Sec.  73.702   Assignment and use of frequencies.

   (a) Frequencies will be assigned by the Commission prior to the start of
   each season to authorized international broadcasting stations for use during
   the season at specified hours and for transmission to specified zones or
   areas of reception, with specified power and antenna bearing. Six months
   prior  to  the start of each season, licensees and permittees shall by
   informal  written  request, submitted to the Commission in triplicate,
   indicate  for  the  season  the  frequency  or frequencies desired for
   transmission to each zone or area of reception specified in the license or
   permit, the specific hours during which it desires to transmit to such zones
   or areas on each frequency, and the power, antenna gain, and antenna bearing
   it desires to use. Requests will be honored to the extent that interference
   and propagation conditions permit and that they are otherwise in accordance
   with the provisions of this section.

   (b) After necessary processing of the requests required by paragraph (a) of
   this section, the Commission will notify each licensee and permittee of the
   frequencies, hours of use thereof to specified zones or areas of reception,
   power, and antenna bearing which it intends to authorize for the season in
   question. After receipt of such notification, the licensee or permittee
   shall, in writing, not later than two months before the start of the season
   in  question, inform the Commission either that it plans to operate in
   accordance with the authorization which the Commission intends to issue, or
   that it plans to operate in another manner. If the licensee or permittee
   indicates that it plans to operate in another manner, it shall furnish
   explanatory details.

   (c)  If  after submitting the request required under the provisions of
   paragraph  (a) of this section, but before receipt of the Commission's
   notification referred to in paragraph (b) of this section, the licensee or
   permittee  submits a request for changes of its original request, such
   requests  will  be  accepted  for consideration only if accompanied by
   statements  showing  good  cause  therefor and will be honored only if
   conditions  permit. If the information required to be submitted by the
   licensee or permittee under the provisions of paragraph (b) of this section
   indicates  that  operation  in another manner is contemplated, and the
   explanatory details contain a request for change in the originally proposed
   manner of operation, such requests will be accepted for consideration only
   if accompanied by statements showing good cause therefor and will be honored
   only if conditions permit. If after the licensee or permittee submits the
   information required under the provisions of paragraph (b) of this section,
   but before the start of the season in question, the licensee or permittee
   submits a request for changes in its manner of operation for the season in
   question, the request will be accepted for consideration only if accompanied
   by  statements showing good cause therefor and will be honored only if
   conditions permit. If after the start of a season the licensee or permittee
   submits a request for changes in the manner of operation as authorized, the
   request will be considered only if accompanied by statements showing good
   cause therefor, and will be honored only if conditions permit.

   (d) The provisions of paragraphs (a), (b), and (c) of the section shall
   apply to licensees, to permittees operating under program test authority,
   and to permittees who anticipate applying for and receiving program test
   authority for operation during the specified season.

   Note: Permittees who during the process of construction wish to engage in
   equipment  tests  shall  by informal written request, submitted to the
   Commission in triplicate not less than 30 days before they desire to begin
   such testing, indicate the frequencies they desire to use for testing and
   the hours they desire to use those frequencies. No equipment testing shall
   occur until the Commission has authorized frequencies and hours for such
   testing. Such authorizations shall be only for one season, and if it is
   desired to continue equipment testing in a following season, new requests
   for frequencies and hours must be submitted at least 30 days before it is
   desired to begin testing in the following season.

   (e) Within 14 days after the end of each season, a report shall be filed
   with the Commission by each licensee or permittee operating under program
   test authority who has been issued a seasonal schedule for that season. The
   report shall state whether the licensee or permittee has operated the number
   of frequency-hours authorized by the seasonal schedule to each of the zones
   or areas of reception specified in the schedule. If such operation has not
   occurred, a detailed explanation of that fact shall also be submitted which
   includes specific dates, frequency-hours not used, and reasons for the
   failure to operate as authorized. The report shall also contain information
   that has been received by the licensee or permittee as to reception or
   interference, and conclusions with regard to propagation characteristics of
   frequencies that were assigned for the season in question.

   (f) Exclusive allocations. Where practical, assigned frequencies shall be
   within the following bands, which are allocated to the broadcasting service
   on a primary and exclusive basis:

   (1) Worldwide allocations. In the ITU Radio Regulations , the following
   bands are allocated to the broadcasting service on a primary and exclusive
   basis throughout the world: 5900–6200 kHz, 7300–7350 kHz, 9400–9900 kHz,
   11600–12100  kHz,  13570–13870  kHz, 15100–15800 kHz, 17480–17900 kHz,
   18900–19020 kHz, 21450–21850 kHz, and 25670–26100 kHz.

   (2)  Regional  allocation.  The band 7200–7300 kHz is allocated to the
   broadcasting service on a primary and exclusive basis in Region 1 and Region
   3.

   Note to(f)(2): For the allocation of frequencies, the ITU has divided the
   world into three Regions, which are defined in 47 CFR 2.104(b). The bands
   7100–7300  kHz and 7400–7450 kHz are not allocated to the broadcasting
   service in Region 2.

   (g) Co-primary allocations. Frequencies may also be assigned from within the
   following bands, which are allocated on a primary, but not exclusive, basis
   to the broadcasting service:

   (1) Worldwide allocations. Until March 29, 2009, the band 7350–7400 kHz is
   allocated to the broadcasting and fixed services on a co-primary basis
   throughout  the world. After March 29, 2009, the band 7350–7400 kHz is
   allocated to the broadcasting service on an exclusive basis throughout the
   world, except in the countries listed in 47 CFR 2.106, footnote 5.143C where
   the band 7350–7400 kHz continues to be allocated to the broadcasting and
   fixed services on a co-primary basis.

