§ 73.3700   Post-incentive auction licensing and operation.

   (a) Definitions—(1) Broadcast television station. For purposes of this
   section, broadcast television station means full power television stations
   and Class A television stations.

   (2)  Channel reassignment public notice. For purposes of this section,
   Channel Reassignment Public Notice means the public notice to be released
   upon the completion of the broadcast television spectrum incentive auction
   conducted under section 6403 of the Spectrum Act specifying the new channel
   assignments and technical parameters of any broadcast television stations
   that are reassigned to new channels.

   (3) Channel sharee station. For purposes of this section, channel sharee
   station means a broadcast television station for which a winning channel
   sharing bid, as defined in § 1.2200(d) of this chapter, was submitted.

   (4) Channel sharer station. For purposes of this section, channel sharer
   station means a broadcast television station that shares its television
   channel with a channel sharee.

   (5) Channel sharing agreement (CSA). For purposes of this section, channel
   sharing agreement or CSA means an executed agreement between the licensee of
   a channel sharee station or stations and the licensee of a channel sharer
   station governing the use of the shared television channel.

   (6)   High-VHF-to-Low-VHF  station.  For  purposes  of  this  section,
   High-VHF-to-Low-VHF station means a broadcast television station for which a
   winning high-VHF-to-low-VHF bid, as defined in § 1.2200(f) of this chapter,
   was submitted.

   (7) License relinquishment station. For purposes of this section, license
   relinquishment station means a broadcast television station for which a
   winning  license  relinquishment bid, as defined in § 1.2200(g) of this
   chapter, was submitted.

   (8) MVPD. For purposes of this section, MVPD means a person such as, but not
   limited  to,  a cable operator, a multichannel multipoint distribution
   service, a direct broadcast satellite service, or a television receive-only
   satellite  program  distributor,  who makes available for purchase, by
   subscribers or customers, multiple channels of video programming as set
   forth in section 602 of the Communications Act of 1934 (47 U.S.C. 522).

   (9) Pre-auction channel. For purposes of this section, pre-auction channel
   means the channel that is licensed to a broadcast television station on the
   date that the Channel Reassignment Public Notice is released.

   (10)  Predetermined  cost  estimate.  For  purposes  of  this section,
   predetermined cost estimate means the estimated cost of an eligible expense
   as  generally  determined by the Media Bureau in a catalog of expenses
   eligible for reimbursement.

   (11)  Post-auction channel. For purposes of this section, post-auction
   channel means the channel specified in the Channel Reassignment Public
   Notice or a channel authorized by the Media Bureau in a construction permit
   issued  after  the date that the Channel Reassignment Public Notice is
   released under the procedures set forth in paragraph (b) of this section.

   (12) Reassigned station. For purposes of this section, a reassigned station
   means a broadcast television station that is reassigned to a new channel in
   the  Channel Reassignment Public Notice, not including channel sharing
   stations, UHF-to-VHF stations, or High-VHF-to-Low-VHF stations.

   (13) Reimbursement period. For purposes of this section, reimbursement
   period means the period ending three years after the completion of the
   forward auction pursuant to section 6403(b)(4)(D) of the Spectrum Act.

   (14) Spectrum Act. The term Spectrum Act means Title VI of the Middle Class
   Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96).

   (15) Transitioning station. For purposes of this section, a transitioning
   station means a:

   (i) Reassigned station,

   (ii) UHF-to-VHF station,

   (iii) High-VHF-to-Low-VHF station,

   (iv) License relinquishment station, or

   (v) A channel sharee or sharer station.

   (16) TV broadcaster relocation fund. For purposes of this section, the TV
   Broadcaster Relocation Fund means the fund established by section 6403(d)(1)
   of the Spectrum Act.

   (17) UHF-to-VHF station. For purposes of this section, UHF-to-VHF station
   means a television station for which a winning UHF-to-VHF bid, as defined in
   § 1.2200(l) of this chapter, was submitted.

