Sec. 74.1232  Eligibility and licensing requirements.

    (a) Subject to the restrictions set forth in paragraph (d) of this 
section, a license for an FM broadcast translator station may be issued 
to any qualified individual, organized group of individuals, broadcast 
station licensee, or local civil governmental body, upon an appropriate 
showing that plans for financing the installation and operation of the 
translator are sufficiently sound to assure prompt construction of the 
translator and dependable service.
    (b) More than one FM translator may be licensed to the same 
applicant, whether or not such translators serve substantially the same 
area, upon an appropriate showing of technical need for such additional 
stations. FM translators are not counted as FM stations for the purpose 
of Sec. 73.3555 of this chapter concerning multiple ownership.

    Note: As used in this section need refers to the quality of the 
signal received and not to the programming content, format, or 
transmission needs of an area.

    (c) Only one input and one output channel will be assigned to each 
FM translator. Additional FM translators may be authorized to provide 
additional reception. A separate application is required for each FM 
translator and each application shall be complete in all respects.
    (d) An authorization for an FM translator whose coverage contour 
extends beyond the protected contour of the commercial primary station 
will not be granted to the licensee or permittee of a commercial FM 
radio broadcast station. Similarly, such authorization will not be 
granted to any person or entity having any interest whatsoever, or any 
connection with a primary FM station. Interested and connected parties 
extend to group owners, corporate parents, shareholders, officers, 
directors,

[[Page 483]]

employees, general and limited partners, family members and business 
associates. For the purposes of this paragraph, the protected contour of 
the primary station shall be defined as follows: the predicted 0.5mV/m 
contour for commercial Class B stations, the predicted 0.7 mV/m contour 
for commercial Class B1 stations and the predicted 1 mV/m field strength 
contour for all other FM radio broadcast stations. The contours shall be 
as predicted in accordance with Sec. 73.313(a) through (d) of this 
chapter. In the case of an FM radio broadcast station authorized with 
facilities in excess of those specified by Sec. 73.211 of this chapter, 
a co-owned commercial FM translator will only be authorized within the 
protected contour of the class of station being rebroadcast, as 
predicted on the basis of the maximum powers and heights set forth in 
that section for the applicable class of FM broadcast station concerned. 
An FM translator station in operation prior to March 1, 1991, which is 
owned by a commercial FM (primary) station and whose coverage contour 
extends beyond the protected contour of the primary station, may 
continue to be owned by such primary station until March 1, 1994. 
Thereafter, any such FM translator station must be owned by independent 
parties. An FM translator station in operation prior to June 1, 1991, 
which is owned by a commercial FM radio broadcast station and whose 
coverage contour extends beyond the protected contour of the primary 
station, may continue to be owned by a commercial FM radio broadcast 
station until June 1, 1994. Thereafter, any such FM translator station 
must be owned by independent parties.
    (e) An FM translator station whose coverage contour goes beyond the 
protected contour of the commercial primary station shall not receive 
any support, before or after construction, either directly or 
indirectly, from the commercial primary FM radio broadcast station. Such 
support also may not be received from any person or entity having any 
interest whatsoever, or any connection with the primary FM station. 
Interested and connected parties extend to group owners, corporate 
parents, shareholders, officers, directors, employees, general and 
limited partners, family members and business associates. Such an FM 
translator station may, however, receive technical assistance from the 
primary station to the extent of installing or repairing equipment or 
making adjustments to equipment to assure compliance with the terms of 
the translator station's construction permit and license. FM translator 
stations in operation prior to March 1, 1991 may continue to receive 
contributions or support from the commercial primary station for the 
operation and maintenance of the translator station until March, 1, 
1994. Thereafter, any such FM translator station shall be subject to the 
prohibitions on support contained in this section. Such an FM translator 
station may, however, receive technical assistance from the primary 
station to the extent of installing or repairing equipment or making 
adjustments to equipment to assure compliance with the terms of the 
translator station's construction permit and license. FM translator 
stations in operation prior to June 1, 1991 may continue to receive 
contributions or support from a commercial FM radio broadcast station 
for the operation and maintenance of the translator station until June 
1, 1994. Thereafter, any such FM translator station shall be subject to 
the prohibitions on support contained in this section.

    Note: ``Technical assistance'' refers to actual services provided by 
the primary station's technical staff or compensation for the time and 
services provided by independent engineering personnel. Conversely, such 
support must not include the supply of equipment or direct funding for 
the translator's discretionary use. ``Technical assistance'' must occur 
after the issuance of the translator's construction permit or license in 
order to meet expenses incurred by installing, repairing, or making 
adjustments to equipment.

    (f) An FM broadcast booster station will be authorized only to the 
licensee or permittee of the FM radio broadcast station whose signals 
the booster station will retransmit, to serve areas within the protected 
contour of the primary station, subject to Note, Sec. 74.1231(h) of this 
part.
    (g) No numerical limit is placed upon the number of FM booster 
stations

[[Page 484]]

which may be licensed to a single licensee. A separate application is 
required for each FM booster station. FM broadcast booster stations are 
not counted as FM broadcast stations for the purposes of Sec. 73.5555 of 
this chapter concerning multiple ownership.
    (h) Any authorization for an FM translator station issued to an 
applicant described in paragraphs (d) and (e) of this section will be 
issued subject to the condition that it may be terminated at any time, 
upon not less than sixty (60) days written notice, where the 
circumstances in the community or area served are so altered as to have 
prohibited grant of the application had such circumstances existed at 
the time of its filing.

[ 35 FR 15388 , Oct. 2, 1970, as amended at  43 FR 14660 , Apr. 7, 1978;  52 FR 10571 , Apr. 2, 1987;  52 FR 31406 , Aug. 20, 1987;  55 FR 50696 , Dec. 
10, 1990;  58 FR 42026 , Aug. 6, 1993]