   (2) Regional allocations. (i) Until March 29, 2009, the band 7100–7200 kHz
   is allocated to the amateur and broadcasting services on a co-primary basis
   in Region 1 and Region 3; however, during this transition period, the use of
   the band 7100–7200 kHz by the amateur service shall not impose constraints
   on the broadcasting service intended for use within Region 1 and Region 3.
   Where practical, requests for frequency assignments in the band 7100–7200
   kHz shall be satisfied within the band 7200–7350 kHz. After March 29, 2009,
   the band 7100–7200 kHz is no longer allocated to the broadcasting service.

   (ii)  Until March 29, 2009, the band 7400–7450 kHz is allocated to the
   broadcasting service on a co-primary basis with the fixed service in Region
   1 and Region 3. After March 29, 2009, the band 7400–7450 kHz is allocated on
   an exclusive basis to the broadcasting service in Region 1 and Region 3,
   except in the countries listed in 47 CFR 2.106, footnote 5.143C where the
   band 7400–7450 kHz continues to be allocated to the broadcasting and fixed
   services on a co-primary basis.

   (h) Requirements for Regional operation. (1) Frequency assignments in the
   bands 7100–7300 kHz (7200–7300 kHz after March 29, 2009) and 7400–7450 kHz
   shall be limited to international broadcast stations that are located in the
   Pacific insular areas located in Region 3 (as defined in 47 CFR 2.105(a),
   note 4) that transmit to geographical zones and areas of reception in Region
   1 or Region 3.

   (2) During the hours of 0800–1600 UTC (Coordinated Universal Time) antenna
   gain with reference to an isotropic radiator in any easterly direction that
   would intersect any area in Region 2 shall not exceed 2.15 dBi, except in
   the case where a transmitter power of less than 100 kW is used. In this
   case, antenna gain on restricted azimuths shall not exceed that which is
   determined in accordance with equation below. Stations desiring to operate
   in this band must submit sufficient antenna performance information to
   ensure compliance with these restrictions. Permitted gain for transmitter
   powers less than 100 kW:
   [MATH:
   :MATH]

   Where:

   Gi = maximum gain permitted with reference to an isotropic radiator.

   Pa = Transmitter power employed in kW.

   (i) Frequencies requested for assignment must be as near as practicable to
   the optimum working frequency (unless otherwise justified) for the zone or
   area of reception for the period and path of transmission, and should be
   chosen so that a given frequency will provide the largest period of reliable
   transmission to the selected zone or area of reception. Moreover, at the
   zone  or area of reception frequencies shall provide protection to the
   transmissions of other broadcasting stations which, in the opinion of the
   Commission, have priority of assignment.

   Note 1: Requests for frequency-hours shall be accompanied by all pertinent
   technical data with reference to the frequencies and hours of operation,
   including calculated field strengths delivered to the zones or areas of
   reception.

   Note 2: It is preferable that calculated field strengths delivered to zones
   or areas of reception be equal to or greater than those required by I.F.R.B.
   Technical Standards, Series A (and supplements thereto), in order for the
   I.F.R.B. to afford the notified assignment protection from interference.
   Nevertheless, calculated field strengths less than those required by the
   I.F.R.B. standards for protection will be acceptable to the Commission.
   However, licensees should note that if such lesser field strengths are
   submitted no protection from interference will be provided by the I.F.R.B.
   if their technical examination of such notifications show incompatibilities
   with other notified assignments fully complying with I.F.R.B. technical
   standards.

   Note 3: Licensees are permitted to engage in multiple operation as defined
   in  Sec. 73.701(d).

   Note 4: Seasonal requests for frequency-hours will be only for transmissions
   to  zones  or  areas of reception specified in the basic instrument of
   authorization. Changes in such zones or areas will be made only on separate
   application for modification of such instruments.

   (j) Not more than one frequency will be assigned for use at any one time for
   any one program transmission except in instances where a program is intended
   for reception in more than one zone or area of reception and the intended
   zones or areas cannot be served by a single frequency: Provided, however,
   That on a showing of good cause a licensee may be authorized to operate on
   more than one frequency at any one time to transmit any one program to a
   single zone or area of reception.

   (k)  Any  frequency  assigned to a licensee or permittee shall also be
   available for assignment to other licensees or permittees.

   (l) All assignments of frequencies and the hours during which they will be
   used will be made with the express understanding that they are subject to
   immediate cancellation or change without hearing whenever the Commission
   determines that interference or propagation conditions so require and that
   each frequency-hour assignment for a given seasonal schedule is unique unto
   itself and not necessarily available for use during a subsequent season.

   (m) The total maximum number of frequency-hours which will be authorized to
   all licensees of international broadcasting stations during any one day for
   any season is 100. The number of frequency-hours allocated to any licensee
   will depend on past usage, availability, and need. If for a forthcoming
   season the total of the requests for daily frequency-hours of all licensees
   exceeds 100, all licensees will be notified and each licensee that makes an
   adequate showing that good cause exists for not having its requested number
   of frequency-hours reduced and that operation of its station without such
   reduction would be consistent with the public interest may be authorized the
   frequency-hours requested.

   Note: The provisions of this paragraph are not to be construed to mean that
   a total of 100 (or more) frequency-hours per day is assured licensees.
   Frequency-hours will only be assigned to the extent that they are available.
   It is the responsibility of each licensee to make all technical studies to
   show that frequency-hours requested by it are available and suitable for use
   as proposed.

   [ 38 FR 18892 , July 16, 1973, as amended at  51 FR 9965 , Mar. 24, 1986;  68 FR 25538 , May 13, 2003;  70 FR 46676 , Aug. 10, 2005;  73 FR 25496 , May 6, 2008]