   (b)  Post-auction  licensing—(1) Construction permit applications. (i)
   Licensees   of   reassigned   stations,   UHF-to-VHF   stations,   and
   High-VHF-to-Low-VHF stations must file a minor change application for a
   construction permit for the channel specified in the Channel Reassignment
   Public Notice using FCC Form 301, 301-CA, or 340 within three months of the
   release date of the Channel Reassignment Public Notice. Licensees that are
   unable to meet this filing deadline may request a waiver of the deadline no
   later than 30 days prior to the deadline.

   (ii) A licensee of a reassigned station that is reassigned from one channel
   to a different channel within its existing band will be permitted to propose
   transmission facilities in its construction permit application that will
   extend  its  coverage  contour, as defined by the technical parameters
   specified in the Channel Reassignment Public Notice, if such facilities:

   (A) Are necessary to achieve the coverage contour specified in the Channel
   Reassignment Public Notice or to address loss of coverage area resulting
   from the new channel assignment;

   (B) Will not extend a full power television station's noise limited contour
   or a Class A television station's protected contour by more than one percent
   in any direction; and

   (C) Will not cause new interference, other than a rounding tolerance of 0.5
   percent, to any other broadcast television station.

   (iii) The licensee of a UHF-to-VHF station or High-VHF-to-Low-VHF station
   will be permitted to propose transmission facilities in its construction
   permit application that will extend its coverage contour, as defined by the
   technical parameters specified in the Channel Reassignment Public Notice, if
   the proposed facility will not cause new interference, other than a rounding
   tolerance of 0.5 percent, to any other broadcast television station.

   (iv) Priority filing window. (A) The licensee of a reassigned station, a
   UHF-to-VHF station, or a High-VHF-to-Low-VHF station that, for reasons
   beyond  its  control,  is unable to construct facilities that meet the
   technical parameters specified in the Channel Reassignment Public Notice, or
   the permissible contour coverage variance from those technical parameters
   specified in paragraph (b)(1)(ii) or (iii) of this section, may request a
   waiver  of  the  construction permit application deadline specified in
   paragraph (b)(1)(i) no later than 30 days prior to the deadline. If its
   waiver request is granted, the licensee will be afforded an opportunity to
   submit  an application for a construction permit pursuant to paragraph
   (b)(2)(i)  or  (ii)  of this section in a priority filing window to be
   announced by the Media Bureau by public notice.

   (B) The licensee of any broadcast television station that the Commission
   makes all reasonable efforts to preserve pursuant to section 6403(b)(2) of
   the Spectrum Act that is predicted to experience aggregate new interference
   to population served in excess of one percent as a result of the repacking
   process will be afforded an opportunity to submit an application for a
   construction permit pursuant to paragraph (b)(2)(i) or (ii) of this section
   in the priority filing window required by paragraph (b)(1)(iv)(A).

   (v) Construction permit applications filed pursuant to paragraph (b)(1)(i)
   of this section will be afforded expedited processing if the application:

   (A) Does not seek to expand the coverage area, as defined by the technical
   parameters specified in the Channel Reassignment Public Notice, in any
   direction;

   (B) Seeks authorization for facilities that are no more than five percent
   smaller than those specified in the Channel Reassignment Public Notice with
   respect to predicted population served; and

   (C)  Is  filed  within the three-month deadline specified in paragraph
   (b)(1)(i) of this section.

   (vi) Delegation of authority. The Commission delegates authority to the
   Chief,  Media  Bureau to establish construction periods for reassigned
   stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF stations.

   (2) Applications for alternate channels and expanded facilities—

   (i) Alternate channels. The licensee of a reassigned station, a UHF-to-VHF
   station, a High-VHF-to-Low-VHF station, or a broadcast television station
   described in paragraph (b)(1)(iv)(B) of this section will be permitted to
   file a major change application for a construction permit for an alternate
   channel  on  FCC Form 301, 301-CA, or 340 during a filing window to be
   announced by the Media Bureau by public notice, provided that:

   (A) The licensee of a UHF-to-VHF station cannot request an alternate UHF
   channel;

   (B) The licensee of a UHF-to-VHF station that specified the high-VHF band or
   the low-VHF band in its UHF-to-VHF bid cannot request a VHF channel outside
   of the assigned band; and

   (C)  The  licensee  of a High-VHF-to-Low-VHF station cannot request an
   alternate high-VHF channel.

