FCC Web Documents citing 73.35
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-97-68A1.pdf
- Greellsoord,NorthCarolina("WWBG");3)LloydB.Roach,Incorporated,licenseeofStationWPWA,Chester, Pennsyivania("WPWA");4)WHTG,Inc.,licenseeofStationWHTG;Eiltontown,NewJersey("WHTG");5) OlgaI.Fernandez,permitteeofStationWflT,.Sabana,P.R.("WJIT");6)DynastarCommunications,Inc.,licensee ofStationWWNR;Beckley,WestVirginia("WWNR");7)RadioPropertyVentures,licenseeofStationKQXI, Arvada,ColoradOC"KQXI");andS)SunriseBroadcastingofNewYork,Inc.,licensee.ofStationWGNY,Newburgh, Ne:.v May'16(1996;PressBroadcasting COlllP"1% "Petitionfor Reconside;htiollmV/mcontourtocalculateitsdaytimeservicearea.See47.C.F.R.§73.35.5 )"Twostations,onewithafrequencytwiceoftheother,shouldnotbeassignedinthesamegroundwaveservice areaunlessspecialprecautionsaretakentoavoidinterferencefromthesecondharmonicofthestationoperatingon thelowerfrequency...."47C.F.R.§73.182(s). ,OrderI. 10FCCRcdat12148("Theserviceareaofastationisthatareaprotectedfrominterferenceandis definedasthe0.5mV/mforruralareasinSection73.182(d)oftherules.");Orderll.11FCCRcdat12448 ("Section73.182(d)oftheCommission'srulesdefines{theSection73.182(s)]serviceareaasthe0.5mV/m contour:'). ,Incontrast,the2.0mV/mprimaryservicecontourspecifiedinSection73.182(d)isnolongerfactoredinto interferenceanalysesinAMapplicationprocessing.AMImprovementOrder,6.FCCRcdat Ithasbeen inhearingstocomparetheareasandpopulationsservedbyfacilitiesproposedincompetingapplications.. 3363 FederalCommunicationsCommission FCC97-68 Moreover,theuseoftwocontourvalues,dependingonthelocationoftheexistingbandstation's transmissionfacilities,wouldlikelyengenderdisputesaboutthelocationandpopulationof particularcommunities,boundariesofunincorporatedareasandsimilarfactually-intensive controversiesthatcouldconsumelimitedstaffresourceswithoutnecessarilyimprovingtheoverall allotmentplan.Finally,ourpreliminaryanalysisindicatesthattheuseoftwocontourvalues wouldnot,toanysignificantextent,permitadditionalExpandedBandAllotments.Forallof thesereasonswebelievethebettercourSeistocontinuetoprotectmigratorstothiscontourand precludesecondharmonicExpandedBandfrequencyassignmentswheretheproposedstation's 0.5mVlmcoritourwouldencompassthetransmittersiteofailauthorized810-850kHzstation. 7.Finally,WGNYproposesthat,ratherthanincorporatingtheharmonicprotection requirementsofSection73.182,weshouldprecludeExpandedBandallotmentsonlywherethe operatingstation's10 mV/mcontouroverlapsanyportionoftheExpandedBandstation's2.0 mV/mcontour.WGNYsubmitsthatitslessrestrictivestandardwouldpromotetheefficientuse oftheExpandedBand.Wedisagree.Theimportanceofmakinginterference-freeExpande.d BandassignmentstipsthebalanceagainstWGNY'spreclusionstandardwhichwouldneedlessly exposesomeExparldedBandstationstosecondharmonicinterference.Wedonotwishto achievethegoalofreducinginterferencetotheexistingbandattheexpenseofincreasingthe potentialforharmonicinterferencetonewExpandedBaildstations.Accordingly,wereject WGNY'spropoSal.6 8.TISStationProtection.WGNYcalculatesthatfederalTISStationKPC712should have--but'didnot--precludeaWGNYallotmenton1620 kHz.Thus,itclaims,aflawed compUterprogramincorrectlycomputedthecoritourseparationsforfederalTISstations.WGNY concludesthattheCommissionmustgenerateanewallotmentlist. 9.Undertheprotectionstandardsdevelopedinthis'proceediI1g,afederalTISstation operatingon1610kHz.wouldprecludeafirstadjacentExpanded.Bandassignmenton1620kHz wherethe TISstationislessthan15kilometersfromtheproposedstation's0.5'rnV/mcontour. OrderJ,10FCCRcdat12148.1BasedonareviewoftheSecondAllotmentPlancomputer program,wehavedetermil1edthatthestaffappliedadifferentpreclusion.standard;calculating ·WGNYalsocontendsthaiapplicationof §73.182(s)itselfis"notlogical"inviewoftherule's.explicit limitationth'!t"theConunission,ingeneral,willnottakethiskindofinterferen.ceintoconsiderationwhen authorizingstations."WGNYmisreadsthissection.Thequotedlanguagereferstoreceiverimageinterference.not Harmonicinterference.Infaci,onoExpandedBandfrequencieswereprecludedonthe.basisofpotentialreceiver .image'interfereilce.'. . , " Westated: informationstationprotectionwillbedefinedbythedistance between BandandfederaltravellersinfOI'mationstatioritransmitter. For'"c'6'-ch,funelapdfirstadjacentchannelprojections,wewillusethedistances
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2152A1.txt
- Title: 21.911 Annual reports. 21.914 Mutually-exclusive MDS applications. PART 73--RADIO BROADCAST SERVICES SUBPART A - AM BROADCAST STATIONS Brief Description: These rules provide for compliance and authorization of AM radio equipment and licenses. Need: These rules prescribe certain technical requirements and procedures for AM broadcast radio services. Legal Basis: 47 U.S.C. §§ 154, 303, 334, 336. Section Number and Title: 73.35 Calculation of improvement factors. 73.151 Field strength measurements to establish performance of directional antennas. 73.152 Modification of directional antenna data. 73.183 Groundwave signals. SUBPART B - FM BROADCAST STATIONS Brief Description: These rules provide for compliance and authorization of FM radio equipment and licenses. Need: These rules prescribe certain technical requirements and procedures for FM broadcast radio services. Legal Basis:
