Goto Section: 73.7001 | 73.7003 | Table of Contents
FCC 73.7002
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 73.7002 Fair distribution of service on reserved band FM channels.
(a) If timely filed applications for full service stations on reserved FM
channels are determined to be mutually exclusive, and will serve different
communities, the Commission will first determine, as a threshold issue,
whether grant of a particular application would substantially further the
fair distribution of service goals enunciated in section 307(b) of the
Communications Act, 47 U.S.C. 307(b).
(b) In an analysis performed pursuant to paragraph (a) of this section, a
full-service FM applicant that identifies itself as a Tribal Applicant, that
proposes Tribal Coverage, and that proposes the first reserved channel NCE
service owned by any Tribal Applicant at a community of license located on
Tribal Lands, will be awarded a construction permit. If two or more
full-service FM applicants identify themselves as Tribal Applicants and meet
the above criteria, the applicant providing the most people with reserved
channel NCE service to Tribal Lands will be awarded a construction permit,
regardless of the magnitude of the superior service or the populations of
the communities of license proposed, if different. If two or more
full-service FM applicants identifying themselves as Tribal Applicants each
meet the above criteria and propose identical levels of NCE aural service to
Tribal Lands, only those applicants shall proceed to be considered together
in a point system analysis. In an analysis performed pursuant to paragraph
(a) of this section that does not include a Tribal Applicant, a full service
FM applicant that will provide the first or second reserved channel
noncommercial educational (NCE) aural signal received by at least 10% of the
population within the station's 60dBu (1mV/m) service contours will be
considered to substantially further fair distribution of service goals and
to be superior to mutually exclusive applicants not proposing that level of
service, provided that such service to fewer than 2,000 people will be
considered insignificant. First service to 2,000 or more people will be
considered superior to second service to a population of any size. If only
one applicant will provide such first or second service, that applicant will
be selected as a threshold matter. If more than one applicant will provide
an equivalent level (first or second) of NCE aural service, the size of the
population to receive such service from the mutually exclusive applicants
will be compared. The applicant providing the most people with the highest
level of service will be awarded a construction permit, if it will provide
such service to 5,000 or more people than the next best applicant. If none
of the applicants in a mutually exclusive group would substantially further
fair distribution goals, all applicants will proceed to examination under a
point system. If two or more applicants will provide the same level of
service to an equivalent number of people (differing by less than 5,000),
only those equivalent applicants will be considered together in a point
system.
(c) For a period of four years of on-air operations, an applicant receiving
a decisive preference pursuant to this section is required to construct and
operate technical facilities substantially as proposed and shall not
downgrade service to the area on which the preference was based.
Additionally, for a period beginning from the award of a construction permit
through four years of on-air operations, a Tribal Applicant receiving a
decisive preference pursuant to this section may not:
(1) Assign or transfer the authorization except to another party that
qualifies as a Tribal Applicant;
(2) Change the facility's community of license; or
(3) Effect a technical change that would cause the facility to provide less
than full Tribal Coverage.
[ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001; 75 FR 9807 , Mar. 4, 2010]
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Goto Section: 73.7001 | 73.7003
Goto Year: 2014 |
2016
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