are applications for new stations or for major
changes in the facilities of authorized stations. For FM translator
stations, a major change is any change in frequency (output channel) except
changes to first, second or third adjacent channels, or intermediate
frequency channels, and any change in antenna location where the station
would not continue to provide 1 mV/m service to some portion of its
previously authorized 1 mV/m service area. All other changes will be
considered minor. All major changes are subject to the provisions of
Sec. Sec. 73.3580 and 1.1104 of this chapter pertaining to major changes.
(2) In the second group are applications for licenses and all other changes
in the facilities of the authorized station.
(b) Processing booster and reserved band FM translator applications.
(1) Applications for minor modifications for reserved band FM translator
stations, as defined in paragraph (a)(2) of this section, may be filed at
any time, unless restricted by the FCC, and will be processed on a “first
come/first served” basis, with the first acceptable application cutting off
the filing rights of subsequent, conflicting applicants. The FCC will
periodically release a Public Notice listing those applications accepted for
filing. Conflicting applications received on the same day will be treated as
simultaneously filed and mutually exclusive. Conflicting applications
received after the filing of a first acceptable application will be grouped,
according to filing date, behind the lead application in a queue. The
priority rights of the lead applicant, against all other applicants, are
determined by the date of filing, but the filing date for subsequent,
conflicting applicants only reserves a place in the queue. The rights of an
applicant in a queue ripen only upon a final 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) All other applications for booster stations and reserved band FM
translator stations will be processed as nearly as possible in the order in
which they are filed. Such applications will be placed in the processing
line in numerical sequence, and will be drawn by the staff for study, the
lowest file number first. In order that those applications which are
entitled to be grouped for processing may be fixed prior to the time
processing of the earliest filed application is begun, the FCC will
periodically release a Public Notice listing reserved band applications that
have been accepted for filing and announcing a date (not less than 30 days
after publication) on which the listed applications will be considered
available and ready for processing and by which all mutually exclusive
applications and/or petitions to deny the listed applications must be filed.
(3) Applications for reserved band FM translator stations will be processed
using filing window procedures. The FCC will specify by Public Notice, a
period for filing reserved band FM translator applications for a new station
or for major modifications in the facilities of an authorized station. FM
translator applications for new facilities or for major modifications will
be accepted only during these specified periods. 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.
(4) Timely filed applications for new facilities or for major modifications
for reserved band FM Translators will be processed pursuant to the
procedures set forth in subpart K of Part 73 ( Sec. 73.7000 et seq. )
Subsequently, the FCC will release Public Notices identifying: mutually
exclusive groups of applications; 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 of this chapter; 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. 73.7004 of this chapter. 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 found not to be acceptable for filing, the
application will be returned, and subject to the amendment requirements of
Sec. 73.3522 of this chapter.
(c) In the case of an application for an instrument of authorization, other
than a license pursuant to a construction permit, grant will be based on the
application, the pleadings filed, and such other matters that may be
officially noticed. Before a grant can be made it must be determined that:
(1) There is not pending a mutually exclusive application.
(2) The applicant is legally, technically, financially and otherwise
qualified;
(3) The applicant is not in violation of any 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.
(d) Processing non-reserved band FM translator applications.
(1) Applications for minor modifications for non-reserved band FM translator
stations, as defined in paragraph (a)(2) of this section, may be filed at
any time, unless restricted by the FCC, and will be processed on a “first
come/first served” basis, with the first acceptable application cutting off
the filing rights of subsequent, conflicting applicants. The FCC will
periodically release a Public Notice listing those applications accepted for
filing. Applications received on the same day will be treated as
simultaneously filed and, if they are found to be mutually exclusive, must
be resolved through settlement or technical amendment. Conflicting
applications received after the filing of a first acceptable application
will be grouped, according to filing date, behind the lead application in a
queue. The priority rights of the lead applicant, against all other
applicants, are determined by the date of filing, but the filing date for
subsequent, conflicting applicants only reserves a place in the queue. The
rights of an applicant in a queue ripen only upon a final 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) of
this chapter, a period for filing non-reserved band FM translator
applications for a new station or for major modifications in the facilities
of an authorized station. FM translator applications for new facilities or
for major modifications, whether for commercial broadcast stations or
noncommercial educational broadcast stations, as described in 47 U.S.C.
