Goto Section: 73.3568 | 73.3572 | Table of Contents
FCC 73.3571
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 73.3571 Processing of AM broadcast station applications.
(a) Applications for AM broadcast facilities are divided into three
groups.
(1) In the first group are applications for new stations or for major
changes in the facilities of authorized stations. A major change for an
AM station authorized under this part is any change in frequency,
except frequency changes to non-expanded band first, second or third
adjacent channels. A major change in ownership is 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. A major
change in community of license is one in which the applicant's daytime
facilities at the proposed community are not mutually exclusive, as
defined in § 73.37, with the applicant's current daytime facilities, or
any change in community of license of an AM station in the 1605-1705
kHz band. All other changes will be considered minor.
(2) The second group consists of applications for licenses and all
other changes in the facilities of authorized stations.
(3) The third group consists of applications for operation in the
1605-1705 kHz band which are filed subsequent to FCC notification that
allotments have been awarded to petitioners under the procedure
specified in § 73.30.
(b)(1) The FCC may, after acceptance of an application for modification
of facilities, advise the applicant that such application is considered
to be one for a major change and therefore is subject to the provisions
of § § 73.3522, 73.3580 and 1.1111 of this chapter pertaining to major
changes. Such major modification applications will be dismissed as set
forth in paragraph (h)(1)(i) of this section.
(2) An amendment to an application which would effect a major change,
as defined in paragraph (a)(1) of this section, will not be accepted
except as provided for in paragraph (h)(1)(i) of this section.
(c) An application for changes in the facilities of an 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 said
licensee or permittee has taken place if, upon consummation, the
application is amended to reflect the new ownership.
(d) If, upon examination, the FCC finds that the public interest,
convenience and necessity will be served by the granting of an
application, the same will be granted. If the FCC is unable to make
such a finding and it appears that a hearing may be required, the
procedure set forth in § 73.3593 will be followed.
(e) Applications proposing to increase the power of an AM station are
subject to the following requirements:
(1) In order to be acceptable for filing, any application which does
not involve a change in site must propose at least a 20% increase in
the station's nominal power.
(2) Applications involving a change in site are not subject to the
requirements in paragraph (e)(1) of this section.
(3) Applications for nighttime power increases for Class D stations are
not subject to the requirements of this section and will be processed
as minor changes.
(4) The following special procedures will be followed in authorizing
Class II-D daytime-only stations on 940 and 1550 kHz, and Class III
daytime-only stations on the 41 regional channels listed in § 73.26(a),
to operate unlimited-time.
(i) Each eligible daytime-only station in the foregoing categories will
receive an Order to Show Cause why its license should not be modified
to specify operation during nighttime hours with the facilities it is
licensed to start using at local sunrise, using the power stated in the
Order to Show Cause, that the Commission finds is the highest nighttime
level—not exceeding 0.5 kW—at which the station could operate without
causing prohibited interference to other domestic or foreign stations,
or to co-channel or adjacent channel stations for which pending
applications were filed before December 1, 1987.
(ii) Stations accepting such modification shall be reclassified. Those
authorized in such Show Cause Orders to operate during nighttime hours
with a power of 0.25 kW or more, or with a power that, although less
than 0.25 kW, is sufficient to enable them to attain RMS field
strengths of 141 mV/m or more at 1 kilometer, shall be redesignated as
Class II-B stations if they are assigned to 940 or 1550 kHz, and as
unlimited-time Class III stations if they are assigned to regional
channels.
(iii) Stations accepting such modification that are authorized to
operate during nighttime hours at powers less than 0.25 kW, and that
cannot with such powers attain RMS field strengths of 141 mV/m or more
at 1 kilometer, shall be redesignated as Class II-S stations if they
are assigned to 940 or 1550 kHz, and as Class III-S stations if they
are assigned to regional channels.
(iv) Applications for new stations may be filed at any time on 940 and
1550 kHz and on the regional channels. Also, stations assigned to 940
or 1550 kHz, or to the regional channels, may at any time, regardless
of their classifications, apply for power increases up to the maximum
generally permitted. Such applications for new or changed facilities
will be granted without taking into account interference caused to
Class II-S or Class III-S stations, but will be required to show
interference protection to other classes of stations, including
stations that were previously classified as Class II-S or Class III-S,
but were later reclassified as Class II-B or Class III unlimited-time
stations as a result of subsequent facilities modifications that
permitted power increases qualifying them to discontinue their “S”
subclassification.
(f) Applications for minor modifications for AM broadcast stations, as
defined in paragraph (a)(2) of this section, 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, conflicting applicants. The FCC
will periodically release a Public Notice listing those applications
accepted for filing. Applications received on the same day will be
treated as simultaneously filed and, if they are found to be mutually
exclusive, must be resolved through settlement or technical amendment.
Conflicting applications received after the filing of a first
acceptable application will be grouped, according to filing date,
behind the lead application in a queue. The priority rights of the lead
applicant, against all other applicants, are determined by the date of
filing, but the filing date for subsequent, conflicting applicants only
reserves a place in the queue. The rights of an applicant in a queue
ripen only upon a final determination that the lead applicant is
unacceptable and if the queue member is reached and found acceptable.
