Sec. 73.3550  Requests for new or modified call sign assignments.

    (a) Requests for new or modified call sign assignments for broadcast 
stations shall be made by letter to the Secretary, FCC, Washington, DC 
20554. An original and one copy of the letter shall be submitted. 
Incomplete or otherwise defective filings will be returned by the FCC. 
As many as five call sign choices, listed in decending order of 
preference, may be included in a single request. A call sign may not be 
reserved.
    (b) No request for a new call sign assignment will be accepted from 
an applicant for a new station until the FCC has granted a construction 
permit. Failure by the permittee of a new station to request the 
assignment of a specific call sign within 30 days of grant of the 
construction permit will result in the FCC, on its own motion, assigning 
an appropriate call sign. All initial construction permits for low power 
TV stations will be issued with a five-character low power TV call sign.
    (c) An applicant for transfer or assignment of an outstanding 
construction permit or license may, in accordance with this section, 
request a new call sign assignment at the time the application for 
transfer or assignment is filed, or at any time thereafter. In the 
absence of written consent of the proposed transferor or assignor, no 
change in call sign assignment will be made effective until such 
application is granted by the FCC and the transaction consummated.
    (d) Where an application is granted by the FCC for transfer or 
assignment of the construction permit or license of a station whose 
existing call sign conforms to that of a commonly owned station not part 
of the transaction, the licensee shall, within 30 days after 
consummation, request a different call sign or submit a statement of 
written consent to retain the conforming call sign from the existing 
owner and the licensee of any other station that may be using the 
station's call sign. In such cases, should a suitable application or 
proper consent statement not be submitted within that period of time, 
the FCC will, on its own motion, select an appropriate call sign and 
effect the change in call sign assignment.
    (e) Call signs beginning with the letter ``K'' will not be assigned 
to stations located east of the Mississippi River, nor will call signs 
beginning with the letter ``W'' be assigned to stations located west of 
the Mississippi River.
    (f) Only four-letter call signs (plus an LP suffix or FM or TV 
suffixes, if used) will be assigned. However, subject to the other 
provisions of this section, a call sign of a station may be conformed to 
a commonly owned station holding a three-letter call assignment (plus 
FM, TV or LP suffixes, if used).
    (g) Subject to the foregoing limitations, applicants may request 
call signs of their choice if the combination is available. Objections 
to the assignment of requested call signs will not be entertained at the 
FCC. However, this does not hamper any party from asserting such rights 
as it may have under private law in some other forum. Should it be 
determined by an appropriate forum that a station should not utilize a 
particular call sign, the initial assignment of a call sign will not 
serve as a bar to the making of a different assignment.
    (h) Call signs are assigned on a ``first-come-first-served'' basis. 
Receipt by

[[Page 328]]

the FCC of a request for an available call sign blocks the acceptance of 
competing requests until the first received request is processed to 
completion. In the case of requests for the same call sign being 
received on the same date at the FCC, the assignment (if otherwise 
grantable) will be made to the station having the longest continuous 
record of broadcasting operation under substantially unchanged ownership 
and control. However, involuntary and pro forma assignments will not be 
taken into account in determining priority. If a low-power TV operator 
and an AM, FM or full-power TV operator apply for the same call sign on 
the same date at the FCC, the AM, FM or full-power TV operator will 
prevail.

    Note: The provisions of paragraph (h) of this section shall not 
apply to a licensee requesting a transfer to another frequency where the 
existing and new facilities serve substantially the same area (i.e., 
where at least one of the stations serves both communities of license).

    (i) Stations in different broadcast services (or operating jointly 
in the 535-1605 kHz band and in the 1605-1705 kHz band) which are under 
common control may request that their call signs be conformed by the 
assignment of the same basic call sign if that call sign is not being 
used by a non-commonly owned station. For the purposes of this 
paragraph, 50% or greater common ownership shall constitute a prima 
facie showing of common control.
    (j) The provisions of this section shall not apply to International 
broadcast stations, to stations authorized under Part 74 of the rules 
(except as provided in Sec. 74.783 of this chapter), nor to FM or TV 
stations seeking to modify an existing call sign only to the extent of 
adding or deleting an ``-FM'' or ``-TV'' suffix. The latter additions 
and deletions may be effective upon notification to the Commission.
    (k) Unless subject to a pending transfer or assignment application, 
a change in call sign assignment will be made effective on the date 
specified in the telegram authorizing the change. In this regard, the 
applicant may include with its application a request for a specific 
effective date to take place within 45 days of the submission of its 
application for a call sign. Postponement of the effective date will be 
granted only in response to a timely request and for only the most 
compelling reasons.
    (l) Four-letter combinations commencing with ``W'' or ``K'' which 
are assigned as call signs to ships or to other radio services are not 
available for assignment to broadcast stations, with or without the ``-
FM'' or ``-TV'' suffix.
    (m) Users of nonlicensed, low-power devices operating under Part 15 
of the FCC rules may use whatever identification is currently desired, 
so long as propriety is observed and no confusion results with a station 
for which the FCC issues a license.
    (n) Where a requested call sign, without the ``-FM,'' ``-TV'' or ``-
LP'' suffix, would conform to the call sign of any other non-commonly 
owned station(s) operating in a different service, the applicant must 
obtain and submit with the application for the call sign the written 
consent of the licensee(s) of such stations.

[ 48 FR 57136 , Dec. 28, 1983, as amended at  52 FR 5295 , Feb. 20, 1987;  52 FR 43079 , Nov. 9, 1987;  56 FR 64873 , Dec. 12, 1991;  59 FR 31556 , June 
20, 1994]