§  73.3572   Processing of TV broadcast, Class A TV broadcast, low power TV,
TV translators, and TV booster applications.

   (a) Applications for TV stations are divided into two groups:

   (1) In the first group are applications for new stations or major
   changes in the facilities of authorized stations. A major change for TV
   broadcast stations authorized under this part is any change in
   frequency or community of license which is in accord with a present
   allotment contained in the Table of Allotments (§ 73.606). Other
   requests for change in frequency or community of license for TV
   broadcast stations must first be submitted in the form of a petition
   for rulemaking to amend the Table of Allotments.

   (2) In the case of Class A TV stations authorized under subpart J of
   this part and low power TV, TV translator, and TV booster stations
   authorized under part 74 of this chapter, a major change is any change
   in:

   (i) Frequency (output channel), except a change in offset carrier
   frequency; or

   (ii) Transmitting antenna location where the protected contour
   resulting from the change is not predicted to overlap any portion of
   the protected contour based on the station's authorized facilities.

   (3) Other changes will be considered minor; provided, until October 1,
   2000, proposed changes to the facilities of Class A TV, low power TV,
   TV translator and TV booster stations, other than a change in
   frequency, will be considered minor only if the change(s) will not
   increase the signal range of the Class A TV, low power TV or TV booster
   in any horizontal direction.

   (4) The following provisions apply to displaced Class A TV, low power
   TV, TV translator and TV booster stations:

   (i) In the case of an authorized low power TV, TV translator or TV
   booster which is predicted to cause or receive interference to or from
   an authorized TV broadcast station pursuant to § 74.705 of this chapter
   or interference with broadcast or other services under § 74.703 or
   § 74.709 of this chapter, an application for a change in output channel,
   together with technical modifications which are necessary to avoid
   interference (including a change in antenna location of less than
   16.1km), will not be considered as an application for a major change in
   those facilities.

   (ii) Provided further, that a low power TV, TV translator or TV booster
   station authorized on a channel from channel 52 to 69, or which is
   causing or receiving interference or is predicted to cause or receive
   interference to or from an authorized DTV station pursuant to § 74.706
   of this chapter, or which is located within the distances specified in
   paragraph (4)(iv) of this section to the coordinates of co-channel DTV
   authorizations (or allotment table coordinates if there are no
   authorized facilities at different coordinates), may at any time file a
   displacement relief application for a change in output channel,
   together with any technical modifications which are necessary to avoid
   interference or continue serving the station's protected service area.
   Such an application will not be considered as an application for a
   major change in those facilities. Where such an application is mutually
   exclusive with applications for new low power TV, TV translator or TV
   booster stations, or with other nondisplacement relief applications for
   facilities modifications of Class A TV, low power TV, TV translator or
   TV booster stations, priority will be afforded to the displacement
   application(s) to the exclusion of other applications, provided the
   permittee or licensee had tendered its initial application for a new
   LPTV or TV translator station to operate on channels 52–69 prior to the
   August 2000 filing window.

   (iii) A Class A TV station which is causing or receiving interference
   or is predicted to cause or receive interference to or from an
   authorized TV broadcast station pursuant to § § 73.6011 or 73.613; a DTV
   station or allotment pursuant to § § 73.6013 or 73.623, or which is
   located within the distances specified below in paragraph (iv) of this
   section to the coordinates of co-channel DTV authorizations (or
   allotment table coordinates if there are no authorized facilities at
   different coordinates); or other service that protects and/or is
   protected by Class A TV stations, may at any time file a displacement
   relief application for a change in channel, together with technical
   modifications that are necessary to avoid interference or continue
   serving the station's protected service area, provided the station's
   protected contour resulting from a relocation of the transmitting
   antenna is predicted to overlap some portion of the protected contour
   based on its authorized facilities. A Class A TV station displacement
   relief applications will be considered major change applications, and
   will be placed on public notice for a period of not less than 30 days
   to permit the filing of petitions to deny. However, these applications
   will not be subject to the filing of competing applications. Where a
   Class A displacement relief application becomes mutually exclusive with
   applications for new low power TV, TV translator or TV booster
   stations, or with other non-displacement relief applications for
   facilities modifications of Class A TV, low power TV, TV translator or
   TV booster stations, priority will be afforded to the Class A TV
   displacement relief application(s) to the exclusion of other
   applications. Mutually exclusive displacement relief applications of
   Class A TV, low power TV, TV translators or TV booster stations filed
   on the same day will be subject to competitive bidding procedures if
   the mutual exclusivity is not resolved by an engineering solution.

