§  73.24   Broadcast facilities; showing required.

   An authorization for a new AM broadcast station or increase in
   facilities of an existing station will be issued only after a
   satisfactory showing has been made in regard to the following, among
   others:

   (a) That the proposed assignment will tend to effect a fair, efficient,
   and equitable distribution of radio service among the several states
   and communities.

   (b) That a proposed new station (or a proposed change in the facilities
   of an authorized station) complies with the pertinent requirements of
   § 73.37 of this chapter.

   (c) That the applicant is financially qualified to construct and
   operate the proposed station.

   (d) That the applicant is legally qualified. That the applicant (or the
   person or persons in control of an applicant corporation or other
   organization) is of good character and possesses other qualifications
   sufficient to provide a satisfactory public service.

   (e) That the technical equipment proposed, the location of the
   transmitter, and other technical phases of operation comply with the
   regulations governing the same, and the requirements of good
   engineering practice.

   (f) That the facilities sought are subject to assignment as requested
   under existing international agreements and the rules and regulations
   of the Commission.

   (g) That the population within the 1 V/m contour does not exceed 1.0
   percent of the population within the 25 mV/m contour: Provided,
   however, That where the number of persons within the 1 V/m contour is
   300 or less the provisions of this paragraph are not applicable.

   (h) That, in the case of an application for a Class B or Class D
   station on a clear channel, the proposed station would radiate, during
   two hours following local sunrise and two hours preceding local sunset,
   in any direction toward the 0.1 mV/m groundwave contour of a co-channel
   United States Class A station, no more than the maximum value permitted
   under the provisions of § 73.187.

   (i) That, for all proposals for new stations, applications to modify a
   construction permit for an unlicensed station, and all applications to
   change a station's community of license, the daytime 5 mV/m contour
   encompasses the entire principal community to be served. That, for all
   other applications for modification of licensed stations, the daytime 5
   mV/m contour encompasses either 50 percent of the area, or 50 percent
   of the population, of the principal community to be served. That, for
   all proposals for new stations in the 535-1605 kHz band, applications
   to modify a construction permit for an unlicensed station, or
   applications to change a station's community of license, either 50
   percent of the area, or 50 percent of the population of the principal
   community is encompassed by the nighttime 5 mV/m contour or the
   nighttime interference-free contour, whichever value is higher. That,
   for stations in the 1605-1705 kHz band, 50 percent of the principal
   community is encompassed by the nighttime 5 mV/m contour or the
   nighttime interference-free contour, whichever value is higher. That
   Class D stations with nighttime authorizations need not demonstrate
   such coverage during nighttime operation.

   (j) That the public interest, convenience, and necessity will be served
   through the operation under the proposed assignment.

   [ 28 FR 13574 , Dec. 14, 1963, as amended at  38 FR 5874 , Mar. 5, 1973;  49 FR 43960 , Nov. 1, 1984;  50 FR 40014 , Oct. 1, 1985;  52 FR 11654 , Apr.
   10, 1987;  53 FR 1031 , Jan. 15, 1988;  56 FR 64857 , Dec. 12, 1991;  81 FR 2759 , Jan. 19, 2016]