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- Rcd at 13746-47 (citing 47 C.F.R. § 1.3). Waiver Request at 2. 6 R.R.2d 377 (1965) (finding that overlap areas which extend over the ocean beyond any land areas should not be considered sufficient to establish prohibited overlap). 6 R.R.2d 730 (1966). WVGN(FM), Charlotte Amalie, Virgin Islands (Ref. 8920-GDG, MMB Sept. 5, 1991). 62 F.C.C.2d 691 (1976). 47 C.F.R. § 73.35(a) (1975) (proscribing overlap of the 1 mV/m contours of commonly-owned AM stations). Opposition to Waiver Request at 9. Ownership Report and Order, 18 FCC Rcd at 13716. Id. at 13724. See 47 C.F.R. § 73.3555, Note 2(j)(1) (defining such brokered stations as attributable) and 2(j)(3) (requiring certification within the TBA by the brokering station that the agreement complies with the
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- Rcd 2010, 2017 (2008); 2002 Biennial Review Order, 18 FCC Rcd at 13627-45; Review of the Commission's Regulations Governing Television Broadcasting, Memorandum Opinion and Order and Second Order on Reconsideration, 16 FCC Rcd 1067, 1067-68 (2001) (``Local Television Second Recon.); Review of the Commission's Regulations Governing Television Broadcasting, Report and Order, 14 FCC Rcd 12903, 12907 (1999); Amendment of Section 73.35, 73.340 and 73.630 of the Commission's Rule Relating to Multiple Ownership of Standard, FM and TV Broadcast Stations, First Report and Order, 22 F.C.C.2d 306, 307 (1970). The Satellite Home Viewer Extension And Reauthorization Act Of 2004; Study Of Digital Television Field Strength Standards And Testing Procedures, Report to Congress, 20 FCC Rcd 19504, 19507, 19554 (OET/MB 2005) (``SHVERA Report
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300057A1.pdf
- Decisions 2002 Biennial Regulatory Review, 18 FCC Rcd 13620 (2003)...............................................................................10, 11, 12, 14, 17, 22, 25, 34, 38, 44, 49, 69, 70, 77, 84, 92, 93, 94, 95 2006 Quadrennial Regulatory Review, DA 10-1181 (released June 29, 2010)......................................................................66 2010 Quadrennial Regulatory Review Review of the Commission's Broadcast Ownership Rules, FCC 10-92 (May 25, 2010)..........................................................................26 Amendment of Section 73.3555 (formerly 73.35, 73.240, and 73.636) of the Commission's Rules Relating to Multiple Ownership of AM, FM and Television Broadcast Stations, 100 F.C.C.2d 74 (1984).........................................7 Case: 08-3078 Document: 003110223746 Page: 7 Date Filed: 07/21/2010 Page vii Amendment of Section 73.3555 of the Commission's Rules, 4 FCC Rcd 1741 (1989).............................................................8 Amendment of Sections 3.35, 3.240 and 3.636 of the Rules and Regulations relating to
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
- See 1999 Broadcast Attribution Order, 14 FCC Rcd at 1256263. The broadcast attribution rules are detailed in Note 2 of Section 73.3555 of the Commission's rules. See 47 C.F.R. § 73.3555 Note 2. The broadcast attribution rule attributes corporate voting stock interests of five percent or more. See Corporate Ownership Reporting and Disclosure by Broad- cast Licensees, Amendment of Sections 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Report and Order, 97 FCC 2d 997, 1005-06 (1984) (1984 Broadcast Attribution Order), recon. in part, 58 R.R.2d 604 (1985), further recon. granted in part, 1 FCC Rcd 802 (1986); see also 47 C.F.R. § 73.3555 Note 2(a). For specified "passive" institutional
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-438A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-438A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-438A1.txt
- note that we allow passive investors that acquire stock involuntarily, including as a result of the prudent and necessary exercise of foreclosure, to exceed the 20 percent standard without deeming the interest to be attributable for a period of not more than one year. See In the Matter of Corporate Ownership Reporting and Disclosure by Broadcast Licensee; Amendment of Section 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations; Amendment of Section 73.35, 73.240, 73.636 and 76.501 of the Commission's Rules Relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems; and Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-263A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-263A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-263A1.txt
