Goto Section: 73.7004 | 73.8000 | Table of Contents
FCC 73.7005
Revised as of September 1, 2021
Goto Year:2020 |
2022
§ 73.7005 Maintenance of comparative qualifications.
(a) Assignments/Transfers. NCE stations awarded by use of the point
system in § 73.7003 shall be subject to a holding period. From the grant
of the construction permit and continuing until the facility has
achieved four years of on-air operations, an applicant proposing to
assign or transfer the construction permit/license to another party
will be required to demonstrate the following two factors: that the
proposed buyer would qualify for the same number of or greater points
as the assignor or transferor originally received; and that
consideration received and/or promised does not exceed the assignor's
or transferor's legitimate and prudent expenses. For purposes of this
section, legitimate and prudent expenses are those expenses reasonably
incurred by the assignor or transferor in obtaining and constructing
the station (e.g., expenses in preparing an application, in obtaining
and installing broadcast equipment to be assigned or transferred,
etc.). Costs incurred in operating the station are not recoverable
(e.g., rent, salaries, utilities, music licensing fees, etc.). Any
successive applicants proposing to assign or transfer the construction
permit/license prior to the end of the aforementioned holding period
will be required to make the same demonstrations.
(b) Technical. In accordance with the provisions of § 73.7002, for a
period of four years of on-air operations, an NCE FM applicant
receiving a decisive preference for fair distribution of service is
required to construct and operate technical facilities substantially as
proposed. During this period, such applicant may make minor
modifications to its authorized facilities, provided that either:
(1) The modification does not downgrade service to the area on which
the preference was based; or
(2) Any potential loss of first and second NCE service is offset by at
least equal first and, separately, combined first and second NCE
service population gain(s).
(c) Point system criteria. Any applicant selected based on the point
system (§ 73.7003) must maintain the characteristics for which it
received points for a period of time commencing with the grant of the
construction permit and continuing until the station has achieved at
least four years of on-air operations. During this time, any applicant
receiving points for diversity of ownership (§ 73.7003(b)(2)) and
selected through the point system, is prohibited from:
(1) Acquiring any commercial or noncommercial AM, FM, or non-fill-in FM
translator station which would overlap the principal community (city
grade) contour of its NCE FM station received through the award of
diversity points;
(2) Acquiring any UHF, VHF, or Class A television station which would
overlap the principal community (city grade) contour of its NCE
television station received through the award of diversity points;
(3) Proposing any modification to its NCE FM station received through
the award of diversity points which would create overlap of the
principal community (city grade) contour of such station with any
attributable authorized commercial or noncommercial AM, FM, or
non-fill-in FM translator station;
(4) Proposing any modification to its NCE television station received
through the award of diversity points which would create overlap of the
principal community (city grade) contour of such station with any
attributable authorized UHF, VHF, or Class A television station;
(5) Proposing modifications to any attributable commercial or
noncommercial AM, FM, or non-fill-in FM translator station which would
create overlap with the principal community (city grade) contour of its
NCE FM station received through the award of diversity points; and
(6) Proposing modifications to any attributable UHF, VHF, or Class A
television station which would create overlap with the principal
community (city grade) contour of its NCE television station received
through the award of diversity points. This restriction applies to the
applicant itself, any parties to the application, and any party that
acquires an attributable interest in the permittee or licensee during
this time period.
(d) Non-comparative permits. The holding period in this section 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.
[ 65 FR 36380 , June 8, 2000, as amended at 85 FR 7891 , Feb. 12, 2020]
Subpart L—Incorporated Standards
Source: 76 FR 62642 , Oct. 11, 2011, unless otherwise noted.
Goto Section: 73.7004 | 73.8000
Goto Year: 2020 |
2022
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