   (ii) Expanded facilities. The licensee of a reassigned station, a UHF-to-VHF
   station, a High-VHF-to-Low-VHF station, or a broadcast television station
   described in paragraph (b)(1)(iv)(B) of this section will be permitted to
   file a minor change application for a construction permit on FCC Form 301,
   301-CA, or 340 during a filing window to be announced by the Media Bureau by
   public notice, in order to request a change in the technical parameters
   specified in the Channel Reassignment Public Notice (or, in the case of a
   broadcast television station described in paragraph (b)(1)(iv)(B) that is
   not  reassigned to a new channel, a change in its authorized technical
   parameters) with respect to height above average terrain (HAAT), effective
   radiated power (ERP), or transmitter location that would be considered a
   minor change under § § 73.3572(a)(1),(2) or 74.787(b) of this chapter.

   (iii) Delegation of authority. The Commission delegates authority to the
   Chief, Media Bureau to:

   (A)  Announce filing opportunities for alternate channels and expanded
   facilities applications and specifying appropriate processing guidelines,
   including the standards to qualify for priority filing, cut-off protections,
   and means to avoid or resolve mutual exclusivity between applications; and

   (B)  Establish  construction periods for permits authorizing alternate
   channels or expanded facilities.

   (3) License applications for channel sharing stations. The licensee of each
   channel sharee station and channel sharer station must file an application
   for a license for the shared channel using FCC Form 302-DTV or 302-CA within
   three months of the date that the channel sharee station licensee receives
   its incentive payment pursuant to section 6403(a)(1) of the Spectrum Act.

   (4) Deadlines to terminate operations on pre-auction channels. (i) The
   licensee  of  a  license  relinquishment  station must comply with the
   notification  and  cancellation  procedures  in § 73.1750 and terminate
   operations on its pre-auction channel within three months of the date that
   the licensee receives its incentive payment pursuant to section 6403(a)(1)
   of the Spectrum Act.

   (ii)  The  licensee  of  a channel sharee station must comply with the
   notification  and  cancellation  procedures  in § 73.1750 and terminate
   operations on its pre-auction channel within three months of the date that
   the licensee receives its incentive payment pursuant to section 6403(a)(1)
   of the Spectrum Act.

   (iii) All reassigned stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF
   stations must cease operating on their pre-auction channel once such station
   begins operating on its post-auction channel or by the deadline specified in
   its construction permit for its post-auction channel, whichever occurs
   earlier, and in no event later than the end of the post-auction transition
   period as defined in § 27.4 of this chapter.

   (5) Applications for additional time to complete construction—(i) Delegation
   of authority. Authority is delegated to the Chief, Media Bureau to grant a
   single extension of time of up to six months to licensees of reassigned
   stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF stations to complete
   construction  of  their post-auction channel upon demonstration by the
   licensee  that  failure  to  meet  the construction deadline is due to
   circumstances  that  are either unforeseeable or beyond the licensee's
   control. Licensees needing additional time beyond such a single extension of
   time to complete construction shall be subject to the tolling provisions in
   § 73.3598.

   (ii)  Circumstances  that may justify an extension of the construction
   deadline of a licensee of a reassigned station, a UHF-to-VHF station, or a
   High-VHF-to-Low-VHF station include but are not limited to:

   (A)   Weather-related   delays,   including  a  tower  location  in  a
   weather-sensitive area;

   (B) Delays in construction due to the unavailability of equipment or a tower
   crew;

   (C) Tower lease disputes;

   (D)  Unusual  technical  challenges,  such  as the need to construct a
   top-mounted  or side-mounted antenna or the need to coordinate channel
   changes with another station; and

   (E) Delays faced by licensees that must obtain government approvals, such as
   land use or zoning approvals, or that are subject to competitive bidding
   requirements prior to purchasing equipment or services.