- thresholds that impart the potential to influence or control an entity's programming or managerial decisions). The Commission found that the rationale underlying the 1984 adoption of the broadcast single majority shareholder exemption was appropriate and likewise applicable to cable. See Second Report, 8 FCC Rcd at 8580-81; see also Corporate Ownership Reporting and Disclosure by Broadcast Licensees Amendment of Sections 73.35, 73.240 and 73.6363 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Amendment of Sections 73.35, 73.240 and 76.501 of the Commission's Rules relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems, Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable Television and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-329A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-329A1.txt
- of station owners to provide better quality, more responsive programming.18 The Commission also found that common ownership of local broadcast stations could "lessen the degree of competition for advertising among the alternative media" and that common owners could "use practices [such as special discounts] which exploit [their] advantage over the single station owner."19 On reconsideration, 11 See Amendment of Sections 73.35, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Report and Order, 45 FCC 1476, 1484 (¶ 20) (1964 Decision). 12 Id. at 1476-77 (¶ 2). 13 Id. at 1477 (¶ 3). 14 Id. (internal quotation marks omitted). 15 326 U.S. 1 (1945). 16 1964 Decision, 45 FCC at 1477 (¶
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-38A1.txt
- note that we allow passive investors that acquire stock involuntarily, including as a result of the prudent and necessary exercise of foreclosure, to exceed the 20 percent standard without deeming the interest to be attributable for a period of not more than one year. See In the Matter of Corporate Ownership Reporting and Disclosure by Broadcast Licensee; Amendment of Section 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations; Amendment of Section 73.35, 73.240, 73.636 and 76.501 of the Commission's Rules Relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems; and Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-249A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-249A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-249A1.txt
- (``Local TV Ownership Reconsideration Order''), on appeal, Sinclair, supra note 8. Biennial Regulatory Review 2000, 16 FCC Rcd 1207 (2001). Fox Television, supra note 8. Fox Television, 280 F.3d at 1048, 1053. Id. at 1042. Id at 1043. Id. at 1043-45. Id., 280 F.3d at 1042, 1048. Fox Television, 280 F.3d at 1043, quoting Amendment of Section 73.3555, [formerly Sections 73.35, 73.240, and 73.636] of the Commission's Rules Relating to Multiple Ownership of AM, FM and Television Broadcast Stations, 100 F.C.C.2d 17, 35 (1984) ¶ 53 (``1984 Multiple Ownership Order''). Fox Television, 280 F.3d at 1048-49. Id at 1049. Id. at 1047. Id. at 1042. Id. at 1047. Amendment of Part 76, Subpart J, Section 76.501 of the Commission's Rules and
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-127A1.txt
- localism benefits of relaxing the newspaper-broadcast cross-ownership ban. CFA Comments at 27-28; Fox Comments at 8-9. See Appendix B, National News Sources. Notice, 17 FCC Rcd at 18517 ¶ 36; Amendment of Section 73.3555 of the Commission's Rules, the Broadcast Multiple Ownership Rules, 4 FCC Rcd 1723, 1724 ¶ 7 (1989) (``1989 Multiple Ownership Report and Order''). Amendment of Sections 73.35, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, 45 F.C.C. 1476, 1477 ¶ 3 (1964) (``1964 Media Ownership Report and Order''). See, e.g., 1998 Biennial Regulatory Review - Testing New Technology, 14 FCC Rcd 6065, 6077 ¶ 28 (1999). A review of radio station sales in the past 16 years
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-125A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-125A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-125A1.txt
- we believe that the potential enhancement of broadcast service to the area that government officials have determined to be of primary concern should be accorded significant weight. Therefore, we waive, to the extent indicated below, the AM expanded band major change application filing freeze announced in the AM Freeze Public Notice, AM Auction No. 84 procedures, and Sections 73.30 and 73.35 of the Commission's Rules to permit consideration of applications which would ensure adequate local radio service to this potentially at-risk population. 7. We recognize that our decision to grant review and waive various rules will not advance the interference reduction policies adopted in the AM Improvement Order. These include rules mandating the use of interference reduction criteria to award AM
