§  73.512   Special procedures applicable to Class D noncommercial educational
stations.

   (a) All Class D stations seeking renewal of license for any term
   expiring June 1, 1980, or thereafter shall comply with the requirements
   set forth below and shall simultaneously file an application on FCC
   Form 340, containing full information regarding such compliance with
   the provisions set forth below.

   (1) To the extent possible, each applicant shall select a commercial FM
   channel on which it proposes to operate in lieu of the station's
   present channel. The station may select any commercial channel provided
   no objectionable interference, as set forth in § 73.509(b), would be
   caused. The application shall include the same engineering information
   as is required to change the frequency of an existing station and any
   other information necessary to establish the fact that objectionable
   interference would not result. If no commerical channel is available
   where the station could operate without causing such interference, the
   application shall set forth the basis upon which this conclusion was
   reached.

   (2) If a commercial channel is unavailable, to the extent possible each
   applicant should propose operation on Channel 200 (87.9 MHz) unless the
   station would be within 402 kilometers (250 miles) of the Canadian
   border or 320 kilometers (199 miles) of the Mexican border or would
   cause interference to an FM station operating on Channels 201, 202, or
   203 or to TV Channel 6, as provided in § 73.509.

   (3) If a channel is not available under either paragraph (a) (1) or (2)
   of this section, the renewal applicant shall study all 20 noncommercial
   educational FM channels and shall propose operation on the channel
   which would cause the least preclusion to the establishment of new
   stations or increases in power by existing stations. Full information
   regarding the basis for the selection should be provided.

   (b) At any time before the requirements of paragraph (a) become
   effective, any existing Class D station may file a construction permit
   application on FCC Form 340 to change channel in the manner described
   above which shall be subject to the same requirements. In either case,
   any license granted shall specify that the station's license is for a
   Class D (secondary) station.

   (c) Except in Alaska, no new Class D applications nor major change
   applications by existing Class D stations are acceptable for filing
   except by existing Class D stations seeking to change frequency. Upon
   the grant of such application, the station shall become a Class D
   (secondary) station.

   (d) Class D noncommercial educational (secondary) stations (see
   § 73.506(a)(2)) will be permitted to continue to operate only so long as
   no interference (as defined in § 73.509) is caused to any TV or
   commercial FM broadcast stations. In the event that the Class D
   (secondary) station would cause interference to a TV or commercial FM
   broadcast station after that Class D (secondary) station is authorized,
   the Class D (secondary) station must cease operation when program tests
   for the TV or commercial FM broadcast station commence. The Class D
   (secondary) station may apply for a construction permit (see § 73.3533)
   to change to another frequency or antenna site where it would not cause
   interference (as defined in § 73.509). If the Class D (secondary)
   station must cease operation before the construction permit is granted,
   an application for temporary authorization (pursuant to § 73.3542) to
   operate with the proposed facilities may be submitted; where
   appropriate, such temporary authorization can be granted. With respect
   to Class D (secondary) applications on Channels 201 through 220
   required to protect television stations operating on TV Channel 6, the
   non-interference requirements in the preceding sentences will apply
   unless the application is accompanied by a written agreement between
   the Class D (secondary) applicant and each affected TV Channel 6
   broadcast station concurring with the proposed Class D facilities.

   [ 43 FR 39716 , Sept. 6, 1978, as amended at  44 FR 48226 , Aug. 17, 1979;
    47 FR 28388 , June 30, 1982;  50 FR 8326 , Mar. 1, 1985;  85 FR 35573 , June
   11, 2020]