Goto Section: 73.7002 | 73.7004 | Table of Contents
FCC 73.7003
Revised as of September 1, 2021
Goto Year:2020 |
2022
§ 73.7003 Point system selection procedures.
(a) If timely filed applications for reserved FM channels or reserved
TV channels are determined to be mutually exclusive, applications will
be processed and assessed points to determine the tentative selectee
for the particular channels. The tentative selectee will be the
applicant with the highest point total under the procedure set forth in
this section, and will be awarded the requested permit if the
Commission determines that an award will serve the public interest,
convenience, and necessity.
(b) Based on information provided in each application, each applicant
will be awarded a predetermined number of points under the criteria
listed:
(1) Established local applicant. Three points for local applicants, as
defined in § 73.7000, who have been local continuously for no fewer than
the two years (24 months) immediately prior to the application filing.
(2) Local diversity of ownership. Two points for applicants with no
attributable interests, as defined in § 73.7000, in any other broadcast
station or authorized construction permit (comparing radio to radio and
television to television) whose principal community (city grade)
contour overlaps that of the proposed station. The principal community
(city grade) contour is the 5 mV/m for AM stations, the 3.16 mV/m for
FM stations calculated in accordance with § 73.313(c), and the contour
identified in § 73.685(a) for TV. Radio applicants will count commercial
and noncommercial AM, FM, and FM translator stations other than fill-in
stations. Television applicants will count UHF, VHF, and Class A
stations.
(3) State-wide network. Two points for an applicant that does not
qualify for the credit for local diversity of ownership, if it is:
(i) An entity, public or private, with authority over a minimum of 50
accredited full-time elementary and/or secondary schools within a
single state, encompassed by the combined primary service contours of
the proposed station and its existing station(s), if the existing
station(s) are regularly providing programming to the schools in
furtherance of the school curriculum and the proposed station will
increase the number of schools it will regularly serve; or
(ii) An accredited public or private institution of higher learning
with a minimum of five full time campuses within a single state
encompassed by the combined primary service contours of the proposed
station and its existing station(s), if the existing station(s) are
regularly providing programming to campuses in furtherance of their
curriculum and the proposed station will increase the number of
campuses it will regularly serve; or
(iii) An organization, public or private, with or without direct
authority over schools, that will regularly provide programming for and
in coordination with an entity described in paragraph (b)(3) (i) or
(ii) of this section for use in the school curriculum.
(iv) No entity may claim both the diversity credit and the state-wide
network credit in any particular application.
(4) Technical parameters. One point to the applicant covering the
largest geographic area and population with its relevant contour (60
dBu for FM and Grade B for TV), provided that the applicant covers both
a ten percent greater area and a ten percent greater population than
the applicant with the next best technical proposal. The top applicant
will receive two points instead of one point if its technical proposal
covers both a 25 percent greater area and 25 percent greater population
than the next best technical proposal.)
(c) If the best qualified (highest scoring) two or more applicants have
the same point accumulation, the tentative selectee will be determined
by a tie-breaker mechanism as follows:
(1) Tie breaker 1. Each applicant's number of attributable existing
authorizations (licenses and construction permits, commercial and
noncommercial) in the same service (radio or television) nationally, as
of the time of application shall be compared, and the applicant with
the fewest authorizations will be chosen as tentative selectee. Radio
applicants will count commercial and noncommercial AM, FM, and FM
translator stations other than fill-in stations. Television applicants
will count UHF, VHF, and Class A stations.
(2) Tie breaker 2. If a tie remains after the tie breaker in paragraph
(c)(1) of this section, the tentative selectee will be the remaining
applicant with the fewest pending new and major change applications in
the same service at the time of filing.
(3) Tie breaker 3. If a tie remains after the tie breaker in paragraph
(c)(2) of this section, the tentative selectee will be the remaining
applicant that can demonstrate that:
(i) It applied in a previous filing window, and had its application
accepted for filing and processed, but subsequently dismissed in favor
of an applicant with superior points or a tie-breaker showing;
(ii) It has been in continuous existence at all times from the date of
that previous filing until the present; and
(iii) It does not hold any NCE construction permit or license.
