§ 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 § 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 § 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 § 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. An FM translator
   providing service to an AM fill-in area will be authorized only to the
   permittee or licensee of the AM radio broadcast station being rebroadcast,
   or, in the case of an FM translator authorized to operate on an unreserved
   channel, to a party with a valid rebroadcast consent agreement with such a
   permittee  or licensee to rebroadcast that station as the translator's
   primary station. In addition, any FM translator providing service to an AM
   fill-in area must have been authorized by a license or construction permit
   in effect as of May 1, 2009, or pursuant to an application that was pending
   as of May 1, 2009. A subsequent modification of any such FM translator will
   not affect its eligibility to rebroadcast an AM signal.

   (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, § 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 § 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;  74 FR 45130 , Sept. 1, 2009;  77 FR 21015 , Apr. 9,
   2012]

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