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-213A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-213A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-213A1.txt
- FCC Rcd 5354, ¶¶ 6-10, 26 (1996); KEOT, Inc., DA 01-0103, ¶ 15 (rel. Jan. 17, 2001); LEO One USA Corp., Order and Authorization, DA 98-238, 13 FCC Rcd 2801, 2808-9, ¶¶ 15-7 (1998); Lester T. Pritchard, Certified Letter, FCC 91-131, 6 FCC Rcd 2210, 2210-21 (1991). See also Corporate Ownership Reporting and Disclosure by Broadcast Licensees; Amendment of Sections 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership Standard, FM, and Television Broadcast Stations; Amendment of Section 73.35, 73.240, 73.636 and 76.501 of the Commission Rules relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems; Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast ,Cable Television, Newspaper
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-216A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-216A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-216A1.txt
- a satellite television station and VHF station when previous three owners were unable to maintain operations due to financial hardship); Multiple Ownership Report and Order, 29 Fed. Red. 7535, 7539 (1964) (adopting Note 4 to 47 C.F.R. § 73.636(a)(1), which creates an exemption to the television duopoly rule for satellite stations because of special financial hardship considerations); Amendment of Sections 73.35, 73.240 and 73.636 of the Commission Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Docket No. 18110, First Report & Order, 22 FCC 2d 306 (1970) (The Commission grandfathered existing AM-FM combinations when it amended the multiple ownership rules ``where a showing was made that establishes the interdependence of the stations and the impracticability of selling
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-219A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-219A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-219A1.txt
- Limits, 8 FCC Rcd 8565, 8568-69, 8577-79 (1993)). See 1999 Cable Attribution Order, 14 FCC Rcd at 19017-18 ¶ 3; 1998 Cable Attribution NPRM, 13 FCC Rcd at 12993 ¶ 4. See also Pub. L. No. 102-385, 106 Stat. 1460 (1992), 47 U.S.C. § 521, et. seq. (1992). See Corporate Ownership Reporting and Disclosure by Broadcast Licensees, Amendment of Sections 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Amendment of Sections 73.35, 73.240, 73.636 and 76.501 of the Commission's Rules Relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems, Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable Television,
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- support this action and I look forward to reviewing the information that it will yield. See, e.g., Statement of Policy on Minority Ownership of Broadcast Facilities, 68 F.C.C.2d 979 (1978) (articulating policies to increase the level of broadcast facility ownership by minorities, including the comparative hearing minority preference, distress sale, and tax certificate policies); Amendment of Section 73.3555 (formerly sections 73.35, 73.240 and 73.636) of the Commission's Rules Relating to Multiple Ownership of AM, FM and Television Broadcast Stations, 100 F.C.C.2d 74, 97 (1985); Policies and Rules Regarding Minority and Female Ownership of Mass Media Facilities, 10 FCC Rcd 2788 (1995); Reexamination of the Policy Statement on Comparative Broadcast Hearings, 12 FCC Rcd 22363, 22399-401 (1997); Implementation of Section 309(j) of
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-4A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-4A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-4A1.txt
- Press v. United States, 326 U.S. 1, 20 (1945); Turner Broadcasting System v. FCC, 520 U.S. 180, 189-190 (1997); Metro Broadcasting Inc. v. FCC, 497 U.S. 547, 566 (1990), overruled in part on other grounds in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995); Nat'l Citizens Committee for Broadcasting v. FCC, 436 U.S. 775, 795 (1978). Amendment of Sections 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Report and Order, 45 F.C.C. 1476, 1477 ¶ 3 (1964). See infra Section VIII. See, e.g., Letter from Javier Palomarez, President & CEO, United States Hispanic Chamber of Commerce, to Marlene Dortch, Secretary, FCC (Dec. 14, 2010) (discussing the Applicants' promise to
- http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.doc http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.pdf http://transition.fcc.gov/Bureaus/Cable/Notices/2001/fcc01263.txt
