Goto Section: 73.3516 | 73.3518 | Table of Contents
FCC 73.3517
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 73.3517 Contingent applications.
Contingent applications for new stations and for changes in facilities of
existing stations are not acceptable for filing. Contingent applications
will be accepted for filing under circumstances described below:
(a) Upon filing of an application for the assignment of a license or
construction permit, or for a transfer of control of a licensee or
permittee, the proposed assignee or transferee may, upon payment of the
processing fee prescribed in Subpart G, Part 1 of this chapter, file
applications in its own name for authorization to make changes in the
facilities to be assigned or transferred contingent upon approval and
consummation of the assignment or transfer. Any application filed pursuant
to this paragraph must be accompanied by a written statement from the
existing licensee which specifically grants permission to the assignee or
permittee to file such application. The processing fee will not be
refundable should the assignment or transfer not be approved. The existing
licensee or permittee may also file a contingent application in its own
name, but fees in such cases also not refundable.
(b) Whenever the FCC determines that processing of any application filed
pursuant to paragraph (a) of this section, would be contrary to sound
administrative practice or would impose an unwarranted burden on its staff
and resources, the FCC may defer processing of such application until the
assignment or transfer has been granted and consummated.
(c) Upon payment of the filing fees prescribed in Sec. 1.1111 of this chapter,
the Commission will accept two or more applications filed by existing AM
licensees for modification of facilities that are contingent upon granting
of both, if granting such contingent applications will reduce interference
to one or more AM stations or will otherwise increase the area of
interference-free service. The applications must state that they are filed
pursuant to an interference reduction arrangement and must cross-reference
all other contingent applications.
(d) Modified proposals curing conflicts between mutually exclusive clusters
of applications filed in accordance with paragraphs (c) of this section will
be accepted for 60 days following issuance of a public notice identifying
such conflicts.
(e) The Commission will accept up to four contingently related applications
filed by FM licensees and/or permittees for minor modification of
facilities. Two applications are related if the grant of one is necessary to
permit the grant of the second application. Each application must state that
it is filed as part of a related group of applications to make changes in
facilities, must cross-reference each of the related applications, and must
include a copy of the agreement to undertake the coordinated facility
modifications. All applications must be filed on the same date. Any
coordinated facility modification filing that proposes the cancellation of a
community's sole noncommercial educational FM station license also must
include a public interest justification. Dismissal of any one of the related
applications as unacceptable will result in the dismissal of all the related
applications.
Note 1: No application to move to a frequency in the 1605–1705 kHz band may
be part of any package of contingent applications associated with a
voluntary agreement.
Note 2: In cases where no modified proposal is filed pursuant to paragraph
(d) of this section, the Commission will grant the application resulting in
the greatest net interference reduction.
[ 44 FR 38487 , July 2, 1979, as amended at 45 FR 41152 , June 18, 1980; 52 FR 5294 , Feb. 20, 1987; 53 FR 36787 , Sept. 22, 1988; 56 FR 64873 , Dec. 12,
1991; 64 FR 19501 , Apr. 21, 1999]
Goto Section: 73.3516 | 73.3518
Goto Year: 2007 |
2009
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