Goto Section: 73.3571 | 73.3573 | Table of Contents
FCC 73.3572
Revised as of October 1, 2008
Goto Year:2007 |
2009
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]
Goto Section: 73.3571 | 73.3573
Goto Year: 2007 |
2009
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