Goto Section: 73.3568 | 73.3572 | Table of Contents
FCC 73.3571
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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]
return arrow Back to Top
Goto Section: 73.3568 | 73.3572
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public