   (iv)(A) The geographic separations to co-channel DTV facilities or
   allotment reference coordinates, as applicable, within which to qualify
   for displacement relief are the following:

   ( 1 ) Stations on UHF channels: 265 km (162 miles)

   ( 2 ) Stations on VHF channels 2–6: 280 km (171 miles)

   ( 3 ) Stations on VHF channels 7–13: 260 km (159 miles)

   (B) Engineering showings of predicted interference may also be
   submitted to justify the need for displacement relief.

   (v) Provided further, that the FCC may, within 15 days after acceptance
   of any other application for modification of facilities, advise the
   applicant that such application is considered to be one for a major
   change and therefore subject to the provisions of § § 73.3522, 73.3580,
   and 1.1111 of this chapter pertaining to major changes. Such major
   modification applications filed for Class A TV, low power TV, TV
   translator, TV booster stations, and for a non-reserved television
   allotment, are subject to competitive bidding procedures and will be
   dismissed if filed outside a specified filing period. See 47 CFR
   73.5002(a).

   (b) A new file number will be assigned to an application for a new
   station or for major changes in the facilities of an authorized
   station, when it is amended so as to effect a major change, as defined
   in paragraphs (a)(1) or (a)(2) of this section, or result in a
   situation where the original party or parties to the application do not
   retain more than 50% ownership interest in the application as
   originally filed and § 73.3580 will apply to such amended application.
   An application for change in the facilities of any existing station
   will continue to carry the same file number even though (pursuant to
   FCC approval) an assignment of license or transfer of control of such
   licensee or permittee has taken place if, upon consummation, the
   application is amended to reflect the new ownership.

   (c) Amendments to Class A TV, low power TV, TV translator, TV booster
   stations, or non-reserved television applications, which would require
   a new file number pursuant to paragraph (b) of this section, are
   subject to competitive bidding procedures and will be dismissed if
   filed outside a specified filing period. See 47 CFR 73.5002(a). When an
   amendment to an application for a reserved television allotment would
   require a new file number pursuant to paragraph (b) of this section,
   the applicant will have the opportunity to withdraw the amendment at
   any time prior to designation for a hearing if applicable; and may be
   afforded, subject to the discretion of the Administrative Law Judge, an
   opportunity to withdraw the amendment after designation for a hearing.

   (d)(1) The FCC will specify by Public Notice, a period for filing
   applications for new television stations on reserved noncommercial
   educational channels or for major modifications in the facilities of an
   authorized station on reserved channels. TV reserved channel
   applications for new facilities or for major modifications will be
   accepted only during the appropriate filing period or “window.”
   Applications submitted prior to the window opening date identified in
   the Public Notice will be returned as premature. Applications submitted
   after the specified deadline will be dismissed with prejudice as
   untimely. Mutually exclusive applications for reserved channel
   television stations will be resolved using the point system in subpart
   K of this part.

   (2) Concurrently with the filing of a new or major modification
   application for a reserved noncommercial educational channel, the
   applicant shall submit to the FCC's public reference room and to a
   local public inspection file consistent with § 73.3527(e)(2), supporting
   documentation of points claimed, as described in the application form.

   (e) The FCC will specify by Public Notice a period for filing
   applications for a new non-reserved television, low power TV and TV
   translator stations or for major modifications in the facilities of
   such authorized stations, whether for commercial broadcast stations or
   noncommercial educational broadcast stations, as described in 47 U.S.C.
   397(6), and major modifications in the facilities of Class A TV
   stations.

   (f) Applications for minor modification of Class A TV, low power TV, TV
   translator and TV booster stations may be filed at any time, unless
   restricted by the FCC, and will be processed on a
   “first-come/first-served” basis, with the first acceptable application
   cutting off the filing rights of subsequent, competing applicants.
   Provided, however, that applications for minor modifications of Class A
   TV and those of TV broadcast stations may become mutually exclusive
   until grant of a pending Class A TV or TV broadcast minor modification
   application.

   (g) TV booster station applications may be filed at any time.
   Subsequent to filing, the FCC will release a Public Notice accepting
   for filing and proposing for grant those applications which are not
   mutually exclusive with any other TV translator, low power TV, TV
   booster, or Class A TV application, and providing for the filing of
   Petitions To Deny pursuant to § 73.3584.

   [ 63 FR 48626 , Sept. 11, 1998, as amended at  65 FR 30007 , May 10, 2000;
    65 FR 36379 , June 8, 2000;  67 FR 5513 , Feb. 6, 2002;  67 FR 45374 , July
   9, 2002;  68 FR 26227 , May 15, 2003]