- thresholds that impart the potential to influence or control an entity's programming or managerial decisions). The Commission found that the rationale underlying the 1984 adoption of the broadcast single majority shareholder exemption was appropriate and likewise applicable to cable. See Second Report, 8 FCC Rcd at 8580-81; see also Corporate Ownership Reporting and Disclosure by Broadcast Licensees Amendment of Sections 73.35, 73.240 and 73.6363 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Amendment of Sections 73.35, 73.240 and 76.501 of the Commission's Rules relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems, Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable Television and
- http://transition.fcc.gov/Bureaus/Mass_Media/Notices/2001/fcc01329.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Notices/2001/fcc01329.txt
- of station owners to provide better quality, more responsive programming.18 The Commission also found that common ownership of local broadcast stations could "lessen the degree of competition for advertising among the alternative media" and that common owners could "use practices [such as special discounts] which exploit [their] advantage over the single station owner."19 On reconsideration, 11 See Amendment of Sections 73.35, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Report and Order, 45 FCC 1476, 1484 (¶ 20) (1964 Decision). 12 Id. at 1476-77 (¶ 2). 13 Id. at 1477 (¶ 3). 14 Id. (internal quotation marks omitted). 15 326 U.S. 1 (1945). 16 1964 Decision, 45 FCC at 1477 (¶
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99209.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99209.txt http://transition.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99209.wp
- the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, MM Docket No. 97- 234, GC Docket No. 92-52, GEN Docket No. 90-264, 13 FCC Rcd 15920, 15993-15996, ¶¶ 186-190 (1998) ("Competitive Bidding First Report and Order"). 25 Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 235 (1995). 26 Report and Order, In the Matter of Amendment of Sections 73.35, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations, Docket No. 14711, 45 FCC 1476, 1476-77 (1964). 8 importance of promoting new entry into the broadcast industry as a means of promoting competition and diversity. Indeed, we have adopted a "new entrant" bidding credit as part of our broadcast auction procedures
- http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
- note that we allow passive investors that acquire stock involuntarily, including as a result of the prudent and necessary exercise of foreclosure, to exceed the 20 percent standard without deeming the interest to be attributable for a period of not more than one year. See In the Matter of Corporate Ownership Reporting and Disclosure by Broadcast Licensee; Amendment of Section 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations; Amendment of Section 73.35, 73.240, 73.636 and 76.501 of the Commission's Rules Relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems; and Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable
- http://transition.fcc.gov/Reports/1934new.pdf http://transition.fcc.gov/Reports/1934new.wp
- provision for existing facilities provided by the First Report and Order adopted March 9, 1977 (docket No. 20548; 42 Fed. Reg. 16145), the exclusion shall not terminate solely by reason of changes made in the technical facilities of the station to improve its service. (2) For purposes of this subsection, the term ''regional concentration rules'' means the provisions of sections 73.35, 73.240, and 73.636 of title 47, Code of Federal Regulations (as in effect June 1, 1983), which prohibit any party from directly or indirectly owning, operating, or controlling three broadcast stations in one or several services where any two of such stations are within 100 miles of the third (measured city-to-city), and where there is a primary service contour overlap
- http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
- C stations. [ [79]AM Classes ] [80]TEXT [81]PDF 73.28 Assignment of stations to channels. [82]TEXT [83]PDF 73.29 Class C stations on regional channels. [ [84]AM Classes ] [85]TEXT [86]PDF 73.30 Petition for authorization of an allotment in the 1605-1705 kHz band. [87]TEXT [88]PDF 73.31 Rounding of nominal power specified on applications. [89]TEXT [90]PDF 73.33 Antenna systems; showing required. [91]TEXT [92]PDF 73.35 Calculation of improvement factors. [93]TEXT [94]PDF 73.37 Applications for broadcast facilities, showing required. [95]TEXT [96]PDF 73.44 AM transmission system emission limitations. [97]TEXT [98]PDF 73.45 AM antenna systems. [99]TEXT [100]PDF 73.49 AM transmission system fencing requirements. [101]TEXT [102]PDF 73.51 Determining operating power. [103]TEXT [104]PDF 73.53 Requirements for authorization of antenna monitors. [105]TEXT [106]PDF 73.54 Antenna resistance and reactance measurements. [107]TEXT [108]PDF