   (iii)  A  licensee  of  a  reassigned  station, UHF-to-VHF station, or
   High-VHF-to-Low-VHF station may rely on “financial hardship” as a criterion
   for seeking an extension of time if it is subject to an active bankruptcy or
   receivership  proceeding, provided that the licensee makes an adequate
   showing that it has filed requests to proceed with construction in the
   relevant court proceedings. Any other licensee that seeks an extension of
   time based on financial hardship must demonstrate that, although it is not
   subject  to  an active bankruptcy or receivership proceeding, rare and
   exceptional financial circumstances warrant granting additional time to
   complete construction.

   (iv) Applications for additional time to complete construction must be filed
   electronically in CDBS using FCC Form 337 no less than 90 days before the
   expiration of the construction permit.

   (c)   Consumer  education  for  transitioning  stations.  (1)  License
   relinquishment stations that operate on a commercial basis will be required
   to air at least one Public Service Announcement (PSA) and run at least one
   crawl in every quarter of every day for 30 days prior to the date that the
   station  terminates  operations on its pre-auction channel. One of the
   required PSAs and one of the required crawls must be run during prime time
   hours (for purposes of this section, between 8:00 p.m. and 11:00 p.m. in the
   Eastern and Pacific time zones, and between 7:00 p.m. and 10:00 p.m. in the
   Mountain and Central time zones) each day.

   (2) Noncommercial educational full power television license relinquishment
   stations may choose to comply with these requirements in paragraph (c)(1) of
   this section or may air 60 seconds per day of on-air consumer education PSAs
   for  30  days  prior to the station's termination of operations on its
   pre-auction channel.

   (3) Transitioning stations, except for license relinquishment stations, must
   air 60 seconds per day of on-air consumer education PSAs or crawls for 30
   days prior to the station's termination of operations on its pre-auction
   channel.

   (4) Transition crawls. (i) Each crawl must run during programming for no
   less than 60 consecutive seconds across the bottom or top of the viewing
   area and be provided in the same language as a majority of the programming
   carried by the transitioning station.

   (ii)  Each crawl must include the date that the station will terminate
   operations on its pre-auction channel; inform viewers of the need to rescan
   if the station has received a new post-auction channel assignment; and
   explain how viewers may obtain more information by telephone or online.

   (5)  Transition PSAs. (i) Each PSA must have a duration of at least 15
   seconds.

   (ii) Each PSA must be provided in the same language as a majority of the
   programming carried by the transitioning station; include the date that the
   station will terminate operations on its pre-auction channel; inform viewers
   of the need to rescan if the station has received a new post-auction channel
   assignment; explain how viewers may obtain more information by telephone or
   online; and for stations with new post-auction channel assignments, provide
   instructions to both over-the-air and MVPD viewers regarding how to continue
   watching the television station; and be closed-captioned.

   (6) Licensees of transitioning stations, except for license relinquishment
   stations, must place a certification of compliance with the requirements in
   paragraph (c) of this section in their online public file within 30 days
   after beginning operations on their post-auction channels. Licensees of
   license relinquishment stations must include the certification in their
   notification of discontinuation of service pursuant to § 73.1750 of this
   chapter.

   (d) Notice to MVPDs. (1) Licensees of transitioning stations must provide
   notice to MVPDs that:

   (i) No longer will be required to carry the station because it will cease
   operations or because of the relocation of a channel sharee station;

   (ii) Currently carry and will continue to be obligated to carry a station
   that will have a new post-auction channel assignment; or

   (iii) Will become obligated to carry a station due to the relocation of a
   channel sharee station.

   (2)  The  notice  to  MVPDs  must  be provided in the form of a letter
   notification and must contain the following information:

   (i) Date and time of any channel changes;

   (ii) Pre-auction and post-auction channels;

   (iii) Modification (if any) to antenna position, location or power levels;

   (iv) Stream identification information for channel sharing stations; and

   (v) Engineering staff contact information.

   (3) Should any of the information in (d)(2) of this section change during
   the time that the station is transitioning from its pre-auction to its
   post-auction channel, an amended notification must be sent.