(4) Voluntary time-sharing. If a tie remains after the tie breaker in
paragraph (c)(3) of this section, each of the remaining tied, mutually
exclusive applicants will be identified as a tentative selectee and
must electronically submit, within 90-days from the release of the
public notice or order announcing the remaining tie, any voluntary
time-share agreement. Voluntary time-share agreements must be in
writing, signed by each time-share proponent, and specify the proposed
hours of operation of each time-share proponent.
(5) Mandatory time-sharing. If a tie among mutually exclusive
applications is not resolved through voluntary time-sharing in
accordance with paragraph (c)(4) of this section, the tied applications
will be reviewed for acceptability. Applicants with tied, grantable
applications will be eligible for equal, concurrent, non-renewable
license terms.
(i) If a mutually exclusive group has three or fewer tied, grantable
applications, the Commission will simultaneously grant these
applications, assigning an equal number of hours per week to each
applicant. The Commission will require each applicant subject to
mandatory time-sharing to simultaneously and confidentially submit
their preferred time slots to the Commission. If there are only two
tied, grantable applications, the applicants must select between the
following 12-hour time slots: 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If
there are three tied, grantable applications, each applicant must rank
their preference for the following 8-hour time slots: 2 a.m.-9:59 a.m.,
10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the
applicants to certify that they did not collude with any other
applicants in the selection of time slots. The Commission will give
preference to the applicant that has been local, as defined in
§ 73.7000, for the longest uninterrupted period of time. In the event an
applicant neglects to designate its preferred time slots, staff will
select a time slot for that applicant.
(ii) Groups of more than three tied, grantable applications will not be
eligible for licensing under this section. Where such groups exist, the
Commission will dismiss all but the applications of the three
applicants that have been local, as defined in § 73.7000, for the
longest uninterrupted periods of time. The Commission will then process
the remaining applications as set forth in paragraph (c)(4)(i) of this
section.
(d) Settlements. At any time during this process, the applicants may
advise the Commission that they are negotiating or have reached
settlement, and the Commission will withhold further comparative
processing for a reasonable period upon such notification. Settlement
may include an agreement to share time on the channel voluntarily or
other arrangement in compliance with Commission rules. Parties to a
settlement shall comply with § 73.3525, limiting any monetary payment to
the applicant's reasonable and prudent expenses.
(e) For applications filed after April 21, 2000, an applicant's maximum
qualifications are established at the time of application and will be
reduced for any post-application changes that negatively affect any
evaluation criterion.
(f) For applications filed on or before April 21, 2000, an applicant's
maximum qualifications are established as of the relevant date listed
in paragraph (f)(1), (2), or (3) of this section. After the relevant
date for determining an applicant's maximum points, points will be
reduced for any changes that negatively affect any evaluation
criterion. Applicants will establish their qualifications according to
the following:
(1) If the applicant is in a group for which a “B” cut-off notice
issued prior to April 21, 2000 its maximum non-technical qualifications
are established as of the date by which applicants must supplement
their applications to supply point information, and its maximum
technical qualifications are established as of the date of the “B”
cut-off notice;
(2) If the applicant is in a group for which an “A” cut-off notice
issued prior to April 21, 2000 but for which no “B” cut-off notice
issued, its maximum non-technical qualifications are established as of
the date by which applicants must supplement their applications to
supply point information, and its maximum technical qualifications are
established as of April 21, 2000;
(3) If the applicant was neither placed on an “A” cut-off list prior to
April 21, 2000 nor filed in response to such an “A” cut-off list, it is
subject to competition from applications filed within the first filing
window, and its maximum technical and non-technical qualifications will
be determined as of the close of the first filing window.
[ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001;
85 FR 7891 , Feb. 12, 2020]
Goto Section: 73.7002 | 73.7004
Goto Year: 2020 |
2022
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