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- thresholds that impart the potential to influence or control an entity's programming or managerial decisions). The Commission found that the rationale underlying the 1984 adoption of the broadcast single majority shareholder exemption was appropriate and likewise applicable to cable. See Second Report, 8 FCC Rcd at 8580-81; see also Corporate Ownership Reporting and Disclosure by Broadcast Licensees Amendment of Sections 73.35, 73.240 and 73.6363 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Amendment of Sections 73.35, 73.240 and 76.501 of the Commission's Rules relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems, Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable Television and
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref02.pdf
- Memphis 66.05 66.80 66.80 66.80 66.80 66.80 67.12 67.12 63.62 66.82 66.91 66.92 Tennessee Nashville 63.12 63.62 63.62 63.62 63.62 63.62 63.62 63.62 68.37 63.33 63.33 63.33 Texas Brownsville 71.04 67.81 67.17 67.17 64.57 69.00 69.00 68.99 69.45 69.45 69.45 69.45 Texas Corpus Christi 72.16 69.31 72.32 72.64 69.45 69.29 69.34 70.72 64.27 64.35 64.35 64.35 Texas Dallas 73.07 73.60 73.35 73.64 70.91 70.91 70.61 68.82 64.57 70.80 70.80 70.80 Texas Fort Worth 72.42 69.13 72.75 73.14 70.09 70.21 69.75 67.87 70.28 70.87 70.87 70.87 Texas Houston 72.78 73.67 73.57 73.74 70.89 70.93 69.18 70.32 71.20 64.57 64.57 64.57 Texas San Antonio 71.72 68.47 72.10 71.97 69.45 69.34 68.78 68.78 70.72 64.27 64.27 64.27 Utah Logan 70.49 53.13 53.13 53.13 53.06
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref03.pdf
- 66.80 66.80 66.80 67.12 67.12 63.62 66.82 66.91 66.65 66.74 Tennessee Nashville 63.12 63.62 63.62 63.62 63.62 63.62 63.62 63.62 68.37 63.33 63.33 63.33 63.47 Texas Brownsville 71.04 67.81 67.17 67.17 64.57 69.00 69.00 68.99 69.45 69.45 69.45 69.45 64.57 Texas Corpus Christi 72.16 69.31 72.32 72.64 69.45 69.29 69.34 70.72 64.27 64.35 64.35 64.35 64.35 Texas Dallas 73.07 73.60 73.35 73.64 70.91 70.91 70.61 68.82 64.57 70.80 70.80 70.80 64.57 Texas Fort Worth 72.42 69.13 72.75 73.14 70.09 70.21 69.75 67.87 70.28 70.87 70.87 70.87 64.57 Texas Houston 72.78 73.67 73.57 73.74 70.89 70.93 69.18 70.32 71.20 64.57 64.57 64.57 64.57 Texas San Antonio 71.72 68.47 72.10 71.97 69.45 69.34 68.78 68.78 70.72 64.27 64.27 64.27 64.35 Utah Logan 70.49
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref98.pdf
- 35.60 35.60 35.60 35.60 Tennessee Memphis 66.05 66.80 66.80 66.80 66.80 66.80 67.12 67.12 Tennessee Nashville 63.12 63.62 63.62 63.62 63.62 63.62 63.62 63.62 Texas San Antonio 71.72 68.47 72.10 71.97 69.45 69.34 68.78 68.78 Texas Houston 72.78 73.67 73.57 73.74 70.89 70.93 69.18 70.32 Texas Fort Worth 72.42 69.13 72.75 73.14 70.09 70.21 69.75 67.87 Texas Dallas 73.07 73.60 73.35 73.64 70.91 70.91 70.61 68.82 Texas Corpus Christi 72.16 69.31 72.32 72.64 69.45 69.29 69.34 70.72 Texas Brownsville 71.04 67.81 67.17 67.17 64.57 69.00 69.00 68.99 Utah Logan 70.49 53.13 53.13 53.13 53.06 53.06 53.06 53.00 Virginia Richmond 64.00 64.00 64.00 64.00 64.00 64.00 64.00 64.00 Virginia Smithfield 29.25 29.25 29.25 29.25 29.25 29.25 29.25 29.25 Washington Everett 60.18 41.24
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/ref99.pdf
- Memphis 66.05 66.80 66.80 66.80 66.80 66.80 67.12 67.12 67.12 Tennessee Nashville 63.12 63.62 63.62 63.62 63.62 63.62 63.62 63.62 63.62 Texas San Antonio 71.72 68.47 72.10 71.97 69.45 69.34 68.78 68.78 68.37 Texas Houston 72.78 73.67 73.57 73.74 70.89 70.93 69.18 70.32 70.72 Texas Fort Worth 72.42 69.13 72.75 73.14 70.09 70.21 69.75 67.87 68.20 Texas Dallas 73.07 73.60 73.35 73.64 70.91 70.91 70.61 68.82 70.28 Texas Corpus Christi 72.16 69.31 72.32 72.64 69.45 69.29 69.34 70.72 68.57 Texas Brownsville 71.04 67.81 67.17 67.17 64.57 69.00 69.00 68.99 68.57 Utah Logan 70.49 53.13 53.13 53.13 53.06 53.06 53.06 53.00 53.00 Virginia Richmond 64.00 64.00 64.00 64.00 64.00 64.00 64.00 64.00 64.00 Virginia Smithfield 29.25 29.25 29.25 29.25 29.25 29.25 29.25
- http://www.fcc.gov/Bureaus/Mass_Media/Notices/2001/fcc01329.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/2001/fcc01329.txt
- of station owners to provide better quality, more responsive programming.18 The Commission also found that common ownership of local broadcast stations could "lessen the degree of competition for advertising among the alternative media" and that common owners could "use practices [such as special discounts] which exploit [their] advantage over the single station owner."19 On reconsideration, 11 See Amendment of Sections 73.35, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, Report and Order, 45 FCC 1476, 1484 (¶ 20) (1964 Decision). 12 Id. at 1476-77 (¶ 2). 13 Id. at 1477 (¶ 3). 14 Id. (internal quotation marks omitted). 15 326 U.S. 1 (1945). 16 1964 Decision, 45 FCC at 1477 (¶