   (4) For cable systems, the notification letter must be addressed to the
   system's official address of record provided in the cable system's most
   recent filing in the Commission's Cable Operations and Licensing System
   (COALS) Form 322. For all other MVPDs, the notification letter must be
   addressed to the official corporate address registered with their State of
   incorporation.

   (5) Notification letters must be sent within the following time frames:

   (i) For license relinquishment stations, not less than 30 days prior to
   terminating operations;

   (ii) For channel sharee stations, not less than 30 days prior to terminating
   operations of the pre-auction channel;

   (iii) For channel sharee and channel sharer stations, not less than 30 days
   prior to initiation of operations on the shared channel; and

   (iv) For reassigned stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF
   stations, not less than 90 days prior to the date on which they will begin
   operations on their post-auction channel.

   (v) If a station's anticipated transition date changes due to an unforeseen
   delay or change in transition plan, the licensee must send a further notice
   to affected MVPDs informing them of the new anticipated transition date.

   (e)  Reimbursement  rules—(1) Entities eligible for reimbursement. The
   Commission will reimburse relocation costs reasonably incurred only by:

   (i) The licensees of full power and Class A broadcast television stations
   that are reassigned under section 6403(b)(1)(B)(i) of the Spectrum Act,
   including channel sharer stations that are reassigned to a new channel in
   the Channel Reassignment Public Notice; and

   (ii) MVPDs in order to continue to carry the signal of a full power or Class
   A broadcast television station that is:

   (A) Described in paragraph (e)(1)(i) of this section;

   (B) A UHF-to-VHF station;

   (C) A High-VHF-to-Low-VHF station; or

   (D) A channel sharee station.

   (2) Estimated costs. (i) No later than three months following the release of
   the Channel Reassignment Public Notice, all broadcast television station
   licensees and MVPDs that are eligible to receive payment of relocation costs
   will be required to file an estimated cost form providing an estimate of
   their reasonably incurred relocation costs.

   (ii) Each broadcast television station licensee and MVPD that submits an
   estimated cost form will be required to certify, inter alia, that:

   (A) It believes in good faith that it will reasonably incur all of the
   estimated  costs  that  it claims as eligible for reimbursement on the
   estimated cost form;

   (B) It will use all money received from the TV Broadcaster Relocation Fund
   only for expenses it believes in good faith are eligible for reimbursement;

   (C) It will comply with all policies and procedures relating to allocations,
   draw downs, payments, obligations, and expenditures of money from the TV
   Broadcaster Relocation Fund;

   (D) It will maintain detailed records, including receipts, of all costs
   eligible for reimbursement actually incurred; and

   (E) It will file all required documentation of its relocation expenses as
   instructed by the Media Bureau.

   (iii) If a broadcast television station licensee or MVPD seeks reimbursement
   for  new  equipment,  it  must provide a justification as to why it is
   reasonable under the circumstances to purchase new equipment rather than
   modify its corresponding current equipment in order to change channels or to
   continue to carry the signal of a broadcast television station that changes
   channels.

   (iv)  Entities that submit their own cost estimates, as opposed to the
   predetermined cost estimates provided in the estimated cost form, must
   submit supporting evidence and certify that the estimate is made in good
   faith.

   (3) Final Allocation Deadline. (i) Upon completing construction or other
   reimbursable changes, or by a specific deadline prior to the end of the
   Reimbursement Period to be established by the Media Bureau, whichever is
   earlier, all broadcast television station licensees and MVPDs that received
   an initial allocation from the TV Broadcaster Relocation Fund must provide
   the Commission with information and documentation, including invoices and
   receipts,  regarding their actual expenses incurred as of a date to be
   determined by the Media Bureau (the “Final Allocation Deadline”).

   (ii)  If  a  broadcast television station licensee or MVPD has not yet
   completed construction or other reimbursable changes by the Final Allocation
   Deadline, it must provide the Commission with information and documentation
   regarding any remaining eligible expenses that it expects to reasonably
   incur.