The queue will remain behind the lead applicant until a construction
permit is finally granted, at which time the queue dissolves.
(g) Applications for change of license to change hours of operation of
a Class C AM broadcast station, to decrease hours of operation of any
other class of station, or to change station location involving no
change in transmitter site will be considered without reference to the
processing line.
(h) Processing new and major AM broadcast station applications. (1)(i)
The FCC will specify by Public Notice, pursuant to § 73.5002, a period
for filing AM applications for a new station or for major modifications
in the facilities of an authorized station. AM applications for new
facilities or for major modifications, whether for commercial broadcast
stations or noncommercial educational broadcast stations, as described
in 47 U.S.C. 397(6), will be accepted only during these specified
periods. Applications submitted prior to the appropriate filing period
or “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.
(ii)(A) Such AM applicants will be subject to the provisions of
§ § 1.2105 of this chapter and 73.5002 regarding the submission of the
short-form application, FCC Form 175, and all appropriate
certifications, information and exhibits contained therein.
Applications must include the following engineering data:
( 1 ) Community of license;
( 2 ) Frequency;
( 3 ) Class;
( 4 ) Hours of operations (day, night, critical hours);
( 5 ) Power (day, night, critical hours);
( 6 ) Antenna location (day, night, critical hours); and
( 7 ) All other antenna data.
(B) Applications lacking data (including any form of placeholder, such
as inapposite use of “0” or “not applicable” or an abbreviation
thereof) in any of the categories listed in paragraph (h)(1)(ii)(A) of
this section will be immediately dismissed as incomplete without an
opportunity for amendment. The staff will review the remaining
applications to determine whether they meet the following basic
eligibility criteria:
( 1 ) Community of license coverage (day and night) as set forth in
§ 73.24(i), and
( 2 ) Protection of co- and adjacent-channel station licenses,
construction permits and prior-filed applications (day and night) as
set forth in § § 73.37 and 73.182.
(C) If the staff review shows that an application does not meet one or
more of the basic eligibility criteria listed in paragraph
(h)(1)(ii)(B) of this section, it will be deemed “technically
ineligible for filing” and will be included on a Public Notice listing
defective applications and setting a deadline for the submission of
curative amendments. An application listed on that Public Notice may be
amended only to the extent directly related to an identified deficiency
in the application. The amendment may modify the proposed power, class
(within the limits set forth in § 73.21 of the rules), antenna location
or antenna data, but not the proposed community of license or
frequency. Except as set forth in the preceding two sentences,
amendments to short-form (FCC Form 175) applications will not be
accepted at any time. Applications that remain technically ineligible
after the close of this amendment period will be dismissed, and the
staff will determine which remaining applications are mutually
exclusive. The engineering proposals in eligible applications remaining
after the close of the amendment period will be protected from
subsequently filed applications. Determinations as to the acceptability
or grantability of an applicant's proposal will not be made prior to an
auction.
(iii) AM applicants will be subject to the provisions of § § 1.2105 and
73.5002 regarding the modification and dismissal of their short-form
applications.
(2) Subsequently, the FCC will release Public Notices:
(i) Identifying the short-form applications received during the window
filing period which are found to be mutually exclusive, including any
applications for noncommercial educational broadcast stations, as
described in 47 U.S.C. 397(6), as well as the procedures the FCC will
use to resolve the mutually exclusive applications;
(ii) Establishing a date, time and place for an auction;
(iii) Providing information regarding the methodology of competitive
bidding to be used in the upcoming auction, bid submission and payment
procedures, upfront payment procedures, upfront payment deadlines,
minimum opening bid requirements and applicable reserve prices in
accordance with the provisions of § 73.5002;
(iv) Identifying applicants who have submitted timely upfront payments
and, thus, are qualified to bid in the auction.
(3) After the close of the filing window, the FCC will also release a
Public Notice identifying any short-form applications received which
are found to be non-mutually exclusive, including any applications for
noncommercial educational broadcast stations, as described in 47 U.S.C.
397(6). All non-mutually exclusive applicants will be required to
submit an appropriate long form application within 30 days of the
Public Notice and, for applicants for commercial broadcast stations,
pursuant to the provisions of § 73.5005(d). Non-mutually exclusive
applications for commercial broadcast stations will be processed and
the FCC will periodically release a Public Notice listing such
non-mutually exclusive applications determined to be acceptable for
filing and announcing a date by which petitions to deny must be filed
in accordance with the provisions of § § 73.5006 and 73.3584.
Non-mutually exclusive applications for noncommercial educational
broadcast stations, as described in 47 U.S.C. 397(6), will be processed
and the FCC will periodically release a Public Notice listing such
non-mutually exclusive applications determined to be acceptable for
filing and announcing a date by which petitions to deny must be filed
in accordance with the provisions of § § 73.7004 and 73.3584. If the
applicant is duly qualified, and upon examination, the FCC finds that
the public interest, convenience and necessity will be served by the
granting of the non-mutually exclusive long form application, the same
will be granted.
