Goto Section: 73.3516 | 73.3518 | Table of Contents
FCC 73.3517
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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 § 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]
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Goto Section: 73.3516 | 73.3518
Goto Year: 2011 |
2013
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