Sec. 1.1622  Preferences.

    (a) Any applicant desiring a perference in the random selection 
shall so indicate as part of its application. Such an applicant shall 
list any owner who owns all or part of a medium of mass communications 
or who is a member of a minority group, together with a precise 
identification of the ownership interest held in such medium of mass 
communications or name of the minority group, respectively. Such an 
applicant shall also state whether more than 50% of the ownership 
interests in it are held by members of minority groups and the number of 
media of mass communications more than 50% of whose ownership interests 
are held by the applicant and/or its owners.
    (b) Preference factors as incorporated in the percentage 
calculations in Sec. 1.1623, shall be granted as follows:
    (1) Applicants, more than 50% of whose ownership interests are held 
by members of minority groups--2:1.
    (2) Applicants whose owners in the aggregate hold more than 50% of 
the ownership interests in no other media of mass communications--2:1.
    (3) Applicants whose owners in the aggregate hold more than 50% of 
the ownership interest in one, two or three other media of mass 
communications--1.5:1.
    (c) Applicants may receive preferences pursuant to Sec. 1.1622(b)(1) 
and either Sec. 1.1622 (b)(2) or (b)(3).
    (d) Preferences will be determined on the basis of ownership 
interests as of the date of release of the latest Public Notice 
announcing the acceptance of the last-filed mutually exclusive 
application.
    (e) No preferences pursuant to Sec. 1.1622 (b)(2) or (b)(3) shall be 
granted to any LPTV or MDS applicant whose owners, when aggregated, have 
an ownership interest of more than 50 percent in the following media of 
mass communications, if the service areas of those media as described 
herein wholly encompass or are encompassed by the protected predicted 
contour, computed in accordance with Sec. 74.707(a), of the low power TV 
or TV translator station for which the license or permit is sought, or 
computed in accordance with Sec. 21.902(d), of the MDS station for which 
the license or permit is sought.
    (1) AM broadcast station--predicted or measured 2 mV/m groundwave 
contour, computed in accordance with Sec. 73.183 or Sec. 73.186;
    (2) FM broadcast station--predicted 1 mV/m contour, computed in 
accordance with Sec. 73.313;
    (3) TV broadcast station--Grade A contour, computed in accordance 
with Sec. 73.684;
    (4) Low power TV or TV translator station--protected predicted 
contour, computed in accordance with Sec. 74.707(a);
    (5) Cable television system franchise area, nor will the diversity 
preference be available to applicants whose proposed transmitter site is 
located within the franchise area of a cable system in which its owners, 
in the aggregate, have an ownership interest of more than 50 percent.
    (6) Daily newspaper community of publication, nor will the diversity 
preference be available to applicants whose proposed transmitter site is 
located within the community of publication of a daily newspaper in 
which its owners, in the aggregate, have an ownership interest of more 
than 50 percent.
    (7) Multipoint Distribution Service--station service area, computed 
in accordance with Sec. 21.902(d).
[48 1997 FR 27202 , June 13, 1983, as amended at  50 FR 5992 , Feb. 13, 1985;  50 FR 11161 , Mar. 20, 1985]