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99209.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99209.txt http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99209.wp
- the Commission's Comparative Hearing Process to Expedite the Resolution of Cases, MM Docket No. 97- 234, GC Docket No. 92-52, GEN Docket No. 90-264, 13 FCC Rcd 15920, 15993-15996, ¶¶ 186-190 (1998) ("Competitive Bidding First Report and Order"). 25 Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 235 (1995). 26 Report and Order, In the Matter of Amendment of Sections 73.35, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations, Docket No. 14711, 45 FCC 1476, 1476-77 (1964). 8 importance of promoting new entry into the broadcast industry as a means of promoting competition and diversity. Indeed, we have adopted a "new entrant" bidding credit as part of our broadcast auction procedures
- http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00438.txt
- note that we allow passive investors that acquire stock involuntarily, including as a result of the prudent and necessary exercise of foreclosure, to exceed the 20 percent standard without deeming the interest to be attributable for a period of not more than one year. See In the Matter of Corporate Ownership Reporting and Disclosure by Broadcast Licensee; Amendment of Section 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations; Amendment of Section 73.35, 73.240, 73.636 and 76.501 of the Commission's Rules Relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems; and Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable
- http://www.fcc.gov/DiversityFAC/030929/RiveraReport.doc
- system. Hence this program makes cable television ownership feasible for a larger number of minority-owned firms. APPENDIX A Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of: ) ) Amendment of the Commission's Rules ) relating to its Distress Sale ) Policy; Merger Policy; Deferred ) Capital Gains Treatment; Financing; ) File No._ ___________ Multiple Ownership Sections (73.35, ) 73.240, and 73.636): Procedures on ) Transfer and Assignment Applica- ) tions Section 73.3597): and ) Minority Ownership of Common ) Carrier Facilities ) To: The Commission PETITION FOR RULEMAKING ON MINORITY OWNERSHIP The National Association of Black Owned Broadcasters ("NABOB"), through counsel, pursuant to Section 1.401 of the Commission's Rules, hereby petitions the Federal Communications Commission (``FCC'' or
- http://www.fcc.gov/fcc-bin/audio/DA-10-312A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-312A1.pdf
- Rcd 2010, 2017 (2008); 2002 Biennial Review Order, 18 FCC Rcd at 13627-45; Review of the Commission's Regulations Governing Television Broadcasting, Memorandum Opinion and Order and Second Order on Reconsideration, 16 FCC Rcd 1067, 1067-68 (2001) (``Local Television Second Recon.); Review of the Commission's Regulations Governing Television Broadcasting, Report and Order, 14 FCC Rcd 12903, 12907 (1999); Amendment of Section 73.35, 73.340 and 73.630 of the Commission's Rule Relating to Multiple Ownership of Standard, FM and TV Broadcast Stations, First Report and Order, 22 F.C.C.2d 306, 307 (1970). The Satellite Home Viewer Extension And Reauthorization Act Of 2004; Study Of Digital Television Field Strength Standards And Testing Procedures, Report to Congress, 20 FCC Rcd 19504, 19507, 19554 (OET/MB 2005) (``SHVERA Report
- http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-438A1.txt
- note that we allow passive investors that acquire stock involuntarily, including as a result of the prudent and necessary exercise of foreclosure, to exceed the 20 percent standard without deeming the interest to be attributable for a period of not more than one year. See In the Matter of Corporate Ownership Reporting and Disclosure by Broadcast Licensee; Amendment of Section 73.35, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations; Amendment of Section 73.35, 73.240, 73.636 and 76.501 of the Commission's Rules Relating to Multiple Ownership of AM, FM, and Television Stations and CATV Systems; and Reexamination of the Commission's Rules and Policies Regarding the Attribution of Ownership Interests in Broadcast, Cable
- http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
- localism benefits of relaxing the newspaper-broadcast cross-ownership ban. CFA Comments at 27-28; Fox Comments at 8-9. See Appendix B, National News Sources. Notice, 17 FCC Rcd at 18517 ¶ 36; Amendment of Section 73.3555 of the Commission's Rules, the Broadcast Multiple Ownership Rules, 4 FCC Rcd 1723, 1724 ¶ 7 (1989) (``1989 Multiple Ownership Report and Order''). Amendment of Sections 73.35, 73.240, and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, 45 F.C.C. 1476, 1477 ¶ 3 (1964) (``1964 Media Ownership Report and Order''). See, e.g., 1998 Biennial Regulatory Review - Testing New Technology, 14 FCC Rcd 6065, 6077 ¶ 28 (1999). A review of radio station sales in the past 16 years