397(6), will be accepted only during these specified periods. Applications
submitted prior to the 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 translator applicants will be subject to the provisions of
Sec. Sec. 1.2105 and 73.5002(a) regarding the submission of the short-form
application, FCC Form 175, and all appropriate certifications, information
and exhibits contained therein. To determine which FM translator
applications are mutually exclusive, FM translator applicants must submit
the engineering data contained in FCC Form 349 as a supplement to the
short-form application. Such engineering data will not be studied for
technical acceptability, but will be protected from subsequently filed
applications 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 translator applicants will be subject to the provisions of Sec. 1.2105
regarding the modification and dismissal of their short-form applications.
(iv) Consistent with Sec. 1.2105(a), beginning January 1, 1999, all short-form
applications must be filed electronically.
(3) Subsequently, the FCC will release Public Notices:
(i) Identifying the short-form applications received during the appropriate
filing period or “window” which are found to be mutually exclusive,
including any applications for noncommercial educational broadcast stations,
as defined 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) After the close of the filing window, the FCC will also release a Public
Notice identifying any 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 of this chapter. 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 of
this chapter. Non-mutually exclusive applications for noncommercial
educational broadcast stations, as described by 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 of this chapter. If the
applicants are duly qualified, and upon examination, the FCC finds that the
public interest, convenience and necessity will be served by the granting of
the non-mutually exclusive long-form application, the same will be granted.
(5)(i) Pursuant to Sec. 1.2107 of this chapter, 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 of this chapter.
(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. If a winning bidder fails to pay the balance of
its winning bid in a lump sum by the applicable deadline as specified by the
Commission, it will be allowed to make payment within ten (10) business days
after the payment deadline, provided that it also pays a late fee equal to
five (5) percent of the amount due in accordance with Sec. 1.2109(a) of this
chapter. Construction of the FM translator station shall not commence until
the grant of such permit to the winning bidder and only after full and
timely payment of winning bids and any applicable late fees.
(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
translator applications. Applications will be required to protect all
previously filed 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 (d)(2)(i) of
this section.
(e) Selection of mutually exclusive reserved band FM translator
applications.
(1) Applications for FM translator stations proposing to provide fill-in
service (within the primary station's protected contour) of the commonly
owned primary station will be given priority over all other applications.
(2) Where applications for FM translator stations are mutually exclusive and
do not involve a proposal to provide fill-in service of commonly owned
primary stations, the FCC may stipulate different frequencies as necessary
for the applicants.
(3) Where there are no available frequencies to substitute for a mutually
exclusive application, the FCC will apply the same point system identified
for full service reserved band FM stations in Sec. 73.7003(b) of this chapter.
In the event of a tie, the FCC will consider:
(i) Existing authorizations. Each applicant's number of existing radio
authorizations (licenses and construction permits for AM, FM, and
FM-translators but excluding fill-in translators) as of the time of
application shall be compared, and the applicant with the fewest
authorizations will be chosen as tentative selectee. If each applicant is
applying for a fill-in translator only, and consideration of its other radio
stations is not dispositive, its number of existing fill-in translator
authorizations will also be considered, and the fill-in applicant with the
fewest fill-in authorizations will be chosen as tentative selectee.
(ii) Existing applications. If a tie remains, after the tie breaker in
paragraph (e)(3)(i) of this section, the remaining applicant with the fewest
pending radio new and major change applications (AM, FM, and non fill-in FM
translators) will be chosen as tentative selectee. If each applicant is
applying for a fill-in translator only, and consideration of its other radio
stations is not dispositive, its number of existing fill-in translator
applications will also be considered, and the fill-in applicant with the
fewest fill-in authorizations will be chosen as tentative selectee.
(iii) Where the procedures in paragraphs (e)(1), (e)(2) and (e)(3)(i) and
(e)(3)(ii) of this section fail to resolve the mutual exclusivity, the
applications will be processed on a first-come-first-served basis.
[ 63 FR 48632 , Sept. 11, 1998, as amended at 64 FR 19502 , Apr. 21, 1999; 65 FR 36382 , June 8, 2000; 66 FR 15357 , Mar. 19, 2001; 67 FR 45375 , July 9,
2002; 68 FR 26229 , May 15, 2003; 71 FR 6229 , Feb. 7, 2006]
Goto Section: 74.1232 | 74.1234
Goto Year: 2006 |
2008
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