   (4) Final accounting. After completing all construction or reimbursable
   changes, broadcast television station licensees and MVPDs that have received
   money from the TV Broadcaster Relocation Fund will be required to submit
   final expense documentation containing a list of estimated expenses and
   actual expenses as of a date to be determined by the Media Bureau. Entities
   that  have finished construction and have submitted all actual expense
   documentation by the Final Allocation Deadline will not be required to file
   at the final accounting stage.

   (5) Progress reports. Broadcast television station licensees and MVPDs that
   receive payment from the TV Broadcaster Relocation Fund are required to
   submit progress reports at a date and frequency to be determined by the
   Media Bureau.

   (6)  Documentation requirements. (i) Each broadcast television station
   licensee and MVPD that receives payment from the TV Broadcaster Relocation
   Fund is required to retain all relevant documents pertaining to construction
   or other reimbursable changes for a period ending not less than 10 years
   after the date on which it receives final payment from the TV Broadcaster
   Relocation Fund.

   (ii) Each broadcast television station licensee and MVPD that receives
   payment from the TV Broadcaster Relocation Fund must make available all
   relevant documentation upon request from the Commission or its contractor.

   (7) Delegation of authority. The Commission delegates authority to the
   Chief, Media Bureau, to adopt the necessary policies and procedures relating
   to allocations, draw downs, payments, obligations, and expenditures of money
   from the TV Broadcaster Relocation Fund in order to protect against waste,
   fraud, and abuse and in the event of bankruptcy, to establish a catalog of
   expenses eligible for reimbursement and predetermined cost estimates, review
   the estimated cost forms, issue initial allocations for costs reasonably
   incurred pursuant to section 6403(b)(4) of the Spectrum Act, set filing
   deadlines  and review information and documentation regarding progress
   reports,  final  allocations,  and  final accountings, and issue final
   allocations to reimburse for costs reasonably incurred pursuant to section
   6403(b)(4) of the Spectrum Act.

   (f) Service rule waiver—(1) Waiver requests. (i) A broadcast television
   station licensee described in paragraph (e)(1)(i) of this section may file a
   request  with the Chief, Media Bureau for a waiver of the Commission's
   service rules pursuant to section 6403(b)(4)(B) of the Spectrum Act during a
   30-day window commencing upon the date that the Channel Reassignment Public
   Notice is released.

   (ii) A broadcast television station licensee may request that a waiver be
   granted on a temporary or permanent basis.

   (2) A licensee will have 10 days following a grant of the waiver to notify
   the Commission whether it accepts the terms of the waiver.

   (3) A licensee is required to meet all requirements for receiving payment of
   relocation costs under section 6403(b)(4) of the Spectrum Act established by
   the Commission, including the requirements of paragraph (e) of this section,
   until its waiver request is granted and the licensee accepts the terms of
   the waiver.

   (4) A licensee that is granted and accepts the terms of the waiver or a
   licensee with a pending waiver application must comply with all filing and
   notification requirements, construction schedules, and other post-auction
   transition deadlines set forth in paragraphs (b), (c), and (d) of this
   section.

   (g) Low Power TV and TV translator stations. (1) Licensees of operating low
   power  TV and TV translator stations that are displaced by a broadcast
   television  station or a wireless service provider or whose channel is
   reserved as a guard band as a result of the broadcast television spectrum
   incentive auction conducted under section 6403 of the Spectrum Act shall be
   permitted to submit an application for displacement relief in a restricted
   filing window to be announced by the Media Bureau by public notice. Except
   as otherwise indicated in this section, such applications will be subject to
   the rules governing displacement applications set forth in § § 73.3572(a)(4)
   and 74.787(a)(4) of this chapter.

   (2) In addition to other interference protection requirements set forth in
   the rules, when requesting a new channel in a displacement application,
   licensees of operating low power TV and TV translator stations will be
   required to demonstrate that the station would not cause interference to the
   predicted service of broadcast television stations on:

   (i) Pre-auction channels;

   (ii) Channels assigned in the Channel Reassignment Public Notice; or

   (iii) Alternative channels or expanded facilities broadcast television
   station licensees have applied for pursuant to paragraph (b)(2) of this
   section.

