Goto Section: 74.1231 | 74.1233 | Table of Contents
FCC 74.1232
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 74.1232 Eligibility and licensing requirements.
(a) Subject to the restrictions set forth in paragraph (d) of this section,
a license for an FM broadcast translator station may be issued to any
qualified individual, organized group of individuals, broadcast station
licensee, or local civil governmental body, upon an appropriate showing that
plans for financing the installation and operation of the translator are
sufficiently sound to assure prompt construction of the translator and
dependable service.
(b) More than one FM translator may be licensed to the same applicant,
whether or not such translators serve substantially the same area, upon an
appropriate showing of technical need for such additional stations. FM
translators are not counted as FM stations for the purpose of Sec. 73.3555 of
this chapter concerning multiple ownership.
Note: As used in this section need refers to the quality of the signal
received and not to the programming content, format, or transmission needs
of an area.
(c) Only one input and one output channel will be assigned to each FM
translator. Additional FM translators may be authorized to provide
additional reception. A separate application is required for each FM
translator and each application shall be complete in all respects.
(d) An authorization for an FM translator whose coverage contour extends
beyond the protected contour of the commercial primary station will not be
granted to the licensee or permittee of a commercial FM radio broadcast
station. Similarly, such authorization will not be granted to any person or
entity having any interest whatsoever, or any connection with a primary FM
station. Interested and connected parties extend to group owners, corporate
parents, shareholders, officers, directors, employees, general and limited
partners, family members and business associates. For the purposes of this
paragraph, the protected contour of the primary station shall be defined as
follows: the predicted 0.5mV/m contour for commercial Class B stations, the
predicted 0.7 mV/m contour for commercial Class B1 stations and the
predicted 1 mV/m field strength contour for all other FM radio broadcast
stations. The contours shall be as predicted in accordance with Sec. 73.313(a)
through (d) of this chapter. In the case of an FM radio broadcast station
authorized with facilities in excess of those specified by Sec. 73.211 of this
chapter, a co-owned commercial FM translator will only be authorized within
the protected contour of the class of station being rebroadcast, as
predicted on the basis of the maximum powers and heights set forth in that
section for the applicable class of FM broadcast station concerned. An FM
translator station in operation prior to March 1, 1991, which is owned by a
commercial FM (primary) station and whose coverage contour extends beyond
the protected contour of the primary station, may continue to be owned by
such primary station until March 1, 1994. Thereafter, any such FM translator
station must be owned by independent parties. An FM translator station in
operation prior to June 1, 1991, which is owned by a commercial FM radio
broadcast station and whose coverage contour extends beyond the protected
contour of the primary station, may continue to be owned by a commercial FM
radio broadcast station until June 1, 1994. Thereafter, any such FM
translator station must be owned by independent parties.
(e) An FM translator station whose coverage contour goes beyond the
protected contour of the commercial primary station shall not receive any
support, before or after construction, either directly or indirectly, from
the commercial primary FM radio broadcast station. Such support also may not
be received from any person or entity having any interest whatsoever, or any
connection with the primary FM station. Interested and connected parties
extend to group owners, corporate parents, shareholders, officers,
directors, employees, general and limited partners, family members and
business associates. Such an FM translator station may, however, receive
technical assistance from the primary station to the extent of installing or
repairing equipment or making adjustments to equipment to assure compliance
with the terms of the translator station's construction permit and license.
FM translator stations in operation prior to March 1, 1991 may continue to
receive contributions or support from the commercial primary station for the
operation and maintenance of the translator station until March, 1, 1994.
Thereafter, any such FM translator station shall be subject to the
prohibitions on support contained in this section. Such an FM translator
station may, however, receive technical assistance from the primary station
to the extent of installing or repairing equipment or making adjustments to
equipment to assure compliance with the terms of the translator station's
construction permit and license. FM translator stations in operation prior
to June 1, 1991 may continue to receive contributions or support from a
commercial FM radio broadcast station for the operation and maintenance of
the translator station until June 1, 1994. Thereafter, any such FM
translator station shall be subject to the prohibitions on support contained
in this section.
Note: “Technical assistance” refers to actual services provided by the
primary station's technical staff or compensation for the time and services
provided by independent engineering personnel. Conversely, such support must
not include the supply of equipment or direct funding for the translator's
discretionary use. “Technical assistance” must occur after the issuance of
the translator's construction permit or license in order to meet expenses
incurred by installing, repairing, or making adjustments to equipment.
(f) An FM broadcast booster station will be authorized only to the licensee
or permittee of the FM radio broadcast station whose signals the booster
station will retransmit, to serve areas within the protected contour of the
primary station, subject to Note, Sec. 74.1231(h) of this part.
(g) No numerical limit is placed upon the number of FM booster stations
which may be licensed to a single licensee. A separate application is
required for each FM booster station. FM broadcast booster stations are not
counted as FM broadcast stations for the purposes of Sec. 73.5555 of this
chapter concerning multiple ownership.
(h) Any authorization for an FM translator station issued to an applicant
described in paragraphs (d) and (e) of this section will be issued subject
to the condition that it may be terminated at any time, upon not less than
sixty (60) days written notice, where the circumstances in the community or
area served are so altered as to have prohibited grant of the application
had such circumstances existed at the time of its filing.
[ 35 FR 15388 , Oct. 2, 1970, as amended at 43 FR 14660 , Apr. 7, 1978; 52 FR 10571 , Apr. 2, 1987; 52 FR 31406 , Aug. 20, 1987; 55 FR 50696 , Dec. 10, 1990;
58 FR 42026 , Aug. 6, 1993]
Goto Section: 74.1231 | 74.1233
Goto Year: 2007 |
2009
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