§  73.702   Assignment and use of frequencies.

   (a) Frequencies will be assigned by the Commission prior to the start
   of each season to authorized international broadcasting stations for
   use during the season at specified hours and for transmission to
   specified zones or areas of reception, with specified power and antenna
   bearing. Six months prior to the start of each season, licensees and
   permittees shall by informal written request, submitted to the
   Commission in triplicate, indicate for the season the frequency or
   frequencies desired for transmission to each zone or area of reception
   specified in the license or permit, the specific hours during which it
   desires to transmit to such zones or areas on each frequency, and the
   power, antenna gain, and antenna bearing it desires to use. Requests
   will be honored to the extent that interference and propagation
   conditions permit and that they are otherwise in accordance with the
   provisions of this section.

   (b) After necessary processing of the requests required by paragraph
   (a) of this section, the Commission will notify each licensee and
   permittee of the frequencies, hours of use thereof to specified zones
   or areas of reception, power, and antenna bearing which it intends to
   authorize for the season in question. After receipt of such
   notification, the licensee or permittee shall, in writing, not later
   than two months before the start of the season in question, inform the
   Commission either that it plans to operate in accordance with the
   authorization which the Commission intends to issue, or that it plans
   to operate in another manner. If the licensee or permittee indicates
   that it plans to operate in another manner, it shall furnish
   explanatory details.

   (c) If after submitting the request required under the provisions of
   paragraph (a) of this section, but before receipt of the Commission's
   notification referred to in paragraph (b) of this section, the licensee
   or permittee submits a request for changes of its original request,
   such requests will be accepted for consideration only if accompanied by
   statements showing good cause therefor and will be honored only if
   conditions permit. If the information required to be submitted by the
   licensee or permittee under the provisions of paragraph (b) of this
   section indicates that operation in another manner is contemplated, and
   the explanatory details contain a request for change in the originally
   proposed manner of operation, such requests will be accepted for
   consideration only if accompanied by statements showing good cause
   therefor and will be honored only if conditions permit. If after the
   licensee or permittee submits the information required under the
   provisions of paragraph (b) of this section, but before the start of
   the season in question, the licensee or permittee submits a request for
   changes in its manner of operation for the season in question, the
   request will be accepted for consideration only if accompanied by
   statements showing good cause therefor and will be honored only if
   conditions permit. If after the start of a season the licensee or
   permittee submits a request for changes in the manner of operation as
   authorized, the request will be considered only if accompanied by
   statements showing good cause therefor, and will be honored only if
   conditions permit.

   (d) The provisions of paragraphs (a), (b), and (c) of the section shall
   apply to licensees, to permittees operating under program test
   authority, and to permittees who anticipate applying for and receiving
   program test authority for operation during the specified season.

   Note: Permittees who during the process of construction wish to engage
   in equipment tests shall by informal written request, submitted to the
   Commission in triplicate not less than 30 days before they desire to
   begin such testing, indicate the frequencies they desire to use for
   testing and the hours they desire to use those frequencies. No
   equipment testing shall occur until the Commission has authorized
   frequencies and hours for such testing. Such authorizations shall be
   only for one season, and if it is desired to continue equipment testing
   in a following season, new requests for frequencies and hours must be
   submitted at least 30 days before it is desired to begin testing in the
   following season.

   (e) Within 14 days after the end of each season, a report shall be
   filed with the Commission by each licensee or permittee operating under
   program test authority who has been issued a seasonal schedule for that
   season. The report shall state whether the licensee or permittee has
   operated the number of frequency-hours authorized by the seasonal
   schedule to each of the zones or areas of reception specified in the
   schedule. If such operation has not occurred, a detailed explanation of
   that fact shall also be submitted which includes specific dates,
   frequency-hours not used, and reasons for the failure to operate as
   authorized. The report shall also contain information that has been
   received by the licensee or permittee as to reception or interference,
   and conclusions with regard to propagation characteristics of
   frequencies that were assigned for the season in question.

   (f) Exclusive allocations. Where practical, assigned frequencies shall
   be within the following bands, which are allocated to the broadcasting
   service on a primary and exclusive basis:

   (1) Worldwide allocations. In the ITU Radio Regulations , the following
   bands are allocated to the broadcasting service on a primary and
   exclusive basis throughout the world: 5900–6200 kHz, 7300–7350 kHz,
   9400–9900 kHz, 11600–12100 kHz, 13570–13870 kHz, 15100–15800 kHz,
   17480–17900 kHz, 18900–19020 kHz, 21450–21850 kHz, and 25670–26100 kHz.

   (2) Regional allocation. The band 7200–7300 kHz is allocated to the
   broadcasting service on a primary and exclusive basis in Region 1 and
   Region 3.

   Note to(f)(2): For the allocation of frequencies, the ITU has divided
   the world into three Regions, which are defined in 47 CFR 2.104(b). The
   bands 7100–7300 kHz and 7400–7450 kHz are not allocated to the
   broadcasting service in Region 2.

   (g) Co-primary allocations. Frequencies may also be assigned from
   within the following bands, which are allocated on a primary, but not
   exclusive, basis to the broadcasting service:

   (1) Worldwide allocations. Until March 29, 2009, the band 7350–7400 kHz
   is allocated to the broadcasting and fixed services on a co-primary
   basis throughout the world. After March 29, 2009, the band 7350–7400
   kHz is allocated to the broadcasting service on an exclusive basis
   throughout the world, except in the countries listed in 47 CFR 2.106,
   footnote 5.143C where the band 7350–7400 kHz continues to be allocated
   to the broadcasting and fixed services on a co-primary basis.