(4)(i) The auction will be held pursuant to the procedures set forth in
§ § 1.2101 et seq. and 73.5000 et seq. Subsequent to the auction, the
FCC will release a Public Notice announcing the close of the auction
and identifying the winning bidders. Winning bidders will be subject to
the provisions of § 1.2107 of this chapter regarding down payments and
will be required to submit the appropriate down payment within 10
business days of the Public Notice. Pursuant to § 1.2107 of this
chapter and § 73.5005, a winning bidder that meets its down payment
obligations in a timely manner must, within 30 days of the release of
the Public Notice announcing the close of the auction, submit the
appropriate long-form application for each construction permit for
which it was the winning bidder. Long-form applications filed by
winning bidders shall include the exhibits identified in § 73.5005(a).
(ii) Winning bidders are required to pay the balance of their winning
bids in a lump sum prior to the deadline established by the Commission
pursuant to § 1.2109(a). Long-form construction permit applications
will be processed and the FCC will periodically release a Public Notice
listing such applications that have been accepted for filing and
announcing a date by which petitions to deny must be filed in
accordance with the provisions of § § 73.5006 and 73.3584. Construction
permits will be granted by the Commission only after full and timely
payment of winning bids and any applicable late fees, and if the
applicant is duly qualified, and upon examination, the FCC finds that
the public interest, convenience and necessity will be served.
(iii) All long-form applications will be cutoff as of the date of
filing with the FCC and will be protected from subsequently filed
long-form applications. Applications will be required to protect all
previously filed commercial and noncommercial applications. Subject to
the restrictions set forth in paragraph (k) of this section, winning
bidders filing long-form applications may change the technical
proposals specified in their previously submitted short-form
applications, but such change may not constitute a major change. If the
submitted long-form application would constitute a major change from
the proposal submitted in the short-form application, the long-form
application will be returned pursuant to paragraph (h)(1)(i) of this
section.
(i) In order to grant a major or minor change application made
contingent upon the grant of another licensee's request for a facility
modification, the Commission will not consider mutually exclusive
applications by other parties that would not protect the currently
authorized facilities of the contingent applicants. Such major change
applications remain, however, subject to the provisions of § § 73.3580
and 1.1111. The Commission shall grant contingent requests for
construction permits for station modifications only upon a finding that
such action will promote the public interest, convenience and
necessity.
(j) Applications proposing to change the community of license of an AM
station, except for an AM station in the 1605-1705 kHz band, are
considered to be minor modifications under paragraphs (a)(2) and (f) of
this section, and are subject to the following requirements:
(1) The applicant must attach an exhibit to its application containing
information demonstrating that the proposed community of license change
constitutes a preferential arrangement of assignments under Section
307(b) of the Communications Act of 1934, as amended (47 U.S.C.
307(b));
(2) The daytime facilities specified by the applicant at the proposed
community of license must be mutually exclusive, as defined in § 73.37,
with the applicant's current daytime facilities; and
(3) Notwithstanding the provisions of § 73.3580(a), the applicant must
comply with the local public notice provisions of § § 73.3580(c)(3),
73.3580(d)(3), and 73.3580(f). The exception contained in § 73.3580(e)
shall not apply to an application proposing to change the community of
license of an AM station.
(k)(1) An AM applicant receiving a dispositive Section 307(b)
preference is required to construct and operate technical facilities
substantially as proposed in its FCC Form 175. An AM applicant,
licensee, or permittee receiving a dispositive Section 307(b)
preference based on its proposed service to underserved populations
(under Priority (1), Priority (2), and Priority (4)) or service totals
(under Priority (4)) may modify its facilities so long as it continues
to provide the same priority service to substantially the same number
of persons who would have received service under the initial proposal,
even if the population is not the same population that would have
received such service under the initial proposal. For purposes of this
provision, “substantially” means that any proposed modification must
not result in a decrease of more than 20 percent of any population
figure that was a material factor in obtaining the dispositive Section
307(b) preference.
(2) An AM applicant, licensee, or permittee that has received a
dispositive preference under Priority (3) will be prohibited from
changing its community of license.
(3) The restrictions set forth in paragraphs (k)(1) and (k)(2) of this
section will be applied for a period of four years of on-air
operations. This holding period does not apply to construction permits
that are awarded on a non-comparative basis, such as those awarded to
non-mutually exclusive applicants or through settlement.
Note to § 73.3571: For purposes of paragraph (h)(1)(ii) of this
section, § 73.182(k) interference standards apply when determining
nighttime mutual exclusivity between applications to provide AM service
that are filed in the same window. Two applications would be deemed to
be mutually exclusive if either application would be subject to
dismissal because it would enter into, i.e. , raise, the twenty-five
percent exclusion RSS nighttime limit of the other.
[ 63 FR 48625 , Sept. 11, 1998, as amended at 64 FR 19501 , Apr. 21, 1999;
67 FR 45374 , July 9, 2002; 68 FR 26227 , May 15, 2003; 71 FR 6228 , Feb.
7, 2006; 71 FR 76219 , Dec. 20, 2006; 75 FR 9806 , Mar. 4, 2010; 76 FR 18952 , Apr. 6, 2011]
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Goto Section: 73.3568 | 73.3572
Goto Year: 2011 |
2013
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