- http://www.fcc.gov/fcc-bin/audio/FCC-06-125A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-125A1.pdf
- we believe that the potential enhancement of broadcast service to the area that government officials have determined to be of primary concern should be accorded significant weight. Therefore, we waive, to the extent indicated below, the AM expanded band major change application filing freeze announced in the AM Freeze Public Notice, AM Auction No. 84 procedures, and Sections 73.30 and 73.35 of the Commission's Rules to permit consideration of applications which would ensure adequate local radio service to this potentially at-risk population. 7. We recognize that our decision to grant review and waive various rules will not advance the interference reduction policies adopted in the AM Improvement Order. These include rules mandating the use of interference reduction criteria to award AM
- http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/96-113.doc http://www.fcc.gov/ftp/Bureaus/Mass_Media/Databases/documents_collection/96-113.pdf
- the improvement factor, the greater the reduction in interference in the existing band if the station causing the interference migrates to the expanded band. Improvement factors relate to both nighttime and daytime interference conditions and the ratio used to calculate a station's improvement factor consists of two separate additive components, one for nighttime and one for daytime. See 47 C.F.R. 73.35. The Commission requires all licensees to maintain a minimum operating schedule. See 47 C.F.R. Section 73.1740. WGNY argues that the Commission accorded federal travellers information stations co-primary status on a permanent basis "without the slightest indication that this co-primary status is only temporary." WGNY clearly misreads our intention. In footnote 3 of the Order, the Commission specifically limited the protection
- http://www.fcc.gov/mb/audio/bickel/amfmrule.html
- C stations. [ [79]AM Classes ] [80]TEXT [81]PDF 73.28 Assignment of stations to channels. [82]TEXT [83]PDF 73.29 Class C stations on regional channels. [ [84]AM Classes ] [85]TEXT [86]PDF 73.30 Petition for authorization of an allotment in the 1605-1705 kHz band. [87]TEXT [88]PDF 73.31 Rounding of nominal power specified on applications. [89]TEXT [90]PDF 73.33 Antenna systems; showing required. [91]TEXT [92]PDF 73.35 Calculation of improvement factors. [93]TEXT [94]PDF 73.37 Applications for broadcast facilities, showing required. [95]TEXT [96]PDF 73.44 AM transmission system emission limitations. [97]TEXT [98]PDF 73.45 AM antenna systems. [99]TEXT [100]PDF 73.49 AM transmission system fencing requirements. [101]TEXT [102]PDF 73.51 Determining operating power. [103]TEXT [104]PDF 73.53 Requirements for authorization of antenna monitors. [105]TEXT [106]PDF 73.54 Antenna resistance and reactance measurements. [107]TEXT [108]PDF
- http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
- C stations. [ [32]AM Classes ] [33]TEXT [34]PDF 73.28 Assignment of stations to channels. [35]TEXT [36]PDF 73.29 Class C stations on regional channels. [ [37]AM Classes ] [38]TEXT [39]PDF 73.30 Petition for authorization of an allotment in the 1605-1705 kHz band. [40]TEXT [41]PDF 73.31 Rounding of nominal power specified on applications. [42]TEXT [43]PDF 73.33 Antenna systems; showing required. [44]TEXT [45]PDF 73.35 Calculation of improvement factors. [46]TEXT [47]PDF 73.37 Applications for broadcast facilities, showing required. [48]TEXT [49]PDF 73.44 AM transmission system emission limitations. [50]TEXT [51]PDF 73.45 AM antenna systems. [52]TEXT [53]PDF 73.49 AM transmission system fencing requirements. [54]TEXT [55]PDF 73.51 Determining operating power. [56]TEXT [57]PDF 73.53 Requirements for authorization of antenna monitors. [58]TEXT [59]PDF 73.54 Antenna resistance and reactance measurements. [60]TEXT [61]PDF
- http://www.fcc.gov/ogc/documents/opinions/2004/03-3388-062404.pdf
- 1956. See United States v. Storer Broad. Co., 351 U.S. 192 (1956). In the 1970s the Commission adopted its first cross-ownership bans, which prohibited, on a prospective basis, the common ownership of television and radio stations serving the same market, as well as combinations of radio or broadcast stations with a daily newspaper in the same community. Amendment of Sections 73.35, 73.240 and 73.636 of the Commission Rules Relating to Multiple Ownership of Standard, FM and Television Broadcast Stations, 22 F.C.C.2d 306, ¶ 5 (1970); Amendment of Sections 73.34, 73.240 and 73.636 of the Commission's Rules Relating to Multiple Ownership of Standard, FM, and Television Broadcast Stations, 50 F.C.C.2d 1046 (1975). The Supreme Court upheld the newspaper/broadcast cross- 4VHF (Very High