   (2) Regional allocations. (i) Until March 29, 2009, the band 7100–7200
   kHz is allocated to the amateur and broadcasting services on a
   co-primary basis in Region 1 and Region 3; however, during this
   transition period, the use of the band 7100–7200 kHz by the amateur
   service shall not impose constraints on the broadcasting service
   intended for use within Region 1 and Region 3. Where practical,
   requests for frequency assignments in the band 7100–7200 kHz shall be
   satisfied within the band 7200–7350 kHz. After March 29, 2009, the band
   7100–7200 kHz is no longer allocated to the broadcasting service.

   (ii) Until March 29, 2009, the band 7400–7450 kHz is allocated to the
   broadcasting service on a co-primary basis with the fixed service in
   Region 1 and Region 3. After March 29, 2009, the band 7400–7450 kHz is
   allocated on an exclusive basis to the broadcasting service in Region 1
   and Region 3, except in the countries listed in 47 CFR 2.106, footnote
   5.143C where the band 7400–7450 kHz continues to be allocated to the
   broadcasting and fixed services on a co-primary basis.

   (h) Requirements for Regional operation. (1) Frequency assignments in
   the bands 7100–7300 kHz (7200–7300 kHz after March 29, 2009) and
   7400–7450 kHz shall be limited to international broadcast stations that
   are located in the Pacific insular areas located in Region 3 (as
   defined in 47 CFR 2.105(a), note 4) that transmit to geographical zones
   and areas of reception in Region 1 or Region 3.

   (2) During the hours of 0800–1600 UTC (Coordinated Universal Time)
   antenna gain with reference to an isotropic radiator in any easterly
   direction that would intersect any area in Region 2 shall not exceed
   2.15 dBi, except in the case where a transmitter power of less than 100
   kW is used. In this case, antenna gain on restricted azimuths shall not
   exceed that which is determined in accordance with equation below.
   Stations desiring to operate in this band must submit sufficient
   antenna performance information to ensure compliance with these
   restrictions. Permitted gain for transmitter powers less than 100 kW:
   [MATH:  :MATH]

   Where:

   Gi = maximum gain permitted with reference to an isotropic radiator.

   Pa = Transmitter power employed in kW.

   (i) Frequencies requested for assignment must be as near as practicable
   to the optimum working frequency (unless otherwise justified) for the
   zone or area of reception for the period and path of transmission, and
   should be chosen so that a given frequency will provide the largest
   period of reliable transmission to the selected zone or area of
   reception. Moreover, at the zone or area of reception frequencies shall
   provide protection to the transmissions of other broadcasting stations
   which, in the opinion of the Commission, have priority of assignment.

   Note 1: Requests for frequency-hours shall be accompanied by all
   pertinent technical data with reference to the frequencies and hours of
   operation, including calculated field strengths delivered to the zones
   or areas of reception.

   Note 2: It is preferable that calculated field strengths delivered to
   zones or areas of reception be equal to or greater than those required
   by I.F.R.B. Technical Standards, Series A (and supplements thereto), in
   order for the I.F.R.B. to afford the notified assignment protection
   from interference. Nevertheless, calculated field strengths less than
   those required by the I.F.R.B. standards for protection will be
   acceptable to the Commission. However, licensees should note that if
   such lesser field strengths are submitted no protection from
   interference will be provided by the I.F.R.B. if their technical
   examination of such notifications show incompatibilities with other
   notified assignments fully complying with I.F.R.B. technical standards.

   Note 3: Licensees are permitted to engage in multiple operation as
   defined in § 73.701(d).

   Note 4: Seasonal requests for frequency-hours will be only for
   transmissions to zones or areas of reception specified in the basic
   instrument of authorization. Changes in such zones or areas will be
   made only on separate application for modification of such instruments.

   (j) Not more than one frequency will be assigned for use at any one
   time for any one program transmission except in instances where a
   program is intended for reception in more than one zone or area of
   reception and the intended zones or areas cannot be served by a single
   frequency: Provided, however, That on a showing of good cause a
   licensee may be authorized to operate on more than one frequency at any
   one time to transmit any one program to a single zone or area of
   reception.

   (k) Any frequency assigned to a licensee or permittee shall also be
   available for assignment to other licensees or permittees.

   (l) All assignments of frequencies and the hours during which they will
   be used will be made with the express understanding that they are
   subject to immediate cancellation or change without hearing whenever
   the Commission determines that interference or propagation conditions
   so require and that each frequency-hour assignment for a given seasonal
   schedule is unique unto itself and not necessarily available for use
   during a subsequent season.

   (m) The total maximum number of frequency-hours which will be
   authorized to all licensees of international broadcasting stations
   during any one day for any season is 100. The number of frequency-hours
   allocated to any licensee will depend on past usage, availability, and
   need. If for a forthcoming season the total of the requests for daily
   frequency-hours of all licensees exceeds 100, all licensees will be
   notified and each licensee that makes an adequate showing that good
   cause exists for not having its requested number of frequency-hours
   reduced and that operation of its station without such reduction would
   be consistent with the public interest may be authorized the
   frequency-hours requested.

   Note: The provisions of this paragraph are not to be construed to mean
   that a total of 100 (or more) frequency-hours per day is assured
   licensees. Frequency-hours will only be assigned to the extent that
   they are available. It is the responsibility of each licensee to make
   all technical studies to show that frequency-hours requested by it are
   available and suitable for use as proposed.

   [ 38 FR 18892 , July 16, 1973, as amended at  51 FR 9965 , Mar. 24, 1986;
    68 FR 25538 , May 13, 2003;  70 FR 46676 , Aug. 10, 2005;  73 FR 25496 , May
   6, 2008]