   (3) Mutually exclusive displacement applications. Licensees of low power TV
   and  TV  translator stations that file mutually exclusive displacement
   applications will be permitted to resolve the mutual exclusivity through an
   engineering solution or settlement agreement. If no resolution of mutually
   exclusive displacement applications occurs, a selection priority will be
   granted to the licensee of a displaced digital replacement translator.

   (4) Notification and termination provisions for displaced low power TV and
   TV translator stations. (i) A wireless licensee assigned to frequencies in
   the 600 MHz band under part 27 of this chapter must notify low power TV and
   TV translator stations of its intent to commence wireless operations and the
   likelihood of receiving harmful interference from the low power TV or TV
   translator  station  to such operations within the wireless licensee's
   licensed geographic service area.

   (ii) The new wireless licensees must:

   (A)  Notify the low power TV or TV translator station in the form of a
   letter, via certified mail, return receipt requested;

   (B)  Indicate  the  date the new wireless licensee intends to commence
   operations  in  areas where there is a likelihood of receiving harmful
   interference from the low power TV or TV translator station; and

   (C)  Send  such  notification not less than 120 days in advance of the
   commencement date.

   (iii) Low power TV and TV translator stations may continue operating on
   frequencies in the 600 MHz band assigned to wireless licensees under part 27
   of  this  chapter  until the wireless licensee commences operations as
   indicated in the notification sent pursuant to this paragraph.

   (iv)  After  receiving notification, the low power TV or TV translator
   licensee must cease operating or reduce power in order to eliminate the
   potential for harmful interference before the commencement date set forth in
   the notification.

   (v) Low power TV and TV translator stations that are operating on the UHF
   spectrum  that  is reserved for guard band channels as a result of the
   broadcast television incentive auction conducted under section 6403 of the
   Spectrum Act may continue operating on such channels until the end of the
   post-auction transition period as defined in § 27.4 of this chapter, unless
   they receive notification from a new wireless licensee pursuant to the
   requirements of paragraph (g)(4) of this section that they are likely to
   cause harmful interference in areas where the wireless licensee intends to
   commence operations, in which case the requirements of paragraph (g)(4) of
   this section will apply.

   (h) Channel sharing operating rules. (1) Each broadcast television station
   licensee that is a party to a CSA shall continue to be licensed and operated
   separately, have its own call sign, and be separately subject to all of the
   Commission's obligations, rules, and policies applicable to the television
   service.

   (2) Channel sharing between full power television and Class A television
   stations.  (i)  A  CSA may be executed between licensees of full power
   television stations, between licensees of Class A television stations, and
   between licensees of full power and Class A television stations.

   (ii) A Class A channel sharee station licensee that is a party to a CSA with
   a full power channel sharer station licensee must comply with the rules of
   part 73 governing power levels and interference, and must comply in all
   other respects with the rules and policies applicable to Class A television
   stations, as set forth in § § 73.6000 et seq.

   (iii) A full power channel sharee station licensee that is a party to a CSA
   with a Class A channel sharer station licensee must comply with the rules of
   part 74 of this chapter governing power levels and interference.

   (iv)  A  Class A channel sharee station may qualify only for the cable
   carriage rights afforded to “qualified low power television stations” in
   § 76.56(b)(3) of this chapter.

   (3)  Channel  sharing between commercial and noncommercial educational
   television stations. (i) A CSA may be executed between commercial and NCE
   broadcast television station licensees.

   (ii) The licensee of an NCE station operating on a reserved channel under
   § 73.621 that becomes a party to a CSA, either as a channel sharee station or
   as a channel sharer station, will retain its NCE status and must continue to
   comply with § 73.621.

   (iii) If the licensee of an NCE station operating on a reserved channel
   under § 73.621 becomes a party to a CSA, either as a channel sharee station
   or as a channel sharer station, the portion of the shared television channel
   on which the NCE station operates shall be reserved for NCE-only use.

   (iv) The licensee of an NCE station operating on a reserved channel under
   § 73.621 that becomes a party to a CSA may assign or transfer its shared
   license only to an entity qualified under § 73.621 as an NCE television
   licensee.

   (v) If the licensee of an NCE station operating on a reserved channel under
   § 73.621  becomes  a  party to a CSA and its license is relinquished or
   terminated, only another entity meeting the eligibility criteria of § 73.621
   will be considered for reassignment of the shared license.

   (4) Required CSA provisions. (i) CSAs must contain provisions outlining each
   licensee's rights and responsibilities regarding:

   (A)  Access  to  facilities, including whether each licensee will have
   unrestrained access to the shared transmission facilities;

   (B) Allocation of bandwidth within the shared channel;

   (C)  Operation,  maintenance,  repair, and modification of facilities,
   including a list of all relevant equipment, a description of each party's
   financial obligations, and any relevant notice provisions; and

   (D) Termination or transfer/assignment of rights to the shared licenses,
   including the ability of a new licensee to assume the existing CSA.

   (ii) CSAs must include provisions:

   (A) Affirming compliance with the channel sharing requirements in paragraph
   (h)(4) of this section, the Incentive Auction Report and Order, Docket No.
   12-268 (FCC 14-50), and the Channel Sharing Report and Order, 27 FCC Rcd
   4616 (2012); and

   (B) Requiring that each channel sharing licensee shall retain spectrum usage
   rights adequate to ensure a sufficient amount of the shared channel capacity
   to allow it to provide at least one Standard Definition (SD) program stream
   at all times.

   (5) If a channel sharee or channel sharer station's license is terminated,
   the licensees of the remaining channel sharing station or stations will
   continue to have rights to their portion(s) of the shared channel. The
   rights to the terminated portion of the shared channel will revert to the
   Commission for reassignment. The final award of the rights to the terminated
   portion of the shared channel will be conditioned on a new channel sharing
   licensee agreeing to the terms of the existing CSA. If the new channel
   sharing licensee and the licensees of the remaining channel sharing station
   or  stations  agree  to renegotiate the terms of the existing CSA, the
   agreement  may  be  amended,  subject  to  Commission approval. If the
   negotiations to amend the agreement are unsuccessful, the remaining station
   or stations will be permitted to continue to operate while the channel
   remains a shared allocation and subject to reassignment.

   (6) If the rights under a CSA are transferred or assigned, the assignee or
   the transferee must comply with the terms of the CSA. If the transferee or
   assignee and the licensees of the remaining channel sharing station or
   stations agree to amend the terms of the existing CSA, the agreement may be
   amended, subject to Commission approval.

   (7) Preservation of carriage rights. A channel sharee station that possessed
   carriage rights under section 338, 614, or 615 of the Communications Act of
   1934 (47 U.S.C. 338; 534; 535) on November 30, 2010, shall have, at its
   shared location, the carriage rights under such section that would apply to
   such station at the shared location if it were not sharing a channel.

   [ 79 FR 48539 , Aug. 15, 2014, as amended at  79 FR 76914 , Dec. 23, 2014;  80 FR 46846 , Aug. 6, 2015]

   Effective  Date  Notes: 1. At  79 FR 48539 , Aug. 15, 2014, § 73.3700 was
   revised. Paragraphs (b)(1)(i) through (iii) and (v), (b)(2)(i), (b)(4)(i)
   and (ii), (b)(5), (d), (e)(2) through (6), (f), (g), (h)(4) and (6) of this
   section contain information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

   2.  At   79 FR 76914 , Dec. 23, 2014, § 73.3700 was amended by revising
   paragraphs (b)(1)(iv), (b)(2)(i) introductory text, and (b)(2)(ii). These
   paragraphs contain information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

   3. At  80 FR 46846 , Aug. 6, 2015, § 73.3700 (c)(6) was revised, effective
   Sept.  8,  2015.  This  paragraph  contains information collection and
   recordkeeping requirements and will not become effective until approval has
   been given by the Office of Management and Budget.

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